Rep. Barbara Flynn Currie

Filed: 6/29/2016

 

 


 

 


 
09900SB2562ham002LRB099 17003 AWJ 49204 a

1
AMENDMENT TO SENATE BILL 2562

2    AMENDMENT NO. ______. Amend Senate Bill 2562, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4,
711-74.4-6, 11-74.4-8, and 11-74.6-22 and by adding Section
811-74.4-3.3 as follows:
 
9    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
10    Sec. 11-74.4-3. Definitions. The following terms, wherever
11used or referred to in this Division 74.4 shall have the
12following respective meanings, unless in any case a different
13meaning clearly appears from the context.
14    (a) For any redevelopment project area that has been
15designated pursuant to this Section by an ordinance adopted
16prior to November 1, 1999 (the effective date of Public Act

 

 

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191-478), "blighted area" shall have the meaning set forth in
2this Section prior to that date.
3    On and after November 1, 1999, "blighted area" means any
4improved or vacant area within the boundaries of a
5redevelopment project area located within the territorial
6limits of the municipality where:
7        (1) If improved, industrial, commercial, and
8    residential buildings or improvements are detrimental to
9    the public safety, health, or welfare because of a
10    combination of 5 or more of the following factors, each of
11    which is (i) present, with that presence documented, to a
12    meaningful extent so that a municipality may reasonably
13    find that the factor is clearly present within the intent
14    of the Act and (ii) reasonably distributed throughout the
15    improved part of the redevelopment project area:
16            (A) Dilapidation. An advanced state of disrepair
17        or neglect of necessary repairs to the primary
18        structural components of buildings or improvements in
19        such a combination that a documented building
20        condition analysis determines that major repair is
21        required or the defects are so serious and so extensive
22        that the buildings must be removed.
23            (B) Obsolescence. The condition or process of
24        falling into disuse. Structures have become ill-suited
25        for the original use.
26            (C) Deterioration. With respect to buildings,

 

 

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1        defects including, but not limited to, major defects in
2        the secondary building components such as doors,
3        windows, porches, gutters and downspouts, and fascia.
4        With respect to surface improvements, that the
5        condition of roadways, alleys, curbs, gutters,
6        sidewalks, off-street parking, and surface storage
7        areas evidence deterioration, including, but not
8        limited to, surface cracking, crumbling, potholes,
9        depressions, loose paving material, and weeds
10        protruding through paved surfaces.
11            (D) Presence of structures below minimum code
12        standards. All structures that do not meet the
13        standards of zoning, subdivision, building, fire, and
14        other governmental codes applicable to property, but
15        not including housing and property maintenance codes.
16            (E) Illegal use of individual structures. The use
17        of structures in violation of applicable federal,
18        State, or local laws, exclusive of those applicable to
19        the presence of structures below minimum code
20        standards.
21            (F) Excessive vacancies. The presence of buildings
22        that are unoccupied or under-utilized and that
23        represent an adverse influence on the area because of
24        the frequency, extent, or duration of the vacancies.
25            (G) Lack of ventilation, light, or sanitary
26        facilities. The absence of adequate ventilation for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1financing. For purposes of computing the aggregate amount of
2such taxes for base years occurring prior to 1985, the
3Department of Revenue shall determine the Initial Sales Tax
4Amounts for such taxes and deduct therefrom an amount equal to
54% of the aggregate amount of taxes per year for each year the
6base year is prior to 1985, but not to exceed a total deduction
7of 12%. The amount so determined shall be known as the
8"Adjusted Initial Sales Tax Amounts". For purposes of
9determining the Municipal Sales Tax Increment, the Department
10of Revenue shall for each period subtract from the amount paid
11to the municipality from the Local Government Tax Fund arising
12from sales by retailers and servicemen on transactions located
13in the redevelopment project area or the State Sales Tax
14Boundary, as the case may be, the certified Initial Sales Tax
15Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
16Initial Sales Tax Amounts for the Municipal Retailers'
17Occupation Tax Act and the Municipal Service Occupation Tax
18Act. For the State Fiscal Year 1989, this calculation shall be
19made by utilizing the calendar year 1987 to determine the tax
20amounts received. For the State Fiscal Year 1990, this
21calculation shall be made by utilizing the period from January
221, 1988, until September 30, 1988, 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, the

 

 

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1Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
2Tax Amounts as appropriate. For the State Fiscal Year 1991,
3this calculation shall be made by utilizing the period from
4October 1, 1988, to June 30, 1989, to determine the tax amounts
5received from retailers and servicemen pursuant to the
6Municipal Retailers' Occupation Tax and the Municipal Service
7Occupation Tax Act which shall have deducted therefrom
8nine-twelfths of the certified Initial Sales Tax Amounts,
9Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
10Tax Amounts as appropriate. For every State Fiscal Year
11thereafter, the applicable period shall be the 12 months
12beginning July 1 and ending June 30 to determine the tax
13amounts received which shall have deducted therefrom the
14certified Initial Sales Tax Amounts, the Adjusted Initial Sales
15Tax Amounts or the Revised Initial Sales Tax Amounts, as the
16case may be.
17    (i) "Net State Sales Tax Increment" means the sum of the
18following: (a) 80% of the first $100,000 of State Sales Tax
19Increment annually generated within a State Sales Tax Boundary;
20(b) 60% of the amount in excess of $100,000 but not exceeding
21$500,000 of State Sales Tax Increment annually generated within
22a State Sales Tax Boundary; and (c) 40% of all amounts in
23excess of $500,000 of State Sales Tax Increment annually
24generated within a State Sales Tax Boundary. If, however, a
25municipality established a tax increment financing district in
26a county with a population in excess of 3,000,000 before

 

 

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1January 1, 1986, and the municipality entered into a contract
2or issued bonds after January 1, 1986, but before December 31,
31986, to finance redevelopment project costs within a State
4Sales Tax Boundary, then the Net State Sales Tax Increment
5means, for the fiscal years beginning July 1, 1990, and July 1,
61991, 100% of the State Sales Tax Increment annually generated
7within a State Sales Tax Boundary; and notwithstanding any
8other provision of this Act, for those fiscal years the
9Department of Revenue shall distribute to those municipalities
10100% of their Net State Sales Tax Increment before any
11distribution to any other municipality and regardless of
12whether or not those other municipalities will receive 100% of
13their Net State Sales Tax Increment. For Fiscal Year 1999, and
14every year thereafter until the year 2007, for any municipality
15that has not entered into a contract or has not issued bonds
16prior to June 1, 1988 to finance redevelopment project costs
17within a State Sales Tax Boundary, the Net State Sales Tax
18Increment shall be calculated as follows: By multiplying the
19Net State Sales Tax Increment by 90% in the State Fiscal Year
201999; 80% in the State Fiscal Year 2000; 70% in the State
21Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
22State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
23in the State Fiscal Year 2005; 20% in the State Fiscal Year
242006; and 10% in the State Fiscal Year 2007. No payment shall
25be made for State Fiscal Year 2008 and thereafter.
26    Municipalities that issued bonds in connection with a

 

 

09900SB2562ham002- 21 -LRB099 17003 AWJ 49204 a

1redevelopment project in a redevelopment project area within
2the State Sales Tax Boundary prior to July 29, 1991, or that
3entered into contracts in connection with a redevelopment
4project in a redevelopment project area before June 1, 1988,
5shall continue to receive their proportional share of the
6Illinois Tax Increment Fund distribution until the date on
7which the redevelopment project is completed or terminated. If,
8however, a municipality that issued bonds in connection with a
9redevelopment project in a redevelopment project area within
10the State Sales Tax Boundary prior to July 29, 1991 retires the
11bonds prior to June 30, 2007 or a municipality that entered
12into contracts in connection with a redevelopment project in a
13redevelopment project area before June 1, 1988 completes the
14contracts prior to June 30, 2007, then so long as the
15redevelopment project is not completed or is not terminated,
16the Net State Sales Tax Increment shall be calculated,
17beginning on the date on which the bonds are retired or the
18contracts are completed, as follows: By multiplying the Net
19State Sales Tax Increment by 60% in the State Fiscal Year 2002;
2050% in the State Fiscal Year 2003; 40% in the State Fiscal Year
212004; 30% in the State Fiscal Year 2005; 20% in the State
22Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
23payment shall be made for State Fiscal Year 2008 and
24thereafter. Refunding of any bonds issued prior to July 29,
251991, shall not alter the Net State Sales Tax Increment.
26    (j) "State Utility Tax Increment Amount" means an amount

 

 

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1equal to the aggregate increase in State electric and gas tax
2charges imposed on owners and tenants, other than residential
3customers, of properties located within the redevelopment
4project area under Section 9-222 of the Public Utilities Act,
5over and above the aggregate of such charges as certified by
6the Department of Revenue and paid by owners and tenants, other
7than residential customers, of properties within the
8redevelopment project area during the base year, which shall be
9the calendar year immediately prior to the year of the adoption
10of the ordinance authorizing tax increment allocation
11financing.
12    (k) "Net State Utility Tax Increment" means the sum of the
13following: (a) 80% of the first $100,000 of State Utility Tax
14Increment annually generated by a redevelopment project area;
15(b) 60% of the amount in excess of $100,000 but not exceeding
16$500,000 of the State Utility Tax Increment annually generated
17by a redevelopment project area; and (c) 40% of all amounts in
18excess of $500,000 of State Utility Tax Increment annually
19generated by a redevelopment project area. For the State Fiscal
20Year 1999, and every year thereafter until the year 2007, for
21any municipality that has not entered into a contract or has
22not issued bonds prior to June 1, 1988 to finance redevelopment
23project costs within a redevelopment project area, the Net
24State Utility Tax Increment shall be calculated as follows: By
25multiplying the Net State Utility Tax Increment by 90% in the
26State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%

 

 

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1in the State Fiscal Year 2001; 60% in the State Fiscal Year
22002; 50% in the State Fiscal Year 2003; 40% in the State
3Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
4State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
5No payment shall be made for the State Fiscal Year 2008 and
6thereafter.
7    Municipalities that issue bonds in connection with the
8redevelopment project during the period from June 1, 1988 until
93 years after the effective date of this Amendatory Act of 1988
10shall receive the Net State Utility Tax Increment, subject to
11appropriation, for 15 State Fiscal Years after the issuance of
12such bonds. For the 16th through the 20th State Fiscal Years
13after issuance of the bonds, the Net State Utility Tax
14Increment shall be calculated as follows: By multiplying the
15Net State Utility Tax Increment by 90% in year 16; 80% in year
1617; 70% in year 18; 60% in year 19; and 50% in year 20.
17Refunding of any bonds issued prior to June 1, 1988, shall not
18alter the revised Net State Utility Tax Increment payments set
19forth above.
20    (l) "Obligations" mean bonds, loans, debentures, notes,
21special certificates or other evidence of indebtedness issued
22by the municipality to carry out a redevelopment project or to
23refund outstanding obligations.
24    (m) "Payment in lieu of taxes" means those estimated tax
25revenues from real property in a redevelopment project area
26derived from real property that has been acquired by a

 

 

09900SB2562ham002- 24 -LRB099 17003 AWJ 49204 a

1municipality which according to the redevelopment project or
2plan is to be used for a private use which taxing districts
3would have received had a municipality not acquired the real
4property and adopted tax increment allocation financing and
5which would result from levies made after the time of the
6adoption of tax increment allocation financing to the time the
7current equalized value of real property in the redevelopment
8project area exceeds the total initial equalized value of real
9property in said area.
10    (n) "Redevelopment plan" means the comprehensive program
11of the municipality for development or redevelopment intended
12by the payment of redevelopment project costs to reduce or
13eliminate those conditions the existence of which qualified the
14redevelopment project area as a "blighted area" or
15"conservation area" or combination thereof or "industrial park
16conservation area," and thereby to enhance the tax bases of the
17taxing districts which extend into the redevelopment project
18area, provided that, with respect to redevelopment project
19areas described in subsections (p-1) and (p-2), "redevelopment
20plan" means the comprehensive program of the affected
21municipality for the development of qualifying transit
22facilities. On and after November 1, 1999 (the effective date
23of Public Act 91-478), no redevelopment plan may be approved or
24amended that includes the development of vacant land (i) with a
25golf course and related clubhouse and other facilities or (ii)
26designated by federal, State, county, or municipal government

 

 

09900SB2562ham002- 25 -LRB099 17003 AWJ 49204 a

1as public land for outdoor recreational activities or for
2nature preserves and used for that purpose within 5 years prior
3to the adoption of the redevelopment plan. For the purpose of
4this subsection, "recreational activities" is limited to mean
5camping and hunting. Each redevelopment plan shall set forth in
6writing the program to be undertaken to accomplish the
7objectives and shall include but not be limited to:
8        (A) an itemized list of estimated redevelopment
9    project costs;
10        (B) evidence indicating that the redevelopment project
11    area on the whole has not been subject to growth and
12    development through investment by private enterprise,
13    provided that such evidence shall not be required for any
14    redevelopment project area located within a transit
15    facility improvement area established pursuant to Section
16    11-74.4-3.3;
17        (C) an assessment of any financial impact of the
18    redevelopment project area on or any increased demand for
19    services from any taxing district affected by the plan and
20    any program to address such financial impact or increased
21    demand;
22        (D) the sources of funds to pay costs;
23        (E) the nature and term of the obligations to be
24    issued;
25        (F) the most recent equalized assessed valuation of the
26    redevelopment project area;

 

 

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1        (G) an estimate as to the equalized assessed valuation
2    after redevelopment and the general land uses to apply in
3    the redevelopment project area;
4        (H) a commitment to fair employment practices and an
5    affirmative action plan;
6        (I) if it concerns an industrial park conservation
7    area, the plan shall also include a general description of
8    any proposed developer, user and tenant of any property, a
9    description of the type, structure and general character of
10    the facilities to be developed, a description of the type,
11    class and number of new employees to be employed in the
12    operation of the facilities to be developed; and
13        (J) if property is to be annexed to the municipality,
14    the plan shall include the terms of the annexation
15    agreement.
16    The provisions of items (B) and (C) of this subsection (n)
17shall not apply to a municipality that before March 14, 1994
18(the effective date of Public Act 88-537) had fixed, either by
19its corporate authorities or by a commission designated under
20subsection (k) of Section 11-74.4-4, a time and place for a
21public hearing as required by subsection (a) of Section
2211-74.4-5. No redevelopment plan shall be adopted unless a
23municipality complies with all of the following requirements:
24        (1) The municipality finds that the redevelopment
25    project area on the whole has not been subject to growth
26    and development through investment by private enterprise

 

 

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1    and would not reasonably be anticipated to be developed
2    without the adoption of the redevelopment plan, provided,
3    however, that such a finding shall not be required with
4    respect to any redevelopment project area located within a
5    transit facility improvement area established pursuant to
6    Section 11-74.4-3.3.
7        (2) The municipality finds that the redevelopment plan
8    and project conform to the comprehensive plan for the
9    development of the municipality as a whole, or, for
10    municipalities with a population of 100,000 or more,
11    regardless of when the redevelopment plan and project was
12    adopted, the redevelopment plan and project either: (i)
13    conforms to the strategic economic development or
14    redevelopment plan issued by the designated planning
15    authority of the municipality, or (ii) includes land uses
16    that have been approved by the planning commission of the
17    municipality.
18        (3) The redevelopment plan establishes the estimated
19    dates of completion of the redevelopment project and
20    retirement of obligations issued to finance redevelopment
21    project costs. Those dates may not be later than the dates
22    set forth under Section 11-74.4-3.5.
23        A municipality may by municipal ordinance amend an
24    existing redevelopment plan to conform to this paragraph
25    (3) as amended by Public Act 91-478, which municipal
26    ordinance may be adopted without further hearing or notice

 

 

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1    and without complying with the procedures provided in this
2    Act pertaining to an amendment to or the initial approval
3    of a redevelopment plan and project and designation of a
4    redevelopment project area.
5        (3.5) The municipality finds, in the case of an
6    industrial park conservation area, also that the
7    municipality is a labor surplus municipality and that the
8    implementation of the redevelopment plan will reduce
9    unemployment, create new jobs and by the provision of new
10    facilities enhance the tax base of the taxing districts
11    that extend into the redevelopment project area.
12        (4) If any incremental revenues are being utilized
13    under Section 8(a)(1) or 8(a)(2) of this Act in
14    redevelopment project areas approved by ordinance after
15    January 1, 1986, the municipality finds: (a) that the
16    redevelopment project area would not reasonably be
17    developed without the use of such incremental revenues, and
18    (b) that such incremental revenues will be exclusively
19    utilized for the development of the redevelopment project
20    area.
21        (5) If: (a) the redevelopment plan will not result in
22    displacement of residents from 10 or more inhabited
23    residential units, and the municipality certifies in the
24    plan that such displacement will not result from the plan;
25    or (b) the redevelopment plan is for a redevelopment
26    project area located within a transit facility improvement

 

 

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

 

 

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1    inhabited residential units in the proposed redevelopment
2    project area that are to be or may be removed. If inhabited
3    residential units are to be removed, then the housing
4    impact study shall identify (i) the number and location of
5    those units that will or may be removed, (ii) the
6    municipality's plans for relocation assistance for those
7    residents in the proposed redevelopment project area whose
8    residences are to be removed, (iii) the availability of
9    replacement housing for those residents whose residences
10    are to be removed, and shall identify the type, location,
11    and cost of the housing, and (iv) the type and extent of
12    relocation assistance to be provided.
13        (6) On and after November 1, 1999, the housing impact
14    study required by paragraph (5) shall be incorporated in
15    the redevelopment plan for the redevelopment project area.
16        (7) On and after November 1, 1999, no redevelopment
17    plan shall be adopted, nor an existing plan amended, nor
18    shall residential housing that is occupied by households of
19    low-income and very low-income persons in currently
20    existing redevelopment project areas be removed after
21    November 1, 1999 unless the redevelopment plan provides,
22    with respect to inhabited housing units that are to be
23    removed for households of low-income and very low-income
24    persons, affordable housing and relocation assistance not
25    less than that which would be provided under the federal
26    Uniform Relocation Assistance and Real Property

 

 

09900SB2562ham002- 31 -LRB099 17003 AWJ 49204 a

1    Acquisition Policies Act of 1970 and the regulations under
2    that Act, including the eligibility criteria. Affordable
3    housing may be either existing or newly constructed
4    housing. For purposes of this paragraph (7), "low-income
5    households", "very low-income households", and "affordable
6    housing" have the meanings set forth in the Illinois
7    Affordable Housing Act. The municipality shall make a good
8    faith effort to ensure that this affordable housing is
9    located in or near the redevelopment project area within
10    the municipality.
11        (8) On and after November 1, 1999, if, after the
12    adoption of the redevelopment plan for the redevelopment
13    project area, any municipality desires to amend its
14    redevelopment plan to remove more inhabited residential
15    units than specified in its original redevelopment plan,
16    that change shall be made in accordance with the procedures
17    in subsection (c) of Section 11-74.4-5.
18        (9) For redevelopment project areas designated prior
19    to November 1, 1999, the redevelopment plan may be amended
20    without further joint review board meeting or hearing,
21    provided that the municipality shall give notice of any
22    such changes by mail to each affected taxing district and
23    registrant on the interested party registry, to authorize
24    the municipality to expend tax increment revenues for
25    redevelopment project costs defined by paragraphs (5) and
26    (7.5), subparagraphs (E) and (F) of paragraph (11), and

 

 

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1    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
2    long as the changes do not increase the total estimated
3    redevelopment project costs set out in the redevelopment
4    plan by more than 5% after adjustment for inflation from
5    the date the plan was adopted.
6    (o) "Redevelopment project" means any public and private
7development project in furtherance of the objectives of a
8redevelopment plan. On and after November 1, 1999 (the
9effective date of Public Act 91-478), no redevelopment plan may
10be approved or amended that includes the development of vacant
11land (i) with a golf course and related clubhouse and other
12facilities or (ii) designated by federal, State, county, or
13municipal government as public land for outdoor recreational
14activities or for nature preserves and used for that purpose
15within 5 years prior to the adoption of the redevelopment plan.
16For the purpose of this subsection, "recreational activities"
17is limited to mean camping and hunting.
18    (p) "Redevelopment project area" means an area designated
19by the municipality, which is not less in the aggregate than 1
201/2 acres and in respect to which the municipality has made a
21finding that there exist conditions which cause the area to be
22classified as an industrial park conservation area or a
23blighted area or a conservation area, or a combination of both
24blighted areas and conservation areas.
25    (p-1) Notwithstanding any provision of this Act to the
26contrary, on and after August 25, 2009 (the effective date of

 

 

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1Public Act 96-680), a redevelopment project area may include
2areas within a one-half mile radius of an existing or proposed
3Regional Transportation Authority Suburban Transit Access
4Route (STAR Line) station without a finding that the area is
5classified as an industrial park conservation area, a blighted
6area, a conservation area, or a combination thereof, but only
7if the municipality receives unanimous consent from the joint
8review board created to review the proposed redevelopment
9project area.
10    (p-2) Notwithstanding any provision of this Act to the
11contrary, on and after the effective date of this amendatory
12Act of the 99th General Assembly, a redevelopment project area
13may include areas within a transit facility improvement area
14that has been established pursuant to Section 11-74.4-3.3
15without a finding that the area is classified as an industrial
16park conservation area, a blighted area, a conservation area,
17or any combination thereof.
18    (q) "Redevelopment project costs", except for
19redevelopment project areas created pursuant to subsections
20subsection (p-1) or (p-2), means and includes the sum total of
21all reasonable or necessary costs incurred or estimated to be
22incurred, and any such costs incidental to a redevelopment plan
23and a redevelopment project. Such costs include, without
24limitation, the following:
25        (1) Costs of studies, surveys, development of plans,
26    and specifications, implementation and administration of

 

 

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1    the redevelopment plan including but not limited to staff
2    and professional service costs for architectural,
3    engineering, legal, financial, planning or other services,
4    provided however that no charges for professional services
5    may be based on a percentage of the tax increment
6    collected; except that on and after November 1, 1999 (the
7    effective date of Public Act 91-478), no contracts for
8    professional services, excluding architectural and
9    engineering services, may be entered into if the terms of
10    the contract extend beyond a period of 3 years. In
11    addition, "redevelopment project costs" shall not include
12    lobbying expenses. After consultation with the
13    municipality, each tax increment consultant or advisor to a
14    municipality that plans to designate or has designated a
15    redevelopment project area shall inform the municipality
16    in writing of any contracts that the consultant or advisor
17    has entered into with entities or individuals that have
18    received, or are receiving, payments financed by tax
19    increment revenues produced by the redevelopment project
20    area with respect to which the consultant or advisor has
21    performed, or will be performing, service for the
22    municipality. This requirement shall be satisfied by the
23    consultant or advisor before the commencement of services
24    for the municipality and thereafter whenever any other
25    contracts with those individuals or entities are executed
26    by the consultant or advisor;

 

 

09900SB2562ham002- 35 -LRB099 17003 AWJ 49204 a

1        (1.5) After July 1, 1999, annual administrative costs
2    shall not include general overhead or administrative costs
3    of the municipality that would still have been incurred by
4    the municipality if the municipality had not designated a
5    redevelopment project area or approved a redevelopment
6    plan;
7        (1.6) The cost of marketing sites within the
8    redevelopment project area to prospective businesses,
9    developers, and investors;
10        (2) Property assembly costs, including but not limited
11    to acquisition of land and other property, real or
12    personal, or rights or interests therein, demolition of
13    buildings, site preparation, site improvements that serve
14    as an engineered barrier addressing ground level or below
15    ground environmental contamination, including, but not
16    limited to parking lots and other concrete or asphalt
17    barriers, and the clearing and grading of land;
18        (3) Costs of rehabilitation, reconstruction or repair
19    or remodeling of existing public or private buildings,
20    fixtures, and leasehold improvements; and the cost of
21    replacing an existing public building if pursuant to the
22    implementation of a redevelopment project the existing
23    public building is to be demolished to use the site for
24    private investment or devoted to a different use requiring
25    private investment; including any direct or indirect costs
26    relating to Green Globes or LEED certified construction

 

 

09900SB2562ham002- 36 -LRB099 17003 AWJ 49204 a

1    elements or construction elements with an equivalent
2    certification;
3        (4) Costs of the construction of public works or
4    improvements, including any direct or indirect costs
5    relating to Green Globes or LEED certified construction
6    elements or construction elements with an equivalent
7    certification, except that on and after November 1, 1999,
8    redevelopment project costs shall not include the cost of
9    constructing a new municipal public building principally
10    used to provide offices, storage space, or conference
11    facilities or vehicle storage, maintenance, or repair for
12    administrative, public safety, or public works personnel
13    and that is not intended to replace an existing public
14    building as provided under paragraph (3) of subsection (q)
15    of Section 11-74.4-3 unless either (i) the construction of
16    the new municipal building implements a redevelopment
17    project that was included in a redevelopment plan that was
18    adopted by the municipality prior to November 1, 1999, or
19    (ii) the municipality makes a reasonable determination in
20    the redevelopment plan, supported by information that
21    provides the basis for that determination, that the new
22    municipal building is required to meet an increase in the
23    need for public safety purposes anticipated to result from
24    the implementation of the redevelopment plan, or (iii) the
25    new municipal public building is for the storage,
26    maintenance, or repair of transit vehicles and is located

 

 

09900SB2562ham002- 37 -LRB099 17003 AWJ 49204 a

1    in a transit facility improvement area that has been
2    established pursuant to Section 11-74.4-3.3;
3        (5) Costs of job training and retraining projects,
4    including the cost of "welfare to work" programs
5    implemented by businesses located within the redevelopment
6    project area;
7        (6) Financing costs, including but not limited to all
8    necessary and incidental expenses related to the issuance
9    of obligations and which may include payment of interest on
10    any obligations issued hereunder including interest
11    accruing during the estimated period of construction of any
12    redevelopment project for which such obligations are
13    issued and for not exceeding 36 months thereafter and
14    including reasonable reserves related thereto;
15        (7) To the extent the municipality by written agreement
16    accepts and approves the same, all or a portion of a taxing
17    district's capital costs resulting from the redevelopment
18    project necessarily incurred or to be incurred within a
19    taxing district in furtherance of the objectives of the
20    redevelopment plan and project.
21        (7.5) For redevelopment project areas designated (or
22    redevelopment project areas amended to add or increase the
23    number of tax-increment-financing assisted housing units)
24    on or after November 1, 1999, an elementary, secondary, or
25    unit school district's increased costs attributable to
26    assisted housing units located within the redevelopment

 

 

09900SB2562ham002- 38 -LRB099 17003 AWJ 49204 a

1    project area for which the developer or redeveloper
2    receives financial assistance through an agreement with
3    the municipality or because the municipality incurs the
4    cost of necessary infrastructure improvements within the
5    boundaries of the assisted housing sites necessary for the
6    completion of that housing as authorized by this Act, and
7    which costs shall be paid by the municipality from the
8    Special Tax Allocation Fund when the tax increment revenue
9    is received as a result of the assisted housing units and
10    shall be calculated annually as follows:
11            (A) for foundation districts, excluding any school
12        district in a municipality with a population in excess
13        of 1,000,000, by multiplying the district's increase
14        in attendance resulting from the net increase in new
15        students enrolled in that school district who reside in
16        housing units within the redevelopment project area
17        that have received financial assistance through an
18        agreement with the municipality or because the
19        municipality incurs the cost of necessary
20        infrastructure improvements within the boundaries of
21        the housing sites necessary for the completion of that
22        housing as authorized by this Act since the designation
23        of the redevelopment project area by the most recently
24        available per capita tuition cost as defined in Section
25        10-20.12a of the School Code less any increase in
26        general State aid as defined in Section 18-8.05 of the

 

 

09900SB2562ham002- 39 -LRB099 17003 AWJ 49204 a

1        School Code attributable to these added new students
2        subject to the following annual limitations:
3                (i) for unit school districts with a district
4            average 1995-96 Per Capita Tuition Charge of less
5            than $5,900, no more than 25% of the total amount
6            of property tax increment revenue produced by
7            those housing units that have received tax
8            increment finance assistance under this Act;
9                (ii) for elementary school districts with a
10            district average 1995-96 Per Capita Tuition Charge
11            of less than $5,900, no more than 17% of the total
12            amount of property tax increment revenue produced
13            by those housing units that have received tax
14            increment finance assistance under this Act; and
15                (iii) for secondary school districts with a
16            district average 1995-96 Per Capita Tuition Charge
17            of less than $5,900, no more than 8% of the total
18            amount of property tax increment revenue produced
19            by those housing units that have received tax
20            increment finance assistance under this Act.
21            (B) For alternate method districts, flat grant
22        districts, and foundation districts with a district
23        average 1995-96 Per Capita Tuition Charge equal to or
24        more than $5,900, excluding any school district with a
25        population in excess of 1,000,000, by multiplying the
26        district's increase in attendance resulting from the

 

 

09900SB2562ham002- 40 -LRB099 17003 AWJ 49204 a

1        net increase in new students enrolled in that school
2        district who reside in housing units within the
3        redevelopment project area that have received
4        financial assistance through an agreement with the
5        municipality or because the municipality incurs the
6        cost of necessary infrastructure improvements within
7        the boundaries of the housing sites necessary for the
8        completion of that housing as authorized by this Act
9        since the designation of the redevelopment project
10        area by the most recently available per capita tuition
11        cost as defined in Section 10-20.12a of the School Code
12        less any increase in general state aid as defined in
13        Section 18-8.05 of the School Code attributable to
14        these added new students subject to the following
15        annual limitations:
16                (i) for unit school districts, no more than 40%
17            of the total amount of property tax increment
18            revenue produced by those housing units that have
19            received tax increment finance assistance under
20            this Act;
21                (ii) for elementary school districts, no more
22            than 27% of the total amount of property tax
23            increment revenue produced by those housing units
24            that have received tax increment finance
25            assistance under this Act; and
26                (iii) for secondary school districts, no more

 

 

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1            than 13% of the total amount of property tax
2            increment revenue produced by those housing units
3            that have received tax increment finance
4            assistance under this Act.
5            (C) For any school district in a municipality with
6        a population in excess of 1,000,000, the following
7        restrictions shall apply to the reimbursement of
8        increased costs under this paragraph (7.5):
9                (i) no increased costs shall be reimbursed
10            unless the school district certifies that each of
11            the schools affected by the assisted housing
12            project is at or over its student capacity;
13                (ii) the amount reimbursable shall be reduced
14            by the value of any land donated to the school
15            district by the municipality or developer, and by
16            the value of any physical improvements made to the
17            schools by the municipality or developer; and
18                (iii) the amount reimbursed may not affect
19            amounts otherwise obligated by the terms of any
20            bonds, notes, or other funding instruments, or the
21            terms of any redevelopment agreement.
22        Any school district seeking payment under this
23        paragraph (7.5) shall, after July 1 and before
24        September 30 of each year, provide the municipality
25        with reasonable evidence to support its claim for
26        reimbursement before the municipality shall be

 

 

09900SB2562ham002- 42 -LRB099 17003 AWJ 49204 a

1        required to approve or make the payment to the school
2        district. If the school district fails to provide the
3        information during this period in any year, it shall
4        forfeit any claim to reimbursement for that year.
5        School districts may adopt a resolution waiving the
6        right to all or a portion of the reimbursement
7        otherwise required by this paragraph (7.5). By
8        acceptance of this reimbursement the school district
9        waives the right to directly or indirectly set aside,
10        modify, or contest in any manner the establishment of
11        the redevelopment project area or projects;
12        (7.7) For redevelopment project areas designated (or
13    redevelopment project areas amended to add or increase the
14    number of tax-increment-financing assisted housing units)
15    on or after January 1, 2005 (the effective date of Public
16    Act 93-961), a public library district's increased costs
17    attributable to assisted housing units located within the
18    redevelopment project area for which the developer or
19    redeveloper receives financial assistance through an
20    agreement with the municipality or because the
21    municipality incurs the cost of necessary infrastructure
22    improvements within the boundaries of the assisted housing
23    sites necessary for the completion of that housing as
24    authorized by this Act shall be paid to the library
25    district by the municipality from the Special Tax
26    Allocation Fund when the tax increment revenue is received

 

 

09900SB2562ham002- 43 -LRB099 17003 AWJ 49204 a

1    as a result of the assisted housing units. This paragraph
2    (7.7) applies only if (i) the library district is located
3    in a county that is subject to the Property Tax Extension
4    Limitation Law or (ii) the library district is not located
5    in a county that is subject to the Property Tax Extension
6    Limitation Law but the district is prohibited by any other
7    law from increasing its tax levy rate without a prior voter
8    referendum.
9        The amount paid to a library district under this
10    paragraph (7.7) shall be calculated by multiplying (i) the
11    net increase in the number of persons eligible to obtain a
12    library card in that district who reside in housing units
13    within the redevelopment project area that have received
14    financial assistance through an agreement with the
15    municipality or because the municipality incurs the cost of
16    necessary infrastructure improvements within the
17    boundaries of the housing sites necessary for the
18    completion of that housing as authorized by this Act since
19    the designation of the redevelopment project area by (ii)
20    the per-patron cost of providing library services so long
21    as it does not exceed $120. The per-patron cost shall be
22    the Total Operating Expenditures Per Capita for the library
23    in the previous fiscal year. The municipality may deduct
24    from the amount that it must pay to a library district
25    under this paragraph any amount that it has voluntarily
26    paid to the library district from the tax increment

 

 

09900SB2562ham002- 44 -LRB099 17003 AWJ 49204 a

1    revenue. The amount paid to a library district under this
2    paragraph (7.7) shall be no more than 2% of the amount
3    produced by the assisted housing units and deposited into
4    the Special Tax Allocation Fund.
5        A library district is not eligible for any payment
6    under this paragraph (7.7) unless the library district has
7    experienced an increase in the number of patrons from the
8    municipality that created the tax-increment-financing
9    district since the designation of the redevelopment
10    project area.
11        Any library district seeking payment under this
12    paragraph (7.7) shall, after July 1 and before September 30
13    of each year, provide the municipality with convincing
14    evidence to support its claim for reimbursement before the
15    municipality shall be required to approve or make the
16    payment to the library district. If the library district
17    fails to provide the information during this period in any
18    year, it shall forfeit any claim to reimbursement for that
19    year. Library districts may adopt a resolution waiving the
20    right to all or a portion of the reimbursement otherwise
21    required by this paragraph (7.7). By acceptance of such
22    reimbursement, the library district shall forfeit any
23    right to directly or indirectly set aside, modify, or
24    contest in any manner whatsoever the establishment of the
25    redevelopment project area or projects;
26        (8) Relocation costs to the extent that a municipality

 

 

09900SB2562ham002- 45 -LRB099 17003 AWJ 49204 a

1    determines that relocation costs shall be paid or is
2    required to make payment of relocation costs by federal or
3    State law or in order to satisfy subparagraph (7) of
4    subsection (n);
5        (9) Payment in lieu of taxes;
6        (10) Costs of job training, retraining, advanced
7    vocational education or career education, including but
8    not limited to courses in occupational, semi-technical or
9    technical fields leading directly to employment, incurred
10    by one or more taxing districts, provided that such costs
11    (i) are related to the establishment and maintenance of
12    additional job training, advanced vocational education or
13    career education programs for persons employed or to be
14    employed by employers located in a redevelopment project
15    area; and (ii) when incurred by a taxing district or taxing
16    districts other than the municipality, are set forth in a
17    written agreement by or among the municipality and the
18    taxing district or taxing districts, which agreement
19    describes the program to be undertaken, including but not
20    limited to the number of employees to be trained, a
21    description of the training and services to be provided,
22    the number and type of positions available or to be
23    available, itemized costs of the program and sources of
24    funds to pay for the same, and the term of the agreement.
25    Such costs include, specifically, the payment by community
26    college districts of costs pursuant to Sections 3-37, 3-38,

 

 

09900SB2562ham002- 46 -LRB099 17003 AWJ 49204 a

1    3-40 and 3-40.1 of the Public Community College Act and by
2    school districts of costs pursuant to Sections 10-22.20a
3    and 10-23.3a of The School Code;
4        (11) Interest cost incurred by a redeveloper related to
5    the construction, renovation or rehabilitation of a
6    redevelopment project provided that:
7            (A) such costs are to be paid directly from the
8        special tax allocation fund established pursuant to
9        this Act;
10            (B) such payments in any one year may not exceed
11        30% of the annual interest costs incurred by the
12        redeveloper with regard to the redevelopment project
13        during that year;
14            (C) if there are not sufficient funds available in
15        the special tax allocation fund to make the payment
16        pursuant to this paragraph (11) then the amounts so due
17        shall accrue and be payable when sufficient funds are
18        available in the special tax allocation fund;
19            (D) the total of such interest payments paid
20        pursuant to this Act may not exceed 30% of the total
21        (i) cost paid or incurred by the redeveloper for the
22        redevelopment project plus (ii) redevelopment project
23        costs excluding any property assembly costs and any
24        relocation costs incurred by a municipality pursuant
25        to this Act; and
26            (E) the cost limits set forth in subparagraphs (B)

 

 

09900SB2562ham002- 47 -LRB099 17003 AWJ 49204 a

1        and (D) of paragraph (11) shall be modified for the
2        financing of rehabilitated or new housing units for
3        low-income households and very low-income households,
4        as defined in Section 3 of the Illinois Affordable
5        Housing Act. The percentage of 75% shall be substituted
6        for 30% in subparagraphs (B) and (D) of paragraph (11).
7            (F) Instead of the eligible costs provided by
8        subparagraphs (B) and (D) of paragraph (11), as
9        modified by this subparagraph, and notwithstanding any
10        other provisions of this Act to the contrary, the
11        municipality may pay from tax increment revenues up to
12        50% of the cost of construction of new housing units to
13        be occupied by low-income households and very
14        low-income households as defined in Section 3 of the
15        Illinois Affordable Housing Act. The cost of
16        construction of those units may be derived from the
17        proceeds of bonds issued by the municipality under this
18        Act or other constitutional or statutory authority or
19        from other sources of municipal revenue that may be
20        reimbursed from tax increment revenues or the proceeds
21        of bonds issued to finance the construction of that
22        housing.
23            The eligible costs provided under this
24        subparagraph (F) of paragraph (11) shall be an eligible
25        cost for the construction, renovation, and
26        rehabilitation of all low and very low-income housing

 

 

09900SB2562ham002- 48 -LRB099 17003 AWJ 49204 a

1        units, as defined in Section 3 of the Illinois
2        Affordable Housing Act, within the redevelopment
3        project area. If the low and very low-income units are
4        part of a residential redevelopment project that
5        includes units not affordable to low and very
6        low-income households, only the low and very
7        low-income units shall be eligible for benefits under
8        subparagraph (F) of paragraph (11). The standards for
9        maintaining the occupancy by low-income households and
10        very low-income households, as defined in Section 3 of
11        the Illinois Affordable Housing Act, of those units
12        constructed with eligible costs made available under
13        the provisions of this subparagraph (F) of paragraph
14        (11) shall be established by guidelines adopted by the
15        municipality. The responsibility for annually
16        documenting the initial occupancy of the units by
17        low-income households and very low-income households,
18        as defined in Section 3 of the Illinois Affordable
19        Housing Act, shall be that of the then current owner of
20        the property. For ownership units, the guidelines will
21        provide, at a minimum, for a reasonable recapture of
22        funds, or other appropriate methods designed to
23        preserve the original affordability of the ownership
24        units. For rental units, the guidelines will provide,
25        at a minimum, for the affordability of rent to low and
26        very low-income households. As units become available,

 

 

09900SB2562ham002- 49 -LRB099 17003 AWJ 49204 a

1        they shall be rented to income-eligible tenants. The
2        municipality may modify these guidelines from time to
3        time; the guidelines, however, shall be in effect for
4        as long as tax increment revenue is being used to pay
5        for costs associated with the units or for the
6        retirement of bonds issued to finance the units or for
7        the life of the redevelopment project area, whichever
8        is later.
9        (11.5) If the redevelopment project area is located
10    within a municipality with a population of more than
11    100,000, the cost of day care services for children of
12    employees from low-income families working for businesses
13    located within the redevelopment project area and all or a
14    portion of the cost of operation of day care centers
15    established by redevelopment project area businesses to
16    serve employees from low-income families working in
17    businesses located in the redevelopment project area. For
18    the purposes of this paragraph, "low-income families"
19    means families whose annual income does not exceed 80% of
20    the municipal, county, or regional median income, adjusted
21    for family size, as the annual income and municipal,
22    county, or regional median income are determined from time
23    to time by the United States Department of Housing and
24    Urban Development.
25        (12) Unless explicitly stated herein the cost of
26    construction of new privately-owned buildings shall not be

 

 

09900SB2562ham002- 50 -LRB099 17003 AWJ 49204 a

1    an eligible redevelopment project cost.
2        (13) After November 1, 1999 (the effective date of
3    Public Act 91-478), none of the redevelopment project costs
4    enumerated in this subsection shall be eligible
5    redevelopment project costs if those costs would provide
6    direct financial support to a retail entity initiating
7    operations in the redevelopment project area while
8    terminating operations at another Illinois location within
9    10 miles of the redevelopment project area but outside the
10    boundaries of the redevelopment project area municipality.
11    For purposes of this paragraph, termination means a closing
12    of a retail operation that is directly related to the
13    opening of the same operation or like retail entity owned
14    or operated by more than 50% of the original ownership in a
15    redevelopment project area, but it does not mean closing an
16    operation for reasons beyond the control of the retail
17    entity, as documented by the retail entity, subject to a
18    reasonable finding by the municipality that the current
19    location contained inadequate space, had become
20    economically obsolete, or was no longer a viable location
21    for the retailer or serviceman.
22        (14) No cost shall be a redevelopment project cost in a
23    redevelopment project area if used to demolish, remove, or
24    substantially modify a historic resource, after August 26,
25    2008 (the effective date of Public Act 95-934), unless no
26    prudent and feasible alternative exists. "Historic

 

 

09900SB2562ham002- 51 -LRB099 17003 AWJ 49204 a

1    resource" for the purpose of this item (14) means (i) a
2    place or structure that is included or eligible for
3    inclusion on the National Register of Historic Places or
4    (ii) a contributing structure in a district on the National
5    Register of Historic Places. This item (14) does not apply
6    to a place or structure for which demolition, removal, or
7    modification is subject to review by the preservation
8    agency of a Certified Local Government designated as such
9    by the National Park Service of the United States
10    Department of the Interior.
11    If a special service area has been established pursuant to
12the Special Service Area Tax Act or Special Service Area Tax
13Law, then any tax increment revenues derived from the tax
14imposed pursuant to the Special Service Area Tax Act or Special
15Service Area Tax Law may be used within the redevelopment
16project area for the purposes permitted by that Act or Law as
17well as the purposes permitted by this Act.
18    (q-1) For redevelopment project areas created pursuant to
19subsection (p-1), redevelopment project costs are limited to
20those costs in paragraph (q) that are related to the existing
21or proposed Regional Transportation Authority Suburban Transit
22Access Route (STAR Line) station.
23    (q-2) For a redevelopment project area located within a
24transit facility improvement area established pursuant to
25Section 11-74.4-3.3, redevelopment project costs means those
26costs described in subsection (q) that are related to the

 

 

09900SB2562ham002- 52 -LRB099 17003 AWJ 49204 a

1construction, reconstruction, rehabilitation, remodeling, or
2repair of any existing or proposed transit facility.
3    (r) "State Sales Tax Boundary" means the redevelopment
4project area or the amended redevelopment project area
5boundaries which are determined pursuant to subsection (9) of
6Section 11-74.4-8a of this Act. The Department of Revenue shall
7certify pursuant to subsection (9) of Section 11-74.4-8a the
8appropriate boundaries eligible for the determination of State
9Sales Tax Increment.
10    (s) "State Sales Tax Increment" means an amount equal to
11the increase in the aggregate amount of taxes paid by retailers
12and servicemen, other than retailers and servicemen subject to
13the Public Utilities Act, on transactions at places of business
14located within a State Sales Tax Boundary pursuant to the
15Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
16Tax Act, and the Service Occupation Tax Act, except such
17portion of such increase that is paid into the State and Local
18Sales Tax Reform Fund, the Local Government Distributive Fund,
19the Local Government Tax Fund and the County and Mass Transit
20District Fund, for as long as State participation exists, over
21and above the Initial Sales Tax Amounts, Adjusted Initial Sales
22Tax Amounts or the Revised Initial Sales Tax Amounts for such
23taxes as certified by the Department of Revenue and paid under
24those Acts by retailers and servicemen on transactions at
25places of business located within the State Sales Tax Boundary
26during the base year which shall be the calendar year

 

 

09900SB2562ham002- 53 -LRB099 17003 AWJ 49204 a

1immediately prior to the year in which the municipality adopted
2tax increment allocation financing, less 3.0% of such amounts
3generated under the Retailers' Occupation Tax Act, Use Tax Act
4and Service Use Tax Act and the Service Occupation Tax Act,
5which sum shall be appropriated to the Department of Revenue to
6cover its costs of administering and enforcing this Section.
7For purposes of computing the aggregate amount of such taxes
8for base years occurring prior to 1985, the Department of
9Revenue shall compute the Initial Sales Tax Amount for such
10taxes and deduct therefrom an amount equal to 4% of the
11aggregate amount of taxes per year for each year the base year
12is prior to 1985, but not to exceed a total deduction of 12%.
13The amount so determined shall be known as the "Adjusted
14Initial Sales Tax Amount". For purposes of determining the
15State Sales Tax Increment the Department of Revenue shall for
16each period subtract from the tax amounts received from
17retailers and servicemen on transactions located in the State
18Sales Tax Boundary, the certified Initial Sales Tax Amounts,
19Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
20Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
21the Service Use Tax Act and the Service Occupation Tax Act. For
22the State Fiscal Year 1989 this calculation shall be made by
23utilizing the calendar year 1987 to determine the tax amounts
24received. For the State Fiscal Year 1990, this calculation
25shall be made by utilizing the period from January 1, 1988,
26until September 30, 1988, to determine the tax amounts received

 

 

09900SB2562ham002- 54 -LRB099 17003 AWJ 49204 a

1from retailers and servicemen, which shall have deducted
2therefrom nine-twelfths of the certified Initial Sales Tax
3Amounts, Adjusted Initial Sales Tax Amounts or the Revised
4Initial Sales Tax Amounts as appropriate. For the State Fiscal
5Year 1991, this calculation shall be made by utilizing the
6period from October 1, 1988, until June 30, 1989, to determine
7the tax amounts received from retailers and servicemen, which
8shall have deducted therefrom nine-twelfths of the certified
9Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
10Amounts or the Revised Initial Sales Tax Amounts as
11appropriate. For every State Fiscal Year thereafter, the
12applicable period shall be the 12 months beginning July 1 and
13ending on June 30, to determine the tax amounts received which
14shall have deducted therefrom the certified Initial Sales Tax
15Amounts, Adjusted Initial Sales Tax Amounts or the Revised
16Initial Sales Tax Amounts. Municipalities intending to receive
17a distribution of State Sales Tax Increment must report a list
18of retailers to the Department of Revenue by October 31, 1988
19and by July 31, of each year thereafter.
20    (t) "Taxing districts" means counties, townships, cities
21and incorporated towns and villages, school, road, park,
22sanitary, mosquito abatement, forest preserve, public health,
23fire protection, river conservancy, tuberculosis sanitarium
24and any other municipal corporations or districts with the
25power to levy taxes.
26    (u) "Taxing districts' capital costs" means those costs of

 

 

09900SB2562ham002- 55 -LRB099 17003 AWJ 49204 a

1taxing districts for capital improvements that are found by the
2municipal corporate authorities to be necessary and directly
3result from the redevelopment project.
4    (v) As used in subsection (a) of Section 11-74.4-3 of this
5Act, "vacant land" means any parcel or combination of parcels
6of real property without industrial, commercial, and
7residential buildings which has not been used for commercial
8agricultural purposes within 5 years prior to the designation
9of the redevelopment project area, unless the parcel is
10included in an industrial park conservation area or the parcel
11has been subdivided; provided that if the parcel was part of a
12larger tract that has been divided into 3 or more smaller
13tracts that were accepted for recording during the period from
141950 to 1990, then the parcel shall be deemed to have been
15subdivided, and all proceedings and actions of the municipality
16taken in that connection with respect to any previously
17approved or designated redevelopment project area or amended
18redevelopment project area are hereby validated and hereby
19declared to be legally sufficient for all purposes of this Act.
20For purposes of this Section and only for land subject to the
21subdivision requirements of the Plat Act, land is subdivided
22when the original plat of the proposed Redevelopment Project
23Area or relevant portion thereof has been properly certified,
24acknowledged, approved, and recorded or filed in accordance
25with the Plat Act and a preliminary plat, if any, for any
26subsequent phases of the proposed Redevelopment Project Area or

 

 

09900SB2562ham002- 56 -LRB099 17003 AWJ 49204 a

1relevant portion thereof has been properly approved and filed
2in accordance with the applicable ordinance of the
3municipality.
4    (w) "Annual Total Increment" means the sum of each
5municipality's annual Net Sales Tax Increment and each
6municipality's annual Net Utility Tax Increment. The ratio of
7the Annual Total Increment of each municipality to the Annual
8Total Increment for all municipalities, as most recently
9calculated by the Department, shall determine the proportional
10shares of the Illinois Tax Increment Fund to be distributed to
11each municipality.
12    (x) "LEED certified" means any certification level of
13construction elements by a qualified Leadership in Energy and
14Environmental Design Accredited Professional as determined by
15the U.S. Green Building Council.
16    (y) "Green Globes certified" means any certification level
17of construction elements by a qualified Green Globes
18Professional as determined by the Green Building Initiative.
19(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;
2096-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.
211-1-12.)
 
22    (65 ILCS 5/11-74.4-3.3 new)
23    Sec. 11-74.4-3.3. Redevelopment project area within a
24transit facility improvement area.
25    (a) As used in this Section:

 

 

09900SB2562ham002- 57 -LRB099 17003 AWJ 49204 a

1    "Redevelopment project area" means the area identified in:
2the Chicago Union Station Master Plan; the Chicago Transit
3Authority's Red and Purple Modernization Program; the Chicago
4Transit Authority's Red Line Extension Program; and the Chicago
5Transit Authority's Blue Line Modernization and Extension
6Program, each as may be amended from time to time after the
7effective date of this amendatory Act of the 99th General
8Assembly.
9    "Transit" means any one or more of the following
10transportation services provided to passengers: inter-city
11passenger rail service; commuter rail service; and urban mass
12transit rail service, whether elevated, underground, or
13running at grade, and whether provided through rolling stock
14generally referred to as heavy rail or light rail.
15    "Transit facility" means an existing or proposed transit
16passenger station, an existing or proposed transit
17maintenance, storage or service facility, or an existing or
18proposed right of way for use in providing transit services.
19    "Transit facility improvement area" means an area whose
20boundaries are no more than one-half mile in any direction from
21the location of a transit passenger station, or the existing or
22proposed right of way of transit facility, as applicable;
23provided that the length of any existing or proposed right of
24way or a transit passenger station included in any transit
25facility improvement area shall not exceed: 9 miles for the
26Chicago Transit Authority's Blue Line Modernization and

 

 

09900SB2562ham002- 58 -LRB099 17003 AWJ 49204 a

1Extension Program; 17 miles for the Chicago Transit Authority's
2Red and Purple Modernization Program (running from Madison
3Street North to Linden Avenue); and 20 miles for the Chicago
4Transit Authority's Red Line Extension Program (running from
5Madison Street South to 130th Street).
6    (b) Notwithstanding any other provision of law to the
7contrary, if the corporate authorities of a municipality
8designate an area within the territorial limits of the
9municipality as a transit facility improvement area, then that
10municipality may establish one or more redevelopment project
11areas within that transit facility improvement area for the
12purpose of developing new transit facilities, expanding or
13rehabilitating existing transit facilities, or both. With
14respect to a transit facility whose right of way is located in
15more than one municipality, each municipality may designate an
16area within its territorial limits as a transit facility
17improvement area and may establish a redevelopment project area
18for each of the qualifying projects identified in subsection
19(a) of this Section.
 
20    (65 ILCS 5/11-74.4-3.5)
21    Sec. 11-74.4-3.5. Completion dates for redevelopment
22projects.
23    (a) Unless otherwise stated in this Section, the estimated
24dates of completion of the redevelopment project and retirement
25of obligations issued to finance redevelopment project costs

 

 

09900SB2562ham002- 59 -LRB099 17003 AWJ 49204 a

1(including refunding bonds under Section 11-74.4-7) may not be
2later than December 31 of the year in which the payment to the
3municipal treasurer, as provided in subsection (b) of Section
411-74.4-8 of this Act, is to be made with respect to ad valorem
5taxes levied in the 23rd calendar year after the year in which
6the ordinance approving the redevelopment project area was
7adopted if the ordinance was adopted on or after January 15,
81981.
9    (a-5) If the redevelopment project area is located within a
10transit facility improvement area established pursuant to
11Section 11-74.4-3, the estimated dates of completion of the
12redevelopment project and retirement of obligations issued to
13finance redevelopment project costs (including refunding bonds
14under Section 11-74.4-7) may not be later than December 31 of
15the year in which the payment to the municipal treasurer, as
16provided in subsection (b) of Section 11-74.4-8 of this
17amendatory Act of the 99th General Assembly, is to be made with
18respect to ad valorem taxes levied in the 35th calendar year
19after the year in which the ordinance approving the
20redevelopment project area was adopted.
21    (a-7) A municipality may adopt tax increment financing for
22a redevelopment project area located in a transit facility
23improvement area that also includes real property located
24within an existing redevelopment project area established
25prior to the effective date of this amendatory Act of 99th
26General Assembly. In such case: (i) the provisions of this

 

 

09900SB2562ham002- 60 -LRB099 17003 AWJ 49204 a

1Division shall apply with respect to the previously established
2redevelopment project area until the municipality adopts, as
3required in accordance with applicable provisions of this
4Division, an ordinance dissolving the special tax allocation
5fund for such redevelopment project area and terminating the
6designation of such redevelopment project area as a
7redevelopment project area; and (ii) after the effective date
8of the ordinance described in (i), the provisions of this
9Division shall apply with respect to the subsequently
10established redevelopment project area located in a transit
11facility improvement area.
12    (b) The estimated dates of completion of the redevelopment
13project and retirement of obligations issued to finance
14redevelopment project costs (including refunding bonds under
15Section 11-74.4-7) may not be later than December 31 of the
16year in which the payment to the municipal treasurer as
17provided in subsection (b) of Section 11-74.4-8 of this Act is
18to be made with respect to ad valorem taxes levied in the 32nd
19calendar year after the year in which the ordinance approving
20the redevelopment project area was adopted if the ordinance was
21adopted on September 9, 1999 by the Village of Downs.
22    The estimated dates of completion of the redevelopment
23project and retirement of obligations issued to finance
24redevelopment project costs (including refunding bonds under
25Section 11-74.4-7) may not be later than December 31 of the
26year in which the payment to the municipal treasurer as

 

 

09900SB2562ham002- 61 -LRB099 17003 AWJ 49204 a

1provided in subsection (b) of Section 11-74.4-8 of this Act is
2to be made with respect to ad valorem taxes levied in the 33rd
3calendar year after the year in which the ordinance approving
4the redevelopment project area was adopted if the ordinance was
5adopted on May 20, 1985 by the Village of Wheeling.
6    The estimated dates of completion of the redevelopment
7project and retirement of obligations issued to finance
8redevelopment project costs (including refunding bonds under
9Section 11-74.4-7) may not be later than December 31 of the
10year in which the payment to the municipal treasurer as
11provided in subsection (b) of Section 11-74.4-8 of this Act is
12to be made with respect to ad valorem taxes levied in the 28th
13calendar year after the year in which the ordinance approving
14the redevelopment project area was adopted if the ordinance was
15adopted on October 12, 1989 by the City of Lawrenceville.
16    (c) The estimated dates of completion of the redevelopment
17project and retirement of obligations issued to finance
18redevelopment project costs (including refunding bonds under
19Section 11-74.4-7) may not be later than December 31 of the
20year in which the payment to the municipal treasurer as
21provided in subsection (b) of Section 11-74.4-8 of this Act is
22to be made with respect to ad valorem taxes levied in the 35th
23calendar year after the year in which the ordinance approving
24the redevelopment project area was adopted:
25        (1) If the ordinance was adopted before January 15,
26    1981.

 

 

09900SB2562ham002- 62 -LRB099 17003 AWJ 49204 a

1        (2) If the ordinance was adopted in December 1983,
2    April 1984, July 1985, or December 1989.
3        (3) If the ordinance was adopted in December 1987 and
4    the redevelopment project is located within one mile of
5    Midway Airport.
6        (4) If the ordinance was adopted before January 1, 1987
7    by a municipality in Mason County.
8        (5) If the municipality is subject to the Local
9    Government Financial Planning and Supervision Act or the
10    Financially Distressed City Law.
11        (6) If the ordinance was adopted in December 1984 by
12    the Village of Rosemont.
13        (7) If the ordinance was adopted on December 31, 1986
14    by a municipality located in Clinton County for which at
15    least $250,000 of tax increment bonds were authorized on
16    June 17, 1997, or if the ordinance was adopted on December
17    31, 1986 by a municipality with a population in 1990 of
18    less than 3,600 that is located in a county with a
19    population in 1990 of less than 34,000 and for which at
20    least $250,000 of tax increment bonds were authorized on
21    June 17, 1997.
22        (8) If the ordinance was adopted on October 5, 1982 by
23    the City of Kankakee, or if the ordinance was adopted on
24    December 29, 1986 by East St. Louis.
25        (9) If the ordinance was adopted on November 12, 1991
26    by the Village of Sauget.

 

 

09900SB2562ham002- 63 -LRB099 17003 AWJ 49204 a

1        (10) If the ordinance was adopted on February 11, 1985
2    by the City of Rock Island.
3        (11) If the ordinance was adopted before December 18,
4    1986 by the City of Moline.
5        (12) If the ordinance was adopted in September 1988 by
6    Sauk Village.
7        (13) If the ordinance was adopted in October 1993 by
8    Sauk Village.
9        (14) If the ordinance was adopted on December 29, 1986
10    by the City of Galva.
11        (15) If the ordinance was adopted in March 1991 by the
12    City of Centreville.
13        (16) If the ordinance was adopted on January 23, 1991
14    by the City of East St. Louis.
15        (17) If the ordinance was adopted on December 22, 1986
16    by the City of Aledo.
17        (18) If the ordinance was adopted on February 5, 1990
18    by the City of Clinton.
19        (19) If the ordinance was adopted on September 6, 1994
20    by the City of Freeport.
21        (20) If the ordinance was adopted on December 22, 1986
22    by the City of Tuscola.
23        (21) If the ordinance was adopted on December 23, 1986
24    by the City of Sparta.
25        (22) If the ordinance was adopted on December 23, 1986
26    by the City of Beardstown.

 

 

09900SB2562ham002- 64 -LRB099 17003 AWJ 49204 a

1        (23) If the ordinance was adopted on April 27, 1981,
2    October 21, 1985, or December 30, 1986 by the City of
3    Belleville.
4        (24) If the ordinance was adopted on December 29, 1986
5    by the City of Collinsville.
6        (25) If the ordinance was adopted on September 14, 1994
7    by the City of Alton.
8        (26) If the ordinance was adopted on November 11, 1996
9    by the City of Lexington.
10        (27) If the ordinance was adopted on November 5, 1984
11    by the City of LeRoy.
12        (28) If the ordinance was adopted on April 3, 1991 or
13    June 3, 1992 by the City of Markham.
14        (29) If the ordinance was adopted on November 11, 1986
15    by the City of Pekin.
16        (30) If the ordinance was adopted on December 15, 1981
17    by the City of Champaign.
18        (31) If the ordinance was adopted on December 15, 1986
19    by the City of Urbana.
20        (32) If the ordinance was adopted on December 15, 1986
21    by the Village of Heyworth.
22        (33) If the ordinance was adopted on February 24, 1992
23    by the Village of Heyworth.
24        (34) If the ordinance was adopted on March 16, 1995 by
25    the Village of Heyworth.
26        (35) If the ordinance was adopted on December 23, 1986

 

 

09900SB2562ham002- 65 -LRB099 17003 AWJ 49204 a

1    by the Town of Cicero.
2        (36) If the ordinance was adopted on December 30, 1986
3    by the City of Effingham.
4        (37) If the ordinance was adopted on May 9, 1991 by the
5    Village of Tilton.
6        (38) If the ordinance was adopted on October 20, 1986
7    by the City of Elmhurst.
8        (39) If the ordinance was adopted on January 19, 1988
9    by the City of Waukegan.
10        (40) If the ordinance was adopted on September 21, 1998
11    by the City of Waukegan.
12        (41) If the ordinance was adopted on December 31, 1986
13    by the City of Sullivan.
14        (42) If the ordinance was adopted on December 23, 1991
15    by the City of Sullivan.
16        (43) If the ordinance was adopted on December 31, 1986
17    by the City of Oglesby.
18        (44) If the ordinance was adopted on July 28, 1987 by
19    the City of Marion.
20        (45) If the ordinance was adopted on April 23, 1990 by
21    the City of Marion.
22        (46) If the ordinance was adopted on August 20, 1985 by
23    the Village of Mount Prospect.
24        (47) If the ordinance was adopted on February 2, 1998
25    by the Village of Woodhull.
26        (48) If the ordinance was adopted on April 20, 1993 by

 

 

09900SB2562ham002- 66 -LRB099 17003 AWJ 49204 a

1    the Village of Princeville.
2        (49) If the ordinance was adopted on July 1, 1986 by
3    the City of Granite City.
4        (50) If the ordinance was adopted on February 2, 1989
5    by the Village of Lombard.
6        (51) If the ordinance was adopted on December 29, 1986
7    by the Village of Gardner.
8        (52) If the ordinance was adopted on July 14, 1999 by
9    the Village of Paw Paw.
10        (53) If the ordinance was adopted on November 17, 1986
11    by the Village of Franklin Park.
12        (54) If the ordinance was adopted on November 20, 1989
13    by the Village of South Holland.
14        (55) If the ordinance was adopted on July 14, 1992 by
15    the Village of Riverdale.
16        (56) If the ordinance was adopted on December 29, 1986
17    by the City of Galesburg.
18        (57) If the ordinance was adopted on April 1, 1985 by
19    the City of Galesburg.
20        (58) If the ordinance was adopted on May 21, 1990 by
21    the City of West Chicago.
22        (59) If the ordinance was adopted on December 16, 1986
23    by the City of Oak Forest.
24        (60) If the ordinance was adopted in 1999 by the City
25    of Villa Grove.
26        (61) If the ordinance was adopted on January 13, 1987

 

 

09900SB2562ham002- 67 -LRB099 17003 AWJ 49204 a

1    by the Village of Mt. Zion.
2        (62) If the ordinance was adopted on December 30, 1986
3    by the Village of Manteno.
4        (63) If the ordinance was adopted on April 3, 1989 by
5    the City of Chicago Heights.
6        (64) If the ordinance was adopted on January 6, 1999 by
7    the Village of Rosemont.
8        (65) If the ordinance was adopted on December 19, 2000
9    by the Village of Stone Park.
10        (66) If the ordinance was adopted on December 22, 1986
11    by the City of DeKalb.
12        (67) If the ordinance was adopted on December 2, 1986
13    by the City of Aurora.
14        (68) If the ordinance was adopted on December 31, 1986
15    by the Village of Milan.
16        (69) If the ordinance was adopted on September 8, 1994
17    by the City of West Frankfort.
18        (70) If the ordinance was adopted on December 23, 1986
19    by the Village of Libertyville.
20        (71) If the ordinance was adopted on December 22, 1986
21    by the Village of Hoffman Estates.
22        (72) If the ordinance was adopted on September 17, 1986
23    by the Village of Sherman.
24        (73) If the ordinance was adopted on December 16, 1986
25    by the City of Macomb.
26        (74) If the ordinance was adopted on June 11, 2002 by

 

 

09900SB2562ham002- 68 -LRB099 17003 AWJ 49204 a

1    the City of East Peoria to create the West Washington
2    Street TIF.
3        (75) If the ordinance was adopted on June 11, 2002 by
4    the City of East Peoria to create the Camp Street TIF.
5        (76) If the ordinance was adopted on August 7, 2000 by
6    the City of Des Plaines.
7        (77) If the ordinance was adopted on December 22, 1986
8    by the City of Washington to create the Washington Square
9    TIF #2.
10        (78) If the ordinance was adopted on December 29, 1986
11    by the City of Morris.
12        (79) If the ordinance was adopted on July 6, 1998 by
13    the Village of Steeleville.
14        (80) If the ordinance was adopted on December 29, 1986
15    by the City of Pontiac to create TIF I (the Main St TIF).
16        (81) If the ordinance was adopted on December 29, 1986
17    by the City of Pontiac to create TIF II (the Interstate
18    TIF).
19        (82) If the ordinance was adopted on November 6, 2002
20    by the City of Chicago to create the Madden/Wells TIF
21    District.
22        (83) If the ordinance was adopted on November 4, 1998
23    by the City of Chicago to create the Roosevelt/Racine TIF
24    District.
25        (84) If the ordinance was adopted on June 10, 1998 by
26    the City of Chicago to create the Stony Island

 

 

09900SB2562ham002- 69 -LRB099 17003 AWJ 49204 a

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

 

 

09900SB2562ham002- 70 -LRB099 17003 AWJ 49204 a

1    and amended on August 2, 2010 by the City of Venice.
2        (97) If the ordinance was adopted on June 1, 1994 by
3    the City of Markham.
4        (98) If the ordinance was adopted on May 19, 1998 by
5    the Village of Bensenville.
6        (99) If the ordinance was adopted on November 12, 1987
7    by the City of Dixon.
8        (100) If the ordinance was adopted on December 20, 1988
9    by the Village of Lansing.
10        (101) If the ordinance was adopted on October 27, 1998
11    by the City of Moline.
12        (102) If the ordinance was adopted on May 21, 1991 by
13    the Village of Glenwood.
14        (103) If the ordinance was adopted on January 28, 1992
15    by the City of East Peoria.
16        (104) If the ordinance was adopted on December 14, 1998
17    by the City of Carlyle.
18        (105) If the ordinance was adopted on May 17, 2000, as
19    subsequently amended, by the City of Chicago to create the
20    Midwest Redevelopment TIF District.
21        (106) If the ordinance was adopted on September 13,
22    1989 by the City of Chicago to create the Michigan/Cermak
23    Area TIF District.
24        (107) If the ordinance was adopted on March 30, 1992 by
25    the Village of Ohio.
26        (108) If the ordinance was adopted on July 6, 1998 by

 

 

09900SB2562ham002- 71 -LRB099 17003 AWJ 49204 a

1    the Village of Orangeville.
2        (109) If the ordinance was adopted on December 16, 1997
3    by the Village of Germantown.
4        (110) If the ordinance was adopted on April 28, 2003 by
5    Gibson City.
6        (111) If the ordinance was adopted on December 18, 1990
7    by the Village of Washington Park, but only after the
8    Village of Washington Park becomes compliant with the
9    reporting requirements under subsection (d) of Section
10    11-74.4-5, and after the State Comptroller's certification
11    of such compliance.
12        (112) If the ordinance was adopted on February 28, 2000
13    by the City of Harvey.
14        (113) If the ordinance was adopted on January 11, 1991
15    by the City of Chicago to create the Read/Dunning TIF
16    District.
17        (114) If the ordinance was adopted on July 24, 1991 by
18    the City of Chicago to create the Sanitary and Ship Canal
19    TIF District.
20        (115) If the ordinance was adopted on December 4, 2007
21    by the City of Naperville.
22        (116) If the ordinance was adopted on July 1, 2002 by
23    the Village of Arlington Heights.
24        (117) If the ordinance was adopted on February 11, 1991
25    by the Village of Machesney Park.
26        (118) If the ordinance was adopted on December 29, 1993

 

 

09900SB2562ham002- 72 -LRB099 17003 AWJ 49204 a

1    by the City of Ottawa.
2        (119) If the ordinance was adopted on June 4, 1991 by
3    the Village of Lansing.
4        (120) If the ordinance was adopted on February 10, 2004
5    by the Village of Fox Lake.
6        (121) If the ordinance was adopted on December 22, 1992
7    by the City of Fairfield.
8        (122) If the ordinance was adopted on February 10, 1992
9    by the City of Mt. Sterling.
10        (123) If the ordinance was adopted on March 15, 2004 by
11    the City of Batavia.
12        (124) If the ordinance was adopted on March 18, 2002 by
13    the Village of Lake Zurich.
14        (125) If the ordinance was adopted on September 23,
15    1997 by the City of Granite City.
16        (126) If the ordinance was adopted on May 8, 2013 by
17    the Village of Rosemont to create the Higgins Road/River
18    Road TIF District No. 6.
19        (127) If the ordinance was adopted on November 22, 1993
20    by the City of Arcola.
21        (128) If the ordinance was adopted on September 7, 2004
22    by the City of Arcola.
23        (129) If the ordinance was adopted on November 29, 1999
24    by the City of Paris.
25        (130) If the ordinance was adopted on September 20,
26    1994 by the City of Ottawa to create the U.S. Route 6 East

 

 

09900SB2562ham002- 73 -LRB099 17003 AWJ 49204 a

1    Ottawa TIF.
2        (131) If the ordinance was adopted on May 2, 2002 by
3    the Village of Crestwood.
4        (132) If the ordinance was adopted on October 27, 1992
5    by the City of Blue Island.
6        (133) If the ordinance was adopted on December 23, 1993
7    by the City of Lacon.
8        (134) If the ordinance was adopted on May 4, 1998 by
9    the Village of Bradford.
10        (135) If the ordinance was adopted on June 11, 2002 by
11    the City of Oak Forest.
12        (136) If the ordinance was adopted on November 16, 1992
13    by the City of Pinckneyville.
14        (137) If the ordinance was adopted on March 1, 2001 by
15    the Village of South Jacksonville.
16        (138) If the ordinance was adopted on February 26, 1992
17    by the City of Chicago to create the Stockyards Southeast
18    Quadrant TIF District.
19        (139) If the ordinance was adopted on January 25, 1993
20    by the City of LaSalle.
21        (140) If the ordinance was adopted on December 23, 1997
22    by the Village of Dieterich.
23        (141) If the ordinance was adopted on February 10, 2016
24    by the Village of Rosemont to create the Balmoral/Pearl TIF
25    No. 8 Tax Increment Financing Redevelopment Project Area.
26    (d) For redevelopment project areas for which bonds were

 

 

09900SB2562ham002- 74 -LRB099 17003 AWJ 49204 a

1issued before July 29, 1991, or for which contracts were
2entered into before June 1, 1988, in connection with a
3redevelopment project in the area within the State Sales Tax
4Boundary, the estimated dates of completion of the
5redevelopment project and retirement of obligations to finance
6redevelopment project costs (including refunding bonds under
7Section 11-74.4-7) may be extended by municipal ordinance to
8December 31, 2013. The termination procedures of subsection (b)
9of Section 11-74.4-8 are not required for these redevelopment
10project areas in 2009 but are required in 2013. The extension
11allowed by Public Act 87-1272 shall not apply to real property
12tax increment allocation financing under Section 11-74.4-8.
13    (e) Those dates, for purposes of real property tax
14increment allocation financing pursuant to Section 11-74.4-8
15only, shall be not more than 35 years for redevelopment project
16areas that were adopted on or after December 16, 1986 and for
17which at least $8 million worth of municipal bonds were
18authorized on or after December 19, 1989 but before January 1,
191990; provided that the municipality elects to extend the life
20of the redevelopment project area to 35 years by the adoption
21of an ordinance after at least 14 but not more than 30 days'
22written notice to the taxing bodies, that would otherwise
23constitute the joint review board for the redevelopment project
24area, before the adoption of the ordinance.
25    (f) Those dates, for purposes of real property tax
26increment allocation financing pursuant to Section 11-74.4-8

 

 

09900SB2562ham002- 75 -LRB099 17003 AWJ 49204 a

1only, shall be not more than 35 years for redevelopment project
2areas that were established on or after December 1, 1981 but
3before January 1, 1982 and for which at least $1,500,000 worth
4of tax increment revenue bonds were authorized on or after
5September 30, 1990 but before July 1, 1991; provided that the
6municipality elects to extend the life of the redevelopment
7project area to 35 years by the adoption of an ordinance after
8at least 14 but not more than 30 days' written notice to the
9taxing bodies, that would otherwise constitute the joint review
10board for the redevelopment project area, before the adoption
11of the ordinance.
12    (f-5) Those dates, for purposes of real property tax
13increment allocation financing pursuant to Section 11-74.4-8
14only, shall be not more than 47 years for redevelopment project
15areas that were established on December 29, 1981 by the City of
16Springfield; provided that (i) the city of Springfield adopts
17an ordinance extending the life of the redevelopment project
18area to 47 years and (ii) the City of Springfield provides
19notice to the taxing bodies that would otherwise constitute the
20joint review board for the redevelopment project area not more
21than 30 and not less than 14 days prior to the adoption of that
22ordinance.
23    (g) In consolidating the material relating to completion
24dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
25it is not the intent of the General Assembly to make any
26substantive change in the law, except for the extension of the

 

 

09900SB2562ham002- 76 -LRB099 17003 AWJ 49204 a

1completion dates for the City of Aurora, the Village of Milan,
2the City of West Frankfort, the Village of Libertyville, and
3the Village of Hoffman Estates set forth under items (67),
4(68), (69), (70), and (71) of subsection (c) of this Section.
5(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;
698-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.
712-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,
8eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;
998-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.
101-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.
118-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.
1212-17-15.)
 
13    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
14    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
15project areas. The changes made by this amendatory Act of the
1691st General Assembly do not apply to a municipality that, (i)
17before the effective date of this amendatory Act of the 91st
18General Assembly, has adopted an ordinance or resolution fixing
19a time and place for a public hearing under Section 11-74.4-5
20or (ii) before July 1, 1999, has adopted an ordinance or
21resolution providing for a feasibility study under Section
2211-74.4-4.1, but has not yet adopted an ordinance approving
23redevelopment plans and redevelopment projects or designating
24redevelopment project areas under this Section, until after
25that municipality adopts an ordinance approving redevelopment

 

 

09900SB2562ham002- 77 -LRB099 17003 AWJ 49204 a

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

 

 

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1(a) of Section 11-74.4-9, and a list of the parcel or tax
2identification number of each parcel of property included in
3the redevelopment project area.
4    (b) Make and enter into all contracts with property owners,
5developers, tenants, overlapping taxing bodies, and others
6necessary or incidental to the implementation and furtherance
7of its redevelopment plan and project. Contract provisions
8concerning loan repayment obligations in contracts entered
9into on or after the effective date of this amendatory Act of
10the 93rd General Assembly shall terminate no later than the
11last to occur of the estimated dates of completion of the
12redevelopment project and retirement of the obligations issued
13to finance redevelopment project costs as required by item (3)
14of subsection (n) of Section 11-74.4-3. Payments received under
15contracts entered into by the municipality prior to the
16effective date of this amendatory Act of the 93rd General
17Assembly that are received after the redevelopment project area
18has been terminated by municipal ordinance shall be deposited
19into a special fund of the municipality to be used for other
20community redevelopment needs within the redevelopment project
21area.
22    (c) Within a redevelopment project area, acquire by
23purchase, donation, lease or eminent domain; own, convey,
24lease, mortgage or dispose of land and other property, real or
25personal, or rights or interests therein, and grant or acquire
26licenses, easements and options with respect thereto, all in

 

 

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1the manner and at such price the municipality determines is
2reasonably necessary to achieve the objectives of the
3redevelopment plan and project. No conveyance, lease,
4mortgage, disposition of land or other property owned by a
5municipality, or agreement relating to the development of such
6municipal property shall be made except upon the adoption of an
7ordinance by the corporate authorities of the municipality.
8Furthermore, no conveyance, lease, mortgage, or other
9disposition of land owned by a municipality or agreement
10relating to the development of such municipal property shall be
11made without making public disclosure of the terms of the
12disposition and all bids and proposals made in response to the
13municipality's request. The procedures for obtaining such bids
14and proposals shall provide reasonable opportunity for any
15person to submit alternative proposals or bids.
16    (d) Within a redevelopment project area, clear any area by
17demolition or removal of any existing buildings and structures.
18    (e) Within a redevelopment project area, renovate or
19rehabilitate or construct any structure or building, as
20permitted under this Act.
21    (f) Install, repair, construct, reconstruct or relocate
22streets, utilities and site improvements essential to the
23preparation of the redevelopment area for use in accordance
24with a redevelopment plan.
25    (g) Within a redevelopment project area, fix, charge and
26collect fees, rents and charges for the use of any building or

 

 

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1property owned or leased by it or any part thereof, or facility
2therein.
3    (h) Accept grants, guarantees and donations of property,
4labor, or other things of value from a public or private source
5for use within a project redevelopment area.
6    (i) Acquire and construct public facilities within a
7redevelopment project area, as permitted under this Act.
8    (j) Incur project redevelopment costs and reimburse
9developers who incur redevelopment project costs authorized by
10a redevelopment agreement; provided, however, that on and after
11the effective date of this amendatory Act of the 91st General
12Assembly, no municipality shall incur redevelopment project
13costs (except for planning costs and any other eligible costs
14authorized by municipal ordinance or resolution that are
15subsequently included in the redevelopment plan for the area
16and are incurred by the municipality after the ordinance or
17resolution is adopted) that are not consistent with the program
18for accomplishing the objectives of the redevelopment plan as
19included in that plan and approved by the municipality until
20the municipality has amended the redevelopment plan as provided
21elsewhere in this Act.
22    (k) Create a commission of not less than 5 or more than 15
23persons to be appointed by the mayor or president of the
24municipality with the consent of the majority of the governing
25board of the municipality. Members of a commission appointed
26after the effective date of this amendatory Act of 1987 shall

 

 

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1be appointed for initial terms of 1, 2, 3, 4 and 5 years,
2respectively, in such numbers as to provide that the terms of
3not more than 1/3 of all such members shall expire in any one
4year. Their successors shall be appointed for a term of 5
5years. The commission, subject to approval of the corporate
6authorities may exercise the powers enumerated in this Section.
7The commission shall also have the power to hold the public
8hearings required by this division and make recommendations to
9the corporate authorities concerning the adoption of
10redevelopment plans, redevelopment projects and designation of
11redevelopment project areas.
12    (l) Make payment in lieu of taxes or a portion thereof to
13taxing districts. If payments in lieu of taxes or a portion
14thereof are made to taxing districts, those payments shall be
15made to all districts within a project redevelopment area on a
16basis which is proportional to the current collections of
17revenue which each taxing district receives from real property
18in the redevelopment project area.
19    (m) Exercise any and all other powers necessary to
20effectuate the purposes of this Act.
21    (n) If any member of the corporate authority, a member of a
22commission established pursuant to Section 11-74.4-4(k) of
23this Act, or an employee or consultant of the municipality
24involved in the planning and preparation of a redevelopment
25plan, or project for a redevelopment project area or proposed
26redevelopment project area, as defined in Sections

 

 

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111-74.4-3(i) through (k) of this Act, owns or controls an
2interest, direct or indirect, in any property included in any
3redevelopment area, or proposed redevelopment area, he or she
4shall disclose the same in writing to the clerk of the
5municipality, and shall also so disclose the dates and terms
6and conditions of any disposition of any such interest, which
7disclosures shall be acknowledged by the corporate authorities
8and entered upon the minute books of the corporate authorities.
9If an individual holds such an interest then that individual
10shall refrain from any further official involvement in regard
11to such redevelopment plan, project or area, from voting on any
12matter pertaining to such redevelopment plan, project or area,
13or communicating with other members concerning corporate
14authorities, commission or employees concerning any matter
15pertaining to said redevelopment plan, project or area.
16Furthermore, no such member or employee shall acquire of any
17interest direct, or indirect, in any property in a
18redevelopment area or proposed redevelopment area after either
19(a) such individual obtains knowledge of such plan, project or
20area or (b) first public notice of such plan, project or area
21pursuant to Section 11-74.4-6 of this Division, whichever
22occurs first. For the purposes of this subsection, a property
23interest acquired in a single parcel of property by a member of
24the corporate authority, which property is used exclusively as
25the member's primary residence, shall not be deemed to
26constitute an interest in any property included in a

 

 

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1redevelopment area or proposed redevelopment area that was
2established before December 31, 1989, but the member must
3disclose the acquisition to the municipal clerk under the
4provisions of this subsection. A single property interest
5acquired within one year after the effective date of this
6amendatory Act of the 94th General Assembly or 2 years after
7the effective date of this amendatory Act of the 95th General
8Assembly by a member of the corporate authority does not
9constitute an interest in any property included in any
10redevelopment area or proposed redevelopment area, regardless
11of when the redevelopment area was established, if (i) the
12property is used exclusively as the member's primary residence,
13(ii) the member discloses the acquisition to the municipal
14clerk under the provisions of this subsection, (iii) the
15acquisition is for fair market value, (iv) the member acquires
16the property as a result of the property being publicly
17advertised for sale, and (v) the member refrains from voting
18on, and communicating with other members concerning, any matter
19when the benefits to the redevelopment project or area would be
20significantly greater than the benefits to the municipality as
21a whole. For the purposes of this subsection, a month-to-month
22leasehold interest in a single parcel of property by a member
23of the corporate authority shall not be deemed to constitute an
24interest in any property included in any redevelopment area or
25proposed redevelopment area, but the member must disclose the
26interest to the municipal clerk under the provisions of this

 

 

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1subsection.
2    (o) Create a Tax Increment Economic Development Advisory
3Committee to be appointed by the Mayor or President of the
4municipality with the consent of the majority of the governing
5board of the municipality, the members of which Committee shall
6be appointed for initial terms of 1, 2, 3, 4 and 5 years
7respectively, in such numbers as to provide that the terms of
8not more than 1/3 of all such members shall expire in any one
9year. Their successors shall be appointed for a term of 5
10years. The Committee shall have none of the powers enumerated
11in this Section. The Committee shall serve in an advisory
12capacity only. The Committee may advise the governing Board of
13the municipality and other municipal officials regarding
14development issues and opportunities within the redevelopment
15project area or the area within the State Sales Tax Boundary.
16The Committee may also promote and publicize development
17opportunities in the redevelopment project area or the area
18within the State Sales Tax Boundary.
19    (p) Municipalities may jointly undertake and perform
20redevelopment plans and projects and utilize the provisions of
21the Act wherever they have contiguous redevelopment project
22areas or they determine to adopt tax increment financing with
23respect to a redevelopment project area which includes
24contiguous real property within the boundaries of the
25municipalities, and in doing so, they may, by agreement between
26municipalities, issue obligations, separately or jointly, and

 

 

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

 

 

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

 

 

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1date of this amendatory Act of 1994 and no redevelopment
2project has been initiated within 4 years after the effective
3date of this amendatory Act of 1994, the municipality shall
4adopt an ordinance repealing its designation as a redevelopment
5project area. Initiation of a redevelopment project shall be
6evidenced by either a signed redevelopment agreement or
7expenditures on eligible redevelopment project costs
8associated with a redevelopment project.
9    Notwithstanding any other provision of this Section to the
10contrary, with respect to a redevelopment project area
11designated by an ordinance that was adopted on July 29, 1998 by
12the City of Chicago, the City of Chicago shall adopt an
13ordinance repealing the area's designation as a redevelopment
14project area if no redevelopment project has been initiated in
15the redevelopment project area within 15 years after the
16designation of the area. The City of Chicago may retroactively
17repeal any ordinance adopted by the City of Chicago, pursuant
18to this subsection (r), that repealed the designation of a
19redevelopment project area designated by an ordinance that was
20adopted by the City of Chicago on July 29, 1998. The City of
21Chicago has 90 days after the effective date of this amendatory
22Act to repeal the ordinance. The changes to this Section made
23by this amendatory Act of the 96th General Assembly apply
24retroactively to July 27, 2005.
25(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 

 

 

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1    (65 ILCS 5/11-74.4-6)  (from Ch. 24, par. 11-74.4-6)
2    Sec. 11-74.4-6. (a) Except as provided herein, notice of
3the public hearing shall be given by publication and mailing;
4provided, however, that no notice by mailing shall be required
5under this subsection (a) with respect to any redevelopment
6project area located within a transit facility improvement area
7established pursuant to Section 11-74.4-3.3. Notice by
8publication shall be given by publication at least twice, the
9first publication to be not more than 30 nor less than 10 days
10prior to the hearing in a newspaper of general circulation
11within the taxing districts having property in the proposed
12redevelopment project area. Notice by mailing shall be given by
13depositing such notice in the United States mails by certified
14mail addressed to the person or persons in whose name the
15general taxes for the last preceding year were paid on each
16lot, block, tract, or parcel of land lying within the project
17redevelopment area. Said notice shall be mailed not less than
1810 days prior to the date set for the public hearing. In the
19event taxes for the last preceding year were not paid, the
20notice shall also be sent to the persons last listed on the tax
21rolls within the preceding 3 years as the owners of such
22property. For redevelopment project areas with redevelopment
23plans or proposed redevelopment plans that would require
24removal of 10 or more inhabited residential units or that
25contain 75 or more inhabited residential units, the
26municipality shall make a good faith effort to notify by mail

 

 

09900SB2562ham002- 89 -LRB099 17003 AWJ 49204 a

1all residents of the redevelopment project area. At a minimum,
2the municipality shall mail a notice to each residential
3address located within the redevelopment project area. The
4municipality shall endeavor to ensure that all such notices are
5effectively communicated and shall include (in addition to
6notice in English) notice in the predominant language other
7than English when appropriate.
8    (b) The notices issued pursuant to this Section shall
9include the following:
10        (1) The time and place of public hearing.
11        (2) The boundaries of the proposed redevelopment
12    project area by legal description and by street location
13    where possible.
14        (3) A notification that all interested persons will be
15    given an opportunity to be heard at the public hearing.
16        (4) A description of the redevelopment plan or
17    redevelopment project for the proposed redevelopment
18    project area if a plan or project is the subject matter of
19    the hearing.
20        (5) Such other matters as the municipality may deem
21    appropriate.
22    (c) Not less than 45 days prior to the date set for
23hearing, the municipality shall give notice by mail as provided
24in subsection (a) to all taxing districts of which taxable
25property is included in the redevelopment project area, project
26or plan and to the Department of Commerce and Economic

 

 

09900SB2562ham002- 90 -LRB099 17003 AWJ 49204 a

1Opportunity, and in addition to the other requirements under
2subsection (b) the notice shall include an invitation to the
3Department of Commerce and Economic Opportunity and each taxing
4district to submit comments to the municipality concerning the
5subject matter of the hearing prior to the date of hearing.
6    (d) In the event that any municipality has by ordinance
7adopted tax increment financing prior to 1987, and has complied
8with the notice requirements of this Section, except that the
9notice has not included the requirements of subsection (b),
10paragraphs (2), (3) and (4), and within 90 days of the
11effective date of this amendatory Act of 1991, that
12municipality passes an ordinance which contains findings that:
13(1) all taxing districts prior to the time of the hearing
14required by Section 11-74.4-5 were furnished with copies of a
15map incorporated into the redevelopment plan and project
16substantially showing the legal boundaries of the
17redevelopment project area; (2) the redevelopment plan and
18project, or a draft thereof, contained a map substantially
19showing the legal boundaries of the redevelopment project area
20and was available to the public at the time of the hearing; and
21(3) since the adoption of any form of tax increment financing
22authorized by this Act, and prior to June 1, 1991, no objection
23or challenge has been made in writing to the municipality in
24respect to the notices required by this Section, then the
25municipality shall be deemed to have met the notice
26requirements of this Act and all actions of the municipality

 

 

09900SB2562ham002- 91 -LRB099 17003 AWJ 49204 a

1taken in connection with such notices as were given are hereby
2validated and hereby declared to be legally sufficient for all
3purposes of this Act.
4    (e) If a municipality desires to propose a redevelopment
5plan for a redevelopment project area that would result in the
6displacement of residents from 10 or more inhabited residential
7units or for a redevelopment project area that contains 75 or
8more inhabited residential units, the municipality shall hold a
9public meeting before the mailing of the notices of public
10hearing as provided in subsection (c) of this Section. However,
11such a meeting shall not be required with respect to any
12redevelopment plan for a redevelopment project area located
13within a transit facility improvement area established
14pursuant to Section 11-74.4-3.3 if the applicable project is
15subject to the process for evaluation of environmental effects
16under the National Environmental Policy Act of 1969, 42 U.S.C.
17 4321 et seq. The meeting shall be for the purpose of enabling
18the municipality to advise the public, taxing districts having
19real property in the redevelopment project area, taxpayers who
20own property in the proposed redevelopment project area, and
21residents in the area as to the municipality's possible intent
22to prepare a redevelopment plan and designate a redevelopment
23project area and to receive public comment. The time and place
24for the meeting shall be set by the head of the municipality's
25Department of Planning or other department official designated
26by the mayor or city or village manager without the necessity

 

 

09900SB2562ham002- 92 -LRB099 17003 AWJ 49204 a

1of a resolution or ordinance of the municipality and may be
2held by a member of the staff of the Department of Planning of
3the municipality or by any other person, body, or commission
4designated by the corporate authorities. The meeting shall be
5held at least 14 business days before the mailing of the notice
6of public hearing provided for in subsection (c) of this
7Section.
8    Notice of the public meeting shall be given by mail. Notice
9by mail shall be not less than 15 days before the date of the
10meeting and shall be sent by certified mail to all taxing
11districts having real property in the proposed redevelopment
12project area and to all entities requesting that information
13that have registered with a person and department designated by
14the municipality in accordance with registration guidelines
15established by the municipality pursuant to Section
1611-74.4-4.2. The municipality shall make a good faith effort to
17notify all residents and the last known persons who paid
18property taxes on real estate in a redevelopment project area.
19This requirement shall be deemed to be satisfied if the
20municipality mails, by regular mail, a notice to each
21residential address and the person or persons in whose name
22property taxes were paid on real property for the last
23preceding year located within the redevelopment project area.
24Notice shall be in languages other than English when
25appropriate. The notices issued under this subsection shall
26include the following:

 

 

09900SB2562ham002- 93 -LRB099 17003 AWJ 49204 a

1        (1) The time and place of the meeting.
2        (2) The boundaries of the area to be studied for
3    possible designation as a redevelopment project area by
4    street and location.
5        (3) The purpose or purposes of establishing a
6    redevelopment project area.
7        (4) A brief description of tax increment financing.
8        (5) The name, telephone number, and address of the
9    person who can be contacted for additional information
10    about the proposed redevelopment project area and who
11    should receive all comments and suggestions regarding the
12    development of the area to be studied.
13        (6) Notification that all interested persons will be
14    given an opportunity to be heard at the public meeting.
15        (7) Such other matters as the municipality deems
16    appropriate.
17    At the public meeting, any interested person or
18representative of an affected taxing district may be heard
19orally and may file, with the person conducting the meeting,
20statements that pertain to the subject matter of the meeting.
21(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
 
22    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
23    Sec. 11-74.4-8. Tax increment allocation financing. A
24municipality may not adopt tax increment financing in a
25redevelopment project area after the effective date of this

 

 

09900SB2562ham002- 94 -LRB099 17003 AWJ 49204 a

1amendatory Act of 1997 that will encompass an area that is
2currently included in an enterprise zone created under the
3Illinois Enterprise Zone Act unless that municipality,
4pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
5amends the enterprise zone designating ordinance to limit the
6eligibility for tax abatements as provided in Section 5.4.1 of
7the Illinois Enterprise Zone Act. A municipality, at the time a
8redevelopment project area is designated, may adopt tax
9increment allocation financing by passing an ordinance
10providing that the ad valorem taxes, if any, arising from the
11levies upon taxable real property in such redevelopment project
12area by taxing districts and tax rates determined in the manner
13provided in paragraph (c) of Section 11-74.4-9 each year after
14the effective date of the ordinance until redevelopment project
15costs and all municipal obligations financing redevelopment
16project costs incurred under this Division have been paid shall
17be divided as follows, provided, however, that with respect to
18any redevelopment project area located within a transit
19facility improvement area established pursuant to Section
2011-74.4-3.3 in a municipality with a population of 1,000,000 or
21more, ad valorem taxes, if any, arising from the levies upon
22taxable real property in such redevelopment project area shall
23be allocated as specifically provided in this Section:
24    (a) That portion of taxes levied upon each taxable lot,
25block, tract or parcel of real property which is attributable
26to the lower of the current equalized assessed value or the

 

 

09900SB2562ham002- 95 -LRB099 17003 AWJ 49204 a

1initial equalized assessed value of each such taxable lot,
2block, tract or parcel of real property in the redevelopment
3project area shall be allocated to and when collected shall be
4paid by the county collector to the respective affected taxing
5districts in the manner required by law in the absence of the
6adoption of tax increment allocation financing.
7    (b) Except from a tax levied by a township to retire bonds
8issued to satisfy court-ordered damages, that portion, if any,
9of such taxes which is attributable to the increase in the
10current equalized assessed valuation of each taxable lot,
11block, tract or parcel of real property in the redevelopment
12project area over and above the initial equalized assessed
13value of each property in the project area shall be allocated
14to and when collected shall be paid to the municipal treasurer
15who shall deposit said taxes into a special fund called the
16special tax allocation fund of the municipality for the purpose
17of paying redevelopment project costs and obligations incurred
18in the payment thereof. In any county with a population of
193,000,000 or more that has adopted a procedure for collecting
20taxes that provides for one or more of the installments of the
21taxes to be billed and collected on an estimated basis, the
22municipal treasurer shall be paid for deposit in the special
23tax allocation fund of the municipality, from the taxes
24collected from estimated bills issued for property in the
25redevelopment project area, the difference between the amount
26actually collected from each taxable lot, block, tract, or

 

 

09900SB2562ham002- 96 -LRB099 17003 AWJ 49204 a

1parcel of real property within the redevelopment project area
2and an amount determined by multiplying the rate at which taxes
3were last extended against the taxable lot, block, track, or
4parcel of real property in the manner provided in subsection
5(c) of Section 11-74.4-9 by the initial equalized assessed
6value of the property divided by the number of installments in
7which real estate taxes are billed and collected within the
8county; provided that the payments on or before December 31,
91999 to a municipal treasurer shall be made only if each of the
10following conditions are met:
11        (1) The total equalized assessed value of the
12    redevelopment project area as last determined was not less
13    than 175% of the total initial equalized assessed value.
14        (2) Not more than 50% of the total equalized assessed
15    value of the redevelopment project area as last determined
16    is attributable to a piece of property assigned a single
17    real estate index number.
18        (3) The municipal clerk has certified to the county
19    clerk that the municipality has issued its obligations to
20    which there has been pledged the incremental property taxes
21    of the redevelopment project area or taxes levied and
22    collected on any or all property in the municipality or the
23    full faith and credit of the municipality to pay or secure
24    payment for all or a portion of the redevelopment project
25    costs. The certification shall be filed annually no later
26    than September 1 for the estimated taxes to be distributed

 

 

09900SB2562ham002- 97 -LRB099 17003 AWJ 49204 a

1    in the following year; however, for the year 1992 the
2    certification shall be made at any time on or before March
3    31, 1992.
4        (4) The municipality has not requested that the total
5    initial equalized assessed value of real property be
6    adjusted as provided in subsection (b) of Section
7    11-74.4-9.
8    The conditions of paragraphs (1) through (4) do not apply
9after December 31, 1999 to payments to a municipal treasurer
10made by a county with 3,000,000 or more inhabitants that has
11adopted an estimated billing procedure for collecting taxes. If
12a county that has adopted the estimated billing procedure makes
13an erroneous overpayment of tax revenue to the municipal
14treasurer, then the county may seek a refund of that
15overpayment. The county shall send the municipal treasurer a
16notice of liability for the overpayment on or before the
17mailing date of the next real estate tax bill within the
18county. The refund shall be limited to the amount of the
19overpayment.
20    It is the intent of this Division that after the effective
21date of this amendatory Act of 1988 a municipality's own ad
22valorem tax arising from levies on taxable real property be
23included in the determination of incremental revenue in the
24manner provided in paragraph (c) of Section 11-74.4-9. If the
25municipality does not extend such a tax, it shall annually
26deposit in the municipality's Special Tax Increment Fund an

 

 

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1amount equal to 10% of the total contributions to the fund from
2all other taxing districts in that year. The annual 10% deposit
3required by this paragraph shall be limited to the actual
4amount of municipally produced incremental tax revenues
5available to the municipality from taxpayers located in the
6redevelopment project area in that year if: (a) the plan for
7the area restricts the use of the property primarily to
8industrial purposes, (b) the municipality establishing the
9redevelopment project area is a home-rule community with a 1990
10population of between 25,000 and 50,000, (c) the municipality
11is wholly located within a county with a 1990 population of
12over 750,000 and (d) the redevelopment project area was
13established by the municipality prior to June 1, 1990. This
14payment shall be in lieu of a contribution of ad valorem taxes
15on real property. If no such payment is made, any redevelopment
16project area of the municipality shall be dissolved.
17    If a municipality has adopted tax increment allocation
18financing by ordinance and the County Clerk thereafter
19certifies the "total initial equalized assessed value as
20adjusted" of the taxable real property within such
21redevelopment project area in the manner provided in paragraph
22(b) of Section 11-74.4-9, each year after the date of the
23certification of the total initial equalized assessed value as
24adjusted until redevelopment project costs and all municipal
25obligations financing redevelopment project costs have been
26paid the ad valorem taxes, if any, arising from the levies upon

 

 

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1the taxable real property in such redevelopment project area by
2taxing districts and tax rates determined in the manner
3provided in paragraph (c) of Section 11-74.4-9 shall be divided
4as follows, provided, however, that with respect to any
5redevelopment project area located within a transit facility
6improvement area established pursuant to Section 11-74.4-3.3
7in a municipality with a population of 1,000,000 or more, ad
8valorem taxes, if any, arising from the levies upon the taxable
9real property in such redevelopment project area shall be
10allocated as specifically provided in this Section:
11        (1) That portion of the taxes levied upon each taxable
12    lot, block, tract or parcel of real property which is
13    attributable to the lower of the current equalized assessed
14    value or "current equalized assessed value as adjusted" or
15    the initial equalized assessed value of each such taxable
16    lot, block, tract, or parcel of real property existing at
17    the time tax increment financing was adopted, minus the
18    total current homestead exemptions under Article 15 of the
19    Property Tax Code in the redevelopment project area shall
20    be allocated to and when collected shall be paid by the
21    county collector to the respective affected taxing
22    districts in the manner required by law in the absence of
23    the adoption of tax 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 to
8    the municipal Treasurer, who shall deposit said taxes into
9    a special fund called the special tax allocation fund of
10    the municipality for the purpose of paying redevelopment
11    project costs and obligations incurred in the payment
12    thereof.
13    The municipality may pledge in the ordinance the funds in
14and to be deposited in the special tax allocation fund for the
15payment of such costs and obligations. No part of the current
16equalized assessed valuation of each property in the
17redevelopment project area attributable to any increase above
18the total initial equalized assessed value, or the total
19initial equalized assessed value as adjusted, of such
20properties shall be used in calculating the general State
21school aid formula, provided for in Section 18-8 of the School
22Code, until such time as all redevelopment project costs have
23been paid as provided for in this Section.
24    Whenever a municipality issues bonds for the purpose of
25financing redevelopment project costs, such municipality may
26provide by ordinance for the appointment of a trustee, which

 

 

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1may be any trust company within the State, and for the
2establishment of such funds or accounts to be maintained by
3such trustee as the municipality shall deem necessary to
4provide for the security and payment of the bonds. If such
5municipality provides for the appointment of a trustee, such
6trustee shall be considered the assignee of any payments
7assigned by the municipality pursuant to such ordinance and
8this Section. Any amounts paid to such trustee as assignee
9shall be deposited in the funds or accounts established
10pursuant to such trust agreement, and shall be held by such
11trustee in trust for the benefit of the holders of the bonds,
12and such holders shall have a lien on and a security interest
13in such funds or accounts so long as the bonds remain
14outstanding and unpaid. Upon retirement of the bonds, the
15trustee shall pay over any excess amounts held to the
16municipality for deposit in the special tax allocation fund.
17    When such redevelopment projects costs, including without
18limitation all municipal obligations financing redevelopment
19project costs incurred under this Division, have been paid, all
20surplus funds then remaining in the special tax allocation fund
21shall be distributed by being paid by the municipal treasurer
22to the Department of Revenue, the municipality and the county
23collector; first to the Department of Revenue and the
24municipality in direct proportion to the tax incremental
25revenue received from the State and the municipality, but not
26to exceed the total incremental revenue received from the State

 

 

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1or the municipality less any annual surplus distribution of
2incremental revenue previously made; with any remaining funds
3to be paid to the County Collector who shall immediately
4thereafter pay said funds to the taxing districts in the
5redevelopment project area in the same manner and proportion as
6the most recent distribution by the county collector to the
7affected districts of real property taxes from real property in
8the redevelopment project area.
9    Upon the payment of all redevelopment project costs, the
10retirement of obligations, the distribution of any excess
11monies pursuant to this Section, and final closing of the books
12and records of the redevelopment project area, the municipality
13shall adopt an ordinance dissolving the special tax allocation
14fund for the redevelopment project area and terminating the
15designation of the redevelopment project area as a
16redevelopment project area. Title to real or personal property
17and public improvements acquired by or for the municipality as
18a result of the redevelopment project and plan shall vest in
19the municipality when acquired and shall continue to be held by
20the municipality after the redevelopment project area has been
21terminated. Municipalities shall notify affected taxing
22districts prior to November 1 if the redevelopment project area
23is to be terminated by December 31 of that same year. If a
24municipality extends estimated dates of completion of a
25redevelopment project and retirement of obligations to finance
26a redevelopment project, as allowed by this amendatory Act of

 

 

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11993, that extension shall not extend the property tax
2increment allocation financing authorized by this Section.
3Thereafter the rates of the taxing districts shall be extended
4and taxes levied, collected and distributed in the manner
5applicable in the absence of the adoption of tax increment
6allocation financing.
7    If a municipality with a population of 1,000,000 or more
8has adopted by ordinance tax increment allocation financing for
9a redevelopment project area located in a transit facility
10improvement area established pursuant to Section 11-74.4-3.3,
11for each year after the effective date of the ordinance until
12redevelopment project costs and all municipal obligations
13financing redevelopment project costs have been paid, the ad
14valorem taxes, if any, arising from the levies upon the taxable
15real property in that redevelopment project area by taxing
16districts and tax rates determined in the manner provided in
17paragraph (c) of Section 11-74.4-9 shall be divided as follows:
18        (1) That portion of the taxes levied upon each taxable
19    lot, block, tract or parcel of real property which is
20    attributable to the lower of (i) the current equalized
21    assessed value or "current equalized assessed value as
22    adjusted" or (ii) the initial equalized assessed value of
23    each such taxable lot, block, tract, or parcel of real
24    property existing at the time tax increment financing was
25    adopted, minus the total current homestead exemptions
26    under Article 15 of the Property Tax Code in the

 

 

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

 

 

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1        fund of the municipality for the purpose of paying
2        redevelopment project costs and obligations incurred
3        in the payment thereof; and then
4            (C) 20% of the remaining portion shall be paid to
5        the respective affected taxing districts, other than
6        the school district described in clause (a) above, in
7        the manner required by law in the absence of the
8        adoption of tax increment allocation financing.
9    Nothing in this Section shall be construed as relieving
10property in such redevelopment project areas from being
11assessed as provided in the Property Tax Code or as relieving
12owners of such property from paying a uniform rate of taxes, as
13required by Section 4 of Article IX of the Illinois
14Constitution.
15(Source: P.A. 98-463, eff. 8-16-13.)
 
16    (65 ILCS 5/11-74.6-22)
17    Sec. 11-74.6-22. Adoption of ordinance; requirements;
18changes.
19    (a) Before adoption of an ordinance proposing the
20designation of a redevelopment planning area or a redevelopment
21project area, or both, or approving a redevelopment plan or
22redevelopment project, the municipality or commission
23designated pursuant to subsection (l) of Section 11-74.6-15
24shall fix by ordinance or resolution a time and place for
25public hearing. Prior to the adoption of the ordinance or

 

 

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1resolution establishing the time and place for the public
2hearing, the municipality shall make available for public
3inspection a redevelopment plan or a report that provides in
4sufficient detail, the basis for the eligibility of the
5redevelopment project area. The report along with the name of a
6person to contact for further information shall be sent to the
7affected taxing district by certified mail within a reasonable
8time following the adoption of the ordinance or resolution
9establishing the time and place for the public hearing.
10    At the public hearing any interested person or affected
11taxing district may file with the municipal clerk written
12objections to the ordinance and may be heard orally on any
13issues that are the subject of the hearing. The municipality
14shall hear and determine all alternate proposals or bids for
15any proposed conveyance, lease, mortgage or other disposition
16of land and all protests and objections at the hearing and the
17hearing may be adjourned to another date without further notice
18other than a motion to be entered upon the minutes fixing the
19time and place of the later hearing. At the public hearing or
20at any time prior to the adoption by the municipality of an
21ordinance approving a redevelopment plan, the municipality may
22make changes in the redevelopment plan. Changes which (1) add
23additional parcels of property to the proposed redevelopment
24project area, (2) substantially affect the general land uses
25proposed in the redevelopment plan, or (3) substantially change
26the nature of or extend the life of the redevelopment project

 

 

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1shall be made only after the municipality gives notice,
2convenes a joint review board, and conducts a public hearing
3pursuant to the procedures set forth in this Section and in
4Section 11-74.6-25. Changes which do not (1) add additional
5parcels of property to the proposed redevelopment project area,
6(2) substantially affect the general land uses proposed in the
7redevelopment plan, or (3) substantially change the nature of
8or extend the life of the redevelopment project may be made
9without further hearing, provided that the municipality shall
10give notice of any such changes by mail to each affected taxing
11district and by publication once in a newspaper of general
12circulation within the affected taxing district. Such notice by
13mail and by publication shall each occur not later than 10 days
14following the adoption by ordinance of such changes.
15    (b) Before adoption of an ordinance proposing the
16designation of a redevelopment planning area or a redevelopment
17project area, or both, or amending the boundaries of an
18existing redevelopment project area or redevelopment planning
19area, or both, the municipality shall convene a joint review
20board to consider the proposal. The board shall consist of a
21representative selected by each taxing district that has
22authority to levy real property taxes on the property within
23the proposed redevelopment project area and that has at least
245% of its total equalized assessed value located within the
25proposed redevelopment project area, a representative selected
26by the municipality and a public member. The public member and

 

 

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1the board's chairperson shall be selected by a majority of
2other board members.
3    All board members shall be appointed and the first board
4meeting held within 14 days following the notice by the
5municipality to all the taxing districts as required by
6subsection (c) of Section 11-74.6-25. The notice shall also
7advise the taxing bodies represented on the joint review board
8of the time and place of the first meeting of the board.
9Additional meetings of the board shall be held upon the call of
10any 2 members. The municipality seeking designation of the
11redevelopment project area may provide administrative support
12to the board.
13    The board shall review the public record, planning
14documents and proposed ordinances approving the redevelopment
15plan and project to be adopted by the municipality. As part of
16its deliberations, the board may hold additional hearings on
17the proposal. A board's recommendation, if any, shall be a
18written recommendation adopted by a majority vote of the board
19and submitted to the municipality within 30 days after the
20board convenes. A board's recommendation shall be binding upon
21the municipality. Failure of the board to submit its
22recommendation on a timely basis shall not be cause to delay
23the public hearing or the process of establishing or amending
24the redevelopment project area. The board's recommendation on
25the proposal shall be based upon the area satisfying the
26applicable eligibility criteria defined in Section 11-74.6-10

 

 

09900SB2562ham002- 109 -LRB099 17003 AWJ 49204 a

1and whether there is a basis for the municipal findings set
2forth in the redevelopment plan as required by this Act. If the
3board does not file a recommendation it shall be presumed that
4the board has found that the redevelopment project area
5satisfies the eligibility criteria.
6    (c) After a municipality has by ordinance approved a
7redevelopment plan and designated a redevelopment planning
8area or a redevelopment project area, or both, the plan may be
9amended and additional properties may be added to the
10redevelopment project area only as herein provided. Amendments
11which (1) add additional parcels of property to the proposed
12redevelopment project area, (2) substantially affect the
13general land uses proposed in the redevelopment plan, (3)
14substantially change the nature of the redevelopment project,
15(4) increase the total estimated redevelopment project costs
16set out in the redevelopment plan by more than 5% after
17adjustment for inflation from the date the plan was adopted, or
18(5) add additional redevelopment project costs to the itemized
19list of redevelopment project costs set out in the
20redevelopment plan shall be made only after the municipality
21gives notice, convenes a joint review board, and conducts a
22public hearing pursuant to the procedures set forth in this
23Section and in Section 11-74.6-25. Changes which do not (1) add
24additional parcels of property to the proposed redevelopment
25project area, (2) substantially affect the general land uses
26proposed in the redevelopment plan, (3) substantially change

 

 

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1the nature of the redevelopment project, (4) increase the total
2estimated redevelopment project cost set out in the
3redevelopment plan by more than 5% after adjustment for
4inflation from the date the plan was adopted, or (5) add
5additional redevelopment project costs to the itemized list of
6redevelopment project costs set out in the redevelopment plan
7may be made without further hearing, provided that the
8municipality shall give notice of any such changes by mail to
9each affected taxing district and by publication once in a
10newspaper of general circulation within the affected taxing
11district. Such notice by mail and by publication shall each
12occur not later than 10 days following the adoption by
13ordinance of such changes.
14    Notwithstanding Section 11-74.6-50, the redevelopment
15project area established by an ordinance adopted in its final
16form on December 19, 2011 by the City of Loves Park may be
17expanded by the adoption of an ordinance to that effect without
18further hearing or notice to include land that (i) is at least
19in part contiguous to the existing redevelopment project area,
20(ii) does not exceed approximately 16.56 acres, (iii) at the
21time of the establishment of the redevelopment project area
22would have been otherwise eligible for inclusion in the
23redevelopment project area, and (iv) is zoned so as to comply
24with this Act prior to its inclusion in the redevelopment
25project area.
26    (d) After the effective date of this amendatory Act of the

 

 

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191st General Assembly, a municipality shall submit the
2following information for each redevelopment project area (i)
3to the State Comptroller under Section 8-8-3.5 of the Illinois
4Municipal Code, subject to any extensions or exemptions
5provided at the Comptroller's discretion under that Section,
6and (ii) to all taxing districts overlapping the redevelopment
7project area no later than 180 days after the close of each
8municipal fiscal year or as soon thereafter as the audited
9financial statements become available and, in any case, shall
10be submitted before the annual meeting of the joint review
11board to each of the taxing districts that overlap the
12redevelopment project area:
13        (1) Any amendments to the redevelopment plan, or the
14    redevelopment project area.
15        (1.5) A list of the redevelopment project areas
16    administered by the municipality and, if applicable, the
17    date each redevelopment project area was designated or
18    terminated by the municipality.
19        (2) Audited financial statements of the special tax
20    allocation fund once a cumulative total of $100,000 of tax
21    increment revenues has been deposited in the fund.
22        (3) Certification of the Chief Executive Officer of the
23    municipality that the municipality has complied with all of
24    the requirements of this Act during the preceding fiscal
25    year.
26        (4) An opinion of legal counsel that the municipality

 

 

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1    is in compliance with this Act.
2        (5) An analysis of the special tax allocation fund
3    which sets forth:
4            (A) the balance in the special tax allocation fund
5        at the beginning of the fiscal year;
6            (B) all amounts deposited in the special tax
7        allocation fund by source;
8            (C) an itemized list of all expenditures from the
9        special tax allocation fund by category of permissible
10        redevelopment project cost; and
11            (D) the balance in the special tax allocation fund
12        at the end of the fiscal year including a breakdown of
13        that balance by source and a breakdown of that balance
14        identifying any portion of the balance that is
15        required, pledged, earmarked, or otherwise designated
16        for payment of or securing of obligations and
17        anticipated redevelopment project costs. Any portion
18        of such ending balance that has not been identified or
19        is not identified as being required, pledged,
20        earmarked, or otherwise designated for payment of or
21        securing of obligations or anticipated redevelopment
22        project costs shall be designated as surplus as set
23        forth in Section 11-74.6-30 hereof.
24        (6) A description of all property purchased by the
25    municipality within the redevelopment project area
26    including:

 

 

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1            (A) Street address.
2            (B) Approximate size or description of property.
3            (C) Purchase price.
4            (D) Seller of property.
5        (7) A statement setting forth all activities
6    undertaken in furtherance of the objectives of the
7    redevelopment plan, including:
8            (A) Any project implemented in the preceding
9        fiscal year.
10            (B) A description of the redevelopment activities
11        undertaken.
12            (C) A description of any agreements entered into by
13        the municipality with regard to the disposition or
14        redevelopment of any property within the redevelopment
15        project area.
16            (D) Additional information on the use of all funds
17        received under this Division and steps taken by the
18        municipality to achieve the objectives of the
19        redevelopment plan.
20            (E) Information regarding contracts that the
21        municipality's tax increment advisors or consultants
22        have entered into with entities or persons that have
23        received, or are receiving, payments financed by tax
24        increment revenues produced by the same redevelopment
25        project area.
26            (F) Any reports submitted to the municipality by

 

 

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1        the joint review board.
2            (G) A review of public and, to the extent possible,
3        private investment actually undertaken to date after
4        the effective date of this amendatory Act of the 91st
5        General Assembly and estimated to be undertaken during
6        the following year. This review shall, on a
7        project-by-project basis, set forth the estimated
8        amounts of public and private investment incurred
9        after the effective date of this amendatory Act of the
10        91st General Assembly and provide the ratio of private
11        investment to public investment to the date of the
12        report and as estimated to the completion of the
13        redevelopment project.
14        (8) With regard to any obligations issued by the
15    municipality:
16            (A) copies of any official statements; and
17            (B) an analysis prepared by financial advisor or
18        underwriter setting forth: (i) nature and term of
19        obligation; and (ii) projected debt service including
20        required reserves and debt coverage.
21        (9) For special tax allocation funds that have received
22    cumulative deposits of incremental tax revenues of
23    $100,000 or more, a certified audit report reviewing
24    compliance with this Act performed by an independent public
25    accountant certified and licensed by the authority of the
26    State of Illinois. The financial portion of the audit must

 

 

09900SB2562ham002- 115 -LRB099 17003 AWJ 49204 a

1    be conducted in accordance with Standards for Audits of
2    Governmental Organizations, Programs, Activities, and
3    Functions adopted by the Comptroller General of the United
4    States (1981), as amended, or the standards specified by
5    Section 8-8-5 of the Illinois Municipal Auditing Law of the
6    Illinois Municipal Code. The audit report shall contain a
7    letter from the independent certified public accountant
8    indicating compliance or noncompliance with the
9    requirements of subsection (o) of Section 11-74.6-10.
10    (e) The joint review board shall meet annually 180 days
11after the close of the municipal fiscal year or as soon as the
12redevelopment project audit for that fiscal year becomes
13available to review the effectiveness and status of the
14redevelopment project area up to that date.
15(Source: P.A. 97-146, eff. 1-1-12; 98-922, eff. 8-15-14.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".