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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2373
Introduced 2/19/2009, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-74.4-3 |
from Ch. 24, par. 11-74.4-3 |
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Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. In a provision concerning the meaning of "redevelopment project costs", includes the costs of day care services for children of employees from low-income families working for businesses located within a redevelopment project area that is located within a municipality with a population of more than 10,000 (now, 100,000). Makes revisory changes. Contains a non-acceleration clause. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Section 11-74.4-3 as follows:
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| (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
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| (Text of Section before amendment by P.A. 95-1028 )
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| Sec. 11-74.4-3. Definitions. The following terms, wherever |
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| used or
referred to in this Division 74.4 shall have the |
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| following respective meanings,
unless in any case a different |
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| meaning clearly appears from the context.
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| (a) For any redevelopment project area that has been |
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| designated pursuant
to this
Section by an ordinance adopted |
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| prior to November 1, 1999 (the effective
date of Public Act
|
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| 91-478), "blighted area" shall have the meaning set
forth in |
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| this Section
prior to that date.
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| On and after November 1, 1999,
"blighted area" means any |
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| improved or vacant area within the boundaries
of a |
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| redevelopment project area located within the territorial |
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| limits of
the municipality where:
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| (1) If improved, industrial, commercial, and |
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| residential buildings or
improvements are detrimental to |
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| the public safety, health, or welfare
because of a |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| combination of 5 or more of the following factors, each of |
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| which
is (i) present, with that presence documented, to a |
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| meaningful extent so
that a municipality may reasonably |
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| find that the factor is clearly
present within the intent |
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| of the Act and (ii) reasonably distributed throughout
the |
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| improved part of the redevelopment project area:
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| (A) Dilapidation. An advanced state of disrepair |
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| or neglect of
necessary
repairs to the primary |
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| structural components of buildings or improvements in
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| such a combination that a documented building |
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| condition analysis determines
that major repair is |
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| required or the defects are so serious and so extensive
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| that the buildings must be removed.
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| (B) Obsolescence. The condition or process of |
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| falling into disuse.
Structures have become ill-suited |
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| for the original use.
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| (C) Deterioration. With respect to buildings, |
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| defects
including, but not limited to, major defects in
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| the secondary building components such as doors, |
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| windows, porches, gutters and
downspouts, and fascia. |
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| With respect to surface improvements, that the
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| condition of roadways, alleys, curbs, gutters, |
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| sidewalks, off-street parking,
and surface storage |
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| areas evidence deterioration, including, but not |
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| limited
to, surface cracking, crumbling, potholes, |
26 |
| depressions, loose paving material,
and weeds |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| protruding through paved surfaces.
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| (D) Presence of structures below minimum code |
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| standards. All structures
that do not meet the |
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| standards of zoning, subdivision, building, fire, and
|
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| other governmental codes applicable to property, but |
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| not including housing and
property maintenance codes.
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| (E) Illegal use of individual structures. The use |
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| of structures in
violation of applicable federal, |
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| State, or local laws, exclusive of those
applicable to |
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| the presence of structures below minimum code |
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| standards.
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| (F) Excessive vacancies. The presence of
buildings |
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| that are unoccupied or under-utilized and that |
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| represent an adverse
influence on the area because of |
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| the frequency, extent, or duration of the
vacancies.
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| (G) Lack of ventilation, light, or sanitary |
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| facilities. The absence of
adequate ventilation for |
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| light or air circulation in spaces or rooms without
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| windows, or that require the removal of dust, odor, |
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| gas, smoke, or other
noxious airborne materials. |
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| Inadequate natural light and ventilation means
the |
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| absence of skylights or windows for interior spaces or |
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| rooms and improper
window sizes and amounts by room |
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| area to window area ratios. Inadequate
sanitary |
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| facilities refers to the absence or inadequacy of |
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| garbage storage and
enclosure,
bathroom facilities, |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| hot water and kitchens, and structural inadequacies
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| preventing ingress and egress to and from all rooms and |
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| units within a
building.
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| (H) Inadequate utilities. Underground and overhead |
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| utilities
such as storm sewers and storm drainage, |
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| sanitary sewers, water lines, and
gas, telephone, and
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| electrical services that are shown to be inadequate. |
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| Inadequate utilities are
those that are: (i) of |
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| insufficient capacity to serve the uses in the
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| redevelopment project area, (ii) deteriorated,
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| antiquated, obsolete, or in disrepair, or (iii) |
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| lacking within the
redevelopment project area.
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| (I) Excessive land coverage and overcrowding of |
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| structures and community
facilities. The |
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| over-intensive use of property and the crowding of |
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| buildings
and accessory facilities onto a site. |
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| Examples of problem conditions
warranting the |
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| designation of an area as one exhibiting excessive land |
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| coverage
are: (i) the presence of buildings either |
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| improperly situated on parcels or
located
on parcels of |
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| inadequate size and shape in relation to present-day |
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| standards of
development for health and safety and (ii) |
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| the presence of multiple buildings
on a
single parcel. |
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| For there to be a finding of excessive land coverage,
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| these parcels must exhibit one or more of the following |
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| conditions:
insufficient provision for
light and air |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| within or around buildings, increased threat of spread |
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| of fire
due to the close proximity of buildings, lack |
3 |
| of adequate or proper access to a
public right-of-way, |
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| lack of reasonably required off-street parking, or
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| inadequate provision for loading and service.
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| (J) Deleterious land use or layout. The existence |
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| of incompatible
land-use
relationships, buildings |
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| occupied by inappropriate mixed-uses, or uses
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| considered to be noxious, offensive, or unsuitable for |
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| the
surrounding area.
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| (K) Environmental clean-up. The proposed |
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| redevelopment project area
has incurred Illinois |
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| Environmental Protection Agency or United States
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| Environmental Protection Agency remediation costs for, |
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| or a study conducted by
an independent consultant |
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| recognized as having expertise in environmental
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| remediation has determined a need for, the
clean-up of |
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| hazardous
waste, hazardous substances, or underground |
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| storage tanks required by State or
federal law, |
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| provided that the remediation costs constitute a |
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| material
impediment to the development or |
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| redevelopment of the redevelopment project
area.
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| (L) Lack of community planning. The proposed |
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| redevelopment project area
was
developed prior to or |
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| without the benefit or guidance of a community plan.
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| This means that the development occurred prior to the |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| adoption by the
municipality of a comprehensive or |
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| other community plan or that the plan was
not followed |
3 |
| at the time of the area's development. This factor must |
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| be
documented by evidence of adverse or incompatible |
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| land-use relationships,
inadequate street layout, |
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| improper subdivision, parcels of inadequate shape and
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| size to meet contemporary development standards, or |
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| other evidence
demonstrating
an absence of effective |
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| community planning.
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| (M) The total equalized assessed value of the |
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| proposed redevelopment
project area has declined for 3 |
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| of the last 5 calendar years
prior to the year in which |
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| the redevelopment project area is designated
or is |
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| increasing at an
annual rate that is less
than the |
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| balance of the municipality for 3 of the last 5 |
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| calendar years
for which
information is available or is |
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| increasing at an annual rate that is less than
the |
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| Consumer Price Index
for All Urban Consumers published |
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| by the United States Department of Labor or
successor |
20 |
| agency for 3 of the last 5 calendar years
prior to the |
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| year in which the redevelopment project area is |
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| designated.
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| (2) If vacant, the sound growth of the redevelopment |
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| project area
is impaired by a
combination of 2 or more of |
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| the following factors, each of which
is (i) present, with |
26 |
| that presence documented, to a meaningful extent so
that
a |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| municipality may reasonably find that the factor is clearly |
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| present
within the intent of the Act and (ii) reasonably |
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| distributed throughout the
vacant part of the
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| redevelopment project area to which it pertains:
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| (A) Obsolete platting of vacant land that results |
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| in parcels of
limited or
narrow size or configurations |
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| of parcels of irregular size or shape that would
be |
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| difficult to develop on
a planned basis and in a manner |
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| compatible with contemporary standards and
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| requirements, or platting that failed to create |
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| rights-of-ways for streets or
alleys or that created |
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| inadequate right-of-way widths for streets, alleys, or
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| other public rights-of-way or that omitted easements |
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| for public utilities.
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| (B) Diversity of ownership of parcels of vacant |
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| land sufficient in
number to
retard or impede the |
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| ability to assemble the land for development.
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| (C) Tax and special assessment delinquencies exist |
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| or the property has
been the subject of tax sales under |
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| the Property Tax Code within the last 5
years.
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| (D) Deterioration of structures or site |
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| improvements in neighboring
areas adjacent to the |
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| vacant land.
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| (E) The area has incurred Illinois Environmental |
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| Protection Agency or
United States Environmental |
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| Protection Agency remediation costs for, or a study
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| conducted by an independent consultant recognized as |
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| having expertise in
environmental remediation has |
3 |
| determined a need for, the
clean-up of hazardous
waste, |
4 |
| hazardous substances, or underground storage tanks |
5 |
| required by State or
federal law, provided that the |
6 |
| remediation costs
constitute a material impediment to |
7 |
| the development or redevelopment of
the
redevelopment |
8 |
| project area.
|
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| (F) The total equalized assessed value of the |
10 |
| proposed redevelopment
project area has declined for 3 |
11 |
| of the last 5 calendar years
prior to the year in which |
12 |
| the redevelopment project area is designated
or is |
13 |
| increasing at an
annual rate that is less
than the |
14 |
| balance of the municipality for 3 of the last 5 |
15 |
| calendar years for
which information is available or is |
16 |
| increasing at an annual rate that is less
than
the |
17 |
| Consumer Price Index
for All Urban Consumers published |
18 |
| by the United States Department of Labor or
successor |
19 |
| agency for 3 of the last 5 calendar years
prior to the |
20 |
| year in which the redevelopment project area is |
21 |
| designated.
|
22 |
| (3) If vacant, the sound growth of the redevelopment |
23 |
| project area is
impaired by one of the
following factors |
24 |
| that (i) is present, with that presence documented, to a
|
25 |
| meaningful extent so that a municipality may reasonably |
26 |
| find that the factor is
clearly
present within the intent |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| of the Act and (ii) is reasonably distributed
throughout |
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| the vacant part of the
redevelopment project area to which |
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| it pertains:
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| (A) The area consists of one or more unused |
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| quarries, mines, or strip
mine ponds.
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| (B) The area consists of unused rail yards, rail |
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| tracks, or railroad
rights-of-way.
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| (C) The area, prior to its designation, is subject |
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| to (i) chronic
flooding
that adversely impacts on real |
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| property in the area as certified by a
registered
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| professional engineer or appropriate regulatory agency |
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| or (ii) surface water
that
discharges from all or a |
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| part of the area and contributes to flooding within
the
|
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| same watershed, but only if the redevelopment project |
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| provides for facilities
or
improvements to contribute |
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| to the alleviation of all or part of the
flooding.
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| (D) The area consists of an unused or illegal |
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| disposal site containing
earth,
stone, building |
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| debris, or similar materials that were removed from
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| construction, demolition, excavation, or dredge sites.
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| (E) Prior to November 1, 1999, the area
is not less |
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| than 50 nor more than 100 acres and 75%
of which is |
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| vacant (notwithstanding that the area has been used
for |
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| commercial agricultural purposes within 5 years prior |
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| to the designation
of the redevelopment project area), |
26 |
| and the area meets at least one of
the factors itemized |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| in paragraph (1) of this subsection, the area
has been |
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| designated as a town or village center by ordinance or |
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| comprehensive
plan adopted prior to January 1, 1982, |
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| and the area has not been developed
for that designated |
5 |
| purpose.
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| (F) The area qualified as a blighted improved area |
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| immediately prior to
becoming vacant, unless there has |
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| been substantial private investment in the
immediately |
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| surrounding area.
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| (b) For any redevelopment project area that has been |
11 |
| designated pursuant
to this
Section by an ordinance adopted |
12 |
| prior to November 1, 1999 (the effective
date of Public Act
|
13 |
| 91-478), "conservation area" shall have the meaning
set forth |
14 |
| in this
Section prior to that date.
|
15 |
| On and after November 1, 1999,
"conservation area" means |
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| any improved area within the boundaries
of a redevelopment |
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| project area located within the territorial limits of
the |
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| municipality in which 50% or more of the structures in the area |
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| have
an age of 35 years or more.
Such an area is not yet a |
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| blighted area but
because of a combination of 3 or more of the |
21 |
| following factors is detrimental
to the public safety, health, |
22 |
| morals
or welfare and such an area may become a blighted area:
|
23 |
| (1) Dilapidation. An advanced state of disrepair or |
24 |
| neglect of
necessary
repairs to the primary structural |
25 |
| components of buildings or improvements in
such a |
26 |
| combination that a documented building condition analysis |
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HB2373 |
- 11 - |
LRB096 08251 RLJ 18358 b |
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1 |
| determines
that major repair is required or the defects are |
2 |
| so serious and so extensive
that the buildings must be |
3 |
| removed.
|
4 |
| (2) Obsolescence. The condition or process of falling |
5 |
| into disuse.
Structures have become ill-suited for the |
6 |
| original use.
|
7 |
| (3) Deterioration. With respect to buildings, defects
|
8 |
| including, but not limited to, major defects in
the |
9 |
| secondary building components such as doors, windows, |
10 |
| porches, gutters and
downspouts, and fascia. With respect |
11 |
| to surface improvements, that the
condition of roadways, |
12 |
| alleys, curbs, gutters, sidewalks, off-street parking,
and |
13 |
| surface storage areas evidence deterioration, including, |
14 |
| but not limited
to, surface cracking, crumbling, potholes, |
15 |
| depressions, loose paving material,
and weeds protruding |
16 |
| through paved surfaces.
|
17 |
| (4) Presence of structures below minimum code |
18 |
| standards. All structures
that do not meet the standards of |
19 |
| zoning, subdivision, building, fire, and
other |
20 |
| governmental codes applicable to property, but not |
21 |
| including housing and
property maintenance codes.
|
22 |
| (5) Illegal use of individual structures. The use of |
23 |
| structures in
violation of applicable federal, State, or |
24 |
| local laws, exclusive of those
applicable to the presence |
25 |
| of structures below minimum code standards.
|
26 |
| (6) Excessive vacancies. The presence of
buildings |
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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1 |
| that are unoccupied or under-utilized and that represent an |
2 |
| adverse
influence on the area because of the frequency, |
3 |
| extent, or duration of the
vacancies.
|
4 |
| (7) Lack of ventilation, light, or sanitary |
5 |
| facilities. The absence of
adequate ventilation for light |
6 |
| or air circulation in spaces or rooms without
windows, or |
7 |
| that require the removal of dust, odor, gas, smoke, or |
8 |
| other
noxious airborne materials. Inadequate natural light |
9 |
| and ventilation means
the absence or inadequacy of |
10 |
| skylights or windows for interior spaces or rooms
and |
11 |
| improper
window sizes and amounts by room area to window |
12 |
| area ratios. Inadequate
sanitary facilities refers to the |
13 |
| absence or inadequacy of garbage storage and
enclosure,
|
14 |
| bathroom facilities, hot water and kitchens, and |
15 |
| structural inadequacies
preventing ingress and egress to |
16 |
| and from all rooms and units within a
building.
|
17 |
| (8) Inadequate utilities. Underground and overhead |
18 |
| utilities
such as storm sewers and storm drainage, sanitary |
19 |
| sewers, water lines, and gas,
telephone, and
electrical |
20 |
| services that are shown to be inadequate. Inadequate |
21 |
| utilities are
those that are: (i) of insufficient capacity |
22 |
| to serve the uses in the
redevelopment project area, (ii) |
23 |
| deteriorated,
antiquated, obsolete, or in disrepair, or |
24 |
| (iii) lacking within the
redevelopment project area.
|
25 |
| (9) Excessive land coverage and overcrowding of |
26 |
| structures and community
facilities. The over-intensive |
|
|
|
HB2373 |
- 13 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| use of property and the crowding of buildings
and accessory |
2 |
| facilities onto a site. Examples of problem conditions
|
3 |
| warranting the designation of an area as one exhibiting |
4 |
| excessive land coverage
are: the presence of buildings |
5 |
| either improperly situated on parcels or located
on parcels |
6 |
| of inadequate size and shape in relation to present-day |
7 |
| standards of
development for health and safety and the |
8 |
| presence of multiple buildings on a
single parcel. For |
9 |
| there to be a finding of excessive land coverage,
these |
10 |
| parcels must exhibit one or more of the following |
11 |
| conditions:
insufficient provision for
light and air |
12 |
| within or around buildings, increased threat of spread of |
13 |
| fire
due to the close proximity of buildings, lack of |
14 |
| adequate or proper access to a
public right-of-way, lack of |
15 |
| reasonably required off-street parking, or
inadequate |
16 |
| provision for loading and service.
|
17 |
| (10) Deleterious land use or layout. The existence of |
18 |
| incompatible
land-use
relationships, buildings occupied by |
19 |
| inappropriate mixed-uses, or uses
considered to be |
20 |
| noxious, offensive, or unsuitable for the
surrounding |
21 |
| area.
|
22 |
| (11) Lack of community planning. The proposed |
23 |
| redevelopment project area
was
developed prior to or |
24 |
| without the benefit or guidance of a community plan.
This |
25 |
| means that the development occurred prior to the adoption |
26 |
| by the
municipality of a comprehensive or other community |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| plan or that the plan was
not followed at the time of the |
2 |
| area's development. This factor must be
documented by |
3 |
| evidence of adverse or incompatible land-use |
4 |
| relationships,
inadequate street layout, improper |
5 |
| subdivision, parcels of inadequate shape and
size to meet |
6 |
| contemporary development standards, or other evidence
|
7 |
| demonstrating
an absence of effective community planning.
|
8 |
| (12) The area has incurred Illinois Environmental |
9 |
| Protection Agency or
United
States Environmental |
10 |
| Protection Agency remediation costs for, or a study
|
11 |
| conducted by an independent consultant recognized as |
12 |
| having expertise in
environmental remediation has |
13 |
| determined a need for, the clean-up of hazardous
waste, |
14 |
| hazardous substances, or underground storage tanks |
15 |
| required by State
or federal law, provided that the |
16 |
| remediation costs constitute a material
impediment to the |
17 |
| development or redevelopment of the redevelopment project
|
18 |
| area.
|
19 |
| (13) The total equalized assessed value of the proposed |
20 |
| redevelopment
project area has declined for 3 of the last 5 |
21 |
| calendar years
for which information is
available or is |
22 |
| increasing at an annual rate that is less than the balance |
23 |
| of
the municipality for 3 of the last 5 calendar years for |
24 |
| which information is
available or is increasing at an |
25 |
| annual rate that is less
than the Consumer Price Index for |
26 |
| All Urban Consumers published by the United
States |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
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|
1 |
| Department of Labor or successor agency for 3 of the last 5 |
2 |
| calendar
years for which information is available.
|
3 |
| (c) "Industrial park" means an area in a blighted or |
4 |
| conservation
area suitable for use by any manufacturing, |
5 |
| industrial, research or
transportation enterprise, of |
6 |
| facilities to include but not be limited to
factories, mills, |
7 |
| processing plants, assembly plants, packing plants,
|
8 |
| fabricating plants, industrial distribution centers, |
9 |
| warehouses, repair
overhaul or service facilities, freight |
10 |
| terminals, research facilities,
test facilities or railroad |
11 |
| facilities.
|
12 |
| (d) "Industrial park conservation area" means an area |
13 |
| within the
boundaries of a redevelopment project area located |
14 |
| within the territorial
limits of a municipality that is a labor |
15 |
| surplus municipality or within 1
1/2 miles of the territorial |
16 |
| limits of a municipality that is a labor
surplus municipality |
17 |
| if the area is annexed to the municipality; which
area is zoned |
18 |
| as industrial no later than at the time the municipality by
|
19 |
| ordinance designates the redevelopment project area, and which |
20 |
| area
includes both vacant land suitable for use as an |
21 |
| industrial park and a
blighted area or conservation area |
22 |
| contiguous to such vacant land.
|
23 |
| (e) "Labor surplus municipality" means a municipality in |
24 |
| which, at any
time during the 6 months before the municipality |
25 |
| by ordinance designates
an industrial park conservation area, |
26 |
| the unemployment rate was over 6% and was
also 100% or more of |
|
|
|
HB2373 |
- 16 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| the national average unemployment rate for that same
time as |
2 |
| published in the United States Department of Labor Bureau of |
3 |
| Labor
Statistics publication entitled "The Employment |
4 |
| Situation" or its successor
publication. For the purpose of |
5 |
| this subsection, if unemployment rate
statistics for the |
6 |
| municipality are not available, the unemployment rate in
the |
7 |
| municipality shall be deemed to be the same as the unemployment |
8 |
| rate in
the principal county in which the municipality is |
9 |
| located.
|
10 |
| (f) "Municipality" shall mean a city, village, |
11 |
| incorporated town, or a township that is located in the |
12 |
| unincorporated portion of a county with 3 million or more |
13 |
| inhabitants, if the county adopted an ordinance that approved |
14 |
| the township's redevelopment plan.
|
15 |
| (g) "Initial Sales Tax Amounts" means the amount of taxes |
16 |
| paid under
the Retailers' Occupation Tax Act, Use Tax Act, |
17 |
| Service Use Tax Act, the
Service Occupation Tax Act, the |
18 |
| Municipal Retailers' Occupation Tax Act,
and the Municipal |
19 |
| Service Occupation Tax Act by
retailers and servicemen on |
20 |
| transactions at places located in a
State Sales Tax Boundary |
21 |
| during the calendar year 1985.
|
22 |
| (g-1) "Revised Initial Sales Tax Amounts" means the amount |
23 |
| of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
24 |
| Act, Service Use Tax Act, the
Service Occupation Tax Act, the |
25 |
| Municipal Retailers' Occupation Tax Act,
and the Municipal |
26 |
| Service Occupation Tax Act by retailers and servicemen on
|
|
|
|
HB2373 |
- 17 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| transactions at places located within the State Sales Tax |
2 |
| Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
|
3 |
| (h) "Municipal Sales Tax Increment" means an amount equal |
4 |
| to the
increase in the aggregate amount of taxes paid to a |
5 |
| municipality from the
Local Government Tax Fund arising from |
6 |
| sales by retailers and servicemen
within the redevelopment |
7 |
| project area or State Sales Tax Boundary, as
the case may be, |
8 |
| for as long as the redevelopment project area or State
Sales |
9 |
| Tax Boundary, as the case may be, exist over and above the |
10 |
| aggregate
amount of taxes as certified by the Illinois |
11 |
| Department of Revenue and paid
under the Municipal Retailers' |
12 |
| Occupation Tax Act and the Municipal Service
Occupation Tax Act |
13 |
| by retailers and servicemen, on transactions at places
of |
14 |
| business located in the redevelopment project area or State |
15 |
| Sales Tax
Boundary, as the case may be, during the
base year |
16 |
| which shall be the calendar year immediately prior to the year |
17 |
| in
which the municipality adopted tax increment allocation |
18 |
| financing. For
purposes of computing the aggregate amount of |
19 |
| such taxes for base years
occurring prior to 1985, the |
20 |
| Department of Revenue shall determine the
Initial Sales Tax |
21 |
| Amounts for such taxes and deduct therefrom an amount
equal to |
22 |
| 4% of the aggregate amount of taxes per year for each year the
|
23 |
| base year is prior to 1985, but not to exceed a total deduction |
24 |
| of 12%.
The amount so determined shall be known as the |
25 |
| "Adjusted Initial Sales Tax
Amounts". For purposes of |
26 |
| determining the Municipal Sales Tax Increment,
the Department |
|
|
|
HB2373 |
- 18 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| of Revenue shall for each period subtract from the amount
paid |
2 |
| to the municipality from the Local Government Tax Fund arising |
3 |
| from
sales by retailers and servicemen on transactions
located |
4 |
| in the redevelopment project area or the State Sales Tax |
5 |
| Boundary,
as the case may be, the certified Initial Sales Tax
|
6 |
| Amounts, the Adjusted Initial Sales Tax Amounts or the Revised |
7 |
| Initial
Sales Tax Amounts for the Municipal Retailers'
|
8 |
| Occupation Tax Act and the Municipal Service
Occupation Tax |
9 |
| Act. For the State Fiscal Year 1989, this calculation shall
be |
10 |
| made by utilizing the calendar year 1987 to determine the tax |
11 |
| amounts
received. For the State Fiscal Year 1990, this |
12 |
| calculation shall be made
by utilizing the period from January |
13 |
| 1, 1988, until September 30, 1988, to
determine the tax amounts |
14 |
| received from retailers and servicemen pursuant
to the |
15 |
| Municipal Retailers' Occupation Tax and the Municipal Service
|
16 |
| Occupation Tax Act, which shall have deducted therefrom
|
17 |
| nine-twelfths of the certified Initial Sales Tax Amounts, the |
18 |
| Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales |
19 |
| Tax Amounts as appropriate.
For the State Fiscal Year 1991, |
20 |
| this calculation shall be made by utilizing
the period from |
21 |
| October 1, 1988, to June 30, 1989, to determine the tax
amounts |
22 |
| received from retailers and servicemen pursuant to the |
23 |
| Municipal
Retailers' Occupation Tax and the Municipal Service |
24 |
| Occupation Tax Act
which shall have deducted therefrom |
25 |
| nine-twelfths of the
certified Initial Sales Tax Amounts, |
26 |
| Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales |
|
|
|
HB2373 |
- 19 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| Tax Amounts as appropriate. For every
State Fiscal Year |
2 |
| thereafter, the applicable period shall be the 12 months
|
3 |
| beginning July 1 and ending June 30 to determine the tax |
4 |
| amounts received
which shall have deducted therefrom the |
5 |
| certified Initial Sales Tax
Amounts, the Adjusted Initial Sales |
6 |
| Tax Amounts or the Revised Initial
Sales Tax Amounts, as the |
7 |
| case may be.
|
8 |
| (i) "Net State Sales Tax Increment" means the sum of the |
9 |
| following: (a)
80% of the first $100,000 of State Sales Tax |
10 |
| Increment annually generated
within a State Sales Tax Boundary; |
11 |
| (b) 60% of the amount in excess of
$100,000 but not exceeding |
12 |
| $500,000 of State Sales Tax Increment annually
generated within |
13 |
| a State Sales Tax Boundary; and (c) 40% of all amounts in
|
14 |
| excess of $500,000 of State Sales Tax Increment annually |
15 |
| generated within a
State Sales Tax Boundary. If, however, a |
16 |
| municipality established a tax
increment financing district in |
17 |
| a county with a population in excess of
3,000,000 before |
18 |
| January 1, 1986, and the municipality entered into a
contract |
19 |
| or issued bonds after January 1, 1986, but before December 31, |
20 |
| 1986,
to finance redevelopment project costs within a State |
21 |
| Sales Tax
Boundary, then the Net State Sales Tax Increment |
22 |
| means, for the fiscal years
beginning July 1, 1990, and July 1, |
23 |
| 1991, 100% of the State Sales Tax
Increment annually generated |
24 |
| within a State Sales Tax Boundary; and
notwithstanding any |
25 |
| other provision of this Act, for those fiscal years the
|
26 |
| Department of Revenue shall distribute to those municipalities |
|
|
|
HB2373 |
- 20 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| 100% of
their Net State Sales Tax Increment before any |
2 |
| distribution to any other
municipality and regardless of |
3 |
| whether or not those other municipalities
will receive 100% of |
4 |
| their Net State Sales Tax Increment. For Fiscal Year
1999, and |
5 |
| every year thereafter until the year 2007, for any municipality
|
6 |
| that has not entered into a contract or has not issued bonds |
7 |
| prior to June
1, 1988 to finance redevelopment project costs |
8 |
| within a State Sales Tax
Boundary, the Net State Sales Tax |
9 |
| Increment shall be calculated as follows:
By multiplying the |
10 |
| Net State Sales Tax Increment by 90% in the State Fiscal
Year |
11 |
| 1999; 80% in the State Fiscal Year 2000; 70% in the State |
12 |
| Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the |
13 |
| State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% |
14 |
| in the State Fiscal Year 2005; 20% in
the State Fiscal Year |
15 |
| 2006; and 10% in the State Fiscal Year 2007. No
payment shall |
16 |
| be made for State Fiscal Year 2008 and thereafter.
|
17 |
| Municipalities that issued bonds in connection with a |
18 |
| redevelopment project
in a redevelopment project area within |
19 |
| the State Sales Tax Boundary prior to
July 29, 1991,
or that |
20 |
| entered into contracts in connection with a redevelopment |
21 |
| project in
a redevelopment project area before June 1, 1988,
|
22 |
| shall continue to receive their proportional share of the
|
23 |
| Illinois Tax Increment Fund distribution until the date on |
24 |
| which the
redevelopment project is completed or terminated.
If, |
25 |
| however, a municipality that issued bonds in connection with a
|
26 |
| redevelopment project in a redevelopment project area within |
|
|
|
HB2373 |
- 21 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| the State Sales
Tax Boundary prior to July 29, 1991 retires the |
2 |
| bonds prior to June 30, 2007 or
a municipality that entered |
3 |
| into contracts in connection with a redevelopment
project in a |
4 |
| redevelopment project area before June 1, 1988 completes the
|
5 |
| contracts prior to June 30, 2007, then so long as the |
6 |
| redevelopment project is
not
completed or is not terminated, |
7 |
| the Net State Sales Tax Increment shall be
calculated, |
8 |
| beginning on the date on which the bonds are retired or the
|
9 |
| contracts are completed, as follows: By multiplying the Net |
10 |
| State Sales Tax
Increment by 60% in the State Fiscal Year
2002; |
11 |
| 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year |
12 |
| 2004; 30%
in the State Fiscal Year 2005; 20% in the State |
13 |
| Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No |
14 |
| payment shall be made for State Fiscal Year
2008 and |
15 |
| thereafter.
Refunding of any bonds issued
prior to July 29, |
16 |
| 1991, shall not alter the Net State Sales Tax Increment.
|
17 |
| (j) "State Utility Tax Increment Amount" means an amount |
18 |
| equal to the
aggregate increase in State electric and gas tax |
19 |
| charges imposed on owners
and tenants, other than residential |
20 |
| customers, of properties located within
the redevelopment |
21 |
| project area under Section 9-222 of the Public Utilities
Act, |
22 |
| over and above the aggregate of such charges as certified by |
23 |
| the
Department of Revenue and paid by owners and tenants, other |
24 |
| than
residential customers, of properties within the |
25 |
| redevelopment project area
during the base year, which shall be |
26 |
| the calendar year immediately prior to
the year of the adoption |
|
|
|
HB2373 |
- 22 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| of the ordinance authorizing tax increment allocation
|
2 |
| financing.
|
3 |
| (k) "Net State Utility Tax Increment" means the sum of the |
4 |
| following:
(a) 80% of the first $100,000 of State Utility Tax |
5 |
| Increment annually
generated by a redevelopment project area; |
6 |
| (b) 60% of the amount in excess
of $100,000 but not exceeding |
7 |
| $500,000 of the State Utility Tax Increment
annually generated |
8 |
| by a redevelopment project area; and (c) 40% of all
amounts in |
9 |
| excess of $500,000 of State Utility Tax Increment annually
|
10 |
| generated by a redevelopment project area. For the State Fiscal |
11 |
| Year 1999,
and every year thereafter until the year 2007, for |
12 |
| any municipality that
has not entered into a contract or has |
13 |
| not issued bonds prior to June 1,
1988 to finance redevelopment |
14 |
| project costs within a redevelopment project
area, the Net |
15 |
| State Utility Tax Increment shall be calculated as follows:
By |
16 |
| multiplying the Net State Utility Tax Increment by 90% in the |
17 |
| State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% |
18 |
| in the State
Fiscal Year 2001; 60% in the State Fiscal Year |
19 |
| 2002; 50% in the State
Fiscal Year 2003; 40% in the State |
20 |
| Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the |
21 |
| State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. |
22 |
| No payment shall be made for the State Fiscal Year 2008
and |
23 |
| thereafter.
|
24 |
| Municipalities that issue bonds in connection with the |
25 |
| redevelopment project
during the period from June 1, 1988 until |
26 |
| 3 years after the effective date
of this Amendatory Act of 1988 |
|
|
|
HB2373 |
- 23 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| shall receive the Net State Utility Tax
Increment, subject to |
2 |
| appropriation, for 15 State Fiscal Years after the
issuance of |
3 |
| such bonds. For the 16th through the 20th State Fiscal Years
|
4 |
| after issuance of the bonds, the Net State Utility Tax |
5 |
| Increment shall be
calculated as follows: By multiplying the |
6 |
| Net State Utility Tax Increment
by 90% in year 16; 80% in year |
7 |
| 17; 70% in year 18; 60% in year 19; and 50%
in year 20. |
8 |
| Refunding of any bonds issued prior to June 1, 1988, shall not
|
9 |
| alter the revised Net State Utility Tax Increment payments set |
10 |
| forth above.
|
11 |
| (l) "Obligations" mean bonds, loans, debentures, notes, |
12 |
| special certificates
or other evidence of indebtedness issued |
13 |
| by the municipality to carry out
a redevelopment project or to |
14 |
| refund outstanding obligations.
|
15 |
| (m) "Payment in lieu of taxes" means those estimated tax |
16 |
| revenues from
real property in a redevelopment project area |
17 |
| derived from real property that
has been acquired by a |
18 |
| municipality
which according to the redevelopment project or |
19 |
| plan is to be used for a
private use which taxing districts |
20 |
| would have received had a municipality
not acquired the real |
21 |
| property and adopted tax increment allocation
financing and |
22 |
| which would result from
levies made after the time of the |
23 |
| adoption of tax increment allocation
financing to the time the |
24 |
| current equalized value of real property in the
redevelopment |
25 |
| project area exceeds the total initial equalized value of
real |
26 |
| property in said area.
|
|
|
|
HB2373 |
- 24 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| (n) "Redevelopment plan" means the comprehensive program |
2 |
| of
the municipality for development or redevelopment intended |
3 |
| by the payment of
redevelopment project costs to reduce or |
4 |
| eliminate those conditions the
existence of which qualified the |
5 |
| redevelopment project area as
a "blighted
area" or |
6 |
| "conservation area" or combination thereof or "industrial park
|
7 |
| conservation area," and thereby to enhance the tax bases of the |
8 |
| taxing
districts which extend into the redevelopment project |
9 |
| area.
On and after November 1, 1999 (the effective date of
|
10 |
| Public Act 91-478), no
redevelopment plan may be approved or |
11 |
| amended that includes the development of
vacant land (i) with a |
12 |
| golf course and related clubhouse and other facilities
or (ii) |
13 |
| designated by federal, State, county, or municipal government |
14 |
| as public
land for outdoor recreational activities or for |
15 |
| nature preserves and used for
that purpose within 5
years prior |
16 |
| to the adoption of the redevelopment plan. For the purpose of
|
17 |
| this subsection, "recreational activities" is limited to mean |
18 |
| camping and
hunting.
Each
redevelopment plan shall set forth in |
19 |
| writing the program to be undertaken
to accomplish the |
20 |
| objectives and shall include but not be limited to:
|
21 |
| (A) an itemized list of estimated redevelopment |
22 |
| project costs;
|
23 |
| (B) evidence indicating that the redevelopment project |
24 |
| area on the whole
has not been subject to growth and |
25 |
| development through investment by private
enterprise;
|
26 |
| (C) an assessment of any financial impact of the |
|
|
|
HB2373 |
- 25 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| redevelopment project
area on or any increased demand for |
2 |
| services from any taxing district affected
by the plan and |
3 |
| any program to address such financial impact or increased
|
4 |
| demand;
|
5 |
| (D) the sources of funds to pay costs;
|
6 |
| (E) the nature and term of the obligations to be |
7 |
| issued;
|
8 |
| (F) the most recent equalized assessed valuation of the |
9 |
| redevelopment
project area;
|
10 |
| (G) an estimate as to the equalized assessed valuation |
11 |
| after redevelopment
and the general land uses to apply in |
12 |
| the redevelopment project area;
|
13 |
| (H) a commitment to fair employment practices and an |
14 |
| affirmative action
plan;
|
15 |
| (I) if it concerns an industrial park
conservation |
16 |
| area, the plan shall
also include a general description
of |
17 |
| any proposed developer, user and tenant of any property, a |
18 |
| description
of the type, structure and general character of |
19 |
| the facilities to be
developed, a description of the type, |
20 |
| class and number of new employees to
be employed in the |
21 |
| operation of the facilities to be developed; and
|
22 |
| (J) if property is to be annexed to the municipality, |
23 |
| the plan shall
include the terms of the annexation |
24 |
| agreement.
|
25 |
| The provisions of items (B) and (C) of this subsection (n) |
26 |
| shall not apply to
a municipality that before March 14, 1994 |
|
|
|
HB2373 |
- 26 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| (the effective date of Public Act
88-537) had fixed, either by |
2 |
| its
corporate authorities or by a commission designated under |
3 |
| subsection (k) of
Section 11-74.4-4, a time and place for a |
4 |
| public hearing as required by
subsection (a) of Section |
5 |
| 11-74.4-5.
No redevelopment plan shall be adopted unless a
|
6 |
| municipality complies with all of the following requirements:
|
7 |
| (1) The municipality finds that the redevelopment |
8 |
| project area on
the whole has not been subject to growth |
9 |
| and development through investment
by private enterprise |
10 |
| and would not reasonably be anticipated to be
developed |
11 |
| without the adoption of the redevelopment plan.
|
12 |
| (2) The municipality finds that the redevelopment plan |
13 |
| and project conform
to the comprehensive plan for the |
14 |
| development of the municipality as a whole,
or, for |
15 |
| municipalities with a population of 100,000 or more, |
16 |
| regardless of when
the redevelopment plan and project was |
17 |
| adopted, the redevelopment plan and
project either: (i) |
18 |
| conforms to the strategic economic development or
|
19 |
| redevelopment plan issued by the designated planning |
20 |
| authority of the
municipality, or (ii) includes land uses |
21 |
| that have been approved by the
planning commission of the |
22 |
| municipality.
|
23 |
| (3) The redevelopment plan establishes the estimated |
24 |
| dates of completion
of the redevelopment project and |
25 |
| retirement of obligations issued to finance
redevelopment |
26 |
| project costs. Those dates may not be later than the dates |
|
|
|
HB2373 |
- 27 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| set forth under Section 11-74.4-3.5. , or (DDD) (EEE), or |
2 |
| (FFF), or (GGG), or (HHH), or (III), or (JJJ), (KKK), (LLL) |
3 |
| (MMM), or (NNN) if the ordinance was adopted on December |
4 |
| 23, 1986 by the Village of Libertyville.
|
5 |
| A municipality may by municipal ordinance amend an |
6 |
| existing redevelopment
plan to conform to this paragraph |
7 |
| (3) as amended by Public Act 91-478, which
municipal |
8 |
| ordinance may be adopted without
further hearing or
notice |
9 |
| and without complying with the procedures provided in this |
10 |
| Act
pertaining to an amendment to or the initial approval |
11 |
| of a redevelopment plan
and project and
designation of a |
12 |
| redevelopment project area.
|
13 |
| (3.5) The municipality finds, in the case of an |
14 |
| industrial
park
conservation area, also that the |
15 |
| municipality is a labor surplus municipality
and that the |
16 |
| implementation of the redevelopment plan will reduce |
17 |
| unemployment,
create new jobs and by the provision of new |
18 |
| facilities enhance the tax base of
the taxing districts |
19 |
| that extend into the redevelopment project area.
|
20 |
| (4) If any incremental revenues are being utilized |
21 |
| under
Section 8(a)(1)
or 8(a)(2) of this Act in |
22 |
| redevelopment project areas approved by ordinance
after |
23 |
| January 1, 1986, the municipality finds: (a) that the |
24 |
| redevelopment
project area would not reasonably be |
25 |
| developed without the use of such
incremental revenues, and |
26 |
| (b) that such incremental revenues will be
exclusively |
|
|
|
HB2373 |
- 28 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| utilized for the development of the redevelopment project |
2 |
| area.
|
3 |
| (5) If
the redevelopment plan will not result in
|
4 |
| displacement of
residents from 10 or more inhabited |
5 |
| residential units, and the
municipality certifies in the |
6 |
| plan that
such displacement will not result from the plan, |
7 |
| a housing impact study
need not be performed.
If, however, |
8 |
| the redevelopment plan would result in the displacement
of
|
9 |
| residents from 10 or more inhabited
residential units,
or |
10 |
| if the redevelopment project area contains 75 or more |
11 |
| inhabited residential
units and no
certification is made,
|
12 |
| then the municipality shall prepare, as part of the |
13 |
| separate
feasibility report required by subsection (a) of |
14 |
| Section 11-74.4-5, a housing
impact study.
|
15 |
| Part I of the housing impact study shall include (i) |
16 |
| data as to whether
the residential units are single family |
17 |
| or multi-family units,
(ii) the number and type of rooms |
18 |
| within the units, if that information is
available, (iii) |
19 |
| whether
the
units are inhabited or uninhabited, as |
20 |
| determined not less than 45
days before the date that the |
21 |
| ordinance or resolution required
by subsection (a) of |
22 |
| Section 11-74.4-5 is passed, and (iv) data as to the
racial |
23 |
| and ethnic composition of the residents in the inhabited |
24 |
| residential
units. The data requirement as to the racial |
25 |
| and ethnic composition of the
residents in the inhabited |
26 |
| residential units shall be deemed to be fully
satisfied by |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| data from the most recent federal census.
|
2 |
| Part II of the housing impact study shall identify the |
3 |
| inhabited
residential units in the proposed redevelopment |
4 |
| project area that are to be or
may be removed. If inhabited |
5 |
| residential units are to be removed, then the
housing |
6 |
| impact study shall identify (i) the number and location of |
7 |
| those units
that will or may be removed, (ii) the |
8 |
| municipality's plans for relocation
assistance for those |
9 |
| residents in the proposed redevelopment project area
whose |
10 |
| residences are to be removed, (iii) the availability of |
11 |
| replacement
housing for those residents whose residences |
12 |
| are to be removed, and shall
identify the type, location, |
13 |
| and cost of the housing, and (iv) the type and
extent
of |
14 |
| relocation assistance to be provided.
|
15 |
| (6) On and after November 1, 1999, the
housing impact |
16 |
| study required by paragraph (5) shall be
incorporated in |
17 |
| the redevelopment plan for the
redevelopment project area.
|
18 |
| (7) On and after November 1, 1999, no
redevelopment |
19 |
| plan shall be adopted, nor an
existing plan amended, nor |
20 |
| shall residential housing that is
occupied by households of |
21 |
| low-income and very low-income
persons in currently |
22 |
| existing redevelopment project
areas be removed after |
23 |
| November 1, 1999 unless the redevelopment plan provides, |
24 |
| with
respect to inhabited housing units that are to be |
25 |
| removed for
households of low-income and very low-income |
26 |
| persons, affordable
housing and relocation assistance not |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| less than that which would
be provided under the federal |
2 |
| Uniform Relocation Assistance and
Real Property |
3 |
| Acquisition Policies Act of 1970 and the regulations
under |
4 |
| that Act, including the eligibility criteria.
Affordable |
5 |
| housing may be either existing or newly constructed
|
6 |
| housing. For purposes of this paragraph (7), "low-income
|
7 |
| households", "very low-income households", and "affordable
|
8 |
| housing" have the meanings set forth in the Illinois |
9 |
| Affordable
Housing Act.
The municipality shall make a good |
10 |
| faith effort to ensure that this affordable
housing is |
11 |
| located in or near the redevelopment project area within |
12 |
| the
municipality.
|
13 |
| (8) On and after November 1, 1999, if,
after the |
14 |
| adoption of the redevelopment plan for the
redevelopment |
15 |
| project area, any municipality desires to amend its
|
16 |
| redevelopment plan
to remove more inhabited residential |
17 |
| units than
specified in its original redevelopment plan, |
18 |
| that change shall be made in
accordance with the procedures |
19 |
| in subsection (c) of Section 11-74.4-5.
|
20 |
| (9) For redevelopment project areas designated prior |
21 |
| to November 1,
1999, the redevelopment plan may be amended |
22 |
| without further joint review board
meeting or hearing, |
23 |
| provided that the municipality shall give notice of any
|
24 |
| such changes by mail to each affected taxing district and |
25 |
| registrant on the
interested party registry, to authorize |
26 |
| the municipality to expend tax
increment revenues for |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| redevelopment project costs defined by paragraphs (5)
and |
2 |
| (7.5), subparagraphs (E) and (F) of paragraph (11), and |
3 |
| paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so |
4 |
| long as the changes do not increase the
total estimated |
5 |
| redevelopment project costs set out in the redevelopment |
6 |
| plan
by more than 5% after adjustment for inflation from |
7 |
| the date the plan was
adopted.
|
8 |
| (o) "Redevelopment project" means any public and private |
9 |
| development project
in furtherance of the objectives of a |
10 |
| redevelopment plan.
On and after November 1, 1999 (the |
11 |
| effective date of Public Act 91-478), no
redevelopment plan may |
12 |
| be approved or amended that includes the development
of vacant |
13 |
| land (i) with a golf course and related clubhouse and other
|
14 |
| facilities
or (ii) designated by federal, State, county, or |
15 |
| municipal government as public
land for outdoor recreational |
16 |
| activities or for nature preserves and used for
that purpose |
17 |
| within 5
years prior to the adoption of the redevelopment plan. |
18 |
| For the purpose of
this subsection, "recreational activities" |
19 |
| is limited to mean camping and
hunting.
|
20 |
| (p) "Redevelopment project area" means an area designated |
21 |
| by
the
municipality, which is not less in the aggregate than 1 |
22 |
| 1/2 acres and in
respect to which the municipality has made a |
23 |
| finding that there exist
conditions which cause the area to be |
24 |
| classified as an industrial park
conservation area or a |
25 |
| blighted area or a conservation area, or a
combination of both |
26 |
| blighted areas and conservation areas.
|
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| (q) "Redevelopment project costs" mean and include the sum |
2 |
| total of all
reasonable or necessary costs incurred or |
3 |
| estimated to be incurred, and
any such costs incidental to a |
4 |
| redevelopment plan and a redevelopment
project. Such costs |
5 |
| include, without limitation, the following:
|
6 |
| (1) Costs of studies, surveys, development of plans, |
7 |
| and
specifications, implementation and administration of |
8 |
| the redevelopment
plan including but not limited to staff |
9 |
| and professional service costs for
architectural, |
10 |
| engineering, legal, financial, planning or other
services, |
11 |
| provided however that no charges for professional services |
12 |
| may be
based on a percentage of the tax increment |
13 |
| collected; except that on and
after November 1, 1999 (the |
14 |
| effective date of Public Act 91-478), no
contracts for
|
15 |
| professional services, excluding architectural and |
16 |
| engineering services, may be
entered into if the terms of |
17 |
| the contract extend
beyond a period of 3 years. In |
18 |
| addition, "redevelopment project costs" shall
not include |
19 |
| lobbying expenses.
After consultation with the |
20 |
| municipality, each tax
increment consultant or advisor to a |
21 |
| municipality that plans to designate or
has designated a |
22 |
| redevelopment project area shall inform the municipality |
23 |
| in
writing of any contracts that the consultant or advisor |
24 |
| has entered into with
entities or individuals that have |
25 |
| received, or are receiving, payments financed
by tax
|
26 |
| increment revenues produced by the redevelopment project |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| area with respect to
which the consultant or advisor has |
2 |
| performed, or will be performing, service
for the
|
3 |
| municipality. This requirement shall be satisfied by the |
4 |
| consultant or advisor
before the commencement of services |
5 |
| for the municipality and thereafter
whenever any other |
6 |
| contracts with those individuals or entities are executed |
7 |
| by
the consultant or advisor;
|
8 |
| (1.5) After July 1, 1999, annual administrative costs |
9 |
| shall
not include general overhead or
administrative costs |
10 |
| of the municipality
that would still have been incurred by |
11 |
| the municipality if the municipality had
not
designated a |
12 |
| redevelopment project area or approved a redevelopment |
13 |
| plan;
|
14 |
| (1.6) The cost of
marketing sites within the |
15 |
| redevelopment project area to prospective
businesses, |
16 |
| developers, and investors;
|
17 |
| (2) Property assembly costs, including but not limited |
18 |
| to acquisition
of land and other property, real or |
19 |
| personal, or rights or interests therein,
demolition of |
20 |
| buildings, site preparation, site improvements that serve |
21 |
| as an
engineered barrier addressing ground level or below |
22 |
| ground environmental
contamination, including, but not |
23 |
| limited to parking lots and other concrete
or asphalt |
24 |
| barriers, and the clearing and grading of
land;
|
25 |
| (3) Costs of rehabilitation, reconstruction or repair |
26 |
| or remodeling of
existing public or private buildings, |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| fixtures, and leasehold
improvements; and the cost of |
2 |
| replacing
an existing public building if pursuant to the |
3 |
| implementation of a
redevelopment project the existing |
4 |
| public building is to be demolished to use
the site for |
5 |
| private investment or
devoted to a different use requiring |
6 |
| private investment;
|
7 |
| (4) Costs of the construction of public works or |
8 |
| improvements, except
that on and after November 1, 1999,
|
9 |
| redevelopment
project costs shall not include the cost of |
10 |
| constructing a
new municipal public building principally |
11 |
| used to provide
offices, storage space, or conference |
12 |
| facilities or vehicle storage,
maintenance, or repair for |
13 |
| administrative,
public safety, or public works personnel
|
14 |
| and that is not intended to replace an existing
public |
15 |
| building as provided under paragraph (3) of subsection (q) |
16 |
| of Section
11-74.4-3
unless either (i) the construction of |
17 |
| the new municipal building
implements a redevelopment |
18 |
| project that was included in a redevelopment plan
that was |
19 |
| adopted by the municipality prior to November 1, 1999 or |
20 |
| (ii) the
municipality makes a reasonable
determination in |
21 |
| the redevelopment plan, supported by information that |
22 |
| provides
the basis for that determination, that the new |
23 |
| municipal building is required
to meet an increase in the |
24 |
| need for public safety purposes anticipated to
result from |
25 |
| the implementation of the redevelopment plan;
|
26 |
| (5) Costs of job training and retraining projects, |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| including the cost of
"welfare to work" programs |
2 |
| implemented by businesses located within the
redevelopment |
3 |
| project area;
|
4 |
| (6) Financing costs, including but not limited to all |
5 |
| necessary and
incidental expenses related to the issuance |
6 |
| of obligations and which may
include payment of interest on |
7 |
| any obligations issued hereunder including
interest |
8 |
| accruing
during the estimated period of construction of any |
9 |
| redevelopment project
for which such obligations are |
10 |
| issued and for not exceeding 36 months
thereafter and |
11 |
| including reasonable reserves related thereto;
|
12 |
| (7) To the extent the municipality by written agreement |
13 |
| accepts and
approves
the same, all or a portion of a taxing |
14 |
| district's capital costs resulting
from the redevelopment |
15 |
| project necessarily incurred or to be incurred within a
|
16 |
| taxing district in
furtherance of the objectives of the |
17 |
| redevelopment plan and project.
|
18 |
| (7.5) For redevelopment project areas designated (or |
19 |
| redevelopment
project areas amended to add or increase the |
20 |
| number of
tax-increment-financing assisted housing units) |
21 |
| on or after November 1,
1999,
an elementary, secondary,
or |
22 |
| unit school
district's increased costs attributable to |
23 |
| assisted housing units located
within the
redevelopment |
24 |
| project area for which the developer or redeveloper |
25 |
| receives
financial assistance through an agreement with |
26 |
| the municipality or because the
municipality incurs the |
|
|
|
HB2373 |
- 36 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| cost of necessary infrastructure improvements within
the |
2 |
| boundaries of the assisted housing sites necessary for the |
3 |
| completion of
that housing
as authorized by this Act, and |
4 |
| which costs shall be paid by the municipality
from the |
5 |
| Special Tax Allocation Fund when the tax increment revenue |
6 |
| is received
as a result of the assisted housing units and |
7 |
| shall be calculated annually as
follows:
|
8 |
| (A) for foundation districts, excluding any school |
9 |
| district in a
municipality with a population in excess |
10 |
| of 1,000,000, by multiplying the
district's increase |
11 |
| in attendance resulting from the net increase in new
|
12 |
| students enrolled in that school district who reside in |
13 |
| housing units within
the redevelopment project area |
14 |
| that have received financial assistance through
an |
15 |
| agreement with the municipality or because the |
16 |
| municipality incurs the cost
of necessary |
17 |
| infrastructure improvements within the boundaries of |
18 |
| the housing
sites necessary for the completion of that |
19 |
| housing as authorized by this Act
since the designation |
20 |
| of the redevelopment project area by the most recently
|
21 |
| available per capita tuition cost as defined in Section |
22 |
| 10-20.12a of the School
Code less any increase in |
23 |
| general State aid as defined in Section 18-8.05 of
the |
24 |
| School Code attributable to these added new students |
25 |
| subject to the
following annual limitations:
|
26 |
| (i) for unit school districts with a district |
|
|
|
HB2373 |
- 37 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| average 1995-96 Per
Capita
Tuition Charge of less |
2 |
| than $5,900, no more than 25% of the total amount |
3 |
| of
property tax increment revenue produced by |
4 |
| those housing units that have
received tax |
5 |
| increment finance assistance under this Act;
|
6 |
| (ii) for elementary school districts with a |
7 |
| district average 1995-96
Per
Capita Tuition Charge |
8 |
| of less than $5,900, no more than 17% of the total |
9 |
| amount
of property tax increment revenue produced |
10 |
| by those housing units that have
received tax |
11 |
| increment finance assistance under this Act; and
|
12 |
| (iii) for secondary school districts with a |
13 |
| district average 1995-96
Per
Capita Tuition Charge |
14 |
| of less than $5,900, no more than 8% of the total |
15 |
| amount
of property tax increment revenue produced |
16 |
| by those housing units that have
received tax |
17 |
| increment finance assistance under this Act.
|
18 |
| (B) For alternate method districts, flat grant |
19 |
| districts, and foundation
districts with a district |
20 |
| average 1995-96 Per Capita Tuition Charge equal to or
|
21 |
| more than $5,900, excluding any school district with a |
22 |
| population in excess of
1,000,000, by multiplying the |
23 |
| district's increase in attendance
resulting
from the |
24 |
| net increase in new students enrolled in that school |
25 |
| district who
reside in
housing units within the |
26 |
| redevelopment project area that have received
|
|
|
|
HB2373 |
- 38 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| financial assistance through an agreement with the |
2 |
| municipality or because the
municipality incurs the |
3 |
| cost of necessary infrastructure improvements within
|
4 |
| the boundaries of the housing sites necessary for the |
5 |
| completion of that
housing as authorized by this Act |
6 |
| since the designation of the redevelopment
project |
7 |
| area by the most recently available per capita tuition |
8 |
| cost as defined
in Section 10-20.12a of the School Code |
9 |
| less any increase in general state aid
as defined in |
10 |
| Section 18-8.05 of the School Code attributable to |
11 |
| these added
new students subject to the following |
12 |
| annual limitations:
|
13 |
| (i) for unit school districts, no more than 40% |
14 |
| of the total amount of
property tax increment |
15 |
| revenue produced by those housing units that have
|
16 |
| received tax increment finance assistance under |
17 |
| this Act;
|
18 |
| (ii) for elementary school districts, no more |
19 |
| than 27% of the total
amount
of property tax |
20 |
| increment revenue produced by those housing units |
21 |
| that have
received tax increment finance |
22 |
| assistance under this Act; and
|
23 |
| (iii) for secondary school districts, no more |
24 |
| than 13% of the total
amount
of property tax |
25 |
| increment revenue produced by those housing units |
26 |
| that have
received tax increment finance |
|
|
|
HB2373 |
- 39 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| assistance under this Act.
|
2 |
| (C) For any school district in a municipality with |
3 |
| a population in
excess of
1,000,000, the following |
4 |
| restrictions shall apply to the
reimbursement of |
5 |
| increased costs under this paragraph (7.5):
|
6 |
| (i) no increased costs shall be reimbursed |
7 |
| unless the school district
certifies that each of |
8 |
| the schools affected by the assisted housing |
9 |
| project
is at or over its student capacity;
|
10 |
| (ii) the amount reimbursable shall be reduced |
11 |
| by the value of any
land
donated to the school |
12 |
| district by the municipality or developer, and by |
13 |
| the
value of any physical improvements made to the |
14 |
| schools by the
municipality or developer; and
|
15 |
| (iii) the amount reimbursed may not affect |
16 |
| amounts otherwise obligated
by
the terms of any |
17 |
| bonds, notes, or other funding instruments, or the |
18 |
| terms of
any redevelopment agreement.
|
19 |
| Any school district seeking payment under this |
20 |
| paragraph (7.5) shall,
after July 1 and before |
21 |
| September 30 of each year,
provide the municipality |
22 |
| with reasonable evidence to support its claim for
|
23 |
| reimbursement before the municipality shall be |
24 |
| required to approve or make
the payment to the school |
25 |
| district. If the school district fails to provide
the |
26 |
| information during this period in any year, it shall |
|
|
|
HB2373 |
- 40 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| forfeit any claim to
reimbursement for that year. |
2 |
| School districts may adopt a resolution
waiving the |
3 |
| right to all or a portion of the reimbursement |
4 |
| otherwise required
by this paragraph
(7.5). By |
5 |
| acceptance of this reimbursement the school
district |
6 |
| waives the right to directly or indirectly set aside, |
7 |
| modify, or
contest in any manner the establishment of |
8 |
| the redevelopment project area or
projects;
|
9 |
| (7.7) For redevelopment project areas designated (or |
10 |
| redevelopment
project areas amended to add or increase the |
11 |
| number of
tax-increment-financing assisted housing units) |
12 |
| on or after
January 1, 2005 (the effective date of Public |
13 |
| Act 93-961),
a public library
district's increased costs |
14 |
| attributable to assisted housing units located
within the
|
15 |
| redevelopment project area for which the developer or |
16 |
| redeveloper receives
financial assistance through an |
17 |
| agreement with the municipality or because the
|
18 |
| municipality incurs the cost of necessary infrastructure |
19 |
| improvements within
the boundaries of the assisted housing |
20 |
| sites necessary for the completion of
that housing
as |
21 |
| authorized by this Act shall be paid to the library |
22 |
| district by the
municipality
from the Special Tax |
23 |
| Allocation Fund when the tax increment revenue is received
|
24 |
| as a result of the assisted housing units. This paragraph |
25 |
| (7.7) applies only if (i) the library district is located |
26 |
| in a county that is subject to the Property Tax Extension |
|
|
|
HB2373 |
- 41 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| Limitation Law or (ii) the library district is not located |
2 |
| in a county that is subject to the Property Tax Extension |
3 |
| Limitation Law but the district is prohibited by any other |
4 |
| law from increasing its tax levy rate without a prior voter |
5 |
| referendum.
|
6 |
| The amount paid to a library district under this |
7 |
| paragraph (7.7) shall be
calculated
by multiplying (i) the |
8 |
| net increase in the number of persons eligible to obtain
a
|
9 |
| library card
in that district who reside in housing units |
10 |
| within
the redevelopment project area that have received |
11 |
| financial assistance through
an agreement with the |
12 |
| municipality or because the municipality incurs the cost
of |
13 |
| necessary infrastructure improvements within the |
14 |
| boundaries of the housing
sites necessary for the |
15 |
| completion of that housing as authorized by this Act
since |
16 |
| the designation of the redevelopment project area by (ii)
|
17 |
| the per-patron cost of providing library services so long |
18 |
| as it does not exceed $120.
The per-patron cost shall be |
19 |
| the Total Operating Expenditures Per Capita as stated in |
20 |
| the most recent Illinois Public Library Statistics |
21 |
| produced by the Library Research Center at the University |
22 |
| of Illinois.
The municipality may deduct from the amount |
23 |
| that it must pay to a library district under this paragraph |
24 |
| any amount that it has voluntarily paid to the library |
25 |
| district from the tax increment revenue. The amount paid to |
26 |
| a library district under this paragraph (7.7) shall be no
|
|
|
|
HB2373 |
- 42 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| more
than 2% of the amount produced by the assisted housing |
2 |
| units and deposited into the Special Tax Allocation Fund.
|
3 |
| A library district is not eligible for any payment |
4 |
| under this paragraph
(7.7)
unless the library district has |
5 |
| experienced an increase in the
number of patrons from the |
6 |
| municipality that created the tax-increment-financing |
7 |
| district since the designation of the redevelopment |
8 |
| project area.
|
9 |
| Any library district seeking payment under this |
10 |
| paragraph (7.7) shall,
after July 1 and before September 30 |
11 |
| of each year,
provide the municipality with convincing |
12 |
| evidence to support its claim for
reimbursement before the |
13 |
| municipality shall be required to approve or make
the |
14 |
| payment to the library district. If the library district |
15 |
| fails to provide
the information during this period in any |
16 |
| year, it shall forfeit any claim to
reimbursement for that |
17 |
| year. Library districts may adopt a resolution
waiving the |
18 |
| right to all or a portion of the reimbursement otherwise |
19 |
| required by this paragraph (7.7). By acceptance of such |
20 |
| reimbursement, the library district shall forfeit any |
21 |
| right to directly or indirectly set aside, modify, or |
22 |
| contest in any manner whatsoever the establishment of the |
23 |
| redevelopment project area or
projects;
|
24 |
| (8) Relocation costs to the extent that a municipality |
25 |
| determines that
relocation costs shall be paid or is |
26 |
| required to make payment of relocation
costs by federal or |
|
|
|
HB2373 |
- 43 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| State law or in order to satisfy subparagraph (7) of
|
2 |
| subsection (n);
|
3 |
| (9) Payment in lieu of taxes;
|
4 |
| (10) Costs of job training, retraining, advanced |
5 |
| vocational education
or career
education, including but |
6 |
| not limited to courses in occupational,
semi-technical or |
7 |
| technical fields leading directly to employment, incurred
|
8 |
| by one or more taxing districts, provided that such costs |
9 |
| (i) are related
to the establishment and maintenance of |
10 |
| additional job training, advanced
vocational education or |
11 |
| career education programs for persons employed or
to be |
12 |
| employed by employers located in a redevelopment project |
13 |
| area; and
(ii) when incurred by a taxing district or taxing |
14 |
| districts other than the
municipality, are set forth in a |
15 |
| written agreement by or among the
municipality and the |
16 |
| taxing district or taxing districts, which agreement
|
17 |
| describes the program to be undertaken, including but not |
18 |
| limited to the
number of employees to be trained, a |
19 |
| description of the training and
services to be provided, |
20 |
| the number and type of positions available or to
be |
21 |
| available, itemized costs of the program and sources of |
22 |
| funds to pay for the
same, and the term of the agreement. |
23 |
| Such costs include, specifically, the
payment by community |
24 |
| college districts of costs pursuant to Sections 3-37,
3-38, |
25 |
| 3-40 and 3-40.1 of the Public Community College Act and by |
26 |
| school
districts of costs pursuant to Sections 10-22.20a |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| and 10-23.3a of The School
Code;
|
2 |
| (11) Interest cost incurred by a redeveloper related to |
3 |
| the
construction, renovation or rehabilitation of a |
4 |
| redevelopment project
provided that:
|
5 |
| (A) such costs are to be paid directly from the |
6 |
| special tax
allocation fund established pursuant to |
7 |
| this Act;
|
8 |
| (B) such payments in any one year may not exceed |
9 |
| 30% of the annual
interest costs incurred by the |
10 |
| redeveloper with regard to the redevelopment
project |
11 |
| during that year;
|
12 |
| (C) if there are not sufficient funds available in |
13 |
| the special tax
allocation fund to make the payment |
14 |
| pursuant to this paragraph (11) then
the amounts so due |
15 |
| shall accrue and be payable when sufficient funds are
|
16 |
| available in the special tax allocation fund;
|
17 |
| (D) the total of such interest payments paid |
18 |
| pursuant to this Act
may not exceed 30% of the total |
19 |
| (i) cost paid or incurred by the
redeveloper for the |
20 |
| redevelopment project plus (ii) redevelopment project
|
21 |
| costs excluding any property assembly costs and any |
22 |
| relocation costs
incurred by a municipality pursuant |
23 |
| to this Act; and
|
24 |
| (E) the cost limits set forth in subparagraphs (B) |
25 |
| and (D) of
paragraph (11) shall be modified for the |
26 |
| financing of rehabilitated or
new housing units for |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| low-income households and very low-income households, |
2 |
| as
defined in
Section 3 of the Illinois Affordable |
3 |
| Housing Act. The percentage of
75% shall be substituted |
4 |
| for 30% in subparagraphs (B) and (D) of
paragraph (11).
|
5 |
| (F) Instead of the eligible costs provided by |
6 |
| subparagraphs (B) and (D)
of
paragraph (11), as |
7 |
| modified by this subparagraph, and notwithstanding
any |
8 |
| other provisions of this Act to the contrary, the |
9 |
| municipality may
pay from tax increment revenues up to |
10 |
| 50% of the cost of construction
of new housing units to |
11 |
| be occupied by low-income households and very
|
12 |
| low-income
households as defined in Section 3 of the |
13 |
| Illinois Affordable Housing
Act. The cost of |
14 |
| construction of those units may be derived from the
|
15 |
| proceeds of bonds issued by the municipality under this |
16 |
| Act or
other constitutional or statutory authority or |
17 |
| from other sources of
municipal revenue that may be |
18 |
| reimbursed from tax increment
revenues or the proceeds |
19 |
| of bonds issued to finance the construction
of that |
20 |
| housing.
|
21 |
| The eligible costs provided under this |
22 |
| subparagraph (F) of paragraph (11)
shall
be
an eligible |
23 |
| cost for the construction, renovation, and |
24 |
| rehabilitation of all
low and very low-income housing |
25 |
| units, as defined in Section 3 of the Illinois
|
26 |
| Affordable Housing Act, within the redevelopment |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| project area. If the low and
very
low-income units are |
2 |
| part of a residential redevelopment project that |
3 |
| includes
units not affordable to low and very |
4 |
| low-income households, only the low and
very |
5 |
| low-income units shall be eligible for benefits under |
6 |
| subparagraph (F) of
paragraph (11).
The standards for |
7 |
| maintaining the occupancy
by low-income households and |
8 |
| very low-income households,
as
defined in Section 3 of |
9 |
| the Illinois Affordable Housing Act,
of those units |
10 |
| constructed with eligible costs made available under |
11 |
| the
provisions of
this subparagraph (F) of paragraph |
12 |
| (11)
shall be
established by guidelines adopted by the |
13 |
| municipality. The
responsibility for annually |
14 |
| documenting the initial occupancy of
the units by |
15 |
| low-income households and very low-income households, |
16 |
| as defined
in
Section 3
of the Illinois Affordable |
17 |
| Housing Act, shall be that of the then current
owner of |
18 |
| the property.
For ownership units, the guidelines will |
19 |
| provide, at a minimum, for a
reasonable recapture of |
20 |
| funds, or other appropriate methods designed to
|
21 |
| preserve the original affordability of the ownership |
22 |
| units. For rental units,
the guidelines will provide, |
23 |
| at a minimum, for the affordability of rent to low
and |
24 |
| very low-income households. As units become available, |
25 |
| they shall be
rented to income-eligible tenants.
The |
26 |
| municipality may modify these
guidelines from time to |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| time; the guidelines, however, shall be in effect
for |
2 |
| as long as tax increment revenue is being used to pay |
3 |
| for costs
associated with the units or for the |
4 |
| retirement of bonds issued to finance
the units or for |
5 |
| the life of the redevelopment project area, whichever |
6 |
| is
later.
|
7 |
| (11.5) If the redevelopment project area is located |
8 |
| within a municipality
with a population of more than 10,000 |
9 |
| 100,000 , the cost of day care services for
children of |
10 |
| employees from
low-income
families working for businesses |
11 |
| located within the redevelopment project area
and all or a
|
12 |
| portion of the cost of operation of day care centers |
13 |
| established by
redevelopment project
area businesses to |
14 |
| serve employees from low-income families working in
|
15 |
| businesses
located in the redevelopment project area. For |
16 |
| the purposes of this paragraph,
"low-income families" |
17 |
| means families whose annual income does not exceed 80% of
|
18 |
| the
municipal, county, or regional median income, adjusted |
19 |
| for family size, as the
annual
income and municipal, |
20 |
| county, or regional median income are determined from
time |
21 |
| to
time by the United States Department of Housing and |
22 |
| Urban Development.
|
23 |
| (12) Unless explicitly stated herein the cost of |
24 |
| construction of new
privately-owned buildings shall not be |
25 |
| an eligible redevelopment project cost.
|
26 |
| (13) After November 1, 1999 (the effective date of |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| Public Act
91-478), none of
the
redevelopment project costs |
2 |
| enumerated in this subsection shall be eligible
|
3 |
| redevelopment project costs if those costs would provide |
4 |
| direct financial
support to a
retail entity initiating |
5 |
| operations in the
redevelopment project area while
|
6 |
| terminating operations at another Illinois location within |
7 |
| 10 miles of the
redevelopment project area but outside the |
8 |
| boundaries of the redevelopment
project area municipality. |
9 |
| For
purposes of this paragraph, termination means a
closing |
10 |
| of a retail operation that is directly related to the |
11 |
| opening of the
same operation or like retail entity owned |
12 |
| or operated by more than 50% of the
original ownership in a |
13 |
| redevelopment project area, but
it does not mean
closing an |
14 |
| operation for reasons beyond the control of the
retail |
15 |
| entity, as
documented by the retail entity, subject to a |
16 |
| reasonable finding by the
municipality that the current |
17 |
| location contained inadequate space, had become
|
18 |
| economically obsolete, or was no longer a viable location |
19 |
| for the retailer or
serviceman.
|
20 |
| (14) No cost shall be a redevelopment project cost in a |
21 |
| redevelopment project area if used to demolish, remove, or |
22 |
| substantially modify a historic resource, after August 26, |
23 |
| 2008 ( the effective date of Public Act 95-934)
this |
24 |
| amendatory Act of the 95th General Assembly , unless no |
25 |
| prudent and feasible alternative exists. "Historic |
26 |
| resource" for the purpose of this item (14) means (i) a |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| place or structure that is included or eligible for |
2 |
| inclusion on the National Register of Historic Places or |
3 |
| (ii) a contributing structure in a district on the National |
4 |
| Register of Historic Places. This item (14) does not apply |
5 |
| to a place or structure for which demolition, removal, or |
6 |
| modification is subject to review by the preservation |
7 |
| agency of a Certified Local Government designated as such |
8 |
| by the National Park Service of the United States |
9 |
| Department of the Interior. |
10 |
| If a special service area has been established pursuant to
|
11 |
| the Special Service Area Tax Act or Special Service Area Tax |
12 |
| Law, then any
tax increment revenues derived
from the tax |
13 |
| imposed pursuant to the Special Service Area Tax Act or Special
|
14 |
| Service Area Tax Law may
be used within the redevelopment |
15 |
| project area for the purposes permitted by
that Act or Law as |
16 |
| well as the purposes permitted by this Act.
|
17 |
| (r) "State Sales Tax Boundary" means the redevelopment |
18 |
| project area or
the amended redevelopment project area |
19 |
| boundaries which are determined
pursuant to subsection (9) of |
20 |
| Section 11-74.4-8a of this
Act. The Department of Revenue shall |
21 |
| certify pursuant to subsection (9) of
Section 11-74.4-8a the |
22 |
| appropriate boundaries eligible for the
determination of State |
23 |
| Sales Tax Increment.
|
24 |
| (s) "State Sales Tax Increment" means an amount equal to |
25 |
| the increase
in the aggregate amount of taxes paid by retailers |
26 |
| and servicemen, other
than retailers and servicemen subject to |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| the Public Utilities Act,
on transactions at places of business |
2 |
| located within a State Sales Tax
Boundary pursuant to the |
3 |
| Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use |
4 |
| Tax Act, and the Service Occupation Tax Act, except such
|
5 |
| portion of such increase that is paid into the State and Local |
6 |
| Sales Tax
Reform Fund, the Local Government Distributive Fund, |
7 |
| the Local
Government Tax Fund and the County and Mass Transit |
8 |
| District Fund, for as
long as State participation exists, over |
9 |
| and above the Initial Sales Tax
Amounts, Adjusted Initial Sales |
10 |
| Tax Amounts or the Revised Initial Sales
Tax Amounts for such |
11 |
| taxes as certified by the Department of Revenue and
paid under |
12 |
| those Acts by retailers and servicemen on transactions at |
13 |
| places
of business located within the State Sales Tax Boundary |
14 |
| during the base
year which shall be the calendar year |
15 |
| immediately prior to the year in
which the municipality adopted |
16 |
| tax increment allocation financing, less
3.0% of such amounts |
17 |
| generated under the Retailers' Occupation Tax Act, Use
Tax Act |
18 |
| and Service Use Tax Act and the Service Occupation Tax Act, |
19 |
| which
sum shall be appropriated to the Department of Revenue to |
20 |
| cover its costs
of administering and enforcing this Section. |
21 |
| For purposes of computing the
aggregate amount of such taxes |
22 |
| for base years occurring prior to 1985, the
Department of |
23 |
| Revenue shall compute the Initial Sales Tax Amount for such
|
24 |
| taxes and deduct therefrom an amount equal to 4% of the |
25 |
| aggregate amount of
taxes per year for each year the base year |
26 |
| is prior to 1985, but not to
exceed a total deduction of 12%. |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| The amount so determined shall be known
as the "Adjusted |
2 |
| Initial Sales Tax Amount". For purposes of determining the
|
3 |
| State Sales Tax Increment the Department of Revenue shall for |
4 |
| each period
subtract from the tax amounts received from |
5 |
| retailers and servicemen on
transactions located in the State |
6 |
| Sales Tax Boundary, the certified Initial
Sales Tax Amounts, |
7 |
| Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax |
8 |
| Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
|
9 |
| the Service Use Tax Act and the Service Occupation Tax Act. For |
10 |
| the State
Fiscal Year 1989 this calculation shall be made by |
11 |
| utilizing the calendar
year 1987 to determine the tax amounts |
12 |
| received. For the State Fiscal Year
1990, this calculation |
13 |
| shall be made by utilizing the period from January
1, 1988, |
14 |
| until September 30, 1988, to determine the tax amounts received
|
15 |
| from retailers and servicemen, which shall have deducted |
16 |
| therefrom
nine-twelfths of the certified Initial Sales Tax |
17 |
| Amounts, Adjusted Initial
Sales Tax Amounts or the Revised |
18 |
| Initial Sales Tax Amounts as appropriate.
For the State Fiscal |
19 |
| Year 1991, this calculation shall be made by utilizing
the |
20 |
| period from October 1, 1988, until June 30, 1989, to determine |
21 |
| the tax
amounts received from retailers and servicemen, which |
22 |
| shall have
deducted therefrom nine-twelfths of the certified |
23 |
| Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax |
24 |
| Amounts or the Revised Initial Sales
Tax Amounts as |
25 |
| appropriate. For every State Fiscal Year thereafter, the
|
26 |
| applicable period shall be the 12 months beginning July 1 and |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| ending on
June 30, to determine the tax amounts received which |
2 |
| shall have deducted
therefrom the certified Initial Sales Tax |
3 |
| Amounts, Adjusted Initial Sales
Tax Amounts or the Revised |
4 |
| Initial Sales Tax Amounts. Municipalities
intending to receive |
5 |
| a distribution of State Sales Tax Increment must
report a list |
6 |
| of retailers to the Department of Revenue by October 31, 1988
|
7 |
| and by July 31, of each year thereafter.
|
8 |
| (t) "Taxing districts" means counties, townships, cities |
9 |
| and incorporated
towns and villages, school, road, park, |
10 |
| sanitary, mosquito abatement, forest
preserve, public health, |
11 |
| fire protection, river conservancy, tuberculosis
sanitarium |
12 |
| and any other municipal corporations or districts with the |
13 |
| power
to levy taxes.
|
14 |
| (u) "Taxing districts' capital costs" means those costs of |
15 |
| taxing districts
for capital improvements that are found by the |
16 |
| municipal corporate authorities
to be necessary and directly |
17 |
| result from the redevelopment project.
|
18 |
| (v) As used in subsection (a) of Section 11-74.4-3 of this
|
19 |
| Act, "vacant
land" means any parcel or combination of parcels |
20 |
| of real property without
industrial, commercial, and |
21 |
| residential buildings which has not been used
for commercial |
22 |
| agricultural purposes within 5 years prior to the
designation |
23 |
| of the redevelopment project area, unless the parcel
is |
24 |
| included in an industrial park conservation area or the parcel |
25 |
| has
been subdivided; provided that if the parcel was part of a |
26 |
| larger tract that
has been divided into 3 or more smaller |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| tracts that were accepted for
recording during the period from |
2 |
| 1950 to 1990, then the parcel shall be deemed
to have been |
3 |
| subdivided, and all proceedings and actions of the municipality
|
4 |
| taken in that connection with respect to any previously |
5 |
| approved or designated
redevelopment project area or amended |
6 |
| redevelopment project area are hereby
validated and hereby |
7 |
| declared to be legally sufficient for all purposes of this
Act.
|
8 |
| For purposes of this Section and only for land subject to
the |
9 |
| subdivision requirements of the Plat Act, land is subdivided |
10 |
| when the
original plat of
the proposed Redevelopment Project |
11 |
| Area or relevant portion thereof has
been
properly certified, |
12 |
| acknowledged, approved, and recorded or filed in accordance
|
13 |
| with the Plat Act and a preliminary plat, if any, for any |
14 |
| subsequent phases of
the
proposed Redevelopment Project Area or |
15 |
| relevant portion thereof has been
properly approved and filed |
16 |
| in accordance with the applicable ordinance of the
|
17 |
| municipality.
|
18 |
| (w) "Annual Total Increment" means the sum of each |
19 |
| municipality's
annual Net Sales Tax Increment and each |
20 |
| municipality's annual Net Utility
Tax Increment. The ratio of |
21 |
| the Annual Total Increment of each
municipality to the Annual |
22 |
| Total Increment for all municipalities, as most
recently |
23 |
| calculated by the Department, shall determine the proportional
|
24 |
| shares of the Illinois Tax Increment Fund to be distributed to |
25 |
| each
municipality.
|
26 |
| (Source: P.A. 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; |
|
|
|
HB2373 |
- 54 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. |
2 |
| 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff. |
3 |
| 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, |
4 |
| eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07; |
5 |
| 94-1092, eff. 1-26-07; 95-15, eff. 7-16-07; 95-164, eff. |
6 |
| 1-1-08; 95-331, eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, |
7 |
| eff. 8-27-07; 95-653, eff. 1-1-08; 95-662, eff. 10-11-07; |
8 |
| 95-683, eff. 10-19-07; 95-709, eff. 1-29-08; 95-876, eff. |
9 |
| 8-21-08; 95-932, eff. 8-26-08; 95-934, eff. 8-26-08; 95-964, |
10 |
| eff. 9-23-08; 95-977, eff. 9-22-08; revised 10-16-08.) |
11 |
| (Text of Section after amendment by P.A. 95-1028 ) |
12 |
| Sec. 11-74.4-3. Definitions. The following terms, wherever |
13 |
| used or
referred to in this Division 74.4 shall have the |
14 |
| following respective meanings,
unless in any case a different |
15 |
| meaning clearly appears from the context.
|
16 |
| (a) For any redevelopment project area that has been |
17 |
| designated pursuant
to this
Section by an ordinance adopted |
18 |
| prior to November 1, 1999 (the effective
date of Public Act
|
19 |
| 91-478), "blighted area" shall have the meaning set
forth in |
20 |
| this Section
prior to that date.
|
21 |
| On and after November 1, 1999,
"blighted area" means any |
22 |
| improved or vacant area within the boundaries
of a |
23 |
| redevelopment project area located within the territorial |
24 |
| limits of
the municipality where:
|
25 |
| (1) If improved, industrial, commercial, and |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| residential buildings or
improvements are detrimental to |
2 |
| the public safety, health, or welfare
because of a |
3 |
| combination of 5 or more of the following factors, each of |
4 |
| which
is (i) present, with that presence documented, to a |
5 |
| meaningful extent so
that a municipality may reasonably |
6 |
| find that the factor is clearly
present within the intent |
7 |
| of the Act and (ii) reasonably distributed throughout
the |
8 |
| improved part of the redevelopment project area:
|
9 |
| (A) Dilapidation. An advanced state of disrepair |
10 |
| or neglect of
necessary
repairs to the primary |
11 |
| structural components of buildings or improvements in
|
12 |
| such a combination that a documented building |
13 |
| condition analysis determines
that major repair is |
14 |
| required or the defects are so serious and so extensive
|
15 |
| that the buildings must be removed.
|
16 |
| (B) Obsolescence. The condition or process of |
17 |
| falling into disuse.
Structures have become ill-suited |
18 |
| for the original use.
|
19 |
| (C) Deterioration. With respect to buildings, |
20 |
| defects
including, but not limited to, major defects in
|
21 |
| the secondary building components such as doors, |
22 |
| windows, porches, gutters and
downspouts, and fascia. |
23 |
| With respect to surface improvements, that the
|
24 |
| condition of roadways, alleys, curbs, gutters, |
25 |
| sidewalks, off-street parking,
and surface storage |
26 |
| areas evidence deterioration, including, but not |
|
|
|
HB2373 |
- 56 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| limited
to, surface cracking, crumbling, potholes, |
2 |
| depressions, loose paving material,
and weeds |
3 |
| protruding through paved surfaces.
|
4 |
| (D) Presence of structures below minimum code |
5 |
| standards. All structures
that do not meet the |
6 |
| standards of zoning, subdivision, building, fire, and
|
7 |
| other governmental codes applicable to property, but |
8 |
| not including housing and
property maintenance codes.
|
9 |
| (E) Illegal use of individual structures. The use |
10 |
| of structures in
violation of applicable federal, |
11 |
| State, or local laws, exclusive of those
applicable to |
12 |
| the presence of structures below minimum code |
13 |
| standards.
|
14 |
| (F) Excessive vacancies. The presence of
buildings |
15 |
| that are unoccupied or under-utilized and that |
16 |
| represent an adverse
influence on the area because of |
17 |
| the frequency, extent, or duration of the
vacancies.
|
18 |
| (G) Lack of ventilation, light, or sanitary |
19 |
| facilities. The absence of
adequate ventilation for |
20 |
| light or air circulation in spaces or rooms without
|
21 |
| windows, or that require the removal of dust, odor, |
22 |
| gas, smoke, or other
noxious airborne materials. |
23 |
| Inadequate natural light and ventilation means
the |
24 |
| absence of skylights or windows for interior spaces or |
25 |
| rooms and improper
window sizes and amounts by room |
26 |
| area to window area ratios. Inadequate
sanitary |
|
|
|
HB2373 |
- 57 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| facilities refers to the absence or inadequacy of |
2 |
| garbage storage and
enclosure,
bathroom facilities, |
3 |
| hot water and kitchens, and structural inadequacies
|
4 |
| preventing ingress and egress to and from all rooms and |
5 |
| units within a
building.
|
6 |
| (H) Inadequate utilities. Underground and overhead |
7 |
| utilities
such as storm sewers and storm drainage, |
8 |
| sanitary sewers, water lines, and
gas, telephone, and
|
9 |
| electrical services that are shown to be inadequate. |
10 |
| Inadequate utilities are
those that are: (i) of |
11 |
| insufficient capacity to serve the uses in the
|
12 |
| redevelopment project area, (ii) deteriorated,
|
13 |
| antiquated, obsolete, or in disrepair, or (iii) |
14 |
| lacking within the
redevelopment project area.
|
15 |
| (I) Excessive land coverage and overcrowding of |
16 |
| structures and community
facilities. The |
17 |
| over-intensive use of property and the crowding of |
18 |
| buildings
and accessory facilities onto a site. |
19 |
| Examples of problem conditions
warranting the |
20 |
| designation of an area as one exhibiting excessive land |
21 |
| coverage
are: (i) the presence of buildings either |
22 |
| improperly situated on parcels or
located
on parcels of |
23 |
| inadequate size and shape in relation to present-day |
24 |
| standards of
development for health and safety and (ii) |
25 |
| the presence of multiple buildings
on a
single parcel. |
26 |
| For there to be a finding of excessive land coverage,
|
|
|
|
HB2373 |
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|
1 |
| these parcels must exhibit one or more of the following |
2 |
| conditions:
insufficient provision for
light and air |
3 |
| within or around buildings, increased threat of spread |
4 |
| of fire
due to the close proximity of buildings, lack |
5 |
| of adequate or proper access to a
public right-of-way, |
6 |
| lack of reasonably required off-street parking, or
|
7 |
| inadequate provision for loading and service.
|
8 |
| (J) Deleterious land use or layout. The existence |
9 |
| of incompatible
land-use
relationships, buildings |
10 |
| occupied by inappropriate mixed-uses, or uses
|
11 |
| considered to be noxious, offensive, or unsuitable for |
12 |
| the
surrounding area.
|
13 |
| (K) Environmental clean-up. The proposed |
14 |
| redevelopment project area
has incurred Illinois |
15 |
| Environmental Protection Agency or United States
|
16 |
| Environmental Protection Agency remediation costs for, |
17 |
| or a study conducted by
an independent consultant |
18 |
| recognized as having expertise in environmental
|
19 |
| remediation has determined a need for, the
clean-up of |
20 |
| hazardous
waste, hazardous substances, or underground |
21 |
| storage tanks required by State or
federal law, |
22 |
| provided that the remediation costs constitute a |
23 |
| material
impediment to the development or |
24 |
| redevelopment of the redevelopment project
area.
|
25 |
| (L) Lack of community planning. The proposed |
26 |
| redevelopment project area
was
developed prior to or |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
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|
1 |
| without the benefit or guidance of a community plan.
|
2 |
| This means that the development occurred prior to the |
3 |
| adoption by the
municipality of a comprehensive or |
4 |
| other community plan or that the plan was
not followed |
5 |
| at the time of the area's development. This factor must |
6 |
| be
documented by evidence of adverse or incompatible |
7 |
| land-use relationships,
inadequate street layout, |
8 |
| improper subdivision, parcels of inadequate shape and
|
9 |
| size to meet contemporary development standards, or |
10 |
| other evidence
demonstrating
an absence of effective |
11 |
| community planning.
|
12 |
| (M) The total equalized assessed value of the |
13 |
| proposed redevelopment
project area has declined for 3 |
14 |
| of the last 5 calendar years
prior to the year in which |
15 |
| the redevelopment project area is designated
or is |
16 |
| increasing at an
annual rate that is less
than the |
17 |
| balance of the municipality for 3 of the last 5 |
18 |
| calendar years
for which
information is available or is |
19 |
| increasing at an annual rate that is less than
the |
20 |
| Consumer Price Index
for All Urban Consumers published |
21 |
| by the United States Department of Labor or
successor |
22 |
| agency for 3 of the last 5 calendar years
prior to the |
23 |
| year in which the redevelopment project area is |
24 |
| designated.
|
25 |
| (2) If vacant, the sound growth of the redevelopment |
26 |
| project area
is impaired by a
combination of 2 or more of |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
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|
1 |
| the following factors, each of which
is (i) present, with |
2 |
| that presence documented, to a meaningful extent so
that
a |
3 |
| municipality may reasonably find that the factor is clearly |
4 |
| present
within the intent of the Act and (ii) reasonably |
5 |
| distributed throughout the
vacant part of the
|
6 |
| redevelopment project area to which it pertains:
|
7 |
| (A) Obsolete platting of vacant land that results |
8 |
| in parcels of
limited or
narrow size or configurations |
9 |
| of parcels of irregular size or shape that would
be |
10 |
| difficult to develop on
a planned basis and in a manner |
11 |
| compatible with contemporary standards and
|
12 |
| requirements, or platting that failed to create |
13 |
| rights-of-ways for streets or
alleys or that created |
14 |
| inadequate right-of-way widths for streets, alleys, or
|
15 |
| other public rights-of-way or that omitted easements |
16 |
| for public utilities.
|
17 |
| (B) Diversity of ownership of parcels of vacant |
18 |
| land sufficient in
number to
retard or impede the |
19 |
| ability to assemble the land for development.
|
20 |
| (C) Tax and special assessment delinquencies exist |
21 |
| or the property has
been the subject of tax sales under |
22 |
| the Property Tax Code within the last 5
years.
|
23 |
| (D) Deterioration of structures or site |
24 |
| improvements in neighboring
areas adjacent to the |
25 |
| vacant land.
|
26 |
| (E) The area has incurred Illinois Environmental |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| Protection Agency or
United States Environmental |
2 |
| Protection Agency remediation costs for, or a study
|
3 |
| conducted by an independent consultant recognized as |
4 |
| having expertise in
environmental remediation has |
5 |
| determined a need for, the
clean-up of hazardous
waste, |
6 |
| hazardous substances, or underground storage tanks |
7 |
| required by State or
federal law, provided that the |
8 |
| remediation costs
constitute a material impediment to |
9 |
| the development or redevelopment of
the
redevelopment |
10 |
| project area.
|
11 |
| (F) The total equalized assessed value of the |
12 |
| proposed redevelopment
project area has declined for 3 |
13 |
| of the last 5 calendar years
prior to the year in which |
14 |
| the redevelopment project area is designated
or is |
15 |
| increasing at an
annual rate that is less
than the |
16 |
| balance of the municipality for 3 of the last 5 |
17 |
| calendar years for
which information is available or is |
18 |
| increasing at an annual rate that is less
than
the |
19 |
| Consumer Price Index
for All Urban Consumers published |
20 |
| by the United States Department of Labor or
successor |
21 |
| agency for 3 of the last 5 calendar years
prior to the |
22 |
| year in which the redevelopment project area is |
23 |
| designated.
|
24 |
| (3) If vacant, the sound growth of the redevelopment |
25 |
| project area is
impaired by one of the
following factors |
26 |
| that (i) is present, with that presence documented, to a
|
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
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|
1 |
| meaningful extent so that a municipality may reasonably |
2 |
| find that the factor is
clearly
present within the intent |
3 |
| of the Act and (ii) is reasonably distributed
throughout |
4 |
| the vacant part of the
redevelopment project area to which |
5 |
| it pertains:
|
6 |
| (A) The area consists of one or more unused |
7 |
| quarries, mines, or strip
mine ponds.
|
8 |
| (B) The area consists of unused rail yards, rail |
9 |
| tracks, or railroad
rights-of-way.
|
10 |
| (C) The area, prior to its designation, is subject |
11 |
| to (i) chronic
flooding
that adversely impacts on real |
12 |
| property in the area as certified by a
registered
|
13 |
| professional engineer or appropriate regulatory agency |
14 |
| or (ii) surface water
that
discharges from all or a |
15 |
| part of the area and contributes to flooding within
the
|
16 |
| same watershed, but only if the redevelopment project |
17 |
| provides for facilities
or
improvements to contribute |
18 |
| to the alleviation of all or part of the
flooding.
|
19 |
| (D) The area consists of an unused or illegal |
20 |
| disposal site containing
earth,
stone, building |
21 |
| debris, or similar materials that were removed from
|
22 |
| construction, demolition, excavation, or dredge sites.
|
23 |
| (E) Prior to November 1, 1999, the area
is not less |
24 |
| than 50 nor more than 100 acres and 75%
of which is |
25 |
| vacant (notwithstanding that the area has been used
for |
26 |
| commercial agricultural purposes within 5 years prior |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
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|
1 |
| to the designation
of the redevelopment project area), |
2 |
| and the area meets at least one of
the factors itemized |
3 |
| in paragraph (1) of this subsection, the area
has been |
4 |
| designated as a town or village center by ordinance or |
5 |
| comprehensive
plan adopted prior to January 1, 1982, |
6 |
| and the area has not been developed
for that designated |
7 |
| purpose.
|
8 |
| (F) The area qualified as a blighted improved area |
9 |
| immediately prior to
becoming vacant, unless there has |
10 |
| been substantial private investment in the
immediately |
11 |
| surrounding area.
|
12 |
| (b) For any redevelopment project area that has been |
13 |
| designated pursuant
to this
Section by an ordinance adopted |
14 |
| prior to November 1, 1999 (the effective
date of Public Act
|
15 |
| 91-478), "conservation area" shall have the meaning
set forth |
16 |
| in this
Section prior to that date.
|
17 |
| On and after November 1, 1999,
"conservation area" means |
18 |
| any improved area within the boundaries
of a redevelopment |
19 |
| project area located within the territorial limits of
the |
20 |
| municipality in which 50% or more of the structures in the area |
21 |
| have
an age of 35 years or more.
Such an area is not yet a |
22 |
| blighted area but
because of a combination of 3 or more of the |
23 |
| following factors is detrimental
to the public safety, health, |
24 |
| morals
or welfare and such an area may become a blighted area:
|
25 |
| (1) Dilapidation. An advanced state of disrepair or |
26 |
| neglect of
necessary
repairs to the primary structural |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
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|
1 |
| components of buildings or improvements in
such a |
2 |
| combination that a documented building condition analysis |
3 |
| determines
that major repair is required or the defects are |
4 |
| so serious and so extensive
that the buildings must be |
5 |
| removed.
|
6 |
| (2) Obsolescence. The condition or process of falling |
7 |
| into disuse.
Structures have become ill-suited for the |
8 |
| original use.
|
9 |
| (3) Deterioration. With respect to buildings, defects
|
10 |
| including, but not limited to, major defects in
the |
11 |
| secondary building components such as doors, windows, |
12 |
| porches, gutters and
downspouts, and fascia. With respect |
13 |
| to surface improvements, that the
condition of roadways, |
14 |
| alleys, curbs, gutters, sidewalks, off-street parking,
and |
15 |
| surface storage areas evidence deterioration, including, |
16 |
| but not limited
to, surface cracking, crumbling, potholes, |
17 |
| depressions, loose paving material,
and weeds protruding |
18 |
| through paved surfaces.
|
19 |
| (4) Presence of structures below minimum code |
20 |
| standards. All structures
that do not meet the standards of |
21 |
| zoning, subdivision, building, fire, and
other |
22 |
| governmental codes applicable to property, but not |
23 |
| including housing and
property maintenance codes.
|
24 |
| (5) Illegal use of individual structures. The use of |
25 |
| structures in
violation of applicable federal, State, or |
26 |
| local laws, exclusive of those
applicable to the presence |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| of structures below minimum code standards.
|
2 |
| (6) Excessive vacancies. The presence of
buildings |
3 |
| that are unoccupied or under-utilized and that represent an |
4 |
| adverse
influence on the area because of the frequency, |
5 |
| extent, or duration of the
vacancies.
|
6 |
| (7) Lack of ventilation, light, or sanitary |
7 |
| facilities. The absence of
adequate ventilation for light |
8 |
| or air circulation in spaces or rooms without
windows, or |
9 |
| that require the removal of dust, odor, gas, smoke, or |
10 |
| other
noxious airborne materials. Inadequate natural light |
11 |
| and ventilation means
the absence or inadequacy of |
12 |
| skylights or windows for interior spaces or rooms
and |
13 |
| improper
window sizes and amounts by room area to window |
14 |
| area ratios. Inadequate
sanitary facilities refers to the |
15 |
| absence or inadequacy of garbage storage and
enclosure,
|
16 |
| bathroom facilities, hot water and kitchens, and |
17 |
| structural inadequacies
preventing ingress and egress to |
18 |
| and from all rooms and units within a
building.
|
19 |
| (8) Inadequate utilities. Underground and overhead |
20 |
| utilities
such as storm sewers and storm drainage, sanitary |
21 |
| sewers, water lines, and gas,
telephone, and
electrical |
22 |
| services that are shown to be inadequate. Inadequate |
23 |
| utilities are
those that are: (i) of insufficient capacity |
24 |
| to serve the uses in the
redevelopment project area, (ii) |
25 |
| deteriorated,
antiquated, obsolete, or in disrepair, or |
26 |
| (iii) lacking within the
redevelopment project area.
|
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| (9) Excessive land coverage and overcrowding of |
2 |
| structures and community
facilities. The over-intensive |
3 |
| use of property and the crowding of buildings
and accessory |
4 |
| facilities onto a site. Examples of problem conditions
|
5 |
| warranting the designation of an area as one exhibiting |
6 |
| excessive land coverage
are: the presence of buildings |
7 |
| either improperly situated on parcels or located
on parcels |
8 |
| of inadequate size and shape in relation to present-day |
9 |
| standards of
development for health and safety and the |
10 |
| presence of multiple buildings on a
single parcel. For |
11 |
| there to be a finding of excessive land coverage,
these |
12 |
| parcels must exhibit one or more of the following |
13 |
| conditions:
insufficient provision for
light and air |
14 |
| within or around buildings, increased threat of spread of |
15 |
| fire
due to the close proximity of buildings, lack of |
16 |
| adequate or proper access to a
public right-of-way, lack of |
17 |
| reasonably required off-street parking, or
inadequate |
18 |
| provision for loading and service.
|
19 |
| (10) Deleterious land use or layout. The existence of |
20 |
| incompatible
land-use
relationships, buildings occupied by |
21 |
| inappropriate mixed-uses, or uses
considered to be |
22 |
| noxious, offensive, or unsuitable for the
surrounding |
23 |
| area.
|
24 |
| (11) Lack of community planning. The proposed |
25 |
| redevelopment project area
was
developed prior to or |
26 |
| without the benefit or guidance of a community plan.
This |
|
|
|
HB2373 |
- 67 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| means that the development occurred prior to the adoption |
2 |
| by the
municipality of a comprehensive or other community |
3 |
| plan or that the plan was
not followed at the time of the |
4 |
| area's development. This factor must be
documented by |
5 |
| evidence of adverse or incompatible land-use |
6 |
| relationships,
inadequate street layout, improper |
7 |
| subdivision, parcels of inadequate shape and
size to meet |
8 |
| contemporary development standards, or other evidence
|
9 |
| demonstrating
an absence of effective community planning.
|
10 |
| (12) The area has incurred Illinois Environmental |
11 |
| Protection Agency or
United
States Environmental |
12 |
| Protection Agency remediation costs for, or a study
|
13 |
| conducted by an independent consultant recognized as |
14 |
| having expertise in
environmental remediation has |
15 |
| determined a need for, the clean-up of hazardous
waste, |
16 |
| hazardous substances, or underground storage tanks |
17 |
| required by State
or federal law, provided that the |
18 |
| remediation costs constitute a material
impediment to the |
19 |
| development or redevelopment of the redevelopment project
|
20 |
| area.
|
21 |
| (13) The total equalized assessed value of the proposed |
22 |
| redevelopment
project area has declined for 3 of the last 5 |
23 |
| calendar years
for which information is
available or is |
24 |
| increasing at an annual rate that is less than the balance |
25 |
| of
the municipality for 3 of the last 5 calendar years for |
26 |
| which information is
available or is increasing at an |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| annual rate that is less
than the Consumer Price Index for |
2 |
| All Urban Consumers published by the United
States |
3 |
| Department of Labor or successor agency for 3 of the last 5 |
4 |
| calendar
years for which information is available.
|
5 |
| (c) "Industrial park" means an area in a blighted or |
6 |
| conservation
area suitable for use by any manufacturing, |
7 |
| industrial, research or
transportation enterprise, of |
8 |
| facilities to include but not be limited to
factories, mills, |
9 |
| processing plants, assembly plants, packing plants,
|
10 |
| fabricating plants, industrial distribution centers, |
11 |
| warehouses, repair
overhaul or service facilities, freight |
12 |
| terminals, research facilities,
test facilities or railroad |
13 |
| facilities.
|
14 |
| (d) "Industrial park conservation area" means an area |
15 |
| within the
boundaries of a redevelopment project area located |
16 |
| within the territorial
limits of a municipality that is a labor |
17 |
| surplus municipality or within 1
1/2 miles of the territorial |
18 |
| limits of a municipality that is a labor
surplus municipality |
19 |
| if the area is annexed to the municipality; which
area is zoned |
20 |
| as industrial no later than at the time the municipality by
|
21 |
| ordinance designates the redevelopment project area, and which |
22 |
| area
includes both vacant land suitable for use as an |
23 |
| industrial park and a
blighted area or conservation area |
24 |
| contiguous to such vacant land.
|
25 |
| (e) "Labor surplus municipality" means a municipality in |
26 |
| which, at any
time during the 6 months before the municipality |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| by ordinance designates
an industrial park conservation area, |
2 |
| the unemployment rate was over 6% and was
also 100% or more of |
3 |
| the national average unemployment rate for that same
time as |
4 |
| published in the United States Department of Labor Bureau of |
5 |
| Labor
Statistics publication entitled "The Employment |
6 |
| Situation" or its successor
publication. For the purpose of |
7 |
| this subsection, if unemployment rate
statistics for the |
8 |
| municipality are not available, the unemployment rate in
the |
9 |
| municipality shall be deemed to be the same as the unemployment |
10 |
| rate in
the principal county in which the municipality is |
11 |
| located.
|
12 |
| (f) "Municipality" shall mean a city, village, |
13 |
| incorporated town, or a township that is located in the |
14 |
| unincorporated portion of a county with 3 million or more |
15 |
| inhabitants, if the county adopted an ordinance that approved |
16 |
| the township's redevelopment plan.
|
17 |
| (g) "Initial Sales Tax Amounts" means the amount of taxes |
18 |
| paid under
the Retailers' Occupation Tax Act, Use Tax Act, |
19 |
| Service Use Tax Act, the
Service Occupation Tax Act, the |
20 |
| Municipal Retailers' Occupation Tax Act,
and the Municipal |
21 |
| Service Occupation Tax Act by
retailers and servicemen on |
22 |
| transactions at places located in a
State Sales Tax Boundary |
23 |
| during the calendar year 1985.
|
24 |
| (g-1) "Revised Initial Sales Tax Amounts" means the amount |
25 |
| of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
26 |
| Act, Service Use Tax Act, the
Service Occupation Tax Act, the |
|
|
|
HB2373 |
- 70 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| Municipal Retailers' Occupation Tax Act,
and the Municipal |
2 |
| Service Occupation Tax Act by retailers and servicemen on
|
3 |
| transactions at places located within the State Sales Tax |
4 |
| Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
|
5 |
| (h) "Municipal Sales Tax Increment" means an amount equal |
6 |
| to the
increase in the aggregate amount of taxes paid to a |
7 |
| municipality from the
Local Government Tax Fund arising from |
8 |
| sales by retailers and servicemen
within the redevelopment |
9 |
| project area or State Sales Tax Boundary, as
the case may be, |
10 |
| for as long as the redevelopment project area or State
Sales |
11 |
| Tax Boundary, as the case may be, exist over and above the |
12 |
| aggregate
amount of taxes as certified by the Illinois |
13 |
| Department of Revenue and paid
under the Municipal Retailers' |
14 |
| Occupation Tax Act and the Municipal Service
Occupation Tax Act |
15 |
| by retailers and servicemen, on transactions at places
of |
16 |
| business located in the redevelopment project area or State |
17 |
| Sales Tax
Boundary, as the case may be, during the
base year |
18 |
| which shall be the calendar year immediately prior to the year |
19 |
| in
which the municipality adopted tax increment allocation |
20 |
| financing. For
purposes of computing the aggregate amount of |
21 |
| such taxes for base years
occurring prior to 1985, the |
22 |
| Department of Revenue shall determine the
Initial Sales Tax |
23 |
| Amounts for such taxes and deduct therefrom an amount
equal to |
24 |
| 4% of the aggregate amount of taxes per year for each year the
|
25 |
| base year is prior to 1985, but not to exceed a total deduction |
26 |
| of 12%.
The amount so determined shall be known as the |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| "Adjusted Initial Sales Tax
Amounts". For purposes of |
2 |
| determining the Municipal Sales Tax Increment,
the Department |
3 |
| of Revenue shall for each period subtract from the amount
paid |
4 |
| to the municipality from the Local Government Tax Fund arising |
5 |
| from
sales by retailers and servicemen on transactions
located |
6 |
| in the redevelopment project area or the State Sales Tax |
7 |
| Boundary,
as the case may be, the certified Initial Sales Tax
|
8 |
| Amounts, the Adjusted Initial Sales Tax Amounts or the Revised |
9 |
| Initial
Sales Tax Amounts for the Municipal Retailers'
|
10 |
| Occupation Tax Act and the Municipal Service
Occupation Tax |
11 |
| Act. For the State Fiscal Year 1989, this calculation shall
be |
12 |
| made by utilizing the calendar year 1987 to determine the tax |
13 |
| amounts
received. For the State Fiscal Year 1990, this |
14 |
| calculation shall be made
by utilizing the period from January |
15 |
| 1, 1988, until September 30, 1988, to
determine the tax amounts |
16 |
| received from retailers and servicemen pursuant
to the |
17 |
| Municipal Retailers' Occupation Tax and the Municipal Service
|
18 |
| Occupation Tax Act, which shall have deducted therefrom
|
19 |
| nine-twelfths of the certified Initial Sales Tax Amounts, the |
20 |
| Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales |
21 |
| Tax Amounts as appropriate.
For the State Fiscal Year 1991, |
22 |
| this calculation shall be made by utilizing
the period from |
23 |
| October 1, 1988, to June 30, 1989, to determine the tax
amounts |
24 |
| received from retailers and servicemen pursuant to the |
25 |
| Municipal
Retailers' Occupation Tax and the Municipal Service |
26 |
| Occupation Tax Act
which shall have deducted therefrom |
|
|
|
HB2373 |
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LRB096 08251 RLJ 18358 b |
|
|
1 |
| nine-twelfths of the
certified Initial Sales Tax Amounts, |
2 |
| Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales |
3 |
| Tax Amounts as appropriate. For every
State Fiscal Year |
4 |
| thereafter, the applicable period shall be the 12 months
|
5 |
| beginning July 1 and ending June 30 to determine the tax |
6 |
| amounts received
which shall have deducted therefrom the |
7 |
| certified Initial Sales Tax
Amounts, the Adjusted Initial Sales |
8 |
| Tax Amounts or the Revised Initial
Sales Tax Amounts, as the |
9 |
| case may be.
|
10 |
| (i) "Net State Sales Tax Increment" means the sum of the |
11 |
| following: (a)
80% of the first $100,000 of State Sales Tax |
12 |
| Increment annually generated
within a State Sales Tax Boundary; |
13 |
| (b) 60% of the amount in excess of
$100,000 but not exceeding |
14 |
| $500,000 of State Sales Tax Increment annually
generated within |
15 |
| a State Sales Tax Boundary; and (c) 40% of all amounts in
|
16 |
| excess of $500,000 of State Sales Tax Increment annually |
17 |
| generated within a
State Sales Tax Boundary. If, however, a |
18 |
| municipality established a tax
increment financing district in |
19 |
| a county with a population in excess of
3,000,000 before |
20 |
| January 1, 1986, and the municipality entered into a
contract |
21 |
| or issued bonds after January 1, 1986, but before December 31, |
22 |
| 1986,
to finance redevelopment project costs within a State |
23 |
| Sales Tax
Boundary, then the Net State Sales Tax Increment |
24 |
| means, for the fiscal years
beginning July 1, 1990, and July 1, |
25 |
| 1991, 100% of the State Sales Tax
Increment annually generated |
26 |
| within a State Sales Tax Boundary; and
notwithstanding any |
|
|
|
HB2373 |
- 73 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| other provision of this Act, for those fiscal years the
|
2 |
| Department of Revenue shall distribute to those municipalities |
3 |
| 100% of
their Net State Sales Tax Increment before any |
4 |
| distribution to any other
municipality and regardless of |
5 |
| whether or not those other municipalities
will receive 100% of |
6 |
| their Net State Sales Tax Increment. For Fiscal Year
1999, and |
7 |
| every year thereafter until the year 2007, for any municipality
|
8 |
| that has not entered into a contract or has not issued bonds |
9 |
| prior to June
1, 1988 to finance redevelopment project costs |
10 |
| within a State Sales Tax
Boundary, the Net State Sales Tax |
11 |
| Increment shall be calculated as follows:
By multiplying the |
12 |
| Net State Sales Tax Increment by 90% in the State Fiscal
Year |
13 |
| 1999; 80% in the State Fiscal Year 2000; 70% in the State |
14 |
| Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the |
15 |
| State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% |
16 |
| in the State Fiscal Year 2005; 20% in
the State Fiscal Year |
17 |
| 2006; and 10% in the State Fiscal Year 2007. No
payment shall |
18 |
| be made for State Fiscal Year 2008 and thereafter.
|
19 |
| Municipalities that issued bonds in connection with a |
20 |
| redevelopment project
in a redevelopment project area within |
21 |
| the State Sales Tax Boundary prior to
July 29, 1991,
or that |
22 |
| entered into contracts in connection with a redevelopment |
23 |
| project in
a redevelopment project area before June 1, 1988,
|
24 |
| shall continue to receive their proportional share of the
|
25 |
| Illinois Tax Increment Fund distribution until the date on |
26 |
| which the
redevelopment project is completed or terminated.
If, |
|
|
|
HB2373 |
- 74 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| however, a municipality that issued bonds in connection with a
|
2 |
| redevelopment project in a redevelopment project area within |
3 |
| the State Sales
Tax Boundary prior to July 29, 1991 retires the |
4 |
| bonds prior to June 30, 2007 or
a municipality that entered |
5 |
| into contracts in connection with a redevelopment
project in a |
6 |
| redevelopment project area before June 1, 1988 completes the
|
7 |
| contracts prior to June 30, 2007, then so long as the |
8 |
| redevelopment project is
not
completed or is not terminated, |
9 |
| the Net State Sales Tax Increment shall be
calculated, |
10 |
| beginning on the date on which the bonds are retired or the
|
11 |
| contracts are completed, as follows: By multiplying the Net |
12 |
| State Sales Tax
Increment by 60% in the State Fiscal Year
2002; |
13 |
| 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year |
14 |
| 2004; 30%
in the State Fiscal Year 2005; 20% in the State |
15 |
| Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No |
16 |
| payment shall be made for State Fiscal Year
2008 and |
17 |
| thereafter.
Refunding of any bonds issued
prior to July 29, |
18 |
| 1991, shall not alter the Net State Sales Tax Increment.
|
19 |
| (j) "State Utility Tax Increment Amount" means an amount |
20 |
| equal to the
aggregate increase in State electric and gas tax |
21 |
| charges imposed on owners
and tenants, other than residential |
22 |
| customers, of properties located within
the redevelopment |
23 |
| project area under Section 9-222 of the Public Utilities
Act, |
24 |
| over and above the aggregate of such charges as certified by |
25 |
| the
Department of Revenue and paid by owners and tenants, other |
26 |
| than
residential customers, of properties within the |
|
|
|
HB2373 |
- 75 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| redevelopment project area
during the base year, which shall be |
2 |
| the calendar year immediately prior to
the year of the adoption |
3 |
| of the ordinance authorizing tax increment allocation
|
4 |
| financing.
|
5 |
| (k) "Net State Utility Tax Increment" means the sum of the |
6 |
| following:
(a) 80% of the first $100,000 of State Utility Tax |
7 |
| Increment annually
generated by a redevelopment project area; |
8 |
| (b) 60% of the amount in excess
of $100,000 but not exceeding |
9 |
| $500,000 of the State Utility Tax Increment
annually generated |
10 |
| by a redevelopment project area; and (c) 40% of all
amounts in |
11 |
| excess of $500,000 of State Utility Tax Increment annually
|
12 |
| generated by a redevelopment project area. For the State Fiscal |
13 |
| Year 1999,
and every year thereafter until the year 2007, for |
14 |
| any municipality that
has not entered into a contract or has |
15 |
| not issued bonds prior to June 1,
1988 to finance redevelopment |
16 |
| project costs within a redevelopment project
area, the Net |
17 |
| State Utility Tax Increment shall be calculated as follows:
By |
18 |
| multiplying the Net State Utility Tax Increment by 90% in the |
19 |
| State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% |
20 |
| in the State
Fiscal Year 2001; 60% in the State Fiscal Year |
21 |
| 2002; 50% in the State
Fiscal Year 2003; 40% in the State |
22 |
| Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the |
23 |
| State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. |
24 |
| No payment shall be made for the State Fiscal Year 2008
and |
25 |
| thereafter.
|
26 |
| Municipalities that issue bonds in connection with the |
|
|
|
HB2373 |
- 76 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| redevelopment project
during the period from June 1, 1988 until |
2 |
| 3 years after the effective date
of this Amendatory Act of 1988 |
3 |
| shall receive the Net State Utility Tax
Increment, subject to |
4 |
| appropriation, for 15 State Fiscal Years after the
issuance of |
5 |
| such bonds. For the 16th through the 20th State Fiscal Years
|
6 |
| after issuance of the bonds, the Net State Utility Tax |
7 |
| Increment shall be
calculated as follows: By multiplying the |
8 |
| Net State Utility Tax Increment
by 90% in year 16; 80% in year |
9 |
| 17; 70% in year 18; 60% in year 19; and 50%
in year 20. |
10 |
| Refunding of any bonds issued prior to June 1, 1988, shall not
|
11 |
| alter the revised Net State Utility Tax Increment payments set |
12 |
| forth above.
|
13 |
| (l) "Obligations" mean bonds, loans, debentures, notes, |
14 |
| special certificates
or other evidence of indebtedness issued |
15 |
| by the municipality to carry out
a redevelopment project or to |
16 |
| refund outstanding obligations.
|
17 |
| (m) "Payment in lieu of taxes" means those estimated tax |
18 |
| revenues from
real property in a redevelopment project area |
19 |
| derived from real property that
has been acquired by a |
20 |
| municipality
which according to the redevelopment project or |
21 |
| plan is to be used for a
private use which taxing districts |
22 |
| would have received had a municipality
not acquired the real |
23 |
| property and adopted tax increment allocation
financing and |
24 |
| which would result from
levies made after the time of the |
25 |
| adoption of tax increment allocation
financing to the time the |
26 |
| current equalized value of real property in the
redevelopment |
|
|
|
HB2373 |
- 77 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| project area exceeds the total initial equalized value of
real |
2 |
| property in said area.
|
3 |
| (n) "Redevelopment plan" means the comprehensive program |
4 |
| of
the municipality for development or redevelopment intended |
5 |
| by the payment of
redevelopment project costs to reduce or |
6 |
| eliminate those conditions the
existence of which qualified the |
7 |
| redevelopment project area as
a "blighted
area" or |
8 |
| "conservation area" or combination thereof or "industrial park
|
9 |
| conservation area," and thereby to enhance the tax bases of the |
10 |
| taxing
districts which extend into the redevelopment project |
11 |
| area.
On and after November 1, 1999 (the effective date of
|
12 |
| Public Act 91-478), no
redevelopment plan may be approved or |
13 |
| amended that includes the development of
vacant land (i) with a |
14 |
| golf course and related clubhouse and other facilities
or (ii) |
15 |
| designated by federal, State, county, or municipal government |
16 |
| as public
land for outdoor recreational activities or for |
17 |
| nature preserves and used for
that purpose within 5
years prior |
18 |
| to the adoption of the redevelopment plan. For the purpose of
|
19 |
| this subsection, "recreational activities" is limited to mean |
20 |
| camping and
hunting.
Each
redevelopment plan shall set forth in |
21 |
| writing the program to be undertaken
to accomplish the |
22 |
| objectives and shall include but not be limited to:
|
23 |
| (A) an itemized list of estimated redevelopment |
24 |
| project costs;
|
25 |
| (B) evidence indicating that the redevelopment project |
26 |
| area on the whole
has not been subject to growth and |
|
|
|
HB2373 |
- 78 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| development through investment by private
enterprise;
|
2 |
| (C) an assessment of any financial impact of the |
3 |
| redevelopment project
area on or any increased demand for |
4 |
| services from any taxing district affected
by the plan and |
5 |
| any program to address such financial impact or increased
|
6 |
| demand;
|
7 |
| (D) the sources of funds to pay costs;
|
8 |
| (E) the nature and term of the obligations to be |
9 |
| issued;
|
10 |
| (F) the most recent equalized assessed valuation of the |
11 |
| redevelopment
project area;
|
12 |
| (G) an estimate as to the equalized assessed valuation |
13 |
| after redevelopment
and the general land uses to apply in |
14 |
| the redevelopment project area;
|
15 |
| (H) a commitment to fair employment practices and an |
16 |
| affirmative action
plan;
|
17 |
| (I) if it concerns an industrial park
conservation |
18 |
| area, the plan shall
also include a general description
of |
19 |
| any proposed developer, user and tenant of any property, a |
20 |
| description
of the type, structure and general character of |
21 |
| the facilities to be
developed, a description of the type, |
22 |
| class and number of new employees to
be employed in the |
23 |
| operation of the facilities to be developed; and
|
24 |
| (J) if property is to be annexed to the municipality, |
25 |
| the plan shall
include the terms of the annexation |
26 |
| agreement.
|
|
|
|
HB2373 |
- 79 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| The provisions of items (B) and (C) of this subsection (n) |
2 |
| shall not apply to
a municipality that before March 14, 1994 |
3 |
| (the effective date of Public Act
88-537) had fixed, either by |
4 |
| its
corporate authorities or by a commission designated under |
5 |
| subsection (k) of
Section 11-74.4-4, a time and place for a |
6 |
| public hearing as required by
subsection (a) of Section |
7 |
| 11-74.4-5.
No redevelopment plan shall be adopted unless a
|
8 |
| municipality complies with all of the following requirements:
|
9 |
| (1) The municipality finds that the redevelopment |
10 |
| project area on
the whole has not been subject to growth |
11 |
| and development through investment
by private enterprise |
12 |
| and would not reasonably be anticipated to be
developed |
13 |
| without the adoption of the redevelopment plan.
|
14 |
| (2) The municipality finds that the redevelopment plan |
15 |
| and project conform
to the comprehensive plan for the |
16 |
| development of the municipality as a whole,
or, for |
17 |
| municipalities with a population of 100,000 or more, |
18 |
| regardless of when
the redevelopment plan and project was |
19 |
| adopted, the redevelopment plan and
project either: (i) |
20 |
| conforms to the strategic economic development or
|
21 |
| redevelopment plan issued by the designated planning |
22 |
| authority of the
municipality, or (ii) includes land uses |
23 |
| that have been approved by the
planning commission of the |
24 |
| municipality.
|
25 |
| (3) The redevelopment plan establishes the estimated |
26 |
| dates of completion
of the redevelopment project and |
|
|
|
HB2373 |
- 80 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| retirement of obligations issued to finance
redevelopment |
2 |
| project costs. Those dates may not be later than the dates |
3 |
| set forth under Section 11-74.4-3.5. , or (DDD) (EEE), or |
4 |
| (FFF), or (GGG), or (HHH), or (III), or (JJJ), (KKK), (LLL) |
5 |
| (MMM), or (NNN) if the ordinance was adopted on December |
6 |
| 23, 1986 by the Village of Libertyville. (NNN) if the |
7 |
| ordinance was adopted on December 22, 1986 by the Village |
8 |
| of Hoffman Estates.
|
9 |
| A municipality may by municipal ordinance amend an |
10 |
| existing redevelopment
plan to conform to this paragraph |
11 |
| (3) as amended by Public Act 91-478, which
municipal |
12 |
| ordinance may be adopted without
further hearing or
notice |
13 |
| and without complying with the procedures provided in this |
14 |
| Act
pertaining to an amendment to or the initial approval |
15 |
| of a redevelopment plan
and project and
designation of a |
16 |
| redevelopment project area.
|
17 |
| (3.5) The municipality finds, in the case of an |
18 |
| industrial
park
conservation area, also that the |
19 |
| municipality is a labor surplus municipality
and that the |
20 |
| implementation of the redevelopment plan will reduce |
21 |
| unemployment,
create new jobs and by the provision of new |
22 |
| facilities enhance the tax base of
the taxing districts |
23 |
| that extend into the redevelopment project area.
|
24 |
| (4) If any incremental revenues are being utilized |
25 |
| under
Section 8(a)(1)
or 8(a)(2) of this Act in |
26 |
| redevelopment project areas approved by ordinance
after |
|
|
|
HB2373 |
- 81 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| January 1, 1986, the municipality finds: (a) that the |
2 |
| redevelopment
project area would not reasonably be |
3 |
| developed without the use of such
incremental revenues, and |
4 |
| (b) that such incremental revenues will be
exclusively |
5 |
| utilized for the development of the redevelopment project |
6 |
| area.
|
7 |
| (5) If
the redevelopment plan will not result in
|
8 |
| displacement of
residents from 10 or more inhabited |
9 |
| residential units, and the
municipality certifies in the |
10 |
| plan that
such displacement will not result from the plan, |
11 |
| a housing impact study
need not be performed.
If, however, |
12 |
| the redevelopment plan would result in the displacement
of
|
13 |
| residents from 10 or more inhabited
residential units,
or |
14 |
| if the redevelopment project area contains 75 or more |
15 |
| inhabited residential
units and no
certification is made,
|
16 |
| then the municipality shall prepare, as part of the |
17 |
| separate
feasibility report required by subsection (a) of |
18 |
| Section 11-74.4-5, a housing
impact study.
|
19 |
| Part I of the housing impact study shall include (i) |
20 |
| data as to whether
the residential units are single family |
21 |
| or multi-family units,
(ii) the number and type of rooms |
22 |
| within the units, if that information is
available, (iii) |
23 |
| whether
the
units are inhabited or uninhabited, as |
24 |
| determined not less than 45
days before the date that the |
25 |
| ordinance or resolution required
by subsection (a) of |
26 |
| Section 11-74.4-5 is passed, and (iv) data as to the
racial |
|
|
|
HB2373 |
- 82 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| and ethnic composition of the residents in the inhabited |
2 |
| residential
units. The data requirement as to the racial |
3 |
| and ethnic composition of the
residents in the inhabited |
4 |
| residential units shall be deemed to be fully
satisfied by |
5 |
| data from the most recent federal census.
|
6 |
| Part II of the housing impact study shall identify the |
7 |
| inhabited
residential units in the proposed redevelopment |
8 |
| project area that are to be or
may be removed. If inhabited |
9 |
| residential units are to be removed, then the
housing |
10 |
| impact study shall identify (i) the number and location of |
11 |
| those units
that will or may be removed, (ii) the |
12 |
| municipality's plans for relocation
assistance for those |
13 |
| residents in the proposed redevelopment project area
whose |
14 |
| residences are to be removed, (iii) the availability of |
15 |
| replacement
housing for those residents whose residences |
16 |
| are to be removed, and shall
identify the type, location, |
17 |
| and cost of the housing, and (iv) the type and
extent
of |
18 |
| relocation assistance to be provided.
|
19 |
| (6) On and after November 1, 1999, the
housing impact |
20 |
| study required by paragraph (5) shall be
incorporated in |
21 |
| the redevelopment plan for the
redevelopment project area.
|
22 |
| (7) On and after November 1, 1999, no
redevelopment |
23 |
| plan shall be adopted, nor an
existing plan amended, nor |
24 |
| shall residential housing that is
occupied by households of |
25 |
| low-income and very low-income
persons in currently |
26 |
| existing redevelopment project
areas be removed after |
|
|
|
HB2373 |
- 83 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| November 1, 1999 unless the redevelopment plan provides, |
2 |
| with
respect to inhabited housing units that are to be |
3 |
| removed for
households of low-income and very low-income |
4 |
| persons, affordable
housing and relocation assistance not |
5 |
| less than that which would
be provided under the federal |
6 |
| Uniform Relocation Assistance and
Real Property |
7 |
| Acquisition Policies Act of 1970 and the regulations
under |
8 |
| that Act, including the eligibility criteria.
Affordable |
9 |
| housing may be either existing or newly constructed
|
10 |
| housing. For purposes of this paragraph (7), "low-income
|
11 |
| households", "very low-income households", and "affordable
|
12 |
| housing" have the meanings set forth in the Illinois |
13 |
| Affordable
Housing Act.
The municipality shall make a good |
14 |
| faith effort to ensure that this affordable
housing is |
15 |
| located in or near the redevelopment project area within |
16 |
| the
municipality.
|
17 |
| (8) On and after November 1, 1999, if,
after the |
18 |
| adoption of the redevelopment plan for the
redevelopment |
19 |
| project area, any municipality desires to amend its
|
20 |
| redevelopment plan
to remove more inhabited residential |
21 |
| units than
specified in its original redevelopment plan, |
22 |
| that change shall be made in
accordance with the procedures |
23 |
| in subsection (c) of Section 11-74.4-5.
|
24 |
| (9) For redevelopment project areas designated prior |
25 |
| to November 1,
1999, the redevelopment plan may be amended |
26 |
| without further joint review board
meeting or hearing, |
|
|
|
HB2373 |
- 84 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| provided that the municipality shall give notice of any
|
2 |
| such changes by mail to each affected taxing district and |
3 |
| registrant on the
interested party registry, to authorize |
4 |
| the municipality to expend tax
increment revenues for |
5 |
| redevelopment project costs defined by paragraphs (5)
and |
6 |
| (7.5), subparagraphs (E) and (F) of paragraph (11), and |
7 |
| paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so |
8 |
| long as the changes do not increase the
total estimated |
9 |
| redevelopment project costs set out in the redevelopment |
10 |
| plan
by more than 5% after adjustment for inflation from |
11 |
| the date the plan was
adopted.
|
12 |
| (o) "Redevelopment project" means any public and private |
13 |
| development project
in furtherance of the objectives of a |
14 |
| redevelopment plan.
On and after November 1, 1999 (the |
15 |
| effective date of Public Act 91-478), no
redevelopment plan may |
16 |
| be approved or amended that includes the development
of vacant |
17 |
| land (i) with a golf course and related clubhouse and other
|
18 |
| facilities
or (ii) designated by federal, State, county, or |
19 |
| municipal government as public
land for outdoor recreational |
20 |
| activities or for nature preserves and used for
that purpose |
21 |
| within 5
years prior to the adoption of the redevelopment plan. |
22 |
| For the purpose of
this subsection, "recreational activities" |
23 |
| is limited to mean camping and
hunting.
|
24 |
| (p) "Redevelopment project area" means an area designated |
25 |
| by
the
municipality, which is not less in the aggregate than 1 |
26 |
| 1/2 acres and in
respect to which the municipality has made a |
|
|
|
HB2373 |
- 85 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| finding that there exist
conditions which cause the area to be |
2 |
| classified as an industrial park
conservation area or a |
3 |
| blighted area or a conservation area, or a
combination of both |
4 |
| blighted areas and conservation areas.
|
5 |
| (q) "Redevelopment project costs" mean and include the sum |
6 |
| total of all
reasonable or necessary costs incurred or |
7 |
| estimated to be incurred, and
any such costs incidental to a |
8 |
| redevelopment plan and a redevelopment
project. Such costs |
9 |
| include, without limitation, the following:
|
10 |
| (1) Costs of studies, surveys, development of plans, |
11 |
| and
specifications, implementation and administration of |
12 |
| the redevelopment
plan including but not limited to staff |
13 |
| and professional service costs for
architectural, |
14 |
| engineering, legal, financial, planning or other
services, |
15 |
| provided however that no charges for professional services |
16 |
| may be
based on a percentage of the tax increment |
17 |
| collected; except that on and
after November 1, 1999 (the |
18 |
| effective date of Public Act 91-478), no
contracts for
|
19 |
| professional services, excluding architectural and |
20 |
| engineering services, may be
entered into if the terms of |
21 |
| the contract extend
beyond a period of 3 years. In |
22 |
| addition, "redevelopment project costs" shall
not include |
23 |
| lobbying expenses.
After consultation with the |
24 |
| municipality, each tax
increment consultant or advisor to a |
25 |
| municipality that plans to designate or
has designated a |
26 |
| redevelopment project area shall inform the municipality |
|
|
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| in
writing of any contracts that the consultant or advisor |
2 |
| has entered into with
entities or individuals that have |
3 |
| received, or are receiving, payments financed
by tax
|
4 |
| increment revenues produced by the redevelopment project |
5 |
| area with respect to
which the consultant or advisor has |
6 |
| performed, or will be performing, service
for the
|
7 |
| municipality. This requirement shall be satisfied by the |
8 |
| consultant or advisor
before the commencement of services |
9 |
| for the municipality and thereafter
whenever any other |
10 |
| contracts with those individuals or entities are executed |
11 |
| by
the consultant or advisor;
|
12 |
| (1.5) After July 1, 1999, annual administrative costs |
13 |
| shall
not include general overhead or
administrative costs |
14 |
| of the municipality
that would still have been incurred by |
15 |
| the municipality if the municipality had
not
designated a |
16 |
| redevelopment project area or approved a redevelopment |
17 |
| plan;
|
18 |
| (1.6) The cost of
marketing sites within the |
19 |
| redevelopment project area to prospective
businesses, |
20 |
| developers, and investors;
|
21 |
| (2) Property assembly costs, including but not limited |
22 |
| to acquisition
of land and other property, real or |
23 |
| personal, or rights or interests therein,
demolition of |
24 |
| buildings, site preparation, site improvements that serve |
25 |
| as an
engineered barrier addressing ground level or below |
26 |
| ground environmental
contamination, including, but not |
|
|
|
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| limited to parking lots and other concrete
or asphalt |
2 |
| barriers, and the clearing and grading of
land;
|
3 |
| (3) Costs of rehabilitation, reconstruction or repair |
4 |
| or remodeling of
existing public or private buildings, |
5 |
| fixtures, and leasehold
improvements; and the cost of |
6 |
| replacing
an existing public building if pursuant to the |
7 |
| implementation of a
redevelopment project the existing |
8 |
| public building is to be demolished to use
the site for |
9 |
| private investment or
devoted to a different use requiring |
10 |
| private investment;
|
11 |
| (4) Costs of the construction of public works or |
12 |
| improvements, except
that on and after November 1, 1999,
|
13 |
| redevelopment
project costs shall not include the cost of |
14 |
| constructing a
new municipal public building principally |
15 |
| used to provide
offices, storage space, or conference |
16 |
| facilities or vehicle storage,
maintenance, or repair for |
17 |
| administrative,
public safety, or public works personnel
|
18 |
| and that is not intended to replace an existing
public |
19 |
| building as provided under paragraph (3) of subsection (q) |
20 |
| of Section
11-74.4-3
unless either (i) the construction of |
21 |
| the new municipal building
implements a redevelopment |
22 |
| project that was included in a redevelopment plan
that was |
23 |
| adopted by the municipality prior to November 1, 1999 or |
24 |
| (ii) the
municipality makes a reasonable
determination in |
25 |
| the redevelopment plan, supported by information that |
26 |
| provides
the basis for that determination, that the new |
|
|
|
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| municipal building is required
to meet an increase in the |
2 |
| need for public safety purposes anticipated to
result from |
3 |
| the implementation of the redevelopment plan;
|
4 |
| (5) Costs of job training and retraining projects, |
5 |
| including the cost of
"welfare to work" programs |
6 |
| implemented by businesses located within the
redevelopment |
7 |
| project area;
|
8 |
| (6) Financing costs, including but not limited to all |
9 |
| necessary and
incidental expenses related to the issuance |
10 |
| of obligations and which may
include payment of interest on |
11 |
| any obligations issued hereunder including
interest |
12 |
| accruing
during the estimated period of construction of any |
13 |
| redevelopment project
for which such obligations are |
14 |
| issued and for not exceeding 36 months
thereafter and |
15 |
| including reasonable reserves related thereto;
|
16 |
| (7) To the extent the municipality by written agreement |
17 |
| accepts and
approves
the same, all or a portion of a taxing |
18 |
| district's capital costs resulting
from the redevelopment |
19 |
| project necessarily incurred or to be incurred within a
|
20 |
| taxing district in
furtherance of the objectives of the |
21 |
| redevelopment plan and project.
|
22 |
| (7.5) For redevelopment project areas designated (or |
23 |
| redevelopment
project areas amended to add or increase the |
24 |
| number of
tax-increment-financing assisted housing units) |
25 |
| on or after November 1,
1999,
an elementary, secondary,
or |
26 |
| unit school
district's increased costs attributable to |
|
|
|
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| assisted housing units located
within the
redevelopment |
2 |
| project area for which the developer or redeveloper |
3 |
| receives
financial assistance through an agreement with |
4 |
| the municipality or because the
municipality incurs the |
5 |
| cost of necessary infrastructure improvements within
the |
6 |
| boundaries of the assisted housing sites necessary for the |
7 |
| completion of
that housing
as authorized by this Act, and |
8 |
| which costs shall be paid by the municipality
from the |
9 |
| Special Tax Allocation Fund when the tax increment revenue |
10 |
| is received
as a result of the assisted housing units and |
11 |
| shall be calculated annually as
follows:
|
12 |
| (A) for foundation districts, excluding any school |
13 |
| district in a
municipality with a population in excess |
14 |
| of 1,000,000, by multiplying the
district's increase |
15 |
| in attendance resulting from the net increase in new
|
16 |
| students enrolled in that school district who reside in |
17 |
| housing units within
the redevelopment project area |
18 |
| that have received financial assistance through
an |
19 |
| agreement with the municipality or because the |
20 |
| municipality incurs the cost
of necessary |
21 |
| infrastructure improvements within the boundaries of |
22 |
| the housing
sites necessary for the completion of that |
23 |
| housing as authorized by this Act
since the designation |
24 |
| of the redevelopment project area by the most recently
|
25 |
| available per capita tuition cost as defined in Section |
26 |
| 10-20.12a of the School
Code less any increase in |
|
|
|
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| general State aid as defined in Section 18-8.05 of
the |
2 |
| School Code attributable to these added new students |
3 |
| subject to the
following annual limitations:
|
4 |
| (i) for unit school districts with a district |
5 |
| average 1995-96 Per
Capita
Tuition Charge of less |
6 |
| than $5,900, no more than 25% of the total amount |
7 |
| of
property tax increment revenue produced by |
8 |
| those housing units that have
received tax |
9 |
| increment finance assistance under this Act;
|
10 |
| (ii) for elementary school districts with a |
11 |
| district average 1995-96
Per
Capita Tuition Charge |
12 |
| of less than $5,900, no more than 17% of the total |
13 |
| amount
of property tax increment revenue produced |
14 |
| by those housing units that have
received tax |
15 |
| increment finance assistance under this Act; and
|
16 |
| (iii) for secondary school districts with a |
17 |
| district average 1995-96
Per
Capita Tuition Charge |
18 |
| of less than $5,900, no more than 8% of the total |
19 |
| amount
of property tax increment revenue produced |
20 |
| by those housing units that have
received tax |
21 |
| increment finance assistance under this Act.
|
22 |
| (B) For alternate method districts, flat grant |
23 |
| districts, and foundation
districts with a district |
24 |
| average 1995-96 Per Capita Tuition Charge equal to or
|
25 |
| more than $5,900, excluding any school district with a |
26 |
| population in excess of
1,000,000, by multiplying the |
|
|
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HB2373 |
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| district's increase in attendance
resulting
from the |
2 |
| net increase in new students enrolled in that school |
3 |
| district who
reside in
housing units within the |
4 |
| redevelopment project area that have received
|
5 |
| financial assistance through an agreement with the |
6 |
| municipality or because the
municipality incurs the |
7 |
| cost of necessary infrastructure improvements within
|
8 |
| the boundaries of the housing sites necessary for the |
9 |
| completion of that
housing as authorized by this Act |
10 |
| since the designation of the redevelopment
project |
11 |
| area by the most recently available per capita tuition |
12 |
| cost as defined
in Section 10-20.12a of the School Code |
13 |
| less any increase in general state aid
as defined in |
14 |
| Section 18-8.05 of the School Code attributable to |
15 |
| these added
new students subject to the following |
16 |
| annual limitations:
|
17 |
| (i) for unit school districts, no more than 40% |
18 |
| of the total amount of
property tax increment |
19 |
| revenue produced by those housing units that have
|
20 |
| received tax increment finance assistance under |
21 |
| this Act;
|
22 |
| (ii) for elementary school districts, no more |
23 |
| than 27% of the total
amount
of property tax |
24 |
| increment revenue produced by those housing units |
25 |
| that have
received tax increment finance |
26 |
| assistance under this Act; and
|
|
|
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| (iii) for secondary school districts, no more |
2 |
| than 13% of the total
amount
of property tax |
3 |
| increment revenue produced by those housing units |
4 |
| that have
received tax increment finance |
5 |
| assistance under this Act.
|
6 |
| (C) For any school district in a municipality with |
7 |
| a population in
excess of
1,000,000, the following |
8 |
| restrictions shall apply to the
reimbursement of |
9 |
| increased costs under this paragraph (7.5):
|
10 |
| (i) no increased costs shall be reimbursed |
11 |
| unless the school district
certifies that each of |
12 |
| the schools affected by the assisted housing |
13 |
| project
is at or over its student capacity;
|
14 |
| (ii) the amount reimbursable shall be reduced |
15 |
| by the value of any
land
donated to the school |
16 |
| district by the municipality or developer, and by |
17 |
| the
value of any physical improvements made to the |
18 |
| schools by the
municipality or developer; and
|
19 |
| (iii) the amount reimbursed may not affect |
20 |
| amounts otherwise obligated
by
the terms of any |
21 |
| bonds, notes, or other funding instruments, or the |
22 |
| terms of
any redevelopment agreement.
|
23 |
| Any school district seeking payment under this |
24 |
| paragraph (7.5) shall,
after July 1 and before |
25 |
| September 30 of each year,
provide the municipality |
26 |
| with reasonable evidence to support its claim for
|
|
|
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| reimbursement before the municipality shall be |
2 |
| required to approve or make
the payment to the school |
3 |
| district. If the school district fails to provide
the |
4 |
| information during this period in any year, it shall |
5 |
| forfeit any claim to
reimbursement for that year. |
6 |
| School districts may adopt a resolution
waiving the |
7 |
| right to all or a portion of the reimbursement |
8 |
| otherwise required
by this paragraph
(7.5). By |
9 |
| acceptance of this reimbursement the school
district |
10 |
| waives the right to directly or indirectly set aside, |
11 |
| modify, or
contest in any manner the establishment of |
12 |
| the redevelopment project area or
projects;
|
13 |
| (7.7) For redevelopment project areas designated (or |
14 |
| redevelopment
project areas amended to add or increase the |
15 |
| number of
tax-increment-financing assisted housing units) |
16 |
| on or after
January 1, 2005 (the effective date of Public |
17 |
| Act 93-961),
a public library
district's increased costs |
18 |
| attributable to assisted housing units located
within the
|
19 |
| redevelopment project area for which the developer or |
20 |
| redeveloper receives
financial assistance through an |
21 |
| agreement with the municipality or because the
|
22 |
| municipality incurs the cost of necessary infrastructure |
23 |
| improvements within
the boundaries of the assisted housing |
24 |
| sites necessary for the completion of
that housing
as |
25 |
| authorized by this Act shall be paid to the library |
26 |
| district by the
municipality
from the Special Tax |
|
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LRB096 08251 RLJ 18358 b |
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| Allocation Fund when the tax increment revenue is received
|
2 |
| as a result of the assisted housing units. This paragraph |
3 |
| (7.7) applies only if (i) the library district is located |
4 |
| in a county that is subject to the Property Tax Extension |
5 |
| Limitation Law or (ii) the library district is not located |
6 |
| in a county that is subject to the Property Tax Extension |
7 |
| Limitation Law but the district is prohibited by any other |
8 |
| law from increasing its tax levy rate without a prior voter |
9 |
| referendum.
|
10 |
| The amount paid to a library district under this |
11 |
| paragraph (7.7) shall be
calculated
by multiplying (i) the |
12 |
| net increase in the number of persons eligible to obtain
a
|
13 |
| library card
in that district who reside in housing units |
14 |
| within
the redevelopment project area that have received |
15 |
| financial assistance through
an agreement with the |
16 |
| municipality or because the municipality incurs the cost
of |
17 |
| necessary infrastructure improvements within the |
18 |
| boundaries of the housing
sites necessary for the |
19 |
| completion of that housing as authorized by this Act
since |
20 |
| the designation of the redevelopment project area by (ii)
|
21 |
| the per-patron cost of providing library services so long |
22 |
| as it does not exceed $120.
The per-patron cost shall be |
23 |
| the Total Operating Expenditures Per Capita as stated in |
24 |
| the most recent Illinois Public Library Statistics |
25 |
| produced by the Library Research Center at the University |
26 |
| of Illinois.
The municipality may deduct from the amount |
|
|
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HB2373 |
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LRB096 08251 RLJ 18358 b |
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| that it must pay to a library district under this paragraph |
2 |
| any amount that it has voluntarily paid to the library |
3 |
| district from the tax increment revenue. The amount paid to |
4 |
| a library district under this paragraph (7.7) shall be no
|
5 |
| more
than 2% of the amount produced by the assisted housing |
6 |
| units and deposited into the Special Tax Allocation Fund.
|
7 |
| A library district is not eligible for any payment |
8 |
| under this paragraph
(7.7)
unless the library district has |
9 |
| experienced an increase in the
number of patrons from the |
10 |
| municipality that created the tax-increment-financing |
11 |
| district since the designation of the redevelopment |
12 |
| project area.
|
13 |
| Any library district seeking payment under this |
14 |
| paragraph (7.7) shall,
after July 1 and before September 30 |
15 |
| of each year,
provide the municipality with convincing |
16 |
| evidence to support its claim for
reimbursement before the |
17 |
| municipality shall be required to approve or make
the |
18 |
| payment to the library district. If the library district |
19 |
| fails to provide
the information during this period in any |
20 |
| year, it shall forfeit any claim to
reimbursement for that |
21 |
| year. Library districts may adopt a resolution
waiving the |
22 |
| right to all or a portion of the reimbursement otherwise |
23 |
| required by this paragraph (7.7). By acceptance of such |
24 |
| reimbursement, the library district shall forfeit any |
25 |
| right to directly or indirectly set aside, modify, or |
26 |
| contest in any manner whatsoever the establishment of the |
|
|
|
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LRB096 08251 RLJ 18358 b |
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| redevelopment project area or
projects;
|
2 |
| (8) Relocation costs to the extent that a municipality |
3 |
| determines that
relocation costs shall be paid or is |
4 |
| required to make payment of relocation
costs by federal or |
5 |
| State law or in order to satisfy subparagraph (7) of
|
6 |
| subsection (n);
|
7 |
| (9) Payment in lieu of taxes;
|
8 |
| (10) Costs of job training, retraining, advanced |
9 |
| vocational education
or career
education, including but |
10 |
| not limited to courses in occupational,
semi-technical or |
11 |
| technical fields leading directly to employment, incurred
|
12 |
| by one or more taxing districts, provided that such costs |
13 |
| (i) are related
to the establishment and maintenance of |
14 |
| additional job training, advanced
vocational education or |
15 |
| career education programs for persons employed or
to be |
16 |
| employed by employers located in a redevelopment project |
17 |
| area; and
(ii) when incurred by a taxing district or taxing |
18 |
| districts other than the
municipality, are set forth in a |
19 |
| written agreement by or among the
municipality and the |
20 |
| taxing district or taxing districts, which agreement
|
21 |
| describes the program to be undertaken, including but not |
22 |
| limited to the
number of employees to be trained, a |
23 |
| description of the training and
services to be provided, |
24 |
| the number and type of positions available or to
be |
25 |
| available, itemized costs of the program and sources of |
26 |
| funds to pay for the
same, and the term of the agreement. |
|
|
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| Such costs include, specifically, the
payment by community |
2 |
| college districts of costs pursuant to Sections 3-37,
3-38, |
3 |
| 3-40 and 3-40.1 of the Public Community College Act and by |
4 |
| school
districts of costs pursuant to Sections 10-22.20a |
5 |
| and 10-23.3a of The School
Code;
|
6 |
| (11) Interest cost incurred by a redeveloper related to |
7 |
| the
construction, renovation or rehabilitation of a |
8 |
| redevelopment project
provided that:
|
9 |
| (A) such costs are to be paid directly from the |
10 |
| special tax
allocation fund established pursuant to |
11 |
| this Act;
|
12 |
| (B) such payments in any one year may not exceed |
13 |
| 30% of the annual
interest costs incurred by the |
14 |
| redeveloper with regard to the redevelopment
project |
15 |
| during that year;
|
16 |
| (C) if there are not sufficient funds available in |
17 |
| the special tax
allocation fund to make the payment |
18 |
| pursuant to this paragraph (11) then
the amounts so due |
19 |
| shall accrue and be payable when sufficient funds are
|
20 |
| available in the special tax allocation fund;
|
21 |
| (D) the total of such interest payments paid |
22 |
| pursuant to this Act
may not exceed 30% of the total |
23 |
| (i) cost paid or incurred by the
redeveloper for the |
24 |
| redevelopment project plus (ii) redevelopment project
|
25 |
| costs excluding any property assembly costs and any |
26 |
| relocation costs
incurred by a municipality pursuant |
|
|
|
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| to this Act; and
|
2 |
| (E) the cost limits set forth in subparagraphs (B) |
3 |
| and (D) of
paragraph (11) shall be modified for the |
4 |
| financing of rehabilitated or
new housing units for |
5 |
| low-income households and very low-income households, |
6 |
| as
defined in
Section 3 of the Illinois Affordable |
7 |
| Housing Act. The percentage of
75% shall be substituted |
8 |
| for 30% in subparagraphs (B) and (D) of
paragraph (11).
|
9 |
| (F) Instead of the eligible costs provided by |
10 |
| subparagraphs (B) and (D)
of
paragraph (11), as |
11 |
| modified by this subparagraph, and notwithstanding
any |
12 |
| other provisions of this Act to the contrary, the |
13 |
| municipality may
pay from tax increment revenues up to |
14 |
| 50% of the cost of construction
of new housing units to |
15 |
| be occupied by low-income households and very
|
16 |
| low-income
households as defined in Section 3 of the |
17 |
| Illinois Affordable Housing
Act. The cost of |
18 |
| construction of those units may be derived from the
|
19 |
| proceeds of bonds issued by the municipality under this |
20 |
| Act or
other constitutional or statutory authority or |
21 |
| from other sources of
municipal revenue that may be |
22 |
| reimbursed from tax increment
revenues or the proceeds |
23 |
| of bonds issued to finance the construction
of that |
24 |
| housing.
|
25 |
| The eligible costs provided under this |
26 |
| subparagraph (F) of paragraph (11)
shall
be
an eligible |
|
|
|
HB2373 |
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1 |
| cost for the construction, renovation, and |
2 |
| rehabilitation of all
low and very low-income housing |
3 |
| units, as defined in Section 3 of the Illinois
|
4 |
| Affordable Housing Act, within the redevelopment |
5 |
| project area. If the low and
very
low-income units are |
6 |
| part of a residential redevelopment project that |
7 |
| includes
units not affordable to low and very |
8 |
| low-income households, only the low and
very |
9 |
| low-income units shall be eligible for benefits under |
10 |
| subparagraph (F) of
paragraph (11).
The standards for |
11 |
| maintaining the occupancy
by low-income households and |
12 |
| very low-income households,
as
defined in Section 3 of |
13 |
| the Illinois Affordable Housing Act,
of those units |
14 |
| constructed with eligible costs made available under |
15 |
| the
provisions of
this subparagraph (F) of paragraph |
16 |
| (11)
shall be
established by guidelines adopted by the |
17 |
| municipality. The
responsibility for annually |
18 |
| documenting the initial occupancy of
the units by |
19 |
| low-income households and very low-income households, |
20 |
| as defined
in
Section 3
of the Illinois Affordable |
21 |
| Housing Act, shall be that of the then current
owner of |
22 |
| the property.
For ownership units, the guidelines will |
23 |
| provide, at a minimum, for a
reasonable recapture of |
24 |
| funds, or other appropriate methods designed to
|
25 |
| preserve the original affordability of the ownership |
26 |
| units. For rental units,
the guidelines will provide, |
|
|
|
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LRB096 08251 RLJ 18358 b |
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|
1 |
| at a minimum, for the affordability of rent to low
and |
2 |
| very low-income households. As units become available, |
3 |
| they shall be
rented to income-eligible tenants.
The |
4 |
| municipality may modify these
guidelines from time to |
5 |
| time; the guidelines, however, shall be in effect
for |
6 |
| as long as tax increment revenue is being used to pay |
7 |
| for costs
associated with the units or for the |
8 |
| retirement of bonds issued to finance
the units or for |
9 |
| the life of the redevelopment project area, whichever |
10 |
| is
later.
|
11 |
| (11.5) If the redevelopment project area is located |
12 |
| within a municipality
with a population of more than 10,000 |
13 |
| 100,000 , the cost of day care services for
children of |
14 |
| employees from
low-income
families working for businesses |
15 |
| located within the redevelopment project area
and all or a
|
16 |
| portion of the cost of operation of day care centers |
17 |
| established by
redevelopment project
area businesses to |
18 |
| serve employees from low-income families working in
|
19 |
| businesses
located in the redevelopment project area. For |
20 |
| the purposes of this paragraph,
"low-income families" |
21 |
| means families whose annual income does not exceed 80% of
|
22 |
| the
municipal, county, or regional median income, adjusted |
23 |
| for family size, as the
annual
income and municipal, |
24 |
| county, or regional median income are determined from
time |
25 |
| to
time by the United States Department of Housing and |
26 |
| Urban Development.
|
|
|
|
HB2373 |
- 101 - |
LRB096 08251 RLJ 18358 b |
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|
1 |
| (12) Unless explicitly stated herein the cost of |
2 |
| construction of new
privately-owned buildings shall not be |
3 |
| an eligible redevelopment project cost.
|
4 |
| (13) After November 1, 1999 (the effective date of |
5 |
| Public Act
91-478), none of
the
redevelopment project costs |
6 |
| enumerated in this subsection shall be eligible
|
7 |
| redevelopment project costs if those costs would provide |
8 |
| direct financial
support to a
retail entity initiating |
9 |
| operations in the
redevelopment project area while
|
10 |
| terminating operations at another Illinois location within |
11 |
| 10 miles of the
redevelopment project area but outside the |
12 |
| boundaries of the redevelopment
project area municipality. |
13 |
| For
purposes of this paragraph, termination means a
closing |
14 |
| of a retail operation that is directly related to the |
15 |
| opening of the
same operation or like retail entity owned |
16 |
| or operated by more than 50% of the
original ownership in a |
17 |
| redevelopment project area, but
it does not mean
closing an |
18 |
| operation for reasons beyond the control of the
retail |
19 |
| entity, as
documented by the retail entity, subject to a |
20 |
| reasonable finding by the
municipality that the current |
21 |
| location contained inadequate space, had become
|
22 |
| economically obsolete, or was no longer a viable location |
23 |
| for the retailer or
serviceman.
|
24 |
| (14) No cost shall be a redevelopment project cost in a |
25 |
| redevelopment project area if used to demolish, remove, or |
26 |
| substantially modify a historic resource, after August 26, |
|
|
|
HB2373 |
- 102 - |
LRB096 08251 RLJ 18358 b |
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|
1 |
| 2008 ( the effective date of Public Act 95-934)
this |
2 |
| amendatory Act of the 95th General Assembly , unless no |
3 |
| prudent and feasible alternative exists. "Historic |
4 |
| resource" for the purpose of this item (14) means (i) a |
5 |
| place or structure that is included or eligible for |
6 |
| inclusion on the National Register of Historic Places or |
7 |
| (ii) a contributing structure in a district on the National |
8 |
| Register of Historic Places. This item (14) does not apply |
9 |
| to a place or structure for which demolition, removal, or |
10 |
| modification is subject to review by the preservation |
11 |
| agency of a Certified Local Government designated as such |
12 |
| by the National Park Service of the United States |
13 |
| Department of the Interior. |
14 |
| If a special service area has been established pursuant to
|
15 |
| the Special Service Area Tax Act or Special Service Area Tax |
16 |
| Law, then any
tax increment revenues derived
from the tax |
17 |
| imposed pursuant to the Special Service Area Tax Act or Special
|
18 |
| Service Area Tax Law may
be used within the redevelopment |
19 |
| project area for the purposes permitted by
that Act or Law as |
20 |
| well as the purposes permitted by this Act.
|
21 |
| (r) "State Sales Tax Boundary" means the redevelopment |
22 |
| project area or
the amended redevelopment project area |
23 |
| boundaries which are determined
pursuant to subsection (9) of |
24 |
| Section 11-74.4-8a of this
Act. The Department of Revenue shall |
25 |
| certify pursuant to subsection (9) of
Section 11-74.4-8a the |
26 |
| appropriate boundaries eligible for the
determination of State |
|
|
|
HB2373 |
- 103 - |
LRB096 08251 RLJ 18358 b |
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|
1 |
| Sales Tax Increment.
|
2 |
| (s) "State Sales Tax Increment" means an amount equal to |
3 |
| the increase
in the aggregate amount of taxes paid by retailers |
4 |
| and servicemen, other
than retailers and servicemen subject to |
5 |
| the Public Utilities Act,
on transactions at places of business |
6 |
| located within a State Sales Tax
Boundary pursuant to the |
7 |
| Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use |
8 |
| Tax Act, and the Service Occupation Tax Act, except such
|
9 |
| portion of such increase that is paid into the State and Local |
10 |
| Sales Tax
Reform Fund, the Local Government Distributive Fund, |
11 |
| the Local
Government Tax Fund and the County and Mass Transit |
12 |
| District Fund, for as
long as State participation exists, over |
13 |
| and above the Initial Sales Tax
Amounts, Adjusted Initial Sales |
14 |
| Tax Amounts or the Revised Initial Sales
Tax Amounts for such |
15 |
| taxes as certified by the Department of Revenue and
paid under |
16 |
| those Acts by retailers and servicemen on transactions at |
17 |
| places
of business located within the State Sales Tax Boundary |
18 |
| during the base
year which shall be the calendar year |
19 |
| immediately prior to the year in
which the municipality adopted |
20 |
| tax increment allocation financing, less
3.0% of such amounts |
21 |
| generated under the Retailers' Occupation Tax Act, Use
Tax Act |
22 |
| and Service Use Tax Act and the Service Occupation Tax Act, |
23 |
| which
sum shall be appropriated to the Department of Revenue to |
24 |
| cover its costs
of administering and enforcing this Section. |
25 |
| For purposes of computing the
aggregate amount of such taxes |
26 |
| for base years occurring prior to 1985, the
Department of |
|
|
|
HB2373 |
- 104 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| Revenue shall compute the Initial Sales Tax Amount for such
|
2 |
| taxes and deduct therefrom an amount equal to 4% of the |
3 |
| aggregate amount of
taxes per year for each year the base year |
4 |
| is prior to 1985, but not to
exceed a total deduction of 12%. |
5 |
| The amount so determined shall be known
as the "Adjusted |
6 |
| Initial Sales Tax Amount". For purposes of determining the
|
7 |
| State Sales Tax Increment the Department of Revenue shall for |
8 |
| each period
subtract from the tax amounts received from |
9 |
| retailers and servicemen on
transactions located in the State |
10 |
| Sales Tax Boundary, the certified Initial
Sales Tax Amounts, |
11 |
| Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax |
12 |
| Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
|
13 |
| the Service Use Tax Act and the Service Occupation Tax Act. For |
14 |
| the State
Fiscal Year 1989 this calculation shall be made by |
15 |
| utilizing the calendar
year 1987 to determine the tax amounts |
16 |
| received. For the State Fiscal Year
1990, this calculation |
17 |
| shall be made by utilizing the period from January
1, 1988, |
18 |
| until September 30, 1988, to determine the tax amounts received
|
19 |
| from retailers and servicemen, which shall have deducted |
20 |
| therefrom
nine-twelfths of the certified Initial Sales Tax |
21 |
| Amounts, Adjusted Initial
Sales Tax Amounts or the Revised |
22 |
| Initial Sales Tax Amounts as appropriate.
For the State Fiscal |
23 |
| Year 1991, this calculation shall be made by utilizing
the |
24 |
| period from October 1, 1988, until June 30, 1989, to determine |
25 |
| the tax
amounts received from retailers and servicemen, which |
26 |
| shall have
deducted therefrom nine-twelfths of the certified |
|
|
|
HB2373 |
- 105 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax |
2 |
| Amounts or the Revised Initial Sales
Tax Amounts as |
3 |
| appropriate. For every State Fiscal Year thereafter, the
|
4 |
| applicable period shall be the 12 months beginning July 1 and |
5 |
| ending on
June 30, to determine the tax amounts received which |
6 |
| shall have deducted
therefrom the certified Initial Sales Tax |
7 |
| Amounts, Adjusted Initial Sales
Tax Amounts or the Revised |
8 |
| Initial Sales Tax Amounts. Municipalities
intending to receive |
9 |
| a distribution of State Sales Tax Increment must
report a list |
10 |
| of retailers to the Department of Revenue by October 31, 1988
|
11 |
| and by July 31, of each year thereafter.
|
12 |
| (t) "Taxing districts" means counties, townships, cities |
13 |
| and incorporated
towns and villages, school, road, park, |
14 |
| sanitary, mosquito abatement, forest
preserve, public health, |
15 |
| fire protection, river conservancy, tuberculosis
sanitarium |
16 |
| and any other municipal corporations or districts with the |
17 |
| power
to levy taxes.
|
18 |
| (u) "Taxing districts' capital costs" means those costs of |
19 |
| taxing districts
for capital improvements that are found by the |
20 |
| municipal corporate authorities
to be necessary and directly |
21 |
| result from the redevelopment project.
|
22 |
| (v) As used in subsection (a) of Section 11-74.4-3 of this
|
23 |
| Act, "vacant
land" means any parcel or combination of parcels |
24 |
| of real property without
industrial, commercial, and |
25 |
| residential buildings which has not been used
for commercial |
26 |
| agricultural purposes within 5 years prior to the
designation |
|
|
|
HB2373 |
- 106 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| of the redevelopment project area, unless the parcel
is |
2 |
| included in an industrial park conservation area or the parcel |
3 |
| has
been subdivided; provided that if the parcel was part of a |
4 |
| larger tract that
has been divided into 3 or more smaller |
5 |
| tracts that were accepted for
recording during the period from |
6 |
| 1950 to 1990, then the parcel shall be deemed
to have been |
7 |
| subdivided, and all proceedings and actions of the municipality
|
8 |
| taken in that connection with respect to any previously |
9 |
| approved or designated
redevelopment project area or amended |
10 |
| redevelopment project area are hereby
validated and hereby |
11 |
| declared to be legally sufficient for all purposes of this
Act.
|
12 |
| For purposes of this Section and only for land subject to
the |
13 |
| subdivision requirements of the Plat Act, land is subdivided |
14 |
| when the
original plat of
the proposed Redevelopment Project |
15 |
| Area or relevant portion thereof has
been
properly certified, |
16 |
| acknowledged, approved, and recorded or filed in accordance
|
17 |
| with the Plat Act and a preliminary plat, if any, for any |
18 |
| subsequent phases of
the
proposed Redevelopment Project Area or |
19 |
| relevant portion thereof has been
properly approved and filed |
20 |
| in accordance with the applicable ordinance of the
|
21 |
| municipality.
|
22 |
| (w) "Annual Total Increment" means the sum of each |
23 |
| municipality's
annual Net Sales Tax Increment and each |
24 |
| municipality's annual Net Utility
Tax Increment. The ratio of |
25 |
| the Annual Total Increment of each
municipality to the Annual |
26 |
| Total Increment for all municipalities, as most
recently |
|
|
|
HB2373 |
- 107 - |
LRB096 08251 RLJ 18358 b |
|
|
1 |
| calculated by the Department, shall determine the proportional
|
2 |
| shares of the Illinois Tax Increment Fund to be distributed to |
3 |
| each
municipality.
|
4 |
| (Source: P.A. 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; |
5 |
| 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. |
6 |
| 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff. |
7 |
| 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, |
8 |
| eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07; |
9 |
| 94-1092, eff. 1-26-07; 95-15, eff. 7-16-07; 95-164, eff. |
10 |
| 1-1-08; 95-331, eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, |
11 |
| eff. 8-27-07; 95-653, eff. 1-1-08; 95-662, eff. 10-11-07; |
12 |
| 95-683, eff. 10-19-07; 95-709, eff. 1-29-08; 95-876, eff. |
13 |
| 8-21-08; 95-932, eff. 8-26-08; 95-934, eff. 8-26-08; 95-964, |
14 |
| eff. 9-23-08; 95-977, eff. 9-22-08; 95-1028, eff. 1-1-10; |
15 |
| revised 1-27-09.) |
16 |
| Section 95. No acceleration or delay. Where this Act makes |
17 |
| changes in a statute that is represented in this Act by text |
18 |
| that is not yet or no longer in effect (for example, a Section |
19 |
| represented by multiple versions), the use of that text does |
20 |
| not accelerate or delay the taking effect of (i) the changes |
21 |
| made by this Act or (ii) provisions derived from any other |
22 |
| Public Act.
|
23 |
| Section 99. Effective date. This Act takes effect upon |
24 |
| becoming law.
|