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1 | AN ACT concerning counties.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The County Economic Development Project Area | ||||||
5 | Property
Tax Allocation Act is amended by changing Sections 4 | ||||||
6 | and 5 as follows:
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7 | (55 ILCS 85/4) (from Ch. 34, par. 7004)
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8 | Sec. 4. Establishment of economic development project | ||||||
9 | area;
ordinance; joint review board; notice; hearing; changes | ||||||
10 | in economic
development plan; annual reporting requirements. | ||||||
11 | Economic development
project areas shall be established as | ||||||
12 | follows:
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13 | (a)
The corporate authorities of Whiteside County may by | ||||||
14 | ordinance propose the establishment of an economic
development | ||||||
15 | project area and fix a time and place for a public hearing, and
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16 | shall submit a certified copy of the ordinance as adopted to | ||||||
17 | the Department.
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18 | (a-5) After the effective date of this amendatory Act of | ||||||
19 | the 93rd General Assembly, the corporate authorities of | ||||||
20 | Stephenson County may by ordinance propose the establishment of | ||||||
21 | an economic development project area and fix a time and place | ||||||
22 | for a public hearing, and shall submit a certified copy of the | ||||||
23 | ordinance as adopted to the Department.
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24 | (b) Any county which adopts an ordinance which fixes a | ||||||
25 | date, time and
place for a public hearing shall convene a joint | ||||||
26 | review board as
hereinafter provided. Not less than 45 days | ||||||
27 | prior to the date fixed for
the public hearing, the county | ||||||
28 | shall give notice by mailing to the chief
executive officer of | ||||||
29 | each affected taxing district having taxable property
included | ||||||
30 | in the proposed economic development project area and, if the | ||||||
31 | ordinance is adopted by Stephenson County, the chief executive | ||||||
32 | officer of any municipality within Stephenson County having a |
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1 | population of more than 20,000 that such chief
executive | ||||||
2 | officer or his designee is invited to participate in a joint
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3 | review board. The designee shall serve at the discretion of the | ||||||
4 | chief
executive officer of the taxing district for a term not | ||||||
5 | to exceed 2 years.
Such notice shall advise each chief | ||||||
6 | executive officer of the date, time and
place of the first | ||||||
7 | meeting of such joint review board, which shall occur
not less | ||||||
8 | than 30 days prior to the date of the public hearing. Such | ||||||
9 | notice
by mail shall be given by depositing such notice in the | ||||||
10 | United States
Postal Service by certified mail.
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11 | At or prior to the first meeting of such joint review board | ||||||
12 | the county
shall furnish to any member of such joint review | ||||||
13 | board copies of the
proposed economic development plan and any | ||||||
14 | related documents which such
member shall reasonably request. A | ||||||
15 | majority of the members of such joint
review board present at | ||||||
16 | any meeting shall constitute a quorum. Additional
meetings may | ||||||
17 | be called by any member of a joint review board upon the
giving | ||||||
18 | of notice not less than 72 hours prior to the date of any | ||||||
19 | additional
meeting to all members of the joint review board. | ||||||
20 | The joint review board
shall review such information and | ||||||
21 | material as its members reasonably deem
relevant to the | ||||||
22 | county's proposals to approve economic development plans
and | ||||||
23 | economic development projects and to designate economic | ||||||
24 | development
project areas. The county shall provide such | ||||||
25 | information and material
promptly upon the request of the joint | ||||||
26 | review board and may also provide
administrative support and | ||||||
27 | facilities as the joint review board may
reasonably require.
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28 | Within 30 days of its first meeting, a joint review board | ||||||
29 | shall provide
the county with a written report of its review of | ||||||
30 | any proposal to approve
an economic development plan and | ||||||
31 | economic development project and to
designate an economic | ||||||
32 | development project area. Such written report shall
include | ||||||
33 | such information and advisory, nonbinding recommendations as a
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34 | majority of the members of the joint review board shall deem | ||||||
35 | relevant.
Written reports of joint review boards may include | ||||||
36 | information and
advisory, nonbinding recommendations provided |
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1 | by a minority of the members
thereof. Any joint review board | ||||||
2 | which does not provide such written report
within such 30-day | ||||||
3 | period shall be deemed to have recommended that the
county | ||||||
4 | proceed with a proposal to approve an economic development plan | ||||||
5 | and
economic development project and to designate an economic | ||||||
6 | development
project area.
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7 | (c) Notice of the public hearing shall be given by | ||||||
8 | publication and
mailing.
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9 | (1) Notice by publication shall be given by publication | ||||||
10 | at least
twice, the first publication to be not more than | ||||||
11 | 30 nor less than 10 days
prior to the hearing in a | ||||||
12 | newspaper of general circulation within the
taxing | ||||||
13 | districts having property in the proposed economic | ||||||
14 | development
project area. Notice by mailing shall be given | ||||||
15 | by depositing such notice
together with a copy of the | ||||||
16 | proposed economic development plan in the
United States | ||||||
17 | Postal Service by certified mail addressed to the person or
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18 | persons in whose name the general taxes for the last | ||||||
19 | preceding year were
paid on each lot, block, tract, or | ||||||
20 | parcel of land lying within the proposed
economic | ||||||
21 | development project area. The notice shall be mailed not | ||||||
22 | less
than 10 days prior to the dates set for the public | ||||||
23 | hearing. In the event
taxes for the last preceding year | ||||||
24 | were not paid, the notice shall also be
sent to the persons | ||||||
25 | last listed on the tax rolls within the preceding 3
years | ||||||
26 | as the owners of the property.
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27 | (2) The notices issued pursuant to this Section shall | ||||||
28 | include the
following:
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29 | (A) The time and place of public hearing;
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30 | (B) The boundaries of the proposed economic | ||||||
31 | development project area
by legal description and by | ||||||
32 | street location where possible;
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33 | (C) A notification that all interested persons | ||||||
34 | will be given an
opportunity to be heard at the public | ||||||
35 | hearing;
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36 | (D) An invitation for any person to submit |
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1 | alternative proposals or bids
for any proposed | ||||||
2 | conveyance, lease, mortgage or other disposition of | ||||||
3 | land
within the proposed economic development project | ||||||
4 | area;
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5 | (E) A description of the economic development plan | ||||||
6 | or economic
development project if a plan or project is | ||||||
7 | a subject matter of the
hearing; and
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8 | (F) Such other matters as the county may deem | ||||||
9 | appropriate.
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10 | (3) Not less than 45 days prior to the date set for | ||||||
11 | hearing, the county
shall give notice by mail as provided | ||||||
12 | in this subsection (c) to all taxing
districts of which | ||||||
13 | taxable property is included in the economic development
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14 | project area, and to the Department. In addition to the | ||||||
15 | other requirements
under this subsection (c), the notice | ||||||
16 | shall include an invitation to the
Department and each | ||||||
17 | taxing district to submit comments to the county
concerning | ||||||
18 | the subject matter of the hearing prior to the date of the | ||||||
19 | hearing.
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20 | (d) At the public hearing any interested person, the | ||||||
21 | Department or any
affected taxing district may file written | ||||||
22 | objections with the county clerk
and may be heard orally with | ||||||
23 | respect to any issues embodied in the notice.
The county shall | ||||||
24 | hear and determine all alternate proposals or bids for any
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25 | proposed conveyance, lease, mortgage or other disposition of | ||||||
26 | land and all
protests and objections at the hearing, and the | ||||||
27 | hearing may be adjourned to
another date without further notice | ||||||
28 | other than a motion to be entered upon
the minutes fixing the | ||||||
29 | time and place of the adjourned hearing. Public
hearings with | ||||||
30 | regard to an economic development plan, economic development
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31 | project area, or economic development project may be held | ||||||
32 | simultaneously.
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33 | (e) At the public hearing, or at any time prior to the | ||||||
34 | adoption by the
county of an ordinance approving an economic | ||||||
35 | development plan, the county
may make changes in the economic | ||||||
36 | development plan. Changes which (1) alter
the exterior |
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1 | boundaries of the proposed economic development project area,
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2 | (2) substantially affect the general land uses established in | ||||||
3 | the proposed
economic development plan, (3) substantially | ||||||
4 | change the nature of the
proposed economic development plan, | ||||||
5 | (4) change the general description
of any proposed developer, | ||||||
6 | user or tenant of any property to be located or
improved within | ||||||
7 | the economic development project area, or (5) change the
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8 | description of the type, class and number of employees to be | ||||||
9 | employed in
the operation of the facilities to be developed or | ||||||
10 | improved within the
economic development project area shall be | ||||||
11 | made only after review by joint
review board, notice and | ||||||
12 | hearing pursuant to the procedures set forth in
this Section. | ||||||
13 | Changes which do not (1) alter the exterior boundaries of a
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14 | proposed economic development project area, (2) substantially | ||||||
15 | affect the
general land uses established in the proposed plan, | ||||||
16 | (3) substantially
change the nature of the proposed economic | ||||||
17 | development plan, (4) change the
general description of any | ||||||
18 | proposed developer, user or tenant of any
property to be | ||||||
19 | located or improved within the economic development project
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20 | area, or (5) change the description of the type, class and | ||||||
21 | number of
employees to be employed in the operation of the | ||||||
22 | facilities to be developed
or improved within the economic | ||||||
23 | development project area may be made
without further notice or | ||||||
24 | hearing, provided that the county shall give
notice of its | ||||||
25 | changes by mail to the Department and to each affected taxing
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26 | district and by publication in a newspaper or newspapers of | ||||||
27 | general
circulation with the affected taxing districts. Such | ||||||
28 | notice by mail and by
publication shall each occur not later | ||||||
29 | than 10 days following the adoption
by ordinance of such | ||||||
30 | changes.
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31 | (f) At any time within 90 days of the final adjournment
of | ||||||
32 | the public hearing, a county may, by ordinance, approve the | ||||||
33 | economic
development plan, establish the economic development | ||||||
34 | project area, and
authorize property tax allocation financing | ||||||
35 | for such economic development
project area. | ||||||
36 | Any ordinance adopted by Whiteside County which approves |
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1 | the economic
development plan shall contain findings that the | ||||||
2 | economic development
project is reasonably expected to create | ||||||
3 | or retain not less than 500
full-time equivalent jobs, that | ||||||
4 | private investment in an amount not less
than $25,000,000 is | ||||||
5 | reasonably expected to occur in the
economic
development | ||||||
6 | project area, that the economic development project will
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7 | encourage the increase of commerce and industry within the | ||||||
8 | State, thereby
reducing the evils attendant upon unemployment | ||||||
9 | and increasing opportunities
for personal income, and that the | ||||||
10 | economic development project will
increase or maintain the | ||||||
11 | property, sales and income tax bases of the county
and of the | ||||||
12 | State.
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13 | Any ordinance adopted by Stephenson County that approves an | ||||||
14 | economic development plan shall contain findings that (i) the | ||||||
15 | economic development project is reasonably expected to create | ||||||
16 | or retain not less than 500 full-time equivalent jobs; (ii) | ||||||
17 | private investment in an amount not less than $10,000,000 is | ||||||
18 | reasonably expected to occur in the economic development area; | ||||||
19 | (iii) the economic development project will encourage the | ||||||
20 | increase of commerce and industry within the State, thereby | ||||||
21 | reducing the evils attendant upon unemployment and increasing | ||||||
22 | opportunities for personal income; and (iv) the economic | ||||||
23 | development project will increase or maintain the property, | ||||||
24 | sales, and income tax bases of the county and of the State. | ||||||
25 | Before the economic development project area is established by | ||||||
26 | Stephenson County, the following additional conditions must be | ||||||
27 | included in an intergovernmental agreement approved by both the | ||||||
28 | Stephenson County Board and the corporate authorities of the | ||||||
29 | City of Freeport: (i) the corporate authorities of the City of | ||||||
30 | Freeport must concur by resolution with the findings of | ||||||
31 | Stephenson County; (ii) both the corporate authorities of the | ||||||
32 | City of Freeport and the Stephenson County Board shall approve | ||||||
33 | any and all economic or redevelopment agreements and incentives | ||||||
34 | for any economic development project within the economic | ||||||
35 | development area; (iii) any economic development project that | ||||||
36 | receives funds under this Act, except for any economic |
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1 | development project specifically excluded from annexation in | ||||||
2 | the provisions of the intergovernmental agreement, shall agree | ||||||
3 | to and must enter into an annexation agreement with the City of | ||||||
4 | Freeport to annex property included in the economic development | ||||||
5 | project area to the City of Freeport at the first point in time | ||||||
6 | that the property becomes contiguous to the City of Freeport; | ||||||
7 | (iv) the local share of all State occupation and use taxes | ||||||
8 | allocable to the City of Freeport and Stephenson County and | ||||||
9 | derived from commercial projects within the economic | ||||||
10 | development project area shall be equally shared by and between | ||||||
11 | the City of Freeport and Stephenson County for the duration of | ||||||
12 | the economic development project; and (v) any development in | ||||||
13 | the economic development project area shall be built in | ||||||
14 | accordance with the building and related codes of both the City | ||||||
15 | of Freeport and Stephenson County and the City of Freeport | ||||||
16 | shall approve all provisions for water and sewer service.
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17 | The ordinance shall also state that the economic | ||||||
18 | development project area
shall not include parcels to be used | ||||||
19 | for purposes of residential
development.
Any ordinance adopted | ||||||
20 | which establishes an economic
development project area shall | ||||||
21 | contain the boundaries of such area by legal
description and, | ||||||
22 | where possible, by street location. Any ordinance adopted
which | ||||||
23 | authorizes property tax allocation financing shall provide | ||||||
24 | that the
ad valorem taxes, if any, arising from the levies upon | ||||||
25 | taxable real
property in such economic development project area | ||||||
26 | by taxing districts and
tax rates determined in the manner | ||||||
27 | provided in subsection (b) of Section 6
of this Act each year | ||||||
28 | after the effective date of the ordinance until
economic | ||||||
29 | development project costs and all county obligations financing
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30 | economic development project costs incurred under this Act have | ||||||
31 | been paid
shall be divided as follows:
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32 | (1) That portion of taxes levied upon each taxable lot, | ||||||
33 | block, tract or
parcel of real property which is | ||||||
34 | attributable to the lower of the current
equalized assessed | ||||||
35 | value or the initial equalized assessed value of each
such | ||||||
36 | taxable lot, block, tract or parcel of real property in the |
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1 | economic
development project area shall be allocated to, | ||||||
2 | and when collected, shall
be paid by the county collector | ||||||
3 | to the respective affected taxing districts
in the manner | ||||||
4 | required by law in the absence of the adoption of property | ||||||
5 | tax
allocation financing.
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6 | (2) That portion, if any, of such taxes which is | ||||||
7 | attributable to the
increase in the current equalized | ||||||
8 | assessed valuation of each taxable lot,
block, tract or | ||||||
9 | parcel of real property in the economic development project
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10 | area over and above the initial equalized assessed value of | ||||||
11 | each property
in the economic development project area | ||||||
12 | shall be allocated to and when
collected shall be paid to | ||||||
13 | the county treasurer who shall deposit those
taxes into a | ||||||
14 | special fund called the special tax allocation fund of the
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15 | county for the purpose of paying economic development | ||||||
16 | project costs and
obligations incurred in the payment | ||||||
17 | thereof.
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18 | (g) After a county has by ordinance approved an economic | ||||||
19 | development plan
and established an economic development | ||||||
20 | project area, the plan may be
amended and the boundaries of the | ||||||
21 | area may be altered only as herein
provided. Amendments which | ||||||
22 | (1) alter the exterior boundaries of an
economic development | ||||||
23 | project area, (2) substantially affect the general
land uses | ||||||
24 | established pursuant to the economic development plan, (3)
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25 | substantially change the nature of the economic development | ||||||
26 | plan, (4)
change the general description of any proposed | ||||||
27 | developer, user, or tenant
of any property to be located or | ||||||
28 | improved within the economic development
project area, or (5) | ||||||
29 | change the description of the type, class and number
of | ||||||
30 | employees to be employed in the operation of the facilities to | ||||||
31 | be
developed or improved shall be made only after review by a | ||||||
32 | joint review
board, notice and hearing pursuant to the | ||||||
33 | procedures set forth in this
Section. Amendments which do not | ||||||
34 | (1) alter the exterior boundaries of an
economic development | ||||||
35 | project area, (2) substantially affect the general
land uses | ||||||
36 | established in the economic development plan, (3) |
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1 | substantially
change the nature of the economic development | ||||||
2 | plan, (4) change the
description of any proposed developer, | ||||||
3 | user, or tenant of any property to
be located or improved | ||||||
4 | within the economic development project area, or (5)
change the | ||||||
5 | description of the type, class and number of employees to be
| ||||||
6 | employed in the operation of the facilities to be developed or | ||||||
7 | improved
within the economic development project area may be | ||||||
8 | made without further
hearing or notice, provided that the | ||||||
9 | county shall give notice of any
amendment by mail to the | ||||||
10 | Department and to each taxing district and by
publication in a | ||||||
11 | newspaper or newspapers of general circulation within the
| ||||||
12 | affected taxing districts. Such notices by mail and by | ||||||
13 | publication shall
each occur not later than 10 days following | ||||||
14 | the adoption by ordinance of
such amendments.
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15 | (h) After the adoption of an ordinance adopting property | ||||||
16 | tax allocation
financing for an economic development project | ||||||
17 | area, the county
shall annually report to each taxing district | ||||||
18 | having taxable property
within such economic development | ||||||
19 | project area (i) any increase or decrease
in the equalized | ||||||
20 | assessed value of the real property located within such
| ||||||
21 | economic development project area above or below the initial | ||||||
22 | equalized
assessed value of such real property, (ii) that | ||||||
23 | portion, if any, of the ad
valorem taxes arising from the | ||||||
24 | levies upon taxable real property in such
economic development | ||||||
25 | project area by the taxing districts which is
attributable to | ||||||
26 | the increase in the current equalized assessed valuation of
| ||||||
27 | each lot, block, tract or parcel of real property in the | ||||||
28 | economic
development project area over and above the initial | ||||||
29 | equalized value of each
property and which has been allocated | ||||||
30 | to the county in the current year,
and (iii) such other | ||||||
31 | information as the county may deem relevant.
| ||||||
32 | (i) The county shall give notice by mail as provided in | ||||||
33 | this Section and
shall reconvene the joint review board not | ||||||
34 | less than annually for each of
the 2 years following its | ||||||
35 | adoption of an ordinance adopting property tax
allocation | ||||||
36 | financing for an economic development project area and not less
|
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1 | than once in each 3-year period thereafter. The county shall | ||||||
2 | provide such
information, and may provide administrative | ||||||
3 | support and facilities as the
joint review board may reasonably | ||||||
4 | require for each of such meetings.
| ||||||
5 | (Source: P.A. 92-791, eff. 8-6-02.)
| ||||||
6 | (55 ILCS 85/5) (from Ch. 34, par. 7005)
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7 | Sec. 5. Submission to Department; certification by | ||||||
8 | Department.
| ||||||
9 | (a) The county shall submit certified copies of any | ||||||
10 | ordinances adopted
approving a proposed economic development | ||||||
11 | plan, establishing an economic
development project area, and | ||||||
12 | authorizing tax increment allocation
financing to the | ||||||
13 | Department, together with (1) a map of the economic
development | ||||||
14 | project area, (2) a copy of the economic development plan as
| ||||||
15 | approved, (3) an analysis, and any supporting documents and | ||||||
16 | statistics,
demonstrating (i) that the economic development | ||||||
17 | project is reasonably expected
to create or retain not less | ||||||
18 | than 500 full-time equivalent jobs
and (ii) that
private | ||||||
19 | investment in the amount of not less than $25,000,000 for all | ||||||
20 | ordinances adopted by Whiteside County and in the amount of not | ||||||
21 | less than $10,000,000 for any ordinance adopted by Stephenson | ||||||
22 | County is reasonably
expected to occur in the economic | ||||||
23 | development project area, (4) an estimate
of the economic | ||||||
24 | impact of the economic development plan and the use of
property | ||||||
25 | tax allocation financing upon the revenues of the county and | ||||||
26 | the
affected taxing districts, (5) a record of all public | ||||||
27 | hearings held in
connection with the establishment of the | ||||||
28 | economic development project area,
and (6) such other | ||||||
29 | information as the Department by regulation may require.
| ||||||
30 | (b) Upon receipt of an application from a county the | ||||||
31 | Department shall
review the application to determine whether | ||||||
32 | the economic development
project area qualifies as an economic | ||||||
33 | development project area under this
Act. At its discretion, the | ||||||
34 | Department may accept or reject the application
or may request | ||||||
35 | such additional information as it deems necessary or
advisable |
| |||||||
| |||||||
1 | to aid its review. If any such area is found to be qualified to
| ||||||
2 | be an economic development project area, the Department shall | ||||||
3 | approve and
certify such economic development project area and | ||||||
4 | shall provide written
notice of its approval and certification | ||||||
5 | to the county and to the county
clerk. In determining whether | ||||||
6 | an economic development project area shall be
approved and | ||||||
7 | certified, the Department shall consider (1) whether, without
| ||||||
8 | public intervention, the State would suffer substantial | ||||||
9 | economic
dislocation, such as relocation of a commercial | ||||||
10 | business or industrial or
manufacturing facility to another | ||||||
11 | state, territory or country, or would not
otherwise benefit | ||||||
12 | from private investment offering substantial employment
| ||||||
13 | opportunities and economic growth, and (2) the impact on the | ||||||
14 | revenues of
the county and the affected taxing districts of the | ||||||
15 | use of tax increment
allocation financing in connection with | ||||||
16 | the economic development project.
| ||||||
17 | (c) On or before July 1, 2007
2006 , the Department shall | ||||||
18 | submit to
the
General Assembly a report detailing the number of | ||||||
19 | economic development
project areas it has approved and | ||||||
20 | certified, the number and type of jobs
created or retained | ||||||
21 | therein, the aggregate amount of private investment
therein, | ||||||
22 | the impact in the revenues of counties and affected taxing
| ||||||
23 | districts of the use of property tax allocation financing | ||||||
24 | therein, and such
additional information as the Department may | ||||||
25 | determine to be relevant. On
July 1, 2008 the authority granted | ||||||
26 | hereunder to counties to
establish
economic development | ||||||
27 | project areas and to adopt property tax allocation
financing in | ||||||
28 | connection therewith and to the Department to approve and
| ||||||
29 | certify economic development project areas shall expire unless | ||||||
30 | the General
Assembly shall have authorized counties and the | ||||||
31 | Department to continue to
exercise the powers granted to them | ||||||
32 | under this Act.
| ||||||
33 | (Source: P.A. 92-791, eff. 8-6-02.)
| ||||||
34 | Section 99. Effective date. This Act takes effect upon | ||||||
35 | becoming law.
|