Full Text of HB4560 99th General Assembly
HB4560 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4560 Introduced 1/27/2016, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/11-74.4-3 | from Ch. 24, par. 11-74.4-3 | 65 ILCS 5/11-74.4-5 | from Ch. 24, par. 11-74.4-5 | 65 ILCS 5/11-74.4-7 | from Ch. 24, par. 11-74.4-7 | 105 ILCS 5/34-21.9 new | |
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Amends the Illinois Municipal Code. Provides that municipalities which contain a financially distressed school district with a population in its district of greater than 1,000,000 must annually calculate and distribute their distressed surplus funds. Further provides that municipalities with a financially distressed school district shall also submit to the State Comptroller and taxing districts in a tax increment financing redevelopment project area calculation of reporting year a calculation of contractual obligations and distressed surplus funds. Defines terms. Amends the School Code. Provides that a financially distressed school district must notify the municipalities within the school district's boundaries of its status as a financially distressed school district.
Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 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, 11-74.4-5, and 11-74.4-7 as | 6 | | 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 |
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| 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 |
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| 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, |
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| 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 |
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| 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 |
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| 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 |
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| 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
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| 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 |
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| 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 |
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| 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 | | (b) For any redevelopment project area that has been | 11 | | designated pursuant
to this
Section by an ordinance adopted | 12 | | prior to November 1, 1999 (the effective
date of Public Act
| 13 | | 91-478), "conservation area" shall have the meaning
set forth | 14 | | in this
Section prior to that date.
| 15 | | On and after November 1, 1999,
"conservation area" means | 16 | | any improved area within the boundaries
of a redevelopment | 17 | | project area located within the territorial limits of
the | 18 | | municipality in which 50% or more of the structures in the area | 19 | | have
an age of 35 years or more.
Such an area is not yet a | 20 | | blighted area but
because of a combination of 3 or more of the | 21 | | following factors is detrimental
to the public safety, health, | 22 | | morals
or welfare and such an area may become a blighted area:
| 23 | | (1) Dilapidation. An advanced state of disrepair or | 24 | | neglect of
necessary
repairs to the primary structural | 25 | | components of buildings or improvements in
such a | 26 | | combination that a documented building condition analysis |
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| 1 | | determines
that major repair is required or the defects are | 2 | | so serious and so extensive
that the buildings must be | 3 | | removed.
| 4 | | (2) Obsolescence. The condition or process of falling | 5 | | into disuse.
Structures have become ill-suited for the | 6 | | original use.
| 7 | | (3) Deterioration. With respect to buildings, defects
| 8 | | including, but not limited to, major defects in
the | 9 | | secondary building components such as doors, windows, | 10 | | porches, gutters and
downspouts, and fascia. With respect | 11 | | to surface improvements, that the
condition of roadways, | 12 | | alleys, curbs, gutters, sidewalks, off-street parking,
and | 13 | | surface storage areas evidence deterioration, including, | 14 | | but not limited
to, surface cracking, crumbling, potholes, | 15 | | depressions, loose paving material,
and weeds protruding | 16 | | through paved surfaces.
| 17 | | (4) Presence of structures below minimum code | 18 | | standards. All structures
that do not meet the standards of | 19 | | zoning, subdivision, building, fire, and
other | 20 | | governmental codes applicable to property, but not | 21 | | including housing and
property maintenance codes.
| 22 | | (5) Illegal use of individual structures. The use of | 23 | | structures in
violation of applicable federal, State, or | 24 | | local laws, exclusive of those
applicable to the presence | 25 | | of structures below minimum code standards.
| 26 | | (6) Excessive vacancies. The presence of
buildings |
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| 1 | | that are unoccupied or under-utilized and that represent an | 2 | | adverse
influence on the area because of the frequency, | 3 | | extent, or duration of the
vacancies.
| 4 | | (7) Lack of ventilation, light, or sanitary | 5 | | facilities. The absence of
adequate ventilation for light | 6 | | or air circulation in spaces or rooms without
windows, or | 7 | | that require the removal of dust, odor, gas, smoke, or | 8 | | other
noxious airborne materials. Inadequate natural light | 9 | | and ventilation means
the absence or inadequacy of | 10 | | skylights or windows for interior spaces or rooms
and | 11 | | improper
window sizes and amounts by room area to window | 12 | | area ratios. Inadequate
sanitary facilities refers to the | 13 | | absence or inadequacy of garbage storage and
enclosure,
| 14 | | bathroom facilities, hot water and kitchens, and | 15 | | structural inadequacies
preventing ingress and egress to | 16 | | and from all rooms and units within a
building.
| 17 | | (8) Inadequate utilities. Underground and overhead | 18 | | utilities
such as storm sewers and storm drainage, sanitary | 19 | | sewers, water lines, and gas,
telephone, and
electrical | 20 | | services that are shown to be inadequate. Inadequate | 21 | | utilities are
those that are: (i) of insufficient capacity | 22 | | to serve the uses in the
redevelopment project area, (ii) | 23 | | deteriorated,
antiquated, obsolete, or in disrepair, or | 24 | | (iii) lacking within the
redevelopment project area.
| 25 | | (9) Excessive land coverage and overcrowding of | 26 | | structures and community
facilities. The over-intensive |
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| 1 | | use of property and the crowding of buildings
and accessory | 2 | | facilities onto a site. Examples of problem conditions
| 3 | | warranting the designation of an area as one exhibiting | 4 | | excessive land coverage
are: the presence of buildings | 5 | | either improperly situated on parcels or located
on parcels | 6 | | of inadequate size and shape in relation to present-day | 7 | | standards of
development for health and safety and the | 8 | | presence of multiple buildings on a
single parcel. For | 9 | | there to be a finding of excessive land coverage,
these | 10 | | parcels must exhibit one or more of the following | 11 | | conditions:
insufficient provision for
light and air | 12 | | within or around buildings, increased threat of spread of | 13 | | fire
due to the close proximity of buildings, lack of | 14 | | adequate or proper access to a
public right-of-way, lack of | 15 | | reasonably required off-street parking, or
inadequate | 16 | | provision for loading and service.
| 17 | | (10) Deleterious land use or layout. The existence of | 18 | | incompatible
land-use
relationships, buildings occupied by | 19 | | inappropriate mixed-uses, or uses
considered to be | 20 | | noxious, offensive, or unsuitable for the
surrounding | 21 | | area.
| 22 | | (11) Lack of community planning. The proposed | 23 | | redevelopment project area
was
developed prior to or | 24 | | without the benefit or guidance of a community plan.
This | 25 | | means that the development occurred prior to the adoption | 26 | | by the
municipality of a comprehensive or other community |
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| 1 | | plan or that the plan was
not followed at the time of the | 2 | | area's development. This factor must be
documented by | 3 | | evidence of adverse or incompatible land-use | 4 | | relationships,
inadequate street layout, improper | 5 | | subdivision, parcels of inadequate shape and
size to meet | 6 | | contemporary development standards, or other evidence
| 7 | | demonstrating
an absence of effective community planning.
| 8 | | (12) The area has incurred Illinois Environmental | 9 | | Protection Agency or
United
States Environmental | 10 | | Protection Agency remediation costs for, or a study
| 11 | | conducted by an independent consultant recognized as | 12 | | having expertise in
environmental remediation has | 13 | | determined a need for, the clean-up of hazardous
waste, | 14 | | hazardous substances, or underground storage tanks | 15 | | required by State
or federal law, provided that the | 16 | | remediation costs constitute a material
impediment to the | 17 | | development or redevelopment of the redevelopment project
| 18 | | area.
| 19 | | (13) The total equalized assessed value of the proposed | 20 | | redevelopment
project area has declined for 3 of the last 5 | 21 | | calendar years
for which information is
available or is | 22 | | increasing at an annual rate that is less than the balance | 23 | | of
the municipality for 3 of the last 5 calendar years for | 24 | | which information is
available or is increasing at an | 25 | | annual rate that is less
than the Consumer Price Index for | 26 | | All Urban Consumers published by the United
States |
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| 1 | | Department of Labor or successor agency for 3 of the last 5 | 2 | | calendar
years for which information is available.
| 3 | | (b-1) "Distressed Surplus Funds" means moneys in the | 4 | | Special Tax Allocation Fund not required, pledged, earmarked, | 5 | | or otherwise designated for payment and securing of TIF | 6 | | Contractual Obligations. | 7 | | (b-2) "Financially distressed school district" means a | 8 | | public school district, which has a population greater than | 9 | | 1,000,000 in its district,
experiencing one or more of the | 10 | | following: | 11 | | (1) A bond rating below investment grade assigned to | 12 | | one of the most recent 5 bond issues. | 13 | | (2) A credit review by a major rating agency which | 14 | | indicates that a future bond issues would be rated below | 15 | | investment grade. | 16 | | (3) Total operating expenses exceeding total operating | 17 | | revenues by 5% or more in the school district's General | 18 | | Operating Fund in its most recently completed fiscal year, | 19 | | as reported in the most recent Comprehensive Annual | 20 | | Financial Report under Section 19.5 of the State | 21 | | Comptroller Act. | 22 | | (4) A funded ratio for its teacher's pension fund of | 23 | | 75% or less as reported in the school district's most | 24 | | recent actuarial valuation report. | 25 | | (c) "Industrial park" means an area in a blighted or | 26 | | conservation
area suitable for use by any manufacturing, |
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| 1 | | industrial, research or
transportation enterprise, of | 2 | | facilities to include but not be limited to
factories, mills, | 3 | | processing plants, assembly plants, packing plants,
| 4 | | fabricating plants, industrial distribution centers, | 5 | | warehouses, repair
overhaul or service facilities, freight | 6 | | terminals, research facilities,
test facilities or railroad | 7 | | facilities.
| 8 | | (d) "Industrial park conservation area" means an area | 9 | | within the
boundaries of a redevelopment project area located | 10 | | within the territorial
limits of a municipality that is a labor | 11 | | surplus municipality or within 1
1/2 miles of the territorial | 12 | | limits of a municipality that is a labor
surplus municipality | 13 | | if the area is annexed to the municipality; which
area is zoned | 14 | | as industrial no later than at the time the municipality by
| 15 | | ordinance designates the redevelopment project area, and which | 16 | | area
includes both vacant land suitable for use as an | 17 | | industrial park and a
blighted area or conservation area | 18 | | contiguous to such vacant land.
| 19 | | (e) "Labor surplus municipality" means a municipality in | 20 | | which, at any
time during the 6 months before the municipality | 21 | | by ordinance designates
an industrial park conservation area, | 22 | | the unemployment rate was over 6% and was
also 100% or more of | 23 | | the national average unemployment rate for that same
time as | 24 | | published in the United States Department of Labor Bureau of | 25 | | Labor
Statistics publication entitled "The Employment | 26 | | Situation" or its successor
publication. For the purpose of |
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| 1 | | this subsection, if unemployment rate
statistics for the | 2 | | municipality are not available, the unemployment rate in
the | 3 | | municipality shall be deemed to be the same as the unemployment | 4 | | rate in
the principal county in which the municipality is | 5 | | located.
| 6 | | (f) "Municipality" means shall mean a city, village, | 7 | | incorporated town, or a township that is located in the | 8 | | unincorporated portion of a county with 3 million or more | 9 | | inhabitants, if the county adopted an ordinance that approved | 10 | | the township's redevelopment plan.
| 11 | | (g) "Initial Sales Tax Amounts" means the amount of taxes | 12 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 13 | | Service Use Tax Act, the
Service Occupation Tax Act, the | 14 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 15 | | Service Occupation Tax Act by
retailers and servicemen on | 16 | | transactions at places located in a
State Sales Tax Boundary | 17 | | during the calendar year 1985.
| 18 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount | 19 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | 20 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | 21 | | Municipal Retailers' Occupation Tax Act,
and the Municipal | 22 | | Service Occupation Tax Act by retailers and servicemen on
| 23 | | transactions at places located within the State Sales Tax | 24 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| 25 | | (h) "Municipal Sales Tax Increment" means an amount equal | 26 | | to the
increase in the aggregate amount of taxes paid to a |
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| 1 | | municipality from the
Local Government Tax Fund arising from | 2 | | sales by retailers and servicemen
within the redevelopment | 3 | | project area or State Sales Tax Boundary, as
the case may be, | 4 | | for as long as the redevelopment project area or State
Sales | 5 | | Tax Boundary, as the case may be, exist over and above the | 6 | | aggregate
amount of taxes as certified by the Illinois | 7 | | Department of Revenue and paid
under the Municipal Retailers' | 8 | | Occupation Tax Act and the Municipal Service
Occupation Tax Act | 9 | | by retailers and servicemen, on transactions at places
of | 10 | | business located in the redevelopment project area or State | 11 | | Sales Tax
Boundary, as the case may be, during the
base year | 12 | | which shall be the calendar year immediately prior to the year | 13 | | in
which the municipality adopted tax increment allocation | 14 | | financing. For
purposes of computing the aggregate amount of | 15 | | such taxes for base years
occurring prior to 1985, the | 16 | | Department of Revenue shall determine the
Initial Sales Tax | 17 | | Amounts for such taxes and deduct therefrom an amount
equal to | 18 | | 4% of the aggregate amount of taxes per year for each year the
| 19 | | base year is prior to 1985, but not to exceed a total deduction | 20 | | of 12%.
The amount so determined shall be known as the | 21 | | "Adjusted Initial Sales Tax
Amounts". For purposes of | 22 | | determining the Municipal Sales Tax Increment,
the Department | 23 | | of Revenue shall for each period subtract from the amount
paid | 24 | | to the municipality from the Local Government Tax Fund arising | 25 | | from
sales by retailers and servicemen on transactions
located | 26 | | in the redevelopment project area or the State Sales Tax |
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| 1 | | Boundary,
as the case may be, the certified Initial Sales Tax
| 2 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 3 | | Initial
Sales Tax Amounts for the Municipal Retailers'
| 4 | | Occupation Tax Act and the Municipal Service
Occupation Tax | 5 | | Act. For the State Fiscal Year 1989, this calculation shall
be | 6 | | made by utilizing the calendar year 1987 to determine the tax | 7 | | amounts
received. For the State Fiscal Year 1990, this | 8 | | calculation shall be made
by utilizing the period from January | 9 | | 1, 1988, until September 30, 1988, to
determine the tax amounts | 10 | | received from retailers and servicemen pursuant
to the | 11 | | Municipal Retailers' Occupation Tax and the Municipal Service
| 12 | | Occupation Tax Act, which shall have deducted therefrom
| 13 | | nine-twelfths of the certified Initial Sales Tax Amounts, the | 14 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | 15 | | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | 16 | | this calculation shall be made by utilizing
the period from | 17 | | October 1, 1988, to June 30, 1989, to determine the tax
amounts | 18 | | received from retailers and servicemen pursuant to the | 19 | | Municipal
Retailers' Occupation Tax and the Municipal Service | 20 | | Occupation Tax Act
which shall have deducted therefrom | 21 | | nine-twelfths of the
certified Initial Sales Tax Amounts, | 22 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | 23 | | Tax Amounts as appropriate. For every
State Fiscal Year | 24 | | thereafter, the applicable period shall be the 12 months
| 25 | | beginning July 1 and ending June 30 to determine the tax | 26 | | amounts received
which shall have deducted therefrom the |
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| 1 | | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | 2 | | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | 3 | | case may be.
| 4 | | (i) "Net State Sales Tax Increment" means the sum of the | 5 | | following: (a)
80% of the first $100,000 of State Sales Tax | 6 | | Increment annually generated
within a State Sales Tax Boundary; | 7 | | (b) 60% of the amount in excess of
$100,000 but not exceeding | 8 | | $500,000 of State Sales Tax Increment annually
generated within | 9 | | a State Sales Tax Boundary; and (c) 40% of all amounts in
| 10 | | excess of $500,000 of State Sales Tax Increment annually | 11 | | generated within a
State Sales Tax Boundary. If, however, a | 12 | | municipality established a tax
increment financing district in | 13 | | a county with a population in excess of
3,000,000 before | 14 | | January 1, 1986, and the municipality entered into a
contract | 15 | | or issued bonds after January 1, 1986, but before December 31, | 16 | | 1986,
to finance redevelopment project costs within a State | 17 | | Sales Tax
Boundary, then the Net State Sales Tax Increment | 18 | | means, for the fiscal years
beginning July 1, 1990, and July 1, | 19 | | 1991, 100% of the State Sales Tax
Increment annually generated | 20 | | within a State Sales Tax Boundary; and
notwithstanding any | 21 | | other provision of this Act, for those fiscal years the
| 22 | | Department of Revenue shall distribute to those municipalities | 23 | | 100% of
their Net State Sales Tax Increment before any | 24 | | distribution to any other
municipality and regardless of | 25 | | whether or not those other municipalities
will receive 100% of | 26 | | their Net State Sales Tax Increment. For Fiscal Year
1999, and |
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| 1 | | every year thereafter until the year 2007, for any municipality
| 2 | | that has not entered into a contract or has not issued bonds | 3 | | prior to June
1, 1988 to finance redevelopment project costs | 4 | | within a State Sales Tax
Boundary, the Net State Sales Tax | 5 | | Increment shall be calculated as follows:
By multiplying the | 6 | | Net State Sales Tax Increment by 90% in the State Fiscal
Year | 7 | | 1999; 80% in the State Fiscal Year 2000; 70% in the State | 8 | | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | 9 | | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | 10 | | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | 11 | | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | 12 | | be made for State Fiscal Year 2008 and thereafter.
| 13 | | Municipalities that issued bonds in connection with a | 14 | | redevelopment project
in a redevelopment project area within | 15 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that | 16 | | entered into contracts in connection with a redevelopment | 17 | | project in
a redevelopment project area before June 1, 1988,
| 18 | | shall continue to receive their proportional share of the
| 19 | | Illinois Tax Increment Fund distribution until the date on | 20 | | which the
redevelopment project is completed or terminated.
If, | 21 | | however, a municipality that issued bonds in connection with a
| 22 | | redevelopment project in a redevelopment project area within | 23 | | the State Sales
Tax Boundary prior to July 29, 1991 retires the | 24 | | bonds prior to June 30, 2007 or
a municipality that entered | 25 | | into contracts in connection with a redevelopment
project in a | 26 | | redevelopment project area before June 1, 1988 completes the
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| 1 | | contracts prior to June 30, 2007, then so long as the | 2 | | redevelopment project is
not
completed or is not terminated, | 3 | | the Net State Sales Tax Increment shall be
calculated, | 4 | | beginning on the date on which the bonds are retired or the
| 5 | | contracts are completed, as follows: By multiplying the Net | 6 | | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | 7 | | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | 8 | | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | 9 | | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | 10 | | payment shall be made for State Fiscal Year
2008 and | 11 | | thereafter.
Refunding of any bonds issued
prior to July 29, | 12 | | 1991, shall not alter the Net State Sales Tax Increment.
| 13 | | (j) "State Utility Tax Increment Amount" means an amount | 14 | | equal to the
aggregate increase in State electric and gas tax | 15 | | charges imposed on owners
and tenants, other than residential | 16 | | customers, of properties located within
the redevelopment | 17 | | project area under Section 9-222 of the Public Utilities
Act, | 18 | | over and above the aggregate of such charges as certified by | 19 | | the
Department of Revenue and paid by owners and tenants, other | 20 | | than
residential customers, of properties within the | 21 | | redevelopment project area
during the base year, which shall be | 22 | | the calendar year immediately prior to
the year of the adoption | 23 | | of the ordinance authorizing tax increment allocation
| 24 | | financing.
| 25 | | (k) "Net State Utility Tax Increment" means the sum of the | 26 | | following:
(a) 80% of the first $100,000 of State Utility Tax |
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| 1 | | Increment annually
generated by a redevelopment project area; | 2 | | (b) 60% of the amount in excess
of $100,000 but not exceeding | 3 | | $500,000 of the State Utility Tax Increment
annually generated | 4 | | by a redevelopment project area; and (c) 40% of all
amounts in | 5 | | excess of $500,000 of State Utility Tax Increment annually
| 6 | | generated by a redevelopment project area. For the State Fiscal | 7 | | Year 1999,
and every year thereafter until the year 2007, for | 8 | | any municipality that
has not entered into a contract or has | 9 | | not issued bonds prior to June 1,
1988 to finance redevelopment | 10 | | project costs within a redevelopment project
area, the Net | 11 | | State Utility Tax Increment shall be calculated as follows:
By | 12 | | multiplying the Net State Utility Tax Increment by 90% in the | 13 | | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | 14 | | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | 15 | | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | 16 | | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | 17 | | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | 18 | | No payment shall be made for the State Fiscal Year 2008
and | 19 | | thereafter.
| 20 | | Municipalities that issue bonds in connection with the | 21 | | redevelopment project
during the period from June 1, 1988 until | 22 | | 3 years after the effective date
of this Amendatory Act of 1988 | 23 | | shall receive the Net State Utility Tax
Increment, subject to | 24 | | appropriation, for 15 State Fiscal Years after the
issuance of | 25 | | such bonds. For the 16th through the 20th State Fiscal Years
| 26 | | after issuance of the bonds, the Net State Utility Tax |
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| 1 | | Increment shall be
calculated as follows: By multiplying the | 2 | | Net State Utility Tax Increment
by 90% in year 16; 80% in year | 3 | | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | 4 | | Refunding of any bonds issued prior to June 1, 1988, shall not
| 5 | | alter the revised Net State Utility Tax Increment payments set | 6 | | forth above.
| 7 | | (l) "Obligations" mean bonds, loans, debentures, notes, | 8 | | special certificates
or other evidence of indebtedness issued | 9 | | by the municipality to carry out
a redevelopment project or to | 10 | | refund outstanding obligations.
| 11 | | (m) "Payment in lieu of taxes" means those estimated tax | 12 | | revenues from
real property in a redevelopment project area | 13 | | derived from real property that
has been acquired by a | 14 | | municipality
which according to the redevelopment project or | 15 | | plan is to be used for a
private use which taxing districts | 16 | | would have received had a municipality
not acquired the real | 17 | | property and adopted tax increment allocation
financing and | 18 | | which would result from
levies made after the time of the | 19 | | adoption of tax increment allocation
financing to the time the | 20 | | current equalized value of real property in the
redevelopment | 21 | | project area exceeds the total initial equalized value of
real | 22 | | property in said area.
| 23 | | (n) "Redevelopment plan" means the comprehensive program | 24 | | of
the municipality for development or redevelopment intended | 25 | | by the payment of
redevelopment project costs to reduce or | 26 | | eliminate those conditions the
existence of which qualified the |
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| 1 | | redevelopment project area as
a "blighted
area" or | 2 | | "conservation area" or combination thereof or "industrial park
| 3 | | conservation area," and thereby to enhance the tax bases of the | 4 | | taxing
districts which extend into the redevelopment project | 5 | | area.
On and after November 1, 1999 (the effective date of
| 6 | | Public Act 91-478), no
redevelopment plan may be approved or | 7 | | amended that includes the development of
vacant land (i) with a | 8 | | golf course and related clubhouse and other facilities
or (ii) | 9 | | designated by federal, State, county, or municipal government | 10 | | as public
land for outdoor recreational activities or for | 11 | | nature preserves and used for
that purpose within 5
years prior | 12 | | to the adoption of the redevelopment plan. For the purpose of
| 13 | | this subsection, "recreational activities" is limited to mean | 14 | | camping and
hunting.
Each
redevelopment plan shall set forth in | 15 | | writing the program to be undertaken
to accomplish the | 16 | | objectives and shall include but not be limited to:
| 17 | | (A) an itemized list of estimated redevelopment | 18 | | project costs;
| 19 | | (B) evidence indicating that the redevelopment project | 20 | | area on the whole
has not been subject to growth and | 21 | | development through investment by private
enterprise;
| 22 | | (C) an assessment of any financial impact of the | 23 | | redevelopment project
area on or any increased demand for | 24 | | services from any taxing district affected
by the plan and | 25 | | any program to address such financial impact or increased
| 26 | | demand;
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| 1 | | (D) the sources of funds to pay costs;
| 2 | | (E) the nature and term of the obligations to be | 3 | | issued;
| 4 | | (F) the most recent equalized assessed valuation of the | 5 | | redevelopment
project area;
| 6 | | (G) an estimate as to the equalized assessed valuation | 7 | | after redevelopment
and the general land uses to apply in | 8 | | the redevelopment project area;
| 9 | | (H) a commitment to fair employment practices and an | 10 | | affirmative action
plan;
| 11 | | (I) if it concerns an industrial park
conservation | 12 | | area, the plan shall
also include a general description
of | 13 | | any proposed developer, user and tenant of any property, a | 14 | | description
of the type, structure and general character of | 15 | | the facilities to be
developed, a description of the type, | 16 | | class and number of new employees to
be employed in the | 17 | | operation of the facilities to be developed; and
| 18 | | (J) if property is to be annexed to the municipality, | 19 | | the plan shall
include the terms of the annexation | 20 | | agreement.
| 21 | | The provisions of items (B) and (C) of this subsection (n) | 22 | | shall not apply to
a municipality that before March 14, 1994 | 23 | | (the effective date of Public Act
88-537) had fixed, either by | 24 | | its
corporate authorities or by a commission designated under | 25 | | subsection (k) of
Section 11-74.4-4, a time and place for a | 26 | | public hearing as required by
subsection (a) of Section |
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| 1 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 2 | | municipality complies with all of the following requirements:
| 3 | | (1) The municipality finds that the redevelopment | 4 | | project area on
the whole has not been subject to growth | 5 | | and development through investment
by private enterprise | 6 | | and would not reasonably be anticipated to be
developed | 7 | | without the adoption of the redevelopment plan.
| 8 | | (2) The municipality finds that the redevelopment plan | 9 | | and project conform
to the comprehensive plan for the | 10 | | development of the municipality as a whole,
or, for | 11 | | municipalities with a population of 100,000 or more, | 12 | | regardless of when
the redevelopment plan and project was | 13 | | adopted, the redevelopment plan and
project either: (i) | 14 | | conforms to the strategic economic development or
| 15 | | redevelopment plan issued by the designated planning | 16 | | authority of the
municipality, or (ii) includes land uses | 17 | | that have been approved by the
planning commission of the | 18 | | municipality.
| 19 | | (3) The redevelopment plan establishes the estimated | 20 | | dates of completion
of the redevelopment project and | 21 | | retirement of obligations issued to finance
redevelopment | 22 | | project costs. Those dates may not be later than the dates | 23 | | set forth under Section 11-74.4-3.5.
| 24 | | A municipality may by municipal ordinance amend an | 25 | | existing redevelopment
plan to conform to this paragraph | 26 | | (3) as amended by Public Act 91-478, which
municipal |
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| 1 | | ordinance may be adopted without
further hearing or
notice | 2 | | and without complying with the procedures provided in this | 3 | | Act
pertaining to an amendment to or the initial approval | 4 | | of a redevelopment plan
and project and
designation of a | 5 | | redevelopment project area.
| 6 | | (3.5) The municipality finds, in the case of an | 7 | | industrial
park
conservation area, also that the | 8 | | municipality is a labor surplus municipality
and that the | 9 | | implementation of the redevelopment plan will reduce | 10 | | unemployment,
create new jobs and by the provision of new | 11 | | facilities enhance the tax base of
the taxing districts | 12 | | that extend into the redevelopment project area.
| 13 | | (4) If any incremental revenues are being utilized | 14 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in | 15 | | redevelopment project areas approved by ordinance
after | 16 | | January 1, 1986, the municipality finds: (a) that the | 17 | | redevelopment
project area would not reasonably be | 18 | | developed without the use of such
incremental revenues, and | 19 | | (b) that such incremental revenues will be
exclusively | 20 | | utilized for the development of the redevelopment project | 21 | | area.
| 22 | | (5) If
the redevelopment plan will not result in
| 23 | | displacement of
residents from 10 or more inhabited | 24 | | residential units, and the
municipality certifies in the | 25 | | plan that
such displacement will not result from the plan, | 26 | | a housing impact study
need not be performed.
If, however, |
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| 1 | | the redevelopment plan would result in the displacement
of
| 2 | | residents from 10 or more inhabited
residential units,
or | 3 | | if the redevelopment project area contains 75 or more | 4 | | inhabited residential
units and no
certification is made,
| 5 | | then the municipality shall prepare, as part of the | 6 | | separate
feasibility report required by subsection (a) of | 7 | | Section 11-74.4-5, a housing
impact study.
| 8 | | Part I of the housing impact study shall include (i) | 9 | | data as to whether
the residential units are single family | 10 | | or multi-family units,
(ii) the number and type of rooms | 11 | | within the units, if that information is
available, (iii) | 12 | | whether
the
units are inhabited or uninhabited, as | 13 | | determined not less than 45
days before the date that the | 14 | | ordinance or resolution required
by subsection (a) of | 15 | | Section 11-74.4-5 is passed, and (iv) data as to the
racial | 16 | | and ethnic composition of the residents in the inhabited | 17 | | residential
units. The data requirement as to the racial | 18 | | and ethnic composition of the
residents in the inhabited | 19 | | residential units shall be deemed to be fully
satisfied by | 20 | | data from the most recent federal census.
| 21 | | Part II of the housing impact study shall identify the | 22 | | inhabited
residential units in the proposed redevelopment | 23 | | project area that are to be or
may be removed. If inhabited | 24 | | residential units are to be removed, then the
housing | 25 | | impact study shall identify (i) the number and location of | 26 | | those units
that will or may be removed, (ii) the |
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| 1 | | municipality's plans for relocation
assistance for those | 2 | | residents in the proposed redevelopment project area
whose | 3 | | residences are to be removed, (iii) the availability of | 4 | | replacement
housing for those residents whose residences | 5 | | are to be removed, and shall
identify the type, location, | 6 | | and cost of the housing, and (iv) the type and
extent
of | 7 | | relocation assistance to be provided.
| 8 | | (6) On and after November 1, 1999, the
housing impact | 9 | | study required by paragraph (5) shall be
incorporated in | 10 | | the redevelopment plan for the
redevelopment project area.
| 11 | | (7) On and after November 1, 1999, no
redevelopment | 12 | | plan shall be adopted, nor an
existing plan amended, nor | 13 | | shall residential housing that is
occupied by households of | 14 | | low-income and very low-income
persons in currently | 15 | | existing redevelopment project
areas be removed after | 16 | | November 1, 1999 unless the redevelopment plan provides, | 17 | | with
respect to inhabited housing units that are to be | 18 | | removed for
households of low-income and very low-income | 19 | | persons, affordable
housing and relocation assistance not | 20 | | less than that which would
be provided under the federal | 21 | | Uniform Relocation Assistance and
Real Property | 22 | | Acquisition Policies Act of 1970 and the regulations
under | 23 | | that Act, including the eligibility criteria.
Affordable | 24 | | housing may be either existing or newly constructed
| 25 | | housing. For purposes of this paragraph (7), "low-income
| 26 | | households", "very low-income households", and "affordable
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| 1 | | housing" have the meanings set forth in the Illinois | 2 | | Affordable
Housing Act.
The municipality shall make a good | 3 | | faith effort to ensure that this affordable
housing is | 4 | | located in or near the redevelopment project area within | 5 | | the
municipality.
| 6 | | (8) On and after November 1, 1999, if,
after the | 7 | | adoption of the redevelopment plan for the
redevelopment | 8 | | project area, any municipality desires to amend its
| 9 | | redevelopment plan
to remove more inhabited residential | 10 | | units than
specified in its original redevelopment plan, | 11 | | that change shall be made in
accordance with the procedures | 12 | | in subsection (c) of Section 11-74.4-5.
| 13 | | (9) For redevelopment project areas designated prior | 14 | | to November 1,
1999, the redevelopment plan may be amended | 15 | | without further joint review board
meeting or hearing, | 16 | | provided that the municipality shall give notice of any
| 17 | | such changes by mail to each affected taxing district and | 18 | | registrant on the
interested party registry, to authorize | 19 | | the municipality to expend tax
increment revenues for | 20 | | redevelopment project costs defined by paragraphs (5)
and | 21 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and | 22 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | 23 | | long as the changes do not increase the
total estimated | 24 | | redevelopment project costs set out in the redevelopment | 25 | | plan
by more than 5% after adjustment for inflation from | 26 | | the date the plan was
adopted.
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| 1 | | (o) "Redevelopment project" means any public and private | 2 | | development project
in furtherance of the objectives of a | 3 | | redevelopment plan.
On and after November 1, 1999 (the | 4 | | effective date of Public Act 91-478), no
redevelopment plan may | 5 | | be approved or amended that includes the development
of vacant | 6 | | land (i) with a golf course and related clubhouse and other
| 7 | | facilities
or (ii) designated by federal, State, county, or | 8 | | municipal government as public
land for outdoor recreational | 9 | | activities or for nature preserves and used for
that purpose | 10 | | within 5
years prior to the adoption of the redevelopment plan. | 11 | | For the purpose of
this subsection, "recreational activities" | 12 | | is limited to mean camping and
hunting.
| 13 | | (p) "Redevelopment project area" means an area designated | 14 | | by
the
municipality, which is not less in the aggregate than 1 | 15 | | 1/2 acres and in
respect to which the municipality has made a | 16 | | finding that there exist
conditions which cause the area to be | 17 | | classified as an industrial park
conservation area or a | 18 | | blighted area or a conservation area, or a
combination of both | 19 | | blighted areas and conservation areas.
| 20 | | (p-1) Notwithstanding any provision of this Act to the | 21 | | contrary, on and after August 25, 2009 (the effective date of | 22 | | Public Act 96-680), a redevelopment project area may include | 23 | | areas within a one-half mile radius of an existing or proposed | 24 | | Regional Transportation Authority Suburban Transit Access | 25 | | Route (STAR Line) station without a finding that the area is | 26 | | classified as an industrial park conservation area, a blighted |
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| 1 | | area, a conservation area, or a combination thereof, but only | 2 | | if the municipality receives unanimous consent from the joint | 3 | | review board created to review the proposed redevelopment | 4 | | project area. | 5 | | (q) "Redevelopment project costs", except for | 6 | | redevelopment project areas created pursuant to subsection | 7 | | (p-1), means and includes the sum total of all
reasonable or | 8 | | necessary costs incurred or estimated to be incurred, and
any | 9 | | such costs incidental to a redevelopment plan and a | 10 | | redevelopment
project. Such costs include, without limitation, | 11 | | the following:
| 12 | | (1) Costs of studies, surveys, development of plans, | 13 | | and
specifications, implementation and administration of | 14 | | the redevelopment
plan including but not limited to staff | 15 | | and professional service costs for
architectural, | 16 | | engineering, legal, financial, planning or other
services, | 17 | | provided however that no charges for professional services | 18 | | may be
based on a percentage of the tax increment | 19 | | collected; except that on and
after November 1, 1999 (the | 20 | | effective date of Public Act 91-478), no
contracts for
| 21 | | professional services, excluding architectural and | 22 | | engineering services, may be
entered into if the terms of | 23 | | the contract extend
beyond a period of 3 years. In | 24 | | addition, "redevelopment project costs" shall
not include | 25 | | lobbying expenses.
After consultation with the | 26 | | municipality, each tax
increment consultant or advisor to a |
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| 1 | | municipality that plans to designate or
has designated a | 2 | | redevelopment project area shall inform the municipality | 3 | | in
writing of any contracts that the consultant or advisor | 4 | | has entered into with
entities or individuals that have | 5 | | received, or are receiving, payments financed
by tax
| 6 | | increment revenues produced by the redevelopment project | 7 | | area with respect to
which the consultant or advisor has | 8 | | performed, or will be performing, service
for the
| 9 | | municipality. This requirement shall be satisfied by the | 10 | | consultant or advisor
before the commencement of services | 11 | | for the municipality and thereafter
whenever any other | 12 | | contracts with those individuals or entities are executed | 13 | | by
the consultant or advisor;
| 14 | | (1.5) After July 1, 1999, annual administrative costs | 15 | | shall
not include general overhead or
administrative costs | 16 | | of the municipality
that would still have been incurred by | 17 | | the municipality if the municipality had
not
designated a | 18 | | redevelopment project area or approved a redevelopment | 19 | | plan;
| 20 | | (1.6) The cost of
marketing sites within the | 21 | | redevelopment project area to prospective
businesses, | 22 | | developers, and investors;
| 23 | | (2) Property assembly costs, including but not limited | 24 | | to acquisition
of land and other property, real or | 25 | | personal, or rights or interests therein,
demolition of | 26 | | buildings, site preparation, site improvements that serve |
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| 1 | | as an
engineered barrier addressing ground level or below | 2 | | ground environmental
contamination, including, but not | 3 | | limited to parking lots and other concrete
or asphalt | 4 | | barriers, and the clearing and grading of
land;
| 5 | | (3) Costs of rehabilitation, reconstruction or repair | 6 | | or remodeling of
existing public or private buildings, | 7 | | fixtures, and leasehold
improvements; and the cost of | 8 | | replacing
an existing public building if pursuant to the | 9 | | implementation of a
redevelopment project the existing | 10 | | public building is to be demolished to use
the site for | 11 | | private investment or
devoted to a different use requiring | 12 | | private investment; including any direct or indirect costs | 13 | | relating to Green Globes or LEED certified construction | 14 | | elements or construction elements with an equivalent | 15 | | certification;
| 16 | | (4) Costs of the construction of public works or | 17 | | improvements, including any direct or indirect costs | 18 | | relating to Green Globes or LEED certified construction | 19 | | elements or construction elements with an equivalent | 20 | | certification, except
that on and after November 1, 1999,
| 21 | | redevelopment
project costs shall not include the cost of | 22 | | constructing a
new municipal public building principally | 23 | | used to provide
offices, storage space, or conference | 24 | | facilities or vehicle storage,
maintenance, or repair for | 25 | | administrative,
public safety, or public works personnel
| 26 | | and that is not intended to replace an existing
public |
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| 1 | | building as provided under paragraph (3) of subsection (q) | 2 | | of Section
11-74.4-3
unless either (i) the construction of | 3 | | the new municipal building
implements a redevelopment | 4 | | project that was included in a redevelopment plan
that was | 5 | | adopted by the municipality prior to November 1, 1999 or | 6 | | (ii) the
municipality makes a reasonable
determination in | 7 | | the redevelopment plan, supported by information that | 8 | | provides
the basis for that determination, that the new | 9 | | municipal building is required
to meet an increase in the | 10 | | need for public safety purposes anticipated to
result from | 11 | | the implementation of the redevelopment plan;
| 12 | | (5) Costs of job training and retraining projects, | 13 | | including the cost of
"welfare to work" programs | 14 | | implemented by businesses located within the
redevelopment | 15 | | project area;
| 16 | | (6) Financing costs, including but not limited to all | 17 | | necessary and
incidental expenses related to the issuance | 18 | | of obligations and which may
include payment of interest on | 19 | | any obligations issued hereunder including
interest | 20 | | accruing
during the estimated period of construction of any | 21 | | redevelopment project
for which such obligations are | 22 | | issued and for not exceeding 36 months
thereafter and | 23 | | including reasonable reserves related thereto;
| 24 | | (7) To the extent the municipality by written agreement | 25 | | accepts and
approves
the same, all or a portion of a taxing | 26 | | district's capital costs resulting
from the redevelopment |
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| 1 | | project necessarily incurred or to be incurred within a
| 2 | | taxing district in
furtherance of the objectives of the | 3 | | redevelopment plan and project.
| 4 | | (7.5) For redevelopment project areas designated (or | 5 | | redevelopment
project areas amended to add or increase the | 6 | | number of
tax-increment-financing assisted housing units) | 7 | | on or after November 1,
1999,
an elementary, secondary,
or | 8 | | unit school
district's increased costs attributable to | 9 | | assisted housing units located
within the
redevelopment | 10 | | project area for which the developer or redeveloper | 11 | | receives
financial assistance through an agreement with | 12 | | the municipality or because the
municipality incurs the | 13 | | cost of necessary infrastructure improvements within
the | 14 | | boundaries of the assisted housing sites necessary for the | 15 | | completion of
that housing
as authorized by this Act, and | 16 | | which costs shall be paid by the municipality
from the | 17 | | Special Tax Allocation Fund when the tax increment revenue | 18 | | is received
as a result of the assisted housing units and | 19 | | shall be calculated annually as
follows:
| 20 | | (A) for foundation districts, excluding any school | 21 | | district in a
municipality with a population in excess | 22 | | of 1,000,000, by multiplying the
district's increase | 23 | | in attendance resulting from the net increase in new
| 24 | | students enrolled in that school district who reside in | 25 | | housing units within
the redevelopment project area | 26 | | that have received financial assistance through
an |
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| 1 | | agreement with the municipality or because the | 2 | | municipality incurs the cost
of necessary | 3 | | infrastructure improvements within the boundaries of | 4 | | the housing
sites necessary for the completion of that | 5 | | housing as authorized by this Act
since the designation | 6 | | of the redevelopment project area by the most recently
| 7 | | available per capita tuition cost as defined in Section | 8 | | 10-20.12a of the School
Code less any increase in | 9 | | general State aid as defined in Section 18-8.05 of
the | 10 | | School Code attributable to these added new students | 11 | | subject to the
following annual limitations:
| 12 | | (i) for unit school districts with a district | 13 | | average 1995-96 Per
Capita
Tuition Charge of less | 14 | | than $5,900, no more than 25% of the total amount | 15 | | of
property tax increment revenue produced by | 16 | | those housing units that have
received tax | 17 | | increment finance assistance under this Act;
| 18 | | (ii) for elementary school districts with a | 19 | | district average 1995-96
Per
Capita Tuition Charge | 20 | | of less than $5,900, no more than 17% of the total | 21 | | amount
of property tax increment revenue produced | 22 | | by those housing units that have
received tax | 23 | | increment finance assistance under this Act; and
| 24 | | (iii) for secondary school districts with a | 25 | | district average 1995-96
Per
Capita Tuition Charge | 26 | | of less than $5,900, no more than 8% of the total |
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| 1 | | amount
of property tax increment revenue produced | 2 | | by those housing units that have
received tax | 3 | | increment finance assistance under this Act.
| 4 | | (B) For alternate method districts, flat grant | 5 | | districts, and foundation
districts with a district | 6 | | average 1995-96 Per Capita Tuition Charge equal to or
| 7 | | more than $5,900, excluding any school district with a | 8 | | population in excess of
1,000,000, by multiplying the | 9 | | district's increase in attendance
resulting
from the | 10 | | net increase in new students enrolled in that school | 11 | | district who
reside in
housing units within the | 12 | | redevelopment project area that have received
| 13 | | financial assistance through an agreement with the | 14 | | municipality or because the
municipality incurs the | 15 | | cost of necessary infrastructure improvements within
| 16 | | the boundaries of the housing sites necessary for the | 17 | | completion of that
housing as authorized by this Act | 18 | | since the designation of the redevelopment
project | 19 | | area by the most recently available per capita tuition | 20 | | cost as defined
in Section 10-20.12a of the School Code | 21 | | less any increase in general state aid
as defined in | 22 | | Section 18-8.05 of the School Code attributable to | 23 | | these added
new students subject to the following | 24 | | annual limitations:
| 25 | | (i) for unit school districts, no more than 40% | 26 | | of the total amount of
property tax increment |
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| 1 | | revenue produced by those housing units that have
| 2 | | received tax increment finance assistance under | 3 | | this Act;
| 4 | | (ii) for elementary school districts, no more | 5 | | than 27% of the total
amount
of property tax | 6 | | increment revenue produced by those housing units | 7 | | that have
received tax increment finance | 8 | | assistance under this Act; and
| 9 | | (iii) for secondary school districts, no more | 10 | | than 13% of the total
amount
of property tax | 11 | | increment revenue produced by those housing units | 12 | | that have
received tax increment finance | 13 | | assistance under this Act.
| 14 | | (C) For any school district in a municipality with | 15 | | a population in
excess of
1,000,000, the following | 16 | | restrictions shall apply to the
reimbursement of | 17 | | increased costs under this paragraph (7.5):
| 18 | | (i) no increased costs shall be reimbursed | 19 | | unless the school district
certifies that each of | 20 | | the schools affected by the assisted housing | 21 | | project
is at or over its student capacity;
| 22 | | (ii) the amount reimbursable shall be reduced | 23 | | by the value of any
land
donated to the school | 24 | | district by the municipality or developer, and by | 25 | | the
value of any physical improvements made to the | 26 | | schools by the
municipality or developer; and
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| 1 | | (iii) the amount reimbursed may not affect | 2 | | amounts otherwise obligated
by
the terms of any | 3 | | bonds, notes, or other funding instruments, or the | 4 | | terms of
any redevelopment agreement.
| 5 | | Any school district seeking payment under this | 6 | | paragraph (7.5) shall,
after July 1 and before | 7 | | September 30 of each year,
provide the municipality | 8 | | with reasonable evidence to support its claim for
| 9 | | reimbursement before the municipality shall be | 10 | | required to approve or make
the payment to the school | 11 | | district. If the school district fails to provide
the | 12 | | information during this period in any year, it shall | 13 | | forfeit any claim to
reimbursement for that year. | 14 | | School districts may adopt a resolution
waiving the | 15 | | right to all or a portion of the reimbursement | 16 | | otherwise required
by this paragraph
(7.5). By | 17 | | acceptance of this reimbursement the school
district | 18 | | waives the right to directly or indirectly set aside, | 19 | | modify, or
contest in any manner the establishment of | 20 | | the redevelopment project area or
projects;
| 21 | | (7.7) For redevelopment project areas designated (or | 22 | | redevelopment
project areas amended to add or increase the | 23 | | number of
tax-increment-financing assisted housing units) | 24 | | on or after
January 1, 2005 (the effective date of Public | 25 | | Act 93-961),
a public library
district's increased costs | 26 | | attributable to assisted housing units located
within the
|
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| 1 | | redevelopment project area for which the developer or | 2 | | redeveloper receives
financial assistance through an | 3 | | agreement with the municipality or because the
| 4 | | municipality incurs the cost of necessary infrastructure | 5 | | improvements within
the boundaries of the assisted housing | 6 | | sites necessary for the completion of
that housing
as | 7 | | authorized by this Act shall be paid to the library | 8 | | district by the
municipality
from the Special Tax | 9 | | Allocation Fund when the tax increment revenue is received
| 10 | | as a result of the assisted housing units. This paragraph | 11 | | (7.7) applies only if (i) the library district is located | 12 | | in a county that is subject to the Property Tax Extension | 13 | | Limitation Law or (ii) the library district is not located | 14 | | in a county that is subject to the Property Tax Extension | 15 | | Limitation Law but the district is prohibited by any other | 16 | | law from increasing its tax levy rate without a prior voter | 17 | | referendum.
| 18 | | The amount paid to a library district under this | 19 | | paragraph (7.7) shall be
calculated
by multiplying (i) the | 20 | | net increase in the number of persons eligible to obtain
a
| 21 | | library card
in that district who reside in housing units | 22 | | within
the redevelopment project area that have received | 23 | | financial assistance through
an agreement with the | 24 | | municipality or because the municipality incurs the cost
of | 25 | | necessary infrastructure improvements within the | 26 | | boundaries of the housing
sites necessary for the |
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| 1 | | completion of that housing as authorized by this Act
since | 2 | | the designation of the redevelopment project area by (ii)
| 3 | | the per-patron cost of providing library services so long | 4 | | as it does not exceed $120.
The per-patron cost shall be | 5 | | the Total Operating Expenditures Per Capita for the library | 6 | | in the previous fiscal year.
The municipality may deduct | 7 | | from the amount that it must pay to a library district | 8 | | under this paragraph any amount that it has voluntarily | 9 | | paid to the library district from the tax increment | 10 | | revenue. The amount paid to a library district under this | 11 | | paragraph (7.7) shall be no
more
than 2% of the amount | 12 | | produced by the assisted housing units and deposited into | 13 | | the Special Tax Allocation Fund.
| 14 | | A library district is not eligible for any payment | 15 | | under this paragraph
(7.7)
unless the library district has | 16 | | experienced an increase in the
number of patrons from the | 17 | | municipality that created the tax-increment-financing | 18 | | district since the designation of the redevelopment | 19 | | project area.
| 20 | | Any library district seeking payment under this | 21 | | paragraph (7.7) shall,
after July 1 and before September 30 | 22 | | of each year,
provide the municipality with convincing | 23 | | evidence to support its claim for
reimbursement before the | 24 | | municipality shall be required to approve or make
the | 25 | | payment to the library district. If the library district | 26 | | fails to provide
the information during this period in any |
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| 1 | | year, it shall forfeit any claim to
reimbursement for that | 2 | | year. Library districts may adopt a resolution
waiving the | 3 | | right to all or a portion of the reimbursement otherwise | 4 | | required by this paragraph (7.7). By acceptance of such | 5 | | reimbursement, the library district shall forfeit any | 6 | | right to directly or indirectly set aside, modify, or | 7 | | contest in any manner whatsoever the establishment of the | 8 | | redevelopment project area or
projects;
| 9 | | (8) Relocation costs to the extent that a municipality | 10 | | determines that
relocation costs shall be paid or is | 11 | | required to make payment of relocation
costs by federal or | 12 | | State law or in order to satisfy subparagraph (7) of
| 13 | | subsection (n);
| 14 | | (9) Payment in lieu of taxes;
| 15 | | (10) Costs of job training, retraining, advanced | 16 | | vocational education
or career
education, including but | 17 | | not limited to courses in occupational,
semi-technical or | 18 | | technical fields leading directly to employment, incurred
| 19 | | by one or more taxing districts, provided that such costs | 20 | | (i) are related
to the establishment and maintenance of | 21 | | additional job training, advanced
vocational education or | 22 | | career education programs for persons employed or
to be | 23 | | employed by employers located in a redevelopment project | 24 | | area; and
(ii) when incurred by a taxing district or taxing | 25 | | districts other than the
municipality, are set forth in a | 26 | | written agreement by or among the
municipality and the |
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| 1 | | taxing district or taxing districts, which agreement
| 2 | | describes the program to be undertaken, including but not | 3 | | limited to the
number of employees to be trained, a | 4 | | description of the training and
services to be provided, | 5 | | the number and type of positions available or to
be | 6 | | available, itemized costs of the program and sources of | 7 | | funds to pay for the
same, and the term of the agreement. | 8 | | Such costs include, specifically, the
payment by community | 9 | | college districts of costs pursuant to Sections 3-37,
3-38, | 10 | | 3-40 and 3-40.1 of the Public Community College Act and by | 11 | | school
districts of costs pursuant to Sections 10-22.20a | 12 | | and 10-23.3a of The School
Code;
| 13 | | (11) Interest cost incurred by a redeveloper related to | 14 | | the
construction, renovation or rehabilitation of a | 15 | | redevelopment project
provided that:
| 16 | | (A) such costs are to be paid directly from the | 17 | | special tax
allocation fund established pursuant to | 18 | | this Act;
| 19 | | (B) such payments in any one year may not exceed | 20 | | 30% of the annual
interest costs incurred by the | 21 | | redeveloper with regard to the redevelopment
project | 22 | | during that year;
| 23 | | (C) if there are not sufficient funds available in | 24 | | the special tax
allocation fund to make the payment | 25 | | pursuant to this paragraph (11) then
the amounts so due | 26 | | shall accrue and be payable when sufficient funds are
|
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| 1 | | available in the special tax allocation fund;
| 2 | | (D) the total of such interest payments paid | 3 | | pursuant to this Act
may not exceed 30% of the total | 4 | | (i) cost paid or incurred by the
redeveloper for the | 5 | | redevelopment project plus (ii) redevelopment project
| 6 | | costs excluding any property assembly costs and any | 7 | | relocation costs
incurred by a municipality pursuant | 8 | | to this Act; and
| 9 | | (E) the cost limits set forth in subparagraphs (B) | 10 | | and (D) of
paragraph (11) shall be modified for the | 11 | | financing of rehabilitated or
new housing units for | 12 | | low-income households and very low-income households, | 13 | | as
defined in
Section 3 of the Illinois Affordable | 14 | | Housing Act. The percentage of
75% shall be substituted | 15 | | for 30% in subparagraphs (B) and (D) of
paragraph (11).
| 16 | | (F) Instead of the eligible costs provided by | 17 | | subparagraphs (B) and (D)
of
paragraph (11), as | 18 | | modified by this subparagraph, and notwithstanding
any | 19 | | other provisions of this Act to the contrary, the | 20 | | municipality may
pay from tax increment revenues up to | 21 | | 50% of the cost of construction
of new housing units to | 22 | | be occupied by low-income households and very
| 23 | | low-income
households as defined in Section 3 of the | 24 | | Illinois Affordable Housing
Act. The cost of | 25 | | construction of those units may be derived from the
| 26 | | proceeds of bonds issued by the municipality under this |
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| 1 | | Act or
other constitutional or statutory authority or | 2 | | from other sources of
municipal revenue that may be | 3 | | reimbursed from tax increment
revenues or the proceeds | 4 | | of bonds issued to finance the construction
of that | 5 | | housing.
| 6 | | The eligible costs provided under this | 7 | | subparagraph (F) of paragraph (11)
shall
be
an eligible | 8 | | cost for the construction, renovation, and | 9 | | rehabilitation of all
low and very low-income housing | 10 | | units, as defined in Section 3 of the Illinois
| 11 | | Affordable Housing Act, within the redevelopment | 12 | | project area. If the low and
very
low-income units are | 13 | | part of a residential redevelopment project that | 14 | | includes
units not affordable to low and very | 15 | | low-income households, only the low and
very | 16 | | low-income units shall be eligible for benefits under | 17 | | subparagraph (F) of
paragraph (11).
The standards for | 18 | | maintaining the occupancy
by low-income households and | 19 | | very low-income households,
as
defined in Section 3 of | 20 | | the Illinois Affordable Housing Act,
of those units | 21 | | constructed with eligible costs made available under | 22 | | the
provisions of
this subparagraph (F) of paragraph | 23 | | (11)
shall be
established by guidelines adopted by the | 24 | | municipality. The
responsibility for annually | 25 | | documenting the initial occupancy of
the units by | 26 | | low-income households and very low-income households, |
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| 1 | | as defined
in
Section 3
of the Illinois Affordable | 2 | | Housing Act, shall be that of the then current
owner of | 3 | | the property.
For ownership units, the guidelines will | 4 | | provide, at a minimum, for a
reasonable recapture of | 5 | | funds, or other appropriate methods designed to
| 6 | | preserve the original affordability of the ownership | 7 | | units. For rental units,
the guidelines will provide, | 8 | | at a minimum, for the affordability of rent to low
and | 9 | | very low-income households. As units become available, | 10 | | they shall be
rented to income-eligible tenants.
The | 11 | | municipality may modify these
guidelines from time to | 12 | | time; the guidelines, however, shall be in effect
for | 13 | | as long as tax increment revenue is being used to pay | 14 | | for costs
associated with the units or for the | 15 | | retirement of bonds issued to finance
the units or for | 16 | | the life of the redevelopment project area, whichever | 17 | | is
later.
| 18 | | (11.5) If the redevelopment project area is located | 19 | | within a municipality
with a population of more than | 20 | | 100,000, the cost of day care services for
children of | 21 | | employees from
low-income
families working for businesses | 22 | | located within the redevelopment project area
and all or a
| 23 | | portion of the cost of operation of day care centers | 24 | | established by
redevelopment project
area businesses to | 25 | | serve employees from low-income families working in
| 26 | | businesses
located in the redevelopment project area. For |
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| 1 | | the purposes of this paragraph,
"low-income families" | 2 | | means families whose annual income does not exceed 80% of
| 3 | | the
municipal, county, or regional median income, adjusted | 4 | | for family size, as the
annual
income and municipal, | 5 | | county, or regional median income are determined from
time | 6 | | to
time by the United States Department of Housing and | 7 | | Urban Development.
| 8 | | (12) Unless explicitly stated herein the cost of | 9 | | construction of new
privately-owned buildings shall not be | 10 | | an eligible redevelopment project cost.
| 11 | | (13) After November 1, 1999 (the effective date of | 12 | | Public Act
91-478), none of
the
redevelopment project costs | 13 | | enumerated in this subsection shall be eligible
| 14 | | redevelopment project costs if those costs would provide | 15 | | direct financial
support to a
retail entity initiating | 16 | | operations in the
redevelopment project area while
| 17 | | terminating operations at another Illinois location within | 18 | | 10 miles of the
redevelopment project area but outside the | 19 | | boundaries of the redevelopment
project area municipality. | 20 | | For
purposes of this paragraph, termination means a
closing | 21 | | of a retail operation that is directly related to the | 22 | | opening of the
same operation or like retail entity owned | 23 | | or operated by more than 50% of the
original ownership in a | 24 | | redevelopment project area, but
it does not mean
closing an | 25 | | operation for reasons beyond the control of the
retail | 26 | | entity, as
documented by the retail entity, subject to a |
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| 1 | | reasonable finding by the
municipality that the current | 2 | | location contained inadequate space, had become
| 3 | | economically obsolete, or was no longer a viable location | 4 | | for the retailer or
serviceman.
| 5 | | (14) No cost shall be a redevelopment project cost in a | 6 | | redevelopment project area if used to demolish, remove, or | 7 | | substantially modify a historic resource, after August 26, | 8 | | 2008 (the effective date of Public Act 95-934), unless no | 9 | | prudent and feasible alternative exists. "Historic | 10 | | resource" for the purpose of this item (14) means (i) a | 11 | | place or structure that is included or eligible for | 12 | | inclusion on the National Register of Historic Places or | 13 | | (ii) a contributing structure in a district on the National | 14 | | Register of Historic Places. This item (14) does not apply | 15 | | to a place or structure for which demolition, removal, or | 16 | | modification is subject to review by the preservation | 17 | | agency of a Certified Local Government designated as such | 18 | | by the National Park Service of the United States | 19 | | Department of the Interior. | 20 | | If a special service area has been established pursuant to
| 21 | | the Special Service Area Tax Act or Special Service Area Tax | 22 | | Law, then any
tax increment revenues derived
from the tax | 23 | | imposed pursuant to the Special Service Area Tax Act or Special
| 24 | | Service Area Tax Law may
be used within the redevelopment | 25 | | project area for the purposes permitted by
that Act or Law as | 26 | | well as the purposes permitted by this Act.
|
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| 1 | | (q-1) For redevelopment project areas created pursuant to | 2 | | subsection (p-1), redevelopment project costs are limited to | 3 | | those costs in paragraph (q) that are related to the existing | 4 | | or proposed Regional Transportation Authority Suburban Transit | 5 | | Access Route (STAR Line) station. | 6 | | (r) "State Sales Tax Boundary" means the redevelopment | 7 | | project area or
the amended redevelopment project area | 8 | | boundaries which are determined
pursuant to subsection (9) of | 9 | | Section 11-74.4-8a of this
Act. The Department of Revenue shall | 10 | | certify pursuant to subsection (9) of
Section 11-74.4-8a the | 11 | | appropriate boundaries eligible for the
determination of State | 12 | | Sales Tax Increment.
| 13 | | (s) "State Sales Tax Increment" means an amount equal to | 14 | | the increase
in the aggregate amount of taxes paid by retailers | 15 | | and servicemen, other
than retailers and servicemen subject to | 16 | | the Public Utilities Act,
on transactions at places of business | 17 | | located within a State Sales Tax
Boundary pursuant to the | 18 | | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | 19 | | Tax Act, and the Service Occupation Tax Act, except such
| 20 | | portion of such increase that is paid into the State and Local | 21 | | Sales Tax
Reform Fund, the Local Government Distributive Fund, | 22 | | the Local
Government Tax Fund and the County and Mass Transit | 23 | | District Fund, for as
long as State participation exists, over | 24 | | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | 25 | | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | 26 | | taxes as certified by the Department of Revenue and
paid under |
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| 1 | | those Acts by retailers and servicemen on transactions at | 2 | | places
of business located within the State Sales Tax Boundary | 3 | | during the base
year which shall be the calendar year | 4 | | immediately prior to the year in
which the municipality adopted | 5 | | tax increment allocation financing, less
3.0% of such amounts | 6 | | generated under the Retailers' Occupation Tax Act, Use
Tax Act | 7 | | and Service Use Tax Act and the Service Occupation Tax Act, | 8 | | which
sum shall be appropriated to the Department of Revenue to | 9 | | cover its costs
of administering and enforcing this Section. | 10 | | For purposes of computing the
aggregate amount of such taxes | 11 | | for base years occurring prior to 1985, the
Department of | 12 | | Revenue shall compute the Initial Sales Tax Amount for such
| 13 | | taxes and deduct therefrom an amount equal to 4% of the | 14 | | aggregate amount of
taxes per year for each year the base year | 15 | | is prior to 1985, but not to
exceed a total deduction of 12%. | 16 | | The amount so determined shall be known
as the "Adjusted | 17 | | Initial Sales Tax Amount". For purposes of determining the
| 18 | | State Sales Tax Increment the Department of Revenue shall for | 19 | | each period
subtract from the tax amounts received from | 20 | | retailers and servicemen on
transactions located in the State | 21 | | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | 22 | | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | 23 | | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| 24 | | the Service Use Tax Act and the Service Occupation Tax Act. For | 25 | | the State
Fiscal Year 1989 this calculation shall be made by | 26 | | utilizing the calendar
year 1987 to determine the tax amounts |
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| 1 | | received. For the State Fiscal Year
1990, this calculation | 2 | | shall be made by utilizing the period from January
1, 1988, | 3 | | until September 30, 1988, to determine the tax amounts received
| 4 | | from retailers and servicemen, which shall have deducted | 5 | | therefrom
nine-twelfths of the certified Initial Sales Tax | 6 | | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | 7 | | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | 8 | | Year 1991, this calculation shall be made by utilizing
the | 9 | | period from October 1, 1988, until June 30, 1989, to determine | 10 | | the tax
amounts received from retailers and servicemen, which | 11 | | shall have
deducted therefrom nine-twelfths of the certified | 12 | | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | 13 | | Amounts or the Revised Initial Sales
Tax Amounts as | 14 | | appropriate. For every State Fiscal Year thereafter, the
| 15 | | applicable period shall be the 12 months beginning July 1 and | 16 | | ending on
June 30, to determine the tax amounts received which | 17 | | shall have deducted
therefrom the certified Initial Sales Tax | 18 | | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | 19 | | Initial Sales Tax Amounts. Municipalities
intending to receive | 20 | | a distribution of State Sales Tax Increment must
report a list | 21 | | of retailers to the Department of Revenue by October 31, 1988
| 22 | | and by July 31, of each year thereafter.
| 23 | | (t) "Taxing districts" means counties, townships, cities | 24 | | and incorporated
towns and villages, school, road, park, | 25 | | sanitary, mosquito abatement, forest
preserve, public health, | 26 | | fire protection, river conservancy, tuberculosis
sanitarium |
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| 1 | | and any other municipal corporations or districts with the | 2 | | power
to levy taxes.
| 3 | | (u) "Taxing districts' capital costs" means those costs of | 4 | | taxing districts
for capital improvements that are found by the | 5 | | municipal corporate authorities
to be necessary and directly | 6 | | result from the redevelopment project.
| 7 | | (u-5) "TIF Contractual Obligations" means bonds, loans, | 8 | | debentures, notes, special certificates, or other evidence of | 9 | | indebtedness issued by the municipality to carry out a | 10 | | redevelopment project or to refund outstanding obligations and | 11 | | payments associated with a redevelopment agreement or other | 12 | | binding contract which has been approved by the corporate | 13 | | authorities of the municipality. "TIF Contractual Obligations" | 14 | | do not include anticipated redevelopment project costs, | 15 | | multi-year capital plans, or other potential future payments | 16 | | not required to be made under to a legally binding written | 17 | | document approved by the corporate authorities of the | 18 | | municipality. | 19 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
| 20 | | Act, "vacant
land" means any parcel or combination of parcels | 21 | | of real property without
industrial, commercial, and | 22 | | residential buildings which has not been used
for commercial | 23 | | agricultural purposes within 5 years prior to the
designation | 24 | | of the redevelopment project area, unless the parcel
is | 25 | | included in an industrial park conservation area or the parcel | 26 | | has
been subdivided; provided that if the parcel was part of a |
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| 1 | | larger tract that
has been divided into 3 or more smaller | 2 | | tracts that were accepted for
recording during the period from | 3 | | 1950 to 1990, then the parcel shall be deemed
to have been | 4 | | subdivided, and all proceedings and actions of the municipality
| 5 | | taken in that connection with respect to any previously | 6 | | approved or designated
redevelopment project area or amended | 7 | | redevelopment project area are hereby
validated and hereby | 8 | | declared to be legally sufficient for all purposes of this
Act.
| 9 | | For purposes of this Section and only for land subject to
the | 10 | | subdivision requirements of the Plat Act, land is subdivided | 11 | | when the
original plat of
the proposed Redevelopment Project | 12 | | Area or relevant portion thereof has
been
properly certified, | 13 | | acknowledged, approved, and recorded or filed in accordance
| 14 | | with the Plat Act and a preliminary plat, if any, for any | 15 | | subsequent phases of
the
proposed Redevelopment Project Area or | 16 | | relevant portion thereof has been
properly approved and filed | 17 | | in accordance with the applicable ordinance of the
| 18 | | municipality.
| 19 | | (w) "Annual Total Increment" means the sum of each | 20 | | municipality's
annual Net Sales Tax Increment and each | 21 | | municipality's annual Net Utility
Tax Increment. The ratio of | 22 | | the Annual Total Increment of each
municipality to the Annual | 23 | | Total Increment for all municipalities, as most
recently | 24 | | calculated by the Department, shall determine the proportional
| 25 | | shares of the Illinois Tax Increment Fund to be distributed to | 26 | | each
municipality.
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| 1 | | (x) "LEED certified" means any certification level of | 2 | | construction elements by a qualified Leadership in Energy and | 3 | | Environmental Design Accredited Professional as determined by | 4 | | the U.S. Green Building Council. | 5 | | (y) "Green Globes certified" means any certification level | 6 | | of construction elements by a qualified Green Globes | 7 | | Professional as determined by the Green Building Initiative. | 8 | | (Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; | 9 | | 96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff. | 10 | | 1-1-12.)
| 11 | | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
| 12 | | Sec. 11-74.4-5. Public hearing; joint review board. | 13 | | (a) The changes made by this amendatory Act of the 91st
| 14 | | General Assembly do not apply to a municipality that, (i) | 15 | | before November 1, 1999 ( the
effective date of Public Act | 16 | | 91-478) this amendatory Act of the 91st General Assembly ,
has | 17 | | adopted an ordinance or resolution fixing a time and place for | 18 | | a
public hearing under this Section or (ii) before July 1, | 19 | | 1999, has adopted
an ordinance or resolution providing for a | 20 | | feasibility study under Section
11-74.4-4.1, but has not yet | 21 | | adopted an ordinance
approving redevelopment plans and | 22 | | redevelopment projects or designating
redevelopment project | 23 | | areas under Section 11-74.4-4, until after that
municipality | 24 | | adopts an ordinance
approving redevelopment plans and | 25 | | redevelopment projects or designating
redevelopment project |
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| 1 | | areas under Section 11-74.4-4; thereafter the changes
made by | 2 | | Public Act 91-478 this amendatory Act of the 91st General | 3 | | Assembly apply to the same
extent that they apply to
| 4 | | redevelopment plans and redevelopment projects that were | 5 | | approved and
redevelopment projects that were designated | 6 | | before November 1, 1999 ( the effective date of Public Act | 7 | | 91-478) this
amendatory Act of the 91st General Assembly .
| 8 | | Prior to the adoption of an ordinance proposing the
| 9 | | designation of a redevelopment project area, or approving a
| 10 | | redevelopment plan or redevelopment project, the municipality | 11 | | by its
corporate authorities, or as it may determine by any | 12 | | commission
designated under subsection (k) of Section | 13 | | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time | 14 | | and place for public hearing.
At least 10 days prior to the | 15 | | adoption of the ordinance or resolution
establishing the time
| 16 | | and place for the public hearing, the municipality shall make | 17 | | available for
public inspection a redevelopment plan or a | 18 | | separate report that provides in
reasonable detail the basis | 19 | | for the eligibility of
the redevelopment project area. The | 20 | | report along with the name of a
person to
contact for further | 21 | | information shall be sent within a reasonable time
after the | 22 | | adoption of such ordinance or resolution to the
affected taxing | 23 | | districts
by certified mail.
On and after the effective date of | 24 | | this amendatory Act of the 91st General
Assembly, the | 25 | | municipality shall print in a newspaper of general circulation
| 26 | | within the municipality a notice that interested persons may |
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| 1 | | register with the
municipality in order to receive information | 2 | | on the proposed designation of a
redevelopment project area or | 3 | | the approval of a redevelopment plan. The notice
shall state | 4 | | the place of registration and the operating hours of that | 5 | | place.
The municipality shall have adopted reasonable rules to | 6 | | implement this
registration process under Section 11-74.4-4.2.
| 7 | | The municipality shall provide notice of the availability of | 8 | | the
redevelopment plan and eligibility report, including how to | 9 | | obtain this
information, by mail within a reasonable time after | 10 | | the adoption of the
ordinance or resolution, to all residential | 11 | | addresses that, after a good faith
effort, the municipality | 12 | | determines are located outside the proposed
redevelopment | 13 | | project area and within 750 feet of the
boundaries of the | 14 | | proposed redevelopment project area. This requirement is
| 15 | | subject to the limitation that in a municipality with a | 16 | | population of over
100,000, if the total number of residential | 17 | | addresses outside the proposed
redevelopment project area and | 18 | | within 750 feet of the
boundaries of the proposed redevelopment | 19 | | project area exceeds 750, the
municipality shall be required to | 20 | | provide the notice to only the 750
residential addresses that, | 21 | | after a good faith effort, the municipality
determines are | 22 | | outside the proposed redevelopment project area and closest
to | 23 | | the boundaries of the proposed redevelopment project
area.
| 24 | | Notwithstanding the foregoing, notice given after August 7, | 25 | | 2001 (the
effective date of Public Act 92-263) and before the | 26 | | effective date of this
amendatory Act of the 92nd General |
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| 1 | | Assembly to residential addresses within 750
feet of the | 2 | | boundaries of a proposed redevelopment project area shall be | 3 | | deemed
to have been sufficiently given in compliance with this | 4 | | Act if given only to
residents outside the boundaries of the | 5 | | proposed redevelopment project area.
The notice shall also be | 6 | | provided by the municipality, regardless of its
population, to | 7 | | those organizations and residents that have registered with the
| 8 | | municipality for that information in accordance with the | 9 | | registration
guidelines established by the municipality under | 10 | | Section 11-74.4-4.2.
| 11 | | At the public hearing any
interested person or affected | 12 | | taxing district may file with the
municipal clerk written | 13 | | objections to and may be heard orally in respect
to any issues | 14 | | embodied in the notice. The municipality shall hear all | 15 | | protests
and objections at the hearing and the hearing may
be | 16 | | adjourned to another date without further notice other than a | 17 | | motion
to be entered upon the minutes fixing the time and place | 18 | | of the
subsequent hearing.
At the public hearing or at any time | 19 | | prior to the
adoption by the municipality of an ordinance | 20 | | approving a redevelopment plan,
the municipality may make | 21 | | changes in the redevelopment plan. Changes which (1)
add | 22 | | additional parcels of property to the proposed redevelopment | 23 | | project area,
(2) substantially affect the general land uses | 24 | | proposed in the redevelopment
plan, (3) substantially change | 25 | | the nature of or extend the life of the
redevelopment project,
| 26 | | or (4) increase the number of inhabited residential units to be |
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| 1 | | displaced from the redevelopment project area, as
measured from | 2 | | the time of creation of the redevelopment project area, to a | 3 | | total of more than
10,
shall be made only after the
| 4 | | municipality gives notice,
convenes a joint review board, and | 5 | | conducts a public hearing pursuant to the
procedures set forth | 6 | | in this Section and in Section 11-74.4-6 of this Act.
Changes | 7 | | which do not (1) add additional parcels of property to the | 8 | | proposed
redevelopment project area, (2) substantially affect | 9 | | the general land uses
proposed in the redevelopment plan, (3) | 10 | | substantially change the nature of
or extend the life of the | 11 | | redevelopment project,
or (4) increase the number of inhabited | 12 | | residential units to be displaced from the redevelopment | 13 | | project area, as
measured from the time of creation of the | 14 | | redevelopment project area, to a total
of more than 10,
may be | 15 | | made without further
hearing, provided that the municipality | 16 | | shall give notice of any such changes
by mail to each affected | 17 | | taxing district and registrant on the interested
parties | 18 | | registry, provided for under Section 11-74.4-4.2, and by | 19 | | publication in
a newspaper of
general circulation within the | 20 | | affected taxing district. Such notice by mail
and by | 21 | | publication shall each occur not later than 10 days following | 22 | | the
adoption by ordinance of such changes. Hearings with regard | 23 | | to a redevelopment
project area, project or plan may be held | 24 | | simultaneously.
| 25 | | (b) Prior to holding a public hearing to approve or amend a | 26 | | redevelopment
plan or to designate or add additional parcels of |
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| 1 | | property to a redevelopment
project area, the municipality
| 2 | | shall convene a joint review board. The board shall consist of | 3 | | a representative
selected by each community college district, | 4 | | local elementary school
district and high school district or | 5 | | each local community unit school
district, park district, | 6 | | library district, township, fire protection
district, and | 7 | | county that will have the authority to
directly levy taxes on | 8 | | the property within the proposed redevelopment
project area at | 9 | | the time that the proposed redevelopment project area is
| 10 | | approved, a representative selected by the municipality and a | 11 | | public
member. The public member shall first be selected and | 12 | | then the board's
chairperson shall be selected by
a majority of | 13 | | the board members present and voting.
| 14 | | For redevelopment project areas with redevelopment plans | 15 | | or proposed
redevelopment plans that would
result in the | 16 | | displacement of residents from 10 or more inhabited residential
| 17 | | units or that include 75 or more inhabited residential units, | 18 | | the public member
shall be a person who resides in the | 19 | | redevelopment project area. If, as
determined by the housing | 20 | | impact study provided for in paragraph (5) of
subsection (n) of | 21 | | Section 11-74.4-3, or if no housing impact study is required
| 22 | | then based on other reasonable data, the majority of | 23 | | residential units are
occupied by very low, low, or moderate | 24 | | income households, as defined in Section
3 of the Illinois | 25 | | Affordable Housing Act, the public member shall be a person
who | 26 | | resides in very low, low, or moderate income housing within the
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| 1 | | redevelopment project area. Municipalities with fewer than | 2 | | 15,000 residents
shall not be required to select a person who | 3 | | lives in very low, low, or
moderate income housing within the | 4 | | redevelopment project area, provided that
the redevelopment | 5 | | plan or project will not result in displacement of residents
| 6 | | from 10 or more inhabited units, and the municipality so | 7 | | certifies
in the plan. If no person satisfying these | 8 | | requirements is available or if no
qualified person will serve | 9 | | as the public member, then the joint review board
is relieved | 10 | | of this paragraph's selection requirements for the public
| 11 | | member.
| 12 | | Within 90 days of the effective date of this amendatory Act | 13 | | of the 91st
General Assembly, each municipality that designated | 14 | | a redevelopment project
area for which it was not required to | 15 | | convene a joint review board under this
Section shall convene a | 16 | | joint review board to perform the
duties specified under | 17 | | paragraph (e) of this Section.
| 18 | | All board members shall be appointed and the first board | 19 | | meeting shall be
held at least 14 days but not more than 28 | 20 | | days after the
mailing of notice by the
municipality to the | 21 | | taxing
districts as required by Section 11-74.4-6(c).
| 22 | | Notwithstanding the preceding sentence, a municipality that | 23 | | adopted either a
public hearing resolution or a feasibility | 24 | | resolution between July 1, 1999 and
July 1, 2000 that called | 25 | | for the meeting of the joint review board within 14
days of | 26 | | notice of public hearing to affected taxing districts is deemed |
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| 1 | | to be
in compliance with the notice, meeting, and public | 2 | | hearing provisions of the
Act.
Such notice
shall also advise
| 3 | | the taxing bodies represented on the joint review board of the | 4 | | time and place
of the first meeting of the board. Additional | 5 | | meetings of the
board shall be held upon the call of any | 6 | | member. The municipality
seeking designation of the | 7 | | redevelopment project area shall provide
administrative | 8 | | support to the board.
| 9 | | The board shall review (i) the public record, planning | 10 | | documents and
proposed ordinances approving the redevelopment | 11 | | plan and
project and (ii) proposed amendments to the | 12 | | redevelopment plan or additions
of parcels of property to the | 13 | | redevelopment project area to be
adopted by the municipality. | 14 | | As part of its deliberations, the board may
hold additional | 15 | | hearings on the proposal. A
board's recommendation shall be
an | 16 | | advisory, non-binding recommendation. The recommendation shall | 17 | | be adopted
by a majority of those members present and voting. | 18 | | The recommendations shall
be submitted to the municipality
| 19 | | within 30 days after convening of the board.
Failure of the | 20 | | board to
submit
its report on a timely basis shall not be cause | 21 | | to delay the public hearing
or any other step in the process of | 22 | | designating or
amending the
redevelopment project area but | 23 | | shall be deemed to constitute approval by the
joint review | 24 | | board of the matters before it.
| 25 | | The board shall base its recommendation to approve or | 26 | | disapprove the
redevelopment plan and the designation of the |
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| 1 | | redevelopment project area or the
amendment of the | 2 | | redevelopment plan or addition of parcels of property to the
| 3 | | redevelopment project area on the basis of the redevelopment | 4 | | project area and
redevelopment plan satisfying the
plan | 5 | | requirements, the eligibility criteria
defined in Section | 6 | | 11-74.4-3, and the objectives of this Act.
| 7 | | The board shall issue a written report describing why the
| 8 | | redevelopment plan and project area or the amendment thereof | 9 | | meets or
fails to meet one or more of the objectives of this | 10 | | Act and both the plan
requirements and the eligibility criteria | 11 | | defined in Section 11-74.4-3.
In the event the Board does not | 12 | | file a report it shall be presumed
that these taxing bodies | 13 | | find the redevelopment project area and
redevelopment plan | 14 | | satisfy the
objectives of this Act and the plan requirements | 15 | | and eligibility criteria.
| 16 | | If the board recommends rejection of the matters before it, | 17 | | the
municipality will have 30 days within which to resubmit the | 18 | | plan or amendment.
During this period, the municipality will | 19 | | meet and confer with the board and
attempt to resolve those | 20 | | issues set forth in the board's written report that
led to the | 21 | | rejection of the plan or amendment.
| 22 | | Notwithstanding the resubmission set forth above, the | 23 | | municipality may
commence the scheduled public hearing and | 24 | | either adjourn the public hearing or
continue the public | 25 | | hearing until a date certain. Prior to continuing any
public | 26 | | hearing to a date certain, the municipality shall announce |
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| 1 | | during the
public hearing the time, date, and location for the | 2 | | reconvening of the public
hearing. Any changes to the | 3 | | redevelopment plan necessary to satisfy the issues
set forth in | 4 | | the joint review board report shall be the subject of a public
| 5 | | hearing before the hearing is adjourned if the changes would | 6 | | (1) substantially
affect the general land uses proposed in the | 7 | | redevelopment plan, (2)
substantially change the nature of or | 8 | | extend the life of the redevelopment
project, or (3) increase | 9 | | the number of inhabited residential units to be
displaced from | 10 | | the redevelopment project area, as
measured from the
time of | 11 | | creation of the redevelopment project area, to a total of
more | 12 | | than 10. Changes to the redevelopment plan necessary
to
satisfy | 13 | | the issues set forth in the joint review board report shall not | 14 | | require
any further notice or convening of a joint review board | 15 | | meeting, except that
any changes to the redevelopment plan that | 16 | | would add additional parcels of
property to the proposed | 17 | | redevelopment project area shall be subject to the
notice, | 18 | | public hearing, and joint review board meeting requirements | 19 | | established
for such changes by subsection (a) of Section | 20 | | 11-74.4-5.
| 21 | | In the event that the
municipality and the board are unable | 22 | | to resolve these differences, or in the
event that the | 23 | | resubmitted plan or amendment is rejected by the board, the
| 24 | | municipality may proceed with the plan or amendment, but only | 25 | | upon a
three-fifths vote of the corporate authority responsible | 26 | | for approval of the
plan or amendment, excluding positions of |
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| 1 | | members that are vacant and those
members that are ineligible | 2 | | to vote because of conflicts of interest.
| 3 | | (c) After a municipality has by ordinance approved a | 4 | | redevelopment plan
and designated a redevelopment project | 5 | | area, the plan may be amended and
additional properties may be | 6 | | added to the redevelopment project area only as
herein | 7 | | provided. Amendments which (1) add additional parcels of | 8 | | property to
the proposed redevelopment project area, (2) | 9 | | substantially affect the general
land uses proposed in the | 10 | | redevelopment plan, (3) substantially change the
nature of the | 11 | | redevelopment project, (4) increase the total estimated
| 12 | | redevelopment
project costs set out in the redevelopment plan | 13 | | by more than 5% after
adjustment for inflation from the date | 14 | | the plan was adopted, (5) add
additional redevelopment project | 15 | | costs to the itemized list of redevelopment
project costs set | 16 | | out in the redevelopment plan, or (6) increase the number of
| 17 | | inhabited residential units to be
displaced from the | 18 | | redevelopment
project area, as measured from the time of | 19 | | creation of
the
redevelopment project area, to a total of more | 20 | | than
10, shall be made only after
the
municipality gives | 21 | | notice, convenes a joint review board, and conducts a public
| 22 | | hearing pursuant to the procedures set forth in this Section | 23 | | and in Section
11-74.4-6 of this Act. Changes which do not (1) | 24 | | add additional parcels of
property to the proposed | 25 | | redevelopment project area, (2) substantially affect
the | 26 | | general land uses proposed in the redevelopment plan, (3) |
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| 1 | | substantially
change the nature of the redevelopment project, | 2 | | (4) increase the total
estimated redevelopment project cost set | 3 | | out in the redevelopment plan by more
than 5% after adjustment | 4 | | for inflation from the date the plan was adopted,
(5) add | 5 | | additional redevelopment project costs to the itemized list of
| 6 | | redevelopment project costs set out in the redevelopment plan, | 7 | | or (6) increase
the number of inhabited residential units to be | 8 | | displaced from the
redevelopment project area, as measured from | 9 | | the time of
creation of
the redevelopment project area, to a | 10 | | total of more than 10, may be made
without further public | 11 | | hearing
and related notices and procedures including the | 12 | | convening of a joint review
board as set forth in Section | 13 | | 11-74.4-6 of this Act, provided that the
municipality shall | 14 | | give notice of
any such changes by mail to each affected taxing | 15 | | district and registrant on the
interested parties registry, | 16 | | provided for under Section 11-74.4-4.2, and by
publication in
a | 17 | | newspaper of general circulation within the affected taxing | 18 | | district. Such
notice by mail and by publication shall each | 19 | | occur not later than 10 days
following the adoption by | 20 | | ordinance of such changes.
| 21 | | (d) After November 1, 1999 ( the effective date of Public | 22 | | Act 91-478) this amendatory Act of the 91st General
Assembly , a
| 23 | | municipality shall submit in an electronic format the
following | 24 | | information for each redevelopment project area (i) to the | 25 | | State
Comptroller under Section 8-8-3.5 of the Illinois | 26 | | Municipal Code, subject to any extensions or exemptions |
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| 1 | | provided at the Comptroller's discretion under that Section,
| 2 | | and (ii) to all taxing districts overlapping the
redevelopment | 3 | | project area no later than 180
days after the close of each | 4 | | municipal fiscal year or as soon thereafter as
the audited | 5 | | financial
statements become available and, in any case, shall | 6 | | be submitted before the
annual meeting of the Joint Review | 7 | | Board to each of the taxing districts that
overlap the | 8 | | redevelopment project area:
| 9 | | (1) Any amendments to the redevelopment plan, the | 10 | | redevelopment
project area, or the State Sales Tax | 11 | | Boundary.
| 12 | | (1.5) A list of the redevelopment project areas | 13 | | administered by the
municipality and, if applicable, the | 14 | | date each redevelopment project area was
designated or | 15 | | terminated by the municipality.
| 16 | | (2) Audited financial statements of the special tax | 17 | | allocation fund once a
cumulative total of $100,000 has | 18 | | been deposited in the fund.
| 19 | | (3) Certification of the Chief Executive Officer of the | 20 | | municipality
that the municipality has complied with all of | 21 | | the requirements of this Act
during the preceding fiscal | 22 | | year.
| 23 | | (4) An opinion of legal counsel that the municipality | 24 | | is in compliance
with this Act.
| 25 | | (5) An analysis of the special tax allocation fund | 26 | | which sets forth:
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| 1 | | (A) the balance in the special tax allocation fund | 2 | | at the beginning of
the fiscal year;
| 3 | | (B) all amounts deposited in the special tax | 4 | | allocation fund by source;
| 5 | | (C) an itemized list of all expenditures from the | 6 | | special tax
allocation fund by category of
permissible | 7 | | redevelopment project cost; and
| 8 | | (D) the balance in the special tax allocation fund | 9 | | at the end of the
fiscal year including a breakdown of | 10 | | that balance by source and a breakdown
of that balance | 11 | | identifying any portion of the balance that is | 12 | | required,
pledged, earmarked, or otherwise designated | 13 | | for payment of or securing of
obligations and | 14 | | anticipated redevelopment project costs. Any portion | 15 | | of
such ending balance that has not been identified or | 16 | | is not identified as
being
required, pledged, | 17 | | earmarked, or otherwise designated for payment of or
| 18 | | securing of obligations or anticipated redevelopment | 19 | | projects costs
shall be designated as surplus as set | 20 | | forth in Section
11-74.4-7 hereof.
| 21 | | (6) A description of all property purchased by the | 22 | | municipality within
the redevelopment project area | 23 | | including:
| 24 | | (A) Street address.
| 25 | | (B) Approximate size or description of property.
| 26 | | (C) Purchase price.
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| 1 | | (D) Seller of property.
| 2 | | (7) A statement setting forth all activities | 3 | | undertaken in furtherance
of the objectives of the | 4 | | redevelopment plan, including:
| 5 | | (A) Any project implemented in the preceding | 6 | | fiscal year.
| 7 | | (B) A description of the redevelopment activities | 8 | | undertaken.
| 9 | | (C) A description of any agreements entered into by | 10 | | the municipality
with
regard to the disposition or | 11 | | redevelopment of any property within the
redevelopment | 12 | | project area or the area within the State Sales Tax | 13 | | Boundary.
| 14 | | (D) Additional information on the use of all funds | 15 | | received under this
Division and steps taken by the
| 16 | | municipality to achieve the objectives of the | 17 | | redevelopment plan.
| 18 | | (E) Information regarding contracts that the | 19 | | municipality's tax
increment advisors or consultants | 20 | | have entered into with entities or persons
that have | 21 | | received, or are receiving, payments financed by tax | 22 | | increment
revenues produced by the same redevelopment | 23 | | project area.
| 24 | | (F) Any reports submitted to the municipality by | 25 | | the joint review board.
| 26 | | (G) A review of public and, to the extent possible, |
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| 1 | | private investment
actually undertaken to date after | 2 | | November 1, 1999 ( the effective date of Public Act | 3 | | 91-478) this amendatory Act of
the 91st General | 4 | | Assembly and estimated to be undertaken during the | 5 | | following
year. This review shall, on a | 6 | | project-by-project basis, set forth the
estimated | 7 | | amounts of public and private investment incurred | 8 | | after the effective
date of this amendatory Act of the | 9 | | 91st General Assembly and provide the ratio
of private | 10 | | investment to public investment to the date of the | 11 | | report and as
estimated to the completion of the | 12 | | redevelopment project.
| 13 | | (H) For municipalities with a financially | 14 | | distressed school district, a calculation of reporting | 15 | | year TIF Contractual Obligations and distressed | 16 | | surplus funds. | 17 | | (8) With regard to any obligations issued by the | 18 | | municipality:
| 19 | | (A) copies of any official statements; and
| 20 | | (B) an analysis prepared by financial advisor or | 21 | | underwriter setting
forth: (i) nature and term of | 22 | | obligation; and (ii) projected debt service
including | 23 | | required reserves and debt coverage.
| 24 | | (9) For special tax allocation funds that have | 25 | | experienced cumulative
deposits of incremental tax | 26 | | revenues of $100,000 or more, a certified audit
report |
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| 1 | | reviewing compliance
with this Act
performed by an | 2 | | independent public accountant certified and licensed by | 3 | | the
authority of the State of Illinois. The financial | 4 | | portion of the audit
must be conducted in accordance with | 5 | | Standards for Audits of Governmental
Organizations, | 6 | | Programs, Activities, and Functions adopted by the
| 7 | | Comptroller General of the United States (1981), as | 8 | | amended, or the standards
specified by Section 8-8-5 of the | 9 | | Illinois Municipal Auditing Law of the
Illinois Municipal | 10 | | Code. The audit
report shall contain a letter from the | 11 | | independent certified public accountant
indicating | 12 | | compliance or noncompliance with the requirements
of | 13 | | subsection (q) of Section 11-74.4-3. For redevelopment | 14 | | plans or
projects that would result in the displacement of | 15 | | residents from 10 or more
inhabited residential units or | 16 | | that contain 75 or more inhabited residential
units, notice | 17 | | of the availability of the information, including how to | 18 | | obtain
the report, required in this subsection shall also | 19 | | be sent by mail to all
residents or organizations that | 20 | | operate in the municipality that register with
the | 21 | | municipality for that information according to | 22 | | registration procedures
adopted under Section 11-74.4-4.2. | 23 | | All municipalities are subject to this
provision.
| 24 | | (10) A list of all intergovernmental agreements in | 25 | | effect during the fiscal year to which the municipality is | 26 | | a party and an accounting of any moneys transferred or |
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| 1 | | received by the municipality during that fiscal year | 2 | | pursuant to those intergovernmental agreements. | 3 | | (d-1) Prior to the effective date of this amendatory Act of | 4 | | the 91st
General Assembly, municipalities with populations of | 5 | | over 1,000,000 shall,
after
adoption of a redevelopment plan or | 6 | | project, make available upon request to any
taxing district in | 7 | | which the redevelopment project area is located the
following | 8 | | information:
| 9 | | (1) Any amendments to the redevelopment plan, the | 10 | | redevelopment project
area, or the State Sales Tax | 11 | | Boundary; and
| 12 | | (2) In connection with any redevelopment project area | 13 | | for which the
municipality has outstanding obligations | 14 | | issued to provide for redevelopment
project costs pursuant | 15 | | to Section 11-74.4-7, audited financial statements of
the | 16 | | special tax allocation fund.
| 17 | | (e) The joint review board shall meet annually 180 days
| 18 | | after the close of the municipal fiscal year or as soon as the | 19 | | redevelopment
project audit for that fiscal year becomes | 20 | | available to review the
effectiveness and status of the | 21 | | redevelopment project area up to that date.
| 22 | | (f) (Blank).
| 23 | | (g) In the event that a municipality has held a public | 24 | | hearing under this
Section prior to March 14, 1994 (the | 25 | | effective date of Public Act 88-537), the
requirements imposed | 26 | | by Public Act 88-537 relating to the method of fixing the
time |
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| 1 | | and place for public hearing, the materials and information | 2 | | required to be
made available for public inspection, and the | 3 | | information required to be sent
after adoption of an ordinance | 4 | | or resolution fixing a time and place for public
hearing shall | 5 | | not be applicable.
| 6 | | (h) On and after the effective date of this amendatory Act | 7 | | of the 96th General Assembly, the State Comptroller must post | 8 | | on the State Comptroller's official website the information | 9 | | submitted by a municipality pursuant to subsection (d) of this | 10 | | Section. The information must be posted no later than 45 days | 11 | | after the State Comptroller receives the information from the | 12 | | municipality. The State Comptroller must also post a list of | 13 | | the municipalities not in compliance with the reporting | 14 | | requirements set forth in subsection (d) of this Section. | 15 | | (i) No later than 10 years after the corporate authorities | 16 | | of a municipality adopt an ordinance to establish a | 17 | | redevelopment project area, the municipality must compile a | 18 | | status report concerning the redevelopment project area. The | 19 | | status report must detail without limitation the following: (i) | 20 | | the amount of revenue generated within the redevelopment | 21 | | project area, (ii) any expenditures made by the municipality | 22 | | for the redevelopment project area including without | 23 | | limitation expenditures from the special tax allocation fund, | 24 | | (iii) the status of planned activities, goals, and objectives | 25 | | set forth in the redevelopment plan including details on new or | 26 | | planned construction within the redevelopment project area, |
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| 1 | | (iv) the amount of private and public investment within the | 2 | | redevelopment project area, and (v) any other relevant | 3 | | evaluation or performance data. Within 30 days after the | 4 | | municipality compiles the status report, the municipality must | 5 | | hold at least one public hearing concerning the report. The | 6 | | municipality must provide 20 days' public notice of the | 7 | | hearing. | 8 | | (j) Beginning in fiscal year 2011 and in each fiscal year | 9 | | thereafter, a municipality must detail in its annual budget (i) | 10 | | the revenues generated from redevelopment project areas by | 11 | | source and (ii) the expenditures made by the municipality for | 12 | | redevelopment project areas. | 13 | | (Source: P.A. 98-922, eff. 8-15-14.)
| 14 | | (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
| 15 | | Sec. 11-74.4-7. Obligations secured by the special tax | 16 | | allocation fund
set forth in Section 11-74.4-8 for the | 17 | | redevelopment project area may be
issued to provide for | 18 | | redevelopment project costs. Such obligations, when
so issued, | 19 | | shall be retired in the manner provided in the ordinance
| 20 | | authorizing the issuance of such obligations by the receipts of | 21 | | taxes
levied as specified in Section 11-74.4-9 against the | 22 | | taxable property
included in the area, by revenues as specified | 23 | | by Section 11-74.4-8a and
other revenue designated by the | 24 | | municipality. A municipality may in the
ordinance pledge all or | 25 | | any part of the funds in and to be deposited in the
special tax |
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| 1 | | allocation fund created pursuant to Section 11-74.4-8 to the
| 2 | | payment of the redevelopment project costs and obligations. Any | 3 | | pledge of
funds in the special tax allocation fund shall | 4 | | provide for distribution to
the taxing districts and to the | 5 | | Illinois Department of Revenue of moneys
not required, pledged, | 6 | | earmarked, or otherwise designated for payment and
securing of | 7 | | the obligations and anticipated redevelopment project costs | 8 | | and
such excess funds shall be calculated annually and deemed | 9 | | to be "surplus"
funds. In the event a municipality only applies | 10 | | or pledges a portion of the
funds in the special tax allocation | 11 | | fund for the payment or securing of
anticipated redevelopment | 12 | | project costs or of obligations, any such funds
remaining in | 13 | | the special tax allocation fund after complying with the
| 14 | | requirements of the application or pledge, shall also be | 15 | | calculated annually
and deemed "surplus" funds. However, | 16 | | municipalities whose boundaries contain all or a portion of a | 17 | | financially distressed school district must annually calculate | 18 | | their Distressed Surplus Funds. Within 180 days of the end of | 19 | | its fiscal year, the municipality will distribute all | 20 | | Distressed Surplus Funds to the financially distressed school | 21 | | district and this distribution is in place of any distribution | 22 | | of surplus funds to the taxing districts. Once the school | 23 | | district no longer qualifies as a financially distressed school | 24 | | district, the municipality will no longer calculate Distressed | 25 | | Surplus Funds and will calculate surplus funds as provided in | 26 | | this Section. All surplus funds in the special tax allocation
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| 1 | | fund shall be distributed annually within 180 days after the | 2 | | close of the
municipality's fiscal year by being paid by the
| 3 | | municipal treasurer to the County Collector, to the Department | 4 | | of Revenue
and to the municipality in direct proportion to the | 5 | | tax incremental revenue
received as a result of an increase in | 6 | | the equalized assessed value of
property in the redevelopment | 7 | | project area, tax incremental revenue
received from the State | 8 | | and tax incremental revenue received from the
municipality, but | 9 | | not to exceed as to each such source the total
incremental | 10 | | revenue received from that source. The County Collector shall
| 11 | | thereafter make distribution to the respective taxing | 12 | | districts in the same
manner and proportion as the most recent | 13 | | distribution by the county
collector to the affected districts | 14 | | of real property taxes from real
property in the redevelopment | 15 | | project area.
| 16 | | Without limiting the foregoing in this Section, the | 17 | | municipality may in
addition to obligations secured by the | 18 | | special tax allocation fund pledge
for a period not greater | 19 | | than the term of the obligations towards payment
of such | 20 | | obligations any part or any combination of the following: (a) | 21 | | net
revenues of all or part of any redevelopment project; (b) | 22 | | taxes levied and
collected on any or all property in the | 23 | | municipality; (c) the full faith
and credit of the | 24 | | municipality; (d) a mortgage on part or all of the
| 25 | | redevelopment project; or (e) any other taxes or anticipated | 26 | | receipts that
the municipality may lawfully pledge.
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| 1 | | Such obligations may be issued in one or more series | 2 | | bearing interest at
such rate or rates as the corporate | 3 | | authorities of the municipality shall
determine by ordinance. | 4 | | Such obligations shall bear such date or dates,
mature at such | 5 | | time or times not exceeding 20 years from their respective
| 6 | | dates, be in such denomination, carry such registration | 7 | | privileges, be executed
in such manner, be payable in such | 8 | | medium of payment at such place or places,
contain such | 9 | | covenants, terms and conditions, and be subject to redemption
| 10 | | as such ordinance shall provide. Obligations issued pursuant to | 11 | | this Act
may be sold at public or private sale at such price as | 12 | | shall be determined
by the corporate authorities of the | 13 | | municipalities. No referendum approval
of the electors shall be | 14 | | required as a condition to the issuance of obligations
pursuant | 15 | | to this Division except as provided in this Section.
| 16 | | In the event the municipality authorizes issuance of | 17 | | obligations pursuant
to the authority of this Division secured | 18 | | by the full faith and credit of
the municipality, which | 19 | | obligations are other than obligations which may
be issued | 20 | | under home rule powers provided by Article VII, Section 6 of | 21 | | the
Illinois Constitution, or pledges taxes pursuant to (b) or | 22 | | (c) of the second
paragraph of this section, the ordinance | 23 | | authorizing the issuance of such
obligations or pledging such | 24 | | taxes shall be published within 10 days after
such ordinance | 25 | | has been passed in one or more newspapers, with general
| 26 | | circulation within such municipality. The publication of the |
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| 1 | | ordinance
shall be accompanied by a notice of (1) the specific | 2 | | number of voters
required to sign a petition requesting the | 3 | | question of the issuance of such
obligations or pledging taxes | 4 | | to be submitted to the electors; (2) the time
in which such | 5 | | petition must be filed; and (3) the date of the prospective
| 6 | | referendum. The municipal clerk shall provide a petition form | 7 | | to any
individual requesting one.
| 8 | | If no petition is filed with the municipal clerk, as | 9 | | hereinafter provided
in this Section, within 30 days after the | 10 | | publication of the ordinance,
the ordinance shall be in effect. | 11 | | But, if within that 30 day period a petition
is filed with the | 12 | | municipal clerk, signed by electors in the
municipality | 13 | | numbering 10% or more of the number of registered voters in the
| 14 | | municipality, asking that the question of issuing
obligations | 15 | | using full faith and credit of the municipality as security
for | 16 | | the cost of paying for redevelopment project costs, or of | 17 | | pledging taxes
for the payment of such obligations, or both, be | 18 | | submitted to the electors
of the municipality, the corporate | 19 | | authorities of the municipality shall
call a special election | 20 | | in the manner provided by law to vote upon that
question, or, | 21 | | if a general, State or municipal election is to be held within
| 22 | | a period of not less than 30 or more than 90 days from the date | 23 | | such petition
is filed, shall submit the question at the next | 24 | | general, State or municipal
election. If it appears upon the | 25 | | canvass of the election by the corporate
authorities that a | 26 | | majority of electors voting upon the question voted in
favor |
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| 1 | | thereof, the ordinance shall be in effect, but if a majority of | 2 | | the
electors voting upon the question are not in favor thereof, | 3 | | the ordinance
shall not take effect.
| 4 | | The ordinance authorizing the obligations may provide that | 5 | | the obligations
shall contain a recital that they are issued | 6 | | pursuant to this Division,
which recital shall be conclusive | 7 | | evidence of their validity and of the
regularity of their | 8 | | issuance.
| 9 | | In the event the municipality authorizes issuance of | 10 | | obligations pursuant
to this Section secured by the full faith | 11 | | and credit of the municipality,
the ordinance authorizing the | 12 | | obligations may provide for the levy and
collection of a direct | 13 | | annual tax upon all taxable property within the
municipality | 14 | | sufficient to pay the principal thereof and interest thereon
as | 15 | | it matures, which levy may be in addition to and exclusive of | 16 | | the
maximum of all other taxes authorized to be levied by the | 17 | | municipality,
which levy, however, shall be abated to the | 18 | | extent that monies from other
sources are available for payment | 19 | | of the obligations and the municipality
certifies the amount of | 20 | | said monies available to the county clerk.
| 21 | | A certified copy of such ordinance shall be filed with the | 22 | | county clerk
of each county in which any portion of the | 23 | | municipality is situated, and
shall constitute the authority | 24 | | for the extension and collection of the taxes
to be deposited | 25 | | in the special tax allocation fund.
| 26 | | A municipality may also issue its obligations to refund in |
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| 1 | | whole or in
part, obligations theretofore issued by such | 2 | | municipality under the authority
of this Act, whether at or | 3 | | prior to maturity, provided however, that the
last maturity of | 4 | | the refunding obligations may not be later than the dates set | 5 | | forth under Section 11-74.4-3.5.
| 6 | | In the event a municipality issues obligations under home | 7 | | rule powers or
other legislative authority the proceeds of | 8 | | which are pledged to pay
for redevelopment project costs, the | 9 | | municipality may, if it has followed
the procedures in | 10 | | conformance with this division, retire said obligations
from | 11 | | funds in the special tax allocation fund in amounts and in such | 12 | | manner
as if such obligations had been issued pursuant to the | 13 | | provisions of this
division.
| 14 | | All obligations heretofore or hereafter issued pursuant to | 15 | | this Act shall
not be regarded as indebtedness of the | 16 | | municipality issuing such obligations
or any other taxing | 17 | | district for the purpose of any limitation imposed by law.
| 18 | | (Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331, | 19 | | eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07; | 20 | | 95-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff. | 21 | | 10-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932, | 22 | | eff. 8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08; | 23 | | 95-1028, eff. 8-25-09 (see Section 5 of P.A. 96-717 for the | 24 | | effective date of changes made by P.A. 95-1028); 96-328, eff. | 25 | | 8-11-09; 96-1000, eff. 7-2-10.) |
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| 1 | | Section 10. The School Code is amended by adding Section | 2 | | 34-21.9 as follows: | 3 | | (105 ILCS 5/34-21.9 new) | 4 | | Sec. 34-21.9. Finally distressed school districts. Within | 5 | | 30 days after becoming a financially distressed school | 6 | | district, the Board or designee of the Board must notify, in | 7 | | writing, all municipalities within the school district's | 8 | | boundaries of its status as a financially distressed school | 9 | | district. Within 30 days after a school district no longer | 10 | | meets the definition of a financially distressed school | 11 | | district, it must notify, in writing, all municipalities within | 12 | | the school district's boundaries of its change in status. As | 13 | | used in this Section, "financially distressed school district" | 14 | | has the meaning as defined under subsection (b-2) of Section | 15 | | 11-74.4-3 of the Illinois Municipal Code.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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