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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/11-74.6-35
(65 ILCS 5/11-74.6-35)
Sec. 11-74.6-35. Ordinance for tax increment allocation financing.
(a) A municipality, at the time a redevelopment project area
is designated, may adopt tax increment allocation financing by passing an
ordinance providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property within the redevelopment project
area by taxing districts and tax rates determined in the manner provided
in subsection (b) of Section 11-74.6-40 each year after the effective
date of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this Act
have been paid shall be divided as follows:
(1) That portion of the taxes levied upon each | | taxable lot, block, tract, or parcel of real property that is attributable to the lower of the current equalized assessed value or the initial equalized assessed value or the updated initial equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law without regard to the adoption of tax increment allocation financing.
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(2) That portion, if any, of those taxes that is
| | attributable to the increase in the current equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area, over and above the initial equalized assessed value or the updated initial equalized assessed value of each property in the project area, shall be allocated to and when collected shall be paid by the county collector to the municipal treasurer who shall deposit that portion of those taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of those costs and obligations. In any county with a population of 3,000,000 or more that has adopted a procedure for collecting taxes that provides for one or more of the installments of the taxes to be billed and collected on an estimated basis, the municipal treasurer shall be paid for deposit in the special tax allocation fund of the municipality, from the taxes collected from estimated bills issued for property in the redevelopment project area, the difference between the amount actually collected from each taxable lot, block, tract, or parcel of real property within the redevelopment project area and an amount determined by multiplying the rate at which taxes were last extended against the taxable lot, block, tract, or parcel of real property in the manner provided in subsection (b) of Section 11-74.6-40 by the initial equalized assessed value or the updated initial equalized assessed value of the property divided by the number of installments in which real estate taxes are billed and collected within the county, provided that the payments on or before December 31, 1999 to a municipal treasurer shall be made only if each of the following conditions are met:
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(A) The total equalized assessed value of the
| | redevelopment project area as last determined was not less than 175% of the total initial equalized assessed value.
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(B) Not more than 50% of the total equalized
| | assessed value of the redevelopment project area as last determined is attributable to a piece of property assigned a single real estate index number.
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(C) The municipal clerk has certified to the
| | county clerk that the municipality has issued its obligations to which there has been pledged the incremental property taxes of the redevelopment project area or taxes levied and collected on any or all property in the municipality or the full faith and credit of the municipality to pay or secure payment for all or a portion of the redevelopment project costs. The certification shall be filed annually no later than September 1 for the estimated taxes to be distributed in the following year.
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The conditions of paragraphs (A) through (C) do not apply after December
31, 1999 to payments to a municipal treasurer
made by a county with 3,000,000 or more inhabitants that has adopted an
estimated billing procedure for collecting taxes.
If a county that has adopted the estimated billing
procedure makes an erroneous overpayment of tax revenue to the municipal
treasurer, then the county may seek a refund of that overpayment.
The county shall send the municipal treasurer a notice of liability for the
overpayment on or before the mailing date of the next real estate tax bill
within the county. The refund shall be limited to the amount of the
overpayment.
(b) It is the intent of this Act that a municipality's own ad valorem
tax arising from levies on taxable real property be included in the
determination of incremental revenue in the manner provided in paragraph
(b) of Section 11-74.6-40.
(c) If a municipality has adopted tax increment allocation financing for a
redevelopment project area by
ordinance and the county clerk thereafter certifies the total initial
equalized assessed value or the total updated initial equalized
assessed value of the taxable real property within such redevelopment
project area in the manner provided in paragraph (a) or (b) of Section
11-74.6-40, each year after the date of the certification of the total
initial equalized assessed value or the total updated initial
equalized assessed value until redevelopment project costs and all
municipal obligations financing redevelopment project costs have been paid,
the ad valorem taxes, if any, arising from the levies upon the taxable real
property in the redevelopment project area by taxing districts and tax
rates determined in the manner provided in paragraph (b) of Section
11-74.6-40 shall be divided as follows:
(1) That portion of the taxes levied upon each
| | taxable lot, block, tract or parcel of real property that is attributable to the lower of the current equalized assessed value or the initial equalized assessed value, or the updated initial equalized assessed value of each parcel if the updated initial equalized assessed value of that parcel has been certified in accordance with Section 11-74.6-40, whichever has been most recently certified, of each taxable lot, block, tract, or parcel of real property existing at the time tax increment allocation financing was adopted in the redevelopment project area, shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law without regard to the adoption of tax increment allocation financing.
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(2) That portion, if any, of those taxes that is
| | attributable to the increase in the current equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area, over and above the initial equalized assessed value of each property existing at the time tax increment allocation financing was adopted in the redevelopment project area, or the updated initial equalized assessed value of each parcel if the updated initial equalized assessed value of that parcel has been certified in accordance with Section 11-74.6-40, shall be allocated to and when collected shall be paid to the municipal treasurer, who shall deposit those taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof.
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(d) The municipality may pledge in the ordinance the funds in and to be
deposited in the special tax allocation fund for the payment of
redevelopment project costs and obligations. No part of the current
equalized assessed value of each property in the redevelopment project
area attributable to any increase above the total initial equalized
assessed value
or the total initial updated equalized assessed value of the property,
shall be used in calculating the general State aid formula, provided
for in Section 18-8 of the School Code, or the evidence-based funding formula, provided for in Section 18-8.15 of the School Code, until all redevelopment project
costs have been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of financing
redevelopment project costs, that municipality may provide by ordinance for the
appointment of a trustee, which may be any trust company within the State,
and for the establishment of any funds or accounts to be maintained by
that trustee, as the municipality deems necessary to provide for the
security and payment of the bonds. If the municipality provides for
the appointment of a trustee, the trustee shall be considered the assignee
of any payments assigned by the municipality under that ordinance
and this Section. Any amounts paid to the trustee as
assignee shall be deposited into the funds or accounts established
under the trust agreement, and shall be held by the trustee in trust for the
benefit of the holders of the bonds. The holders of those bonds shall have a
lien on and a security interest in those funds or accounts while the
bonds remain outstanding and unpaid. Upon retirement of the bonds,
the trustee shall pay over any excess amounts held to the municipality for
deposit in the special tax allocation fund.
When the redevelopment projects costs, including without limitation all
municipal obligations financing redevelopment project costs incurred under
this Law, have been paid, all surplus funds then remaining in the
special tax allocation fund shall be distributed by being paid by the
municipal treasurer to the municipality and the county collector; first to
the municipality in direct proportion to the tax incremental revenue
received from the municipality, but not to exceed the total incremental
revenue received from the municipality, minus any annual surplus
distribution of incremental revenue previously made. Any remaining funds
shall be paid to the county collector who shall immediately distribute that
payment to the taxing districts in the redevelopment project area in the
same manner and proportion as the most recent distribution by the county
collector to the affected districts of real property taxes from real
property situated in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of
obligations and the distribution of any excess moneys under this
Section, the municipality shall adopt an ordinance dissolving the special
tax allocation fund for the redevelopment project area and terminating the
designation of the redevelopment project area as a redevelopment project
area. Thereafter the tax levies of taxing districts shall be extended,
collected and distributed in the same manner applicable
before the adoption of tax increment allocation financing.
Municipality shall notify affected taxing districts prior to November if the
redevelopment project area is to be terminated by December 31 of that same
year.
Nothing in this Section shall be construed as relieving property in a
redevelopment project area from being assessed as provided in the Property
Tax Code or as relieving owners of that property
from paying a uniform rate of taxes, as required by Section 4 of Article IX
of the Illinois Constitution.
(Source: P.A. 102-558, eff. 8-20-21.)
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65 ILCS 5/11-74.6-37
(65 ILCS 5/11-74.6-37)
Sec. 11-74.6-37.
Cancellation and repayment of tax benefits.
Any tax
abatement or
benefit granted by a taxing district under an agreement entered into under this
Act to a private individual or entity for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility shall be
cancelled if the individual or entity relocated its entire facility in
violation of the agreement, and the amount of the abatements or tax benefits
granted before the cancellation shall be repaid to the taxing district within
30 days, as provided in Section 18-183 of the Property Tax Code.
(Source: P.A. 89-591, eff. 8-1-96.)
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65 ILCS 5/11-74.6-40
(65 ILCS 5/11-74.6-40)
Sec. 11-74.6-40. Equalized assessed value determination; property tax
extension.
(a) If a municipality by ordinance provides for tax increment allocation
financing under Section 11-74.6-35, the county clerk immediately thereafter:
(1) shall determine the initial equalized assessed | | value of each parcel of real property in the redevelopment project area, which is the most recently established equalized assessed value of each lot, block, tract or parcel of taxable real property within the redevelopment project area, minus the homestead exemptions under Article 15 of the Property Tax Code; and
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(2) shall certify to the municipality the total
| | initial equalized assessed value of all taxable real property within the redevelopment project area.
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(b) Any municipality that has established a vacant industrial
buildings conservation area may, by ordinance passed after
the adoption of tax increment allocation financing, provide that the county
clerk immediately thereafter shall again determine:
(1) the updated initial equalized assessed value of
| | each lot, block, tract or parcel of real property, which is the most recently ascertained equalized assessed value of each lot, block, tract or parcel of real property within the vacant industrial buildings conservation area; and
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(2) the total updated initial equalized assessed
| | value of all taxable real property within the redevelopment project area, which is the total of the updated initial equalized assessed value of all taxable real property within the vacant industrial buildings conservation area.
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The county clerk shall certify to the municipality the total updated
initial equalized assessed value of all taxable real property within the
industrial buildings conservation area.
(c) After the county clerk has certified the total initial
equalized assessed value or the total updated initial equalized assessed
value of the taxable real property in the area, for each taxing district in
which a redevelopment project area is situated, the county clerk or any
other official required by law to determine the amount of the equalized
assessed value of all taxable property within
the district for the purpose of computing the percentage rate of tax to be
extended upon taxable property within the district, shall in every year
that tax increment allocation financing is in effect determine the total
equalized assessed value of taxable property in a redevelopment project area by
including in that amount the lower of the current equalized assessed value
or the certified total initial equalized assessed value or, if the total of
updated equalized assessed value has been certified, the total updated
initial equalized assessed value of all taxable real property in the
redevelopment project area. After he has certified the total initial
equalized assessed value he shall in the year of that
certification, if tax rates have not been extended, and in every subsequent
year that tax increment allocation financing is in effect, determine the
amount of equalized assessed value of taxable property in a redevelopment
project area by including in that amount the lower of the current total
equalized assessed value or the certified total initial equalized assessed
value or, if the total of updated initial equalized assessed values have been
certified, the total updated initial equalized assessed value of all taxable
real property in the redevelopment project area.
(d) The percentage rate of tax determined shall be extended on the
current equalized assessed value of all property in the redevelopment
project area in the same manner as the rate per cent of tax is extended to
all other taxable property in the taxing district. The method of extending
taxes established under this Section shall terminate when the municipality
adopts an ordinance dissolving the special tax allocation fund for the
redevelopment project area. This Law shall not be construed as relieving
property owners within a redevelopment project area from paying a uniform
rate of taxes upon the current equalized assessed value of their taxable
property as provided in the Property Tax Code.
(Source: P.A. 95-644, eff. 10-12-07.)
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65 ILCS 5/11-74.6-45
(65 ILCS 5/11-74.6-45)
Sec. 11-74.6-45.
Expenditure of certain revenues.
(a) Revenues received
by the municipality from any property, building or facility owned, leased
or operated by the municipality or any agency or authority established by
the municipality may be used to pay redevelopment project costs, or reduce
outstanding obligations of the municipality incurred
under this Law for redevelopment project costs. The municipality may
deposit those revenues into a special tax allocation fund. The fund shall
be held by the municipal treasurer or other person designated by the
municipality. Revenue received by the municipality from the sale or other
disposition of real property acquired by the municipality with the proceeds
of obligations funded by tax increment allocation financing shall be
deposited by the municipality into the special tax allocation fund.
(b) (Blank).
(Source: P.A. 91-474, eff. 11-1-99.)
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65 ILCS 5/11-74.6-50 (65 ILCS 5/11-74.6-50) Sec. 11-74.6-50. Report; sunset of authority. On or before the date which is 60 months following the
date
on which
this amendatory Act of 1994 becomes law, the Department shall submit to the
General Assembly a
report detailing the number of redevelopment project areas that have been
established, the number and type of jobs created or retained
therein, the aggregate amount of tax increment incentives provided, the
aggregate amount of private investment produced therein, the amount of tax
increment revenue produced and available for expenditure within the tax
increment financing districts and such additional
information
as the Department may determine to be relevant. On or after January 1, 2012 the authority
granted hereunder to municipalities to establish redevelopment
project areas and to adopt tax increment allocation financing in connection
therewith
shall expire unless the General Assembly shall have
authorized municipalities to continue to exercise said
powers. (Source: P.A. 96-1220, eff. 7-23-10.) |
65 ILCS 5/Art 11 prec Div 75
(65 ILCS 5/Art 11 prec Div 75 heading)
LEASE, SALE AND TRANSFER OF PUBLIC PROPERTY
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65 ILCS 5/Art. 11 Div. 75
(65 ILCS 5/Art. 11 Div. 75 heading)
DIVISION 75.
LEASE OF SPACE AROUND
MUNICIPAL BUILDINGS
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65 ILCS 5/11-75-1
(65 ILCS 5/11-75-1) (from Ch. 24, par. 11-75-1)
Sec. 11-75-1.
Every municipality has the power to lease the space above and
around buildings located on land owned or otherwise held by the
municipality to any person for any term not exceeding 99 years.
Every municipality has the power to lease, in the same manner and for a
similar term, any space over any street, alley, or other public place, in
the municipality, more than 12 feet above the level of the street, alley,
or other public place, to the person who owns the fee or a leasehold
estate, for a term not less than that of the proposed lease, in the
property on both sides of the portion of the street, alley, or other public
place so to be leased, whenever the corporate authorities of the
municipality are of the opinion that that space is not needed for street,
alley, or other public purpose, and that the public interest will be
subserved by such leasing. The leasing of such a space shall be authorized
by ordinance. In this ordinance the lease and its terms shall be set forth
with reasonable certainty.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-75-2
(65 ILCS 5/11-75-2) (from Ch. 24, par. 11-75-2)
Sec. 11-75-2.
The lease provided for in Section 11-75-1 by its terms shall
specify the purpose for which the leased space may be used. If the purpose
is to erect in the space a building above or around a building owned by the
municipality, the lease (1) shall contain a reasonably accurate description
of the building to be erected and of the manner in which it shall be
imposed upon or around the existing building of the municipality, (2) shall
contain a provision granting to the lessor municipality the option of
renting for municipal use from the lessee any part of the building to be
erected and stating the terms upon which this option may be exercised as
well as the rent which, after exercise of this option, shall be paid by the
municipality, and (3) shall contain a provision granting to the
municipality the option to purchase for municipal use the entire building
to be erected in the space leased and stating the terms upon which this
option may be exercised and the price which shall be paid for the building
by the municipality in the event it exercises its option to purchase.
(Source: Laws 1961, p. 576.)
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