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90_HB0525eng
65 ILCS 5/11-74.4-1 from Ch. 24, par. 11-74.4-1
Amends the Illinois Municipal Code. Makes a technical
change in the short title of the Tax Increment Allocation
Redevelopment Act.
LRB9001030DNcc
HB0525 Engrossed LRB9001030DNcc
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 11-74.4-3, 11-74.4-4.1, 11-74.4-5, 11-74.4-6, and
3 11-74.4-7.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Municipal Code is amended by
7 changing Sections 11-74.4-3, 11-74.4-4.1, 11-74.4-5,
8 11-74.4-6, and 11-74.4-7.1 as follows:
9 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
10 Sec. 11-74.4-3. Definitions. The following terms,
11 wherever used or referred to in this Division 74.4 shall have
12 the following respective meanings, unless in any case a
13 different meaning clearly appears from the context.
14 (a) "Blighted area" means any improved or vacant area
15 within the boundaries of a redevelopment project area located
16 within the territorial limits of the municipality where the
17 following exists:
18 (1) If improved, industrial, commercial, and
19 residential buildings or improvements are detrimental to
20 the public safety, health, or welfare because of a
21 combination of 5 or more of the following factors, each
22 of which shall be (i) present, with such presence
23 documented, to a meaningful extent so that a municipality
24 may reasonably find that the factor is clearly present
25 within the intent of the Act and (ii) reasonably
26 distributed throughout the redevelopment project area:
27 (A) Age. Structures that have an age of 35
28 years or more and that exhibit problems or limiting
29 conditions resulting from normal and continuous use
30 of the structures and exposure to the elements that
31 make these buildings unsuited for continued use. In
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1 cases involving industrial or commercial structures,
2 age may be considered a factor if the structures are
3 less than 35 years old if a reasonable justification
4 can be presented.
5 (B) Dilapidation. An advanced state of
6 disrepair or neglect of necessary repairs to the
7 primary structural components of buildings or
8 improvements in such a combination that a documented
9 building condition analysis determines that major
10 repair is required or the defects are so serious and
11 so extensive that the buildings must be removed.
12 (C) Obsolescence. The condition or process of
13 falling into disuse.
14 (D) Deterioration. With respect to buildings,
15 defects including, but not limited to, major defects
16 in the secondary building components such as doors,
17 windows, porches, gutters and downspouts, and
18 fascia. With respect to surface improvements, that
19 the condition of roadways, alleys, curbs, gutters,
20 sidewalks, off-street parking, and surface storage
21 areas evidence deterioration, including, but not
22 limited to, surface cracking, crumbling, potholes,
23 depressions, loose paving material, and weeds
24 protuding through paved surfaces.
25 (E) Presence of structures below minimum code
26 standards. All structures that do not meet the
27 standards of zoning, subdivision, building, fire,
28 and other governmental codes applicable to property,
29 but not including housing and property maintenance
30 codes.
31 (F) Illegal use of individual structures. The
32 use of structures in violation of applicable
33 federal, State, or local laws, exclusive of those
34 applicable to the presence of structures below
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1 minimum code standards.
2 (G) Excessive vacancies. Excessive vacancies
3 means the presence of buildings that are unoccupied
4 or underutilized and that represent an adverse
5 influence on the area because of the frequency,
6 extent, or duration of such vacancies.
7 (H) Lack of ventilation, light, or sanitary
8 facilities. The absence of adequate ventilation for
9 light or air circulation in spaces or rooms without
10 windows, or that require the removal of dust, odor,
11 gas, smoke, or other noxious air-borne materials.
12 Inadequate natural light and ventilation means the
13 absence of skylights or windows for interior spaces
14 or rooms and improper window sizes and amounts by
15 room area to window area ratios. Inadequate
16 sanitary facilities refers to the absence of garbage
17 storage and enclosure, bathroom facilities, hot
18 water and kitchens, and structural inadequacies
19 preventing ingress and egress to and from all rooms
20 and units within a building.
21 (I) Inadequate utilities. Underground and
22 overhead utilities such as storm sewers and storm
23 drainage, water lines, and gas, telephone, and
24 electrical services that are shown to be inadequate.
25 Inadequate utilities are those that are: (i) of
26 insufficient capacity to serve the uses in the
27 redevelopment project area or surrounding areas,
28 (ii) are deteriorated, antiquated, obsolete, or in
29 disrepair, or (iii) are lacking within the
30 redevelopment project area and surrounding areas.
31 (J) Excessive land coverage and overcrowding
32 of structures and community facilities. The
33 over-intensive use of property and the crowding of
34 buildings and accessory facilities onto a site.
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1 Examples of problem conditions warranting the
2 designation of an area as one exhibiting excessive
3 land coverage are: the presence of buildings either
4 improperly situated on parcels or located on parcels
5 of inadequate size and shape in relation to
6 present-day standards of development for health and
7 safety and the presence of multiple buildings on a
8 single parcel. In order for there to be a finding
9 of excessive land coverage, these parcels must
10 exhibit one or more of the following conditions:
11 insufficient provision for light and air within or
12 around buildings, increased threat of spread of fire
13 due to the close proximity of buildings, lack of
14 adequate or proper access to a public right-of-way,
15 lack of reasonably required off-street parking or
16 inadequate provision for loading and service.
17 (K) Deleterious land use or layout. The
18 existence of incompatible land-use relationships,
19 buildings occupied by inappropriate mixed-uses, or
20 uses considered to be noxious, offensive, or
21 environmentally unsuitable for the surrounding area.
22 (L) Depreciation of physical maintenance. The
23 effects of deferred maintenance and the lack of
24 maintenance to buildings, improvements, and grounds
25 not customarily corrected as part of a normal
26 maintenance. Examples of the presence of this
27 factor include: (1) with respect to buildings,
28 unpainted or unfinished exterior surfaces; peeling
29 paint; loose or missing materials; sagging or bowing
30 walls, floors, roof, and porches; cracks; broken
31 windows; loose gutters and downspouts; loose or
32 missing shingles; and damaged building areas that
33 remain in disrepair for a significant period; (2)
34 with respect to grounds, broken sidewalks; lack of
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1 vegetation; lack of paving and dust control;
2 potholes; standing water; fences in disrepair; and
3 lack of mowing or pruning vegetation; and (3) with
4 respect to streets, alleys, and parking areas,
5 potholes; broken-up or crumbling surfaces; broken
6 curbs or gutters; areas of loose or missing
7 materials; and standing water.
8 (M) Lack of community planning. The proposed
9 redevelopment plan area was developed prior to or
10 without the benefit or guidance of a community plan.
11 This means that the development occurred prior to
12 the adoption by the municipality of a comprehensive
13 or other community plan or that such plan was not
14 followed at the time of the area's development.
15 This factor must be documented by evidence of
16 adverse or incompatible land-use relationships,
17 inadequate street layout, improper subdivision,
18 parcels of inadequate shape and size to meet
19 contemporary development standards or other evidence
20 demonstrating an absence of effective community
21 planning.
22 (2) If vacant, the sound growth of the taxing
23 districts is impaired by:
24 (A) A combination of 2 or more of the
25 following factors, each of which shall be (i)
26 present, with such presence documented, to a
27 meaningful extent so that a municipality may
28 reasonably find that the factor is clearly present
29 within the intent of the Act, and (ii) reasonably
30 distributed throughout the redevelopment project
31 area:
32 (i) Obsolete platting of vacant land that
33 results in parcels of limited or narrow size or
34 configurations of parcels of irregular size or
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1 shape that would be difficult to develop on a
2 planned basis and in a manner compatible with
3 contemporary standards and requirements, or
4 platting that created inadequate right-of-way
5 widths for streets, alleys, or other public
6 right-of-ways or that omitted easements for
7 public utilities.
8 (ii) Diversity of ownership of vacant
9 land sufficient in number to retard or impede
10 the ability to assemble the land for
11 development.
12 (iii) Tax and special assessment
13 delinquencies for an unreasonable period of
14 time.
15 (iv) Deterioration of structures or site
16 improvements in neighboring areas as defined
17 earlier in this Section.
18 (B) The area immediately prior to becoming
19 vacant qualified as a blighted area.
20 (C) The area consists of an unused quarry or
21 unused quarries.
22 (D) The area consists of unused railyards,
23 rail tracks, or railroad rights-of-way.
24 (E) The area, prior to its designation, is
25 subject to chronic flooding that adversely impacts
26 on real property in the area as certified by a
27 registered professional engineer or appropriate
28 regulatory agency.
29 (F) The area consists of an unused disposal
30 site, containing earth, stone, building debris, or
31 similar material that were removed from
32 construction, demolition, excavation, or dredge
33 sites.
34 (G) Prior to the effective date of this
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1 amendatory Act of 1997, the area is not less than 50
2 nor more than 100 acres and 75% of which is vacant,
3 notwithstanding the fact that the area has been used
4 for commercial agricultural purposes within 5 years
5 prior to the designation of the redevelopment
6 project area, and which area meets at least one of
7 the factors itemized in provision (1) of this
8 subsection (a), and the area has been designated as
9 a town or village center by ordinance or
10 comprehensive plan adopted prior to January 1, 1982,
11 and the area has not been developed for that
12 designated purpose. "Blighted area" means any
13 improved or vacant area within the boundaries of a
14 redevelopment project area located within the
15 territorial limits of the municipality where, if
16 improved, industrial, commercial and residential
17 buildings or improvements, because of a combination
18 of 5 or more of the following factors: age;
19 dilapidation; obsolescence; deterioration; illegal
20 use of individual structures; presence of structures
21 below minimum code standards; excessive vacancies;
22 overcrowding of structures and community facilities;
23 lack of ventilation, light or sanitary facilities;
24 inadequate utilities; excessive land coverage;
25 deleterious land use or layout; depreciation of
26 physical maintenance; lack of community planning, is
27 detrimental to the public safety, health, morals or
28 welfare, or if vacant, the sound growth of the
29 taxing districts is impaired by, (1) a combination
30 of 2 or more of the following factors: obsolete
31 platting of the vacant land; diversity of ownership
32 of such land; tax and special assessment
33 delinquencies on such land; flooding on all or part
34 of such vacant land; deterioration of structures or
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1 site improvements in neighboring areas adjacent to
2 the vacant land, or (2) the area immediately prior
3 to becoming vacant qualified as a blighted improved
4 area, or (3) the area consists of an unused quarry
5 or unused quarries, or (4) the area consists of
6 unused railyards, rail tracks or railroad
7 rights-of-way, or (5) the area, prior to its
8 designation, is subject to chronic flooding which
9 adversely impacts on real property in the area and
10 such flooding is substantially caused by one or more
11 improvements in or in proximity to the area which
12 improvements have been in existence for at least 5
13 years, or (6) the area consists of an unused
14 disposal site, containing earth, stone, building
15 debris or similar material, which were removed from
16 construction, demolition, excavation or dredge
17 sites, or (7) the area is not less than 50 nor more
18 than 100 acres and 75% of which is vacant,
19 notwithstanding the fact that such area has been
20 used for commercial agricultural purposes within 5
21 years prior to the designation of the redevelopment
22 project area, and which area meets at least one of
23 the factors itemized in provision (1) of this
24 subsection (a), and the area has been designated as
25 a town or village center by ordinance or
26 comprehensive plan adopted prior to January 1, 1982,
27 and the area has not been developed for that
28 designated purpose.
29 (b) "Conservation area" means any improved area within
30 the boundaries of a redevelopment project area located within
31 the territorial limits of the municipality in which 50% or
32 more of the structures in the area have an age of 35 years or
33 more. Such an area is not yet a blighted area but because
34 of a combination of 3 or more of the following factors, each
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1 of which shall be (i) present, with such presence documented,
2 to a meaningful extent so that a municipality may reasonably
3 find that the factor is clearly present within the intent of
4 the Act and (ii) reasonably distributed throughout the
5 redevelopment project area,: dilapidation; obsolescence;
6 deterioration; illegal use of individual structures; presence
7 of structures below minimum code standards; abandonment;
8 excessive vacancies; overcrowding of structures and community
9 facilities; lack of ventilation, light or sanitary
10 facilities; inadequate utilities; excessive land coverage;
11 deleterious land use or layout; depreciation of physical
12 maintenance; lack of community planning, is detrimental to
13 the public safety, health, morals or welfare and such an area
14 may become a blighted area.
15 (1) Age. Structures that have an age of 35 years
16 or more and that exhibit problems or limiting conditions
17 resulting from normal and continuous use of the
18 structures and exposure to the elements that make these
19 buildings unsuited for continued use. In cases involving
20 industrial or commercial structures, age may be
21 considered a factor if the structures are less than 35
22 years old if a reasonable justification can be presented.
23 (2) Dilapidation. An advanced state of disrepair
24 or 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
27 determines that major repair is required or the defects
28 are so serious and so extensive that the buildings must
29 be removed.
30 (3) Obsolescence. The condition or process of
31 falling into disuse.
32 (4) Deterioration. With respect to buildings,
33 defects including, but not limited to, major defects in
34 the secondary building components such as doors, windows,
HB0525 Engrossed -10- LRB9001030DNcc
1 porches, gutters and downspouts, and fascia. With
2 respect to surface improvements, that the condition of
3 roadways, alleys, curbs, gutters, sidewalks, off-street
4 parking, and surface storage areas evidence
5 deterioration, including, but not limited to, surface
6 cracking, crumbling, potholes, depressions, loose paving
7 material, and weeds protuding through paved surfaces.
8 (5) Presence of structures below minimum code
9 standards. All structures that do not meet the standards
10 of zoning, subdivision, building, fire, and other
11 governmental codes applicable to property, but not
12 including housing and property maintenance codes.
13 (6) Illegal use of individual structures. The use
14 of structures in violation of applicable federal, State,
15 or local laws, exclusive of those applicable to the
16 presence of structures below minimum code standards.
17 (7) Excessive vacancies. Excessive vacancies means
18 the presence of buildings that are unoccupied or
19 underutilized and that represent an adverse influence on
20 the area because of the frequency, extent, or duration of
21 such vacancies.
22 (8) Lack of ventilation, light, or sanitary
23 facilities. The absence of adequate ventilation for
24 light or air circulation in spaces or rooms without
25 windows, or that require the removal of dust, odor, gas,
26 smoke, or other noxious air-borne materials. Inadequate
27 natural light and ventilation means the absence of
28 skylights or windows for interior spaces or rooms and
29 improper window sizes and amounts by room area to window
30 area ratios. Inadequate sanitary facilities refers to
31 the absence of garbage storage and enclosure, bathroom
32 facilities, hot water and kitchens, and structural
33 inadequacies preventing ingress and egress to and from
34 all rooms and units within a building.
HB0525 Engrossed -11- LRB9001030DNcc
1 (9) Inadequate utilities. Underground and overhead
2 utilities such as storm sewers and storm drainage, water
3 lines, and gas, telephone, and electrical services that
4 are shown to be inadequate. Inadequate utilities are
5 those that are: (i) of insufficient capacity to serve the
6 uses in the redevelopment project area or surrounding
7 areas, (ii) are deteriorated, antiquated, obsolete, or in
8 disrepair, or (iii) are lacking within the redevelopment
9 project area and surrounding areas.
10 (10) Excessive land coverage and overcrowding of
11 structures and community facilities. The over-intensive
12 use of property and the crowding of buildings and
13 accessory facilities onto a site. Examples of problem
14 conditions warranting the designation of an area as one
15 exhibiting excessive land coverage are: the presence of
16 buildings either improperly situated on parcels or
17 located on parcels of inadequate size and shape in
18 relation to present-day standards of development for
19 health and safety and the presence of multiple buildings
20 on a single parcel. In order for there to be a finding
21 of excessive land coverage, these parcels must exhibit
22 one or more of the following conditions: insufficient
23 provision for light and air within or around buildings,
24 increased threat of spread of fire due to the close
25 proximity of buildings, lack of adequate or proper access
26 to a public right-of-way, lack of reasonably required
27 off-street parking or inadequate provision for loading
28 and service.
29 (11) Deleterious land use or layout. The existence
30 of incompatible land-use relationships, buildings
31 occupied by inappropriate mixed-uses, or uses considered
32 to be noxious, offensive, or environmentally unsuitable
33 for the surrounding area.
34 (12) Depreciation of physical maintenance. The
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1 effects of deferred maintenance and the lack of
2 maintenance to buildings, improvements, and grounds not
3 customarily corrected as part of a normal maintenance.
4 Examples of the presence of this factor include: (1) with
5 respect to buildings, unpainted or unfinished exterior
6 surfaces; peeling paint; loose or missing materials;
7 sagging or bowing walls, floors, roof, and porches;
8 cracks; broken windows; loose gutters and downspouts;
9 loose or missing shingles; and damaged building areas
10 that remain in disrepair for a significant period; (2)
11 with respect to grounds, broken sidewalks; lack of
12 vegetation; lack of paving and dust control; potholes;
13 standing water; fences in disrepair; and lack of mowing
14 or pruning vegetation; and (3) with respect to streets,
15 alleys, and parking areas, potholes; broken-up or
16 crumbling surfaces; broken curbs or gutters; areas of
17 loose or missing materials; and standing water.
18 (13) Lack of community planning. The proposed
19 redevelopment plan area was developed prior to or without
20 the benefit or guidance of a community plan. This means
21 that the development occurred prior to the adoption by
22 the municipality of a comprehensive or other community
23 plan or that such plan was not followed at the time of
24 the area's development. This factor must be documented
25 by evidence of adverse or incompatible land-use
26 relationships, inadequate street layout, improper
27 subdivision, parcels of inadequate shape and size to meet
28 contemporary development standards or other evidence
29 demonstrating an absence of effective community planning.
30 (c) (Blank). "Industrial park" means an area in a
31 blighted or conservation area suitable for use by any
32 manufacturing, industrial, research or transportation
33 enterprise, of facilities to include but not be limited to
34 factories, mills, processing plants, assembly plants, packing
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1 plants, fabricating plants, industrial distribution centers,
2 warehouses, repair overhaul or service facilities, freight
3 terminals, research facilities, test facilities or railroad
4 facilities.
5 (d) "Industrial park conservation area" means an area
6 within the boundaries of a redevelopment project area located
7 within the territorial limits of a municipality that is a
8 labor surplus municipality or within 1 1/2 miles of the
9 territorial limits of a municipality that is a labor surplus
10 municipality if the area is annexed to the municipality;
11 which area is zoned as industrial prior to no later than at
12 the time the municipality by ordinance designates the
13 redevelopment project area, and which area includes both is
14 contiguous to vacant land suitable for use as an industrial
15 park and a blighted area or conservation area and includes
16 vacant land suitable for use by any manufacturing,
17 industrial, research, or transportation enterprise, of
18 facilities to include but not be limited to factories, mills,
19 processing plants, assembly plants, packing plants,
20 fabricating plants, industrial distribution centers,
21 warehouses, repair overhaul or service facilities, freight
22 terminals, research facilities, test facilities, or railroad
23 facilities. contiguous to such vacant land.
24 (e) "Labor surplus municipality" means a municipality in
25 which, at any time during the 6 months before the
26 municipality by ordinance designates an industrial park
27 conservation area, the unemployment rate was over 6% and was
28 also 100% or more of the national average unemployment rate
29 for that same time as published in the United States
30 Department of Labor Bureau of Labor Statistics publication
31 entitled "The Employment Situation" or its successor
32 publication. For the purpose of this subsection, if
33 unemployment rate statistics for the municipality are not
34 available, the unemployment rate in the municipality shall be
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1 deemed to be the same as the unemployment rate in the
2 principal county in which the municipality is located.
3 (f) "Municipality" shall mean a city, village or
4 incorporated town.
5 (g) "Initial Sales Tax Amounts" means the amount of
6 taxes paid under the Retailers' Occupation Tax Act, Use Tax
7 Act, Service Use Tax Act, the Service Occupation Tax Act, the
8 Municipal Retailers' Occupation Tax Act, and the Municipal
9 Service Occupation Tax Act by retailers and servicemen on
10 transactions at places located in a State Sales Tax Boundary
11 during the calendar year 1985.
12 (g-1) "Revised Initial Sales Tax Amounts" means the
13 amount of taxes paid under the Retailers' Occupation Tax Act,
14 Use Tax Act, Service Use Tax Act, the Service Occupation Tax
15 Act, the Municipal Retailers' Occupation Tax Act, and the
16 Municipal Service Occupation Tax Act by retailers and
17 servicemen on transactions at places located within the State
18 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9)
19 of this Act.
20 (h) "Municipal Sales Tax Increment" means an amount
21 equal to the increase in the aggregate amount of taxes paid
22 to a municipality from the Local Government Tax Fund arising
23 from sales by retailers and servicemen within the
24 redevelopment project area or State Sales Tax Boundary, as
25 the case may be, for as long as the redevelopment project
26 area or State Sales Tax Boundary, as the case may be, exist
27 over and above the aggregate amount of taxes as certified by
28 the Illinois Department of Revenue and paid under the
29 Municipal Retailers' Occupation Tax Act and the Municipal
30 Service Occupation Tax Act by retailers and servicemen, on
31 transactions at places of business located in the
32 redevelopment project area or State Sales Tax Boundary, as
33 the case may be, during the base year which shall be the
34 calendar year immediately prior to the year in which the
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1 municipality adopted tax increment allocation financing. For
2 purposes of computing the aggregate amount of such taxes for
3 base years occurring prior to 1985, the Department of Revenue
4 shall determine the Initial Sales Tax Amounts for such taxes
5 and deduct therefrom an amount equal to 4% of the aggregate
6 amount of taxes per year for each year the base year is prior
7 to 1985, but not to exceed a total deduction of 12%. The
8 amount so determined shall be known as the "Adjusted Initial
9 Sales Tax Amounts". For purposes of determining the
10 Municipal Sales Tax Increment, the Department of Revenue
11 shall for each period subtract from the amount paid to the
12 municipality from the Local Government Tax Fund arising from
13 sales by retailers and servicemen on transactions located in
14 the redevelopment project area or the State Sales Tax
15 Boundary, as the case may be, the certified Initial Sales Tax
16 Amounts, the Adjusted Initial Sales Tax Amounts or the
17 Revised Initial Sales Tax Amounts for the Municipal
18 Retailers' Occupation Tax Act and the Municipal Service
19 Occupation Tax Act. For the State Fiscal Year 1989, this
20 calculation shall be made by utilizing the calendar year 1987
21 to determine the tax amounts received. For the State Fiscal
22 Year 1990, this calculation shall be made by utilizing the
23 period from January 1, 1988, until September 30, 1988, to
24 determine the tax amounts received from retailers and
25 servicemen pursuant to the Municipal Retailers' Occupation
26 Tax and the Municipal Service Occupation Tax Act, which shall
27 have deducted therefrom nine-twelfths of the certified
28 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax
29 Amounts or the Revised Initial Sales Tax Amounts as
30 appropriate. For the State Fiscal Year 1991, this calculation
31 shall be made by utilizing the period from October 1, 1988,
32 to June 30, 1989, to determine the tax amounts received from
33 retailers and servicemen pursuant to the Municipal Retailers'
34 Occupation Tax and the Municipal Service Occupation Tax Act
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1 which shall have deducted therefrom nine-twelfths of the
2 certified Initial Sales Tax Amounts, Adjusted Initial Sales
3 Tax Amounts or the Revised Initial Sales Tax Amounts as
4 appropriate. For every State Fiscal Year thereafter, the
5 applicable period shall be the 12 months beginning July 1 and
6 ending June 30 to determine the tax amounts received which
7 shall have deducted therefrom the certified Initial Sales Tax
8 Amounts, the Adjusted Initial Sales Tax Amounts or the
9 Revised Initial Sales Tax Amounts, as the case may be.
10 (i) "Net State Sales Tax Increment" means the sum of the
11 following: (a) 80% of the first $100,000 of State Sales Tax
12 Increment annually generated within a State Sales Tax
13 Boundary; (b) 60% of the amount in excess of $100,000 but not
14 exceeding $500,000 of State Sales Tax Increment annually
15 generated within a State Sales Tax Boundary; and (c) 40% of
16 all amounts in excess of $500,000 of State Sales Tax
17 Increment annually generated within a State Sales Tax
18 Boundary. If, however, a municipality established a tax
19 increment financing district in a county with a population in
20 excess of 3,000,000 before January 1, 1986, and the
21 municipality entered into a contract or issued bonds after
22 January 1, 1986, but before December 31, 1986, to finance
23 redevelopment project costs within a State Sales Tax
24 Boundary, then the Net State Sales Tax Increment means, for
25 the fiscal years beginning July 1, 1990, and July 1, 1991,
26 100% of the State Sales Tax Increment annually generated
27 within a State Sales Tax Boundary; and notwithstanding any
28 other provision of this Act, for those fiscal years the
29 Department of Revenue shall distribute to those
30 municipalities 100% of their Net State Sales Tax Increment
31 before any distribution to any other municipality and
32 regardless of whether or not those other municipalities will
33 receive 100% of their Net State Sales Tax Increment. For
34 Fiscal Year 1999, and every year thereafter until the year
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1 2007, for any municipality that has not entered into a
2 contract or has not issued bonds prior to June 1, 1988 to
3 finance redevelopment project costs within a State Sales Tax
4 Boundary, the Net State Sales Tax Increment shall be
5 calculated as follows: By multiplying the Net State Sales Tax
6 Increment by 90% in the State Fiscal Year 1999; 80% in the
7 State Fiscal Year 2000; 70% in the State Fiscal Year 2001;
8 60% in the State Fiscal Year 2002; 50% in the State Fiscal
9 Year 2003; 40% in the State Fiscal Year 2004; 30% in the
10 State Fiscal Year 2005; 20% in the State Fiscal Year 2006;
11 and 10% in the State Fiscal Year 2007. No payment shall be
12 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, shall
16 continue to receive their proportional share of the Illinois
17 Tax Increment Fund distribution until the date on which the
18 redevelopment project is completed or terminated, or the date
19 on which the bonds are retired, whichever date occurs first.
20 Refunding of any bonds issued prior to July 29, 1991, shall
21 not alter the Net State Sales Tax Increment.
22 (j) "State Utility Tax Increment Amount" means an amount
23 equal to the aggregate increase in State electric and gas tax
24 charges imposed on owners and tenants, other than residential
25 customers, of properties located within the redevelopment
26 project area under Section 9-222 of the Public Utilities Act,
27 over and above the aggregate of such charges as certified by
28 the Department of Revenue and paid by owners and tenants,
29 other than residential customers, of properties within the
30 redevelopment project area during the base year, which shall
31 be the calendar year immediately prior to the year of the
32 adoption of the ordinance authorizing tax increment
33 allocation financing.
34 (k) "Net State Utility Tax Increment" means the sum of
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1 the following: (a) 80% of the first $100,000 of State Utility
2 Tax Increment annually generated by a redevelopment project
3 area; (b) 60% of the amount in excess of $100,000 but not
4 exceeding $500,000 of the State Utility Tax Increment
5 annually generated by a redevelopment project area; and (c)
6 40% of all amounts in excess of $500,000 of State Utility Tax
7 Increment annually generated by a redevelopment project area.
8 For the State Fiscal Year 1999, and every year thereafter
9 until the year 2007, for any municipality that has not
10 entered into a contract or has not issued bonds prior to June
11 1, 1988 to finance redevelopment project costs within a
12 redevelopment project area, the Net State Utility Tax
13 Increment shall be calculated as follows: By multiplying the
14 Net State Utility Tax Increment by 90% in the State Fiscal
15 Year 1999; 80% in the State Fiscal Year 2000; 70% in the
16 State Fiscal Year 2001; 60% in the State Fiscal Year 2002;
17 50% in the State Fiscal Year 2003; 40% in the State Fiscal
18 Year 2004; 30% in the State Fiscal Year 2005; 20% in the
19 State Fiscal Year 2006; and 10% in the State Fiscal Year
20 2007. No payment shall be made for the State Fiscal Year 2008
21 and thereafter.
22 Municipalities that issue bonds in connection with the
23 redevelopment project during the period from June 1, 1988
24 until 3 years after the effective date of this Amendatory Act
25 of 1988 shall receive the Net State Utility Tax Increment,
26 subject to appropriation, for 15 State Fiscal Years after the
27 issuance of such bonds. For the 16th through the 20th State
28 Fiscal Years after issuance of the bonds, the Net State
29 Utility Tax Increment shall be calculated as follows: By
30 multiplying the Net State Utility Tax Increment by 90% in
31 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and
32 50% in year 20. Refunding of any bonds issued prior to June
33 1, 1988, shall not alter the revised Net State Utility Tax
34 Increment payments set forth above.
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1 (l) "Obligations" mean bonds, loans, debentures, notes,
2 special certificates or other evidence of indebtedness issued
3 by the municipality to carry out a redevelopment project or
4 to refund outstanding obligations.
5 (m) "Payment in lieu of taxes" means those estimated tax
6 revenues from real property in a redevelopment project area
7 acquired by a municipality which according to the
8 redevelopment project or plan is to be used for a private use
9 which taxing districts would have received had a municipality
10 not adopted tax increment allocation financing and which
11 would result from levies made after the time of the adoption
12 of tax increment allocation financing to the time the current
13 equalized value of real property in the redevelopment project
14 area exceeds the total initial equalized value of real
15 property in said area.
16 (n) "Redevelopment plan" means the comprehensive program
17 of the municipality for development or redevelopment intended
18 by the payment of redevelopment project costs to reduce or
19 eliminate those conditions the existence of which qualified
20 the redevelopment project area as a "blighted area" or
21 "conservation area" or combination thereof or "industrial
22 park conservation area," and thereby to enhance the tax bases
23 of the taxing districts which extend into the redevelopment
24 project area. A redevelopment plan adopted after the
25 effective date of this amendatory Act of 1997 shall not
26 contain provisions for the development of a golf course.
27 Each redevelopment plan shall set forth in writing the
28 program to be undertaken to accomplish the objectives and
29 shall include but not be limited to:
30 (A) estimated redevelopment project costs;
31 (B) evidence indicating that the redevelopment
32 project area on the whole has not been subject to growth
33 and development through investment by private enterprise;
34 (C) an assessment of any financial impact of the
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1 redevelopment project area on or any increased demand for
2 services from any taxing district affected by the plan
3 and any program to address such financial impact or
4 increased demand;
5 (D) the sources of funds to pay costs;
6 (E) the nature and term of the obligations to be
7 issued;
8 (F) the most recent equalized assessed valuation of
9 the redevelopment project area;
10 (G) an estimate as to the equalized assessed
11 valuation after redevelopment and the general land uses
12 to apply in the redevelopment project area;
13 (H) a commitment to fair employment practices and
14 an affirmative action plan;
15 (I) if it concerns an industrial park conservation
16 area, the plan shall also include a general description
17 of any proposed developer, user and tenant of any
18 property, a description of the type, structure and
19 general character of the facilities to be developed, a
20 description of the type, class and number of new
21 employees to be employed in the operation of the
22 facilities to be developed; and
23 (J) if property is to be annexed to the
24 municipality, the plan shall include the terms of the
25 annexation agreement.
26 The provisions of items (B) and (C) of this subsection
27 (n) shall not apply to a municipality that before March 14,
28 1994 (the effective date of Public Act 88-537) had fixed,
29 either by its corporate authorities or by a commission
30 designated under subsection (k) of Section 11-74.4-4, a time
31 and place for a public hearing as required by subsection (a)
32 of Section 11-74.4-5. No redevelopment plan shall be adopted
33 unless a municipality complies with all of the following
34 requirements:
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1 (1) The municipality finds that the redevelopment
2 project area on the whole has not been subject to growth
3 and development through investment by private enterprise
4 and would not reasonably be anticipated to be developed
5 without the adoption of the redevelopment plan.
6 (2) The municipality finds that the redevelopment
7 plan and project conform to the comprehensive plan for
8 the development of the municipality as a whole, or, for
9 municipalities with a population of 100,000 or more,
10 regardless of when the redevelopment plan and project was
11 adopted, the redevelopment plan and project either: (i)
12 conforms to the strategic economic development or
13 redevelopment plan issued by the designated planning
14 authority of the municipality, or (ii) includes land uses
15 that have been approved by the planning commission of the
16 municipality.
17 (3) The redevelopment plan establishes the
18 estimated dates of completion of the redevelopment
19 project and retirement of obligations issued to finance
20 redevelopment project costs. Those dates shall not be
21 more than 23 years from the adoption of the ordinance
22 approving the redevelopment project area if the ordinance
23 was adopted on or after January 15, 1981, and not more
24 than 35 years if the ordinance was adopted before January
25 15, 1981, or if the ordinance was adopted in April 1984
26 or July 1985, or if the municipality is subject to the
27 Local Government Financial Planning and Supervision Act.
28 However, for redevelopment project areas for which bonds
29 were issued before July 29, 1991, in connection with a
30 redevelopment project in the area within the State Sales
31 Tax Boundary, the estimated dates of completion of the
32 redevelopment project and retirement of obligations to
33 finance redevelopment project costs may be extended by
34 municipal ordinance to December 31, 2013. The extension
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1 allowed by this amendatory Act of 1993 shall not apply to
2 real property tax increment allocation financing under
3 Section 11-74.4-8.
4 Those dates, for purposes of real property tax
5 increment allocation financing pursuant to Section
6 11-74.4-8 only, shall be not more than 35 years for
7 redevelopment project areas that were adopted on or after
8 December 16, 1986 and for which at least $8 million worth
9 of municipal bonds were authorized on or after December
10 19, 1989 but before January 1, 1990; provided that the
11 municipality elects to extend the life of the
12 redevelopment project area to 35 years by the adoption of
13 an ordinance after at least 14 but not more than 30 days'
14 written notice to the taxing bodies, that would otherwise
15 constitute the joint review board for the redevelopment
16 project area, before the adoption of the ordinance.
17 Those dates, for purposes of real property tax
18 increment allocation financing pursuant to Section
19 11-74.4-8 only, shall be not more than 35 years for
20 redevelopment project areas that were established on or
21 after December 1, 1981 but before January 1, 1982 and for
22 which at least $1,500,000 worth of tax increment revenue
23 bonds were authorized on or after September 30, 1990 but
24 before July 1, 1991; provided that the municipality
25 elects to extend the life of the redevelopment project
26 area to 35 years by the adoption of an ordinance after at
27 least 14 but not more than 30 days' written notice to the
28 taxing bodies, that would otherwise constitute the joint
29 review board for the redevelopment project area, before
30 the adoption of the ordinance.
31 (4) The municipality finds, in the case of an
32 industrial park conservation area, also that the
33 municipality is a labor surplus municipality and that the
34 implementation of the redevelopment plan will reduce
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1 unemployment, create new jobs and by the provision of new
2 facilities enhance the tax base of the taxing districts
3 that extend into the redevelopment project area.
4 (5) If any incremental revenues are being utilized
5 under Section 8(a)(1) or 8(a)(2) of this Act in
6 redevelopment project areas approved by ordinance after
7 January 1, 1986, the municipality finds: (a) that the
8 redevelopment project area would not reasonably be
9 developed without the use of such incremental revenues,
10 and (b) that such incremental revenues will be
11 exclusively utilized for the development of the
12 redevelopment project area.
13 (6) If the redevelopment project area includes 75
14 or more inhabited residential units or provides for the
15 removal of 10 or more inhabited residential units, then
16 the municipality shall prepare as part of the separate
17 feasibility report required by subsection (a) of Section
18 11-74.4-5, a housing impact study.
19 Part I of the housing impact study shall include (i)
20 data as to whether the residential units are single
21 family or multi-family units, (ii) the number and type of
22 rooms within the units, if that information is available,
23 (iii) whether the units are inhabited or uninhabited,
24 which determination shall be made not more than 60 days
25 before the date that the ordinance or resolution required
26 by subsection (a) of Section 11-74.4-5 is passed, and
27 (iv) data as to the racial and ethnic composition of the
28 residents in the inhabited residential units. The data
29 requirement as to the racial and ethnic composition of
30 the residents in the inhabited residential units shall be
31 deemed to be fully satisfied by data from the most recent
32 federal census.
33 Part II of the housing impact study shall identify
34 the inhabited residential units in the proposed
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1 redevelopment project area that are to be or may be
2 removed. If inhabited residential units are to be
3 removed, then the housing impact study shall identify (i)
4 the number and location of those units that will or may
5 be removed, (ii) the municipality's plans for relocation
6 assistance for those residents in the proposed
7 redevelopment project area whose residences are to be
8 removed, (iii) the availability of replacement housing
9 for those residents whose residences are to be removed,
10 and shall identify the type, location, and cost of the
11 housing, and (iv) the type and extent of relocation
12 assistance to be provided.
13 (7) The housing impact study required by paragraph
14 (6) shall be incorporated in the redevelopment plan and
15 project for the redevelopment project area.
16 (8) No redevelopment plan and project shall be
17 adopted, nor an existing plan amended, nor shall
18 residential housing that is occupied by households of
19 low-income and very low-income persons in currently
20 existing tax increment redevelopment project areas be
21 removed after the effective date of this amendatory Act
22 of 1997 unless the redevelopment plan and project
23 provides, with respect to inhabited housing units that
24 are to be removed for households of low-income and very
25 low-income persons, affordable housing and relocation
26 assistance not less than that which would be provided
27 under the federal Uniform Relocation Assistance and Real
28 Property Acquisition Policies Act of 1970 and the
29 regulations thereunder, including the eligibility
30 criteria included therein. Affordable housing may be
31 either existing or newly-constructed housing. For
32 purposes of this paragraph (8), "low-income households",
33 "very low-income households", and "affordable housing"
34 shall have the meanings set forth in the Illinois
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1 Affordable Housing Act. The municipality shall make a
2 good faith effort to ensure that this affordable housing
3 is located in or near the redevelopment project area
4 within the municipality.
5 (9) If, after the adoption of the redevelopment
6 plan and project for the redevelopment project area, any
7 municipality desires to amend its redevelopment plan or
8 project to remove more inhabited residential units than
9 specified in its original redevelopment plan and project,
10 such increase in the number of units to be removed shall
11 be deemed to be a change in the nature of the
12 redevelopment project as to require compliance with the
13 procedures in this Act pertaining to the initial approval
14 of a redevelopment plan or project.
15 (o) "Redevelopment project" means any public and private
16 development project in furtherance of the objectives of a
17 redevelopment plan. A "redevelopment project" does not
18 include any project containing a plan to develop a golf
19 course, unless the project was in a plan adopted before the
20 effective date of this amendatory Act of 1997 and
21 construction has begun on the project.
22 (p) "Redevelopment project area" means an area
23 designated by the municipality, which is not less in the
24 aggregate than 1 1/2 acres and in respect to which the
25 municipality has made a finding that there exist conditions
26 which cause the area to be classified as an industrial park
27 conservation area or a blighted area or a conservation area,
28 or a combination of both blighted areas and conservation
29 areas.
30 (q) "Redevelopment project costs" mean and include the
31 sum total of all reasonable or necessary costs incurred or
32 estimated to be incurred, and any such costs incidental to a
33 redevelopment plan and a redevelopment project. Such costs
34 include, without limitation, the following:
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1 (1) Costs of studies, surveys, development of
2 plans, and specifications, implementation and
3 administration of the redevelopment plan including but
4 not limited to staff and professional service costs for
5 architectural, engineering, legal, marketing, financial,
6 planning or other services, provided however that no
7 charges for professional services may be based on a
8 percentage of the tax increment collected; no contracts
9 for professional services, excluding architectural and
10 engineering services, may be entered into if the terms of
11 the contract extend beyond a period of 3 years. After
12 consultation with the municipality each tax increment
13 consultant or advisor to a municipality that plans to
14 establish or has established a redevelopment project area
15 shall inform the municipality in writing of any contracts
16 that the consultant or advisor has entered into with
17 entities or individuals that have or are receiving
18 payments financed by tax increment revenues produced by
19 the redevelopment project area with respect to which the
20 consultant or advisor has or will be performing service
21 for the municipality. This requirement shall be
22 satisfied by the consultant or advisor prior to the
23 commencement of such services for the municipality and
24 thereafter whenever any other contracts with such
25 individuals or entities are executed by the consultant or
26 advisor;
27 (1.5) After July 1, 1998, annual administrative
28 costs that are certified to in the municipality's audit
29 of the special tax allocation fund as costs related to
30 the on-going administration of the tax increment
31 financing district, including but not limited to trustee
32 fees, bond counsel fees, consulting fees, and auditing
33 fees, but not including general overhead or
34 administrative costs of the municipality not related to
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1 the administration of the redevelopment project area
2 except that municipalities subject to the provisions of
3 subsection (d-1) of Section 11-74.4-5 shall satisfy this
4 requirement by budgeting such costs;
5 (2) Property assembly costs, including but not
6 limited to acquisition of land and other property, real
7 or personal, or rights or interests therein, demolition
8 of buildings, and the clearing and grading of land;
9 (3) Costs of rehabilitation, reconstruction or
10 repair or remodeling of existing public or private
11 buildings and fixtures and the cost of replacing an
12 existing public building if pursuant to the
13 implementation of a redevelopment project the existing
14 public building is to be demolished or devoted to a
15 different use;
16 (4) Costs of the construction of public works or
17 improvements, except that redevelopment project costs
18 shall not include the cost of constructing a new
19 municipal public building which is intended to be used
20 only for the purpose of providing office or storage space
21 either for administrative personnel of the municipality
22 or in connection with public safety or public works
23 services provided by the municipality and which is not
24 intended to replace an existing public building as
25 provided under paragraph (3) of subsection (q) of Section
26 11-74.4-3 unless either (i) the construction of the new
27 building implements a redevelopment project that was
28 initiated as defined below prior to the effective date of
29 this amendatory Act of 1997 or (ii) the municipality
30 makes a reasonable determination in the redevelopment
31 plan, supported by information that provides the basis
32 for that determination, that the additional office or
33 storage space is required to meet an increase in the need
34 for public safety services or public works services that
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1 is anticipated to result from the implementation of the
2 redevelopment plan. For purposes of this Section, a
3 redevelopment project shall be considered to be initiated
4 if a municipality has adopted an ordinance or resolution
5 establishing the time and place for the public hearing on
6 the redevelopment project or an amendment to a
7 redevelopment project as provided in subsection (a) of
8 Section 11-74.4-5;
9 (5) Costs of job training and retraining projects;
10 (6) Financing costs, including but not limited to
11 all necessary and incidental expenses related to the
12 issuance of obligations and which may include payment of
13 interest on any obligations issued hereunder accruing
14 during the estimated period of construction of any
15 redevelopment project for which such obligations are
16 issued and for not exceeding 36 months thereafter and
17 including reasonable reserves related thereto;
18 (7) All or a portion of a taxing district's capital
19 costs resulting from the redevelopment project
20 necessarily incurred or to be incurred in furtherance of
21 the objectives of the redevelopment plan and project, to
22 the extent the municipality by written agreement accepts
23 and approves such costs;
24 (8) Relocation costs to the extent that a
25 municipality determines that relocation costs shall be
26 paid or is required to make payment of relocation costs
27 by federal or State law or in order to satisfy
28 subparagraph (7) of subsection (n);
29 (9) Payment in lieu of taxes;
30 (10) Costs of job training, advanced vocational
31 education or career education, including but not limited
32 to courses in occupational, semi-technical or technical
33 fields leading directly to employment, incurred by one or
34 more taxing districts, provided that such costs (i) are
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1 related to the establishment and maintenance of
2 additional job training, advanced vocational education or
3 career education programs for persons employed or to be
4 employed by employers located in a redevelopment project
5 area; and (ii) when incurred by a taxing district or
6 taxing districts other than the municipality, are set
7 forth in a written agreement by or among the municipality
8 and the taxing district or taxing districts, which
9 agreement describes the program to be undertaken,
10 including but not limited to the number of employees to
11 be trained, a description of the training and services to
12 be provided, the number and type of positions available
13 or to be available, itemized costs of the program and
14 sources of funds to pay for the same, and the term of the
15 agreement. Such costs include, specifically, the payment
16 by community college districts of costs pursuant to
17 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
18 Community College Act and by school districts of costs
19 pursuant to Sections 10-22.20a and 10-23.3a of The School
20 Code;
21 (11) Interest cost incurred by a redeveloper
22 related to the construction, renovation or rehabilitation
23 of a redevelopment project provided that:
24 (A) such costs are to be paid directly from
25 the special tax allocation fund established pursuant
26 to this Act; and
27 (B) such payments in any one year may not
28 exceed 30% of the annual interest costs incurred by
29 the redeveloper with regard to the redevelopment
30 project during that year;
31 (C) if there are not sufficient funds
32 available in the special tax allocation fund to make
33 the payment pursuant to this paragraph (11) then the
34 amounts so due shall accrue and be payable when
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1 sufficient funds are available in the special tax
2 allocation fund; and
3 (D) the total of such interest payments paid
4 pursuant to this Act may not exceed 30% of the total
5 (i) cost paid or incurred by the redeveloper for the
6 redevelopment project plus (ii) redevelopment
7 project costs excluding any property assembly costs
8 and any relocation costs incurred by a municipality
9 pursuant to this Act;.
10 (E) the limits set forth in subparagraphs (B)
11 and (D) of paragraph (11) shall be modified for the
12 financing of rehabilitated or new housing units for
13 low-income household and very low-income household,
14 as defined in Section 3 of the Illinois Affordable
15 Housing Act. The percentage of 75% shall be
16 substituted for 30% in subparagraphs (B) and (D) of
17 paragraph (11).
18 In lieu of the benefits provided by
19 subparagraphs (B) and (D) of paragraph (11), as
20 modified by this subparagraph, and notwithstanding
21 any other provisions of this Act to the contrary,
22 the municipality may pay from tax increment revenues
23 up to 50% of the cost of construction of new housing
24 units to be occupied by low-income household and
25 very low-income household as defined in Section 3 of
26 the Illinois Affordable Housing Act. The cost of
27 construction of those units may be derived from the
28 proceeds of bonds issued by the municipality
29 pursuant to this Act or other constitutional or
30 statutory authority or from other sources of
31 municipal revenue that may be reimbursed from tax
32 increment revenues or the proceeds of bonds issued
33 to finance the construction of such housing.
34 The standards for maintaining the occupancy of
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1 these units by low-income household and very
2 low-income household, as defined in Section 3 of the
3 Illinois Affordable Housing Act, shall be
4 established by guidelines adopted by the
5 municipality. The responsibility for annually
6 documenting the continued occupancy of the units by
7 low-income household and very low-income household,
8 as defined in Section 3 of the Illinois Affordable
9 Housing Act, shall be the that of the then-current
10 owner of the property. The municipality may modify
11 these guidelines from time to time; however, the
12 guidelines shall be in effect for as long as tax
13 increment revenue is being used to pay for costs
14 associated with the units or for the retirement of
15 bonds issued to finance the units or for the life of
16 the redevelopment project area, whichever is later.
17 (12) Unless explicitly stated herein the cost of
18 construction of new privately-owned buildings shall not
19 be an eligible redevelopment project cost.
20 (13) After the effective date of this amendatory
21 Act of 1997, none of the redevelopment project costs
22 enumerated in this subsection shall be eligible
23 redevelopment project costs if those costs would provide
24 direct financial support to a retailer initiating retail
25 operations in the redevelopment project area while
26 terminating retail operations at another location within
27 10 miles of the redevelopment project area but outside
28 the boundaries of the redevelopment project area
29 municipality. For purposes of this paragraph,
30 termination means a closing of a retail operation that is
31 directly related to the opening of the same retail
32 operation in a redevelopment project area other than the
33 redevelopment project area in which the retailer was
34 originally located, but it does not mean closing a retail
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1 operation for reasons beyond the control of the retailer
2 as determined by the municipality.
3 (14) Redevelopment project costs shall not include
4 payments to any other taxing body under any
5 intergovernmental revenue-sharing agreement except where
6 such payments are used exclusively for payment of
7 eligible redevelopment project costs as defined in this
8 subsection.
9 If a special service area has been established pursuant
10 to the Special Service Area Tax Act, then any tax increment
11 revenues derived from the tax imposed pursuant to the Special
12 Service Area Tax Act may be used within the redevelopment
13 project area for the purposes permitted by that Act as well
14 as the purposes permitted by this Act.
15 (r) "State Sales Tax Boundary" means the redevelopment
16 project area or the amended redevelopment project area
17 boundaries which are determined pursuant to subsection (9) of
18 Section 11-74.4-8a of this Act. The Department of Revenue
19 shall certify pursuant to subsection (9) of Section
20 11-74.4-8a the appropriate boundaries eligible for the
21 determination of State Sales Tax Increment.
22 (s) "State Sales Tax Increment" means an amount equal to
23 the increase in the aggregate amount of taxes paid by
24 retailers and servicemen, other than retailers and servicemen
25 subject to the Public Utilities Act, on transactions at
26 places of business located within a State Sales Tax Boundary
27 pursuant to the Retailers' Occupation Tax Act, the Use Tax
28 Act, the Service Use Tax Act, and the Service Occupation Tax
29 Act, except such portion of such increase that is paid into
30 the State and Local Sales Tax Reform Fund, the Local
31 Government Distributive Fund, the Local Government Tax
32 Fund and the County and Mass Transit District Fund, for as
33 long as State participation exists, over and above the
34 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
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1 or the Revised Initial Sales Tax Amounts for such taxes as
2 certified by the Department of Revenue and paid under those
3 Acts by retailers and servicemen on transactions at places of
4 business located within the State Sales Tax Boundary during
5 the base year which shall be the calendar year immediately
6 prior to the year in which the municipality adopted tax
7 increment allocation financing, less 3.0% of such amounts
8 generated under the Retailers' Occupation Tax Act, Use Tax
9 Act and Service Use Tax Act and the Service Occupation Tax
10 Act, which sum shall be appropriated to the Department of
11 Revenue to cover its costs of administering and enforcing
12 this Section. For purposes of computing the aggregate amount
13 of such taxes for base years occurring prior to 1985, the
14 Department of Revenue shall compute the Initial Sales Tax
15 Amount for such taxes and deduct therefrom an amount equal to
16 4% of the aggregate amount of taxes per year for each year
17 the base year is prior to 1985, but not to exceed a total
18 deduction of 12%. The amount so determined shall be known as
19 the "Adjusted Initial Sales Tax Amount". For purposes of
20 determining the State Sales Tax Increment the Department of
21 Revenue shall for each period subtract from the tax amounts
22 received from retailers and servicemen on transactions
23 located in the State Sales Tax Boundary, the certified
24 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
25 or Revised Initial Sales Tax Amounts for the Retailers'
26 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act
27 and the Service Occupation Tax Act. For the State Fiscal
28 Year 1989 this calculation shall be made by utilizing the
29 calendar year 1987 to determine the tax amounts received. For
30 the State Fiscal Year 1990, this calculation shall be made by
31 utilizing the period from January 1, 1988, until September
32 30, 1988, to determine the tax amounts received from
33 retailers and servicemen, which shall have deducted therefrom
34 nine-twelfths of the certified Initial Sales Tax Amounts,
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1 Adjusted Initial Sales Tax Amounts or the Revised Initial
2 Sales Tax Amounts as appropriate. For the State Fiscal Year
3 1991, this calculation shall be made by utilizing the period
4 from October 1, 1988, until June 30, 1989, to determine the
5 tax amounts received from retailers and servicemen, which
6 shall have deducted therefrom nine-twelfths of the certified
7 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
8 Amounts or the Revised Initial Sales Tax Amounts as
9 appropriate. For every State Fiscal Year thereafter, the
10 applicable period shall be the 12 months beginning July 1 and
11 ending on June 30, to determine the tax amounts received
12 which shall have deducted therefrom the certified Initial
13 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
14 Revised Initial Sales Tax Amounts. Municipalities intending
15 to receive a distribution of State Sales Tax Increment must
16 report a list of retailers to the Department of Revenue by
17 October 31, 1988 and by July 31, of each year thereafter.
18 (t) "Taxing districts" means counties, townships, cities
19 and incorporated towns and villages, school, road, park,
20 sanitary, mosquito abatement, forest preserve, public health,
21 fire protection, river conservancy, tuberculosis sanitarium
22 and any other municipal corporations or districts with the
23 power to levy taxes.
24 (u) "Taxing districts' capital costs" means those costs
25 of taxing districts for capital improvements that are found
26 by the municipal corporate authorities to be necessary and
27 directly result from the redevelopment project.
28 (v) As used in subsection (a) of Section 11-74.4-3 of
29 this Act, "vacant land" means any parcel or combination of
30 parcels of real property without industrial, commercial, and
31 residential buildings which has not been used for commercial
32 agricultural purposes within 5 years prior to the designation
33 of the redevelopment project area, unless the parcel is
34 included in an industrial park conservation area or the
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1 parcel has been subdivided; provided that if the parcel was
2 part of a larger tract that has been divided into 3 or more
3 smaller tracts that were accepted for recording during the
4 period from 1950 to 1990, then the parcel shall be deemed to
5 have been subdivided, and all proceedings and actions of the
6 municipality taken in that connection with respect to any
7 previously approved or designated redevelopment project area
8 or amended redevelopment project area are hereby validated
9 and hereby declared to be legally sufficient for all purposes
10 of this Act. For purposes of this Section, land is subdivided
11 when the original plat has been properly certified,
12 acknowledged, approved, and recorded or filed in accordance
13 with the Plat Act or the applicable ordinance of the
14 municipality.
15 (w) "Annual Total Increment" means the sum of each
16 municipality's annual Net Sales Tax Increment and each
17 municipality's annual Net Utility Tax Increment. The ratio
18 of the Annual Total Increment of each municipality to the
19 Annual Total Increment for all municipalities, as most
20 recently calculated by the Department, shall determine the
21 proportional shares of the Illinois Tax Increment Fund to be
22 distributed to each municipality.
23 (Source: P.A. 88-535; 88-537; 88-603, eff. 9-1-94; 88-670,
24 eff. 12-2-94; 88-688, eff. 1-24-95; 89-235, eff. 8-4-95;
25 89-705, eff. 1-31-97.)
26 (65 ILCS 5/11-74.4-4.1)
27 Sec. 11-74.4-4.1. If a municipality by its corporate
28 authorities, or as it may determine by any commission
29 designated under subsection (k) of Section 11-74.4-4, adopts
30 an ordinance or resolution providing for a feasibility study
31 on the designation of an area as a redevelopment project
32 area, a copy of the ordinance or resolution shall immediately
33 be sent to all taxing districts that would be affected by the
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1 designation.
2 The ordinance or resolution shall include:
3 (1) The boundaries of the area to be studied for
4 possible designation as a redevelopment project area.
5 (2) The purpose or purposes of the redevelopment
6 area.
7 (3) A brief description of the tax increment
8 mechanism.
9 (4) The name, phone number, and address of the
10 municipal officer who can be contacted for additional
11 information about the proposed redevelopment project area
12 and who should receive all comments and suggestions
13 regarding the redevelopment of the area to be studied.
14 If a redevelopment project area includes 75 or more
15 inhabited residential units or if one of the planned purposes
16 of the redevelopment project area as set forth in the
17 redevelopment plan includes the removal of 10 or more
18 inhabited residential units, the municipality shall adopt a
19 resolution or ordinance providing for the feasibility report
20 referred to in subsection (a) of Section 11-74.4-5. The
21 report shall also require the preparation of the housing
22 impact study set forth in paragraph (6) of subsection (n) of
23 Section 11-74.4-3.
24 (Source: P.A. 88-537.)
25 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
26 Sec. 11-74.4-5. (a) Prior to the adoption of an
27 ordinance proposing the designation of a redevelopment
28 project area, or approving a redevelopment plan or
29 redevelopment project, the municipality by its corporate
30 authorities, or as it may determine by any commission
31 designated under subsection (k) of Section 11-74.4-4 shall
32 adopt an ordinance or resolution fixing a time and place for
33 public hearing. Prior to the adoption of the ordinance or
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1 resolution establishing the time and place for the public
2 hearing, the municipality shall make available for public
3 inspection a redevelopment plan or a separate report that
4 provides in reasonable detail the basis for the redevelopment
5 project area qualifying as a blighted area, conservation
6 area, or an industrial park conservation area. The report
7 along with the name of a person to contact for further
8 information shall be sent within a reasonable time after the
9 adoption of such ordinance or resolution to the affected
10 taxing districts by certified mail. For redevelopment project
11 areas that would require removal of 10 or more inhabited
12 residential units, the report, along with the name of a
13 municipal official to contact for further information, shall
14 be sent by certified mail within a reasonable time after the
15 adoption of the ordinance or resolution to all organizations
16 that have registered with the municipality for such
17 information within the 3 prior years. At the public hearing
18 any interested person or affected taxing district may file
19 with the municipal clerk written objections to and may be
20 heard orally in respect to any issues embodied in the notice.
21 The municipality shall hear and determine all protests and
22 objections at the hearing and the hearing may be adjourned to
23 another date without further notice other than a motion to be
24 entered upon the minutes fixing the time and place of the
25 subsequent hearing. Prior to the adoption of an ordinance
26 approving a redevelopment plan or redevelopment project, or
27 designating a redevelopment project area, changes may be made
28 in the redevelopment plan or project or area which changes do
29 not alter the exterior boundaries, or do not substantially
30 affect the general land uses established in the plan or
31 substantially change the nature of the redevelopment project,
32 without further hearing or notice, provided that notice of
33 such changes is given by mail to each affected taxing
34 district and by publication in a newspaper or newspapers of
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1 general circulation within the taxing districts not less than
2 10 days prior to the adoption of the changes by ordinance.
3 After the adoption of an ordinance approving a redevelopment
4 plan or project or designating a redevelopment project area,
5 no ordinance shall be adopted altering the exterior
6 boundaries, affecting the general land uses established
7 pursuant to the plan or changing the nature of the
8 redevelopment project without complying with the procedures
9 provided in this division pertaining to the initial approval
10 of a redevelopment plan project and designation of
11 redevelopment project area. Hearings with regard to a
12 redevelopment project area, project or plan may be held
13 simultaneously.
14 (b) After the effective date of this amendatory Act of
15 1989, prior to the adoption of an ordinance proposing the
16 designation of a redevelopment project area or amending the
17 boundaries of an existing redevelopment project area, the
18 municipality shall convene a joint review board to consider
19 the proposal. The board shall consist of a representative
20 selected by each community college district, local elementary
21 school district and high school district or each local
22 community unit school district, park district, library
23 district and county that has authority to directly levy taxes
24 on the property within the proposed redevelopment project
25 area, a representative selected by the municipality and a
26 public member. For redevelopment project areas that would
27 require removal of 10 or more inhabited residential units,
28 the public member shall be a person who resides in a very
29 low, low, or moderate income household, as defined in Section
30 3 of the Illinois Affordable Housing Act, that is located
31 within the redevelopment project area. The public member and
32 the board's chairperson shall be selected by a majority of
33 other board members. Municipalities that have designated
34 redevelopment project areas prior to the effective date of
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1 this amendatory Act of 1989 shall may convene a joint review
2 board to perform the duties specified under paragraph (e) of
3 this Section.
4 All board members shall be appointed and the first board
5 meeting held within 14 days following the notice by the
6 municipality to all the taxing districts as required by
7 Section 11-74.4-6c. Such notice shall also advise the taxing
8 bodies represented on the joint review board of the time and
9 place of the first meeting of the board. Additional meetings
10 of the board shall be held upon the call of any member. The
11 municipality seeking designation of the redevelopment project
12 area may provide administrative support to the board.
13 The board shall review (i) the public record, planning
14 documents and proposed ordinances approving the redevelopment
15 plan and project and (ii) any proposed changes to the
16 redevelopment plan and project to be adopted by the
17 municipality. As part of its deliberations, the board may
18 hold additional hearings on the proposal. A board's
19 recommendation shall be an advisory, non-binding
20 recommendation which recommendation shall be adopted by a
21 majority vote of the board members present and voting and
22 submitted to the municipality within 30 days after convening
23 of the board. Failure of the board to submit its report on a
24 timely basis shall not be cause to delay the public hearing
25 or any other step in the process of establishing or amending
26 the redevelopment project area.
27 The board shall base its recommendation to approve or
28 disaprove the designation of the redevelopment project area
29 decision to approve or deny the proposal on the basis of the
30 redevelopment project area and redevelopment plan satisfying
31 the objectives of this Act and the plan requirements, the
32 eligibility criteria defined in Section 11-74.4-3, and the
33 objectives of the Act. eligibility criteria defined in
34 Section 11-74.4-3.
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1 The board shall issue a written report describing why the
2 redevelopment plan and project area meets or fails to meet
3 one or more of the objectives of this Act and both the plan
4 requirements and the eligibility criteria defined in Section
5 11-74.4-3. In the event the Board does not file a report it
6 shall be presumed that these taxing bodies find the
7 redevelopment project area and redevelopment plan to satisfy
8 the objectives of this Act and the plan requirements and
9 eligibility criteria.
10 (c) After the adoption of an ordinance approving a
11 redevelopment plan or project or designating a redevelopment
12 project area, no ordinance shall be adopted altering the
13 exterior boundaries, affecting the general land uses
14 established pursuant to the plan or changing the nature of
15 the redevelopment project without complying with the
16 procedures provided in this division pertaining to the
17 initial approval of a redevelopment plan project and
18 designation of a redevelopment project area.
19 (d) After the effective date of this amendatory Act of
20 1994 and adoption of an ordinance approving a redevelopment
21 plan or project, a A municipality with a population of less
22 than 1,000,000 shall within 90 days after the close of each
23 municipal fiscal year notify all taxing districts represented
24 on the joint review board in which the redevelopment project
25 area is located that any or all of the following information
26 will be made make the following information available to all
27 taxing districts no later than 270 180 days after the close
28 of each municipal fiscal year upon receipt of a written
29 request of a majority of such taxing districts for such
30 information:
31 (1) Any amendments to the redevelopment plan, the
32 redevelopment project area, or the State Sales Tax
33 Boundary.
34 (2) Audited financial statements of the special tax
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1 allocation fund once a cumulative total of $100,000 has
2 been deposited in the fund.
3 (3) Certification of the Chief Executive Officer of
4 the municipality that the municipality has complied with
5 all of the requirements of this Act during the preceding
6 fiscal year.
7 (4) An opinion of legal counsel that the
8 municipality is in compliance with this Act.
9 (5) An analysis of the special tax allocation fund
10 which sets forth:
11 (A) the balance in the special tax allocation
12 fund at the beginning of the fiscal year;
13 (B) all amounts deposited in the special tax
14 allocation fund by source;
15 (C) all expenditures from the special tax
16 allocation fund by category of permissible
17 redevelopment project cost; and
18 (D) the balance in the special tax allocation
19 fund at the end of the fiscal year including a
20 breakdown of that balance by source. Such ending
21 balance shall be designated as surplus if it is not
22 required for anticipated redevelopment project costs
23 or to pay debt service on bonds issued to finance
24 redevelopment project costs, as set forth in Section
25 11-74.4-7 hereof.
26 (6) A description of all property purchased by the
27 municipality within the redevelopment project area
28 including:
29 (A) Street address.
30 (B) Approximate size or description of
31 property.
32 (C) Purchase price.
33 (D) Seller of property.
34 (7) A statement setting forth all activities
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1 undertaken in furtherance of the objectives of the
2 redevelopment plan, including:
3 (A) Any project implemented in the preceding
4 fiscal year.
5 (B) A description of the redevelopment
6 activities undertaken.
7 (C) A description of any agreements entered
8 into by the municipality with regard to the
9 disposition or redevelopment of any property within
10 the redevelopment project area or the area within
11 the State Sales Tax Boundary.
12 (D) Additional information on the use of all
13 funds received under this Division and steps taken
14 by the municipality to achieve the objectives of the
15 redevelopment plan.
16 (E) Information regarding contracts that the
17 municipality's tax increment advisors or consultants
18 have entered into with entities or persons that have
19 or are receiving payments financed by tax increment
20 revenues produced by the same redevelopment project
21 area.
22 (8) With regard to any obligations issued by the
23 municipality:
24 (A) copies of any official statements; and
25 (B) an analysis prepared by financial advisor
26 or underwriter setting forth: (i) nature and term of
27 obligation; and (ii) projected debt service
28 including required reserves and debt coverage.
29 (9) For special tax allocation funds that have
30 experienced cumulative deposits of incremental tax
31 revenues of $100,000 or more, a certified audit report
32 reviewing compliance with this Act performed by an
33 independent public accountant certified and licensed by
34 the authority of the State of Illinois. The financial
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1 portion of the audit must be conducted in accordance with
2 Standards for Audits of Governmental Organizations,
3 Programs, Activities, and Functions adopted by the
4 Comptroller General of the United States (1981), as
5 amended. The audit report shall contain a letter from
6 the independent certified public accountant indicating
7 compliance or noncompliance with the requirements of
8 subsection (q) of Section 11-74.4-3. For redevelopment
9 project areas that would include 75 or more inhabited
10 residential units or would require removal of 10 or more
11 inhabited residential units, the information required in
12 this subsection shall also be sent by certified mail to
13 all organizations that have registered with the
14 municipality for such information within the prior 3
15 years. All municipalities are subject to this provision.
16 (d-1) Municipalities with populations of over 1,000,000
17 shall, after adoption of a redevelopment plan or project,
18 make available upon request to any taxing district in which
19 the redevelopment project area is located the following
20 information:
21 (1) Any amendments to the redevelopment plan, the
22 redevelopment project area, or the State Sales Tax
23 Boundary; and
24 (2) In connection with any redevelopment project
25 area for which the municipality has outstanding
26 obligations issued to provide for redevelopment project
27 costs pursuant to Section 11-74.4-7, audited financial
28 statements of the special tax allocation fund.
29 (e) One year, two years and at the end of every
30 subsequent three year period thereafter, The joint review
31 board shall meet annually to review the effectiveness and
32 status of the redevelopment project area up to that date.
33 (f) If the redevelopment project area has been in
34 existence for at least 5 years and the municipality proposes
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1 a redevelopment project with a total redevelopment project
2 cost exceeding 35% of the total amount budgeted in the
3 redevelopment plan for all redevelopment projects, the
4 municipality, in addition to any other requirements imposed
5 by this Act, shall convene a meeting of the joint review
6 board as provided in this Act for the purpose of reviewing
7 the redevelopment project.
8 (f) (g) In the event that a municipality has held a
9 public hearing under this Section prior to March 14, 1994
10 (the effective date of Public Act 88-537), the requirements
11 imposed by Public Act 88-537 relating to the method of fixing
12 the time and place for public hearing, the materials and
13 information required to be made available for public
14 inspection, and the information required to be sent after
15 adoption of an ordinance or resolution fixing a time and
16 place for public hearing shall not be applicable.
17 (Source: P.A. 88-537; 88-688, eff. 1-24-95.)
18 (65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
19 Sec. 11-74.4-6. (a) Except as provided herein, notice of
20 the public hearing shall be given by publication and mailing.
21 Notice by publication shall be given by publication at least
22 twice, the first publication to be not more than 30 nor less
23 than 10 days prior to the hearing in a newspaper of general
24 circulation within the taxing districts having property in
25 the proposed redevelopment project area. Notice by mailing
26 shall be given by depositing such notice in the United States
27 mails by certified mail addressed to the person or persons
28 in whose name the general taxes for the last preceding year
29 were paid on each lot, block, tract, or parcel of land lying
30 within the project redevelopment area. Said notice shall be
31 mailed not less than 10 days prior to the date set for the
32 public hearing. In the event taxes for the last preceding
33 year were not paid, the notice shall also be sent to the
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1 persons last listed on the tax rolls within the preceding 3
2 years as the owners of such property. For redevelopment
3 project areas with redevelopment plans or proposed
4 redevelopment plans that would require removal of 10 or more
5 inhabited residential units, the municipality shall make a
6 good faith effort to notify by mail all residents of the
7 redevelopment project area. At a minimum, the municipality
8 shall mail a notice to each residential address located
9 within the redevelopment project area. The municipality
10 shall endeavor to ensure that all such notices are
11 effectively communicated and may include (in addition to
12 notice in English) notice in languages other than English
13 when appropriate.
14 (b) The notices issued pursuant to this Section shall
15 include the following:
16 (1) The time and place of public hearing;
17 (2) The boundaries of the proposed redevelopment
18 project area by legal description and by street location
19 where possible;
20 (3) A notification that all interested persons will
21 be given an opportunity to be heard at the public
22 hearing;
23 (4) A description of the redevelopment plan or
24 redevelopment project for the proposed redevelopment
25 project area if a plan or project is the subject matter
26 of the hearing.
27 (5) Such other matters as the municipality may deem
28 appropriate.
29 (c) Not less than 45 days prior to the date set for
30 hearing, the municipality shall give notice by mail as
31 provided in subsection (a) to all taxing districts of which
32 taxable property is included in the redevelopment project
33 area, project or plan and to the Department of Commerce and
34 Community Affairs, and in addition to the other requirements
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1 under subsection (b) the notice shall include an invitation
2 to the Department of Commerce and Community Affairs and each
3 taxing district to submit comments to the municipality
4 concerning the subject matter of the hearing prior to the
5 date of hearing.
6 (d) In the event that any municipality has by ordinance
7 adopted tax increment financing prior to 1987, and has
8 complied with the notice requirements of this Section, except
9 that the notice has not included the requirements of
10 subsection (b), paragraphs (2), (3) and (4), and within 90
11 days of the effective date of this amendatory Act of 1991,
12 that municipality passes an ordinance which contains findings
13 that: (1) all taxing districts prior to the time of the
14 hearing required by Section 11-74.4-5 were furnished with
15 copies of a map incorporated into the redevelopment plan and
16 project substantially showing the legal boundaries of the
17 redevelopment project area; (2) the redevelopment plan and
18 project, or a draft thereof, contained a map substantially
19 showing the legal boundaries of the redevelopment project
20 area and was available to the public at the time of the
21 hearing; and (3) since the adoption of any form of tax
22 increment financing authorized by this Act, and prior to June
23 1, 1991, no objection or challenge has been made in writing
24 to the municipality in respect to the notices required by
25 this Section, then the municipality shall be deemed to have
26 met the notice requirements of this Act and all actions of
27 the municipality taken in connection with such notices as
28 were given are hereby validated and hereby declared to be
29 legally sufficient for all purposes of this Act.
30 (e) In the event that a municipality desires to propose
31 a redevelopment plan and project for a redevelopment project
32 area which proposed redevelopment project area would include
33 more than 50 inhabited residential units or which provides
34 for the removal of 10 or more inhabited residential units,
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1 the municipality shall hold a public meeting before the
2 mailing of the notices of public hearing as provided in
3 subsection (c) of this Section. The meeting shall be for the
4 purpose of enabling the municipality to advise the public,
5 taxing districts having real property in the redevelopment
6 project area, taxpayers who own property in the proposed
7 redevelopment project area, and residents in the area as to
8 the municipality's possible intent to prepare a redevelopment
9 plan and project and designate a redevelopment project area
10 and to receive public comment in reference thereto. The time
11 and place for the meeting shall be set by the head of the
12 municipality's Department of Planning or other department
13 official designated by the mayor or city or village manager
14 without the necessity of a resolution or ordinance of the
15 municipality and may be held by a member of the staff of the
16 Department of Planning of the municipality or by any other
17 person, body, or commission designated by the corporate
18 authorities. The meeting shall be held at least 21 days
19 before the mailing of the notice of public hearing provided
20 for in subsection (c) of this Section.
21 Notice of the public meeting shall be given by mail.
22 Notice by mail shall be not less than 15 days before the date
23 of the meeting and shall be sent by certified mail to all
24 taxing districts having real property in the proposed
25 redevelopment project area and to all organizations
26 requesting such information that have registered with a
27 person and department designated by the municipality within
28 the 3 year period prior to the date set for the public
29 hearing. The municipality shall notify each registered
30 organization concerning the expiration date of the
31 registration at least 30 days prior to the date the
32 registration expires. The municipality shall make a good
33 faith effort to notify all residents and the last known
34 persons who paid property taxes on real estate in a
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1 redevelopment project area. This requirement shall be deemed
2 to be satisfied if the municipality mails, by regular mail, a
3 notice to each residential address and the person or persons
4 in whose name property taxes were paid on real property for
5 the last preceding year located within the redevelopment
6 project area. Notice may be in languages other than English
7 when appropriate. The notices issued under this subsection
8 shall include the following:
9 (1) The time and place of the meeting.
10 (2) The boundaries of the area to be studied for
11 possible designation as a redevelopment project area by
12 street and location.
13 (3) The purpose or purposes of establishing a
14 redevelopment project area.
15 (4) A brief description of the tax increment
16 mechanism.
17 (5) The name, telephone number, and address of the
18 person who can be contacted for additional information
19 about the proposed redevelopment project area and who
20 should receive all comments and suggestions regarding
21 the development of the area to be studied.
22 (6) Notification that all interested persons will
23 be given an opportunity to be heard at the public
24 meeting.
25 (7) Such other matters as the municipality deems
26 appropriate.
27 At the public meeting, any interested person or affected
28 taxing district representative may be heard orally and may
29 file, with the person conducting the meeting, statements that
30 pertain to the subject matter of the meeting.
31 (Source: P.A. 86-142; 87-813.)
32 (65 ILCS 5/11-74.4-7.1)
33 Sec. 11-74.4-7.1. After the effective date of this
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1 amendatory Act of 1994 and prior to the effective date of
2 this amendatory Act of 1997, a municipality with a population
3 of less than 1,000,000, prior to construction of a new
4 municipal public building that provides governmental services
5 to be financed with tax increment revenues as authorized in
6 paragraph (4) of subsection (q) of Section 11-74.4-3, shall
7 agree with the affected taxing districts to pay them, to the
8 extent tax increment finance revenues are available, over the
9 life of the redevelopment project area, an amount equal to
10 25% of the cost of the building, such payments to be paid to
11 the taxing districts in the same proportion as the most
12 recent distribution by the county collector to the affected
13 taxing districts of real property taxes from taxable real
14 property in the redevelopment project area. After the
15 effective date of this amendatory Act of 1997, the
16 requirements of this Section shall apply only to municipal
17 public buildings constructed under the authority provided by
18 paragraphs (3) and (4)(i) of subsection (q) of Section
19 11-74.4-3.
20 This Section does not apply to a municipality that,
21 before March 14, 1994 (the effective date of Public Act
22 88-537), acquired or leased the land (i) upon which a new
23 municipal public building is to be constructed and (ii) for
24 which an existing redevelopment plan or a redevelopment
25 agreement includes provisions for the construction of a new
26 municipal public building.
27 (Source: P.A. 88-537; 88-688, eff. 1-24-95.)