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90_SB1501
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-4.1
65 ILCS 5/11-74.4-5 from Ch. 24, par. 11-74.4-5
65 ILCS 5/11-74.4-6 from Ch. 24, par. 11-74.4-6
65 ILCS 5/11-74.4-7.1
Amends the Tax Increment Allocation Redevelopment Act in
the Illinois Municipal Code. Provides that a redevelopment
plan entered into after the effective date of this amendatory
Act shall not contain provisions for the development of a
golf course. Provides that professional services contracts,
except architectural and engineering contracts, incidental to
a redevelopment plan or project may not exceed a term of 3
years. Includes, after July 1, 1998, annual administrative
costs directly related to the on-going administration of the
TIF district in the definition of redevelopment project
costs. Provides that after the effective date of this
amendatory Act, none of the redevelopment costs shall be
eligible redevelopment costs if those costs would provide
financial support to a retail operation initiated in the TIF
district by a retailer who terminated a the operation at a
site within 10 miles of but outside of the TIF. Excludes from
the definition of "redevelopment project costs", subject to
certain exceptions, the cost of constructing a new municipal
public building which is intended to be used only to provide
office space for administrative personnel or in connection
with public safety or public works. Excludes payments to
other taxing bodies associated with intergovernmental
revenue-sharing agreements from the definition of
redevelopment project costs. Requires all TIFs to establish a
joint review board to meet annually. Provides that the board
may, rather than shall, issue a written report describing the
redevelopment plan and project. Requires the municipality to
prepare, as part of the eligibility study, a housing impact
study addressing certain factors if tax increment revenues
will be used to remove 10 or more inhabited residential units
in a redevelopment project area. Provides that redevelopment
project costs include up to 75% of the annual interest costs
incurred by a redeveloper with regard to the redevelopment
project cost in a year for the financing of rehabilitated or
new housing for low and very low income families. Makes
other changes.
LRB9011574KDks
LRB9011574KDks
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
15 area within the boundaries of a redevelopment project area
16 located within the territorial limits of the municipality
17 where the 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 protruding 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 1998, 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.
13 "Blighted area" means any improved or vacant area within the
14 boundaries of a redevelopment project area located within the
15 territorial limits of the municipality where, if improved,
16 industrial, commercial and residential buildings or
17 improvements, because of a combination of 5 or more of the
18 following factors: age; dilapidation; obsolescence;
19 deterioration; illegal use of individual structures; presence
20 of structures below minimum code standards; excessive
21 vacancies; overcrowding of structures and community
22 facilities; lack of ventilation, light or sanitary
23 facilities; inadequate utilities; excessive land coverage;
24 deleterious land use or layout; depreciation of physical
25 maintenance; lack of community planning, is detrimental to
26 the public safety, health, morals or welfare, or if vacant,
27 the sound growth of the taxing districts is impaired by, (1)
28 a combination of 2 or more of the following factors: obsolete
29 platting of the vacant land; diversity of ownership of such
30 land; tax and special assessment delinquencies on such land;
31 flooding on all or part of such vacant land; deterioration of
32 structures or site improvements in neighboring areas adjacent
33 to the vacant land, or (2) the area immediately prior to
34 becoming vacant qualified as a blighted improved area, or (3)
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1 the area consists of an unused quarry or unused quarries, or
2 (4) the area consists of unused railyards, rail tracks or
3 railroad rights-of-way, or (5) the area, prior to its
4 designation, is subject to chronic flooding which adversely
5 impacts on real property in the area and such flooding is
6 substantially caused by one or more improvements in or in
7 proximity to the area which improvements have been in
8 existence for at least 5 years, or (6) the area consists of
9 an unused disposal site, containing earth, stone, building
10 debris or similar material, which were removed from
11 construction, demolition, excavation or dredge sites, or (7)
12 the area is not less than 50 nor more than 100 acres and 75%
13 of which is vacant, notwithstanding the fact that such area
14 has been used for commercial agricultural purposes within 5
15 years prior to the designation of the redevelopment project
16 area, and which area meets at least one of the factors
17 itemized in provision (1) of this subsection (a), and the
18 area has been designated as a town or village center by
19 ordinance or comprehensive plan adopted prior to January 1,
20 1982, and the area has not been developed for that designated
21 purpose.
22 (b) "Conservation area" means any improved area within
23 the boundaries of a redevelopment project area located within
24 the territorial limits of the municipality in which 50% or
25 more of the structures in the area have an age of 35 years or
26 more. Such an area is not yet a blighted area but because
27 of a combination of 3 or more of the following factors, each
28 of which shall be (i) present, with such presence documented,
29 to a meaningful extent so that a municipality may reasonably
30 find that the factor is clearly present within the intent of
31 the Act and (ii) reasonably distributed throughout the
32 redevelopment project area, : dilapidation; obsolescence;
33 deterioration; illegal use of individual structures; presence
34 of structures below minimum code standards; abandonment;
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1 excessive vacancies; overcrowding of structures and community
2 facilities; lack of ventilation, light or sanitary
3 facilities; inadequate utilities; excessive land coverage;
4 deleterious land use or layout; depreciation of physical
5 maintenance; lack of community planning, is detrimental to
6 the public safety, health, morals or welfare and such an area
7 may become a blighted area.
8 (1) Age. Structures that have an age of 35 years
9 or more and that exhibit problems or limiting conditions
10 resulting from normal and continuous use of the
11 structures and exposure to the elements that make these
12 buildings unsuited for continued use. In cases involving
13 industrial or commercial structures, age may be
14 considered a factor if the structures are less than 35
15 years old if a reasonable justification can be presented.
16 (2) Dilapidation. An advanced state of disrepair
17 or neglect of necessary repairs to the primary structural
18 components of buildings or improvements in such a
19 combination that a documented building condition analysis
20 determines that major repair is required or the defects
21 are so serious and so extensive that the buildings must
22 be removed.
23 (3) Obsolescence. The condition or process of
24 falling into disuse.
25 (4) Deterioration. With respect to buildings,
26 defects including, but not limited to, major defects in
27 the secondary building components such as doors, windows,
28 porches, gutters and downspouts, and fascia. With
29 respect to surface improvements, that the condition of
30 roadways, alleys, curbs, gutters, sidewalks, off-street
31 parking, and surface storage areas evidence
32 deterioration, including, but not limited to, surface
33 cracking, crumbling, potholes, depressions, loose paving
34 material, and weeds protruding through paved surfaces.
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1 (5) Presence of structures below minimum code
2 standards. All structures that do not meet the standards
3 of zoning, subdivision, building, fire, and other
4 governmental codes applicable to property, but not
5 including housing and property maintenance codes.
6 (6) Illegal use of individual structures. The use
7 of structures in violation of applicable federal, State,
8 or local laws, exclusive of those applicable to the
9 presence of structures below minimum code standards.
10 (7) Excessive vacancies. Excessive vacancies means
11 the presence of buildings that are unoccupied or
12 underutilized and that represent an adverse influence on
13 the area because of the frequency, extent, or duration of
14 such vacancies.
15 (8) Lack of ventilation, light, or sanitary
16 facilities. The absence of adequate ventilation for
17 light or air circulation in spaces or rooms without
18 windows, or that require the removal of dust, odor, gas,
19 smoke, or other noxious air-borne materials. Inadequate
20 natural light and ventilation means the absence of
21 skylights or windows for interior spaces or rooms and
22 improper window sizes and amounts by room area to window
23 area ratios. Inadequate sanitary facilities refers to
24 the absence of garbage storage and enclosure, bathroom
25 facilities, hot water and kitchens, and structural
26 inadequacies preventing ingress and egress to and from
27 all rooms and units within a building.
28 (9) Inadequate utilities. Underground and overhead
29 utilities such as storm sewers and storm drainage, water
30 lines, and gas, telephone, and electrical services that
31 are shown to be inadequate. Inadequate utilities are
32 those that are: (i) of insufficient capacity to serve the
33 uses in the redevelopment project area or surrounding
34 areas, (ii) are deteriorated, antiquated, obsolete, or in
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1 disrepair, or (iii) are lacking within the redevelopment
2 project area and surrounding areas.
3 (10) Excessive land coverage and overcrowding of
4 structures and community facilities. The over-intensive
5 use of property and the crowding of buildings and
6 accessory facilities onto a site. Examples of problem
7 conditions warranting the designation of an area as one
8 exhibiting excessive land coverage are: the presence of
9 buildings either improperly situated on parcels or
10 located on parcels of inadequate size and shape in
11 relation to present-day standards of development for
12 health and safety and the presence of multiple buildings
13 on a single parcel. In order for there to be a finding
14 of excessive land coverage, these parcels must exhibit
15 one or more of the following conditions: insufficient
16 provision for light and air within or around buildings,
17 increased threat of spread of fire due to the close
18 proximity of buildings, lack of adequate or proper access
19 to a public right-of-way, lack of reasonably required
20 off-street parking or inadequate provision for loading
21 and service.
22 (11) Deleterious land use or layout. The existence
23 of incompatible land-use relationships, buildings
24 occupied by inappropriate mixed-uses, or uses considered
25 to be noxious, offensive, or environmentally unsuitable
26 for the surrounding area.
27 (12) Depreciation of physical maintenance. The
28 effects of deferred maintenance and the lack of
29 maintenance to buildings, improvements, and grounds not
30 customarily corrected as part of a normal maintenance.
31 Examples of the presence of this factor include: (1) with
32 respect to buildings, unpainted or unfinished exterior
33 surfaces; peeling paint; loose or missing materials;
34 sagging or bowing walls, floors, roof, and porches;
-12- LRB9011574KDks
1 cracks; broken windows; loose gutters and downspouts;
2 loose or missing shingles; and damaged building areas
3 that remain in disrepair for a significant period; (2)
4 with respect to grounds, broken sidewalks; lack of
5 vegetation; lack of paving and dust control; potholes;
6 standing water; fences in disrepair; and lack of mowing
7 or pruning vegetation; and (3) with respect to streets,
8 alleys, and parking areas, potholes; broken-up or
9 crumbling surfaces; broken curbs or gutters; areas of
10 loose or missing materials; and standing water.
11 (13) Lack of community planning. The proposed
12 redevelopment plan area was developed prior to or without
13 the benefit or guidance of a community plan. This means
14 that the development occurred prior to the adoption by
15 the municipality of a comprehensive or other community
16 plan or that such plan was not followed at the time of
17 the area's development. This factor must be documented
18 by evidence of adverse or incompatible land-use
19 relationships, inadequate street layout, improper
20 subdivision, parcels of inadequate shape and size to meet
21 contemporary development standards or other evidence
22 demonstrating an absence of effective community planning.
23 (c) (Blank). "Industrial park" means an area in a
24 blighted or conservation area suitable for use by any
25 manufacturing, industrial, research or transportation
26 enterprise, of facilities to include but not be limited to
27 factories, mills, processing plants, assembly plants, packing
28 plants, fabricating plants, industrial distribution centers,
29 warehouses, repair overhaul or service facilities, freight
30 terminals, research facilities, test facilities or railroad
31 facilities.
32 (d) "Industrial park conservation area" means an area
33 within the boundaries of a redevelopment project area located
34 within the territorial limits of a municipality that is a
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1 labor surplus municipality or within 1 1/2 miles of the
2 territorial limits of a municipality that is a labor surplus
3 municipality if the area is annexed to the municipality;
4 which area is zoned as industrial prior to no later than at
5 the time the municipality by ordinance designates the
6 redevelopment project area, and which area includes both is
7 contiguous to vacant land suitable for use as an industrial
8 park and a blighted area or conservation area and includes
9 vacant land suitable for use by any manufacturing,
10 industrial, research, or transportation enterprise, of
11 facilities to include but not be limited to factories, mills,
12 processing plants, assembly plants, packing plants,
13 fabricating plants, industrial distribution centers,
14 warehouses, repair overhaul or service facilities, freight
15 terminals, research facilities, test facilities, or railroad
16 facilities. contiguous to such vacant land.
17 (e) "Labor surplus municipality" means a municipality in
18 which, at any time during the 6 months before the
19 municipality by ordinance designates an industrial park
20 conservation area, the unemployment rate was over 6% and was
21 also 100% or more of the national average unemployment rate
22 for that same time as published in the United States
23 Department of Labor Bureau of Labor Statistics publication
24 entitled "The Employment Situation" or its successor
25 publication. For the purpose of this subsection, if
26 unemployment rate statistics for the municipality are not
27 available, the unemployment rate in the municipality shall be
28 deemed to be the same as the unemployment rate in the
29 principal county in which the municipality is located.
30 (f) "Municipality" shall mean a city, village or
31 incorporated town.
32 (g) "Initial Sales Tax Amounts" means the amount of
33 taxes paid under the Retailers' Occupation Tax Act, Use Tax
34 Act, Service Use Tax Act, the Service Occupation Tax Act, the
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1 Municipal Retailers' Occupation Tax Act, and the Municipal
2 Service Occupation Tax Act by retailers and servicemen on
3 transactions at places located in a State Sales Tax Boundary
4 during the calendar year 1985.
5 (g-1) "Revised Initial Sales Tax Amounts" means the
6 amount of taxes paid under the Retailers' Occupation Tax Act,
7 Use Tax Act, Service Use Tax Act, the Service Occupation Tax
8 Act, the Municipal Retailers' Occupation Tax Act, and the
9 Municipal Service Occupation Tax Act by retailers and
10 servicemen on transactions at places located within the State
11 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9)
12 of this Act.
13 (h) "Municipal Sales Tax Increment" means an amount
14 equal to the increase in the aggregate amount of taxes paid
15 to a municipality from the Local Government Tax Fund arising
16 from sales by retailers and servicemen within the
17 redevelopment project area or State Sales Tax Boundary, as
18 the case may be, for as long as the redevelopment project
19 area or State Sales Tax Boundary, as the case may be, exist
20 over and above the aggregate amount of taxes as certified by
21 the Illinois Department of Revenue and paid under the
22 Municipal Retailers' Occupation Tax Act and the Municipal
23 Service Occupation Tax Act by retailers and servicemen, on
24 transactions at places of business located in the
25 redevelopment project area or State Sales Tax Boundary, as
26 the case may be, during the base year which shall be the
27 calendar year immediately prior to the year in which the
28 municipality adopted tax increment allocation financing. For
29 purposes of computing the aggregate amount of such taxes for
30 base years occurring prior to 1985, the Department of Revenue
31 shall determine the Initial Sales Tax Amounts for such taxes
32 and deduct therefrom an amount equal to 4% of the aggregate
33 amount of taxes per year for each year the base year is prior
34 to 1985, but not to exceed a total deduction of 12%. The
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1 amount so determined shall be known as the "Adjusted Initial
2 Sales Tax Amounts". For purposes of determining the
3 Municipal Sales Tax Increment, the Department of Revenue
4 shall for each period subtract from the amount paid to the
5 municipality from the Local Government Tax Fund arising from
6 sales by retailers and servicemen on transactions located in
7 the redevelopment project area or the State Sales Tax
8 Boundary, as the case may be, the certified Initial Sales Tax
9 Amounts, the Adjusted Initial Sales Tax Amounts or the
10 Revised Initial Sales Tax Amounts for the Municipal
11 Retailers' Occupation Tax Act and the Municipal Service
12 Occupation Tax Act. For the State Fiscal Year 1989, this
13 calculation shall be made by utilizing the calendar year 1987
14 to determine the tax amounts received. For the State Fiscal
15 Year 1990, this calculation shall be made by utilizing the
16 period from January 1, 1988, until September 30, 1988, to
17 determine the tax amounts received from retailers and
18 servicemen pursuant to the Municipal Retailers' Occupation
19 Tax and the Municipal Service Occupation Tax Act, which shall
20 have deducted therefrom nine-twelfths of the certified
21 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax
22 Amounts or the Revised Initial Sales Tax Amounts as
23 appropriate. For the State Fiscal Year 1991, this calculation
24 shall be made by utilizing the period from October 1, 1988,
25 to June 30, 1989, to determine the tax amounts received from
26 retailers and servicemen pursuant to the Municipal Retailers'
27 Occupation Tax and the Municipal Service Occupation Tax Act
28 which shall have deducted therefrom nine-twelfths of the
29 certified Initial Sales Tax Amounts, Adjusted Initial Sales
30 Tax Amounts or the Revised Initial Sales Tax Amounts as
31 appropriate. For every State Fiscal Year thereafter, the
32 applicable period shall be the 12 months beginning July 1 and
33 ending June 30 to determine the tax amounts received which
34 shall have deducted therefrom the certified Initial Sales Tax
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1 Amounts, the Adjusted Initial Sales Tax Amounts or the
2 Revised Initial Sales Tax Amounts, as the case may be.
3 (i) "Net State Sales Tax Increment" means the sum of the
4 following: (a) 80% of the first $100,000 of State Sales Tax
5 Increment annually generated within a State Sales Tax
6 Boundary; (b) 60% of the amount in excess of $100,000 but not
7 exceeding $500,000 of State Sales Tax Increment annually
8 generated within a State Sales Tax Boundary; and (c) 40% of
9 all amounts in excess of $500,000 of State Sales Tax
10 Increment annually generated within a State Sales Tax
11 Boundary. If, however, a municipality established a tax
12 increment financing district in a county with a population in
13 excess of 3,000,000 before January 1, 1986, and the
14 municipality entered into a contract or issued bonds after
15 January 1, 1986, but before December 31, 1986, to finance
16 redevelopment project costs within a State Sales Tax
17 Boundary, then the Net State Sales Tax Increment means, for
18 the fiscal years beginning July 1, 1990, and July 1, 1991,
19 100% of the State Sales Tax Increment annually generated
20 within a State Sales Tax Boundary; and notwithstanding any
21 other provision of this Act, for those fiscal years the
22 Department of Revenue shall distribute to those
23 municipalities 100% of their Net State Sales Tax Increment
24 before any distribution to any other municipality and
25 regardless of whether or not those other municipalities will
26 receive 100% of their Net State Sales Tax Increment. For
27 Fiscal Year 1999, and every year thereafter until the year
28 2007, for any municipality that has not entered into a
29 contract or has not issued bonds prior to June 1, 1988 to
30 finance redevelopment project costs within a State Sales Tax
31 Boundary, the Net State Sales Tax Increment shall be
32 calculated as follows: By multiplying the Net State Sales Tax
33 Increment by 90% in the State Fiscal Year 1999; 80% in the
34 State Fiscal Year 2000; 70% in the State Fiscal Year 2001;
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1 60% in the State Fiscal Year 2002; 50% in the State Fiscal
2 Year 2003; 40% in the State Fiscal Year 2004; 30% in the
3 State Fiscal Year 2005; 20% in the State Fiscal Year 2006;
4 and 10% in the State Fiscal Year 2007. No payment shall be
5 made for State Fiscal Year 2008 and thereafter.
6 Municipalities that issued bonds in connection with a
7 redevelopment project in a redevelopment project area within
8 the State Sales Tax Boundary prior to July 29, 1991, shall
9 continue to receive their proportional share of the Illinois
10 Tax Increment Fund distribution until the date on which the
11 redevelopment project is completed or terminated, or the date
12 on which the bonds are retired, whichever date occurs first.
13 Refunding of any bonds issued prior to July 29, 1991, shall
14 not alter the Net State Sales Tax Increment.
15 (j) "State Utility Tax Increment Amount" means an amount
16 equal to the aggregate increase in State electric and gas tax
17 charges imposed on owners and tenants, other than residential
18 customers, of properties located within the redevelopment
19 project area under Section 9-222 of the Public Utilities Act,
20 over and above the aggregate of such charges as certified by
21 the Department of Revenue and paid by owners and tenants,
22 other than residential customers, of properties within the
23 redevelopment project area during the base year, which shall
24 be the calendar year immediately prior to the year of the
25 adoption of the ordinance authorizing tax increment
26 allocation financing.
27 (k) "Net State Utility Tax Increment" means the sum of
28 the following: (a) 80% of the first $100,000 of State Utility
29 Tax Increment annually generated by a redevelopment project
30 area; (b) 60% of the amount in excess of $100,000 but not
31 exceeding $500,000 of the State Utility Tax Increment
32 annually generated by a redevelopment project area; and (c)
33 40% of all amounts in excess of $500,000 of State Utility Tax
34 Increment annually generated by a redevelopment project area.
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1 For the State Fiscal Year 1999, and every year thereafter
2 until the year 2007, for any municipality that has not
3 entered into a contract or has not issued bonds prior to June
4 1, 1988 to finance redevelopment project costs within a
5 redevelopment project area, the Net State Utility Tax
6 Increment shall be calculated as follows: By multiplying the
7 Net State Utility Tax Increment by 90% in the State Fiscal
8 Year 1999; 80% in the State Fiscal Year 2000; 70% in the
9 State Fiscal Year 2001; 60% in the State Fiscal Year 2002;
10 50% in the State Fiscal Year 2003; 40% in the State Fiscal
11 Year 2004; 30% in the State Fiscal Year 2005; 20% in the
12 State Fiscal Year 2006; and 10% in the State Fiscal Year
13 2007. No payment shall be made for the State Fiscal Year 2008
14 and thereafter.
15 Municipalities that issue bonds in connection with the
16 redevelopment project during the period from June 1, 1988
17 until 3 years after the effective date of this Amendatory Act
18 of 1988 shall receive the Net State Utility Tax Increment,
19 subject to appropriation, for 15 State Fiscal Years after the
20 issuance of such bonds. For the 16th through the 20th State
21 Fiscal Years after issuance of the bonds, the Net State
22 Utility Tax Increment shall be calculated as follows: By
23 multiplying the Net State Utility Tax Increment by 90% in
24 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and
25 50% in year 20. Refunding of any bonds issued prior to June
26 1, 1988, shall not alter the revised Net State Utility Tax
27 Increment payments set forth above.
28 (l) "Obligations" mean bonds, loans, debentures, notes,
29 special certificates or other evidence of indebtedness issued
30 by the municipality to carry out a redevelopment project or
31 to refund outstanding obligations.
32 (m) "Payment in lieu of taxes" means those estimated tax
33 revenues from real property in a redevelopment project area
34 acquired by a municipality which according to the
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1 redevelopment project or plan is to be used for a private use
2 which taxing districts would have received had a municipality
3 not adopted tax increment allocation financing and which
4 would result from levies made after the time of the adoption
5 of tax increment allocation financing to the time the current
6 equalized value of real property in the redevelopment project
7 area exceeds the total initial equalized value of real
8 property in said area.
9 (n) "Redevelopment plan" means the comprehensive program
10 of the municipality for development or redevelopment intended
11 by the payment of redevelopment project costs to reduce or
12 eliminate those conditions the existence of which qualified
13 the redevelopment project area as a "blighted area" or
14 "conservation area" or combination thereof or "industrial
15 park conservation area," and thereby to enhance the tax bases
16 of the taxing districts which extend into the redevelopment
17 project area. A redevelopment plan adopted after the
18 effective date of this amendatory Act of 1998 shall not
19 contain provisions for the development of a golf course. Each
20 redevelopment plan shall set forth in writing the program to
21 be undertaken to accomplish the objectives and shall include
22 but not be limited to:
23 (A) estimated redevelopment project costs;
24 (B) evidence indicating that the redevelopment
25 project area on the whole has not been subject to growth
26 and development through investment by private enterprise;
27 (C) an assessment of any financial impact of the
28 redevelopment project area on or any increased demand for
29 services from any taxing district affected by the plan
30 and any program to address such financial impact or
31 increased demand;
32 (D) the sources of funds to pay costs;
33 (E) the nature and term of the obligations to be
34 issued;
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1 (F) the most recent equalized assessed valuation of
2 the redevelopment project area;
3 (G) an estimate as to the equalized assessed
4 valuation after redevelopment and the general land uses
5 to apply in the redevelopment project area;
6 (H) a commitment to fair employment practices and
7 an affirmative action plan;
8 (I) if it concerns an industrial park conservation
9 area, the plan shall also include a general description
10 of any proposed developer, user and tenant of any
11 property, a description of the type, structure and
12 general character of the facilities to be developed, a
13 description of the type, class and number of new
14 employees to be employed in the operation of the
15 facilities to be developed; and
16 (J) if property is to be annexed to the
17 municipality, the plan shall include the terms of the
18 annexation agreement.
19 The provisions of items (B) and (C) of this subsection
20 (n) shall not apply to a municipality that before March 14,
21 1994 (the effective date of Public Act 88-537) had fixed,
22 either by its corporate authorities or by a commission
23 designated under subsection (k) of Section 11-74.4-4, a time
24 and place for a public hearing as required by subsection (a)
25 of Section 11-74.4-5. No redevelopment plan shall be adopted
26 unless a municipality complies with all of the following
27 requirements:
28 (1) The municipality finds that the redevelopment
29 project area on the whole has not been subject to growth
30 and development through investment by private enterprise
31 and would not reasonably be anticipated to be developed
32 without the adoption of the redevelopment plan.
33 (2) The municipality finds that the redevelopment
34 plan and project conform to the comprehensive plan for
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1 the development of the municipality as a whole, or, for
2 municipalities with a population of 100,000 or more,
3 regardless of when the redevelopment plan and project was
4 adopted, the redevelopment plan and project either: (i)
5 conforms to the strategic economic development or
6 redevelopment plan issued by the designated planning
7 authority of the municipality, or (ii) includes land uses
8 that have been approved by the planning commission of the
9 municipality.
10 (3) The redevelopment plan establishes the
11 estimated dates of completion of the redevelopment
12 project and retirement of obligations issued to finance
13 redevelopment project costs. Those dates shall not be
14 more than 23 years from the adoption of the ordinance
15 approving the redevelopment project area if the ordinance
16 was adopted on or after January 15, 1981, and not more
17 than 35 years if the ordinance was adopted before January
18 15, 1981, or if the ordinance was adopted in April 1984
19 or July 1985, or if the ordinance was adopted in December
20 1987 and the redevelopment project is located within one
21 mile of Midway Airport, or if the municipality is subject
22 to the Local Government Financial Planning and
23 Supervision Act. However, for redevelopment project
24 areas for which bonds were issued before July 29, 1991,
25 in connection with a redevelopment project in the area
26 within the State Sales Tax Boundary, the estimated dates
27 of completion of the redevelopment project and retirement
28 of obligations to finance redevelopment project costs may
29 be extended by municipal ordinance to December 31, 2013.
30 The extension allowed by this amendatory Act of 1993
31 shall not apply to real property tax increment allocation
32 financing under Section 11-74.4-8.
33 Those dates, for purposes of real property tax
34 increment allocation financing pursuant to Section
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1 11-74.4-8 only, shall be not more than 35 years for
2 redevelopment project areas that were adopted on or after
3 December 16, 1986 and for which at least $8 million worth
4 of municipal bonds were authorized on or after December
5 19, 1989 but before January 1, 1990; provided that the
6 municipality elects to extend the life of the
7 redevelopment project area to 35 years by the adoption of
8 an ordinance after at least 14 but not more than 30 days'
9 written notice to the taxing bodies, that would otherwise
10 constitute the joint review board for the redevelopment
11 project area, before the adoption of the ordinance.
12 Those dates, for purposes of real property tax
13 increment allocation financing pursuant to Section
14 11-74.4-8 only, shall be not more than 35 years for
15 redevelopment project areas that were established on or
16 after December 1, 1981 but before January 1, 1982 and for
17 which at least $1,500,000 worth of tax increment revenue
18 bonds were authorized on or after September 30, 1990 but
19 before July 1, 1991; provided that the municipality
20 elects to extend the life of the redevelopment project
21 area to 35 years by the adoption of an ordinance after at
22 least 14 but not more than 30 days' written notice to the
23 taxing bodies, that would otherwise constitute the joint
24 review board for the redevelopment project area, before
25 the adoption of the ordinance.
26 (4) The municipality finds, in the case of an
27 industrial park conservation area, also that the
28 municipality is a labor surplus municipality and that the
29 implementation of the redevelopment plan will reduce
30 unemployment, create new jobs and by the provision of new
31 facilities enhance the tax base of the taxing districts
32 that extend into the redevelopment project area.
33 (5) If any incremental revenues are being utilized
34 under Section 8(a)(1) or 8(a)(2) of this Act in
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1 redevelopment project areas approved by ordinance after
2 January 1, 1986, the municipality finds: (a) that the
3 redevelopment project area would not reasonably be
4 developed without the use of such incremental revenues,
5 and (b) that such incremental revenues will be
6 exclusively utilized for the development of the
7 redevelopment project area.
8 (6) If the redevelopment project area includes 75
9 or more inhabited residential units or provides for the
10 removal of 10 or more inhabited residential units, then
11 the municipality shall prepare as part of the separate
12 feasibility report required by subsection (a) of Section
13 11-74.4-5, a housing impact study.
14 Part I of the housing impact study shall include (i)
15 data as to whether the residential units are single
16 family or multi-family units, (ii) the number and type of
17 rooms within the units, if that information is available,
18 (iii) whether the units are inhabited or uninhabited,
19 which determination shall be made not more than 60 days
20 before the date that the ordinance or resolution required
21 by subsection (a) of Section 11-74.4-5 is passed, and
22 (iv) data as to the racial and ethnic composition of the
23 residents in the inhabited residential units. The data
24 requirement as to the racial and ethnic composition of
25 the residents in the inhabited residential units shall be
26 deemed to be fully satisfied by data from the most recent
27 federal census.
28 Part II of the housing impact study shall identify
29 the inhabited residential units in the proposed
30 redevelopment project area that are to be or may be
31 removed. If inhabited residential units are to be
32 removed, then the housing impact study shall identify (i)
33 the number and location of those units that will or may
34 be removed, (ii) the municipality's plans for relocation
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1 assistance for those residents in the proposed
2 redevelopment project area whose residences are to be
3 removed, (iii) the availability of replacement housing
4 for those residents whose residences are to be removed,
5 and shall identify the type, location, and cost of the
6 housing, and (iv) the type and extent of relocation
7 assistance to be provided.
8 (7) The housing impact study required by paragraph
9 (6) shall be incorporated in the redevelopment plan and
10 project for the redevelopment project area.
11 (8) No redevelopment plan and project shall be
12 adopted, nor an existing plan amended, nor shall
13 residential housing that is occupied by households of
14 low-income and very low-income persons in currently
15 existing tax increment redevelopment project areas be
16 removed after the effective date of this amendatory Act
17 of 1998 unless the redevelopment plan and project
18 provides, with respect to inhabited housing units that
19 are to be removed for households of low-income and very
20 low-income persons, affordable housing and relocation
21 assistance not less than that which would be provided
22 under the federal Uniform Relocation Assistance and Real
23 Property Acquisition Policies Act of 1970 and the
24 regulations thereunder, including the eligibility
25 criteria included therein. Affordable housing may be
26 either existing or newly-constructed housing. For
27 purposes of this paragraph (8), "low-income households",
28 "very low-income households", and "affordable housing"
29 shall have the meanings set forth in the Illinois
30 Affordable Housing Act. The municipality shall make a
31 good faith effort to ensure that this affordable housing
32 is located in or near the redevelopment project area
33 within the municipality.
34 (9) If, after the adoption of the redevelopment
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1 plan and project for the redevelopment project area, any
2 municipality desires to amend its redevelopment plan or
3 project to remove more inhabited residential units than
4 specified in its original redevelopment plan and project,
5 such increase in the number of units to be removed shall
6 be deemed to be a change in the nature of the
7 redevelopment project as to require compliance with the
8 procedures in this Act pertaining to the initial approval
9 of a redevelopment plan or project.
10 (o) "Redevelopment project" means any public and private
11 development project in furtherance of the objectives of a
12 redevelopment plan. A "redevelopment project" does not
13 include any project containing a plan to develop a golf
14 course, unless the project was in a plan adopted before the
15 effective date of this amendatory Act of 1998 and
16 construction has begun on the project.
17 (p) "Redevelopment project area" means an area
18 designated by the municipality, which is not less in the
19 aggregate than 1 1/2 acres and in respect to which the
20 municipality has made a finding that there exist conditions
21 which cause the area to be classified as an industrial park
22 conservation area or a blighted area or a conservation area,
23 or a combination of both blighted areas and conservation
24 areas.
25 (q) "Redevelopment project costs" mean and include the
26 sum total of all reasonable or necessary costs incurred or
27 estimated to be incurred, and any such costs incidental to a
28 redevelopment plan and a redevelopment project. Such costs
29 include, without limitation, the following:
30 (1) Costs of studies, surveys, development of
31 plans, and specifications, implementation and
32 administration of the redevelopment plan including but
33 not limited to staff and professional service costs for
34 architectural, engineering, legal, marketing, financial,
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1 planning or other services, provided however that no
2 charges for professional services may be based on a
3 percentage of the tax increment collected; no contracts
4 for professional services, excluding architectural and
5 engineering services, may be entered into if the terms of
6 the contract extend beyond a period of 3 years. After
7 consultation with the municipality each tax increment
8 consultant or advisor to a municipality that plans to
9 establish or has established a redevelopment project area
10 shall inform the municipality in writing of any contracts
11 that the consultant or advisor has entered into with
12 entities or individuals that have or are receiving
13 payments financed by tax increment revenues produced by
14 the redevelopment project area with respect to which the
15 consultant or advisor has or will be performing service
16 for the municipality. This requirement shall be
17 satisfied by the consultant or advisor prior to the
18 commencement of such services for the municipality and
19 thereafter whenever any other contracts with such
20 individuals or entities are executed by the consultant or
21 advisor;
22 (1.5) After July 1, 1999, annual administrative
23 costs that are certified to in the municipality's audit
24 of the special tax allocation fund as costs related to
25 the on-going administration of the tax increment
26 financing district, including but not limited to trustee
27 fees, bond counsel fees, consulting fees, and auditing
28 fees, but not including general overhead or
29 administrative costs of the municipality not related to
30 the administration of the redevelopment project area
31 except that municipalities subject to the provisions of
32 subsection (d-1) of Section 11-74.4-5 shall satisfy this
33 requirement by budgeting such costs;
34 (2) Property assembly costs, including but not
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1 limited to acquisition of land and other property, real
2 or personal, or rights or interests therein, demolition
3 of buildings, and the clearing and grading of land;
4 (3) Costs of rehabilitation, reconstruction or
5 repair or remodeling of existing public or private
6 buildings and fixtures; and the cost of replacing an
7 existing public building if pursuant to the
8 implementation of a redevelopment project the existing
9 public building is to be demolished or devoted to a
10 different use;
11 (4) Costs of the construction of public works or
12 improvements, except that redevelopment project costs
13 shall not include the cost of constructing a new
14 municipal public building which is intended to be used
15 only for the purpose of providing office or storage space
16 either for administrative personnel of the municipality
17 or in connection with public safety or public works
18 services provided by the municipality and which is not
19 intended to replace an existing public building as
20 provided under paragraph (3) of subsection (q) of Section
21 11-74.4-3 unless either (i) the construction of the new
22 building implements a redevelopment project that was
23 initiated as defined below prior to the effective date of
24 this amendatory Act of 1998 or (ii) the municipality
25 makes a reasonable determination in the redevelopment
26 plan, supported by information that provides the basis
27 for that determination, that the additional office or
28 storage space is required to meet an increase in the need
29 for public safety services or public works services that
30 is anticipated to result from the implementation of the
31 redevelopment plan. For purposes of this Section, a
32 redevelopment project shall be considered to be initiated
33 if a municipality has adopted an ordinance or resolution
34 establishing the time and place for the public hearing on
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1 the redevelopment project or an amendment to a
2 redevelopment project as provided in subsection (a) of
3 Section 11-74.4-5;
4 (5) Costs of job training and retraining projects;
5 (6) Financing costs, including but not limited to
6 all necessary and incidental expenses related to the
7 issuance of obligations and which may include payment of
8 interest on any obligations issued hereunder accruing
9 during the estimated period of construction of any
10 redevelopment project for which such obligations are
11 issued and for not exceeding 36 months thereafter and
12 including reasonable reserves related thereto;
13 (7) All or a portion of a taxing district's capital
14 costs resulting from the redevelopment project
15 necessarily incurred or to be incurred in furtherance of
16 the objectives of the redevelopment plan and project, to
17 the extent the municipality by written agreement accepts
18 and approves such costs;
19 (8) Relocation costs to the extent that a
20 municipality determines that relocation costs shall be
21 paid or is required to make payment of relocation costs
22 by federal or State law or in order to satisfy
23 subparagraph (7) of subsection (n);
24 (9) Payment in lieu of taxes;
25 (10) Costs of job training, advanced vocational
26 education or career education, including but not limited
27 to courses in occupational, semi-technical or technical
28 fields leading directly to employment, incurred by one or
29 more taxing districts, provided that such costs (i) are
30 related to the establishment and maintenance of
31 additional job training, advanced vocational education or
32 career education programs for persons employed or to be
33 employed by employers located in a redevelopment project
34 area; and (ii) when incurred by a taxing district or
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1 taxing districts other than the municipality, are set
2 forth in a written agreement by or among the municipality
3 and the taxing district or taxing districts, which
4 agreement describes the program to be undertaken,
5 including but not limited to the number of employees to
6 be trained, a description of the training and services to
7 be provided, the number and type of positions available
8 or to be available, itemized costs of the program and
9 sources of funds to pay for the same, and the term of the
10 agreement. Such costs include, specifically, the payment
11 by community college districts of costs pursuant to
12 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
13 Community College Act and by school districts of costs
14 pursuant to Sections 10-22.20a and 10-23.3a of The School
15 Code;
16 (11) Interest cost incurred by a redeveloper
17 related to the construction, renovation or rehabilitation
18 of a redevelopment project provided that:
19 (A) such costs are to be paid directly from
20 the special tax allocation fund established pursuant
21 to this Act; and
22 (B) such payments in any one year may not
23 exceed 30% of the annual interest costs incurred by
24 the redeveloper with regard to the redevelopment
25 project during that year;
26 (C) if there are not sufficient funds
27 available in the special tax allocation fund to make
28 the payment pursuant to this paragraph (11) then the
29 amounts so due shall accrue and be payable when
30 sufficient funds are available in the special tax
31 allocation fund; and
32 (D) the total of such interest payments paid
33 pursuant to this Act may not exceed 30% of the total
34 (i) cost paid or incurred by the redeveloper for the
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1 redevelopment project plus (ii) redevelopment
2 project costs excluding any property assembly costs
3 and any relocation costs incurred by a municipality
4 pursuant to this Act; .
5 (E) the limits set forth in subparagraphs (B)
6 and (D) of paragraph (11) shall be modified for the
7 financing of rehabilitated or new housing units for
8 low-income household and very low-income household,
9 as defined in Section 3 of the Illinois Affordable
10 Housing Act. The percentage of 75% shall be
11 substituted for 30% in subparagraphs (B) and (D) of
12 paragraph (11).
13 In lieu of the benefits provided by
14 subparagraphs (B) and (D) of paragraph (11), as
15 modified by this subparagraph, and notwithstanding
16 any other provisions of this Act to the contrary,
17 the municipality may pay from tax increment revenues
18 up to 50% of the cost of construction of new housing
19 units to be occupied by low-income household and
20 very low-income household as defined in Section 3 of
21 the Illinois Affordable Housing Act. The cost of
22 construction of those units may be derived from the
23 proceeds of bonds issued by the municipality
24 pursuant to this Act or other constitutional or
25 statutory authority or from other sources of
26 municipal revenue that may be reimbursed from tax
27 increment revenues or the proceeds of bonds issued
28 to finance the construction of such housing.
29 The standards for maintaining the occupancy of
30 these units by low-income household and very
31 low-income household, as defined in Section 3 of the
32 Illinois Affordable Housing Act, shall be
33 established by guidelines adopted by the
34 municipality. The responsibility for annually
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1 documenting the continued occupancy of the units by
2 low-income household and very low-income household,
3 as defined in Section 3 of the Illinois Affordable
4 Housing Act, shall be the that of the then-current
5 owner of the property. The municipality may modify
6 these guidelines from time to time; however, the
7 guidelines shall be in effect for as long as tax
8 increment revenue is being used to pay for costs
9 associated with the units or for the retirement of
10 bonds issued to finance the units or for the life of
11 the redevelopment project area, whichever is later.
12 (12) Unless explicitly stated herein the cost of
13 construction of new privately-owned buildings shall not
14 be an eligible redevelopment project cost.
15 (13) After the effective date of this amendatory
16 Act of 1998, none of the redevelopment project costs
17 enumerated in this subsection shall be eligible
18 redevelopment project costs if those costs would provide
19 direct financial support to a retailer initiating retail
20 operations in the redevelopment project area while
21 terminating retail operations at another location within
22 10 miles of the redevelopment project area but outside
23 the boundaries of the redevelopment project area
24 municipality. For purposes of this paragraph,
25 termination means a closing of a retail operation that is
26 directly related to the opening of the same retail
27 operation in a redevelopment project area other than the
28 redevelopment project area in which the retailer was
29 originally located, but it does not mean closing a retail
30 operation for reasons beyond the control of the retailer
31 as determined by the municipality.
32 (14) Redevelopment project costs shall not include
33 payments to any other taxing body under any
34 intergovernmental revenue-sharing agreement except where
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1 such payments are used exclusively for payment of
2 eligible redevelopment project costs as defined in this
3 subsection.
4 If a special service area has been established pursuant
5 to the Special Service Area Tax Act, then any tax increment
6 revenues derived from the tax imposed pursuant to the Special
7 Service Area Tax Act may be used within the redevelopment
8 project area for the purposes permitted by that Act as well
9 as the purposes permitted by this Act.
10 (r) "State Sales Tax Boundary" means the redevelopment
11 project area or the amended redevelopment project area
12 boundaries which are determined pursuant to subsection (9) of
13 Section 11-74.4-8a of this Act. The Department of Revenue
14 shall certify pursuant to subsection (9) of Section
15 11-74.4-8a the appropriate boundaries eligible for the
16 determination of State Sales Tax Increment.
17 (s) "State Sales Tax Increment" means an amount equal to
18 the increase in the aggregate amount of taxes paid by
19 retailers and servicemen, other than retailers and servicemen
20 subject to the Public Utilities Act, on transactions at
21 places of business located within a State Sales Tax Boundary
22 pursuant to the Retailers' Occupation Tax Act, the Use Tax
23 Act, the Service Use Tax Act, and the Service Occupation Tax
24 Act, except such portion of such increase that is paid into
25 the State and Local Sales Tax Reform Fund, the Local
26 Government Distributive Fund, the Local Government Tax
27 Fund and the County and Mass Transit District Fund, for as
28 long as State participation exists, over and above the
29 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
30 or the Revised Initial Sales Tax Amounts for such taxes as
31 certified by the Department of Revenue and paid under those
32 Acts by retailers and servicemen on transactions at places of
33 business located within the State Sales Tax Boundary during
34 the base year which shall be the calendar year immediately
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1 prior to the year in which the municipality adopted tax
2 increment allocation financing, less 3.0% of such amounts
3 generated under the Retailers' Occupation Tax Act, Use Tax
4 Act and Service Use Tax Act and the Service Occupation Tax
5 Act, which sum shall be appropriated to the Department of
6 Revenue to cover its costs of administering and enforcing
7 this Section. For purposes of computing the aggregate amount
8 of such taxes for base years occurring prior to 1985, the
9 Department of Revenue shall compute the Initial Sales Tax
10 Amount for such taxes and deduct therefrom an amount equal to
11 4% of the aggregate amount of taxes per year for each year
12 the base year is prior to 1985, but not to exceed a total
13 deduction of 12%. The amount so determined shall be known as
14 the "Adjusted Initial Sales Tax Amount". For purposes of
15 determining the State Sales Tax Increment the Department of
16 Revenue shall for each period subtract from the tax amounts
17 received from retailers and servicemen on transactions
18 located in the State Sales Tax Boundary, the certified
19 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
20 or Revised Initial Sales Tax Amounts for the Retailers'
21 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act
22 and the Service Occupation Tax Act. For the State Fiscal
23 Year 1989 this calculation shall be made by utilizing the
24 calendar year 1987 to determine the tax amounts received. For
25 the State Fiscal Year 1990, this calculation shall be made by
26 utilizing the period from January 1, 1988, until September
27 30, 1988, to determine the tax amounts received from
28 retailers and servicemen, which shall have deducted therefrom
29 nine-twelfths of the certified Initial Sales Tax Amounts,
30 Adjusted Initial Sales Tax Amounts or the Revised Initial
31 Sales Tax Amounts as appropriate. For the State Fiscal Year
32 1991, this calculation shall be made by utilizing the period
33 from October 1, 1988, until June 30, 1989, to determine the
34 tax amounts received from retailers and servicemen, which
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1 shall have deducted therefrom nine-twelfths of the certified
2 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
3 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 on June 30, to determine the tax amounts received
7 which shall have deducted therefrom the certified Initial
8 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
9 Revised Initial Sales Tax Amounts. Municipalities intending
10 to receive a distribution of State Sales Tax Increment must
11 report a list of retailers to the Department of Revenue by
12 October 31, 1988 and by July 31, of each year thereafter.
13 (t) "Taxing districts" means counties, townships, cities
14 and incorporated towns and villages, school, road, park,
15 sanitary, mosquito abatement, forest preserve, public health,
16 fire protection, river conservancy, tuberculosis sanitarium
17 and any other municipal corporations or districts with the
18 power to levy taxes.
19 (u) "Taxing districts' capital costs" means those costs
20 of taxing districts for capital improvements that are found
21 by the municipal corporate authorities to be necessary and
22 directly result from the redevelopment project.
23 (v) As used in subsection (a) of Section 11-74.4-3 of
24 this Act, "vacant land" means any parcel or combination of
25 parcels of real property without industrial, commercial, and
26 residential buildings which has not been used for commercial
27 agricultural purposes within 5 years prior to the designation
28 of the redevelopment project area, unless the parcel is
29 included in an industrial park conservation area or the
30 parcel has been subdivided; provided that if the parcel was
31 part of a larger tract that has been divided into 3 or more
32 smaller tracts that were accepted for recording during the
33 period from 1950 to 1990, then the parcel shall be deemed to
34 have been subdivided, and all proceedings and actions of the
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1 municipality taken in that connection with respect to any
2 previously approved or designated redevelopment project area
3 or amended redevelopment project area are hereby validated
4 and hereby declared to be legally sufficient for all purposes
5 of this Act. For purposes of this Section, land is subdivided
6 when the original plat has been properly certified,
7 acknowledged, approved, and recorded or filed in accordance
8 with the Plat Act or the applicable ordinance of the
9 municipality.
10 (w) "Annual Total Increment" means the sum of each
11 municipality's annual Net Sales Tax Increment and each
12 municipality's annual Net Utility Tax Increment. The ratio
13 of the Annual Total Increment of each municipality to the
14 Annual Total Increment for all municipalities, as most
15 recently calculated by the Department, shall determine the
16 proportional shares of the Illinois Tax Increment Fund to be
17 distributed to each municipality.
18 (Source: P.A. 89-235, eff. 8-4-95; 89-705, eff. 1-31-97;
19 90-379, eff. 8-14-97.)
20 (65 ILCS 5/11-74.4-4.1)
21 Sec. 11-74.4-4.1. If a municipality by its corporate
22 authorities, or as it may determine by any commission
23 designated under subsection (k) of Section 11-74.4-4, adopts
24 an ordinance or resolution providing for a feasibility study
25 on the designation of an area as a redevelopment project
26 area, a copy of the ordinance or resolution shall immediately
27 be sent to all taxing districts that would be affected by the
28 designation.
29 The ordinance or resolution shall include:
30 (1) The boundaries of the area to be studied for
31 possible designation as a redevelopment project area.
32 (2) The purpose or purposes of the redevelopment
33 area.
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1 (3) A brief description of the tax increment
2 mechanism.
3 (4) The name, phone number, and address of the
4 municipal officer who can be contacted for additional
5 information about the proposed redevelopment project area
6 and who should receive all comments and suggestions
7 regarding the redevelopment of the area to be studied.
8 If a redevelopment project area includes 75 or more
9 inhabited residential units or if one of the planned purposes
10 of the redevelopment project area as set forth in the
11 redevelopment plan includes the removal of 10 or more
12 inhabited residential units, the municipality shall adopt a
13 resolution or ordinance providing for the feasibility report
14 referred to in subsection (a) of Section 11-74.4-5. The
15 report shall also require the preparation of the housing
16 impact study set forth in paragraph (6) of subsection (n) of
17 Section 11-74.4-3.
18 (Source: P.A. 88-537.)
19 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
20 Sec. 11-74.4-5. (a) Prior to the adoption of an
21 ordinance proposing the designation of a redevelopment
22 project area, or approving a redevelopment plan or
23 redevelopment project, the municipality by its corporate
24 authorities, or as it may determine by any commission
25 designated under subsection (k) of Section 11-74.4-4 shall
26 adopt an ordinance or resolution fixing a time and place for
27 public hearing. Prior to the adoption of the ordinance or
28 resolution establishing the time and place for the public
29 hearing, the municipality shall make available for public
30 inspection a redevelopment plan or a separate report that
31 provides in reasonable detail the basis for the redevelopment
32 project area qualifying as a blighted area, conservation
33 area, or an industrial park conservation area. The report
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1 along with the name of a person to contact for further
2 information shall be sent within a reasonable time after the
3 adoption of such ordinance or resolution to the affected
4 taxing districts by certified mail. For redevelopment project
5 areas that would require removal of 10 or more inhabited
6 residential units, the report, along with the name of a
7 municipal official to contact for further information, shall
8 be sent by certified mail within a reasonable time after the
9 adoption of the ordinance or resolution to all organizations
10 that have registered with the municipality for such
11 information within the 3 prior years. At the public hearing
12 any interested person or affected taxing district may file
13 with the municipal clerk written objections to and may be
14 heard orally in respect to any issues embodied in the notice.
15 The municipality shall hear and determine all protests and
16 objections at the hearing and the hearing may be adjourned to
17 another date without further notice other than a motion to be
18 entered upon the minutes fixing the time and place of the
19 subsequent hearing. Prior to the adoption of an ordinance
20 approving a redevelopment plan or redevelopment project, or
21 designating a redevelopment project area, changes may be made
22 in the redevelopment plan or project or area which changes do
23 not alter the exterior boundaries, or do not substantially
24 affect the general land uses established in the plan or
25 substantially change the nature of the redevelopment project,
26 without further hearing or notice, provided that notice of
27 such changes is given by mail to each affected taxing
28 district and by publication in a newspaper or newspapers of
29 general circulation within the taxing districts not less than
30 10 days prior to the adoption of the changes by ordinance.
31 After the adoption of an ordinance approving a redevelopment
32 plan or project or designating a redevelopment project area,
33 no ordinance shall be adopted altering the exterior
34 boundaries, affecting the general land uses established
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1 pursuant to the plan or changing the nature of the
2 redevelopment project without complying with the procedures
3 provided in this division pertaining to the initial approval
4 of a redevelopment plan project and designation of
5 redevelopment project area. Hearings with regard to a
6 redevelopment project area, project or plan may be held
7 simultaneously.
8 (b) After the effective date of this amendatory Act of
9 1989, prior to the adoption of an ordinance proposing the
10 designation of a redevelopment project area or amending the
11 boundaries of an existing redevelopment project area, the
12 municipality shall convene a joint review board to consider
13 the proposal. The board shall consist of a representative
14 selected by each community college district, local elementary
15 school district and high school district or each local
16 community unit school district, park district, library
17 district and county that has authority to directly levy taxes
18 on the property within the proposed redevelopment project
19 area, a representative selected by the municipality and a
20 public member. For redevelopment project areas that would
21 require removal of 10 or more inhabited residential units,
22 the public member shall be a person who resides in a very
23 low, low, or moderate income household, as defined in Section
24 3 of the Illinois Affordable Housing Act, that is located
25 within the redevelopment project area. The public member and
26 the board's chairperson shall be selected by a majority of
27 other board members. Municipalities that have designated
28 redevelopment project areas prior to the effective date of
29 this amendatory Act of 1989 shall may convene a joint review
30 board to perform the duties specified under paragraph (e) of
31 this Section.
32 All board members shall be appointed and the first board
33 meeting held within 14 days following the notice by the
34 municipality to all the taxing districts as required by
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1 Section 11-74.4-6c. Such notice shall also advise the taxing
2 bodies represented on the joint review board of the time and
3 place of the first meeting of the board. Additional meetings
4 of the board shall be held upon the call of any member. The
5 municipality seeking designation of the redevelopment project
6 area may provide administrative support to the board.
7 The board shall review (i) the public record, planning
8 documents and proposed ordinances approving the redevelopment
9 plan and project and (ii) any proposed changes to the
10 redevelopment plan and project to be adopted by the
11 municipality. As part of its deliberations, the board may
12 hold additional hearings on the proposal. A board's
13 recommendation shall be an advisory, non-binding
14 recommendation which recommendation shall be adopted by a
15 majority vote of the board members present and voting and
16 submitted to the municipality within 30 days after convening
17 of the board. Failure of the board to submit its report on a
18 timely basis shall not be cause to delay the public hearing
19 or any other step in the process of establishing or amending
20 the redevelopment project area.
21 The board shall base its recommendation to approve or
22 disapprove the designation of the redevelopment project area
23 decision to approve or deny the proposal on the basis of the
24 redevelopment project area and redevelopment plan satisfying
25 the objectives of this Act and the plan requirements, the
26 eligibility criteria defined in Section 11-74.4-3, and the
27 objectives of the Act. eligibility criteria defined in
28 Section 11-74.4-3.
29 The board shall issue a written report describing why the
30 redevelopment plan and project area meets or fails to meet
31 one or more of the objectives of this Act and both the plan
32 requirements and the eligibility criteria defined in Section
33 11-74.4-3. In the event the Board does not file a report it
34 shall be presumed that these taxing bodies find the
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1 redevelopment project area and redevelopment plan to satisfy
2 the objectives of this Act and the plan requirements and
3 eligibility criteria.
4 (c) After the adoption of an ordinance approving a
5 redevelopment plan or project or designating a redevelopment
6 project area, no ordinance shall be adopted altering the
7 exterior boundaries, affecting the general land uses
8 established pursuant to the plan or changing the nature of
9 the redevelopment project without complying with the
10 procedures provided in this division pertaining to the
11 initial approval of a redevelopment plan project and
12 designation of a redevelopment project area.
13 (d) After the effective date of this amendatory Act of
14 1994 and adoption of an ordinance approving a redevelopment
15 plan or project, a A municipality with a population of less
16 than 1,000,000 shall within 90 days after the close of each
17 municipal fiscal year notify all taxing districts represented
18 on the joint review board in which the redevelopment project
19 area is located that any or all of the following information
20 will be made make the following information available to all
21 taxing districts no later than 270 180 days after the close
22 of each municipal fiscal year upon receipt of a written
23 request of a majority of such taxing districts for such
24 information:
25 (1) Any amendments to the redevelopment plan, the
26 redevelopment project area, or the State Sales Tax
27 Boundary.
28 (2) Audited financial statements of the special tax
29 allocation fund once a cumulative total of $100,000 has
30 been deposited in the fund.
31 (3) Certification of the Chief Executive Officer of
32 the municipality that the municipality has complied with
33 all of the requirements of this Act during the preceding
34 fiscal year.
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1 (4) An opinion of legal counsel that the
2 municipality is in compliance with this Act.
3 (5) An analysis of the special tax allocation fund
4 which sets forth:
5 (A) the balance in the special tax allocation
6 fund at the beginning of the fiscal year;
7 (B) all amounts deposited in the special tax
8 allocation fund by source;
9 (C) all expenditures from the special tax
10 allocation fund by category of permissible
11 redevelopment project cost; and
12 (D) the balance in the special tax allocation
13 fund at the end of the fiscal year including a
14 breakdown of that balance by source. Such ending
15 balance shall be designated as surplus if it is not
16 required for anticipated redevelopment project costs
17 or to pay debt service on bonds issued to finance
18 redevelopment project costs, as set forth in Section
19 11-74.4-7 hereof.
20 (6) A description of all property purchased by the
21 municipality within the redevelopment project area
22 including:
23 (A) Street address.
24 (B) Approximate size or description of
25 property.
26 (C) Purchase price.
27 (D) Seller of property.
28 (7) A statement setting forth all activities
29 undertaken in furtherance of the objectives of the
30 redevelopment plan, including:
31 (A) Any project implemented in the preceding
32 fiscal year.
33 (B) A description of the redevelopment
34 activities undertaken.
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1 (C) A description of any agreements entered
2 into by the municipality with regard to the
3 disposition or redevelopment of any property within
4 the redevelopment project area or the area within
5 the State Sales Tax Boundary.
6 (D) Additional information on the use of all
7 funds received under this Division and steps taken
8 by the municipality to achieve the objectives of the
9 redevelopment plan.
10 (E) Information regarding contracts that the
11 municipality's tax increment advisors or consultants
12 have entered into with entities or persons that have
13 or are receiving payments financed by tax increment
14 revenues produced by the same redevelopment project
15 area.
16 (8) With regard to any obligations issued by the
17 municipality:
18 (A) copies of any official statements; and
19 (B) an analysis prepared by financial advisor
20 or underwriter setting forth: (i) nature and term of
21 obligation; and (ii) projected debt service
22 including required reserves and debt coverage.
23 (9) For special tax allocation funds that have
24 experienced cumulative deposits of incremental tax
25 revenues of $100,000 or more, a certified audit report
26 reviewing compliance with this Act performed by an
27 independent public accountant certified and licensed by
28 the authority of the State of Illinois. The financial
29 portion of the audit must be conducted in accordance with
30 Standards for Audits of Governmental Organizations,
31 Programs, Activities, and Functions adopted by the
32 Comptroller General of the United States (1981), as
33 amended. The audit report shall contain a letter from
34 the independent certified public accountant indicating
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1 compliance or noncompliance with the requirements of
2 subsection (q) of Section 11-74.4-3. For redevelopment
3 project areas that would include 75 or more inhabited
4 residential units or would require removal of 10 or more
5 inhabited residential units, the information required in
6 this subsection shall also be sent by certified mail to
7 all organizations that have registered with the
8 municipality for such information within the prior 3
9 years. All municipalities are subject to this provision.
10 (d-1) Municipalities with populations of over 1,000,000
11 shall, after adoption of a redevelopment plan or project,
12 make available upon request to any taxing district in which
13 the redevelopment project area is located the following
14 information:
15 (1) Any amendments to the redevelopment plan, the
16 redevelopment project area, or the State Sales Tax
17 Boundary; and
18 (2) In connection with any redevelopment project
19 area for which the municipality has outstanding
20 obligations issued to provide for redevelopment project
21 costs pursuant to Section 11-74.4-7, audited financial
22 statements of the special tax allocation fund.
23 (e) One year, two years and at the end of every
24 subsequent three year period thereafter, The joint review
25 board shall meet annually to review the effectiveness and
26 status of the redevelopment project area up to that date.
27 (f) If the redevelopment project area has been in
28 existence for at least 5 years and the municipality proposes
29 a redevelopment project with a total redevelopment project
30 cost exceeding 35% of the total amount budgeted in the
31 redevelopment plan for all redevelopment projects, the
32 municipality, in addition to any other requirements imposed
33 by this Act, shall convene a meeting of the joint review
34 board as provided in this Act for the purpose of reviewing
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1 the redevelopment project.
2 (f) (g) In the event that a municipality has held a
3 public hearing under this Section prior to March 14, 1994
4 (the effective date of Public Act 88-537), the requirements
5 imposed by Public Act 88-537 relating to the method of fixing
6 the time and place for public hearing, the materials and
7 information required to be made available for public
8 inspection, and the information required to be sent after
9 adoption of an ordinance or resolution fixing a time and
10 place for public hearing shall not be applicable.
11 (Source: P.A. 88-537; 88-688, eff. 1-24-95.)
12 (65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
13 Sec. 11-74.4-6. (a) Except as provided herein, notice of
14 the public hearing shall be given by publication and mailing.
15 Notice by publication shall be given by publication at least
16 twice, the first publication to be not more than 30 nor less
17 than 10 days prior to the hearing in a newspaper of general
18 circulation within the taxing districts having property in
19 the proposed redevelopment project area. Notice by mailing
20 shall be given by depositing such notice in the United States
21 mails by certified mail addressed to the person or persons
22 in whose name the general taxes for the last preceding year
23 were paid on each lot, block, tract, or parcel of land lying
24 within the project redevelopment area. Said notice shall be
25 mailed not less than 10 days prior to the date set for the
26 public hearing. In the event taxes for the last preceding
27 year were not paid, the notice shall also be sent to the
28 persons last listed on the tax rolls within the preceding 3
29 years as the owners of such property. For redevelopment
30 project areas with redevelopment plans or proposed
31 redevelopment plans that would require removal of 10 or more
32 inhabited residential units, the municipality shall make a
33 good faith effort to notify by mail all residents of the
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1 redevelopment project area. At a minimum, the municipality
2 shall mail a notice to each residential address located
3 within the redevelopment project area. The municipality
4 shall endeavor to ensure that all such notices are
5 effectively communicated and may include (in addition to
6 notice in English) notice in languages other than English
7 when appropriate.
8 (b) The notices issued pursuant to this Section shall
9 include the following:
10 (1) The time and place of public hearing;
11 (2) The boundaries of the proposed redevelopment
12 project area by legal description and by street location
13 where possible;
14 (3) A notification that all interested persons will
15 be given an opportunity to be heard at the public
16 hearing;
17 (4) A description of the redevelopment plan or
18 redevelopment project for the proposed redevelopment
19 project area if a plan or project is the subject matter
20 of the hearing.
21 (5) Such other matters as the municipality may deem
22 appropriate.
23 (c) Not less than 45 days prior to the date set for
24 hearing, the municipality shall give notice by mail as
25 provided in subsection (a) to all taxing districts of which
26 taxable property is included in the redevelopment project
27 area, project or plan and to the Department of Commerce and
28 Community Affairs, and in addition to the other requirements
29 under subsection (b) the notice shall include an invitation
30 to the Department of Commerce and Community Affairs and each
31 taxing district to submit comments to the municipality
32 concerning the subject matter of the hearing prior to the
33 date of hearing.
34 (d) In the event that any municipality has by ordinance
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1 adopted tax increment financing prior to 1987, and has
2 complied with the notice requirements of this Section, except
3 that the notice has not included the requirements of
4 subsection (b), paragraphs (2), (3) and (4), and within 90
5 days of the effective date of this amendatory Act of 1991,
6 that municipality passes an ordinance which contains findings
7 that: (1) all taxing districts prior to the time of the
8 hearing required by Section 11-74.4-5 were furnished with
9 copies of a map incorporated into the redevelopment plan and
10 project substantially showing the legal boundaries of the
11 redevelopment project area; (2) the redevelopment plan and
12 project, or a draft thereof, contained a map substantially
13 showing the legal boundaries of the redevelopment project
14 area and was available to the public at the time of the
15 hearing; and (3) since the adoption of any form of tax
16 increment financing authorized by this Act, and prior to June
17 1, 1991, no objection or challenge has been made in writing
18 to the municipality in respect to the notices required by
19 this Section, then the municipality shall be deemed to have
20 met the notice requirements of this Act and all actions of
21 the municipality taken in connection with such notices as
22 were given are hereby validated and hereby declared to be
23 legally sufficient for all purposes of this Act.
24 (e) In the event that a municipality desires to propose
25 a redevelopment plan and project for a redevelopment project
26 area which proposed redevelopment project area would include
27 more than 50 inhabited residential units or which provides
28 for the removal of 10 or more inhabited residential units,
29 the municipality shall hold a public meeting before the
30 mailing of the notices of public hearing as provided in
31 subsection (c) of this Section. The meeting shall be for the
32 purpose of enabling the municipality to advise the public,
33 taxing districts having real property in the redevelopment
34 project area, taxpayers who own property in the proposed
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1 redevelopment project area, and residents in the area as to
2 the municipality's possible intent to prepare a redevelopment
3 plan and project and designate a redevelopment project area
4 and to receive public comment in reference thereto. The time
5 and place for the meeting shall be set by the head of the
6 municipality's Department of Planning or other department
7 official designated by the mayor or city or village manager
8 without the necessity of a resolution or ordinance of the
9 municipality and may be held by a member of the staff of the
10 Department of Planning of the municipality or by any other
11 person, body, or commission designated by the corporate
12 authorities. The meeting shall be held at least 21 days
13 before the mailing of the notice of public hearing provided
14 for in subsection (c) of this Section.
15 Notice of the public meeting shall be given by mail.
16 Notice by mail shall be not less than 15 days before the date
17 of the meeting and shall be sent by certified mail to all
18 taxing districts having real property in the proposed
19 redevelopment project area and to all organizations
20 requesting such information that have registered with a
21 person and department designated by the municipality within
22 the 3 year period prior to the date set for the public
23 hearing. The municipality shall notify each registered
24 organization concerning the expiration date of the
25 registration at least 30 days prior to the date the
26 registration expires. The municipality shall make a good
27 faith effort to notify all residents and the last known
28 persons who paid property taxes on real estate in a
29 redevelopment project area. This requirement shall be deemed
30 to be satisfied if the municipality mails, by regular mail, a
31 notice to each residential address and the person or persons
32 in whose name property taxes were paid on real property for
33 the last preceding year located within the redevelopment
34 project area. Notice may be in languages other than English
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1 when appropriate. The notices issued under this subsection
2 shall include the following:
3 (1) The time and place of the meeting.
4 (2) The boundaries of the area to be studied for
5 possible designation as a redevelopment project area by
6 street and location.
7 (3) The purpose or purposes of establishing a
8 redevelopment project area.
9 (4) A brief description of the tax increment
10 mechanism.
11 (5) The name, telephone number, and address of the
12 person who can be contacted for additional information
13 about the proposed redevelopment project area and who
14 should receive all comments and suggestions regarding
15 the development of the area to be studied.
16 (6) Notification that all interested persons will
17 be given an opportunity to be heard at the public
18 meeting.
19 (7) Such other matters as the municipality deems
20 appropriate.
21 At the public meeting, any interested person or affected
22 taxing district representative may be heard orally and may
23 file, with the person conducting the meeting, statements that
24 pertain to the subject matter of the meeting.
25 (Source: P.A. 86-142; 87-813.)
26 (65 ILCS 5/11-74.4-7.1)
27 Sec. 11-74.4-7.1. After the effective date of this
28 amendatory Act of 1994 and prior to the effective date of
29 this amendatory Act of 1998, a municipality with a population
30 of less than 1,000,000, prior to construction of a new
31 municipal public building that provides governmental services
32 to be financed with tax increment revenues as authorized in
33 paragraph (4) of subsection (q) of Section 11-74.4-3, shall
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1 agree with the affected taxing districts to pay them, to the
2 extent tax increment finance revenues are available, over the
3 life of the redevelopment project area, an amount equal to
4 25% of the cost of the building, such payments to be paid to
5 the taxing districts in the same proportion as the most
6 recent distribution by the county collector to the affected
7 taxing districts of real property taxes from taxable real
8 property in the redevelopment project area. After the
9 effective date of this amendatory Act of 1998, the
10 requirements of this Section shall apply only to municipal
11 public buildings constructed under the authority provided by
12 paragraphs (3) and (4)(i) of subsection (q) of Section
13 11-74.4-3.
14 This Section does not apply to a municipality that,
15 before March 14, 1994 (the effective date of Public Act
16 88-537), acquired or leased the land (i) upon which a new
17 municipal public building is to be constructed and (ii) for
18 which an existing redevelopment plan or a redevelopment
19 agreement includes provisions for the construction of a new
20 municipal public building.
21 (Source: P.A. 88-537; 88-688, eff. 1-24-95.)