|
Public Act 096-0606 |
HB0441 Enrolled |
LRB096 07236 RLJ 17322 b |
|
|
AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Municipal Code is amended by |
changing Section 11-74.6-10 as follows:
|
(65 ILCS 5/11-74.6-10)
|
Sec. 11-74.6-10. Definitions.
|
(a) "Environmentally contaminated area" means any improved |
or vacant area
within
the boundaries
of a redevelopment project |
area located within the corporate limits of
a municipality |
when,
(i) there has been a determination of release or |
substantial threat of release
of
a hazardous substance or |
pesticide, by the United States Environmental
Protection |
Agency or the Illinois Environmental Protection Agency, or the
|
Illinois Pollution Control Board, or any court, or a release or |
substantial
threat of release which is addressed as part of the |
Pre-Notice Site Cleanup
Program under Section 22.2(m) of the |
Illinois Environmental Protection Act, or
a release or |
substantial threat of release of petroleum under Section 22.12 |
of
the Illinois Environmental Protection Act, and (ii) which |
release or threat of
release presents an imminent and |
substantial danger to public health or welfare
or presents a |
significant threat to public health or the environment, and |
|
(iii)
which release or threat of release would have a |
significant impact on the cost
of redeveloping the area.
|
(b) "Department" means the Department of Commerce and |
Economic Opportunity.
|
(c) "Industrial park" means an area in a redevelopment |
project
area suitable for use by any manufacturing, industrial, |
research, or
transportation enterprise, of facilities, |
including but not limited to
factories, mills, processing |
plants, assembly plants, packing plants,
fabricating plants, |
distribution centers, warehouses, repair
overhaul or service |
facilities, freight terminals, research facilities,
test |
facilities or railroad facilities. An industrial park may |
contain
space for commercial and other use as long as the |
expected principal use of the
park is
industrial and
is |
reasonably expected to result in the creation of a significant |
number of new
permanent full time jobs. An
industrial park may |
also contain related operations and facilities including,
but |
not
limited to, business and office support services such as |
centralized
computers, telecommunications, publishing, |
accounting, photocopying and
similar activities and employee |
services such as child care, health care,
food service and |
similar activities. An industrial park may also include
|
demonstration projects, prototype development, specialized |
training on
developing technology, and pure research in any |
field related or adaptable
to business and industry.
|
(d) "Research park" means an area in a redevelopment |
|
project area
suitable for development of a facility or complex |
that includes
research laboratories and related operations. |
These related operations may
include, but are not limited to, |
business and office support services
such as centralized |
computers, telecommunications, publishing,
accounting, |
photocopying and similar activities, and employee services
|
such as child care, health care, food service and similar |
activities.
A research park may include demonstration |
projects, prototype development,
specialized training on |
developing technology, and pure research
in any field related |
or adaptable to business and industry.
|
(e) "Industrial park conservation area" means an area |
within the
boundaries of a redevelopment project area located |
within the corporate
limits of a municipality or within 1 1/2 |
miles of the corporate limits of a
municipality if the area is |
to be annexed to the municipality, if the area is
zoned as |
industrial no later than the date on which the municipality by
|
ordinance designates the redevelopment project area, and if the |
area
includes improved or vacant land suitable for use as an |
industrial park or
a research park, or both. To be designated |
as an industrial park
conservation area, the area shall also |
satisfy one of the following standards:
|
(1) Standard One: The municipality must be a labor |
surplus municipality
and the area must be served by |
adequate public and or road transportation for
access by |
the unemployed and for the movement of goods or materials |
|
and the
redevelopment project area shall contain no more |
than 2% of the most recently
ascertained equalized assessed |
value of all taxable real properties within the
corporate |
limits of the municipality after adjustment for all |
annexations
associated with the establishment of the |
redevelopment project area or be
located in the vicinity of |
a waste disposal site or other waste facility. The
project |
plan shall include a plan for and shall establish a
|
marketing program to attract appropriate businesses to the |
proposed industrial
park conservation area and shall |
include an adequate plan for financing and
construction of |
the necessary infrastructure. No redevelopment projects |
may be
authorized by the municipality under Standard One of |
subsection (e) of this
Section unless the project plan also |
provides for an employment training
project that would |
prepare unemployed workers for work in the industrial park
|
conservation area, and the project has been approved by |
official action of or
is to be operated by the local |
community college district, public school
district or |
state or locally designated private
industry council or |
successor agency, or
|
(2) Standard Two: The municipality must be a |
substantial labor surplus
municipality and the area must be |
served by adequate public and or road
transportation for
|
access by the unemployed and for the movement of goods or |
materials
and the
redevelopment project area shall contain |
|
no more than 2% of the most
recently ascertained equalized |
assessed value of all taxable real properties
within the
|
corporate limits of the municipality after adjustment for |
all annexations
associated with the establishment of the |
redevelopment project area.
No
redevelopment projects may |
be authorized by the municipality under Standard
Two of |
subsection (e) of this Section unless the project plan
also |
provides for an employment training project that would |
prepare
unemployed workers for work in the industrial park |
conservation area, and the
project has been approved by |
official action of or is to be operated by the
local |
community college district,
public school district or |
state or locally designated private industry
council or |
successor agency.
|
(f) "Vacant industrial buildings conservation area" means |
an area containing
one or more industrial buildings located |
within the corporate limits of the
municipality that has been |
zoned industrial for at least 5 years before the
designation of |
that area as a redevelopment project area by the
municipality |
and is planned for reuse principally for industrial purposes.
|
For the area to be designated as a vacant industrial buildings |
conservation
area, the area shall also satisfy one of the |
following standards:
|
(1) Standard One: The area shall consist of one or more |
industrial
buildings totaling at least 50,000 net square |
feet of industrial space, with
a majority of the total area |
|
of all the buildings having been vacant for at
least 18 |
months; and (A) the area is located in a labor surplus
|
municipality or a substantial labor surplus municipality, |
or (B)
the equalized assessed
value of the properties |
within the area during the last 2 years is at least
25% |
lower than the maximum equalized assessed value of those |
properties
during the immediately preceding 10 years.
|
(2) Standard Two: The area exclusively consists of |
industrial
buildings or a building complex operated by a |
user or related users (A) that
has within the immediately |
preceding 5 years either (i) employed 200 or more
employees |
at that location, or (ii) if the area is located in a |
municipality
with a population of 12,000 or less, employed |
more than 50 employees at that
location and (B) either is |
currently vacant, or the owner has: (i) directly
notified |
the municipality of the user's intention to terminate |
operations at
the facility or (ii) filed a notice of |
closure under the Worker Adjustment and
Retraining |
Notification Act.
|
(g) "Labor surplus municipality" means a municipality in |
which,
during the 4 calendar years immediately preceding the |
date
the municipality by
ordinance designates an industrial |
park conservation area, the average
unemployment rate was 1% or |
more over the State average
unemployment
rate for
that same |
period of time as published in the United States Department of
|
Labor Bureau of Labor Statistics publication entitled "The |
|
Employment
Situation" or its successor publication. For the |
purpose of this
subsection (g), if unemployment rate statistics |
for the municipality are
not available, the unemployment rate |
in the municipality shall be deemed to
be: (i) for a |
municipality that is not in an urban county, the same as the
|
unemployment rate in the principal county where the |
municipality is located or
(ii) for a municipality in an urban |
county at that municipality's option,
either the unemployment |
rate certified for the municipality by the Department
after |
consultation with the Illinois
Department of Labor or the |
federal Bureau of Labor Statistics, or the
unemployment rate of |
the municipality as determined by the most recent federal
|
census if that census was not dated more than 5 years prior to |
the date on
which the determination is made.
|
(h) "Substantial labor surplus municipality" means a |
municipality in
which, during the 5 calendar years immediately |
preceding the date the
municipality by
ordinance
designates an |
industrial park conservation area, the average unemployment |
rate
was 2% or more over the State average unemployment rate |
for
that
same period of time as published in the United States |
Department of Labor
Statistics publication entitled "The |
Employment Situation" or its successor
publication. For the |
purpose of this subsection (h), if unemployment rate
statistics |
for the municipality are not available, the unemployment rate |
in the
municipality shall be deemed to be: (i) for a |
municipality that is not in an
urban county, the same as the |
|
unemployment rate in the principal county in
which the |
municipality is located; or (ii) for a municipality in an urban
|
county, at that municipality's option, either the unemployment |
rate certified
for the municipality by the Department after
|
consultation with the Illinois Department of Labor or the |
federal Bureau of
Labor Statistics, or the unemployment rate of |
the municipality as determined by
the most recent federal |
census if that census was not dated more than 5 years
prior to |
the date on which the determination is made.
|
(i) "Municipality" means a city, village or incorporated |
town.
|
(j) "Obligations" means bonds, loans, debentures, notes, |
special
certificates or other evidence of indebtedness issued |
by the municipality
to carry out a redevelopment project or to |
refund outstanding obligations.
|
(k) "Payment in lieu of taxes" means those estimated tax |
revenues from
real property in a redevelopment project area |
derived from real property that
has been acquired by a |
municipality,
which according to the redevelopment project or |
plan are to be used for a
private use, that taxing districts |
would have received had a municipality
not acquired the real |
property and adopted tax increment allocation
financing and |
that would result from
levies made after the time of the |
adoption of tax increment allocation
financing until the time |
the current equalized assessed value of real
property in the |
redevelopment project area exceeds the total initial
equalized |
|
assessed value of real property in that area.
|
(l) "Redevelopment plan" means the comprehensive program |
of the
municipality for development or redevelopment intended |
by the payment of
redevelopment project costs to reduce or |
eliminate the conditions that
qualified the redevelopment |
project area or redevelopment planning area, or
both, as an |
environmentally contaminated
area or industrial
park |
conservation area, or vacant industrial buildings
conservation |
area, or combination thereof, and thereby to enhance
the tax |
bases of the taxing districts that extend into the |
redevelopment
project area or redevelopment planning area.
On |
and after the effective date of this amendatory Act of the 91st |
General
Assembly, no
redevelopment plan may be approved or |
amended to include the development of
vacant land (i) with a |
golf course and related clubhouse and other facilities
or (ii) |
designated by federal, State, county, or municipal government |
as public
land for outdoor recreational activities or for |
nature preserves and used for
that purpose within 5
years prior |
to the adoption of the redevelopment plan. For the purpose of
|
this subsection, "recreational activities" is limited to mean |
camping and
hunting.
Each redevelopment plan must set forth in |
writing the
bases for the municipal findings required in this |
subsection, the
program to be undertaken to accomplish the |
objectives, including
but not limited to: (1) an itemized list |
of estimated redevelopment project
costs,
(2) evidence |
indicating that the redevelopment project area or the
|
|
redevelopment planning area, or both, on the whole has
not
been |
subject to growth and development through investment by private
|
enterprise,
(3) (i) in the case of an environmentally |
contaminated area, industrial park
conservation
area, or a |
vacant industrial buildings conservation area classified under
|
either Standard One, or Standard Two of subsection (f) where |
the building is
currently vacant, evidence that implementation |
of the redevelopment plan is
reasonably expected to create a |
significant number of permanent full time jobs,
(ii) in
the |
case of a vacant industrial buildings conservation area |
classified under
Standard Two (B)(i) or (ii) of subsection (f), |
evidence that implementation of
the redevelopment plan is |
reasonably expected to retain a significant number of
existing |
permanent full time jobs, and (iii) in the case of a
|
combination of
an environmentally contaminated area, |
industrial park conservation area, or
vacant industrial
|
buildings conservation area, evidence that the standards |
concerning the
creation or retention of jobs for each area set |
forth in (i) or (ii)
above are met,
(4) an assessment of the |
financial impact of the redevelopment
project area or the |
redevelopment planning area, or both,
on
the overlapping taxing |
bodies or any increased demand for services from any
taxing |
district affected by the
plan and any program to address such |
financial impact or increased demand, (5)
the sources of
funds |
to pay costs, (6) the nature and term of the obligations to be |
issued,
(7)
the most recent equalized assessed valuation of the |
|
redevelopment project
area or the redevelopment planning area, |
or both, (8) an estimate of the
equalized assessed valuation |
after redevelopment
and the general land uses that are applied |
in the redevelopment project area
or the redevelopment planning |
area, or both,
(9) a
commitment to fair employment practices |
and an affirmative action plan,
(10) if it includes an |
industrial park conservation area, the following: (i) a
general |
description of any proposed developer, (ii) user and tenant of |
any
property, (iii) a description of the type, structure and |
general character of
the facilities to be developed, and (iv) a |
description of the type, class and
number of new employees to |
be employed in the operation of the facilities to be
developed,
|
(11) if it includes an environmentally contaminated area, the |
following:
either (i) a determination of release or substantial |
threat of release of a
hazardous substance or pesticide or of |
petroleum by the United States
Environmental Protection Agency |
or the Illinois Environmental Protection
Agency, or the |
Illinois Pollution Control Board or any court; or (ii) both an
|
environmental audit report by a nationally recognized |
independent
environmental auditor having a reputation for |
expertise in these matters and a
copy of the signed Review and |
Evaluation Services Agreement indicating
acceptance of the |
site by the Illinois Environmental Protection Agency into the
|
Pre-Notice Site Cleanup Program,
(12) if it includes a vacant |
industrial buildings conservation area, the
following: (i) a
|
general description of any proposed developer, (ii) user and |
|
tenant of any
building or buildings, (iii) a description of the |
type, structure and general
character of
the building or |
buildings to be developed, and (iv) a description of the type,
|
class and
number of new employees to be employed or existing |
employees to be retained in
the operation of the building or |
buildings to be
redeveloped,
and (13) if property is to be |
annexed to the municipality, the
terms
of the annexation |
agreement.
|
No redevelopment plan shall be adopted by a
municipality |
without findings that:
|
(1) the redevelopment project area or redevelopment |
planning area, or
both, on the whole has not been subject |
to
growth and development through investment by private |
enterprise and would
not reasonably be anticipated to be |
developed in accordance with public
goals stated in the |
redevelopment plan without the adoption of the
|
redevelopment plan;
|
(2) the redevelopment plan and project conform to the |
comprehensive plan
for the development of the municipality |
as a whole, or, for municipalities with
a population of |
100,000 or more, regardless of when the redevelopment plan |
and
project was adopted, the redevelopment plan and project |
either: (i) conforms
to the strategic economic development |
or redevelopment plan issued by the
designated
planning |
authority of the municipality or (ii) includes land uses |
that have
been approved by the planning commission of the |
|
municipality;
|
(3) that the redevelopment plan is reasonably expected |
to create or retain
a significant number of permanent full |
time jobs as set forth in paragraph
(3) of subsection (l) |
above;
|
(4) the estimated date of completion of the |
redevelopment project and
retirement of obligations |
incurred to finance redevelopment project costs
is not
|
later than December 31 of the year in which the payment to |
the municipal
treasurer as provided in subsection (b) of |
Section 11-74.6-35 is to
be made with respect to ad valorem |
taxes levied in the twenty-third
calendar year after the |
year in which the ordinance approving the
redevelopment |
project area is adopted;
a municipality may by municipal |
ordinance amend an existing redevelopment
plan to conform |
to this paragraph (4) as amended by this amendatory Act of
|
the 91st General Assembly concerning ordinances adopted on |
or after January 15,
1981, which
municipal ordinance may be |
adopted without further hearing or
notice and without |
complying with the procedures provided in this Law
|
pertaining to an amendment to or the initial approval of a |
redevelopment plan
and project and
designation of a |
redevelopment project area;
|
(5) in the case of an industrial park conservation |
area, that the
municipality is a labor surplus municipality |
or a substantial labor surplus
municipality and that the |
|
implementation of
the redevelopment plan is reasonably |
expected to create a
significant number of permanent full |
time new jobs and, by
the provision of new facilities, |
significantly enhance the tax base of the
taxing
districts |
that extend into the redevelopment project area;
|
(6) in the case of an environmentally contaminated |
area, that the area
is
subject to a release or substantial |
threat of release of a hazardous substance,
pesticide or |
petroleum which presents an imminent and substantial |
danger to
public health or welfare or presents a |
significant threat to public health or
environment, that |
such release or threat of release will have a significant
|
impact on the cost of redeveloping the area, that the |
implementation of the
redevelopment plan is reasonably |
expected to result in the area being
redeveloped, the tax |
base of the affected taxing districts being significantly
|
enhanced thereby, and the creation of a significant number |
of permanent full
time jobs; and
|
(7) in the case of a vacant industrial buildings |
conservation
area, that
the area is located within the |
corporate limits of a municipality that has been
zoned |
industrial for at least 5 years before its designation as a |
project
redeveloped area, that it contains one or more |
industrial buildings, and
whether the area has been |
designated under Standard One or Standard Two of
subsection |
(f) and the basis for that designation.
|
|
(m) "Redevelopment project" means any public or private |
development
project in furtherance of the objectives of a |
redevelopment plan.
On and after the effective date of this |
amendatory Act of the 91st General
Assembly, no
redevelopment |
plan may be approved or amended to include the development
of |
vacant land (i) with a golf course and related clubhouse and |
other
facilities
or (ii) designated by federal, State, county, |
or municipal government as public
land for outdoor recreational |
activities or for nature preserves and used for
that purpose |
within 5
years prior to the adoption of the redevelopment plan. |
For the purpose of
this subsection, "recreational activities" |
is limited to mean camping and
hunting.
|
(n) "Redevelopment project area" means a contiguous area
|
designated
by the municipality that is not less in the |
aggregate than 1 1/2 acres,
and for which the municipality has |
made a finding that there exist
conditions that cause the area |
to be classified as an industrial park
conservation area, a |
vacant industrial building conservation area,
an |
environmentally contaminated area or a combination of these
|
types of areas.
|
(o) "Redevelopment project costs" means the sum total of |
all
reasonable or necessary costs incurred or estimated to be |
incurred by
the municipality, and
any of those costs incidental |
to a redevelopment plan and a redevelopment
project. These |
costs include, without limitation, the following:
|
(1) Costs of studies, surveys, development of plans, |
|
and
specifications, implementation and administration of |
the redevelopment
plan, staff and professional service |
costs for architectural, engineering,
legal, marketing, |
financial, planning, or other
services, but no charges for |
professional services may be based on a percentage
of the |
tax increment collected; except that on and
after
the |
effective date of this amendatory Act of the 91st General |
Assembly, no
contracts for
professional services, |
excluding architectural and engineering services, may be
|
entered into if the terms of the contract extend
beyond a |
period of 3 years. In addition, "redevelopment project |
costs" shall
not include lobbying expenses.
After |
consultation with the municipality, each tax
increment |
consultant or advisor to a municipality that plans to |
designate or
has designated a redevelopment project area |
shall inform the municipality in
writing of any contracts |
that the consultant or advisor has entered into with
|
entities or individuals that have received, or are |
receiving, payments financed
by tax
increment revenues |
produced by the redevelopment project area with respect to
|
which the consultant or advisor has performed, or will be |
performing, service
for the
municipality. This requirement |
shall be satisfied by the consultant or advisor
before the |
commencement of services for the municipality and |
thereafter
whenever any other contracts with those |
individuals or entities are executed by
the consultant or |
|
advisor;
|
(1.5) After July 1, 1999, annual administrative costs |
shall
not include general overhead or
administrative costs |
of the municipality
that would still have been incurred by |
the municipality if the municipality had
not
designated a |
redevelopment project area or approved a redevelopment |
plan;
|
(1.6) The cost of
marketing sites within the |
redevelopment project area to prospective
businesses, |
developers, and investors.
|
(2) Property assembly costs within a redevelopment |
project
area, including but not limited to acquisition of |
land and other real or
personal property or rights or |
interests therein.
|
(3) Site preparation costs, including but not limited |
to clearance of
any area within a redevelopment project |
area by demolition or
removal of any existing buildings, |
structures, fixtures, utilities and
improvements and |
clearing and grading; and including installation, repair,
|
construction, reconstruction, or relocation of public |
streets, public
utilities, and other public site |
improvements within or without a redevelopment
project |
area which are essential to the preparation of the
|
redevelopment project area for use in accordance with a |
redevelopment
plan.
|
(4) Costs of renovation, rehabilitation, |
|
reconstruction, relocation,
repair or remodeling of any |
existing public or private buildings, improvements,
and |
fixtures
within a redevelopment project area; and the cost |
of replacing
an existing public building if pursuant to the |
implementation of a
redevelopment project the existing |
public building is to be demolished to use
the site for |
private investment or
devoted to a different use requiring |
private investment.
|
(5) Costs of construction within a redevelopment |
project area of
public improvements, including but not |
limited to, buildings, structures,
works, utilities or |
fixtures, except
that on and after the effective date of |
this amendatory Act of the 91st General
Assembly,
|
redevelopment
project costs shall not include the cost of |
constructing a
new municipal public building principally |
used to provide
offices, storage space, or conference |
facilities or vehicle storage,
maintenance, or repair for |
administrative,
public safety, or public works personnel
|
and that is not intended to replace an existing
public |
building as provided under paragraph (4)
unless either (i) |
the construction of the new municipal building
implements a |
redevelopment project that was included in a redevelopment |
plan
that was adopted by the municipality prior to the |
effective
date of this amendatory Act of the 91st General |
Assembly or (ii) the
municipality makes a reasonable
|
determination in the redevelopment plan, supported by |
|
information that provides
the basis for that |
determination, that the new municipal building is required
|
to meet an increase in the need for public safety purposes |
anticipated to
result from the implementation of the |
redevelopment plan.
|
(6) Costs of eliminating or removing contaminants and |
other impediments
required by federal or State |
environmental laws, rules, regulations, and
guidelines, |
orders or other requirements or those imposed by private |
lending
institutions as a condition for approval of their |
financial support, debt
or equity, for the redevelopment |
projects, provided, however, that in the event
(i) other |
federal or State funds have been certified by an |
administrative
agency as adequate to pay these costs during |
the 18 months after the adoption
of the redevelopment plan, |
or (ii) the municipality has been reimbursed for
such costs |
by persons legally responsible for them, such federal, |
State, or
private funds shall, insofar as possible, be |
fully expended prior to the use of
any revenues
deposited |
in the special tax allocation fund of the municipality and |
any other
such federal, State or private funds received |
shall be deposited in the fund.
The municipality shall seek
|
reimbursement of these costs from persons legally |
responsible for these costs
and the costs of obtaining this |
reimbursement.
|
(7) Costs of job training and retraining projects.
|
|
(8) Financing costs, including but not limited to all |
necessary and
incidental expenses related to the issuance |
of obligations and which may
include payment of interest on |
any obligations issued under this Act
including interest |
accruing
during the estimated period of construction of any |
redevelopment project
for which the obligations are issued |
and for not exceeding 36 months
thereafter and including |
reasonable reserves related to those costs.
|
(9) All or a portion of a taxing district's capital |
costs resulting from
the redevelopment project necessarily |
incurred or to be incurred in furtherance
of the objectives |
of the redevelopment plan and project, to the extent the
|
municipality by written agreement accepts and approves |
those costs.
|
(10) Relocation costs to the extent that a municipality |
determines that
relocation costs shall be paid or is |
required to make payment of relocation
costs by federal or |
State law.
|
(11) Payments in lieu of taxes.
|
(12) Costs of job training, retraining, advanced |
vocational education
or career
education, including but |
not limited to courses in occupational,
semi-technical or |
technical fields leading directly to employment, incurred
|
by one or more taxing districts, if those costs are: (i) |
related
to the establishment and maintenance of additional |
job training, advanced
vocational education or career |
|
education programs for persons employed or
to be employed |
by employers located in a redevelopment project area; and
|
(ii) are incurred by a taxing district or taxing districts |
other than the
municipality and are set forth in a written |
agreement by or among the
municipality and the taxing |
district or taxing districts, which agreement
describes |
the program to be undertaken, including but not limited to |
the
number of employees to be trained, a description of the |
training and
services to be provided, the number and type |
of positions available or to
be available, itemized costs |
of the program and sources of funds to pay for the
same, |
and the term of the agreement. These costs include, |
specifically, the
payment by community college districts |
of costs under Sections 3-37,
3-38, 3-40 and 3-40.1 of the |
Public Community College Act and by school
districts of |
costs under Sections 10-22.20a and 10-23.3a of the School |
Code.
|
(13) The interest costs incurred by redevelopers or |
other
nongovernmental persons in connection with a |
redevelopment project,
and specifically including payments |
to redevelopers or other nongovernmental
persons as |
reimbursement for such costs incurred by such redeveloper |
or other
nongovernmental person, provided that:
|
(A) interest costs shall be
paid or reimbursed by a |
municipality
only pursuant to the prior official |
action of the municipality evidencing
an intent to pay |
|
or reimburse such interest costs;
|
(B) such payments in any one year may not exceed |
30% of the annual
interest costs incurred by the |
redeveloper with regard to the redevelopment
project |
during that year;
|
(C) except as provided in subparagraph (E), the |
aggregate amount of
such costs paid or reimbursed by a |
municipality shall not
exceed 30%
of the total (i) |
costs paid or incurred by the redeveloper or other
|
nongovernmental
person in that year plus (ii) |
redevelopment project costs excluding any
property |
assembly costs and any relocation costs incurred by a |
municipality
pursuant to this Act;
|
(D) interest costs shall be paid or reimbursed by a
|
municipality solely from the special tax allocation
|
fund established pursuant to this Act and shall not be |
paid or reimbursed from
the
proceeds of any obligations |
issued by a municipality;
|
(E) if there are not sufficient funds available in |
the special tax
allocation fund in any year to make |
such payment or reimbursement in full, any
amount of
|
such interest cost remaining to be paid or reimbursed |
by a municipality
shall accrue and be
payable when |
funds are available in
the special tax allocation fund |
to make such payment.
|
(14) The costs of
construction of
new
privately owned |
|
buildings shall not be an eligible redevelopment project |
cost.
|
If a special service area has been established under the |
Special Service
Area Tax Act, then any tax increment revenues |
derived from the tax imposed
thereunder to the Special Service |
Area Tax Act may be used within the
redevelopment project area |
for the purposes permitted by
that Act as well as the purposes |
permitted by this Act.
|
(p) "Redevelopment Planning Area" means an area so |
designated by a
municipality after the municipality has |
complied with all the findings and
procedures required to |
establish a redevelopment project area, including
the |
existence of conditions that qualify the area as an industrial |
park
conservation area, or an environmentally contaminated |
area, or a vacant
industrial
buildings
conservation area, or a |
combination of these types of
areas, and adopted a |
redevelopment plan and project for the planning area and
its |
included redevelopment project areas. The
area shall not be |
designated as a redevelopment planning area for more than
5
|
years , or 10 years in the case of a redevelopment planning area |
in the City of Rockford . At any time in the
5 years , or 10 years |
in the case of the City of Rockford, following that designation |
of the
redevelopment planning area, the municipality may |
designate the
redevelopment planning area, or any portion of |
the redevelopment
planning area,
as a redevelopment project |
area without making additional findings or
complying with |
|
additional procedures required for the creation of a
|
redevelopment project area.
An amendment of a redevelopment |
plan and project in accordance with the
findings and procedures |
of this Act after the designation of a redevelopment
planning |
area at any time within the
5 years after the designation of |
the
redevelopment planning area , or 10 years after the |
designation of the redevelopment planning area in the City of |
Rockford, shall not require new qualification of findings for
|
the redevelopment project area to be designated within the |
redevelopment
planning area.
|
The terms "redevelopment plan", "redevelopment project", |
and
"redevelopment project area" have the definitions set out |
in subsections (l),
(m), and (n), respectively.
|
(q) "Taxing districts" means counties, townships, |
municipalities, and
school, road, park, sanitary, mosquito |
abatement, forest preserve, public
health, fire protection, |
river conservancy, tuberculosis sanitarium and any
other |
municipal corporations or districts with the power to levy |
taxes.
|
(r) "Taxing districts' capital costs" means those costs of |
taxing districts
for capital improvements that are found by the |
municipal corporate authorities
to be necessary and a direct |
result of the redevelopment project.
|
(s) "Urban county" means a county with 240,000 or more |
inhabitants.
|
(t) "Vacant area", as used in subsection (a) of this |
|
Section,
means any parcel or combination of parcels of real |
property without
industrial, commercial and residential |
buildings that has not been used for
commercial agricultural |
purposes within 5 years before the designation of
the |
redevelopment project area, unless that parcel is included in |
an
industrial park conservation area.
|
(Source: P.A. 94-793, eff. 5-19-06.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |