Full Text of SB0277 99th General Assembly
SB0277eng 99TH GENERAL ASSEMBLY |
| | SB0277 Engrossed | | LRB099 03029 SXM 23037 b |
|
| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4, and | 6 | | 11-74.4-8 and by adding Section 11-74.4-3.3 as follows:
| 7 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| 8 | | Sec. 11-74.4-3. Definitions. The following terms, wherever | 9 | | used or
referred to in this Division 74.4 shall have the | 10 | | following respective meanings,
unless in any case a different | 11 | | meaning clearly appears from the context.
| 12 | | (a) For any redevelopment project area that has been | 13 | | designated pursuant
to this
Section by an ordinance adopted | 14 | | prior to November 1, 1999 (the effective
date of Public Act
| 15 | | 91-478), "blighted area" shall have the meaning set
forth in | 16 | | this Section
prior to that date.
| 17 | | On and after November 1, 1999,
"blighted area" means any | 18 | | improved or vacant area within the boundaries
of a | 19 | | redevelopment project area located within the territorial | 20 | | limits of
the municipality where:
| 21 | | (1) If improved, industrial, commercial, and | 22 | | residential buildings or
improvements are detrimental to | 23 | | the public safety, health, or welfare
because of a |
| | | SB0277 Engrossed | - 2 - | LRB099 03029 SXM 23037 b |
|
| 1 | | combination of 5 or more of the following factors, each of | 2 | | which
is (i) present, with that presence documented, to a | 3 | | meaningful extent so
that a municipality may reasonably | 4 | | find that the factor is clearly
present within the intent | 5 | | of the Act and (ii) reasonably distributed throughout
the | 6 | | improved part of the redevelopment project area:
| 7 | | (A) Dilapidation. An advanced state of disrepair | 8 | | or neglect of
necessary
repairs to the primary | 9 | | structural components of buildings or improvements in
| 10 | | such a combination that a documented building | 11 | | condition analysis determines
that major repair is | 12 | | required or the defects are so serious and so extensive
| 13 | | that the buildings must be removed.
| 14 | | (B) Obsolescence. The condition or process of | 15 | | falling into disuse.
Structures have become ill-suited | 16 | | for the original use.
| 17 | | (C) Deterioration. With respect to buildings, | 18 | | defects
including, but not limited to, major defects in
| 19 | | the secondary building components such as doors, | 20 | | windows, porches, gutters and
downspouts, and fascia. | 21 | | With respect to surface improvements, that the
| 22 | | condition of roadways, alleys, curbs, gutters, | 23 | | sidewalks, off-street parking,
and surface storage | 24 | | areas evidence deterioration, including, but not | 25 | | limited
to, surface cracking, crumbling, potholes, | 26 | | depressions, loose paving material,
and weeds |
| | | SB0277 Engrossed | - 3 - | LRB099 03029 SXM 23037 b |
|
| 1 | | protruding through paved surfaces.
| 2 | | (D) Presence of structures below minimum code | 3 | | standards. All structures
that do not meet the | 4 | | standards of zoning, subdivision, building, fire, and
| 5 | | other governmental codes applicable to property, but | 6 | | not including housing and
property maintenance codes.
| 7 | | (E) Illegal use of individual structures. The use | 8 | | of structures in
violation of applicable federal, | 9 | | State, or local laws, exclusive of those
applicable to | 10 | | the presence of structures below minimum code | 11 | | standards.
| 12 | | (F) Excessive vacancies. The presence of
buildings | 13 | | that are unoccupied or under-utilized and that | 14 | | represent an adverse
influence on the area because of | 15 | | the frequency, extent, or duration of the
vacancies.
| 16 | | (G) Lack of ventilation, light, or sanitary | 17 | | facilities. The absence of
adequate ventilation for | 18 | | light or air circulation in spaces or rooms without
| 19 | | windows, or that require the removal of dust, odor, | 20 | | gas, smoke, or other
noxious airborne materials. | 21 | | Inadequate natural light and ventilation means
the | 22 | | absence of skylights or windows for interior spaces or | 23 | | rooms and improper
window sizes and amounts by room | 24 | | area to window area ratios. Inadequate
sanitary | 25 | | facilities refers to the absence or inadequacy of | 26 | | garbage storage and
enclosure,
bathroom facilities, |
| | | SB0277 Engrossed | - 4 - | LRB099 03029 SXM 23037 b |
|
| 1 | | hot water and kitchens, and structural inadequacies
| 2 | | preventing ingress and egress to and from all rooms and | 3 | | units within a
building.
| 4 | | (H) Inadequate utilities. Underground and overhead | 5 | | utilities
such as storm sewers and storm drainage, | 6 | | sanitary sewers, water lines, and
gas, telephone, and
| 7 | | electrical services that are shown to be inadequate. | 8 | | Inadequate utilities are
those that are: (i) of | 9 | | insufficient capacity to serve the uses in the
| 10 | | redevelopment project area, (ii) deteriorated,
| 11 | | antiquated, obsolete, or in disrepair, or (iii) | 12 | | lacking within the
redevelopment project area.
| 13 | | (I) Excessive land coverage and overcrowding of | 14 | | structures and community
facilities. The | 15 | | over-intensive use of property and the crowding of | 16 | | buildings
and accessory facilities onto a site. | 17 | | Examples of problem conditions
warranting the | 18 | | designation of an area as one exhibiting excessive land | 19 | | coverage
are: (i) the presence of buildings either | 20 | | improperly situated on parcels or
located
on parcels of | 21 | | inadequate size and shape in relation to present-day | 22 | | standards of
development for health and safety and (ii) | 23 | | the presence of multiple buildings
on a
single parcel. | 24 | | For there to be a finding of excessive land coverage,
| 25 | | these parcels must exhibit one or more of the following | 26 | | conditions:
insufficient provision for
light and air |
| | | SB0277 Engrossed | - 5 - | LRB099 03029 SXM 23037 b |
|
| 1 | | within or around buildings, increased threat of spread | 2 | | of fire
due to the close proximity of buildings, lack | 3 | | of adequate or proper access to a
public right-of-way, | 4 | | lack of reasonably required off-street parking, or
| 5 | | inadequate provision for loading and service.
| 6 | | (J) Deleterious land use or layout. The existence | 7 | | of incompatible
land-use
relationships, buildings | 8 | | occupied by inappropriate mixed-uses, or uses
| 9 | | considered to be noxious, offensive, or unsuitable for | 10 | | the
surrounding area.
| 11 | | (K) Environmental clean-up. The proposed | 12 | | redevelopment project area
has incurred Illinois | 13 | | Environmental Protection Agency or United States
| 14 | | Environmental Protection Agency remediation costs for, | 15 | | or a study conducted by
an independent consultant | 16 | | recognized as having expertise in environmental
| 17 | | remediation has determined a need for, the
clean-up of | 18 | | hazardous
waste, hazardous substances, or underground | 19 | | storage tanks required by State or
federal law, | 20 | | provided that the remediation costs constitute a | 21 | | material
impediment to the development or | 22 | | redevelopment of the redevelopment project
area.
| 23 | | (L) Lack of community planning. The proposed | 24 | | redevelopment project area
was
developed prior to or | 25 | | without the benefit or guidance of a community plan.
| 26 | | This means that the development occurred prior to the |
| | | SB0277 Engrossed | - 6 - | LRB099 03029 SXM 23037 b |
|
| 1 | | adoption by the
municipality of a comprehensive or | 2 | | other community plan or that the plan was
not followed | 3 | | at the time of the area's development. This factor must | 4 | | be
documented by evidence of adverse or incompatible | 5 | | land-use relationships,
inadequate street layout, | 6 | | improper subdivision, parcels of inadequate shape and
| 7 | | size to meet contemporary development standards, or | 8 | | other evidence
demonstrating
an absence of effective | 9 | | community planning.
| 10 | | (M) The total equalized assessed value of the | 11 | | proposed redevelopment
project area has declined for 3 | 12 | | of the last 5 calendar years
prior to the year in which | 13 | | the redevelopment project area is designated
or is | 14 | | increasing at an
annual rate that is less
than the | 15 | | balance of the municipality for 3 of the last 5 | 16 | | calendar years
for which
information is available or is | 17 | | increasing at an annual rate that is less than
the | 18 | | Consumer Price Index
for All Urban Consumers published | 19 | | by the United States Department of Labor or
successor | 20 | | agency for 3 of the last 5 calendar years
prior to the | 21 | | year in which the redevelopment project area is | 22 | | designated.
| 23 | | (2) If vacant, the sound growth of the redevelopment | 24 | | project area
is impaired by a
combination of 2 or more of | 25 | | the following factors, each of which
is (i) present, with | 26 | | that presence documented, to a meaningful extent so
that
a |
| | | SB0277 Engrossed | - 7 - | LRB099 03029 SXM 23037 b |
|
| 1 | | municipality may reasonably find that the factor is clearly | 2 | | present
within the intent of the Act and (ii) reasonably | 3 | | distributed throughout the
vacant part of the
| 4 | | redevelopment project area to which it pertains:
| 5 | | (A) Obsolete platting of vacant land that results | 6 | | in parcels of
limited or
narrow size or configurations | 7 | | of parcels of irregular size or shape that would
be | 8 | | difficult to develop on
a planned basis and in a manner | 9 | | compatible with contemporary standards and
| 10 | | requirements, or platting that failed to create | 11 | | rights-of-ways for streets or
alleys or that created | 12 | | inadequate right-of-way widths for streets, alleys, or
| 13 | | other public rights-of-way or that omitted easements | 14 | | for public utilities.
| 15 | | (B) Diversity of ownership of parcels of vacant | 16 | | land sufficient in
number to
retard or impede the | 17 | | ability to assemble the land for development.
| 18 | | (C) Tax and special assessment delinquencies exist | 19 | | or the property has
been the subject of tax sales under | 20 | | the Property Tax Code within the last 5
years.
| 21 | | (D) Deterioration of structures or site | 22 | | improvements in neighboring
areas adjacent to the | 23 | | vacant land.
| 24 | | (E) The area has incurred Illinois Environmental | 25 | | Protection Agency or
United States Environmental | 26 | | Protection Agency remediation costs for, or a study
|
| | | SB0277 Engrossed | - 8 - | LRB099 03029 SXM 23037 b |
|
| 1 | | conducted by an independent consultant recognized as | 2 | | having expertise in
environmental remediation has | 3 | | determined a need for, the
clean-up of hazardous
waste, | 4 | | hazardous substances, or underground storage tanks | 5 | | required by State or
federal law, provided that the | 6 | | remediation costs
constitute a material impediment to | 7 | | the development or redevelopment of
the
redevelopment | 8 | | project area.
| 9 | | (F) The total equalized assessed value of the | 10 | | proposed redevelopment
project area has declined for 3 | 11 | | of the last 5 calendar years
prior to the year in which | 12 | | the redevelopment project area is designated
or is | 13 | | increasing at an
annual rate that is less
than the | 14 | | balance of the municipality for 3 of the last 5 | 15 | | calendar years for
which information is available or is | 16 | | increasing at an annual rate that is less
than
the | 17 | | Consumer Price Index
for All Urban Consumers published | 18 | | by the United States Department of Labor or
successor | 19 | | agency for 3 of the last 5 calendar years
prior to the | 20 | | year in which the redevelopment project area is | 21 | | designated.
| 22 | | (3) If vacant, the sound growth of the redevelopment | 23 | | project area is
impaired by one of the
following factors | 24 | | that (i) is present, with that presence documented, to a
| 25 | | meaningful extent so that a municipality may reasonably | 26 | | find that the factor is
clearly
present within the intent |
| | | SB0277 Engrossed | - 9 - | LRB099 03029 SXM 23037 b |
|
| 1 | | of the Act and (ii) is reasonably distributed
throughout | 2 | | the vacant part of the
redevelopment project area to which | 3 | | it pertains:
| 4 | | (A) The area consists of one or more unused | 5 | | quarries, mines, or strip
mine ponds.
| 6 | | (B) The area consists of unused rail yards, rail | 7 | | tracks, or railroad
rights-of-way.
| 8 | | (C) The area, prior to its designation, is subject | 9 | | to (i) chronic
flooding
that adversely impacts on real | 10 | | property in the area as certified by a
registered
| 11 | | professional engineer or appropriate regulatory agency | 12 | | or (ii) surface water
that
discharges from all or a | 13 | | part of the area and contributes to flooding within
the
| 14 | | same watershed, but only if the redevelopment project | 15 | | provides for facilities
or
improvements to contribute | 16 | | to the alleviation of all or part of the
flooding.
| 17 | | (D) The area consists of an unused or illegal | 18 | | disposal site containing
earth,
stone, building | 19 | | debris, or similar materials that were removed from
| 20 | | construction, demolition, excavation, or dredge sites.
| 21 | | (E) Prior to November 1, 1999, the area
is not less | 22 | | than 50 nor more than 100 acres and 75%
of which is | 23 | | vacant (notwithstanding that the area has been used
for | 24 | | commercial agricultural purposes within 5 years prior | 25 | | to the designation
of the redevelopment project area), | 26 | | and the area meets at least one of
the factors itemized |
| | | SB0277 Engrossed | - 10 - | LRB099 03029 SXM 23037 b |
|
| 1 | | in paragraph (1) of this subsection, the area
has been | 2 | | designated as a town or village center by ordinance or | 3 | | comprehensive
plan adopted prior to January 1, 1982, | 4 | | and the area has not been developed
for that designated | 5 | | purpose.
| 6 | | (F) The area qualified as a blighted improved area | 7 | | immediately prior to
becoming vacant, unless there has | 8 | | been substantial private investment in the
immediately | 9 | | surrounding area.
| 10 | | (4) A redevelopment project area within a transit | 11 | | facility improvement area that has been designated under | 12 | | Section 11-74.4-3.3 of this Code. | 13 | | (b) For any redevelopment project area that has been | 14 | | designated pursuant
to this
Section by an ordinance adopted | 15 | | prior to November 1, 1999 (the effective
date of Public Act
| 16 | | 91-478), "conservation area" shall have the meaning
set forth | 17 | | in this
Section prior to that date.
| 18 | | On and after November 1, 1999,
"conservation area" means | 19 | | any improved area within the boundaries
of a redevelopment | 20 | | project area located within the territorial limits of
the | 21 | | municipality in which 50% or more of the structures in the area | 22 | | have
an age of 35 years or more.
Such an area is not yet a | 23 | | blighted area but
because of a combination of 3 or more of the | 24 | | following factors is detrimental
to the public safety, health, | 25 | | morals
or welfare and such an area may become a blighted area:
| 26 | | (1) Dilapidation. An advanced state of disrepair or |
| | | SB0277 Engrossed | - 11 - | LRB099 03029 SXM 23037 b |
|
| 1 | | neglect of
necessary
repairs to the primary structural | 2 | | components of buildings or improvements in
such a | 3 | | combination that a documented building condition analysis | 4 | | determines
that major repair is required or the defects are | 5 | | so serious and so extensive
that the buildings must be | 6 | | removed.
| 7 | | (2) Obsolescence. The condition or process of falling | 8 | | into disuse.
Structures have become ill-suited for the | 9 | | original use.
| 10 | | (3) Deterioration. With respect to buildings, defects
| 11 | | including, but not limited to, major defects in
the | 12 | | secondary building components such as doors, windows, | 13 | | porches, gutters and
downspouts, and fascia. With respect | 14 | | to surface improvements, that the
condition of roadways, | 15 | | alleys, curbs, gutters, sidewalks, off-street parking,
and | 16 | | surface storage areas evidence deterioration, including, | 17 | | but not limited
to, surface cracking, crumbling, potholes, | 18 | | depressions, loose paving material,
and weeds protruding | 19 | | through paved surfaces.
| 20 | | (4) Presence of structures below minimum code | 21 | | standards. All structures
that do not meet the standards of | 22 | | zoning, subdivision, building, fire, and
other | 23 | | governmental codes applicable to property, but not | 24 | | including housing and
property maintenance codes.
| 25 | | (5) Illegal use of individual structures. The use of | 26 | | structures in
violation of applicable federal, State, or |
| | | SB0277 Engrossed | - 12 - | LRB099 03029 SXM 23037 b |
|
| 1 | | local laws, exclusive of those
applicable to the presence | 2 | | of structures below minimum code standards.
| 3 | | (6) Excessive vacancies. The presence of
buildings | 4 | | that are unoccupied or under-utilized and that represent an | 5 | | adverse
influence on the area because of the frequency, | 6 | | extent, or duration of the
vacancies.
| 7 | | (7) Lack of ventilation, light, or sanitary | 8 | | facilities. The absence of
adequate ventilation for light | 9 | | or air circulation in spaces or rooms without
windows, or | 10 | | that require the removal of dust, odor, gas, smoke, or | 11 | | other
noxious airborne materials. Inadequate natural light | 12 | | and ventilation means
the absence or inadequacy of | 13 | | skylights or windows for interior spaces or rooms
and | 14 | | improper
window sizes and amounts by room area to window | 15 | | area ratios. Inadequate
sanitary facilities refers to the | 16 | | absence or inadequacy of garbage storage and
enclosure,
| 17 | | bathroom facilities, hot water and kitchens, and | 18 | | structural inadequacies
preventing ingress and egress to | 19 | | and from all rooms and units within a
building.
| 20 | | (8) Inadequate utilities. Underground and overhead | 21 | | utilities
such as storm sewers and storm drainage, sanitary | 22 | | sewers, water lines, and gas,
telephone, and
electrical | 23 | | services that are shown to be inadequate. Inadequate | 24 | | utilities are
those that are: (i) of insufficient capacity | 25 | | to serve the uses in the
redevelopment project area, (ii) | 26 | | deteriorated,
antiquated, obsolete, or in disrepair, or |
| | | SB0277 Engrossed | - 13 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (iii) lacking within the
redevelopment project area.
| 2 | | (9) Excessive land coverage and overcrowding of | 3 | | structures and community
facilities. The over-intensive | 4 | | use of property and the crowding of buildings
and accessory | 5 | | facilities onto a site. Examples of problem conditions
| 6 | | warranting the designation of an area as one exhibiting | 7 | | excessive land coverage
are: the presence of buildings | 8 | | either improperly situated on parcels or located
on parcels | 9 | | of inadequate size and shape in relation to present-day | 10 | | standards of
development for health and safety and the | 11 | | presence of multiple buildings on a
single parcel. For | 12 | | there to be a finding of excessive land coverage,
these | 13 | | parcels must exhibit one or more of the following | 14 | | conditions:
insufficient provision for
light and air | 15 | | within or around buildings, increased threat of spread of | 16 | | fire
due to the close proximity of buildings, lack of | 17 | | adequate or proper access to a
public right-of-way, lack of | 18 | | reasonably required off-street parking, or
inadequate | 19 | | provision for loading and service.
| 20 | | (10) Deleterious land use or layout. The existence of | 21 | | incompatible
land-use
relationships, buildings occupied by | 22 | | inappropriate mixed-uses, or uses
considered to be | 23 | | noxious, offensive, or unsuitable for the
surrounding | 24 | | area.
| 25 | | (11) Lack of community planning. The proposed | 26 | | redevelopment project area
was
developed prior to or |
| | | SB0277 Engrossed | - 14 - | LRB099 03029 SXM 23037 b |
|
| 1 | | without the benefit or guidance of a community plan.
This | 2 | | means that the development occurred prior to the adoption | 3 | | by the
municipality of a comprehensive or other community | 4 | | plan or that the plan was
not followed at the time of the | 5 | | area's development. This factor must be
documented by | 6 | | evidence of adverse or incompatible land-use | 7 | | relationships,
inadequate street layout, improper | 8 | | subdivision, parcels of inadequate shape and
size to meet | 9 | | contemporary development standards, or other evidence
| 10 | | demonstrating
an absence of effective community planning.
| 11 | | (12) The area has incurred Illinois Environmental | 12 | | Protection Agency or
United
States Environmental | 13 | | Protection Agency remediation costs for, or a study
| 14 | | conducted by an independent consultant recognized as | 15 | | having expertise in
environmental remediation has | 16 | | determined a need for, the clean-up of hazardous
waste, | 17 | | hazardous substances, or underground storage tanks | 18 | | required by State
or federal law, provided that the | 19 | | remediation costs constitute a material
impediment to the | 20 | | development or redevelopment of the redevelopment project
| 21 | | area.
| 22 | | (13) The total equalized assessed value of the proposed | 23 | | redevelopment
project area has declined 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 balance | 26 | | of
the municipality for 3 of the last 5 calendar years for |
| | | SB0277 Engrossed | - 15 - | LRB099 03029 SXM 23037 b |
|
| 1 | | which information is
available or is increasing at an | 2 | | annual rate that is less
than the Consumer Price Index for | 3 | | All Urban Consumers published by the United
States | 4 | | Department of Labor or successor agency for 3 of the last 5 | 5 | | calendar
years for which information is available.
| 6 | | (c) "Industrial park" means an area in a blighted or | 7 | | conservation
area suitable for use by any manufacturing, | 8 | | industrial, research or
transportation enterprise, of | 9 | | facilities to include but not be limited to
factories, mills, | 10 | | processing plants, assembly plants, packing plants,
| 11 | | fabricating plants, industrial distribution centers, | 12 | | warehouses, repair
overhaul or service facilities, freight | 13 | | terminals, research facilities,
test facilities or railroad | 14 | | facilities.
| 15 | | (d) "Industrial park conservation area" means an area | 16 | | within the
boundaries of a redevelopment project area located | 17 | | within the territorial
limits of a municipality that is a labor | 18 | | surplus municipality or within 1
1/2 miles of the territorial | 19 | | limits of a municipality that is a labor
surplus municipality | 20 | | if the area is annexed to the municipality; which
area is zoned | 21 | | as industrial no later than at the time the municipality by
| 22 | | ordinance designates the redevelopment project area, and which | 23 | | area
includes both vacant land suitable for use as an | 24 | | industrial park and a
blighted area or conservation area | 25 | | contiguous to such vacant land.
| 26 | | (e) "Labor surplus municipality" means a municipality in |
| | | SB0277 Engrossed | - 16 - | LRB099 03029 SXM 23037 b |
|
| 1 | | which, at any
time during the 6 months before the municipality | 2 | | by ordinance designates
an industrial park conservation area, | 3 | | the unemployment rate was over 6% and was
also 100% or more of | 4 | | the national average unemployment rate for that same
time as | 5 | | published in the United States Department of Labor Bureau of | 6 | | Labor
Statistics publication entitled "The Employment | 7 | | Situation" or its successor
publication. For the purpose of | 8 | | this subsection, if unemployment rate
statistics for the | 9 | | municipality are not available, the unemployment rate in
the | 10 | | municipality shall be deemed to be the same as the unemployment | 11 | | rate in
the principal county in which the municipality is | 12 | | located.
| 13 | | (f) "Municipality" shall mean a city, village, | 14 | | incorporated town, or a township that is located in the | 15 | | unincorporated portion of a county with 3 million or more | 16 | | inhabitants, if the county adopted an ordinance that approved | 17 | | the township's redevelopment plan.
| 18 | | (g) "Initial Sales Tax Amounts" means the amount of taxes | 19 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 20 | | Service Use Tax Act, the
Service Occupation Tax Act, the | 21 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 22 | | Service Occupation Tax Act by
retailers and servicemen on | 23 | | transactions at places located in a
State Sales Tax Boundary | 24 | | during the calendar year 1985.
| 25 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount | 26 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
| | | SB0277 Engrossed | - 17 - | LRB099 03029 SXM 23037 b |
|
| 1 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | 2 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 3 | | Service Occupation Tax Act by retailers and servicemen on
| 4 | | transactions at places located within the State Sales Tax | 5 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| 6 | | (h) "Municipal Sales Tax Increment" means an amount equal | 7 | | to the
increase in the aggregate amount of taxes paid to a | 8 | | municipality from the
Local Government Tax Fund arising from | 9 | | sales by retailers and servicemen
within the redevelopment | 10 | | project area or State Sales Tax Boundary, as
the case may be, | 11 | | for as long as the redevelopment project area or State
Sales | 12 | | Tax Boundary, as the case may be, exist over and above the | 13 | | aggregate
amount of taxes as certified by the Illinois | 14 | | Department of Revenue and paid
under the Municipal Retailers' | 15 | | Occupation Tax Act and the Municipal Service
Occupation Tax Act | 16 | | by retailers and servicemen, on transactions at places
of | 17 | | business located in the redevelopment project area or State | 18 | | Sales Tax
Boundary, as the case may be, during the
base year | 19 | | which shall be the calendar year immediately prior to the year | 20 | | in
which the municipality adopted tax increment allocation | 21 | | financing. For
purposes of computing the aggregate amount of | 22 | | such taxes for base years
occurring prior to 1985, the | 23 | | Department of Revenue shall determine the
Initial Sales Tax | 24 | | Amounts for such taxes and deduct therefrom an amount
equal to | 25 | | 4% of the aggregate amount of taxes per year for each year the
| 26 | | base year is prior to 1985, but not to exceed a total deduction |
| | | SB0277 Engrossed | - 18 - | LRB099 03029 SXM 23037 b |
|
| 1 | | of 12%.
The amount so determined shall be known as the | 2 | | "Adjusted Initial Sales Tax
Amounts". For purposes of | 3 | | determining the Municipal Sales Tax Increment,
the Department | 4 | | of Revenue shall for each period subtract from the amount
paid | 5 | | to the municipality from the Local Government Tax Fund arising | 6 | | from
sales by retailers and servicemen on transactions
located | 7 | | in the redevelopment project area or the State Sales Tax | 8 | | Boundary,
as the case may be, the certified Initial Sales Tax
| 9 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 10 | | Initial
Sales Tax Amounts for the Municipal Retailers'
| 11 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 12 | | Act. For the State Fiscal Year 1989, this calculation shall
be | 13 | | made by utilizing the calendar year 1987 to determine the tax | 14 | | amounts
received. For the State Fiscal Year 1990, this | 15 | | calculation shall be made
by utilizing the period from January | 16 | | 1, 1988, until September 30, 1988, to
determine the tax amounts | 17 | | received from retailers and servicemen pursuant
to the | 18 | | Municipal Retailers' Occupation Tax and the Municipal Service
| 19 | | Occupation Tax Act, which shall have deducted therefrom
| 20 | | nine-twelfths of the certified Initial Sales Tax Amounts, the | 21 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | 22 | | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | 23 | | this calculation shall be made by utilizing
the period from | 24 | | October 1, 1988, to June 30, 1989, to determine the tax
amounts | 25 | | received from retailers and servicemen pursuant to the | 26 | | Municipal
Retailers' Occupation Tax and the Municipal Service |
| | | SB0277 Engrossed | - 19 - | LRB099 03029 SXM 23037 b |
|
| 1 | | Occupation Tax Act
which shall have deducted therefrom | 2 | | nine-twelfths of the
certified Initial Sales Tax Amounts, | 3 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | 4 | | Tax Amounts as appropriate. For every
State Fiscal Year | 5 | | thereafter, the applicable period shall be the 12 months
| 6 | | beginning July 1 and ending June 30 to determine the tax | 7 | | amounts received
which shall have deducted therefrom the | 8 | | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | 9 | | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | 10 | | case may be.
| 11 | | (i) "Net State Sales Tax Increment" means the sum of the | 12 | | following: (a)
80% of the first $100,000 of State Sales Tax | 13 | | Increment annually generated
within a State Sales Tax Boundary; | 14 | | (b) 60% of the amount in excess of
$100,000 but not exceeding | 15 | | $500,000 of State Sales Tax Increment annually
generated within | 16 | | a State Sales Tax Boundary; and (c) 40% of all amounts in
| 17 | | excess of $500,000 of State Sales Tax Increment annually | 18 | | generated within a
State Sales Tax Boundary. If, however, a | 19 | | municipality established a tax
increment financing district in | 20 | | a county with a population in excess of
3,000,000 before | 21 | | January 1, 1986, and the municipality entered into a
contract | 22 | | or issued bonds after January 1, 1986, but before December 31, | 23 | | 1986,
to finance redevelopment project costs within a State | 24 | | Sales Tax
Boundary, then the Net State Sales Tax Increment | 25 | | means, for the fiscal years
beginning July 1, 1990, and July 1, | 26 | | 1991, 100% of the State Sales Tax
Increment annually generated |
| | | SB0277 Engrossed | - 20 - | LRB099 03029 SXM 23037 b |
|
| 1 | | within a State Sales Tax Boundary; and
notwithstanding any | 2 | | other provision of this Act, for those fiscal years the
| 3 | | Department of Revenue shall distribute to those municipalities | 4 | | 100% of
their Net State Sales Tax Increment before any | 5 | | distribution to any other
municipality and regardless of | 6 | | whether or not those other municipalities
will receive 100% of | 7 | | their Net State Sales Tax Increment. For Fiscal Year
1999, and | 8 | | every year thereafter until the year 2007, for any municipality
| 9 | | that has not entered into a contract or has not issued bonds | 10 | | prior to June
1, 1988 to finance redevelopment project costs | 11 | | within a State Sales Tax
Boundary, the Net State Sales Tax | 12 | | Increment shall be calculated as follows:
By multiplying the | 13 | | Net State Sales Tax Increment by 90% in the State Fiscal
Year | 14 | | 1999; 80% in the State Fiscal Year 2000; 70% in the State | 15 | | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | 16 | | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | 17 | | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | 18 | | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | 19 | | be made for State Fiscal Year 2008 and thereafter.
| 20 | | Municipalities that issued bonds in connection with a | 21 | | redevelopment project
in a redevelopment project area within | 22 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that | 23 | | entered into contracts in connection with a redevelopment | 24 | | project in
a redevelopment project area before June 1, 1988,
| 25 | | shall continue to receive their proportional share of the
| 26 | | Illinois Tax Increment Fund distribution until the date on |
| | | SB0277 Engrossed | - 21 - | LRB099 03029 SXM 23037 b |
|
| 1 | | which the
redevelopment project is completed or terminated.
If, | 2 | | however, a municipality that issued bonds in connection with a
| 3 | | redevelopment project in a redevelopment project area within | 4 | | the State Sales
Tax Boundary prior to July 29, 1991 retires the | 5 | | bonds prior to June 30, 2007 or
a municipality that entered | 6 | | into contracts in connection with a redevelopment
project in a | 7 | | redevelopment project area before June 1, 1988 completes the
| 8 | | contracts prior to June 30, 2007, then so long as the | 9 | | redevelopment project is
not
completed or is not terminated, | 10 | | the Net State Sales Tax Increment shall be
calculated, | 11 | | beginning on the date on which the bonds are retired or the
| 12 | | contracts are completed, as follows: By multiplying the Net | 13 | | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | 14 | | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | 15 | | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | 16 | | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | 17 | | payment shall be made for State Fiscal Year
2008 and | 18 | | thereafter.
Refunding of any bonds issued
prior to July 29, | 19 | | 1991, shall not alter the Net State Sales Tax Increment.
| 20 | | (j) "State Utility Tax Increment Amount" means an amount | 21 | | equal to the
aggregate increase in State electric and gas tax | 22 | | charges imposed on owners
and tenants, other than residential | 23 | | customers, of properties located within
the redevelopment | 24 | | project area under Section 9-222 of the Public Utilities
Act, | 25 | | over and above the aggregate of such charges as certified by | 26 | | the
Department of Revenue and paid by owners and tenants, other |
| | | SB0277 Engrossed | - 22 - | LRB099 03029 SXM 23037 b |
|
| 1 | | than
residential customers, of properties within the | 2 | | redevelopment project area
during the base year, which shall be | 3 | | the calendar year immediately prior to
the year of the adoption | 4 | | of the ordinance authorizing tax increment allocation
| 5 | | financing.
| 6 | | (k) "Net State Utility Tax Increment" means the sum of the | 7 | | following:
(a) 80% of the first $100,000 of State Utility Tax | 8 | | Increment annually
generated by a redevelopment project area; | 9 | | (b) 60% of the amount in excess
of $100,000 but not exceeding | 10 | | $500,000 of the State Utility Tax Increment
annually generated | 11 | | by a redevelopment project area; and (c) 40% of all
amounts in | 12 | | excess of $500,000 of State Utility Tax Increment annually
| 13 | | generated by a redevelopment project area. For the State Fiscal | 14 | | Year 1999,
and every year thereafter until the year 2007, for | 15 | | any municipality that
has not entered into a contract or has | 16 | | not issued bonds prior to June 1,
1988 to finance redevelopment | 17 | | project costs within a redevelopment project
area, the Net | 18 | | State Utility Tax Increment shall be calculated as follows:
By | 19 | | multiplying the Net State Utility Tax Increment by 90% in the | 20 | | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | 21 | | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | 22 | | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | 23 | | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | 24 | | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | 25 | | No payment shall be made for the State Fiscal Year 2008
and | 26 | | thereafter.
|
| | | SB0277 Engrossed | - 23 - | LRB099 03029 SXM 23037 b |
|
| 1 | | Municipalities that issue bonds in connection with the | 2 | | redevelopment project
during the period from June 1, 1988 until | 3 | | 3 years after the effective date
of this Amendatory Act of 1988 | 4 | | shall receive the Net State Utility Tax
Increment, subject to | 5 | | appropriation, for 15 State Fiscal Years after the
issuance of | 6 | | such bonds. For the 16th through the 20th State Fiscal Years
| 7 | | after issuance of the bonds, the Net State Utility Tax | 8 | | Increment shall be
calculated as follows: By multiplying the | 9 | | Net State Utility Tax Increment
by 90% in year 16; 80% in year | 10 | | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | 11 | | Refunding of any bonds issued prior to June 1, 1988, shall not
| 12 | | alter the revised Net State Utility Tax Increment payments set | 13 | | forth above.
| 14 | | (l) "Obligations" mean bonds, loans, debentures, notes, | 15 | | special certificates
or other evidence of indebtedness issued | 16 | | by the municipality to carry out
a redevelopment project or to | 17 | | refund outstanding obligations.
| 18 | | (m) "Payment in lieu of taxes" means those estimated tax | 19 | | revenues from
real property in a redevelopment project area | 20 | | derived from real property that
has been acquired by a | 21 | | municipality
which according to the redevelopment project or | 22 | | plan is to be used for a
private use which taxing districts | 23 | | would have received had a municipality
not acquired the real | 24 | | property and adopted tax increment allocation
financing and | 25 | | which would result from
levies made after the time of the | 26 | | adoption of tax increment allocation
financing to the time the |
| | | SB0277 Engrossed | - 24 - | LRB099 03029 SXM 23037 b |
|
| 1 | | current equalized value of real property in the
redevelopment | 2 | | project area exceeds the total initial equalized value of
real | 3 | | property in said area.
| 4 | | (n) "Redevelopment plan" means the comprehensive program | 5 | | of
the municipality for development or redevelopment intended | 6 | | by the payment of
redevelopment project costs to reduce or | 7 | | eliminate those conditions the
existence of which qualified the | 8 | | redevelopment project area as
a "blighted
area" or | 9 | | "conservation area" or combination thereof or "industrial park
| 10 | | conservation area," and thereby to enhance the tax bases of the | 11 | | taxing
districts which extend into the redevelopment project | 12 | | area.
On and after November 1, 1999 (the effective date of
| 13 | | Public Act 91-478), no
redevelopment plan may be approved or | 14 | | amended that includes the development of
vacant land (i) with a | 15 | | golf course and related clubhouse and other facilities
or (ii) | 16 | | designated by federal, State, county, or municipal government | 17 | | as public
land for outdoor recreational activities or for | 18 | | nature preserves and used for
that purpose within 5
years prior | 19 | | to the adoption of the redevelopment plan. For the purpose of
| 20 | | this subsection, "recreational activities" is limited to mean | 21 | | camping and
hunting.
Each
redevelopment plan shall set forth in | 22 | | writing the program to be undertaken
to accomplish the | 23 | | objectives and shall include but not be limited to:
| 24 | | (A) an itemized list of estimated redevelopment | 25 | | project costs;
| 26 | | (B) evidence indicating that the redevelopment project |
| | | SB0277 Engrossed | - 25 - | LRB099 03029 SXM 23037 b |
|
| 1 | | area on the whole
has not been subject to growth and | 2 | | development through investment by private
enterprise;
| 3 | | (C) an assessment of any financial impact of the | 4 | | redevelopment project
area on or any increased demand for | 5 | | services from any taxing district affected
by the plan and | 6 | | any program to address such financial impact or increased
| 7 | | demand;
| 8 | | (D) the sources of funds to pay costs;
| 9 | | (E) the nature and term of the obligations to be | 10 | | issued;
| 11 | | (F) the most recent equalized assessed valuation of the | 12 | | redevelopment
project area;
| 13 | | (G) an estimate as to the equalized assessed valuation | 14 | | after redevelopment
and the general land uses to apply in | 15 | | the redevelopment project area;
| 16 | | (H) a commitment to fair employment practices and an | 17 | | affirmative action
plan;
| 18 | | (I) if it concerns an industrial park
conservation | 19 | | area, the plan shall
also include a general description
of | 20 | | any proposed developer, user and tenant of any property, a | 21 | | description
of the type, structure and general character of | 22 | | the facilities to be
developed, a description of the type, | 23 | | class and number of new employees to
be employed in the | 24 | | operation of the facilities to be developed; and
| 25 | | (J) if property is to be annexed to the municipality, | 26 | | the plan shall
include the terms of the annexation |
| | | SB0277 Engrossed | - 26 - | LRB099 03029 SXM 23037 b |
|
| 1 | | agreement.
| 2 | | The provisions of items (B) and (C) of this subsection (n) | 3 | | shall not apply to
a municipality that before March 14, 1994 | 4 | | (the effective date of Public Act
88-537) had fixed, either by | 5 | | its
corporate authorities or by a commission designated under | 6 | | subsection (k) of
Section 11-74.4-4, a time and place for a | 7 | | public hearing as required by
subsection (a) of Section | 8 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 9 | | municipality complies with all of the following requirements:
| 10 | | (1) The municipality finds that the redevelopment | 11 | | project area on
the whole has not been subject to growth | 12 | | and development through investment
by private enterprise | 13 | | and would not reasonably be anticipated to be
developed | 14 | | without the adoption of the redevelopment plan.
| 15 | | (2) The municipality finds that the redevelopment plan | 16 | | and project conform
to the comprehensive plan for the | 17 | | development of the municipality as a whole,
or, for | 18 | | municipalities with a population of 100,000 or more, | 19 | | regardless of when
the redevelopment plan and project was | 20 | | adopted, the redevelopment plan and
project either: (i) | 21 | | conforms to the strategic economic development or
| 22 | | redevelopment plan issued by the designated planning | 23 | | authority of the
municipality, or (ii) includes land uses | 24 | | that have been approved by the
planning commission of the | 25 | | municipality.
| 26 | | (3) The redevelopment plan establishes the estimated |
| | | SB0277 Engrossed | - 27 - | LRB099 03029 SXM 23037 b |
|
| 1 | | dates of completion
of the redevelopment project and | 2 | | retirement of obligations issued to finance
redevelopment | 3 | | project costs. Those dates may not be later than the dates | 4 | | set forth under Section 11-74.4-3.5.
| 5 | | A municipality may by municipal ordinance amend an | 6 | | existing redevelopment
plan to conform to this paragraph | 7 | | (3) as amended by Public Act 91-478, which
municipal | 8 | | ordinance may be adopted without
further hearing or
notice | 9 | | and without complying with the procedures provided in this | 10 | | Act
pertaining to an amendment to or the initial approval | 11 | | of a redevelopment plan
and project and
designation of a | 12 | | redevelopment project area.
| 13 | | (3.5) The municipality finds, in the case of an | 14 | | industrial
park
conservation area, also that the | 15 | | municipality is a labor surplus municipality
and that the | 16 | | implementation of the redevelopment plan will reduce | 17 | | unemployment,
create new jobs and by the provision of new | 18 | | facilities enhance the tax base of
the taxing districts | 19 | | that extend into the redevelopment project area.
| 20 | | (4) If any incremental revenues are being utilized | 21 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in | 22 | | redevelopment project areas approved by ordinance
after | 23 | | January 1, 1986, the municipality finds: (a) that the | 24 | | redevelopment
project area would not reasonably be | 25 | | developed without the use of such
incremental revenues, and | 26 | | (b) that such incremental revenues will be
exclusively |
| | | SB0277 Engrossed | - 28 - | LRB099 03029 SXM 23037 b |
|
| 1 | | utilized for the development of the redevelopment project | 2 | | area.
| 3 | | (5) If
the redevelopment plan will not result in
| 4 | | displacement of
residents from 10 or more inhabited | 5 | | residential units, and the
municipality certifies in the | 6 | | plan that
such displacement will not result from the plan, | 7 | | a housing impact study
need not be performed.
If, however, | 8 | | the redevelopment plan would result in the displacement
of
| 9 | | residents from 10 or more inhabited
residential units,
or | 10 | | if the redevelopment project area contains 75 or more | 11 | | inhabited residential
units and no
certification is made,
| 12 | | then the municipality shall prepare, as part of the | 13 | | separate
feasibility report required by subsection (a) of | 14 | | Section 11-74.4-5, a housing
impact study.
| 15 | | Part I of the housing impact study shall include (i) | 16 | | data as to whether
the residential units are single family | 17 | | or multi-family units,
(ii) the number and type of rooms | 18 | | within the units, if that information is
available, (iii) | 19 | | whether
the
units are inhabited or uninhabited, as | 20 | | determined not less than 45
days before the date that the | 21 | | ordinance or resolution required
by subsection (a) of | 22 | | Section 11-74.4-5 is passed, and (iv) data as to the
racial | 23 | | and ethnic composition of the residents in the inhabited | 24 | | residential
units. The data requirement as to the racial | 25 | | and ethnic composition of the
residents in the inhabited | 26 | | residential units shall be deemed to be fully
satisfied by |
| | | SB0277 Engrossed | - 29 - | LRB099 03029 SXM 23037 b |
|
| 1 | | data from the most recent federal census.
| 2 | | Part II of the housing impact study shall identify the | 3 | | inhabited
residential units in the proposed redevelopment | 4 | | project area that are to be or
may be removed. If inhabited | 5 | | residential units are to be removed, then the
housing | 6 | | impact study shall identify (i) the number and location of | 7 | | those units
that will or may be removed, (ii) the | 8 | | municipality's plans for relocation
assistance for those | 9 | | residents in the proposed redevelopment project area
whose | 10 | | residences are to be removed, (iii) the availability of | 11 | | replacement
housing for those residents whose residences | 12 | | are to be removed, and shall
identify the type, location, | 13 | | and cost of the housing, and (iv) the type and
extent
of | 14 | | relocation assistance to be provided.
| 15 | | (6) On and after November 1, 1999, the
housing impact | 16 | | study required by paragraph (5) shall be
incorporated in | 17 | | the redevelopment plan for the
redevelopment project area.
| 18 | | (7) On and after November 1, 1999, no
redevelopment | 19 | | plan shall be adopted, nor an
existing plan amended, nor | 20 | | shall residential housing that is
occupied by households of | 21 | | low-income and very low-income
persons in currently | 22 | | existing redevelopment project
areas be removed after | 23 | | November 1, 1999 unless the redevelopment plan provides, | 24 | | with
respect to inhabited housing units that are to be | 25 | | removed for
households of low-income and very low-income | 26 | | persons, affordable
housing and relocation assistance not |
| | | SB0277 Engrossed | - 30 - | LRB099 03029 SXM 23037 b |
|
| 1 | | less than that which would
be provided under the federal | 2 | | Uniform Relocation Assistance and
Real Property | 3 | | Acquisition Policies Act of 1970 and the regulations
under | 4 | | that Act, including the eligibility criteria.
Affordable | 5 | | housing may be either existing or newly constructed
| 6 | | housing. For purposes of this paragraph (7), "low-income
| 7 | | households", "very low-income households", and "affordable
| 8 | | housing" have the meanings set forth in the Illinois | 9 | | Affordable
Housing Act.
The municipality shall make a good | 10 | | faith effort to ensure that this affordable
housing is | 11 | | located in or near the redevelopment project area within | 12 | | the
municipality.
| 13 | | (8) On and after November 1, 1999, if,
after the | 14 | | adoption of the redevelopment plan for the
redevelopment | 15 | | project area, any municipality desires to amend its
| 16 | | redevelopment plan
to remove more inhabited residential | 17 | | units than
specified in its original redevelopment plan, | 18 | | that change shall be made in
accordance with the procedures | 19 | | in subsection (c) of Section 11-74.4-5.
| 20 | | (9) For redevelopment project areas designated prior | 21 | | to November 1,
1999, the redevelopment plan may be amended | 22 | | without further joint review board
meeting or hearing, | 23 | | provided that the municipality shall give notice of any
| 24 | | such changes by mail to each affected taxing district and | 25 | | registrant on the
interested party registry, to authorize | 26 | | the municipality to expend tax
increment revenues for |
| | | SB0277 Engrossed | - 31 - | LRB099 03029 SXM 23037 b |
|
| 1 | | redevelopment project costs defined by paragraphs (5)
and | 2 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and | 3 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | 4 | | long as the changes do not increase the
total estimated | 5 | | redevelopment project costs set out in the redevelopment | 6 | | plan
by more than 5% after adjustment for inflation from | 7 | | the date the plan was
adopted.
| 8 | | (o) "Redevelopment project" means any public and private | 9 | | development project
in furtherance of the objectives of a | 10 | | redevelopment plan.
On and after November 1, 1999 (the | 11 | | effective date of Public Act 91-478), no
redevelopment plan may | 12 | | be approved or amended that includes the development
of vacant | 13 | | land (i) with a golf course and related clubhouse and other
| 14 | | facilities
or (ii) designated by federal, State, county, or | 15 | | municipal government as public
land for outdoor recreational | 16 | | activities or for nature preserves and used for
that purpose | 17 | | within 5
years prior to the adoption of the redevelopment plan. | 18 | | For the purpose of
this subsection, "recreational activities" | 19 | | is limited to mean camping and
hunting.
| 20 | | (p) "Redevelopment project area" means an area designated | 21 | | by
the
municipality, which is not less in the aggregate than 1 | 22 | | 1/2 acres and in
respect to which the municipality has made a | 23 | | finding that there exist
conditions which cause the area to be | 24 | | classified as an industrial park
conservation area or a | 25 | | blighted area or a conservation area, or a
combination of both | 26 | | blighted areas and conservation areas.
|
| | | SB0277 Engrossed | - 32 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (p-1) Notwithstanding any provision of this Act to the | 2 | | contrary, on and after August 25, 2009 (the effective date of | 3 | | Public Act 96-680), a redevelopment project area may include | 4 | | areas within a one-half mile radius of an existing or proposed | 5 | | Regional Transportation Authority Suburban Transit Access | 6 | | Route (STAR Line) station without a finding that the area is | 7 | | classified as an industrial park conservation area, a blighted | 8 | | area, a conservation area, or a combination thereof, but only | 9 | | if the municipality receives unanimous consent from the joint | 10 | | review board created to review the proposed redevelopment | 11 | | project area. | 12 | | (q) "Redevelopment project costs", except for | 13 | | redevelopment project areas created pursuant to subsection | 14 | | (p-1), means and includes the sum total of all
reasonable or | 15 | | necessary costs incurred or estimated to be incurred, and
any | 16 | | such costs incidental to a redevelopment plan and a | 17 | | redevelopment
project. Such costs include, without limitation, | 18 | | the following:
| 19 | | (1) Costs of studies, surveys, development of plans, | 20 | | and
specifications, implementation and administration of | 21 | | the redevelopment
plan including but not limited to staff | 22 | | and professional service costs for
architectural, | 23 | | engineering, legal, financial, planning or other
services, | 24 | | provided however that no charges for professional services | 25 | | may be
based on a percentage of the tax increment | 26 | | collected; except that on and
after November 1, 1999 (the |
| | | SB0277 Engrossed | - 33 - | LRB099 03029 SXM 23037 b |
|
| 1 | | effective date of Public Act 91-478), no
contracts for
| 2 | | professional services, excluding architectural and | 3 | | engineering services, may be
entered into if the terms of | 4 | | the contract extend
beyond a period of 3 years. In | 5 | | addition, "redevelopment project costs" shall
not include | 6 | | lobbying expenses.
After consultation with the | 7 | | municipality, each tax
increment consultant or advisor to a | 8 | | municipality that plans to designate or
has designated a | 9 | | redevelopment project area shall inform the municipality | 10 | | in
writing of any contracts that the consultant or advisor | 11 | | has entered into with
entities or individuals that have | 12 | | received, or are receiving, payments financed
by tax
| 13 | | increment revenues produced by the redevelopment project | 14 | | area with respect to
which the consultant or advisor has | 15 | | performed, or will be performing, service
for the
| 16 | | municipality. This requirement shall be satisfied by the | 17 | | consultant or advisor
before the commencement of services | 18 | | for the municipality and thereafter
whenever any other | 19 | | contracts with those individuals or entities are executed | 20 | | by
the consultant or advisor;
| 21 | | (1.5) After July 1, 1999, annual administrative costs | 22 | | shall
not include general overhead or
administrative costs | 23 | | of the municipality
that would still have been incurred by | 24 | | the municipality if the municipality had
not
designated a | 25 | | redevelopment project area or approved a redevelopment | 26 | | plan;
|
| | | SB0277 Engrossed | - 34 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (1.6) The cost of
marketing sites within the | 2 | | redevelopment project area to prospective
businesses, | 3 | | developers, and investors;
| 4 | | (2) Property assembly costs, including but not limited | 5 | | to acquisition
of land and other property, real or | 6 | | personal, or rights or interests therein,
demolition of | 7 | | buildings, site preparation, site improvements that serve | 8 | | as an
engineered barrier addressing ground level or below | 9 | | ground environmental
contamination, including, but not | 10 | | limited to parking lots and other concrete
or asphalt | 11 | | barriers, and the clearing and grading of
land;
| 12 | | (3) Costs of rehabilitation, reconstruction or repair | 13 | | or remodeling of
existing public or private buildings, | 14 | | fixtures, and leasehold
improvements; and the cost of | 15 | | replacing
an existing public building if pursuant to the | 16 | | implementation of a
redevelopment project the existing | 17 | | public building is to be demolished to use
the site for | 18 | | private investment or
devoted to a different use requiring | 19 | | private investment; including any direct or indirect costs | 20 | | relating to Green Globes or LEED certified construction | 21 | | elements or construction elements with an equivalent | 22 | | certification;
| 23 | | (4) Costs of the construction of public works or | 24 | | improvements, including any direct or indirect costs | 25 | | relating to Green Globes or LEED certified construction | 26 | | elements or construction elements with an equivalent |
| | | SB0277 Engrossed | - 35 - | LRB099 03029 SXM 23037 b |
|
| 1 | | certification, except
that on and after November 1, 1999,
| 2 | | redevelopment
project costs shall not include the cost of | 3 | | constructing a
new municipal public building principally | 4 | | used to provide
offices, storage space, or conference | 5 | | facilities or vehicle storage,
maintenance, or repair for | 6 | | administrative,
public safety, or public works personnel
| 7 | | and that is not intended to replace an existing
public | 8 | | building as provided under paragraph (3) of subsection (q) | 9 | | of Section
11-74.4-3
unless either (i) the construction of | 10 | | the new municipal building
implements a redevelopment | 11 | | project that was included in a redevelopment plan
that was | 12 | | adopted by the municipality prior to November 1, 1999 or | 13 | | (ii) the
municipality makes a reasonable
determination in | 14 | | the redevelopment plan, supported by information that | 15 | | provides
the basis for that determination, that the new | 16 | | municipal building is required
to meet an increase in the | 17 | | need for public safety purposes anticipated to
result from | 18 | | the implementation of the redevelopment plan;
| 19 | | (5) Costs of job training and retraining projects, | 20 | | including the cost of
"welfare to work" programs | 21 | | implemented by businesses located within the
redevelopment | 22 | | project area;
| 23 | | (6) Financing costs, including but not limited to all | 24 | | necessary and
incidental expenses related to the issuance | 25 | | of obligations and which may
include payment of interest on | 26 | | any obligations issued hereunder including
interest |
| | | SB0277 Engrossed | - 36 - | LRB099 03029 SXM 23037 b |
|
| 1 | | accruing
during the estimated period of construction of any | 2 | | redevelopment project
for which such obligations are | 3 | | issued and for not exceeding 36 months
thereafter and | 4 | | including reasonable reserves related thereto;
| 5 | | (7) To the extent the municipality by written agreement | 6 | | accepts and
approves
the same, all or a portion of a taxing | 7 | | district's capital costs resulting
from the redevelopment | 8 | | project necessarily incurred or to be incurred within a
| 9 | | taxing district in
furtherance of the objectives of the | 10 | | redevelopment plan and project.
| 11 | | (7.5) For redevelopment project areas designated (or | 12 | | redevelopment
project areas amended to add or increase the | 13 | | number of
tax-increment-financing assisted housing units) | 14 | | on or after November 1,
1999,
an elementary, secondary,
or | 15 | | unit school
district's increased costs attributable to | 16 | | assisted housing units located
within the
redevelopment | 17 | | project area for which the developer or redeveloper | 18 | | receives
financial assistance through an agreement with | 19 | | the municipality or because the
municipality incurs the | 20 | | cost of necessary infrastructure improvements within
the | 21 | | boundaries of the assisted housing sites necessary for the | 22 | | completion of
that housing
as authorized by this Act, and | 23 | | which costs shall be paid by the municipality
from the | 24 | | Special Tax Allocation Fund when the tax increment revenue | 25 | | is received
as a result of the assisted housing units and | 26 | | shall be calculated annually as
follows:
|
| | | SB0277 Engrossed | - 37 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (A) for foundation districts, excluding any school | 2 | | district in a
municipality with a population in excess | 3 | | of 1,000,000, by multiplying the
district's increase | 4 | | in attendance resulting from the net increase in new
| 5 | | students enrolled in that school district who reside in | 6 | | housing units within
the redevelopment project area | 7 | | that have received financial assistance through
an | 8 | | agreement with the municipality or because the | 9 | | municipality incurs the cost
of necessary | 10 | | infrastructure improvements within the boundaries of | 11 | | the housing
sites necessary for the completion of that | 12 | | housing as authorized by this Act
since the designation | 13 | | of the redevelopment project area by the most recently
| 14 | | available per capita tuition cost as defined in Section | 15 | | 10-20.12a of the School
Code less any increase in | 16 | | general State aid as defined in Section 18-8.05 of
the | 17 | | School Code attributable to these added new students | 18 | | subject to the
following annual limitations:
| 19 | | (i) for unit school districts with a district | 20 | | average 1995-96 Per
Capita
Tuition Charge of less | 21 | | than $5,900, no more than 25% of the total amount | 22 | | of
property tax increment revenue produced by | 23 | | those housing units that have
received tax | 24 | | increment finance assistance under this Act;
| 25 | | (ii) for elementary school districts with a | 26 | | district average 1995-96
Per
Capita Tuition Charge |
| | | SB0277 Engrossed | - 38 - | LRB099 03029 SXM 23037 b |
|
| 1 | | of less than $5,900, no more than 17% of the total | 2 | | amount
of property tax increment revenue produced | 3 | | by those housing units that have
received tax | 4 | | increment finance assistance under this Act; and
| 5 | | (iii) for secondary school districts with a | 6 | | district average 1995-96
Per
Capita Tuition Charge | 7 | | of less than $5,900, no more than 8% of the total | 8 | | amount
of property tax increment revenue produced | 9 | | by those housing units that have
received tax | 10 | | increment finance assistance under this Act.
| 11 | | (B) For alternate method districts, flat grant | 12 | | districts, and foundation
districts with a district | 13 | | average 1995-96 Per Capita Tuition Charge equal to or
| 14 | | more than $5,900, excluding any school district with a | 15 | | population in excess of
1,000,000, by multiplying the | 16 | | district's increase in attendance
resulting
from the | 17 | | net increase in new students enrolled in that school | 18 | | district who
reside in
housing units within the | 19 | | redevelopment project area that have received
| 20 | | financial assistance through an agreement with the | 21 | | municipality or because the
municipality incurs the | 22 | | cost of necessary infrastructure improvements within
| 23 | | the boundaries of the housing sites necessary for the | 24 | | completion of that
housing as authorized by this Act | 25 | | since the designation of the redevelopment
project | 26 | | area by the most recently available per capita tuition |
| | | SB0277 Engrossed | - 39 - | LRB099 03029 SXM 23037 b |
|
| 1 | | cost as defined
in Section 10-20.12a of the School Code | 2 | | less any increase in general state aid
as defined in | 3 | | Section 18-8.05 of the School Code attributable to | 4 | | these added
new students subject to the following | 5 | | annual limitations:
| 6 | | (i) for unit school districts, no more than 40% | 7 | | of the total amount of
property tax increment | 8 | | revenue produced by those housing units that have
| 9 | | received tax increment finance assistance under | 10 | | this Act;
| 11 | | (ii) for elementary school districts, no more | 12 | | than 27% of the total
amount
of property tax | 13 | | increment revenue produced by those housing units | 14 | | that have
received tax increment finance | 15 | | assistance under this Act; and
| 16 | | (iii) for secondary school districts, no more | 17 | | than 13% of the total
amount
of property tax | 18 | | increment revenue produced by those housing units | 19 | | that have
received tax increment finance | 20 | | assistance under this Act.
| 21 | | (C) For any school district in a municipality with | 22 | | a population in
excess of
1,000,000, the following | 23 | | restrictions shall apply to the
reimbursement of | 24 | | increased costs under this paragraph (7.5):
| 25 | | (i) no increased costs shall be reimbursed | 26 | | unless the school district
certifies that each of |
| | | SB0277 Engrossed | - 40 - | LRB099 03029 SXM 23037 b |
|
| 1 | | the schools affected by the assisted housing | 2 | | project
is at or over its student capacity;
| 3 | | (ii) the amount reimbursable shall be reduced | 4 | | by the value of any
land
donated to the school | 5 | | district by the municipality or developer, and by | 6 | | the
value of any physical improvements made to the | 7 | | schools by the
municipality or developer; and
| 8 | | (iii) the amount reimbursed may not affect | 9 | | amounts otherwise obligated
by
the terms of any | 10 | | bonds, notes, or other funding instruments, or the | 11 | | terms of
any redevelopment agreement.
| 12 | | Any school district seeking payment under this | 13 | | paragraph (7.5) shall,
after July 1 and before | 14 | | September 30 of each year,
provide the municipality | 15 | | with reasonable evidence to support its claim for
| 16 | | reimbursement before the municipality shall be | 17 | | required to approve or make
the payment to the school | 18 | | district. If the school district fails to provide
the | 19 | | information during this period in any year, it shall | 20 | | forfeit any claim to
reimbursement for that year. | 21 | | School districts may adopt a resolution
waiving the | 22 | | right to all or a portion of the reimbursement | 23 | | otherwise required
by this paragraph
(7.5). By | 24 | | acceptance of this reimbursement the school
district | 25 | | waives the right to directly or indirectly set aside, | 26 | | modify, or
contest in any manner the establishment of |
| | | SB0277 Engrossed | - 41 - | LRB099 03029 SXM 23037 b |
|
| 1 | | the redevelopment project area or
projects;
| 2 | | (7.7) For redevelopment project areas designated (or | 3 | | redevelopment
project areas amended to add or increase the | 4 | | number of
tax-increment-financing assisted housing units) | 5 | | on or after
January 1, 2005 (the effective date of Public | 6 | | Act 93-961),
a public library
district's increased costs | 7 | | attributable to assisted housing units located
within the
| 8 | | redevelopment project area for which the developer or | 9 | | redeveloper receives
financial assistance through an | 10 | | agreement with the municipality or because the
| 11 | | municipality incurs the cost of necessary infrastructure | 12 | | improvements within
the boundaries of the assisted housing | 13 | | sites necessary for the completion of
that housing
as | 14 | | authorized by this Act shall be paid to the library | 15 | | district by the
municipality
from the Special Tax | 16 | | Allocation Fund when the tax increment revenue is received
| 17 | | as a result of the assisted housing units. This paragraph | 18 | | (7.7) applies only if (i) the library district is located | 19 | | in a county that is subject to the Property Tax Extension | 20 | | Limitation Law or (ii) the library district is not located | 21 | | in a county that is subject to the Property Tax Extension | 22 | | Limitation Law but the district is prohibited by any other | 23 | | law from increasing its tax levy rate without a prior voter | 24 | | referendum.
| 25 | | The amount paid to a library district under this | 26 | | paragraph (7.7) shall be
calculated
by multiplying (i) the |
| | | SB0277 Engrossed | - 42 - | LRB099 03029 SXM 23037 b |
|
| 1 | | net increase in the number of persons eligible to obtain
a
| 2 | | library card
in that district who reside in housing units | 3 | | within
the redevelopment project area that have received | 4 | | financial assistance through
an agreement with the | 5 | | municipality or because the municipality incurs the cost
of | 6 | | necessary infrastructure improvements within the | 7 | | boundaries of the housing
sites necessary for the | 8 | | completion of that housing as authorized by this Act
since | 9 | | the designation of the redevelopment project area by (ii)
| 10 | | the per-patron cost of providing library services so long | 11 | | as it does not exceed $120.
The per-patron cost shall be | 12 | | the Total Operating Expenditures Per Capita for the library | 13 | | in the previous fiscal year.
The municipality may deduct | 14 | | from the amount that it must pay to a library district | 15 | | under this paragraph any amount that it has voluntarily | 16 | | paid to the library district from the tax increment | 17 | | revenue. The amount paid to a library district under this | 18 | | paragraph (7.7) shall be no
more
than 2% of the amount | 19 | | produced by the assisted housing units and deposited into | 20 | | the Special Tax Allocation Fund.
| 21 | | A library district is not eligible for any payment | 22 | | under this paragraph
(7.7)
unless the library district has | 23 | | experienced an increase in the
number of patrons from the | 24 | | municipality that created the tax-increment-financing | 25 | | district since the designation of the redevelopment | 26 | | project area.
|
| | | SB0277 Engrossed | - 43 - | LRB099 03029 SXM 23037 b |
|
| 1 | | Any library district seeking payment under this | 2 | | paragraph (7.7) shall,
after July 1 and before September 30 | 3 | | of each year,
provide the municipality with convincing | 4 | | evidence to support its claim for
reimbursement before the | 5 | | municipality shall be required to approve or make
the | 6 | | payment to the library district. If the library district | 7 | | fails to provide
the information during this period in any | 8 | | year, it shall forfeit any claim to
reimbursement for that | 9 | | year. Library districts may adopt a resolution
waiving the | 10 | | right to all or a portion of the reimbursement otherwise | 11 | | required by this paragraph (7.7). By acceptance of such | 12 | | reimbursement, the library district shall forfeit any | 13 | | right to directly or indirectly set aside, modify, or | 14 | | contest in any manner whatsoever the establishment of the | 15 | | redevelopment project area or
projects;
| 16 | | (8) Relocation costs to the extent that a municipality | 17 | | determines that
relocation costs shall be paid or is | 18 | | required to make payment of relocation
costs by federal or | 19 | | State law or in order to satisfy subparagraph (7) of
| 20 | | subsection (n);
| 21 | | (9) Payment in lieu of taxes;
| 22 | | (10) Costs of job training, retraining, advanced | 23 | | vocational education
or career
education, including but | 24 | | not limited to courses in occupational,
semi-technical or | 25 | | technical fields leading directly to employment, incurred
| 26 | | by one or more taxing districts, provided that such costs |
| | | SB0277 Engrossed | - 44 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (i) are related
to the establishment and maintenance of | 2 | | additional job training, advanced
vocational education or | 3 | | career education programs for persons employed or
to be | 4 | | employed by employers located in a redevelopment project | 5 | | area; and
(ii) when incurred by a taxing district or taxing | 6 | | districts other than the
municipality, are set forth in a | 7 | | written agreement by or among the
municipality and the | 8 | | taxing district or taxing districts, which agreement
| 9 | | describes the program to be undertaken, including but not | 10 | | limited to the
number of employees to be trained, a | 11 | | description of the training and
services to be provided, | 12 | | the number and type of positions available or to
be | 13 | | available, itemized costs of the program and sources of | 14 | | funds to pay for the
same, and the term of the agreement. | 15 | | Such costs include, specifically, the
payment by community | 16 | | college districts of costs pursuant to Sections 3-37,
3-38, | 17 | | 3-40 and 3-40.1 of the Public Community College Act and by | 18 | | school
districts of costs pursuant to Sections 10-22.20a | 19 | | and 10-23.3a of The School
Code;
| 20 | | (11) Interest cost incurred by a redeveloper related to | 21 | | the
construction, renovation or rehabilitation of a | 22 | | redevelopment project
provided that:
| 23 | | (A) such costs are to be paid directly from the | 24 | | special tax
allocation fund established pursuant to | 25 | | this Act;
| 26 | | (B) such payments in any one year may not exceed |
| | | SB0277 Engrossed | - 45 - | LRB099 03029 SXM 23037 b |
|
| 1 | | 30% of the annual
interest costs incurred by the | 2 | | redeveloper with regard to the redevelopment
project | 3 | | during that year;
| 4 | | (C) if there are not sufficient funds available in | 5 | | the special tax
allocation fund to make the payment | 6 | | pursuant to this paragraph (11) then
the amounts so due | 7 | | shall accrue and be payable when sufficient funds are
| 8 | | available in the special tax allocation fund;
| 9 | | (D) the total of such interest payments paid | 10 | | pursuant to this Act
may not exceed 30% of the total | 11 | | (i) cost paid or incurred by the
redeveloper for the | 12 | | redevelopment project plus (ii) redevelopment project
| 13 | | costs excluding any property assembly costs and any | 14 | | relocation costs
incurred by a municipality pursuant | 15 | | to this Act; and
| 16 | | (E) the cost limits set forth in subparagraphs (B) | 17 | | and (D) of
paragraph (11) shall be modified for the | 18 | | financing of rehabilitated or
new housing units for | 19 | | low-income households and very low-income households, | 20 | | as
defined in
Section 3 of the Illinois Affordable | 21 | | Housing Act. The percentage of
75% shall be substituted | 22 | | for 30% in subparagraphs (B) and (D) of
paragraph (11).
| 23 | | (F) Instead of the eligible costs provided by | 24 | | subparagraphs (B) and (D)
of
paragraph (11), as | 25 | | modified by this subparagraph, and notwithstanding
any | 26 | | other provisions of this Act to the contrary, the |
| | | SB0277 Engrossed | - 46 - | LRB099 03029 SXM 23037 b |
|
| 1 | | municipality may
pay from tax increment revenues up to | 2 | | 50% of the cost of construction
of new housing units to | 3 | | be occupied by low-income households and very
| 4 | | low-income
households as defined in Section 3 of the | 5 | | Illinois Affordable Housing
Act. The cost of | 6 | | construction of those units may be derived from the
| 7 | | proceeds of bonds issued by the municipality under this | 8 | | Act or
other constitutional or statutory authority or | 9 | | from other sources of
municipal revenue that may be | 10 | | reimbursed from tax increment
revenues or the proceeds | 11 | | of bonds issued to finance the construction
of that | 12 | | housing.
| 13 | | The eligible costs provided under this | 14 | | subparagraph (F) of paragraph (11)
shall
be
an eligible | 15 | | cost for the construction, renovation, and | 16 | | rehabilitation of all
low and very low-income housing | 17 | | units, as defined in Section 3 of the Illinois
| 18 | | Affordable Housing Act, within the redevelopment | 19 | | project area. If the low and
very
low-income units are | 20 | | part of a residential redevelopment project that | 21 | | includes
units not affordable to low and very | 22 | | low-income households, only the low and
very | 23 | | low-income units shall be eligible for benefits under | 24 | | subparagraph (F) of
paragraph (11).
The standards for | 25 | | maintaining the occupancy
by low-income households and | 26 | | very low-income households,
as
defined in Section 3 of |
| | | SB0277 Engrossed | - 47 - | LRB099 03029 SXM 23037 b |
|
| 1 | | the Illinois Affordable Housing Act,
of those units | 2 | | constructed with eligible costs made available under | 3 | | the
provisions of
this subparagraph (F) of paragraph | 4 | | (11)
shall be
established by guidelines adopted by the | 5 | | municipality. The
responsibility for annually | 6 | | documenting the initial occupancy of
the units by | 7 | | low-income households and very low-income households, | 8 | | as defined
in
Section 3
of the Illinois Affordable | 9 | | Housing Act, shall be that of the then current
owner of | 10 | | the property.
For ownership units, the guidelines will | 11 | | provide, at a minimum, for a
reasonable recapture of | 12 | | funds, or other appropriate methods designed to
| 13 | | preserve the original affordability of the ownership | 14 | | units. For rental units,
the guidelines will provide, | 15 | | at a minimum, for the affordability of rent to low
and | 16 | | very low-income households. As units become available, | 17 | | they shall be
rented to income-eligible tenants.
The | 18 | | municipality may modify these
guidelines from time to | 19 | | time; the guidelines, however, shall be in effect
for | 20 | | as long as tax increment revenue is being used to pay | 21 | | for costs
associated with the units or for the | 22 | | retirement of bonds issued to finance
the units or for | 23 | | the life of the redevelopment project area, whichever | 24 | | is
later.
| 25 | | (11.5) If the redevelopment project area is located | 26 | | within a municipality
with a population of more than |
| | | SB0277 Engrossed | - 48 - | LRB099 03029 SXM 23037 b |
|
| 1 | | 100,000, the cost of day care services for
children of | 2 | | employees from
low-income
families working for businesses | 3 | | located within the redevelopment project area
and all or a
| 4 | | portion of the cost of operation of day care centers | 5 | | established by
redevelopment project
area businesses to | 6 | | serve employees from low-income families working in
| 7 | | businesses
located in the redevelopment project area. For | 8 | | the purposes of this paragraph,
"low-income families" | 9 | | means families whose annual income does not exceed 80% of
| 10 | | the
municipal, county, or regional median income, adjusted | 11 | | for family size, as the
annual
income and municipal, | 12 | | county, or regional median income are determined from
time | 13 | | to
time by the United States Department of Housing and | 14 | | Urban Development.
| 15 | | (12) Unless explicitly stated herein the cost of | 16 | | construction of new
privately-owned buildings shall not be | 17 | | an eligible redevelopment project cost.
| 18 | | (13) After November 1, 1999 (the effective date of | 19 | | Public Act
91-478), none of
the
redevelopment project costs | 20 | | enumerated in this subsection shall be eligible
| 21 | | redevelopment project costs if those costs would provide | 22 | | direct financial
support to a
retail entity initiating | 23 | | operations in the
redevelopment project area while
| 24 | | terminating operations at another Illinois location within | 25 | | 10 miles of the
redevelopment project area but outside the | 26 | | boundaries of the redevelopment
project area municipality. |
| | | SB0277 Engrossed | - 49 - | LRB099 03029 SXM 23037 b |
|
| 1 | | For
purposes of this paragraph, termination means a
closing | 2 | | of a retail operation that is directly related to the | 3 | | opening of the
same operation or like retail entity owned | 4 | | or operated by more than 50% of the
original ownership in a | 5 | | redevelopment project area, but
it does not mean
closing an | 6 | | operation for reasons beyond the control of the
retail | 7 | | entity, as
documented by the retail entity, subject to a | 8 | | reasonable finding by the
municipality that the current | 9 | | location contained inadequate space, had become
| 10 | | economically obsolete, or was no longer a viable location | 11 | | for the retailer or
serviceman.
| 12 | | (14) No cost shall be a redevelopment project cost in a | 13 | | redevelopment project area if used to demolish, remove, or | 14 | | substantially modify a historic resource, after August 26, | 15 | | 2008 (the effective date of Public Act 95-934), unless no | 16 | | prudent and feasible alternative exists. "Historic | 17 | | resource" for the purpose of this item (14) means (i) a | 18 | | place or structure that is included or eligible for | 19 | | inclusion on the National Register of Historic Places or | 20 | | (ii) a contributing structure in a district on the National | 21 | | Register of Historic Places. This item (14) does not apply | 22 | | to a place or structure for which demolition, removal, or | 23 | | modification is subject to review by the preservation | 24 | | agency of a Certified Local Government designated as such | 25 | | by the National Park Service of the United States | 26 | | Department of the Interior. |
| | | SB0277 Engrossed | - 50 - | LRB099 03029 SXM 23037 b |
|
| 1 | | If a special service area has been established pursuant to
| 2 | | the Special Service Area Tax Act or Special Service Area Tax | 3 | | Law, then any
tax increment revenues derived
from the tax | 4 | | imposed pursuant to the Special Service Area Tax Act or Special
| 5 | | Service Area Tax Law may
be used within the redevelopment | 6 | | project area for the purposes permitted by
that Act or Law as | 7 | | well as the purposes permitted by this Act.
| 8 | | (q-1) For redevelopment project areas created pursuant to | 9 | | subsection (p-1), redevelopment project costs are limited to | 10 | | those costs in paragraph (q) that are related to the existing | 11 | | or proposed Regional Transportation Authority Suburban Transit | 12 | | Access Route (STAR Line) station. | 13 | | (r) "State Sales Tax Boundary" means the redevelopment | 14 | | project area or
the amended redevelopment project area | 15 | | boundaries which are determined
pursuant to subsection (9) of | 16 | | Section 11-74.4-8a of this
Act. The Department of Revenue shall | 17 | | certify pursuant to subsection (9) of
Section 11-74.4-8a the | 18 | | appropriate boundaries eligible for the
determination of State | 19 | | Sales Tax Increment.
| 20 | | (s) "State Sales Tax Increment" means an amount equal to | 21 | | the increase
in the aggregate amount of taxes paid by retailers | 22 | | and servicemen, other
than retailers and servicemen subject to | 23 | | the Public Utilities Act,
on transactions at places of business | 24 | | located within a State Sales Tax
Boundary pursuant to the | 25 | | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | 26 | | Tax Act, and the Service Occupation Tax Act, except such
|
| | | SB0277 Engrossed | - 51 - | LRB099 03029 SXM 23037 b |
|
| 1 | | portion of such increase that is paid into the State and Local | 2 | | Sales Tax
Reform Fund, the Local Government Distributive Fund, | 3 | | the Local
Government Tax Fund and the County and Mass Transit | 4 | | District Fund, for as
long as State participation exists, over | 5 | | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | 6 | | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | 7 | | taxes as certified by the Department of Revenue and
paid under | 8 | | those Acts by retailers and servicemen on transactions at | 9 | | places
of business located within the State Sales Tax Boundary | 10 | | during the base
year which shall be the calendar year | 11 | | immediately prior to the year in
which the municipality adopted | 12 | | tax increment allocation financing, less
3.0% of such amounts | 13 | | generated under the Retailers' Occupation Tax Act, Use
Tax Act | 14 | | and Service Use Tax Act and the Service Occupation Tax Act, | 15 | | which
sum shall be appropriated to the Department of Revenue to | 16 | | cover its costs
of administering and enforcing this Section. | 17 | | For purposes of computing the
aggregate amount of such taxes | 18 | | for base years occurring prior to 1985, the
Department of | 19 | | Revenue shall compute the Initial Sales Tax Amount for such
| 20 | | taxes and deduct therefrom an amount equal to 4% of the | 21 | | aggregate amount of
taxes per year for each year the base year | 22 | | is prior to 1985, but not to
exceed a total deduction of 12%. | 23 | | The amount so determined shall be known
as the "Adjusted | 24 | | Initial Sales Tax Amount". For purposes of determining the
| 25 | | State Sales Tax Increment the Department of Revenue shall for | 26 | | each period
subtract from the tax amounts received from |
| | | SB0277 Engrossed | - 52 - | LRB099 03029 SXM 23037 b |
|
| 1 | | retailers and servicemen on
transactions located in the State | 2 | | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | 3 | | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | 4 | | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| 5 | | the Service Use Tax Act and the Service Occupation Tax Act. For | 6 | | the State
Fiscal Year 1989 this calculation shall be made by | 7 | | utilizing the calendar
year 1987 to determine the tax amounts | 8 | | received. For the State Fiscal Year
1990, this calculation | 9 | | shall be made by utilizing the period from January
1, 1988, | 10 | | until September 30, 1988, to determine the tax amounts received
| 11 | | from retailers and servicemen, which shall have deducted | 12 | | therefrom
nine-twelfths of the certified Initial Sales Tax | 13 | | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | 14 | | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | 15 | | Year 1991, this calculation shall be made by utilizing
the | 16 | | period from October 1, 1988, until June 30, 1989, to determine | 17 | | the tax
amounts received from retailers and servicemen, which | 18 | | shall have
deducted therefrom nine-twelfths of the certified | 19 | | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | 20 | | Amounts or the Revised Initial Sales
Tax Amounts as | 21 | | appropriate. For every State Fiscal Year thereafter, the
| 22 | | applicable period shall be the 12 months beginning July 1 and | 23 | | ending on
June 30, to determine the tax amounts received which | 24 | | shall have deducted
therefrom the certified Initial Sales Tax | 25 | | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | 26 | | Initial Sales Tax Amounts. Municipalities
intending to receive |
| | | SB0277 Engrossed | - 53 - | LRB099 03029 SXM 23037 b |
|
| 1 | | a distribution of State Sales Tax Increment must
report a list | 2 | | of retailers to the Department of Revenue by October 31, 1988
| 3 | | and by July 31, of each year thereafter.
| 4 | | (t) "Taxing districts" means counties, townships, cities | 5 | | and incorporated
towns and villages, school, road, park, | 6 | | sanitary, mosquito abatement, forest
preserve, public health, | 7 | | fire protection, river conservancy, tuberculosis
sanitarium | 8 | | and any other municipal corporations or districts with the | 9 | | power
to levy taxes.
| 10 | | (u) "Taxing districts' capital costs" means those costs of | 11 | | taxing districts
for capital improvements that are found by the | 12 | | municipal corporate authorities
to be necessary and directly | 13 | | result from the redevelopment project.
| 14 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
| 15 | | Act, "vacant
land" means any parcel or combination of parcels | 16 | | of real property without
industrial, commercial, and | 17 | | residential buildings which has not been used
for commercial | 18 | | agricultural purposes within 5 years prior to the
designation | 19 | | of the redevelopment project area, unless the parcel
is | 20 | | included in an industrial park conservation area or the parcel | 21 | | has
been subdivided; provided that if the parcel was part of a | 22 | | larger tract that
has been divided into 3 or more smaller | 23 | | tracts that were accepted for
recording during the period from | 24 | | 1950 to 1990, then the parcel shall be deemed
to have been | 25 | | subdivided, and all proceedings and actions of the municipality
| 26 | | taken in that connection with respect to any previously |
| | | SB0277 Engrossed | - 54 - | LRB099 03029 SXM 23037 b |
|
| 1 | | approved or designated
redevelopment project area or amended | 2 | | redevelopment project area are hereby
validated and hereby | 3 | | declared to be legally sufficient for all purposes of this
Act.
| 4 | | For purposes of this Section and only for land subject to
the | 5 | | subdivision requirements of the Plat Act, land is subdivided | 6 | | when the
original plat of
the proposed Redevelopment Project | 7 | | Area or relevant portion thereof has
been
properly certified, | 8 | | acknowledged, approved, and recorded or filed in accordance
| 9 | | with the Plat Act and a preliminary plat, if any, for any | 10 | | subsequent phases of
the
proposed Redevelopment Project Area or | 11 | | relevant portion thereof has been
properly approved and filed | 12 | | in accordance with the applicable ordinance of the
| 13 | | municipality.
| 14 | | (w) "Annual Total Increment" means the sum of each | 15 | | municipality's
annual Net Sales Tax Increment and each | 16 | | municipality's annual Net Utility
Tax Increment. The ratio of | 17 | | the Annual Total Increment of each
municipality to the Annual | 18 | | Total Increment for all municipalities, as most
recently | 19 | | calculated by the Department, shall determine the proportional
| 20 | | shares of the Illinois Tax Increment Fund to be distributed to | 21 | | each
municipality.
| 22 | | (x) "LEED certified" means any certification level of | 23 | | construction elements by a qualified Leadership in Energy and | 24 | | Environmental Design Accredited Professional as determined by | 25 | | the U.S. Green Building Council. | 26 | | (y) "Green Globes certified" means any certification level |
| | | SB0277 Engrossed | - 55 - | LRB099 03029 SXM 23037 b |
|
| 1 | | of construction elements by a qualified Green Globes | 2 | | Professional as determined by the Green Building Initiative. | 3 | | (Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; | 4 | | 96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff. | 5 | | 1-1-12.) | 6 | | (65 ILCS 5/11-74.4-3.3 new) | 7 | | Sec. 11-74.4-3.3. Redevelopment project area within a | 8 | | transit facility improvement area. | 9 | | (a) As used in this Section: | 10 | | "Transit" means any or more of the following transportation | 11 | | services provided to passengers: bus rapid transit service; | 12 | | inter-city passenger rail service; commuter rail service; and | 13 | | urban mass transit rail service, whether elevated, | 14 | | underground, or running at grade, and whether provided through | 15 | | rolling stock generally referred to as heavy rail or light | 16 | | rail. | 17 | | "Transit facility" means an existing or proposed transit | 18 | | passenger station, an existing or proposed transit | 19 | | maintenance, storage or service facility, or an existing or | 20 | | proposed right of way for use in providing commuter rail or | 21 | | urban mass transit service. | 22 | | "Transit facility improvement area" means an area whose | 23 | | boundaries are no more than one-half mile in any direction from | 24 | | the location of a mass transit facility; provided that the | 25 | | length of any existing or proposed right of way included in any |
| | | SB0277 Engrossed | - 56 - | LRB099 03029 SXM 23037 b |
|
| 1 | | transit facility improvement area shall not exceed 6 miles. | 2 | | "Transit facility improvement area redevelopment project | 3 | | costs" means those costs described in subsection (q) of Section | 4 | | 11-74.4-3 of this Act that are related to the construction, | 5 | | reconstruction, rehabilitation, remodeling or repair of any | 6 | | existing or proposed transit facility, whether publicly or | 7 | | privately-owned. | 8 | | (b) Notwithstanding any other provision of law to the | 9 | | contrary, if the corporate authorities of a municipality | 10 | | designate an area within the territorial limits of the | 11 | | municipality as a transit facility improvement area, then that | 12 | | municipality may establish a redevelopment project area within | 13 | | that transit facility improvement area for the purpose of | 14 | | developing new transit facilities, expanding or rehabilitating | 15 | | existing transit facilities, or both. | 16 | | (c) As used in this Section, a redevelopment project area | 17 | | is limited to the Chicago Union Station Master Plan, the | 18 | | Chicago Transit Authority's Red and Purple Modernization | 19 | | Program, Chicago Transit Authority's Blue Line Modernization | 20 | | and Extension, and the Chicago Transit Authority's Red Line | 21 | | Extension.
| 22 | | (65 ILCS 5/11-74.4-3.5)
| 23 | | Sec. 11-74.4-3.5. Completion dates for redevelopment | 24 | | projects. | 25 | | (a) Unless otherwise stated in this Section, the estimated |
| | | SB0277 Engrossed | - 57 - | LRB099 03029 SXM 23037 b |
|
| 1 | | dates of completion
of the redevelopment project and retirement | 2 | | of obligations issued to finance
redevelopment project costs | 3 | | (including refunding bonds under Section 11-74.4-7) may not be
| 4 | | later than December 31 of the year in which the payment to the | 5 | | municipal
treasurer, as provided in subsection (b) of Section | 6 | | 11-74.4-8 of this Act, is to
be made with respect to ad valorem | 7 | | taxes levied in the 23rd
calendar year after the year in which | 8 | | the ordinance approving the
redevelopment project area was | 9 | | adopted if the ordinance was adopted on or after
January 15, | 10 | | 1981. | 11 | | (a-5) The estimated dates of completion of the | 12 | | redevelopment project and retirement of obligations issued to | 13 | | finance redevelopment project costs (including refunding bonds | 14 | | under Section 11-74.4-7) may not be later than December 31 of | 15 | | the year in which the payment to the municipal treasurer, as | 16 | | provided in subsection (b) of Section 11-74.4-8 of this | 17 | | amendatory Act of the 99th General Assembly, is to be made with | 18 | | respect to ad valorem taxes levied in the 50th calendar year | 19 | | after the year in which the ordinance approving the | 20 | | redevelopment project area was adopted if the redevelopment | 21 | | project area is located within a transit facility improvement | 22 | | area. | 23 | | (a-7) A municipality may adopt tax increment financing for | 24 | | a redevelopment project area located in a transit facility | 25 | | improvement area that also includes real property located | 26 | | within an existing redevelopment project area established |
| | | SB0277 Engrossed | - 58 - | LRB099 03029 SXM 23037 b |
|
| 1 | | prior to the effective date of this amendatory Act of 99th | 2 | | General Assembly. In such case: (i) the provisions of this | 3 | | Division shall apply with respect to the previously established | 4 | | redevelopment project area until the municipality adopts, as | 5 | | required in accordance with applicable provisions of this | 6 | | Division, an ordinance dissolving the special tax allocation | 7 | | fund for such redevelopment project area and terminating the | 8 | | designation of such redevelopment project area as a | 9 | | redevelopment project area; and (ii) after the effective date | 10 | | of the ordinance described in (i), the provisions of this | 11 | | Division shall apply with respect to the subsequently | 12 | | established redevelopment project area located in a transit | 13 | | facility improvement area. | 14 | | (b) The estimated dates of completion of the redevelopment | 15 | | project and retirement of obligations issued to finance | 16 | | redevelopment project costs (including refunding bonds under | 17 | | Section 11-74.4-7) may not be later than December 31 of the | 18 | | year in which the payment to the municipal treasurer as | 19 | | provided in subsection (b) of Section 11-74.4-8 of this Act is | 20 | | to be made with respect to ad valorem taxes levied in the 32nd | 21 | | calendar year after the year in which the ordinance approving | 22 | | the redevelopment project area was adopted if the ordinance was | 23 | | adopted on September 9, 1999 by the Village of Downs. | 24 | | The estimated dates of completion
of the redevelopment | 25 | | project and retirement of obligations issued to finance
| 26 | | redevelopment project costs (including refunding bonds under |
| | | SB0277 Engrossed | - 59 - | LRB099 03029 SXM 23037 b |
|
| 1 | | Section 11-74.4-7) may not be later than December 31 of the | 2 | | year in which the payment to the municipal
treasurer as | 3 | | provided in subsection (b) of Section 11-74.4-8 of this Act is | 4 | | to
be made with respect to ad valorem taxes levied in the 33rd | 5 | | calendar
year after the year in which the ordinance approving | 6 | | the
redevelopment project area was adopted if the ordinance was | 7 | | adopted on May 20, 1985 by the Village of Wheeling. | 8 | | The estimated dates of completion of the redevelopment | 9 | | project and retirement of obligations issued to finance | 10 | | redevelopment project costs (including refunding bonds under | 11 | | Section 11-74.4-7) may not be later than December 31 of the | 12 | | year in which the payment to the municipal treasurer as | 13 | | provided in subsection (b) of Section 11-74.4-8 of this Act is | 14 | | to be made with respect to ad valorem taxes levied in the 28th | 15 | | calendar year after the year in which the ordinance approving | 16 | | the redevelopment project area was adopted if the ordinance was | 17 | | adopted on October 12, 1989 by the City of Lawrenceville. | 18 | | (c) The estimated dates of completion
of the redevelopment | 19 | | project and retirement of obligations issued to finance
| 20 | | redevelopment project costs (including refunding bonds under | 21 | | Section 11-74.4-7) may not be later than December 31 of the | 22 | | year in which the payment to the municipal
treasurer as | 23 | | provided in subsection (b) of Section 11-74.4-8 of this Act is | 24 | | to
be made with respect to ad valorem taxes levied in the 35th | 25 | | calendar
year after the year in which the ordinance approving | 26 | | the
redevelopment project area was adopted: |
| | | SB0277 Engrossed | - 60 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (1) If if the ordinance was adopted before January 15, | 2 | | 1981 . ; | 3 | | (2) If if the ordinance was adopted in December 1983, | 4 | | April 1984, July 1985,
or December 1989 . ; | 5 | | (3) If if the ordinance was adopted in December 1987 | 6 | | and the redevelopment
project is located within one mile of | 7 | | Midway Airport . ; | 8 | | (4) If if the ordinance was adopted before January 1, | 9 | | 1987 by a municipality in
Mason County . ; | 10 | | (5) If if the municipality is subject to the Local | 11 | | Government Financial Planning
and Supervision Act or the | 12 | | Financially Distressed City Law . ; | 13 | | (6) If if the ordinance was adopted in December 1984 by | 14 | | the Village of Rosemont . ; | 15 | | (7) If if the ordinance was adopted on December 31, | 16 | | 1986 by a municipality
located in Clinton County for which | 17 | | at least $250,000 of tax increment
bonds were authorized on | 18 | | June 17, 1997, or if the ordinance was adopted on
December | 19 | | 31, 1986 by a municipality with a population in 1990 of | 20 | | less than
3,600 that is located in a county with a | 21 | | population in 1990 of less than
34,000 and for which at | 22 | | least $250,000 of tax increment bonds were authorized
on | 23 | | June 17, 1997 . ; | 24 | | (8) If if the ordinance was adopted on October 5, 1982 | 25 | | by the City of Kankakee, or if the ordinance was adopted on | 26 | | December 29, 1986 by East St. Louis . ; |
| | | SB0277 Engrossed | - 61 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (9) If if
the ordinance was adopted on November 12, | 2 | | 1991 by the Village of Sauget . ; | 3 | | (10) If if the ordinance was
adopted on February 11, | 4 | | 1985 by the City of Rock Island . ; | 5 | | (11) If if the ordinance was adopted before December | 6 | | 18, 1986 by the City of
Moline . ; | 7 | | (12) If if the ordinance was adopted in September 1988 | 8 | | by Sauk Village . ; | 9 | | (13) If if the ordinance was adopted in October 1993 by | 10 | | Sauk Village . ; | 11 | | (14) If if the ordinance was adopted on December 29, | 12 | | 1986 by the City of Galva . ; | 13 | | (15) If if the ordinance was adopted in March 1991 by | 14 | | the City of Centreville . ; | 15 | | (16) If if the ordinance was adopted on January 23, | 16 | | 1991
by the City of East St. Louis . ; | 17 | | (17) If if the ordinance was adopted on December 22, | 18 | | 1986 by the City of Aledo . ; | 19 | | (18) If if the ordinance was adopted on February 5, | 20 | | 1990 by the City of Clinton . ; | 21 | | (19) If if the ordinance was adopted on September 6, | 22 | | 1994 by the City of Freeport . ; | 23 | | (20) If if the ordinance was adopted on December 22, | 24 | | 1986 by the City of Tuscola . ; | 25 | | (21) If if the ordinance was adopted on December 23, | 26 | | 1986 by the City of Sparta . ; |
| | | SB0277 Engrossed | - 62 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (22) If if the ordinance was adopted on December 23, | 2 | | 1986 by the City of
Beardstown . ; | 3 | | (23) If if the ordinance was adopted on April 27, 1981, | 4 | | October 21, 1985, or
December 30, 1986 by the City of | 5 | | Belleville . ; | 6 | | (24) If if the ordinance was adopted on December 29, | 7 | | 1986 by the City of
Collinsville . ; | 8 | | (25) If if the ordinance was adopted on September 14, | 9 | | 1994 by the
City of Alton . ; | 10 | | (26) If if the ordinance was adopted on November 11, | 11 | | 1996 by the
City of Lexington . ; | 12 | | (27) If if the ordinance was adopted on November 5, | 13 | | 1984 by
the City of LeRoy . ; | 14 | | (28) If if the ordinance was adopted on April 3, 1991 | 15 | | or
June 3, 1992 by the City of Markham . ; | 16 | | (29) If if the ordinance was adopted on November 11, | 17 | | 1986 by the City of Pekin . ; | 18 | | (30) If if the ordinance was adopted on December 15, | 19 | | 1981 by the City of Champaign . ; | 20 | | (31) If if the ordinance was adopted on December 15, | 21 | | 1986 by the City of Urbana . ; | 22 | | (32) If if the ordinance was adopted on December 15, | 23 | | 1986 by the Village of Heyworth . ; | 24 | | (33) If if the ordinance was adopted on February 24, | 25 | | 1992 by the Village of Heyworth . ; | 26 | | (34) If if the ordinance was adopted on March 16, 1995 |
| | | SB0277 Engrossed | - 63 - | LRB099 03029 SXM 23037 b |
|
| 1 | | by the Village of Heyworth . ; | 2 | | (35) If if the ordinance was adopted on December 23, | 3 | | 1986 by the Town of Cicero . ; | 4 | | (36) If if the ordinance was adopted on December 30, | 5 | | 1986 by the City of Effingham . ; | 6 | | (37) If if the ordinance was adopted on May 9, 1991 by | 7 | | the Village of
Tilton . ; | 8 | | (38) If if the ordinance was adopted on October 20, | 9 | | 1986 by the City of Elmhurst . ; | 10 | | (39) If if the ordinance was adopted on January 19, | 11 | | 1988 by the City of
Waukegan . ; | 12 | | (40) If if the ordinance was adopted on September 21, | 13 | | 1998 by the City of
Waukegan . ; | 14 | | (41) If if the ordinance was adopted on December 31, | 15 | | 1986 by the City of Sullivan . ; | 16 | | (42) If if the ordinance was adopted on December 23, | 17 | | 1991 by the City of Sullivan . ; | 18 | | (43) If if the ordinance was adopted on December 31, | 19 | | 1986 by the City of Oglesby . ; | 20 | | (44) If if the ordinance was adopted on July 28, 1987 | 21 | | by the City of Marion . ; | 22 | | (45) If if the ordinance was adopted on April 23, 1990 | 23 | | by the City of Marion . ; | 24 | | (46) If if the ordinance was adopted on August 20, 1985 | 25 | | by the Village of Mount Prospect . ; | 26 | | (47) If if the ordinance was adopted on February 2, |
| | | SB0277 Engrossed | - 64 - | LRB099 03029 SXM 23037 b |
|
| 1 | | 1998 by the Village of Woodhull . ; | 2 | | (48) If if the ordinance was adopted on April 20, 1993 | 3 | | by the Village of Princeville . ; | 4 | | (49) If if the ordinance was adopted on July 1, 1986 by | 5 | | the City of Granite City . ; | 6 | | (50) If if the ordinance was adopted on February 2, | 7 | | 1989 by the Village of Lombard . ; | 8 | | (51) If if the ordinance was adopted on December 29, | 9 | | 1986 by the Village of Gardner . ; | 10 | | (52) If if the ordinance was adopted on July 14, 1999 | 11 | | by the Village of Paw Paw . ; | 12 | | (53) If if the ordinance was adopted on November 17, | 13 | | 1986 by the Village of Franklin Park . ; | 14 | | (54) If if the ordinance was adopted on November 20, | 15 | | 1989 by the Village of South Holland . ; | 16 | | (55) If if the ordinance was adopted on July 14, 1992 | 17 | | by the Village of Riverdale . ; | 18 | | (56) If if the ordinance was adopted on December 29, | 19 | | 1986 by the City of Galesburg . ; | 20 | | (57) If if the ordinance was adopted on April 1, 1985 | 21 | | by the City of Galesburg . ; | 22 | | (58) If if the ordinance was adopted on May 21, 1990 by | 23 | | the City of West Chicago . ; | 24 | | (59) If if the ordinance was adopted on December 16, | 25 | | 1986 by the City of Oak Forest . ; | 26 | | (60) If if the ordinance was adopted in 1999 by the |
| | | SB0277 Engrossed | - 65 - | LRB099 03029 SXM 23037 b |
|
| 1 | | City of Villa Grove . ; | 2 | | (61) If if the ordinance was adopted on January 13, | 3 | | 1987 by the Village of Mt. Zion . ; | 4 | | (62) If if the ordinance was adopted on December 30, | 5 | | 1986 by the Village of Manteno . ; | 6 | | (63) If if the ordinance was adopted on April 3, 1989 | 7 | | by the City of Chicago Heights . ; | 8 | | (64) If if the ordinance was adopted on January 6, 1999 | 9 | | by the Village of Rosemont . ; | 10 | | (65) If if the ordinance was adopted on December 19, | 11 | | 2000 by the Village of Stone Park . ; | 12 | | (66) If if the ordinance was adopted on December 22, | 13 | | 1986 by the City of DeKalb . ; | 14 | | (67) If if the ordinance was adopted on December 2, | 15 | | 1986 by the City of Aurora . ;
| 16 | | (68) If
if the ordinance was adopted on December 31, | 17 | | 1986 by the Village of Milan . ; | 18 | | (69) If
if the ordinance was adopted on September 8, | 19 | | 1994 by the City of West Frankfort . ; | 20 | | (70) If if the ordinance was adopted on December 23, | 21 | | 1986 by the Village of Libertyville . ; | 22 | | (71) If if the ordinance was adopted on December 22, | 23 | | 1986 by the Village of Hoffman Estates . ;
| 24 | | (72) If if the ordinance was adopted on September 17, | 25 | | 1986 by the Village of Sherman . ;
| 26 | | (73) If if the ordinance was adopted on December 16, |
| | | SB0277 Engrossed | - 66 - | LRB099 03029 SXM 23037 b |
|
| 1 | | 1986 by the City of Macomb . ; | 2 | | (74) If if the ordinance was adopted on June 11, 2002 | 3 | | by the City of East Peoria to create the West Washington | 4 | | Street TIF . ; | 5 | | (75) If if the ordinance was adopted on June 11, 2002 | 6 | | by the City of East Peoria to create the Camp Street TIF . ;
| 7 | | (76) If if the ordinance was adopted on August 7, 2000 | 8 | | by the City of Des Plaines . ; | 9 | | (77) If if the ordinance was adopted on December 22, | 10 | | 1986 by the City of Washington to create the Washington | 11 | | Square TIF #2 . ; | 12 | | (78) If if the ordinance was adopted on December 29, | 13 | | 1986 by the City of Morris . ;
| 14 | | (79) If if the ordinance was adopted on July 6, 1998 by | 15 | | the Village of Steeleville . ; | 16 | | (80) If if the ordinance was adopted on December 29, | 17 | | 1986 by the City of Pontiac to create TIF I (the Main St | 18 | | TIF) . ; | 19 | | (81) If if the ordinance was adopted on December 29, | 20 | | 1986 by the City of Pontiac to create TIF II (the | 21 | | Interstate TIF) . ; | 22 | | (82) If if the ordinance was adopted on November 6, | 23 | | 2002 by the City of Chicago to create the Madden/Wells TIF | 24 | | District . ; | 25 | | (83) If if the ordinance was adopted on November 4, | 26 | | 1998 by the City of Chicago to create the Roosevelt/Racine |
| | | SB0277 Engrossed | - 67 - | LRB099 03029 SXM 23037 b |
|
| 1 | | TIF District . ; | 2 | | (84) If if the ordinance was adopted on June 10, 1998 | 3 | | by the City of Chicago to create the Stony Island | 4 | | Commercial/Burnside Industrial Corridors TIF District . ; | 5 | | (85) If if the ordinance was adopted on November 29, | 6 | | 1989 by the City of Chicago to create the Englewood Mall | 7 | | TIF District . ; | 8 | | (86) If if the ordinance was adopted on December 27, | 9 | | 1986 by the City of Mendota . ; | 10 | | (87) If if the ordinance was adopted on December 31, | 11 | | 1986 by the Village of Cahokia . ; | 12 | | (88) If if the ordinance was adopted on September 20, | 13 | | 1999 by the City of Belleville . ; | 14 | | (89) If if the ordinance was adopted on December 30, | 15 | | 1986 by the Village of Bellevue to create the Bellevue TIF | 16 | | District 1 . ; | 17 | | (90) If if the ordinance was adopted on December 13, | 18 | | 1993 by the Village of Crete . ; | 19 | | (91) If if the ordinance was adopted on February 12, | 20 | | 2001 by the Village of Crete . ; | 21 | | (92) If if the ordinance was adopted on April 23, 2001 | 22 | | by the Village of Crete . ; | 23 | | (93) If if the ordinance was adopted on December 16, | 24 | | 1986 by the City of Champaign . ; | 25 | | (94) If if the ordinance was adopted on December 20, | 26 | | 1986 by the City of Charleston . ; |
| | | SB0277 Engrossed | - 68 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (95) If if the ordinance was adopted on June 6, 1989 by | 2 | | the Village of Romeoville . ; | 3 | | (96) If if the ordinance was adopted on October 14, | 4 | | 1993 and amended on August 2, 2010 by the City of Venice . ; | 5 | | (97) If if the ordinance was adopted on June 1, 1994 by | 6 | | the City of Markham . ; | 7 | | (98) If if the ordinance was adopted on May 19, 1998 by | 8 | | the Village of Bensenville . ; | 9 | | (99) If if the ordinance was adopted on November 12, | 10 | | 1987 by the City of Dixon . ; | 11 | | (100) If if the ordinance was adopted on December 20, | 12 | | 1988 by the Village of Lansing . ; | 13 | | (101) If if the ordinance was adopted on October 27, | 14 | | 1998 by the City of Moline . ; | 15 | | (102) If if the ordinance was adopted on May 21, 1991 | 16 | | by the Village of Glenwood . ; | 17 | | (103) If if the ordinance was adopted on January 28, | 18 | | 1992 by the City of East Peoria . ; | 19 | | (104) If if the ordinance was adopted on December 14, | 20 | | 1998 by the City of Carlyle . ; | 21 | | (105) If if the ordinance was adopted on May 17, 2000, | 22 | | as subsequently amended, by the City of Chicago to create | 23 | | the Midwest Redevelopment TIF District . ; | 24 | | (106) If if the ordinance was adopted on September 13, | 25 | | 1989 by the City of Chicago to create the Michigan/Cermak | 26 | | Area TIF District . ; |
| | | SB0277 Engrossed | - 69 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (107) If if the ordinance was adopted on March 30, 1992 | 2 | | by the Village of Ohio . ; | 3 | | (108) If if the ordinance was adopted on July 6, 1998 | 4 | | by the Village of Orangeville . ; | 5 | | (109) If if the ordinance was adopted on December 16, | 6 | | 1997 by the Village of Germantown . ; | 7 | | (110) If if the ordinance was adopted on April 28, 2003 | 8 | | by Gibson City . ; | 9 | | (111) If if the ordinance was adopted on December 18, | 10 | | 1990 by the Village of Washington Park, but only after the | 11 | | Village of Washington Park becomes compliant with the | 12 | | reporting requirements under subsection (d) of Section | 13 | | 11-74.4-5, and after the State Comptroller's certification | 14 | | of such compliance . ; | 15 | | (112) If if the ordinance was adopted on February 28, | 16 | | 2000 by the City of Harvey . ; or | 17 | | (113) If if the ordinance was adopted on January 11, | 18 | | 1991 by the City of Chicago to create the Read/Dunning TIF | 19 | | District . ; | 20 | | (114) If if the ordinance was adopted on July 24, 1991 | 21 | | by the City of Chicago to create the Sanitary and Ship | 22 | | Canal TIF District . ; | 23 | | (115) If if the ordinance was adopted on December 4, | 24 | | 2007 by the City of Naperville . ; | 25 | | (116) If if the ordinance was adopted on July 1, 2002 | 26 | | by the Village of Arlington Heights . ; |
| | | SB0277 Engrossed | - 70 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (117) If if the ordinance was adopted on February 11, | 2 | | 1991 by the Village of Machesney Park . ; | 3 | | (118) If if the ordinance was adopted on December 29, | 4 | | 1993 by the City of Ottawa . ; or | 5 | | (119) If if the ordinance was adopted on June 4, 1991 | 6 | | by the Village of Lansing. | 7 | | (120) If (119) if the ordinance was adopted on February | 8 | | 10, 2004 by the Village of Fox Lake . ; | 9 | | (121) If (120) if the ordinance was adopted on December | 10 | | 22, 1992 by the City of Fairfield . ; or | 11 | | (122) If (121) if the ordinance was adopted on February | 12 | | 10, 1992 by the City of Mt. Sterling. | 13 | | (123) If (113) if the ordinance was adopted on March | 14 | | 15, 2004 by the City of Batavia. | 15 | | (124) If (119) if the ordinance was adopted on March | 16 | | 18, 2002 by the Village of Lake Zurich. | 17 | | (d) For redevelopment project areas for which bonds were | 18 | | issued before
July 29, 1991, or for which contracts were | 19 | | entered into before June 1,
1988, in connection with a | 20 | | redevelopment project in the area within
the State Sales Tax | 21 | | Boundary, the estimated dates of completion of the
| 22 | | redevelopment project and retirement of obligations to finance | 23 | | redevelopment
project costs (including refunding bonds under | 24 | | Section 11-74.4-7) may be extended by municipal ordinance to | 25 | | December 31, 2013.
The termination procedures of subsection (b) | 26 | | of Section 11-74.4-8 are not
required for
these redevelopment |
| | | SB0277 Engrossed | - 71 - | LRB099 03029 SXM 23037 b |
|
| 1 | | project areas in 2009 but are required in 2013.
The extension | 2 | | allowed by Public Act 87-1272 shall not apply to real
property | 3 | | tax increment allocation financing under Section 11-74.4-8. | 4 | | (e) Those dates, for purposes of real property tax | 5 | | increment allocation
financing pursuant to Section 11-74.4-8 | 6 | | only, shall be not more than 35 years
for redevelopment project | 7 | | areas that were adopted on or after December 16,
1986 and for | 8 | | which at least $8 million worth of municipal bonds were | 9 | | authorized
on or after December 19, 1989 but before January 1, | 10 | | 1990; provided that the
municipality elects to extend the life | 11 | | of the redevelopment project area to 35
years by the adoption | 12 | | of an ordinance after at least 14 but not more than 30
days' | 13 | | written notice to the taxing bodies, that would otherwise | 14 | | constitute the
joint review board for the redevelopment project | 15 | | area, before the adoption of
the ordinance. | 16 | | (f) Those dates, for purposes of real property tax | 17 | | increment allocation
financing pursuant to Section 11-74.4-8 | 18 | | only, shall be not more than 35 years
for redevelopment project | 19 | | areas that were established on or after December 1,
1981 but | 20 | | before January 1, 1982 and for which at least $1,500,000 worth | 21 | | of
tax increment revenue bonds were authorized
on or after | 22 | | September 30, 1990 but before July 1, 1991; provided that the
| 23 | | municipality elects to extend the life of the redevelopment | 24 | | project area to 35
years by the adoption of an ordinance after | 25 | | at least 14 but not more than 30
days' written notice to the | 26 | | taxing bodies, that would otherwise constitute the
joint review |
| | | SB0277 Engrossed | - 72 - | LRB099 03029 SXM 23037 b |
|
| 1 | | board for the redevelopment project area, before the adoption | 2 | | of
the ordinance. | 3 | | (g) In consolidating the material relating to completion | 4 | | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | 5 | | it is not the intent of the General Assembly to make any | 6 | | substantive change in the law, except for the extension of the | 7 | | completion dates for the City of Aurora, the Village of Milan,
| 8 | | the City of West Frankfort, the Village of Libertyville, and | 9 | | the Village of Hoffman Estates set forth under items (67),
| 10 | | (68), (69), (70), and (71) of subsection (c) of this Section. | 11 | | (Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, | 12 | | eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; | 13 | | 97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff. | 14 | | 7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff. | 15 | | 8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889, | 16 | | eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14; | 17 | | 98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff. | 18 | | 1-9-15; 98-1159, eff. 1-9-15; revised 3-19-15.)
| 19 | | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
| 20 | | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | 21 | | project
areas. The changes made by this amendatory Act of the | 22 | | 91st General Assembly
do not apply to a municipality that, (i) | 23 | | before the effective date of this
amendatory Act of the 91st | 24 | | General Assembly, has adopted an ordinance or
resolution fixing | 25 | | a time and place for a
public hearing under Section 11-74.4-5 |
| | | SB0277 Engrossed | - 73 - | LRB099 03029 SXM 23037 b |
|
| 1 | | or (ii) before July 1, 1999, has
adopted an ordinance or | 2 | | resolution providing for a feasibility study under
Section | 3 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving | 4 | | redevelopment plans and redevelopment projects or designating
| 5 | | redevelopment project areas under this Section, until after | 6 | | that
municipality adopts an ordinance
approving redevelopment | 7 | | plans and redevelopment projects or designating
redevelopment | 8 | | project areas under this Section; thereafter the changes made | 9 | | by
this amendatory Act of the 91st General Assembly apply to | 10 | | the same extent that
they apply to
redevelopment plans and | 11 | | redevelopment projects that were approved and
redevelopment | 12 | | projects that were designated before the effective date of this
| 13 | | amendatory Act of the 91st General Assembly.
| 14 | | A municipality may: | 15 | | (a) By ordinance introduced in the
governing body of the | 16 | | municipality within 14 to 90 days from the completion
of the | 17 | | hearing specified in Section 11-74.4-5
approve redevelopment | 18 | | plans and redevelopment projects, and designate
redevelopment | 19 | | project areas pursuant to notice and hearing required by this
| 20 | | Act. No redevelopment project area shall be designated unless a | 21 | | plan and
project are approved
prior to the designation of such | 22 | | area and such area
shall include only those contiguous parcels | 23 | | of real property and
improvements thereon substantially | 24 | | benefited by the proposed redevelopment
project improvements.
| 25 | | Upon adoption of the ordinances, the municipality shall | 26 | | forthwith transmit to
the county clerk of the county or |
| | | SB0277 Engrossed | - 74 - | LRB099 03029 SXM 23037 b |
|
| 1 | | counties within which the redevelopment
project area is located | 2 | | a certified copy of the ordinances, a legal description
of the | 3 | | redevelopment project area, a map of the redevelopment project | 4 | | area,
identification of the year that the county clerk shall | 5 | | use for determining the
total initial equalized assessed value | 6 | | of the redevelopment project area
consistent with subsection | 7 | | (a) of Section 11-74.4-9, and a
list of the parcel or tax | 8 | | identification number of each parcel of property
included in | 9 | | the redevelopment project area.
| 10 | | (b) Make and enter into all contracts with property owners, | 11 | | developers,
tenants, overlapping taxing bodies, and others | 12 | | necessary or incidental to the
implementation and furtherance | 13 | | of its redevelopment plan and project.
Contract provisions | 14 | | concerning loan repayment obligations in contracts
entered | 15 | | into on or after the effective date of this amendatory Act
of
| 16 | | the 93rd
General Assembly shall terminate no later than the | 17 | | last to occur of the
estimated dates of
completion of the
| 18 | | redevelopment project and retirement of the obligations issued | 19 | | to finance
redevelopment
project costs as required by item (3) | 20 | | of subsection (n) of Section 11-74.4-3.
Payments received under
| 21 | | contracts entered
into by the
municipality prior to the | 22 | | effective date of this amendatory Act of the 93rd
General
| 23 | | Assembly that are received after the redevelopment project area | 24 | | has been
terminated by
municipal ordinance shall be deposited | 25 | | into a special fund of the municipality
to be used
for other | 26 | | community redevelopment needs within the redevelopment project
|
| | | SB0277 Engrossed | - 75 - | LRB099 03029 SXM 23037 b |
|
| 1 | | area.
| 2 | | (c) Within a redevelopment project area, acquire by | 3 | | purchase, donation,
lease or
eminent domain; own, convey, | 4 | | lease, mortgage or dispose of land
and other property, real or | 5 | | personal, or rights or interests therein, and
grant or acquire | 6 | | licenses, easements and options with respect thereto, all
in | 7 | | the manner and at such price the municipality determines is | 8 | | reasonably
necessary to achieve the objectives of the | 9 | | redevelopment plan and project.
No conveyance, lease, | 10 | | mortgage, disposition of land or other property owned
by a | 11 | | municipality, or
agreement relating to the development of such | 12 | | municipal property
shall be
made except
upon the adoption of an | 13 | | ordinance by the corporate authorities of the
municipality. | 14 | | Furthermore, no conveyance, lease, mortgage, or other
| 15 | | disposition of land owned by a municipality or agreement | 16 | | relating to the
development of such municipal property
shall be | 17 | | made without making public disclosure of the terms of the
| 18 | | disposition and all bids and proposals made in response to the
| 19 | | municipality's request. The procedures for obtaining such bids | 20 | | and
proposals shall provide reasonable opportunity for any | 21 | | person to submit
alternative proposals or bids.
| 22 | | (d) Within a redevelopment project area, clear any area by
| 23 | | demolition or removal of any existing buildings and structures.
| 24 | | (e) Within a redevelopment project area, renovate or | 25 | | rehabilitate or
construct any structure or building, as | 26 | | permitted under this Act.
|
| | | SB0277 Engrossed | - 76 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (f) Install, repair, construct, reconstruct or relocate | 2 | | streets, utilities
and site improvements essential to the | 3 | | preparation of the redevelopment
area for use in accordance | 4 | | with a redevelopment plan.
| 5 | | (g) Within a redevelopment project area, fix, charge and | 6 | | collect fees,
rents and charges for the use of any building or | 7 | | property owned or leased
by it or any part thereof, or facility | 8 | | therein.
| 9 | | (h) Accept grants, guarantees and donations of property, | 10 | | labor, or other
things of value from a public or private source | 11 | | for use within a project
redevelopment area.
| 12 | | (i) Acquire and construct public facilities within a | 13 | | redevelopment project
area, as permitted under this Act.
| 14 | | (j) Incur project redevelopment costs and reimburse | 15 | | developers who incur
redevelopment project costs authorized by | 16 | | a redevelopment agreement; provided,
however, that on and
after | 17 | | the effective date of this amendatory
Act of the 91st General | 18 | | Assembly, no municipality shall incur redevelopment
project | 19 | | costs (except for planning costs and any other eligible costs
| 20 | | authorized by municipal ordinance or resolution that are | 21 | | subsequently included
in the
redevelopment plan for the area | 22 | | and are incurred by the municipality after the
ordinance or | 23 | | resolution is adopted)
that are
not consistent with the program | 24 | | for
accomplishing the objectives of the
redevelopment plan as | 25 | | included in that plan and approved by the
municipality until | 26 | | the municipality has amended
the redevelopment plan as provided |
| | | SB0277 Engrossed | - 77 - | LRB099 03029 SXM 23037 b |
|
| 1 | | elsewhere in this Act.
| 2 | | (k) Create a commission of not less than 5 or more than 15 | 3 | | persons to
be appointed by the mayor or president of the | 4 | | municipality with the consent
of the majority of the governing | 5 | | board of the municipality. Members of a
commission appointed | 6 | | after the effective date of this amendatory Act of
1987 shall | 7 | | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
| 8 | | respectively, in such numbers as to provide that the terms of | 9 | | not more than
1/3 of all such members shall expire in any one | 10 | | year. Their successors
shall be appointed for a term of 5 | 11 | | years. The commission, subject to
approval of the corporate | 12 | | authorities may exercise the powers enumerated in
this Section. | 13 | | The commission shall also have the power to hold the public
| 14 | | hearings required by this division and make recommendations to | 15 | | the
corporate authorities concerning the adoption of | 16 | | redevelopment plans,
redevelopment projects and designation of | 17 | | redevelopment project areas.
| 18 | | (l) Make payment in lieu of taxes or a portion thereof to | 19 | | taxing districts.
If payments in lieu of taxes or a portion | 20 | | thereof are made to taxing districts,
those payments shall be | 21 | | made to all districts within a project redevelopment
area on a | 22 | | basis which is proportional to the current collections of | 23 | | revenue
which each taxing district receives from real property | 24 | | in the redevelopment
project area.
| 25 | | (m) Exercise any and all other powers necessary to | 26 | | effectuate the purposes
of this Act.
|
| | | SB0277 Engrossed | - 78 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (n) If any member of the corporate authority, a member of a | 2 | | commission
established pursuant to Section 11-74.4-4(k) of | 3 | | this Act, or an employee
or consultant of the municipality | 4 | | involved in the planning and preparation
of a redevelopment | 5 | | plan, or project for a redevelopment project area or
proposed | 6 | | redevelopment project area, as defined in Sections | 7 | | 11-74.4-3(i)
through (k) of this Act, owns or controls an | 8 | | interest, direct or indirect,
in any property included in any | 9 | | redevelopment area, or proposed
redevelopment area, he or she | 10 | | shall disclose the same in writing to the
clerk of the | 11 | | municipality, and shall also so disclose the dates and terms
| 12 | | and conditions of any disposition of any such interest, which | 13 | | disclosures
shall be acknowledged by the corporate authorities | 14 | | and entered upon the
minute books of the corporate authorities. | 15 | | If an individual
holds such an interest then that individual | 16 | | shall refrain from any further
official involvement in regard | 17 | | to such redevelopment plan, project or area,
from voting on any | 18 | | matter pertaining to such redevelopment plan, project
or area, | 19 | | or communicating with other members concerning corporate | 20 | | authorities,
commission or employees concerning any matter | 21 | | pertaining to said redevelopment
plan, project or area. | 22 | | Furthermore, no such member or employee shall acquire
of any | 23 | | interest direct, or indirect, in any property in a | 24 | | redevelopment
area or proposed redevelopment area after either | 25 | | (a) such individual obtains
knowledge of such plan, project or | 26 | | area or (b) first public notice of such
plan, project or area |
| | | SB0277 Engrossed | - 79 - | LRB099 03029 SXM 23037 b |
|
| 1 | | pursuant to Section 11-74.4-6 of this Division, whichever
| 2 | | occurs first.
For the
purposes of this subsection, a property | 3 | | interest
acquired in a
single parcel of property by a member of | 4 | | the corporate authority, which
property
is used
exclusively as | 5 | | the member's primary residence, shall not be deemed to
| 6 | | constitute an
interest in any property included in a | 7 | | redevelopment area or proposed
redevelopment area
that was | 8 | | established before December 31, 1989, but the member must | 9 | | disclose the
acquisition to the municipal clerk under the | 10 | | provisions of this subsection.
A single property interest
| 11 | | acquired within one year after the effective date of this | 12 | | amendatory Act of the 94th General Assembly or 2 years after | 13 | | the effective date of this amendatory Act of the 95th General | 14 | | Assembly by a member of the corporate authority does not
| 15 | | constitute an
interest in any property included in any | 16 | | redevelopment area or proposed
redevelopment area, regardless | 17 | | of when the redevelopment area was established, if (i) the
| 18 | | property
is used
exclusively as the member's primary residence, | 19 | | (ii) the member discloses the acquisition to the municipal | 20 | | clerk under the provisions of this subsection, (iii) the | 21 | | acquisition is for fair market value, (iv) the member acquires | 22 | | the property as a result of the property being publicly | 23 | | advertised for sale, and (v) the member refrains from voting | 24 | | on, and communicating with other members concerning, any matter | 25 | | when the benefits to the redevelopment project or area would be | 26 | | significantly greater than the benefits to the municipality as |
| | | SB0277 Engrossed | - 80 - | LRB099 03029 SXM 23037 b |
|
| 1 | | a whole. For the purposes of this subsection, a month-to-month | 2 | | leasehold interest
in a single parcel of property by a member | 3 | | of the corporate authority
shall not be deemed to constitute an | 4 | | interest in any property included in any
redevelopment area or | 5 | | proposed redevelopment area, but the member must disclose
the | 6 | | interest to the municipal clerk under the provisions of this | 7 | | subsection.
| 8 | | (o) Create a Tax Increment Economic Development Advisory | 9 | | Committee to
be appointed by the Mayor or President of the | 10 | | municipality with the consent
of the majority of the governing | 11 | | board of the municipality, the members of
which Committee shall | 12 | | be appointed for initial terms of 1, 2, 3, 4 and 5
years | 13 | | respectively, in such numbers as to provide that the terms of | 14 | | not
more than 1/3 of all such members shall expire in any one | 15 | | year. Their
successors shall be appointed for a term of 5 | 16 | | years. The Committee shall
have none of the powers enumerated | 17 | | in this Section. The Committee shall
serve in an advisory | 18 | | capacity only. The Committee may advise the governing
Board of | 19 | | the municipality and other municipal officials regarding
| 20 | | development issues and opportunities within the redevelopment | 21 | | project area
or the area within the State Sales Tax Boundary. | 22 | | The Committee may also
promote and publicize development | 23 | | opportunities in the redevelopment
project area or the area | 24 | | within the State Sales Tax Boundary.
| 25 | | (p) Municipalities may jointly undertake and perform | 26 | | redevelopment plans
and projects and utilize the provisions of |
| | | SB0277 Engrossed | - 81 - | LRB099 03029 SXM 23037 b |
|
| 1 | | the Act wherever they have
contiguous redevelopment project | 2 | | areas or they determine to adopt tax
increment financing with | 3 | | respect to a redevelopment project area which
includes | 4 | | contiguous real property within the boundaries of the
| 5 | | municipalities, and in doing so, they may, by agreement between
| 6 | | municipalities, issue obligations, separately or jointly, and | 7 | | expend
revenues received under the Act for eligible expenses | 8 | | anywhere within
contiguous redevelopment project areas or as | 9 | | otherwise permitted in the Act. With respect to redevelopment | 10 | | project areas that are established within a transit facility | 11 | | improvement area, the provisions of this subsection apply only | 12 | | with respect to such redevelopment project areas that are | 13 | | contiguous to each other.
| 14 | | (q) Utilize revenues, other than State sales tax increment | 15 | | revenues,
received under this Act from one redevelopment | 16 | | project area for
eligible
costs in another redevelopment | 17 | | project area that is:
| 18 | | (i) contiguous to the redevelopment project area from | 19 | | which the revenues are received; | 20 | | (ii) separated only by a public right of way from the | 21 | | redevelopment project area from which the revenues are | 22 | | received; or | 23 | | (iii) separated only by forest preserve property from | 24 | | the redevelopment project
area from which the revenues are | 25 | | received if the closest boundaries of the redevelopment | 26 | | project areas that are separated by the forest preserve |
| | | SB0277 Engrossed | - 82 - | LRB099 03029 SXM 23037 b |
|
| 1 | | property are less than one mile apart.
| 2 | | Utilize tax increment revenues for eligible costs that are | 3 | | received from a
redevelopment project area created under the | 4 | | Industrial Jobs Recovery Law that
is either contiguous to, or | 5 | | is separated only by a public right of way from,
the | 6 | | redevelopment project area created under this Act which | 7 | | initially receives
these revenues. Utilize revenues, other | 8 | | than State sales tax increment
revenues, by transferring or | 9 | | loaning such revenues to a redevelopment project
area created | 10 | | under the Industrial Jobs Recovery Law that is either | 11 | | contiguous
to, or separated only by a public right of way from | 12 | | the redevelopment project
area that initially produced and | 13 | | received those revenues; and, if the
redevelopment
project area | 14 | | (i) was established before the effective date of this | 15 | | amendatory
Act of the 91st General Assembly and (ii) is located | 16 | | within a municipality with
a population of more than 100,000,
| 17 | | utilize revenues or proceeds of obligations authorized by | 18 | | Section 11-74.4-7 of
this
Act, other than use or occupation tax | 19 | | revenues, to pay for any redevelopment
project costs as defined | 20 | | by subsection (q) of Section 11-74.4-3 to the extent
that the | 21 | | redevelopment project costs involve public property that is | 22 | | either
contiguous to, or separated only by a public right of | 23 | | way from, a redevelopment
project area whether or not | 24 | | redevelopment project costs or the source of
payment for the | 25 | | costs are specifically set forth in the redevelopment plan for
| 26 | | the redevelopment project area.
|
| | | SB0277 Engrossed | - 83 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (r) If no redevelopment project has been initiated in a
| 2 | | redevelopment
project area within 7 years after the area was | 3 | | designated by ordinance under
subsection (a), the municipality | 4 | | shall adopt an ordinance repealing the area's
designation as a | 5 | | redevelopment project area; provided, however, that if an area
| 6 | | received its
designation more than 3 years before the effective | 7 | | date of this amendatory Act
of 1994 and no redevelopment | 8 | | project has been initiated
within 4 years after the effective | 9 | | date of this amendatory Act of 1994, the
municipality shall | 10 | | adopt an ordinance repealing its designation as a
redevelopment | 11 | | project area. Initiation of a redevelopment project shall be
| 12 | | evidenced by either a signed redevelopment agreement or | 13 | | expenditures on
eligible redevelopment project costs | 14 | | associated with a redevelopment project. | 15 | | Notwithstanding any other provision of this Section to the | 16 | | contrary, with respect to a redevelopment project area | 17 | | designated by an ordinance that was adopted on July 29, 1998 by | 18 | | the City of Chicago, the City of Chicago shall adopt an | 19 | | ordinance repealing the area's designation as a redevelopment | 20 | | project area if no redevelopment project has been initiated in | 21 | | the redevelopment project area within 15 years after the | 22 | | designation of the area. The City of Chicago may retroactively | 23 | | repeal any ordinance adopted by the City of Chicago, pursuant | 24 | | to this subsection (r), that repealed the designation of a | 25 | | redevelopment project area designated by an ordinance that was | 26 | | adopted by the City of Chicago on July 29, 1998. The City of |
| | | SB0277 Engrossed | - 84 - | LRB099 03029 SXM 23037 b |
|
| 1 | | Chicago has 90 days after the effective date of this amendatory | 2 | | Act to repeal the ordinance. The changes to this Section made | 3 | | by this amendatory Act of the 96th General Assembly apply | 4 | | retroactively to July 27, 2005.
| 5 | | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
| 6 | | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| 7 | | Sec. 11-74.4-8. Tax increment allocation financing. A | 8 | | municipality may
not adopt tax increment financing in a
| 9 | | redevelopment
project area after the effective date of this | 10 | | amendatory Act of 1997 that will
encompass an area that is | 11 | | currently included in an enterprise zone created
under the | 12 | | Illinois Enterprise Zone Act unless that municipality, | 13 | | pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, | 14 | | amends the enterprise zone
designating ordinance to limit the | 15 | | eligibility for tax abatements as provided
in Section 5.4.1 of | 16 | | the Illinois Enterprise Zone Act.
A municipality, at the time a | 17 | | redevelopment project area
is designated, may adopt tax | 18 | | increment allocation financing by passing an
ordinance | 19 | | providing that the ad valorem taxes, if any, arising from the
| 20 | | levies upon taxable real property in such redevelopment project
| 21 | | area by taxing districts and tax rates determined in the manner | 22 | | provided
in paragraph (c) of Section 11-74.4-9 each year after | 23 | | the effective
date of the ordinance until redevelopment project | 24 | | costs and all municipal
obligations financing redevelopment | 25 | | project costs incurred under this Division
have been paid shall |
| | | SB0277 Engrossed | - 85 - | LRB099 03029 SXM 23037 b |
|
| 1 | | be divided as follows , provided, however, that with respect to | 2 | | any redevelopment project area located within a transit | 3 | | facility improvement area established pursuant to Section | 4 | | 11-74.4-3.3 in a municipality with a population of 1,000,000 or | 5 | | more, ad valorem taxes, if any, arising from the levies upon | 6 | | taxable real property in such redevelopment project area shall | 7 | | be allocated as specifically provided in this Section :
| 8 | | (a) That portion of taxes levied upon each taxable lot, | 9 | | block, tract or
parcel of real property which is attributable | 10 | | to the lower of the current
equalized assessed value or the | 11 | | initial equalized assessed
value of each such taxable lot, | 12 | | block, tract or parcel of real property
in the redevelopment | 13 | | project area shall be allocated to and when collected
shall be | 14 | | paid by the county collector to the respective affected taxing
| 15 | | districts in the manner required by law in the absence of the | 16 | | adoption of
tax increment allocation financing.
| 17 | | (b) Except from a tax levied by a township to retire bonds | 18 | | issued to satisfy
court-ordered damages, that portion, if any, | 19 | | of such taxes which is
attributable to the
increase in the | 20 | | current equalized assessed valuation of each taxable lot,
| 21 | | block, tract or parcel of real property in the redevelopment | 22 | | project area
over and above the initial equalized assessed | 23 | | value of each property in the
project area shall be allocated | 24 | | to and when collected shall be paid to the
municipal treasurer | 25 | | who shall deposit said taxes into a special fund called
the | 26 | | special tax allocation fund of the municipality for the purpose |
| | | SB0277 Engrossed | - 86 - | LRB099 03029 SXM 23037 b |
|
| 1 | | of
paying redevelopment project costs and obligations incurred | 2 | | in the payment
thereof. In any county with a population of | 3 | | 3,000,000 or more that has adopted
a procedure for collecting | 4 | | taxes that provides for one or more of the
installments of the | 5 | | taxes to be billed and collected on an estimated basis,
the | 6 | | municipal treasurer shall be paid for deposit in the special | 7 | | tax
allocation fund of the municipality, from the taxes | 8 | | collected from
estimated bills issued for property in the | 9 | | redevelopment project area, the
difference between the amount | 10 | | actually collected from each taxable lot,
block, tract, or | 11 | | parcel of real property within the redevelopment project
area | 12 | | and an amount determined by multiplying the rate at which taxes | 13 | | were
last extended against the taxable lot, block, track, or | 14 | | parcel of real
property in the manner provided in subsection | 15 | | (c) of Section 11-74.4-9 by
the initial equalized assessed | 16 | | value of the property divided by the number
of installments in | 17 | | which real estate taxes are billed and collected within
the | 18 | | county; provided that the payments on or before December 31,
| 19 | | 1999 to a municipal treasurer shall be made only if each of the | 20 | | following
conditions are met:
| 21 | | (1) The total equalized assessed value of the | 22 | | redevelopment project
area as last determined was not less | 23 | | than 175% of the total initial
equalized assessed value.
| 24 | | (2) Not more than 50% of the total equalized assessed | 25 | | value of the
redevelopment project area as last determined | 26 | | is attributable to a piece of
property assigned a single |
| | | SB0277 Engrossed | - 87 - | LRB099 03029 SXM 23037 b |
|
| 1 | | real estate index number.
| 2 | | (3) The municipal clerk has certified to the county | 3 | | clerk that the
municipality has issued its obligations to | 4 | | which there has been pledged
the incremental property taxes | 5 | | of the redevelopment project area or taxes
levied and | 6 | | collected on any or all property in the municipality or
the | 7 | | full faith and credit of the municipality to pay or secure | 8 | | payment for
all or a portion of the redevelopment project | 9 | | costs. The certification
shall be filed annually no later | 10 | | than September 1 for the estimated taxes
to be distributed | 11 | | in the following year; however, for the year 1992 the
| 12 | | certification shall be made at any time on or before March | 13 | | 31, 1992.
| 14 | | (4) The municipality has not requested that the total | 15 | | initial
equalized assessed value of real property be | 16 | | adjusted as provided in
subsection (b) of Section | 17 | | 11-74.4-9.
| 18 | | The conditions of paragraphs (1) through (4) do not apply | 19 | | after December
31, 1999 to payments to a municipal treasurer
| 20 | | made by a county with 3,000,000 or more inhabitants that has | 21 | | adopted an
estimated billing procedure for collecting taxes.
If | 22 | | a county that has adopted the estimated billing
procedure makes | 23 | | an erroneous overpayment of tax revenue to the municipal
| 24 | | treasurer, then the county may seek a refund of that | 25 | | overpayment.
The county shall send the municipal treasurer a | 26 | | notice of liability for the
overpayment on or before the |
| | | SB0277 Engrossed | - 88 - | LRB099 03029 SXM 23037 b |
|
| 1 | | mailing date of the next real estate tax bill
within the | 2 | | county. The refund shall be limited to the amount of the
| 3 | | overpayment.
| 4 | | It is the intent of this Division that after the effective | 5 | | date of this
amendatory Act of 1988 a municipality's own ad | 6 | | valorem
tax arising from levies on taxable real property be | 7 | | included in the
determination of incremental revenue in the | 8 | | manner provided in paragraph
(c) of Section 11-74.4-9. If the | 9 | | municipality does not extend such a tax,
it shall annually | 10 | | deposit in the municipality's Special Tax Increment Fund
an | 11 | | amount equal to 10% of the total contributions to the fund from | 12 | | all
other taxing districts in that year. The annual 10% deposit | 13 | | required by
this paragraph shall be limited to the actual | 14 | | amount of municipally
produced incremental tax revenues | 15 | | available to the municipality from
taxpayers located in the | 16 | | redevelopment project area in that year if:
(a) the plan for | 17 | | the area restricts the use of the property primarily to
| 18 | | industrial purposes, (b) the municipality establishing the | 19 | | redevelopment
project area is a home-rule community with a 1990 | 20 | | population of between
25,000 and 50,000, (c) the municipality | 21 | | is wholly located within a county
with a 1990 population of | 22 | | over 750,000 and (d) the redevelopment project
area was | 23 | | established by the municipality prior to June 1, 1990. This
| 24 | | payment shall be in lieu of a contribution of ad valorem taxes | 25 | | on real
property. If no such payment is made, any redevelopment | 26 | | project area of the
municipality shall be dissolved.
|
| | | SB0277 Engrossed | - 89 - | LRB099 03029 SXM 23037 b |
|
| 1 | | If a municipality has adopted tax increment allocation | 2 | | financing by ordinance
and the County Clerk thereafter | 3 | | certifies the "total initial equalized assessed
value as | 4 | | adjusted" of the taxable real property within such | 5 | | redevelopment
project area in the manner provided in paragraph | 6 | | (b) of Section 11-74.4-9,
each year after the date of the | 7 | | certification of the total initial equalized
assessed value as | 8 | | adjusted until redevelopment project costs and all
municipal | 9 | | obligations financing redevelopment project costs have been | 10 | | paid
the ad valorem taxes, if any, arising from the levies upon | 11 | | the taxable real
property in such redevelopment project area by | 12 | | taxing districts and tax
rates determined in the manner | 13 | | provided in paragraph (c) of Section
11-74.4-9 shall be divided | 14 | | as follows , provided, however, that with respect to any | 15 | | redevelopment project area located within a transit facility | 16 | | improvement area established pursuant to Section 11-74.4-3.3 | 17 | | in a municipality with a population of 1,000,000 or more, ad | 18 | | valorem taxes, if any, arising from the levies upon the taxable | 19 | | real property in such redevelopment project area shall be | 20 | | allocated as specifically provided in this Section :
| 21 | | (1) That portion of the taxes levied upon each taxable | 22 | | lot, block, tract
or parcel of real property which is | 23 | | attributable to the lower of the
current equalized assessed | 24 | | value or "current equalized assessed value as
adjusted" or | 25 | | the initial equalized assessed value of each such taxable | 26 | | lot,
block, tract, or parcel of real property existing at |
| | | SB0277 Engrossed | - 90 - | LRB099 03029 SXM 23037 b |
|
| 1 | | the time tax increment
financing was adopted, minus the | 2 | | total current homestead exemptions under Article 15 of the | 3 | | Property
Tax Code in the
redevelopment project area shall | 4 | | be allocated to and when collected shall be
paid by the | 5 | | county collector to the respective affected taxing | 6 | | districts in the
manner required by law in the absence of | 7 | | the adoption of tax increment
allocation financing.
| 8 | | (2) That portion, if any, of such taxes which is | 9 | | attributable to the
increase in the current equalized | 10 | | assessed valuation of each taxable lot,
block, tract, or | 11 | | parcel of real property in the redevelopment project area,
| 12 | | over and above the initial equalized assessed value of each | 13 | | property
existing at the time tax increment financing was | 14 | | adopted, minus the total
current homestead exemptions | 15 | | pertaining to each piece of property provided
by Article 15 | 16 | | of the Property Tax Code
in the redevelopment
project area, | 17 | | shall be allocated to and when collected shall be paid to | 18 | | the
municipal Treasurer, who shall deposit said taxes into | 19 | | a special fund called
the special tax allocation fund of | 20 | | the municipality for the purpose of paying
redevelopment | 21 | | project costs and obligations incurred in the payment | 22 | | thereof.
| 23 | | The municipality may pledge in the ordinance the funds in | 24 | | and to be
deposited in the special tax allocation fund for the | 25 | | payment of such costs
and obligations. No part of the current | 26 | | equalized assessed valuation of
each property in the |
| | | SB0277 Engrossed | - 91 - | LRB099 03029 SXM 23037 b |
|
| 1 | | redevelopment project area attributable to any
increase above | 2 | | the total initial equalized assessed value, or the total
| 3 | | initial equalized assessed value as adjusted, of such | 4 | | properties shall be
used in calculating the general State | 5 | | school aid formula, provided for in
Section 18-8 of the School | 6 | | Code, until such time as all redevelopment
project costs have | 7 | | been paid as provided for in this Section.
| 8 | | Whenever a municipality issues bonds for the purpose of | 9 | | financing
redevelopment project costs, such municipality may | 10 | | provide by ordinance for the
appointment of a trustee, which | 11 | | may be any trust company within the State,
and for the | 12 | | establishment of such funds or accounts to be maintained by
| 13 | | such trustee as the municipality shall deem necessary to | 14 | | provide for the
security and payment of the bonds. If such | 15 | | municipality provides for
the appointment of a trustee, such | 16 | | trustee shall be considered the assignee
of any payments | 17 | | assigned by the municipality pursuant to such ordinance
and | 18 | | this Section. Any amounts paid to such trustee as assignee | 19 | | shall be
deposited in the funds or accounts established | 20 | | pursuant to such trust
agreement, and shall be held by such | 21 | | trustee in trust for the benefit of the
holders of the bonds, | 22 | | and such holders shall have a lien on and a security
interest | 23 | | in such funds or accounts so long as the bonds remain | 24 | | outstanding and
unpaid. Upon retirement of the bonds, the | 25 | | trustee shall pay over any excess
amounts held to the | 26 | | municipality for deposit in the special tax allocation
fund.
|
| | | SB0277 Engrossed | - 92 - | LRB099 03029 SXM 23037 b |
|
| 1 | | When such redevelopment projects costs, including without | 2 | | limitation all
municipal obligations financing redevelopment | 3 | | project costs incurred under
this Division, have been paid, all | 4 | | surplus funds then remaining in the
special tax allocation fund | 5 | | shall be distributed
by being paid by the
municipal treasurer | 6 | | to the Department of Revenue, the municipality and the
county | 7 | | collector; first to the Department of Revenue and the | 8 | | municipality
in direct proportion to the tax incremental | 9 | | revenue received from the State
and the municipality, but not | 10 | | to exceed the total incremental revenue received
from the State | 11 | | or the municipality less any annual surplus distribution
of | 12 | | incremental revenue previously made; with any remaining funds | 13 | | to be paid
to the County Collector who shall immediately | 14 | | thereafter pay said funds to
the taxing districts in the | 15 | | redevelopment project area in the same manner
and proportion as | 16 | | the most recent distribution by the county collector to
the | 17 | | affected districts of real property taxes from real property in | 18 | | the
redevelopment project area.
| 19 | | Upon the payment of all redevelopment project costs, the | 20 | | retirement of
obligations, the distribution of any excess | 21 | | monies pursuant to this
Section, and final closing of the books | 22 | | and records of the redevelopment
project
area, the municipality | 23 | | shall adopt an ordinance dissolving the special
tax allocation | 24 | | fund for the redevelopment project area and terminating the
| 25 | | designation of the redevelopment project area as a | 26 | | redevelopment project
area.
Title to real or personal property |
| | | SB0277 Engrossed | - 93 - | LRB099 03029 SXM 23037 b |
|
| 1 | | and public improvements
acquired
by or for
the
municipality as | 2 | | a result of the redevelopment project and plan shall vest in
| 3 | | the
municipality when acquired and shall continue to be held by | 4 | | the municipality
after the redevelopment project area has been | 5 | | terminated.
Municipalities shall notify affected taxing | 6 | | districts prior to
November 1 if the redevelopment project area | 7 | | is to be terminated by December 31
of
that same year. If a | 8 | | municipality extends estimated dates of completion of a
| 9 | | redevelopment project and retirement of obligations to finance | 10 | | a
redevelopment project, as allowed by this amendatory Act of | 11 | | 1993, that
extension shall not extend the property tax | 12 | | increment allocation financing
authorized by this Section. | 13 | | Thereafter the rates of the taxing districts
shall be extended | 14 | | and taxes levied, collected and distributed in the manner
| 15 | | applicable in the absence of the adoption of tax increment | 16 | | allocation
financing.
| 17 | | If a municipality with a population of 1,000,000 or more | 18 | | has adopted by ordinance tax increment allocation financing for | 19 | | a redevelopment project area located in a transit facility | 20 | | improvement area established pursuant to Section 11-74.4-3.3, | 21 | | for each year after the effective date of the ordinance until | 22 | | redevelopment project costs and all municipal obligations | 23 | | financing redevelopment project costs have been paid, the ad | 24 | | valorem taxes, if any, arising from the levies upon the taxable | 25 | | real property in that redevelopment project area by taxing | 26 | | districts and tax rates determined in the manner provided in |
| | | SB0277 Engrossed | - 94 - | LRB099 03029 SXM 23037 b |
|
| 1 | | paragraph (c) of Section 11-74.4-9 shall be divided as follows: | 2 | | (1) That portion of the taxes levied upon each taxable | 3 | | lot, block, tract or parcel of real property which is | 4 | | attributable to the lower of (i) the current equalized | 5 | | assessed value or "current equalized assessed value as | 6 | | adjusted" or (ii) the initial equalized assessed value of | 7 | | each such taxable lot, block, tract, or parcel of real | 8 | | property existing at the time tax increment financing was | 9 | | adopted, minus the total current homestead exemptions | 10 | | under Article 15 of the Property Tax Code in the | 11 | | redevelopment project area shall be allocated to and when | 12 | | collected shall be paid by the county collector to the | 13 | | respective affected taxing districts in the manner | 14 | | required by law in the absence of the adoption of tax | 15 | | increment allocation financing. | 16 | | (2) That portion, if any, of such taxes which is | 17 | | attributable to the increase in the current equalized | 18 | | assessed valuation of each taxable lot, block, tract, or | 19 | | parcel of real property in the redevelopment project area, | 20 | | over and above the initial equalized assessed value of each | 21 | | property existing at the time tax increment financing was | 22 | | adopted, minus the total current homestead exemptions | 23 | | pertaining to each piece of property provided by Article 15 | 24 | | of the Property Tax Code in the redevelopment project area, | 25 | | shall be allocated to and when collected shall be paid by | 26 | | the county collector as follows: |
| | | SB0277 Engrossed | - 95 - | LRB099 03029 SXM 23037 b |
|
| 1 | | (A) First, that portion which would be payable to a | 2 | | school district whose boundaries are coterminous with | 3 | | such municipality in the absence of the adoption of tax | 4 | | increment allocation financing, shall be paid to such | 5 | | school district in the manner required by law in the | 6 | | absence of the adoption of tax increment allocation | 7 | | financing; then | 8 | | (B) 80% of the remaining portion shall be paid to | 9 | | the municipal Treasurer, who shall deposit said taxes | 10 | | into a special fund called the special tax allocation | 11 | | fund of the municipality for the purpose of paying | 12 | | redevelopment project costs and obligations incurred | 13 | | in the payment thereof; and then | 14 | | (C) 20% of the remaining portion shall be paid to | 15 | | the respective affected taxing districts, other than | 16 | | the school district described in clause (a) above, in | 17 | | the manner required by law in the absence of the | 18 | | adoption of tax increment allocation financing. | 19 | | Nothing in this Section shall be construed as relieving | 20 | | property in such
redevelopment project areas from being | 21 | | assessed as provided in the Property
Tax Code or as relieving | 22 | | owners of such property from paying a uniform rate of
taxes, as | 23 | | required by Section 4 of Article IX of the Illinois | 24 | | Constitution.
| 25 | | (Source: P.A. 98-463, eff. 8-16-13.)
|
|