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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 HB0525 Engrossed -2- LRB9001030DNcc 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 HB0525 Engrossed -3- LRB9001030DNcc 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. HB0525 Engrossed -4- LRB9001030DNcc 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 HB0525 Engrossed -5- LRB9001030DNcc 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 HB0525 Engrossed -6- LRB9001030DNcc 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 HB0525 Engrossed -7- LRB9001030DNcc 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 any13improved or vacant area within the boundaries of a14redevelopment project area located within the15territorial limits of the municipality where, if16improved, industrial, commercial and residential17buildings or improvements, because of a combination18of 5 or more of the following factors: age;19dilapidation; obsolescence; deterioration; illegal20use of individual structures; presence of structures21below minimum code standards; excessive vacancies;22overcrowding of structures and community facilities;23lack of ventilation, light or sanitary facilities;24inadequate utilities; excessive land coverage;25deleterious land use or layout; depreciation of26physical maintenance; lack of community planning, is27detrimental to the public safety, health, morals or28welfare, or if vacant, the sound growth of the29taxing districts is impaired by, (1) a combination30of 2 or more of the following factors: obsolete31platting of the vacant land; diversity of ownership32of such land; tax and special assessment33delinquencies on such land; flooding on all or part34of such vacant land; deterioration of structures orHB0525 Engrossed -8- LRB9001030DNcc 1site improvements in neighboring areas adjacent to2the vacant land, or (2) the area immediately prior3to becoming vacant qualified as a blighted improved4area, or (3) the area consists of an unused quarry5or unused quarries, or (4) the area consists of6unused railyards, rail tracks or railroad7rights-of-way, or (5) the area, prior to its8designation, is subject to chronic flooding which9adversely impacts on real property in the area and10such flooding is substantially caused by one or more11improvements in or in proximity to the area which12improvements have been in existence for at least 513years, or (6) the area consists of an unused14disposal site, containing earth, stone, building15debris or similar material, which were removed from16construction, demolition, excavation or dredge17sites, or (7) the area is not less than 50 nor more18than 100 acres and 75% of which is vacant,19notwithstanding the fact that such area has been20used for commercial agricultural purposes within 521years prior to the designation of the redevelopment22project area, and which area meets at least one of23the factors itemized in provision (1) of this24subsection (a), and the area has been designated as25a town or village center by ordinance or26comprehensive plan adopted prior to January 1, 1982,27and the area has not been developed for that28designated 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 HB0525 Engrossed -9- LRB9001030DNcc 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;6deterioration; illegal use of individual structures; presence7of structures below minimum code standards; abandonment;8excessive vacancies; overcrowding of structures and community9facilities; lack of ventilation, light or sanitary10facilities; inadequate utilities; excessive land coverage;11deleterious land use or layout; depreciation of physical12maintenance; 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 HB0525 Engrossed -12- LRB9001030DNcc 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 a31blighted or conservation area suitable for use by any32manufacturing, industrial, research or transportation33enterprise, of facilities to include but not be limited to34factories, mills, processing plants, assembly plants, packingHB0525 Engrossed -13- LRB9001030DNcc 1plants, fabricating plants, industrial distribution centers,2warehouses, repair overhaul or service facilities, freight3terminals, research facilities, test facilities or railroad4facilities.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 tono later than at12 the time the municipality by ordinance designates the 13 redevelopment project area, and which areaincludesboth is 14 contiguous tovacant land suitable for use as an industrial15park anda 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 HB0525 Engrossed -14- LRB9001030DNcc 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 HB0525 Engrossed -15- LRB9001030DNcc 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 HB0525 Engrossed -16- LRB9001030DNcc 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 HB0525 Engrossed -17- LRB9001030DNcc 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 HB0525 Engrossed -18- LRB9001030DNcc 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. HB0525 Engrossed -19- LRB9001030DNcc 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 HB0525 Engrossed -20- LRB9001030DNcc 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: HB0525 Engrossed -21- LRB9001030DNcc 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 HB0525 Engrossed -22- LRB9001030DNcc 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 HB0525 Engrossed -23- LRB9001030DNcc 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 HB0525 Engrossed -24- LRB9001030DNcc 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 HB0525 Engrossed -25- LRB9001030DNcc 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: HB0525 Engrossed -26- LRB9001030DNcc 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 HB0525 Engrossed -27- LRB9001030DNcc 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 HB0525 Engrossed -28- LRB9001030DNcc 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'scapital19 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 HB0525 Engrossed -29- LRB9001030DNcc 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;and27 (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 HB0525 Engrossed -30- LRB9001030DNcc 1 sufficient funds are available in the special tax 2 allocation fund;and3 (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 HB0525 Engrossed -31- LRB9001030DNcc 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 HB0525 Engrossed -32- LRB9001030DNcc 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 HB0525 Engrossed -33- LRB9001030DNcc 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, HB0525 Engrossed -34- LRB9001030DNcc 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 HB0525 Engrossed -35- LRB9001030DNcc 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 HB0525 Engrossed -36- LRB9001030DNcc 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 HB0525 Engrossed -37- LRB9001030DNcc 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 HB0525 Engrossed -38- LRB9001030DNcc 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 HB0525 Engrossed -39- LRB9001030DNcc 1 this amendatory Act of 1989 shallmayconvene 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 29decision to approve or deny the proposalon 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 in34Section 11-74.4-3.HB0525 Engrossed -40- LRB9001030DNcc 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 plantosatisfy 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 of201994 and adoption of an ordinance approving a redevelopment21plan or project, aA municipality with a population of less 22 than 1,000,000 shallwithin 90 days after the close of each23municipal fiscal year notify all taxing districts represented24on the joint review board in which the redevelopment project25area is located that any or all of the following information26will be mademake the following information available to all 27 taxing districts no later than 270180days after the close 28 of each municipal fiscal yearupon receipt of a written29request of a majority of such taxing districts for such30information: 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 HB0525 Engrossed -41- LRB9001030DNcc 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 HB0525 Engrossed -42- LRB9001030DNcc 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 HB0525 Engrossed -43- LRB9001030DNcc 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 every30subsequent 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 in34existence for at least 5 years and the municipality proposesHB0525 Engrossed -44- LRB9001030DNcc 1a redevelopment project with a total redevelopment project2cost exceeding 35% of the total amount budgeted in the3redevelopment plan for all redevelopment projects, the4municipality, in addition to any other requirements imposed5by this Act, shall convene a meeting of the joint review6board as provided in this Act for the purpose of reviewing7the 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 HB0525 Engrossed -45- LRB9001030DNcc 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 HB0525 Engrossed -46- LRB9001030DNcc 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, HB0525 Engrossed -47- LRB9001030DNcc 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 HB0525 Engrossed -48- LRB9001030DNcc 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 HB0525 Engrossed -49- LRB9001030DNcc 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.)