Sen. Dan Cronin
Filed: 11/3/2005
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1 | AMENDMENT TO SENATE BILL 838
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2 | AMENDMENT NO. ______. Amend Senate Bill 838 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 11-74.4-3 and 11-74.4-7 as follows:
| ||||||
6 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
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7 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
8 | used or
referred to in this Division 74.4 shall have the | ||||||
9 | following respective meanings,
unless in any case a different | ||||||
10 | meaning clearly appears from the context.
| ||||||
11 | (a) For any redevelopment project area that has been | ||||||
12 | designated pursuant
to this
Section by an ordinance adopted | ||||||
13 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
14 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
15 | this Section
prior to that date.
| ||||||
16 | On and after November 1, 1999,
"blighted area" means any | ||||||
17 | improved or vacant area within the boundaries
of a | ||||||
18 | redevelopment project area located within the territorial | ||||||
19 | limits of
the municipality where:
| ||||||
20 | (1) If improved, industrial, commercial, and | ||||||
21 | residential buildings or
improvements are detrimental to | ||||||
22 | the public safety, health, or welfare
because of a | ||||||
23 | combination of 5 or more of the following factors, each of | ||||||
24 | which
is (i) present, with that presence documented, to a |
| |||||||
| |||||||
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) reasonably distributed throughout
the | ||||||
4 | improved part of the redevelopment project area:
| ||||||
5 | (A) Dilapidation. An advanced state of disrepair | ||||||
6 | or neglect of
necessary
repairs to the primary | ||||||
7 | structural components of buildings or improvements in
| ||||||
8 | such a combination that a documented building | ||||||
9 | condition analysis determines
that major repair is | ||||||
10 | required or the defects are so serious and so extensive
| ||||||
11 | that the buildings must be removed.
| ||||||
12 | (B) Obsolescence. The condition or process of | ||||||
13 | falling into disuse.
Structures have become ill-suited | ||||||
14 | for the original use.
| ||||||
15 | (C) Deterioration. With respect to buildings, | ||||||
16 | defects
including, but not limited to, major defects in
| ||||||
17 | the secondary building components such as doors, | ||||||
18 | windows, porches, gutters and
downspouts, and fascia. | ||||||
19 | With respect to surface improvements, that the
| ||||||
20 | condition of roadways, alleys, curbs, gutters, | ||||||
21 | sidewalks, off-street parking,
and surface storage | ||||||
22 | areas evidence deterioration, including, but not | ||||||
23 | limited
to, surface cracking, crumbling, potholes, | ||||||
24 | depressions, loose paving material,
and weeds | ||||||
25 | protruding through paved surfaces.
| ||||||
26 | (D) Presence of structures below minimum code | ||||||
27 | standards. All structures
that do not meet the | ||||||
28 | standards of zoning, subdivision, building, fire, and
| ||||||
29 | other governmental codes applicable to property, but | ||||||
30 | not including housing and
property maintenance codes.
| ||||||
31 | (E) Illegal use of individual structures. The use | ||||||
32 | of structures in
violation of applicable federal, | ||||||
33 | State, or local laws, exclusive of those
applicable to | ||||||
34 | the presence of structures below minimum code |
| |||||||
| |||||||
1 | standards.
| ||||||
2 | (F) Excessive vacancies. The presence of
buildings | ||||||
3 | that are unoccupied or under-utilized and that | ||||||
4 | represent an adverse
influence on the area because of | ||||||
5 | the frequency, extent, or duration of the
vacancies.
| ||||||
6 | (G) Lack of ventilation, light, or sanitary | ||||||
7 | facilities. The absence of
adequate ventilation for | ||||||
8 | light or air circulation in spaces or rooms without
| ||||||
9 | windows, or that require the removal of dust, odor, | ||||||
10 | gas, smoke, or other
noxious airborne materials. | ||||||
11 | Inadequate natural light and ventilation means
the | ||||||
12 | absence of skylights or windows for interior spaces or | ||||||
13 | rooms and improper
window sizes and amounts by room | ||||||
14 | area to window area ratios. Inadequate
sanitary | ||||||
15 | facilities refers to the absence or inadequacy of | ||||||
16 | garbage storage and
enclosure,
bathroom facilities, | ||||||
17 | hot water and kitchens, and structural inadequacies
| ||||||
18 | preventing ingress and egress to and from all rooms and | ||||||
19 | units within a
building.
| ||||||
20 | (H) Inadequate utilities. Underground and overhead | ||||||
21 | utilities
such as storm sewers and storm drainage, | ||||||
22 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
23 | electrical services that are shown to be inadequate. | ||||||
24 | Inadequate utilities are
those that are: (i) of | ||||||
25 | insufficient capacity to serve the uses in the
| ||||||
26 | redevelopment project area, (ii) deteriorated,
| ||||||
27 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
28 | lacking within the
redevelopment project area.
| ||||||
29 | (I) Excessive land coverage and overcrowding of | ||||||
30 | structures and community
facilities. The | ||||||
31 | over-intensive use of property and the crowding of | ||||||
32 | buildings
and accessory facilities onto a site. | ||||||
33 | Examples of problem conditions
warranting the | ||||||
34 | designation of an area as one exhibiting excessive land |
| |||||||
| |||||||
1 | coverage
are: (i) the presence of buildings either | ||||||
2 | improperly situated on parcels or
located
on parcels of | ||||||
3 | inadequate size and shape in relation to present-day | ||||||
4 | standards of
development for health and safety and (ii) | ||||||
5 | the presence of multiple buildings
on a
single parcel. | ||||||
6 | For there to be a finding of excessive land coverage,
| ||||||
7 | these parcels must exhibit one or more of the following | ||||||
8 | conditions:
insufficient provision for
light and air | ||||||
9 | within or around buildings, increased threat of spread | ||||||
10 | of fire
due to the close proximity of buildings, lack | ||||||
11 | of adequate or proper access to a
public right-of-way, | ||||||
12 | lack of reasonably required off-street parking, or
| ||||||
13 | inadequate provision for loading and service.
| ||||||
14 | (J) Deleterious land use or layout. The existence | ||||||
15 | of incompatible
land-use
relationships, buildings | ||||||
16 | occupied by inappropriate mixed-uses, or uses
| ||||||
17 | considered to be noxious, offensive, or unsuitable for | ||||||
18 | the
surrounding area.
| ||||||
19 | (K) Environmental clean-up. The proposed | ||||||
20 | redevelopment project area
has incurred Illinois | ||||||
21 | Environmental Protection Agency or United States
| ||||||
22 | Environmental Protection Agency remediation costs for, | ||||||
23 | or a study conducted by
an independent consultant | ||||||
24 | recognized as having expertise in environmental
| ||||||
25 | remediation has determined a need for, the
clean-up of | ||||||
26 | hazardous
waste, hazardous substances, or underground | ||||||
27 | storage tanks required by State or
federal law, | ||||||
28 | provided that the remediation costs constitute a | ||||||
29 | material
impediment to the development or | ||||||
30 | redevelopment of the redevelopment project
area.
| ||||||
31 | (L) Lack of community planning. The proposed | ||||||
32 | redevelopment project area
was
developed prior to or | ||||||
33 | without the benefit or guidance of a community plan.
| ||||||
34 | This means that the development occurred prior to the |
| |||||||
| |||||||
1 | adoption by the
municipality of a comprehensive or | ||||||
2 | other community plan or that the plan was
not followed | ||||||
3 | at the time of the area's development. This factor must | ||||||
4 | be
documented by evidence of adverse or incompatible | ||||||
5 | land-use relationships,
inadequate street layout, | ||||||
6 | improper subdivision, parcels of inadequate shape and
| ||||||
7 | size to meet contemporary development standards, or | ||||||
8 | other evidence
demonstrating
an absence of effective | ||||||
9 | community planning.
| ||||||
10 | (M) The total equalized assessed value of the | ||||||
11 | proposed redevelopment
project area has declined for 3 | ||||||
12 | of the last 5 calendar years
prior to the year in which | ||||||
13 | the redevelopment project area is designated
or is | ||||||
14 | increasing at an
annual rate that is less
than the | ||||||
15 | balance of the municipality for 3 of the last 5 | ||||||
16 | calendar years
for which
information is available or is | ||||||
17 | increasing at an annual rate that is less than
the | ||||||
18 | Consumer Price Index
for All Urban Consumers published | ||||||
19 | by the United States Department of Labor or
successor | ||||||
20 | agency for 3 of the last 5 calendar years
prior to the | ||||||
21 | year in which the redevelopment project area is | ||||||
22 | designated.
| ||||||
23 | (2) If vacant, the sound growth of the redevelopment | ||||||
24 | project area
is impaired by a
combination of 2 or more of | ||||||
25 | the following factors, each of which
is (i) present, with | ||||||
26 | that presence documented, to a meaningful extent so
that
a | ||||||
27 | municipality may reasonably find that the factor is clearly | ||||||
28 | present
within the intent of the Act and (ii) reasonably | ||||||
29 | distributed throughout the
vacant part of the
| ||||||
30 | redevelopment project area to which it pertains:
| ||||||
31 | (A) Obsolete platting of vacant land that results | ||||||
32 | in parcels of
limited or
narrow size or configurations | ||||||
33 | of parcels of irregular size or shape that would
be | ||||||
34 | difficult to develop on
a planned basis and in a manner |
| |||||||
| |||||||
1 | compatible with contemporary standards and
| ||||||
2 | requirements, or platting that failed to create | ||||||
3 | rights-of-ways for streets or
alleys or that created | ||||||
4 | inadequate right-of-way widths for streets, alleys, or
| ||||||
5 | other public rights-of-way or that omitted easements | ||||||
6 | for public utilities.
| ||||||
7 | (B) Diversity of ownership of parcels of vacant | ||||||
8 | land sufficient in
number to
retard or impede the | ||||||
9 | ability to assemble the land for development.
| ||||||
10 | (C) Tax and special assessment delinquencies exist | ||||||
11 | or the property has
been the subject of tax sales under | ||||||
12 | the Property Tax Code within the last 5
years.
| ||||||
13 | (D) Deterioration of structures or site | ||||||
14 | improvements in neighboring
areas adjacent to the | ||||||
15 | vacant land.
| ||||||
16 | (E) The area has incurred Illinois Environmental | ||||||
17 | Protection Agency or
United States Environmental | ||||||
18 | Protection Agency remediation costs for, or a study
| ||||||
19 | conducted by an independent consultant recognized as | ||||||
20 | having expertise in
environmental remediation has | ||||||
21 | determined a need for, the
clean-up of hazardous
waste, | ||||||
22 | hazardous substances, or underground storage tanks | ||||||
23 | required by State or
federal law, provided that the | ||||||
24 | remediation costs
constitute a material impediment to | ||||||
25 | the development or redevelopment of
the
redevelopment | ||||||
26 | project area.
| ||||||
27 | (F) The total equalized assessed value of the | ||||||
28 | proposed redevelopment
project area has declined for 3 | ||||||
29 | of the last 5 calendar years
prior to the year in which | ||||||
30 | the redevelopment project area is designated
or is | ||||||
31 | increasing at an
annual rate that is less
than the | ||||||
32 | balance of the municipality for 3 of the last 5 | ||||||
33 | calendar years for
which information is available or is | ||||||
34 | increasing at an annual rate that is less
than
the |
| |||||||
| |||||||
1 | Consumer Price Index
for All Urban Consumers published | ||||||
2 | by the United States Department of Labor or
successor | ||||||
3 | agency for 3 of the last 5 calendar years
prior to the | ||||||
4 | year in which the redevelopment project area is | ||||||
5 | designated.
| ||||||
6 | (3) If vacant, the sound growth of the redevelopment | ||||||
7 | project area is
impaired by one of the
following factors | ||||||
8 | that (i) is present, with that presence documented, to a
| ||||||
9 | meaningful extent so that a municipality may reasonably | ||||||
10 | find that the factor is
clearly
present within the intent | ||||||
11 | of the Act and (ii) is reasonably distributed
throughout | ||||||
12 | the vacant part of the
redevelopment project area to which | ||||||
13 | it pertains:
| ||||||
14 | (A) The area consists of one or more unused | ||||||
15 | quarries, mines, or strip
mine ponds.
| ||||||
16 | (B) The area consists of unused rail yards, rail | ||||||
17 | tracks, or railroad
rights-of-way.
| ||||||
18 | (C) The area, prior to its designation, is subject | ||||||
19 | to (i) chronic
flooding
that adversely impacts on real | ||||||
20 | property in the area as certified by a
registered
| ||||||
21 | professional engineer or appropriate regulatory agency | ||||||
22 | or (ii) surface water
that
discharges from all or a | ||||||
23 | part of the area and contributes to flooding within
the
| ||||||
24 | same watershed, but only if the redevelopment project | ||||||
25 | provides for facilities
or
improvements to contribute | ||||||
26 | to the alleviation of all or part of the
flooding.
| ||||||
27 | (D) The area consists of an unused or illegal | ||||||
28 | disposal site containing
earth,
stone, building | ||||||
29 | debris, or similar materials that were removed from
| ||||||
30 | construction, demolition, excavation, or dredge sites.
| ||||||
31 | (E) Prior to November 1, 1999, the area
is not less | ||||||
32 | than 50 nor more than 100 acres and 75%
of which is | ||||||
33 | vacant (notwithstanding that the area has been used
for | ||||||
34 | commercial agricultural purposes within 5 years prior |
| |||||||
| |||||||
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 | ||||||
27 | components of buildings or improvements in
such a | ||||||
28 | combination that a documented building condition analysis | ||||||
29 | determines
that major repair is required or the defects are | ||||||
30 | so serious and so extensive
that the buildings must be | ||||||
31 | removed.
| ||||||
32 | (2) Obsolescence. The condition or process of falling | ||||||
33 | into disuse.
Structures have become ill-suited for the | ||||||
34 | original use.
|
| |||||||
| |||||||
1 | (3) Deterioration. With respect to buildings, defects
| ||||||
2 | including, but not limited to, major defects in
the | ||||||
3 | secondary building components such as doors, windows, | ||||||
4 | porches, gutters and
downspouts, and fascia. With respect | ||||||
5 | to surface improvements, that the
condition of roadways, | ||||||
6 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
7 | surface storage areas evidence deterioration, including, | ||||||
8 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
9 | depressions, loose paving material,
and weeds protruding | ||||||
10 | through paved surfaces.
| ||||||
11 | (4) Presence of structures below minimum code | ||||||
12 | standards. All structures
that do not meet the standards of | ||||||
13 | zoning, subdivision, building, fire, and
other | ||||||
14 | governmental codes applicable to property, but not | ||||||
15 | including housing and
property maintenance codes.
| ||||||
16 | (5) Illegal use of individual structures. The use of | ||||||
17 | structures in
violation of applicable federal, State, or | ||||||
18 | local laws, exclusive of those
applicable to the presence | ||||||
19 | of structures below minimum code standards.
| ||||||
20 | (6) Excessive vacancies. The presence of
buildings | ||||||
21 | that are unoccupied or under-utilized and that represent an | ||||||
22 | adverse
influence on the area because of the frequency, | ||||||
23 | extent, or duration of the
vacancies.
| ||||||
24 | (7) Lack of ventilation, light, or sanitary | ||||||
25 | facilities. The absence of
adequate ventilation for light | ||||||
26 | or air circulation in spaces or rooms without
windows, or | ||||||
27 | that require the removal of dust, odor, gas, smoke, or | ||||||
28 | other
noxious airborne materials. Inadequate natural light | ||||||
29 | and ventilation means
the absence or inadequacy of | ||||||
30 | skylights or windows for interior spaces or rooms
and | ||||||
31 | improper
window sizes and amounts by room area to window | ||||||
32 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
33 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
34 | bathroom facilities, hot water and kitchens, and |
| |||||||
| |||||||
1 | structural inadequacies
preventing ingress and egress to | ||||||
2 | and from all rooms and units within a
building.
| ||||||
3 | (8) Inadequate utilities. Underground and overhead | ||||||
4 | utilities
such as storm sewers and storm drainage, sanitary | ||||||
5 | sewers, water lines, and gas,
telephone, and
electrical | ||||||
6 | services that are shown to be inadequate. Inadequate | ||||||
7 | utilities are
those that are: (i) of insufficient capacity | ||||||
8 | to serve the uses in the
redevelopment project area, (ii) | ||||||
9 | deteriorated,
antiquated, obsolete, or in disrepair, or | ||||||
10 | (iii) lacking within the
redevelopment project area.
| ||||||
11 | (9) Excessive land coverage and overcrowding of | ||||||
12 | structures and community
facilities. The over-intensive | ||||||
13 | use of property and the crowding of buildings
and accessory | ||||||
14 | facilities onto a site. Examples of problem conditions
| ||||||
15 | warranting the designation of an area as one exhibiting | ||||||
16 | excessive land coverage
are: the presence of buildings | ||||||
17 | either improperly situated on parcels or located
on parcels | ||||||
18 | of inadequate size and shape in relation to present-day | ||||||
19 | standards of
development for health and safety and the | ||||||
20 | presence of multiple buildings on a
single parcel. For | ||||||
21 | there to be a finding of excessive land coverage,
these | ||||||
22 | parcels must exhibit one or more of the following | ||||||
23 | conditions:
insufficient provision for
light and air | ||||||
24 | within or around buildings, increased threat of spread of | ||||||
25 | fire
due to the close proximity of buildings, lack of | ||||||
26 | adequate or proper access to a
public right-of-way, lack of | ||||||
27 | reasonably required off-street parking, or
inadequate | ||||||
28 | provision for loading and service.
| ||||||
29 | (10) Deleterious land use or layout. The existence of | ||||||
30 | incompatible
land-use
relationships, buildings occupied by | ||||||
31 | inappropriate mixed-uses, or uses
considered to be | ||||||
32 | noxious, offensive, or unsuitable for the
surrounding | ||||||
33 | area.
| ||||||
34 | (11) Lack of community planning. The proposed |
| |||||||
| |||||||
1 | redevelopment project area
was
developed prior to or | ||||||
2 | without the benefit or guidance of a community plan.
This | ||||||
3 | means that the development occurred prior to the adoption | ||||||
4 | by the
municipality of a comprehensive or other community | ||||||
5 | plan or that the plan was
not followed at the time of the | ||||||
6 | area's development. This factor must be
documented by | ||||||
7 | evidence of adverse or incompatible land-use | ||||||
8 | relationships,
inadequate street layout, improper | ||||||
9 | subdivision, parcels of inadequate shape and
size to meet | ||||||
10 | contemporary development standards, or other evidence
| ||||||
11 | demonstrating
an absence of effective community planning.
| ||||||
12 | (12) The area has incurred Illinois Environmental | ||||||
13 | Protection Agency or
United
States Environmental | ||||||
14 | Protection Agency remediation costs for, or a study
| ||||||
15 | conducted by an independent consultant recognized as | ||||||
16 | having expertise in
environmental remediation has | ||||||
17 | determined a need for, the clean-up of hazardous
waste, | ||||||
18 | hazardous substances, or underground storage tanks | ||||||
19 | required by State
or federal law, provided that the | ||||||
20 | remediation costs constitute a material
impediment to the | ||||||
21 | development or redevelopment of the redevelopment project
| ||||||
22 | area.
| ||||||
23 | (13) The total equalized assessed value of the proposed | ||||||
24 | redevelopment
project area has declined for 3 of the last 5 | ||||||
25 | calendar years
for which information is
available or is | ||||||
26 | increasing at an annual rate that is less than the balance | ||||||
27 | of
the municipality for 3 of the last 5 calendar years for | ||||||
28 | which information is
available or is increasing at an | ||||||
29 | annual rate that is less
than the Consumer Price Index for | ||||||
30 | All Urban Consumers published by the United
States | ||||||
31 | Department of Labor or successor agency for 3 of the last 5 | ||||||
32 | calendar
years for which information is available.
| ||||||
33 | (c) "Industrial park" means an area in a blighted or | ||||||
34 | conservation
area suitable for use by any manufacturing, |
| |||||||
| |||||||
1 | industrial, research or
transportation enterprise, of | ||||||
2 | facilities to include but not be limited to
factories, mills, | ||||||
3 | processing plants, assembly plants, packing plants,
| ||||||
4 | fabricating plants, industrial distribution centers, | ||||||
5 | warehouses, repair
overhaul or service facilities, freight | ||||||
6 | terminals, research facilities,
test facilities or railroad | ||||||
7 | facilities.
| ||||||
8 | (d) "Industrial park conservation area" means an area | ||||||
9 | within the
boundaries of a redevelopment project area located | ||||||
10 | within the territorial
limits of a municipality that is a labor | ||||||
11 | surplus municipality or within 1
1/2 miles of the territorial | ||||||
12 | limits of a municipality that is a labor
surplus municipality | ||||||
13 | if the area is annexed to the municipality; which
area is zoned | ||||||
14 | as industrial no later than at the time the municipality by
| ||||||
15 | ordinance designates the redevelopment project area, and which | ||||||
16 | area
includes both vacant land suitable for use as an | ||||||
17 | industrial park and a
blighted area or conservation area | ||||||
18 | contiguous to such vacant land.
| ||||||
19 | (e) "Labor surplus municipality" means a municipality in | ||||||
20 | which, at any
time during the 6 months before the municipality | ||||||
21 | by ordinance designates
an industrial park conservation area, | ||||||
22 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
23 | the national average unemployment rate for that same
time as | ||||||
24 | published in the United States Department of Labor Bureau of | ||||||
25 | Labor
Statistics publication entitled "The Employment | ||||||
26 | Situation" or its successor
publication. For the purpose of | ||||||
27 | this subsection, if unemployment rate
statistics for the | ||||||
28 | municipality are not available, the unemployment rate in
the | ||||||
29 | municipality shall be deemed to be the same as the unemployment | ||||||
30 | rate in
the principal county in which the municipality is | ||||||
31 | located.
| ||||||
32 | (f) "Municipality" shall mean a city, village, | ||||||
33 | incorporated town, or a township that is located in the | ||||||
34 | unincorporated portion of a county with 3 million or more |
| |||||||
| |||||||
1 | inhabitants, if the county adopted an ordinance that approved | ||||||
2 | the township's redevelopment plan.
| ||||||
3 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
4 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
5 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
6 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
7 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
8 | transactions at places located in a
State Sales Tax Boundary | ||||||
9 | during the calendar year 1985.
| ||||||
10 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
11 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
12 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
13 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
14 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
15 | transactions at places located within the State Sales Tax | ||||||
16 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| ||||||
17 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
18 | to the
increase in the aggregate amount of taxes paid to a | ||||||
19 | municipality from the
Local Government Tax Fund arising from | ||||||
20 | sales by retailers and servicemen
within the redevelopment | ||||||
21 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
22 | for as long as the redevelopment project area or State
Sales | ||||||
23 | Tax Boundary, as the case may be, exist over and above the | ||||||
24 | aggregate
amount of taxes as certified by the Illinois | ||||||
25 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
26 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
27 | by retailers and servicemen, on transactions at places
of | ||||||
28 | business located in the redevelopment project area or State | ||||||
29 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
30 | which shall be the calendar year immediately prior to the year | ||||||
31 | in
which the municipality adopted tax increment allocation | ||||||
32 | financing. For
purposes of computing the aggregate amount of | ||||||
33 | such taxes for base years
occurring prior to 1985, the | ||||||
34 | Department of Revenue shall determine the
Initial Sales Tax |
| |||||||
| |||||||
1 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
2 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
3 | base year is prior to 1985, but not to exceed a total deduction | ||||||
4 | of 12%.
The amount so determined shall be known as the | ||||||
5 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
6 | determining the Municipal Sales Tax Increment,
the Department | ||||||
7 | of Revenue shall for each period subtract from the amount
paid | ||||||
8 | to the municipality from the Local Government Tax Fund arising | ||||||
9 | from
sales by retailers and servicemen on transactions
located | ||||||
10 | in the redevelopment project area or the State Sales Tax | ||||||
11 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
12 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
13 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
14 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
15 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
16 | made by utilizing the calendar year 1987 to determine the tax | ||||||
17 | amounts
received. For the State Fiscal Year 1990, this | ||||||
18 | calculation shall be made
by utilizing the period from January | ||||||
19 | 1, 1988, until September 30, 1988, to
determine the tax amounts | ||||||
20 | received from retailers and servicemen pursuant
to the | ||||||
21 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
22 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
23 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
24 | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | ||||||
25 | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | ||||||
26 | this calculation shall be made by utilizing
the period from | ||||||
27 | October 1, 1988, to June 30, 1989, to determine the tax
amounts | ||||||
28 | received from retailers and servicemen pursuant to the | ||||||
29 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
30 | Occupation Tax Act
which shall have deducted therefrom | ||||||
31 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
32 | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | ||||||
33 | Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
34 | thereafter, the applicable period shall be the 12 months
|
| |||||||
| |||||||
1 | beginning July 1 and ending June 30 to determine the tax | ||||||
2 | amounts received
which shall have deducted therefrom the | ||||||
3 | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | ||||||
4 | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | ||||||
5 | case may be.
| ||||||
6 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
7 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
8 | Increment annually generated
within a State Sales Tax Boundary; | ||||||
9 | (b) 60% of the amount in excess of
$100,000 but not exceeding | ||||||
10 | $500,000 of State Sales Tax Increment annually
generated within | ||||||
11 | a State Sales Tax Boundary; and (c) 40% of all amounts in
| ||||||
12 | excess of $500,000 of State Sales Tax Increment annually | ||||||
13 | generated within a
State Sales Tax Boundary. If, however, a | ||||||
14 | municipality established a tax
increment financing district in | ||||||
15 | a county with a population in excess of
3,000,000 before | ||||||
16 | January 1, 1986, and the municipality entered into a
contract | ||||||
17 | or issued bonds after January 1, 1986, but before December 31, | ||||||
18 | 1986,
to finance redevelopment project costs within a State | ||||||
19 | Sales Tax
Boundary, then the Net State Sales Tax Increment | ||||||
20 | means, for the fiscal years
beginning July 1, 1990, and July 1, | ||||||
21 | 1991, 100% of the State Sales Tax
Increment annually generated | ||||||
22 | within a State Sales Tax Boundary; and
notwithstanding any | ||||||
23 | other provision of this Act, for those fiscal years the
| ||||||
24 | Department of Revenue shall distribute to those municipalities | ||||||
25 | 100% of
their Net State Sales Tax Increment before any | ||||||
26 | distribution to any other
municipality and regardless of | ||||||
27 | whether or not those other municipalities
will receive 100% of | ||||||
28 | their Net State Sales Tax Increment. For Fiscal Year
1999, and | ||||||
29 | every year thereafter until the year 2007, for any municipality
| ||||||
30 | that has not entered into a contract or has not issued bonds | ||||||
31 | prior to June
1, 1988 to finance redevelopment project costs | ||||||
32 | within a State Sales Tax
Boundary, the Net State Sales Tax | ||||||
33 | Increment shall be calculated as follows:
By multiplying the | ||||||
34 | Net State Sales Tax Increment by 90% in the State Fiscal
Year |
| |||||||
| |||||||
1 | 1999; 80% in the State Fiscal Year 2000; 70% in the State | ||||||
2 | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | ||||||
3 | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | ||||||
4 | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | ||||||
5 | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | ||||||
6 | be made for State Fiscal Year 2008 and thereafter.
| ||||||
7 | Municipalities that issued bonds in connection with a | ||||||
8 | redevelopment project
in a redevelopment project area within | ||||||
9 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
10 | entered into contracts in connection with a redevelopment | ||||||
11 | project in
a redevelopment project area before June 1, 1988,
| ||||||
12 | shall continue to receive their proportional share of the
| ||||||
13 | Illinois Tax Increment Fund distribution until the date on | ||||||
14 | which the
redevelopment project is completed or terminated.
If, | ||||||
15 | however, a municipality that issued bonds in connection with a
| ||||||
16 | redevelopment project in a redevelopment project area within | ||||||
17 | the State Sales
Tax Boundary prior to July 29, 1991 retires the | ||||||
18 | bonds prior to June 30, 2007 or
a municipality that entered | ||||||
19 | into contracts in connection with a redevelopment
project in a | ||||||
20 | redevelopment project area before June 1, 1988 completes the
| ||||||
21 | contracts prior to June 30, 2007, then so long as the | ||||||
22 | redevelopment project is
not
completed or is not terminated, | ||||||
23 | the Net State Sales Tax Increment shall be
calculated, | ||||||
24 | beginning on the date on which the bonds are retired or the
| ||||||
25 | contracts are completed, as follows: By multiplying the Net | ||||||
26 | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | ||||||
27 | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | ||||||
28 | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | ||||||
29 | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | ||||||
30 | payment shall be made for State Fiscal Year
2008 and | ||||||
31 | thereafter.
Refunding of any bonds issued
prior to July 29, | ||||||
32 | 1991, shall not alter the Net State Sales Tax Increment.
| ||||||
33 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
34 | equal to the
aggregate increase in State electric and gas tax |
| |||||||
| |||||||
1 | charges imposed on owners
and tenants, other than residential | ||||||
2 | customers, of properties located within
the redevelopment | ||||||
3 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
4 | over and above the aggregate of such charges as certified by | ||||||
5 | the
Department of Revenue and paid by owners and tenants, other | ||||||
6 | than
residential customers, of properties within the | ||||||
7 | redevelopment project area
during the base year, which shall be | ||||||
8 | the calendar year immediately prior to
the year of the adoption | ||||||
9 | of the ordinance authorizing tax increment allocation
| ||||||
10 | financing.
| ||||||
11 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
12 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
13 | Increment annually
generated by a redevelopment project area; | ||||||
14 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
15 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
16 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
17 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
18 | generated by a redevelopment project area. For the State Fiscal | ||||||
19 | Year 1999,
and every year thereafter until the year 2007, for | ||||||
20 | any municipality that
has not entered into a contract or has | ||||||
21 | not issued bonds prior to June 1,
1988 to finance redevelopment | ||||||
22 | project costs within a redevelopment project
area, the Net | ||||||
23 | State Utility Tax Increment shall be calculated as follows:
By | ||||||
24 | multiplying the Net State Utility Tax Increment by 90% in the | ||||||
25 | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | ||||||
26 | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | ||||||
27 | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | ||||||
28 | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | ||||||
29 | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | ||||||
30 | No payment shall be made for the State Fiscal Year 2008
and | ||||||
31 | thereafter.
| ||||||
32 | Municipalities that issue bonds in connection with the | ||||||
33 | redevelopment project
during the period from June 1, 1988 until | ||||||
34 | 3 years after the effective date
of this Amendatory Act of 1988 |
| |||||||
| |||||||
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.
| ||||||
27 | (n) "Redevelopment plan" means the comprehensive program | ||||||
28 | of
the municipality for development or redevelopment intended | ||||||
29 | by the payment of
redevelopment project costs to reduce or | ||||||
30 | eliminate those conditions the
existence of which qualified the | ||||||
31 | redevelopment project area as
a "blighted
area" or | ||||||
32 | "conservation area" or combination thereof or "industrial park
| ||||||
33 | conservation area," and thereby to enhance the tax bases of the | ||||||
34 | taxing
districts which extend into the redevelopment project |
| |||||||
| |||||||
1 | area.
On and after November 1, 1999 (the effective date of
| ||||||
2 | Public Act 91-478), no
redevelopment plan may be approved or | ||||||
3 | amended that includes the development of
vacant land (i) with a | ||||||
4 | golf course and related clubhouse and other facilities
or (ii) | ||||||
5 | designated by federal, State, county, or municipal government | ||||||
6 | as public
land for outdoor recreational activities or for | ||||||
7 | nature preserves and used for
that purpose within 5
years prior | ||||||
8 | to the adoption of the redevelopment plan. For the purpose of
| ||||||
9 | this subsection, "recreational activities" is limited to mean | ||||||
10 | camping and
hunting.
Each
redevelopment plan shall set forth in | ||||||
11 | writing the program to be undertaken
to accomplish the | ||||||
12 | objectives and shall include but not be limited to:
| ||||||
13 | (A) an itemized list of estimated redevelopment | ||||||
14 | project costs;
| ||||||
15 | (B) evidence indicating that the redevelopment project | ||||||
16 | area on the whole
has not been subject to growth and | ||||||
17 | development through investment by private
enterprise;
| ||||||
18 | (C) an assessment of any financial impact of the | ||||||
19 | redevelopment project
area on or any increased demand for | ||||||
20 | services from any taxing district affected
by the plan and | ||||||
21 | any program to address such financial impact or increased
| ||||||
22 | demand;
| ||||||
23 | (D) the sources of funds to pay costs;
| ||||||
24 | (E) the nature and term of the obligations to be | ||||||
25 | issued;
| ||||||
26 | (F) the most recent equalized assessed valuation of the | ||||||
27 | redevelopment
project area;
| ||||||
28 | (G) an estimate as to the equalized assessed valuation | ||||||
29 | after redevelopment
and the general land uses to apply in | ||||||
30 | the redevelopment project area;
| ||||||
31 | (H) a commitment to fair employment practices and an | ||||||
32 | affirmative action
plan;
| ||||||
33 | (I) if it concerns an industrial park
conservation | ||||||
34 | area, the plan shall
also include a general description
of |
| |||||||
| |||||||
1 | any proposed developer, user and tenant of any property, a | ||||||
2 | description
of the type, structure and general character of | ||||||
3 | the facilities to be
developed, a description of the type, | ||||||
4 | class and number of new employees to
be employed in the | ||||||
5 | operation of the facilities to be developed; and
| ||||||
6 | (J) if property is to be annexed to the municipality, | ||||||
7 | the plan shall
include the terms of the annexation | ||||||
8 | agreement.
| ||||||
9 | The provisions of items (B) and (C) of this subsection (n) | ||||||
10 | shall not apply to
a municipality that before March 14, 1994 | ||||||
11 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
12 | its
corporate authorities or by a commission designated under | ||||||
13 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
14 | public hearing as required by
subsection (a) of Section | ||||||
15 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
16 | municipality complies with all of the following requirements:
| ||||||
17 | (1) The municipality finds that the redevelopment | ||||||
18 | project area on
the whole has not been subject to growth | ||||||
19 | and development through investment
by private enterprise | ||||||
20 | and would not reasonably be anticipated to be
developed | ||||||
21 | without the adoption of the redevelopment plan.
| ||||||
22 | (2) The municipality finds that the redevelopment plan | ||||||
23 | and project conform
to the comprehensive plan for the | ||||||
24 | development of the municipality as a whole,
or, for | ||||||
25 | municipalities with a population of 100,000 or more, | ||||||
26 | regardless of when
the redevelopment plan and project was | ||||||
27 | adopted, the redevelopment plan and
project either: (i) | ||||||
28 | conforms to the strategic economic development or
| ||||||
29 | redevelopment plan issued by the designated planning | ||||||
30 | authority of the
municipality, or (ii) includes land uses | ||||||
31 | that have been approved by the
planning commission of the | ||||||
32 | municipality.
| ||||||
33 | (3) The redevelopment plan establishes the estimated | ||||||
34 | dates of completion
of the redevelopment project and |
| |||||||
| |||||||
1 | retirement of obligations issued to finance
redevelopment | ||||||
2 | project costs. Those dates: shall not be
later than | ||||||
3 | December 31 of the year in which the payment to the | ||||||
4 | municipal
treasurer as provided in subsection (b) of | ||||||
5 | Section 11-74.4-8 of this Act is to
be made with respect to | ||||||
6 | ad valorem taxes levied in the twenty-third
calendar year | ||||||
7 | after the year in which the ordinance approving the
| ||||||
8 | redevelopment project area is adopted if the ordinance was | ||||||
9 | adopted on or after
January 15, 1981; shall not be later | ||||||
10 | than December 31 of the year in which the payment to the | ||||||
11 | municipal
treasurer as provided in subsection (b) of | ||||||
12 | Section 11-74.4-8 of this Act is to
be made with respect to | ||||||
13 | ad valorem taxes levied in the thirty-third calendar
year | ||||||
14 | after the year in which the ordinance approving the
| ||||||
15 | redevelopment project area if the ordinance was adopted on | ||||||
16 | May 20, 1985 by the Village of Wheeling; and
shall not be | ||||||
17 | later than December 31 of the year in which the payment to | ||||||
18 | the municipal
treasurer as provided in subsection (b) of | ||||||
19 | Section 11-74.4-8 of this Act is to
be made with respect to | ||||||
20 | ad valorem taxes levied in the thirty-fifth calendar
year | ||||||
21 | after the year in which the ordinance approving the
| ||||||
22 | redevelopment project area is adopted:
| ||||||
23 | (A) if the ordinance was adopted before January 15,
| ||||||
24 | 1981, or
| ||||||
25 | (B) if the ordinance was adopted in December 1983, | ||||||
26 | April 1984,
July 1985, or December 1989, or
| ||||||
27 | (C) if the ordinance was adopted in December 1987 | ||||||
28 | and the
redevelopment project is located within one | ||||||
29 | mile of Midway Airport, or
| ||||||
30 | (D) if the ordinance was adopted before January 1, | ||||||
31 | 1987 by a
municipality
in Mason County, or
| ||||||
32 | (E) if the municipality is
subject to the Local | ||||||
33 | Government Financial Planning and Supervision Act or | ||||||
34 | the
Financially Distressed City Law, or
|
| |||||||
| |||||||
1 | (F) if
the ordinance was adopted in December 1984 | ||||||
2 | by the Village of Rosemont, or
| ||||||
3 | (G) if
the ordinance was adopted on December 31, | ||||||
4 | 1986 by a municipality
located in Clinton County
for | ||||||
5 | which at least $250,000 of tax
increment bonds were | ||||||
6 | authorized on June 17, 1997, or if
the ordinance was | ||||||
7 | adopted on December 31, 1986 by a municipality with
a | ||||||
8 | population in 1990 of less than 3,600 that is located | ||||||
9 | in a county with a
population in 1990 of less than | ||||||
10 | 34,000 and for which at least $250,000 of tax
increment | ||||||
11 | bonds were authorized on June 17, 1997, or
| ||||||
12 | (H) if the ordinance was adopted on October 5, 1982 | ||||||
13 | by the City of
Kankakee, or if the ordinance was | ||||||
14 | adopted on December 29, 1986 by East St.
Louis, or
| ||||||
15 | (I) if the ordinance was adopted on November 12, | ||||||
16 | 1991 by the Village
of Sauget, or
| ||||||
17 | (J) if the ordinance was adopted on February 11, | ||||||
18 | 1985 by the City of
Rock Island, or
| ||||||
19 | (K) if the ordinance was adopted before December | ||||||
20 | 18, 1986 by the City of
Moline, or
| ||||||
21 | (L) if the ordinance was adopted in September 1988 | ||||||
22 | by Sauk Village,
or
| ||||||
23 | (M) if the ordinance was adopted in October 1993 by | ||||||
24 | Sauk Village,
or
| ||||||
25 | (N) if the ordinance was adopted on December 29, | ||||||
26 | 1986 by the City of
Galva, or
| ||||||
27 | (O) if the ordinance was adopted in March 1991 by | ||||||
28 | the City of
Centreville, or
| ||||||
29 | (P) if the ordinance was adopted on January 23, | ||||||
30 | 1991 by the
City of East St. Louis, or
| ||||||
31 | (Q) if the ordinance was adopted on December 22, | ||||||
32 | 1986 by the City of
Aledo, or
| ||||||
33 | (R) if the ordinance was adopted on February 5, | ||||||
34 | 1990 by the City of
Clinton, or
|
| |||||||
| |||||||
1 | (S) if the ordinance was adopted on September 6, | ||||||
2 | 1994 by the City of
Freeport, or
| ||||||
3 | (T) if the ordinance was adopted on December 22, | ||||||
4 | 1986 by the City of
Tuscola, or
| ||||||
5 | (U) if the ordinance was adopted on December 23, | ||||||
6 | 1986 by the City of
Sparta, or
| ||||||
7 | (V) if the ordinance was adopted on December 23, | ||||||
8 | 1986 by the City of
Beardstown, or
| ||||||
9 | (W) if the ordinance was adopted on April 27, 1981, | ||||||
10 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
11 | Belleville, or
| ||||||
12 | (X) if the ordinance was adopted on December 29, | ||||||
13 | 1986 by the City of
Collinsville, or
| ||||||
14 | (Y) if the ordinance was adopted on September 14, | ||||||
15 | 1994 by the City of
Alton, or
| ||||||
16 | (Z) if the ordinance was adopted on November 11, | ||||||
17 | 1996 by the City of
Lexington, or
| ||||||
18 | (AA) if the ordinance was adopted on November 5, | ||||||
19 | 1984 by the City of
LeRoy, or
| ||||||
20 | (BB) if the ordinance was adopted on April 3, 1991 | ||||||
21 | or June 3, 1992 by
the City of Markham, or
| ||||||
22 | (CC) if the ordinance was adopted on November 11, | ||||||
23 | 1986 by the City of Pekin, or
| ||||||
24 | (DD) if the ordinance was adopted on December 15, | ||||||
25 | 1981 by the City of Champaign, or | ||||||
26 | (EE) if the ordinance was adopted on December 15, | ||||||
27 | 1986 by the City of Urbana, or | ||||||
28 | (FF) if the ordinance was adopted on December 15, | ||||||
29 | 1986 by the Village of Heyworth, or | ||||||
30 | (GG) if the ordinance was adopted on February 24, | ||||||
31 | 1992 by the Village of Heyworth, or | ||||||
32 | (HH) if the ordinance was adopted on March 16, 1995 | ||||||
33 | by the Village of Heyworth, or | ||||||
34 | (II) if the ordinance was adopted on December 23, |
| |||||||
| |||||||
1 | 1986 by the Town of Cicero, or | ||||||
2 | (JJ) if the ordinance was adopted on December 30, | ||||||
3 | 1986 by the City of Effingham, or | ||||||
4 | (KK) if the ordinance was adopted on May 9, 1991 by | ||||||
5 | the Village of
Tilton, or | ||||||
6 | (LL) if the ordinance was adopted on October 20, | ||||||
7 | 1986 by the City of Elmhurst, or | ||||||
8 | (MM) if the ordinance was adopted on January 19, | ||||||
9 | 1988 by the City of
Waukegan, or | ||||||
10 | (NN) if the ordinance was adopted on September 21, | ||||||
11 | 1998 by the City of
Waukegan, or | ||||||
12 | (OO) if the ordinance was adopted on December 31, | ||||||
13 | 1986 by the City of Sullivan, or | ||||||
14 | (PP) if the ordinance was adopted on December 23, | ||||||
15 | 1991 by the City of Sullivan , or .
| ||||||
16 | (QQ)
(OO) if the ordinance was adopted on December | ||||||
17 | 31, 1986 by the City of Oglesby , or | ||||||
18 | (RR) if the ordinance was adopted on February 2, | ||||||
19 | 1989 by the Village of Lombard .
| ||||||
20 | However, for redevelopment project areas for which | ||||||
21 | bonds were issued before
July 29, 1991, or for which | ||||||
22 | contracts were entered into before June 1,
1988, in | ||||||
23 | connection with a redevelopment project in the area within
| ||||||
24 | the State Sales Tax Boundary, the estimated dates of | ||||||
25 | completion of the
redevelopment project and retirement of | ||||||
26 | obligations to finance redevelopment
project costs may be | ||||||
27 | extended by municipal ordinance to December 31, 2013.
The | ||||||
28 | termination procedures of subsection (b) of Section | ||||||
29 | 11-74.4-8 are not
required for
these redevelopment project | ||||||
30 | areas in 2009 but are required in 2013.
The extension | ||||||
31 | allowed by this amendatory Act of 1993 shall not apply to | ||||||
32 | real
property tax increment allocation financing under | ||||||
33 | Section 11-74.4-8.
| ||||||
34 | A municipality may by municipal ordinance amend an |
| |||||||
| |||||||
1 | existing redevelopment
plan to conform to this paragraph | ||||||
2 | (3) as amended by Public Act 91-478, which
municipal | ||||||
3 | ordinance may be adopted without
further hearing or
notice | ||||||
4 | and without complying with the procedures provided in this | ||||||
5 | Act
pertaining to an amendment to or the initial approval | ||||||
6 | of a redevelopment plan
and project and
designation of a | ||||||
7 | redevelopment project area.
| ||||||
8 | Those dates, for purposes of real property tax | ||||||
9 | increment allocation
financing pursuant to Section | ||||||
10 | 11-74.4-8 only, shall be not more than 35 years
for | ||||||
11 | redevelopment project areas that were adopted on or after | ||||||
12 | December 16,
1986 and for which at least $8 million worth | ||||||
13 | of municipal bonds were authorized
on or after December 19, | ||||||
14 | 1989 but before January 1, 1990; provided that the
| ||||||
15 | municipality elects to extend the life of the redevelopment | ||||||
16 | project area to 35
years by the adoption of an ordinance | ||||||
17 | after at least 14 but not more than 30
days' written notice | ||||||
18 | to the taxing bodies, that would otherwise constitute the
| ||||||
19 | joint review board for the redevelopment project area, | ||||||
20 | before the adoption of
the ordinance.
| ||||||
21 | Those dates, for purposes of real property tax | ||||||
22 | increment allocation
financing pursuant to Section | ||||||
23 | 11-74.4-8 only, shall be not more than 35 years
for | ||||||
24 | redevelopment project areas that were established on or | ||||||
25 | after December 1,
1981 but before January 1, 1982 and for | ||||||
26 | which at least $1,500,000 worth of
tax increment revenue | ||||||
27 | bonds were authorized
on or after September 30, 1990 but | ||||||
28 | before July 1, 1991; provided that the
municipality elects | ||||||
29 | to extend the life of the redevelopment project area to 35
| ||||||
30 | years by the adoption of an ordinance after at least 14 but | ||||||
31 | not more than 30
days' written notice to the taxing bodies, | ||||||
32 | that would otherwise constitute the
joint review board for | ||||||
33 | the redevelopment project area, before the adoption of
the | ||||||
34 | ordinance.
|
| |||||||
| |||||||
1 | (3.5) The municipality finds, in the case of an | ||||||
2 | industrial
park
conservation area, also that the | ||||||
3 | municipality is a labor surplus municipality
and that the | ||||||
4 | implementation of the redevelopment plan will reduce | ||||||
5 | unemployment,
create new jobs and by the provision of new | ||||||
6 | facilities enhance the tax base of
the taxing districts | ||||||
7 | that extend into the redevelopment project area.
| ||||||
8 | (4) If any incremental revenues are being utilized | ||||||
9 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
10 | redevelopment project areas approved by ordinance
after | ||||||
11 | January 1, 1986, the municipality finds: (a) that the | ||||||
12 | redevelopment
project area would not reasonably be | ||||||
13 | developed without the use of such
incremental revenues, and | ||||||
14 | (b) that such incremental revenues will be
exclusively | ||||||
15 | utilized for the development of the redevelopment project | ||||||
16 | area.
| ||||||
17 | (5) If
the redevelopment plan will not result in
| ||||||
18 | displacement of
residents from 10 or more inhabited | ||||||
19 | residential units, and the
municipality certifies in the | ||||||
20 | plan that
such displacement will not result from the plan, | ||||||
21 | a housing impact study
need not be performed.
If, however, | ||||||
22 | the redevelopment plan would result in the displacement
of
| ||||||
23 | residents from 10 or more inhabited
residential units,
or | ||||||
24 | if the redevelopment project area contains 75 or more | ||||||
25 | inhabited residential
units and no
certification is made,
| ||||||
26 | then the municipality shall prepare, as part of the | ||||||
27 | separate
feasibility report required by subsection (a) of | ||||||
28 | Section 11-74.4-5, a housing
impact study.
| ||||||
29 | Part I of the housing impact study shall include (i) | ||||||
30 | data as to whether
the residential units are single family | ||||||
31 | or multi-family units,
(ii) the number and type of rooms | ||||||
32 | within the units, if that information is
available, (iii) | ||||||
33 | whether
the
units are inhabited or uninhabited, as | ||||||
34 | determined not less than 45
days before the date that the |
| |||||||
| |||||||
1 | ordinance or resolution required
by subsection (a) of | ||||||
2 | Section 11-74.4-5 is passed, and (iv) data as to the
racial | ||||||
3 | and ethnic composition of the residents in the inhabited | ||||||
4 | residential
units. The data requirement as to the racial | ||||||
5 | and ethnic composition of the
residents in the inhabited | ||||||
6 | residential units shall be deemed to be fully
satisfied by | ||||||
7 | data from the most recent federal census.
| ||||||
8 | Part II of the housing impact study shall identify the | ||||||
9 | inhabited
residential units in the proposed redevelopment | ||||||
10 | project area that are to be or
may be removed. If inhabited | ||||||
11 | residential units are to be removed, then the
housing | ||||||
12 | impact study shall identify (i) the number and location of | ||||||
13 | those units
that will or may be removed, (ii) the | ||||||
14 | municipality's plans for relocation
assistance for those | ||||||
15 | residents in the proposed redevelopment project area
whose | ||||||
16 | residences are to be removed, (iii) the availability of | ||||||
17 | replacement
housing for those residents whose residences | ||||||
18 | are to be removed, and shall
identify the type, location, | ||||||
19 | and cost of the housing, and (iv) the type and
extent
of | ||||||
20 | relocation assistance to be provided.
| ||||||
21 | (6) On and after November 1, 1999, the
housing impact | ||||||
22 | study required by paragraph (5) shall be
incorporated in | ||||||
23 | the redevelopment plan for the
redevelopment project area.
| ||||||
24 | (7) On and after November 1, 1999, no
redevelopment | ||||||
25 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
26 | shall residential housing that is
occupied by households of | ||||||
27 | low-income and very low-income
persons in currently | ||||||
28 | existing redevelopment project
areas be removed after | ||||||
29 | November 1, 1999 unless the redevelopment plan provides, | ||||||
30 | with
respect to inhabited housing units that are to be | ||||||
31 | removed for
households of low-income and very low-income | ||||||
32 | persons, affordable
housing and relocation assistance not | ||||||
33 | less than that which would
be provided under the federal | ||||||
34 | Uniform Relocation Assistance and
Real Property |
| |||||||
| |||||||
1 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
2 | that Act, including the eligibility criteria.
Affordable | ||||||
3 | housing may be either existing or newly constructed
| ||||||
4 | housing. For purposes of this paragraph (7), "low-income
| ||||||
5 | households", "very low-income households", and "affordable
| ||||||
6 | housing" have the meanings set forth in the Illinois | ||||||
7 | Affordable
Housing Act.
The municipality shall make a good | ||||||
8 | faith effort to ensure that this affordable
housing is | ||||||
9 | located in or near the redevelopment project area within | ||||||
10 | the
municipality.
| ||||||
11 | (8) On and after November 1, 1999, if,
after the | ||||||
12 | adoption of the redevelopment plan for the
redevelopment | ||||||
13 | project area, any municipality desires to amend its
| ||||||
14 | redevelopment plan
to remove more inhabited residential | ||||||
15 | units than
specified in its original redevelopment plan, | ||||||
16 | that change shall be made in
accordance with the procedures | ||||||
17 | in subsection (c) of Section 11-74.4-5.
| ||||||
18 | (9) For redevelopment project areas designated prior | ||||||
19 | to November 1,
1999, the redevelopment plan may be amended | ||||||
20 | without further joint review board
meeting or hearing, | ||||||
21 | provided that the municipality shall give notice of any
| ||||||
22 | such changes by mail to each affected taxing district and | ||||||
23 | registrant on the
interested party registry, to authorize | ||||||
24 | the municipality to expend tax
increment revenues for | ||||||
25 | redevelopment project costs defined by paragraphs (5)
and | ||||||
26 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
27 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | ||||||
28 | long as the changes do not increase the
total estimated | ||||||
29 | redevelopment project costs set out in the redevelopment | ||||||
30 | plan
by more than 5% after adjustment for inflation from | ||||||
31 | the date the plan was
adopted.
| ||||||
32 | (o) "Redevelopment project" means any public and private | ||||||
33 | development project
in furtherance of the objectives of a | ||||||
34 | redevelopment plan.
On and after November 1, 1999 (the |
| |||||||
| |||||||
1 | effective date of Public Act 91-478), no
redevelopment plan may | ||||||
2 | be approved or amended that includes the development
of vacant | ||||||
3 | land (i) with a golf course and related clubhouse and other
| ||||||
4 | facilities
or (ii) designated by federal, State, county, or | ||||||
5 | municipal government as public
land for outdoor recreational | ||||||
6 | activities or for nature preserves and used for
that purpose | ||||||
7 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
8 | For the purpose of
this subsection, "recreational activities" | ||||||
9 | is limited to mean camping and
hunting.
| ||||||
10 | (p) "Redevelopment project area" means an area designated | ||||||
11 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
12 | 1/2 acres and in
respect to which the municipality has made a | ||||||
13 | finding that there exist
conditions which cause the area to be | ||||||
14 | classified as an industrial park
conservation area or a | ||||||
15 | blighted area or a conservation area, or a
combination of both | ||||||
16 | blighted areas and conservation areas.
| ||||||
17 | (q) "Redevelopment project costs" mean and include the sum | ||||||
18 | total of all
reasonable or necessary costs incurred or | ||||||
19 | estimated to be incurred, and
any such costs incidental to a | ||||||
20 | redevelopment plan and a redevelopment
project. Such costs | ||||||
21 | include, without limitation, the following:
| ||||||
22 | (1) Costs of studies, surveys, development of plans, | ||||||
23 | and
specifications, implementation and administration of | ||||||
24 | the redevelopment
plan including but not limited to staff | ||||||
25 | and professional service costs for
architectural, | ||||||
26 | engineering, legal, financial, planning or other
services, | ||||||
27 | provided however that no charges for professional services | ||||||
28 | may be
based on a percentage of the tax increment | ||||||
29 | collected; except that on and
after November 1, 1999 (the | ||||||
30 | effective date of Public Act 91-478), no
contracts for
| ||||||
31 | professional services, excluding architectural and | ||||||
32 | engineering services, may be
entered into if the terms of | ||||||
33 | the contract extend
beyond a period of 3 years. In | ||||||
34 | addition, "redevelopment project costs" shall
not include |
| |||||||
| |||||||
1 | lobbying expenses.
After consultation with the | ||||||
2 | municipality, each tax
increment consultant or advisor to a | ||||||
3 | municipality that plans to designate or
has designated a | ||||||
4 | redevelopment project area shall inform the municipality | ||||||
5 | in
writing of any contracts that the consultant or advisor | ||||||
6 | has entered into with
entities or individuals that have | ||||||
7 | received, or are receiving, payments financed
by tax
| ||||||
8 | increment revenues produced by the redevelopment project | ||||||
9 | area with respect to
which the consultant or advisor has | ||||||
10 | performed, or will be performing, service
for the
| ||||||
11 | municipality. This requirement shall be satisfied by the | ||||||
12 | consultant or advisor
before the commencement of services | ||||||
13 | for the municipality and thereafter
whenever any other | ||||||
14 | contracts with those individuals or entities are executed | ||||||
15 | by
the consultant or advisor;
| ||||||
16 | (1.5) After July 1, 1999, annual administrative costs | ||||||
17 | shall
not include general overhead or
administrative costs | ||||||
18 | of the municipality
that would still have been incurred by | ||||||
19 | the municipality if the municipality had
not
designated a | ||||||
20 | redevelopment project area or approved a redevelopment | ||||||
21 | plan;
| ||||||
22 | (1.6) The cost of
marketing sites within the | ||||||
23 | redevelopment project area to prospective
businesses, | ||||||
24 | developers, and investors;
| ||||||
25 | (2) Property assembly costs, including but not limited | ||||||
26 | to acquisition
of land and other property, real or | ||||||
27 | personal, or rights or interests therein,
demolition of | ||||||
28 | buildings, site preparation, site improvements that serve | ||||||
29 | as an
engineered barrier addressing ground level or below | ||||||
30 | ground environmental
contamination, including, but not | ||||||
31 | limited to parking lots and other concrete
or asphalt | ||||||
32 | barriers, and the clearing and grading of
land;
| ||||||
33 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
34 | or remodeling of
existing public or private buildings, |
| |||||||
| |||||||
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, | ||||||
27 | including the cost of
"welfare to work" programs | ||||||
28 | implemented by businesses located within the
redevelopment | ||||||
29 | project area;
| ||||||
30 | (6) Financing costs, including but not limited to all | ||||||
31 | necessary and
incidental expenses related to the issuance | ||||||
32 | of obligations and which may
include payment of interest on | ||||||
33 | any obligations issued hereunder including
interest | ||||||
34 | accruing
during the estimated period of construction of any |
| |||||||
| |||||||
1 | redevelopment project
for which such obligations are | ||||||
2 | issued and for not exceeding 36 months
thereafter and | ||||||
3 | including reasonable reserves related thereto;
| ||||||
4 | (7) To the extent the municipality by written agreement | ||||||
5 | accepts and
approves
the same, all or a portion of a taxing | ||||||
6 | district's capital costs resulting
from the redevelopment | ||||||
7 | project necessarily incurred or to be incurred within a
| ||||||
8 | taxing district in
furtherance of the objectives of the | ||||||
9 | redevelopment plan and project.
| ||||||
10 | (7.5) For redevelopment project areas designated (or | ||||||
11 | redevelopment
project areas amended to add or increase the | ||||||
12 | number of
tax-increment-financing assisted housing units) | ||||||
13 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
14 | unit school
district's increased costs attributable to | ||||||
15 | assisted housing units located
within the
redevelopment | ||||||
16 | project area for which the developer or redeveloper | ||||||
17 | receives
financial assistance through an agreement with | ||||||
18 | the municipality or because the
municipality incurs the | ||||||
19 | cost of necessary infrastructure improvements within
the | ||||||
20 | boundaries of the assisted housing sites necessary for the | ||||||
21 | completion of
that housing
as authorized by this Act, and | ||||||
22 | which costs shall be paid by the municipality
from the | ||||||
23 | Special Tax Allocation Fund when the tax increment revenue | ||||||
24 | is received
as a result of the assisted housing units and | ||||||
25 | shall be calculated annually as
follows:
| ||||||
26 | (A) for foundation districts, excluding any school | ||||||
27 | district in a
municipality with a population in excess | ||||||
28 | of 1,000,000, by multiplying the
district's increase | ||||||
29 | in attendance resulting from the net increase in new
| ||||||
30 | students enrolled in that school district who reside in | ||||||
31 | housing units within
the redevelopment project area | ||||||
32 | that have received financial assistance through
an | ||||||
33 | agreement with the municipality or because the | ||||||
34 | municipality incurs the cost
of necessary |
| |||||||
| |||||||
1 | infrastructure improvements within the boundaries of | ||||||
2 | the housing
sites necessary for the completion of that | ||||||
3 | housing as authorized by this Act
since the designation | ||||||
4 | of the redevelopment project area by the most recently
| ||||||
5 | available per capita tuition cost as defined in Section | ||||||
6 | 10-20.12a of the School
Code less any increase in | ||||||
7 | general State aid as defined in Section 18-8.05 of
the | ||||||
8 | School Code attributable to these added new students | ||||||
9 | subject to the
following annual limitations:
| ||||||
10 | (i) for unit school districts with a district | ||||||
11 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
12 | than $5,900, no more than 25% of the total amount | ||||||
13 | of
property tax increment revenue produced by | ||||||
14 | those housing units that have
received tax | ||||||
15 | increment finance assistance under this Act;
| ||||||
16 | (ii) for elementary school districts with a | ||||||
17 | district average 1995-96
Per
Capita Tuition Charge | ||||||
18 | of less than $5,900, no more than 17% 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; and
| ||||||
22 | (iii) for secondary school districts with a | ||||||
23 | district average 1995-96
Per
Capita Tuition Charge | ||||||
24 | of less than $5,900, no more than 8% of the total | ||||||
25 | amount
of property tax increment revenue produced | ||||||
26 | by those housing units that have
received tax | ||||||
27 | increment finance assistance under this Act.
| ||||||
28 | (B) For alternate method districts, flat grant | ||||||
29 | districts, and foundation
districts with a district | ||||||
30 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
31 | more than $5,900, excluding any school district with a | ||||||
32 | population in excess of
1,000,000, by multiplying the | ||||||
33 | district's increase in attendance
resulting
from the | ||||||
34 | net increase in new students enrolled in that school |
| |||||||
| |||||||
1 | district who
reside in
housing units within the | ||||||
2 | redevelopment project area that have received
| ||||||
3 | financial assistance through an agreement with the | ||||||
4 | municipality or because the
municipality incurs the | ||||||
5 | cost of necessary infrastructure improvements within
| ||||||
6 | the boundaries of the housing sites necessary for the | ||||||
7 | completion of that
housing as authorized by this Act | ||||||
8 | since the designation of the redevelopment
project | ||||||
9 | area by the most recently available per capita tuition | ||||||
10 | cost as defined
in Section 10-20.12a of the School Code | ||||||
11 | less any increase in general state aid
as defined in | ||||||
12 | Section 18-8.05 of the School Code attributable to | ||||||
13 | these added
new students subject to the following | ||||||
14 | annual limitations:
| ||||||
15 | (i) for unit school districts, no more than 40% | ||||||
16 | of the total amount of
property tax increment | ||||||
17 | revenue produced by those housing units that have
| ||||||
18 | received tax increment finance assistance under | ||||||
19 | this Act;
| ||||||
20 | (ii) for elementary school districts, no more | ||||||
21 | than 27% of the total
amount
of property tax | ||||||
22 | increment revenue produced by those housing units | ||||||
23 | that have
received tax increment finance | ||||||
24 | assistance under this Act; and
| ||||||
25 | (iii) for secondary school districts, no more | ||||||
26 | than 13% of the total
amount
of property tax | ||||||
27 | increment revenue produced by those housing units | ||||||
28 | that have
received tax increment finance | ||||||
29 | assistance under this Act.
| ||||||
30 | (C) For any school district in a municipality with | ||||||
31 | a population in
excess of
1,000,000, the following | ||||||
32 | restrictions shall apply to the
reimbursement of | ||||||
33 | increased costs under this paragraph (7.5):
| ||||||
34 | (i) no increased costs shall be reimbursed |
| |||||||
| |||||||
1 | unless the school district
certifies that each of | ||||||
2 | the schools affected by the assisted housing | ||||||
3 | project
is at or over its student capacity;
| ||||||
4 | (ii) the amount reimbursable shall be reduced | ||||||
5 | by the value of any
land
donated to the school | ||||||
6 | district by the municipality or developer, and by | ||||||
7 | the
value of any physical improvements made to the | ||||||
8 | schools by the
municipality or developer; and
| ||||||
9 | (iii) the amount reimbursed may not affect | ||||||
10 | amounts otherwise obligated
by
the terms of any | ||||||
11 | bonds, notes, or other funding instruments, or the | ||||||
12 | terms of
any redevelopment agreement.
| ||||||
13 | Any school district seeking payment under this | ||||||
14 | paragraph (7.5) shall,
after July 1 and before | ||||||
15 | September 30 of each year,
provide the municipality | ||||||
16 | with reasonable evidence to support its claim for
| ||||||
17 | reimbursement before the municipality shall be | ||||||
18 | required to approve or make
the payment to the school | ||||||
19 | district. If the school district fails to provide
the | ||||||
20 | information during this period in any year, it shall | ||||||
21 | forfeit any claim to
reimbursement for that year. | ||||||
22 | School districts may adopt a resolution
waiving the | ||||||
23 | right to all or a portion of the reimbursement | ||||||
24 | otherwise required
by this paragraph
(7.5). By | ||||||
25 | acceptance of this reimbursement the school
district | ||||||
26 | waives the right to directly or indirectly set aside, | ||||||
27 | modify, or
contest in any manner the establishment of | ||||||
28 | the redevelopment project area or
projects;
| ||||||
29 | (7.7) For redevelopment project areas designated (or | ||||||
30 | redevelopment
project areas amended to add or increase the | ||||||
31 | number of
tax-increment-financing assisted housing units) | ||||||
32 | on or after
January 1, 2005 (the effective date of Public | ||||||
33 | Act 93-961),
a public library
district's increased costs | ||||||
34 | attributable to assisted housing units located
within the
|
| |||||||
| |||||||
1 | redevelopment project area for which the developer or | ||||||
2 | redeveloper receives
financial assistance through an | ||||||
3 | agreement with the municipality or because the
| ||||||
4 | municipality incurs the cost of necessary infrastructure | ||||||
5 | improvements within
the boundaries of the assisted housing | ||||||
6 | sites necessary for the completion of
that housing
as | ||||||
7 | authorized by this Act shall be paid to the library | ||||||
8 | district by the
municipality
from the Special Tax | ||||||
9 | Allocation Fund when the tax increment revenue is received
| ||||||
10 | as a result of the assisted housing units. This paragraph | ||||||
11 | (7.7) applies only if (i) the library district is located | ||||||
12 | in a county that is subject to the Property Tax Extension | ||||||
13 | Limitation Law or (ii) the library district is not located | ||||||
14 | in a county that is subject to the Property Tax Extension | ||||||
15 | Limitation Law but the district is prohibited by any other | ||||||
16 | law from increasing its tax levy rate without a prior voter | ||||||
17 | referendum.
| ||||||
18 | The amount paid to a library district under this | ||||||
19 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
20 | net increase in the number of persons eligible to obtain
a
| ||||||
21 | library card
in that district who reside in housing units | ||||||
22 | within
the redevelopment project area that have received | ||||||
23 | financial assistance through
an agreement with the | ||||||
24 | municipality or because the municipality incurs the cost
of | ||||||
25 | necessary infrastructure improvements within the | ||||||
26 | boundaries of the housing
sites necessary for the | ||||||
27 | completion of that housing as authorized by this Act
since | ||||||
28 | the designation of the redevelopment project area by (ii)
| ||||||
29 | the per-patron cost of providing library services so long | ||||||
30 | as it does not exceed $120.
The per-patron cost shall be | ||||||
31 | the Total Operating Expenditures Per Capita as stated in | ||||||
32 | the most recent Illinois Public Library Statistics | ||||||
33 | produced by the Library Research Center at the University | ||||||
34 | of Illinois.
The municipality may deduct from the amount |
| |||||||
| |||||||
1 | 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 | ||||||
27 | redevelopment project area or
projects;
| ||||||
28 | (8) Relocation costs to the extent that a municipality | ||||||
29 | determines that
relocation costs shall be paid or is | ||||||
30 | required to make payment of relocation
costs by federal or | ||||||
31 | State law or in order to satisfy subparagraph (7) of
| ||||||
32 | subsection (n);
| ||||||
33 | (9) Payment in lieu of taxes;
| ||||||
34 | (10) Costs of job training, retraining, advanced |
| |||||||
| |||||||
1 | vocational education
or career
education, including but | ||||||
2 | not limited to courses in occupational,
semi-technical or | ||||||
3 | technical fields leading directly to employment, incurred
| ||||||
4 | by one or more taxing districts, provided that such costs | ||||||
5 | (i) are related
to the establishment and maintenance of | ||||||
6 | additional job training, advanced
vocational education or | ||||||
7 | career education programs for persons employed or
to be | ||||||
8 | employed by employers located in a redevelopment project | ||||||
9 | area; and
(ii) when incurred by a taxing district or taxing | ||||||
10 | districts other than the
municipality, are set forth in a | ||||||
11 | written agreement by or among the
municipality and the | ||||||
12 | taxing district or taxing districts, which agreement
| ||||||
13 | describes the program to be undertaken, including but not | ||||||
14 | limited to the
number of employees to be trained, a | ||||||
15 | description of the training and
services to be provided, | ||||||
16 | the number and type of positions available or to
be | ||||||
17 | available, itemized costs of the program and sources of | ||||||
18 | funds to pay for the
same, and the term of the agreement. | ||||||
19 | Such costs include, specifically, the
payment by community | ||||||
20 | college districts of costs pursuant to Sections 3-37,
3-38, | ||||||
21 | 3-40 and 3-40.1 of the Public Community College Act and by | ||||||
22 | school
districts of costs pursuant to Sections 10-22.20a | ||||||
23 | and 10-23.3a of The School
Code;
| ||||||
24 | (11) Interest cost incurred by a redeveloper related to | ||||||
25 | the
construction, renovation or rehabilitation of a | ||||||
26 | redevelopment project
provided that:
| ||||||
27 | (A) such costs are to be paid directly from the | ||||||
28 | special tax
allocation fund established pursuant to | ||||||
29 | this Act;
| ||||||
30 | (B) such payments in any one year may not exceed | ||||||
31 | 30% of the annual
interest costs incurred by the | ||||||
32 | redeveloper with regard to the redevelopment
project | ||||||
33 | during that year;
| ||||||
34 | (C) if there are not sufficient funds available in |
| |||||||
| |||||||
1 | the special tax
allocation fund to make the payment | ||||||
2 | pursuant to this paragraph (11) then
the amounts so due | ||||||
3 | shall accrue and be payable when sufficient funds are
| ||||||
4 | available in the special tax allocation fund;
| ||||||
5 | (D) the total of such interest payments paid | ||||||
6 | pursuant to this Act
may not exceed 30% of the total | ||||||
7 | (i) cost paid or incurred by the
redeveloper for the | ||||||
8 | redevelopment project plus (ii) redevelopment project
| ||||||
9 | costs excluding any property assembly costs and any | ||||||
10 | relocation costs
incurred by a municipality pursuant | ||||||
11 | to this Act; and
| ||||||
12 | (E) the cost limits set forth in subparagraphs (B) | ||||||
13 | and (D) of
paragraph (11) shall be modified for the | ||||||
14 | financing of rehabilitated or
new housing units for | ||||||
15 | low-income households and very low-income households, | ||||||
16 | as
defined in
Section 3 of the Illinois Affordable | ||||||
17 | Housing Act. The percentage of
75% shall be substituted | ||||||
18 | for 30% in subparagraphs (B) and (D) of
paragraph (11).
| ||||||
19 | (F) Instead of the eligible costs provided by | ||||||
20 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
21 | modified by this subparagraph, and notwithstanding
any | ||||||
22 | other provisions of this Act to the contrary, the | ||||||
23 | municipality may
pay from tax increment revenues up to | ||||||
24 | 50% of the cost of construction
of new housing units to | ||||||
25 | be occupied by low-income households and very
| ||||||
26 | low-income
households as defined in Section 3 of the | ||||||
27 | Illinois Affordable Housing
Act. The cost of | ||||||
28 | construction of those units may be derived from the
| ||||||
29 | proceeds of bonds issued by the municipality under this | ||||||
30 | Act or
other constitutional or statutory authority or | ||||||
31 | from other sources of
municipal revenue that may be | ||||||
32 | reimbursed from tax increment
revenues or the proceeds | ||||||
33 | of bonds issued to finance the construction
of that | ||||||
34 | housing.
|
| |||||||
| |||||||
1 | The eligible costs provided under this | ||||||
2 | subparagraph (F) of paragraph (11)
shall
be
an eligible | ||||||
3 | cost for the construction, renovation, and | ||||||
4 | rehabilitation of all
low and very low-income housing | ||||||
5 | units, as defined in Section 3 of the Illinois
| ||||||
6 | Affordable Housing Act, within the redevelopment | ||||||
7 | project area. If the low and
very
low-income units are | ||||||
8 | part of a residential redevelopment project that | ||||||
9 | includes
units not affordable to low and very | ||||||
10 | low-income households, only the low and
very | ||||||
11 | low-income units shall be eligible for benefits under | ||||||
12 | subparagraph (F) of
paragraph (11).
The standards for | ||||||
13 | maintaining the occupancy
by low-income households and | ||||||
14 | very low-income households,
as
defined in Section 3 of | ||||||
15 | the Illinois Affordable Housing Act,
of those units | ||||||
16 | constructed with eligible costs made available under | ||||||
17 | the
provisions of
this subparagraph (F) of paragraph | ||||||
18 | (11)
shall be
established by guidelines adopted by the | ||||||
19 | municipality. The
responsibility for annually | ||||||
20 | documenting the initial occupancy of
the units by | ||||||
21 | low-income households and very low-income households, | ||||||
22 | as defined
in
Section 3
of the Illinois Affordable | ||||||
23 | Housing Act, shall be that of the then current
owner of | ||||||
24 | the property.
For ownership units, the guidelines will | ||||||
25 | provide, at a minimum, for a
reasonable recapture of | ||||||
26 | funds, or other appropriate methods designed to
| ||||||
27 | preserve the original affordability of the ownership | ||||||
28 | units. For rental units,
the guidelines will provide, | ||||||
29 | at a minimum, for the affordability of rent to low
and | ||||||
30 | very low-income households. As units become available, | ||||||
31 | they shall be
rented to income-eligible tenants.
The | ||||||
32 | municipality may modify these
guidelines from time to | ||||||
33 | time; the guidelines, however, shall be in effect
for | ||||||
34 | as long as tax increment revenue is being used to pay |
| |||||||
| |||||||
1 | for costs
associated with the units or for the | ||||||
2 | retirement of bonds issued to finance
the units or for | ||||||
3 | the life of the redevelopment project area, whichever | ||||||
4 | is
later.
| ||||||
5 | (11.5) If the redevelopment project area is located | ||||||
6 | within a municipality
with a population of more than | ||||||
7 | 100,000, the cost of day care services for
children of | ||||||
8 | employees from
low-income
families working for businesses | ||||||
9 | located within the redevelopment project area
and all or a
| ||||||
10 | portion of the cost of operation of day care centers | ||||||
11 | established by
redevelopment project
area businesses to | ||||||
12 | serve employees from low-income families working in
| ||||||
13 | businesses
located in the redevelopment project area. For | ||||||
14 | the purposes of this paragraph,
"low-income families" | ||||||
15 | means families whose annual income does not exceed 80% of
| ||||||
16 | the
municipal, county, or regional median income, adjusted | ||||||
17 | for family size, as the
annual
income and municipal, | ||||||
18 | county, or regional median income are determined from
time | ||||||
19 | to
time by the United States Department of Housing and | ||||||
20 | Urban Development.
| ||||||
21 | (12) Unless explicitly stated herein the cost of | ||||||
22 | construction of new
privately-owned buildings shall not be | ||||||
23 | an eligible redevelopment project cost.
| ||||||
24 | (13) After November 1, 1999 (the effective date of | ||||||
25 | Public Act
91-478), none of
the
redevelopment project costs | ||||||
26 | enumerated in this subsection shall be eligible
| ||||||
27 | redevelopment project costs if those costs would provide | ||||||
28 | direct financial
support to a
retail entity initiating | ||||||
29 | operations in the
redevelopment project area while
| ||||||
30 | terminating operations at another Illinois location within | ||||||
31 | 10 miles of the
redevelopment project area but outside the | ||||||
32 | boundaries of the redevelopment
project area municipality. | ||||||
33 | For
purposes of this paragraph, termination means a
closing | ||||||
34 | of a retail operation that is directly related to the |
| |||||||
| |||||||
1 | opening of the
same operation or like retail entity owned | ||||||
2 | or operated by more than 50% of the
original ownership in a | ||||||
3 | redevelopment project area, but
it does not mean
closing an | ||||||
4 | operation for reasons beyond the control of the
retail | ||||||
5 | entity, as
documented by the retail entity, subject to a | ||||||
6 | reasonable finding by the
municipality that the current | ||||||
7 | location contained inadequate space, had become
| ||||||
8 | economically obsolete, or was no longer a viable location | ||||||
9 | for the retailer or
serviceman.
| ||||||
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 | ||||||
27 | the Public Utilities Act,
on transactions at places of business | ||||||
28 | located within a State Sales Tax
Boundary pursuant to the | ||||||
29 | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | ||||||
30 | Tax Act, and the Service Occupation Tax Act, except such
| ||||||
31 | portion of such increase that is paid into the State and Local | ||||||
32 | Sales Tax
Reform Fund, the Local Government Distributive Fund, | ||||||
33 | the Local
Government Tax Fund and the County and Mass Transit | ||||||
34 | District Fund, for as
long as State participation exists, over |
| |||||||
| |||||||
1 | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | ||||||
2 | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | ||||||
3 | taxes as certified by the Department of Revenue and
paid under | ||||||
4 | those Acts by retailers and servicemen on transactions at | ||||||
5 | places
of business located within the State Sales Tax Boundary | ||||||
6 | during the base
year which shall be the calendar year | ||||||
7 | immediately prior to the year in
which the municipality adopted | ||||||
8 | tax increment allocation financing, less
3.0% of such amounts | ||||||
9 | generated under the Retailers' Occupation Tax Act, Use
Tax Act | ||||||
10 | and Service Use Tax Act and the Service Occupation Tax Act, | ||||||
11 | which
sum shall be appropriated to the Department of Revenue to | ||||||
12 | cover its costs
of administering and enforcing this Section. | ||||||
13 | For purposes of computing the
aggregate amount of such taxes | ||||||
14 | for base years occurring prior to 1985, the
Department of | ||||||
15 | Revenue shall compute the Initial Sales Tax Amount for such
| ||||||
16 | taxes and deduct therefrom an amount equal to 4% of the | ||||||
17 | aggregate amount of
taxes per year for each year the base year | ||||||
18 | is prior to 1985, but not to
exceed a total deduction of 12%. | ||||||
19 | The amount so determined shall be known
as the "Adjusted | ||||||
20 | Initial Sales Tax Amount". For purposes of determining the
| ||||||
21 | State Sales Tax Increment the Department of Revenue shall for | ||||||
22 | each period
subtract from the tax amounts received from | ||||||
23 | retailers and servicemen on
transactions located in the State | ||||||
24 | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | ||||||
25 | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | ||||||
26 | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| ||||||
27 | the Service Use Tax Act and the Service Occupation Tax Act. For | ||||||
28 | the State
Fiscal Year 1989 this calculation shall be made by | ||||||
29 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
30 | received. For the State Fiscal Year
1990, this calculation | ||||||
31 | shall be made by utilizing the period from January
1, 1988, | ||||||
32 | until September 30, 1988, to determine the tax amounts received
| ||||||
33 | from retailers and servicemen, which shall have deducted | ||||||
34 | therefrom
nine-twelfths of the certified Initial Sales Tax |
| |||||||
| |||||||
1 | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | ||||||
2 | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | ||||||
3 | Year 1991, this calculation shall be made by utilizing
the | ||||||
4 | period from October 1, 1988, until June 30, 1989, to determine | ||||||
5 | the tax
amounts received from retailers and servicemen, which | ||||||
6 | shall have
deducted therefrom nine-twelfths of the certified | ||||||
7 | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | ||||||
8 | Amounts or the Revised Initial Sales
Tax Amounts as | ||||||
9 | appropriate. For every State Fiscal Year thereafter, the
| ||||||
10 | applicable period shall be the 12 months beginning July 1 and | ||||||
11 | ending on
June 30, to determine the tax amounts received which | ||||||
12 | shall have deducted
therefrom the certified Initial Sales Tax | ||||||
13 | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | ||||||
14 | Initial Sales Tax Amounts. Municipalities
intending to receive | ||||||
15 | a distribution of State Sales Tax Increment must
report a list | ||||||
16 | of retailers to the Department of Revenue by October 31, 1988
| ||||||
17 | and by July 31, of each year thereafter.
| ||||||
18 | (t) "Taxing districts" means counties, townships, cities | ||||||
19 | and incorporated
towns and villages, school, road, park, | ||||||
20 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
21 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
22 | and any other municipal corporations or districts with the | ||||||
23 | power
to levy taxes.
| ||||||
24 | (u) "Taxing districts' capital costs" means those costs of | ||||||
25 | taxing districts
for capital improvements that are found by the | ||||||
26 | municipal corporate authorities
to be necessary and directly | ||||||
27 | result from the redevelopment project.
| ||||||
28 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
29 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
30 | of real property without
industrial, commercial, and | ||||||
31 | residential buildings which has not been used
for commercial | ||||||
32 | agricultural purposes within 5 years prior to the
designation | ||||||
33 | of the redevelopment project area, unless the parcel
is | ||||||
34 | included in an industrial park conservation area or the parcel |
| |||||||
| |||||||
1 | has
been subdivided; provided that if the parcel was part of a | ||||||
2 | larger tract that
has been divided into 3 or more smaller | ||||||
3 | tracts that were accepted for
recording during the period from | ||||||
4 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
5 | subdivided, and all proceedings and actions of the municipality
| ||||||
6 | taken in that connection with respect to any previously | ||||||
7 | approved or designated
redevelopment project area or amended | ||||||
8 | redevelopment project area are hereby
validated and hereby | ||||||
9 | declared to be legally sufficient for all purposes of this
Act.
| ||||||
10 | For purposes of this Section and only for land subject to
the | ||||||
11 | subdivision requirements of the Plat Act, land is subdivided | ||||||
12 | when the
original plat of
the proposed Redevelopment Project | ||||||
13 | Area or relevant portion thereof has
been
properly certified, | ||||||
14 | acknowledged, approved, and recorded or filed in accordance
| ||||||
15 | with the Plat Act and a preliminary plat, if any, for any | ||||||
16 | subsequent phases of
the
proposed Redevelopment Project Area or | ||||||
17 | relevant portion thereof has been
properly approved and filed | ||||||
18 | in accordance with the applicable ordinance of the
| ||||||
19 | municipality.
| ||||||
20 | (w) "Annual Total Increment" means the sum of each | ||||||
21 | municipality's
annual Net Sales Tax Increment and each | ||||||
22 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
23 | the Annual Total Increment of each
municipality to the Annual | ||||||
24 | Total Increment for all municipalities, as most
recently | ||||||
25 | calculated by the Department, shall determine the proportional
| ||||||
26 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
27 | each
municipality.
| ||||||
28 | (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05; | ||||||
29 | 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-961, eff. | ||||||
30 | 1-1-05; 93-983, eff. 8-23-04; 93-984, eff. 8-23-04; 93-985, | ||||||
31 | eff. 8-23-04; 93-986, eff. 8-23-04; 93-987, eff. 8-23-04; | ||||||
32 | 93-995, eff. 8-23-04; 93-1024, eff. 8-25-04; 93-1076, eff. | ||||||
33 | 1-18-05; 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; 94-297, | ||||||
34 | eff. 7-21-05; 94-302, eff. 7-21-05; revised 8-10-05.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
| ||||||
2 | Sec. 11-74.4-7. Obligations secured by the special tax | ||||||
3 | allocation fund
set forth in Section 11-74.4-8 for the | ||||||
4 | redevelopment project area may be
issued to provide for | ||||||
5 | redevelopment project costs. Such obligations, when
so issued, | ||||||
6 | shall be retired in the manner provided in the ordinance
| ||||||
7 | authorizing the issuance of such obligations by the receipts of | ||||||
8 | taxes
levied as specified in Section 11-74.4-9 against the | ||||||
9 | taxable property
included in the area, by revenues as specified | ||||||
10 | by Section 11-74.4-8a and
other revenue designated by the | ||||||
11 | municipality. A municipality may in the
ordinance pledge all or | ||||||
12 | any part of the funds in and to be deposited in the
special tax | ||||||
13 | allocation fund created pursuant to Section 11-74.4-8 to the
| ||||||
14 | payment of the redevelopment project costs and obligations. Any | ||||||
15 | pledge of
funds in the special tax allocation fund shall | ||||||
16 | provide for distribution to
the taxing districts and to the | ||||||
17 | Illinois Department of Revenue of moneys
not required, pledged, | ||||||
18 | earmarked, or otherwise designated for payment and
securing of | ||||||
19 | the obligations and anticipated redevelopment project costs | ||||||
20 | and
such excess funds shall be calculated annually and deemed | ||||||
21 | to be "surplus"
funds. In the event a municipality only applies | ||||||
22 | or pledges a portion of the
funds in the special tax allocation | ||||||
23 | fund for the payment or securing of
anticipated redevelopment | ||||||
24 | project costs or of obligations, any such funds
remaining in | ||||||
25 | the special tax allocation fund after complying with the
| ||||||
26 | requirements of the application or pledge, shall also be | ||||||
27 | calculated annually
and deemed "surplus" funds. All surplus | ||||||
28 | funds in the special tax allocation
fund shall be distributed | ||||||
29 | annually within 180 days after the close of the
municipality's | ||||||
30 | fiscal year by being paid by the
municipal treasurer to the | ||||||
31 | County Collector, to the Department of Revenue
and to the | ||||||
32 | municipality in direct proportion to the tax incremental | ||||||
33 | revenue
received as a result of an increase in the equalized |
| |||||||
| |||||||
1 | assessed value of
property in the redevelopment project area, | ||||||
2 | tax incremental revenue
received from the State and tax | ||||||
3 | incremental revenue received from the
municipality, but not to | ||||||
4 | exceed as to each such source the total
incremental revenue | ||||||
5 | received from that source. The County Collector shall
| ||||||
6 | thereafter make distribution to the respective taxing | ||||||
7 | districts in the same
manner and proportion as the most recent | ||||||
8 | distribution by the county
collector to the affected districts | ||||||
9 | of real property taxes from real
property in the redevelopment | ||||||
10 | project area.
| ||||||
11 | Without limiting the foregoing in this Section, the | ||||||
12 | municipality may in
addition to obligations secured by the | ||||||
13 | special tax allocation fund pledge
for a period not greater | ||||||
14 | than the term of the obligations towards payment
of such | ||||||
15 | obligations any part or any combination of the following: (a) | ||||||
16 | net
revenues of all or part of any redevelopment project; (b) | ||||||
17 | taxes levied and
collected on any or all property in the | ||||||
18 | municipality; (c) the full faith
and credit of the | ||||||
19 | municipality; (d) a mortgage on part or all of the
| ||||||
20 | redevelopment project; or (e) any other taxes or anticipated | ||||||
21 | receipts that
the municipality may lawfully pledge.
| ||||||
22 | Such obligations may be issued in one or more series | ||||||
23 | bearing interest at
such rate or rates as the corporate | ||||||
24 | authorities of the municipality shall
determine by ordinance. | ||||||
25 | Such obligations shall bear such date or dates,
mature at such | ||||||
26 | time or times not exceeding 20 years from their respective
| ||||||
27 | dates, be in such denomination, carry such registration | ||||||
28 | privileges, be executed
in such manner, be payable in such | ||||||
29 | medium of payment at such place or places,
contain such | ||||||
30 | covenants, terms and conditions, and be subject to redemption
| ||||||
31 | as such ordinance shall provide. Obligations issued pursuant to | ||||||
32 | this Act
may be sold at public or private sale at such price as | ||||||
33 | shall be determined
by the corporate authorities of the | ||||||
34 | municipalities. No referendum approval
of the electors shall be |
| |||||||
| |||||||
1 | required as a condition to the issuance of obligations
pursuant | ||||||
2 | to this Division except as provided in this Section.
| ||||||
3 | In the event the municipality authorizes issuance of | ||||||
4 | obligations pursuant
to the authority of this Division secured | ||||||
5 | by the full faith and credit of
the municipality, which | ||||||
6 | obligations are other than obligations which may
be issued | ||||||
7 | under home rule powers provided by Article VII, Section 6 of | ||||||
8 | the
Illinois Constitution, or pledges taxes pursuant to (b) or | ||||||
9 | (c) of the second
paragraph of this section, the ordinance | ||||||
10 | authorizing the issuance of such
obligations or pledging such | ||||||
11 | taxes shall be published within 10 days after
such ordinance | ||||||
12 | has been passed in one or more newspapers, with general
| ||||||
13 | circulation within such municipality. The publication of the | ||||||
14 | ordinance
shall be accompanied by a notice of (1) the specific | ||||||
15 | number of voters
required to sign a petition requesting the | ||||||
16 | question of the issuance of such
obligations or pledging taxes | ||||||
17 | to be submitted to the electors; (2) the time
in which such | ||||||
18 | petition must be filed; and (3) the date of the prospective
| ||||||
19 | referendum. The municipal clerk shall provide a petition form | ||||||
20 | to any
individual requesting one.
| ||||||
21 | If no petition is filed with the municipal clerk, as | ||||||
22 | hereinafter provided
in this Section, within 30 days after the | ||||||
23 | publication of the ordinance,
the ordinance shall be in effect. | ||||||
24 | But, if within that 30 day period a petition
is filed with the | ||||||
25 | municipal clerk, signed by electors in the
municipality | ||||||
26 | numbering 10% or more of the number of registered voters in the
| ||||||
27 | municipality, asking that the question of issuing
obligations | ||||||
28 | using full faith and credit of the municipality as security
for | ||||||
29 | the cost of paying for redevelopment project costs, or of | ||||||
30 | pledging taxes
for the payment of such obligations, or both, be | ||||||
31 | submitted to the electors
of the municipality, the corporate | ||||||
32 | authorities of the municipality shall
call a special election | ||||||
33 | in the manner provided by law to vote upon that
question, or, | ||||||
34 | if a general, State or municipal election is to be held within
|
| |||||||
| |||||||
1 | a period of not less than 30 or more than 90 days from the date | ||||||
2 | such petition
is filed, shall submit the question at the next | ||||||
3 | general, State or municipal
election. If it appears upon the | ||||||
4 | canvass of the election by the corporate
authorities that a | ||||||
5 | majority of electors voting upon the question voted in
favor | ||||||
6 | thereof, the ordinance shall be in effect, but if a majority of | ||||||
7 | the
electors voting upon the question are not in favor thereof, | ||||||
8 | the ordinance
shall not take effect.
| ||||||
9 | The ordinance authorizing the obligations may provide that | ||||||
10 | the obligations
shall contain a recital that they are issued | ||||||
11 | pursuant to this Division,
which recital shall be conclusive | ||||||
12 | evidence of their validity and of the
regularity of their | ||||||
13 | issuance.
| ||||||
14 | In the event the municipality authorizes issuance of | ||||||
15 | obligations pursuant
to this Section secured by the full faith | ||||||
16 | and credit of the municipality,
the ordinance authorizing the | ||||||
17 | obligations may provide for the levy and
collection of a direct | ||||||
18 | annual tax upon all taxable property within the
municipality | ||||||
19 | sufficient to pay the principal thereof and interest thereon
as | ||||||
20 | it matures, which levy may be in addition to and exclusive of | ||||||
21 | the
maximum of all other taxes authorized to be levied by the | ||||||
22 | municipality,
which levy, however, shall be abated to the | ||||||
23 | extent that monies from other
sources are available for payment | ||||||
24 | of the obligations and the municipality
certifies the amount of | ||||||
25 | said monies available to the county clerk.
| ||||||
26 | A certified copy of such ordinance shall be filed with the | ||||||
27 | county clerk
of each county in which any portion of the | ||||||
28 | municipality is situated, and
shall constitute the authority | ||||||
29 | for the extension and collection of the taxes
to be deposited | ||||||
30 | in the special tax allocation fund.
| ||||||
31 | A municipality may also issue its obligations to refund in | ||||||
32 | whole or in
part, obligations theretofore issued by such | ||||||
33 | municipality under the authority
of this Act, whether at or | ||||||
34 | prior to maturity, provided however, that the
last maturity of |
| |||||||
| |||||||
1 | the refunding obligations shall not be expressed to mature
| ||||||
2 | later than December 31 of the year in which the payment to the | ||||||
3 | municipal
treasurer as provided in subsection (b) of Section | ||||||
4 | 11-74.4-8 of this Act
is to be made with respect to ad valorem | ||||||
5 | taxes levied in the twenty-third
calendar year after the year | ||||||
6 | in which the ordinance approving the redevelopment
project area | ||||||
7 | is adopted if the ordinance was adopted on or after January 15,
| ||||||
8 | 1981, not later than December 31 of the year in which the | ||||||
9 | payment to the municipal
treasurer as provided in subsection | ||||||
10 | (b) of Section 11-74.4-8 of this Act is to
be made with respect | ||||||
11 | to ad valorem taxes levied in the thirty-third calendar
year | ||||||
12 | after the year in which the ordinance approving the
| ||||||
13 | redevelopment project area if the ordinance was adopted on May | ||||||
14 | 20, 1985 by the Village of Wheeling, and not
later than | ||||||
15 | December 31 of the year in which the payment to the municipal
| ||||||
16 | treasurer as provided in subsection (b) of Section 11-74.4-8 of | ||||||
17 | this Act
is to be made with respect to ad valorem taxes levied | ||||||
18 | in the thirty-fifth
calendar year after the year in which the | ||||||
19 | ordinance approving the redevelopment
project area is adopted
| ||||||
20 | (A) if the ordinance was adopted before January 15, 1981, or
| ||||||
21 | (B) if the ordinance was adopted in December 1983, April 1984, | ||||||
22 | July 1985,
or December 1989, or
(C) if the ordinance was | ||||||
23 | adopted in December, 1987 and the redevelopment
project is | ||||||
24 | located within one mile of Midway Airport, or
(D) if the | ||||||
25 | ordinance was adopted before January 1, 1987 by a municipality | ||||||
26 | in
Mason County, or
(E) if the municipality is subject to the | ||||||
27 | Local Government Financial Planning
and Supervision Act or the | ||||||
28 | Financially Distressed City Law, or
(F) if the ordinance was | ||||||
29 | adopted in December 1984 by the Village of Rosemont,
or
(G) if | ||||||
30 | the ordinance was adopted on December 31, 1986 by a | ||||||
31 | municipality
located in Clinton County for which at least | ||||||
32 | $250,000 of tax increment
bonds were authorized on June 17, | ||||||
33 | 1997, or if the ordinance was adopted on
December 31, 1986 by a | ||||||
34 | municipality with a population in 1990 of less than
3,600 that |
| |||||||
| |||||||
1 | is located in a county with a population in 1990 of less than
| ||||||
2 | 34,000 and for which at least $250,000 of tax increment bonds | ||||||
3 | were authorized
on June 17, 1997, or
(H) if the ordinance was | ||||||
4 | adopted on October 5, 1982 by the City of Kankakee, or
(I) if | ||||||
5 | the ordinance was adopted on December 29, 1986 by East St. | ||||||
6 | Louis, or if
the ordinance was adopted on November 12, 1991 by | ||||||
7 | the Village of Sauget, or
(J) if the ordinance was
adopted on | ||||||
8 | February 11, 1985 by the City of Rock Island, or
(K) if the | ||||||
9 | ordinance was adopted before December 18, 1986 by the City of
| ||||||
10 | Moline, or
(L) if the ordinance was adopted in September 1988 | ||||||
11 | by Sauk Village, or
(M) if the ordinance was adopted in October | ||||||
12 | 1993 by Sauk Village, or
(N) if the ordinance was adopted on | ||||||
13 | December 29, 1986 by the City of Galva, or
(O) if the ordinance | ||||||
14 | was adopted in March 1991 by the City of Centreville, or
(P) if | ||||||
15 | the ordinance was adopted on January 23, 1991
by the City of | ||||||
16 | East St. Louis, or
(Q) if the ordinance was adopted on December | ||||||
17 | 22, 1986 by the City of Aledo, or
(R) if the ordinance was | ||||||
18 | adopted on February 5, 1990 by the City of Clinton, or
(S) if | ||||||
19 | the ordinance was adopted on September 6, 1994 by the City of | ||||||
20 | Freeport,
or
(T) if the ordinance was adopted on December 22, | ||||||
21 | 1986 by the City of Tuscola,
or
(U) if the ordinance was | ||||||
22 | adopted on December 23, 1986 by the City of Sparta, or
(V) if | ||||||
23 | the ordinance was adopted on December 23, 1986 by the City of
| ||||||
24 | Beardstown, or
(W) if the ordinance was adopted on April 27, | ||||||
25 | 1981, October 21, 1985, or
December 30, 1986 by the City of | ||||||
26 | Belleville, or
(X) if the ordinance was adopted on December 29, | ||||||
27 | 1986 by the City of
Collinsville, or (Y) if the ordinance was | ||||||
28 | adopted on September 14, 1994 by the
City of Alton, or (Z) if | ||||||
29 | the ordinance was adopted on November 11, 1996 by the
City of | ||||||
30 | Lexington, or (AA) if the ordinance was adopted on November 5, | ||||||
31 | 1984 by
the City of LeRoy, or (BB) if the ordinance was adopted | ||||||
32 | on April 3, 1991 or
June 3, 1992 by the City of Markham, or (CC) | ||||||
33 | if the ordinance was adopted on November 11, 1986 by the City | ||||||
34 | of Pekin, or (DD) if the ordinance was adopted on December 15, |
| |||||||
| |||||||
1 | 1981 by the City of Champaign, or (EE) if the ordinance was | ||||||
2 | adopted on December 15, 1986 by the City of Urbana, or (FF) if | ||||||
3 | the ordinance was adopted on December 15, 1986 by the Village | ||||||
4 | of Heyworth, or (GG) if the ordinance was adopted on February | ||||||
5 | 24, 1992 by the Village of Heyworth, or (HH) if the ordinance | ||||||
6 | was adopted on March 16, 1995 by the Village of Heyworth, or | ||||||
7 | (II) if the ordinance was adopted on December 23, 1986 by the | ||||||
8 | Town of Cicero, or (JJ) if the ordinance was adopted on | ||||||
9 | December 30, 1986 by the City of Effingham, or (KK) if the | ||||||
10 | ordinance was adopted on May 9, 1991 by the Village of
Tilton, | ||||||
11 | or (LL) if the ordinance was adopted on October 20, 1986 by the | ||||||
12 | City of Elmhurst, or (MM) if the ordinance was adopted on | ||||||
13 | January 19, 1988 by the City of
Waukegan, or (NN) if the | ||||||
14 | ordinance was adopted on September 21, 1998 by the City of
| ||||||
15 | Waukegan, or (OO) if the ordinance was adopted on December 31, | ||||||
16 | 1986 by the City of Sullivan, or (PP) if the ordinance was | ||||||
17 | adopted on December 23, 1991 by the City of Sullivan, or (QQ)
| ||||||
18 | (OO) if the ordinance was adopted on December 31, 1986 by the | ||||||
19 | City of Oglesby , or (RR) if the ordinance was adopted on | ||||||
20 | February 2, 1989 by the Village of Lombard and, for | ||||||
21 | redevelopment
project areas for which bonds were issued
before | ||||||
22 | July
29, 1991, in connection with a redevelopment project in | ||||||
23 | the area within the
State Sales Tax Boundary and which were | ||||||
24 | extended by municipal ordinance under
subsection (n) of Section | ||||||
25 | 11-74.4-3, the last maturity of the refunding
obligations shall | ||||||
26 | not be expressed to mature later than the date on which the
| ||||||
27 | redevelopment project area is terminated or December 31, 2013, | ||||||
28 | whichever date
occurs first.
| ||||||
29 | In the event a municipality issues obligations under home | ||||||
30 | rule powers or
other legislative authority the proceeds of | ||||||
31 | which are pledged to pay
for redevelopment project costs, the | ||||||
32 | municipality may, if it has followed
the procedures in | ||||||
33 | conformance with this division, retire said obligations
from | ||||||
34 | funds in the special tax allocation fund in amounts and in such |
| |||||||
| |||||||
1 | manner
as if such obligations had been issued pursuant to the | ||||||
2 | provisions of this
division.
| ||||||
3 | All obligations heretofore or hereafter issued pursuant to | ||||||
4 | this Act shall
not be regarded as indebtedness of the | ||||||
5 | municipality issuing such obligations
or any other taxing | ||||||
6 | district for the purpose of any limitation imposed by law.
| ||||||
7 | (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05; | ||||||
8 | 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-983, eff. | ||||||
9 | 8-23-04; 93-984, eff. 8-23-04; 93-985, eff. 8-23-04; 93-986, | ||||||
10 | eff. 8-23-04; 93-987, eff. 8-23-04; 93-995, eff. 8-23-04; | ||||||
11 | 93-1024, eff. 8-25-04; 93-1076, eff. 1-18-05; 94-260, eff. | ||||||
12 | 7-19-05; 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; revised | ||||||
13 | 8-10-05.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|