HB2332 Engrossed LRB095 01503 HLH 21505 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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)
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

 

 

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1     which is (i) present, with that presence documented, to a
2     meaningful extent so that a municipality may reasonably
3     find that the factor is clearly present within the intent
4     of the Act and (ii) reasonably distributed throughout the
5     improved part of the redevelopment project area:
6             (A) Dilapidation. An advanced state of disrepair
7         or neglect of necessary repairs to the primary
8         structural components of buildings or improvements in
9         such a combination that a documented building
10         condition analysis determines that major repair is
11         required or the defects are so serious and so extensive
12         that the buildings must be removed.
13             (B) Obsolescence. The condition or process of
14         falling into disuse. Structures have become ill-suited
15         for the original use.
16             (C) Deterioration. With respect to buildings,
17         defects including, but not limited to, major defects in
18         the secondary building components such as doors,
19         windows, porches, gutters and downspouts, and fascia.
20         With respect to surface improvements, that the
21         condition of roadways, alleys, curbs, gutters,
22         sidewalks, off-street parking, and surface storage
23         areas evidence deterioration, including, but not
24         limited to, surface cracking, crumbling, potholes,
25         depressions, loose paving material, and weeds
26         protruding through paved surfaces.

 

 

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1             (D) Presence of structures below minimum code
2         standards. All structures that do not meet the
3         standards of zoning, subdivision, building, fire, and
4         other governmental codes applicable to property, but
5         not including housing and property maintenance codes.
6             (E) Illegal use of individual structures. The use
7         of structures in violation of applicable federal,
8         State, or local laws, exclusive of those applicable to
9         the presence of structures below minimum code
10         standards.
11             (F) Excessive vacancies. The presence of buildings
12         that are unoccupied or under-utilized and that
13         represent an adverse influence on the area because of
14         the frequency, extent, or duration of the vacancies.
15             (G) Lack of ventilation, light, or sanitary
16         facilities. The absence of adequate ventilation for
17         light or air circulation in spaces or rooms without
18         windows, or that require the removal of dust, odor,
19         gas, smoke, or other noxious airborne materials.
20         Inadequate natural light and ventilation means the
21         absence of skylights or windows for interior spaces or
22         rooms and improper window sizes and amounts by room
23         area to window area ratios. Inadequate sanitary
24         facilities refers to the absence or inadequacy of
25         garbage storage and enclosure, bathroom facilities,
26         hot water and kitchens, and structural inadequacies

 

 

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1         preventing ingress and egress to and from all rooms and
2         units within a building.
3             (H) Inadequate utilities. Underground and overhead
4         utilities such as storm sewers and storm drainage,
5         sanitary sewers, water lines, and gas, telephone, and
6         electrical services that are shown to be inadequate.
7         Inadequate utilities are those that are: (i) of
8         insufficient capacity to serve the uses in the
9         redevelopment project area, (ii) deteriorated,
10         antiquated, obsolete, or in disrepair, or (iii)
11         lacking within the redevelopment project area.
12             (I) Excessive land coverage and overcrowding of
13         structures and community facilities. The
14         over-intensive use of property and the crowding of
15         buildings and accessory facilities onto a site.
16         Examples of problem conditions warranting the
17         designation of an area as one exhibiting excessive land
18         coverage are: (i) the presence of buildings either
19         improperly situated on parcels or located on parcels of
20         inadequate size and shape in relation to present-day
21         standards of development for health and safety and (ii)
22         the presence of multiple buildings on a single parcel.
23         For there to be a finding of excessive land coverage,
24         these parcels must exhibit one or more of the following
25         conditions: insufficient provision for light and air
26         within or around buildings, increased threat of spread

 

 

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1         of fire due to the close proximity of buildings, lack
2         of adequate or proper access to a public right-of-way,
3         lack of reasonably required off-street parking, or
4         inadequate provision for loading and service.
5             (J) Deleterious land use or layout. The existence
6         of incompatible land-use relationships, buildings
7         occupied by inappropriate mixed-uses, or uses
8         considered to be noxious, offensive, or unsuitable for
9         the surrounding area.
10             (K) Environmental clean-up. The proposed
11         redevelopment project area has incurred Illinois
12         Environmental Protection Agency or United States
13         Environmental Protection Agency remediation costs for,
14         or a study conducted by an independent consultant
15         recognized as having expertise in environmental
16         remediation has determined a need for, the clean-up of
17         hazardous waste, hazardous substances, or underground
18         storage tanks required by State or federal law,
19         provided that the remediation costs constitute a
20         material impediment to the development or
21         redevelopment of the redevelopment project area.
22             (L) Lack of community planning. The proposed
23         redevelopment project area was developed prior to or
24         without the benefit or guidance of a community plan.
25         This means that the development occurred prior to the
26         adoption by the municipality of a comprehensive or

 

 

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1         other community plan or that the plan was not followed
2         at the time of the area's development. This factor must
3         be documented by evidence of adverse or incompatible
4         land-use relationships, inadequate street layout,
5         improper subdivision, parcels of inadequate shape and
6         size to meet contemporary development standards, or
7         other evidence demonstrating an absence of effective
8         community planning.
9             (M) The total equalized assessed value of the
10         proposed redevelopment project area has declined for 3
11         of the last 5 calendar years prior to the year in which
12         the redevelopment project area is designated or is
13         increasing at an annual rate that is less than the
14         balance of the municipality for 3 of the last 5
15         calendar years for which information is available or is
16         increasing at an annual rate that is less than the
17         Consumer Price Index for All Urban Consumers published
18         by the United States Department of Labor or successor
19         agency for 3 of the last 5 calendar years prior to the
20         year in which the redevelopment project area is
21         designated.
22         (2) If vacant, the sound growth of the redevelopment
23     project area is impaired by a combination of 2 or more of
24     the following factors, each of which is (i) present, with
25     that presence documented, to a meaningful extent so that a
26     municipality may reasonably find that the factor is clearly

 

 

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1     present within the intent of the Act and (ii) reasonably
2     distributed throughout the vacant part of the
3     redevelopment project area to which it pertains:
4             (A) Obsolete platting of vacant land that results
5         in parcels of limited or narrow size or configurations
6         of parcels of irregular size or shape that would be
7         difficult to develop on a planned basis and in a manner
8         compatible with contemporary standards and
9         requirements, or platting that failed to create
10         rights-of-ways for streets or alleys or that created
11         inadequate right-of-way widths for streets, alleys, or
12         other public rights-of-way or that omitted easements
13         for public utilities.
14             (B) Diversity of ownership of parcels of vacant
15         land sufficient in number to retard or impede the
16         ability to assemble the land for development.
17             (C) Tax and special assessment delinquencies exist
18         or the property has been the subject of tax sales under
19         the Property Tax Code within the last 5 years.
20             (D) Deterioration of structures or site
21         improvements in neighboring areas adjacent to the
22         vacant land.
23             (E) The area has incurred Illinois Environmental
24         Protection Agency or United States Environmental
25         Protection Agency remediation costs for, or a study
26         conducted by an independent consultant recognized as

 

 

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1         having expertise in environmental remediation has
2         determined a need for, the clean-up of hazardous waste,
3         hazardous substances, or underground storage tanks
4         required by State or federal law, provided that the
5         remediation costs constitute a material impediment to
6         the development or redevelopment of the redevelopment
7         project area.
8             (F) The total equalized assessed value of the
9         proposed redevelopment project area has declined for 3
10         of the last 5 calendar years prior to the year in which
11         the redevelopment project area is designated or is
12         increasing at an annual rate that is less than the
13         balance of the municipality for 3 of the last 5
14         calendar years for which information is available or is
15         increasing at an annual rate that is less than the
16         Consumer Price Index for All Urban Consumers published
17         by the United States Department of Labor or successor
18         agency for 3 of the last 5 calendar years prior to the
19         year in which the redevelopment project area is
20         designated.
21         (3) If vacant, the sound growth of the redevelopment
22     project area is impaired by one of the following factors
23     that (i) is present, with that presence documented, to a
24     meaningful extent so that a municipality may reasonably
25     find that the factor is clearly present within the intent
26     of the Act and (ii) is reasonably distributed throughout

 

 

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1     the vacant part of the redevelopment project area to which
2     it pertains:
3             (A) The area consists of one or more unused
4         quarries, mines, or strip mine ponds.
5             (B) The area consists of unused rail yards, rail
6         tracks, or railroad rights-of-way.
7             (C) The area, prior to its designation, is subject
8         to (i) chronic flooding that adversely impacts on real
9         property in the area as certified by a registered
10         professional engineer or appropriate regulatory agency
11         or (ii) surface water that discharges from all or a
12         part of the area and contributes to flooding within the
13         same watershed, but only if the redevelopment project
14         provides for facilities or improvements to contribute
15         to the alleviation of all or part of the flooding.
16             (D) The area consists of an unused or illegal
17         disposal site containing earth, stone, building
18         debris, or similar materials that were removed from
19         construction, demolition, excavation, or dredge sites.
20             (E) Prior to November 1, 1999, the area is not less
21         than 50 nor more than 100 acres and 75% of which is
22         vacant (notwithstanding that the area has been used for
23         commercial agricultural purposes within 5 years prior
24         to the designation of the redevelopment project area),
25         and the area meets at least one of the factors itemized
26         in paragraph (1) of this subsection, the area has been

 

 

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1         designated as a town or village center by ordinance or
2         comprehensive plan adopted prior to January 1, 1982,
3         and the area has not been developed for that designated
4         purpose.
5             (F) The area qualified as a blighted improved area
6         immediately prior to becoming vacant, unless there has
7         been substantial private investment in the immediately
8         surrounding area.
9     (b) For any redevelopment project area that has been
10 designated pursuant to this Section by an ordinance adopted
11 prior to November 1, 1999 (the effective date of Public Act
12 91-478), "conservation area" shall have the meaning set forth
13 in this Section prior to that date.
14     On and after November 1, 1999, "conservation area" means
15 any improved area within the boundaries of a redevelopment
16 project area located within the territorial limits of the
17 municipality in which 50% or more of the structures in the area
18 have an age of 35 years or more. Such an area is not yet a
19 blighted area but because of a combination of 3 or more of the
20 following factors is detrimental to the public safety, health,
21 morals or welfare and such an area may become a blighted area:
22         (1) Dilapidation. An advanced state of disrepair or
23     neglect of necessary repairs to the primary structural
24     components of buildings or improvements in such a
25     combination that a documented building condition analysis
26     determines that major repair is required or the defects are

 

 

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1     so serious and so extensive that the buildings must be
2     removed.
3         (2) Obsolescence. The condition or process of falling
4     into disuse. Structures have become ill-suited for the
5     original use.
6         (3) Deterioration. With respect to buildings, defects
7     including, but not limited to, major defects in the
8     secondary building components such as doors, windows,
9     porches, gutters and downspouts, and fascia. With respect
10     to surface improvements, that the condition of roadways,
11     alleys, curbs, gutters, sidewalks, off-street parking, and
12     surface storage areas evidence deterioration, including,
13     but not limited to, surface cracking, crumbling, potholes,
14     depressions, loose paving material, and weeds protruding
15     through paved surfaces.
16         (4) Presence of structures below minimum code
17     standards. All structures that do not meet the standards of
18     zoning, subdivision, building, fire, and other
19     governmental codes applicable to property, but not
20     including housing and property maintenance codes.
21         (5) Illegal use of individual structures. The use of
22     structures in violation of applicable federal, State, or
23     local laws, exclusive of those applicable to the presence
24     of structures below minimum code standards.
25         (6) Excessive vacancies. The presence of buildings
26     that are unoccupied or under-utilized and that represent an

 

 

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1     adverse influence on the area because of the frequency,
2     extent, or duration of the vacancies.
3         (7) Lack of ventilation, light, or sanitary
4     facilities. The absence of adequate ventilation for light
5     or air circulation in spaces or rooms without windows, or
6     that require the removal of dust, odor, gas, smoke, or
7     other noxious airborne materials. Inadequate natural light
8     and ventilation means the absence or inadequacy of
9     skylights or windows for interior spaces or rooms and
10     improper window sizes and amounts by room area to window
11     area ratios. Inadequate sanitary facilities refers to the
12     absence or inadequacy of garbage storage and enclosure,
13     bathroom facilities, hot water and kitchens, and
14     structural inadequacies preventing ingress and egress to
15     and from all rooms and units within a building.
16         (8) Inadequate utilities. Underground and overhead
17     utilities such as storm sewers and storm drainage, sanitary
18     sewers, water lines, and gas, telephone, and electrical
19     services that are shown to be inadequate. Inadequate
20     utilities are those that are: (i) of insufficient capacity
21     to serve the uses in the redevelopment project area, (ii)
22     deteriorated, antiquated, obsolete, or in disrepair, or
23     (iii) lacking within the redevelopment project area.
24         (9) Excessive land coverage and overcrowding of
25     structures and community facilities. The over-intensive
26     use of property and the crowding of buildings and accessory

 

 

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1     facilities onto a site. Examples of problem conditions
2     warranting the designation of an area as one exhibiting
3     excessive land coverage are: the presence of buildings
4     either improperly situated on parcels or located on parcels
5     of inadequate size and shape in relation to present-day
6     standards of development for health and safety and the
7     presence of multiple buildings on a single parcel. For
8     there to be a finding of excessive land coverage, these
9     parcels must exhibit one or more of the following
10     conditions: insufficient provision for light and air
11     within or around buildings, increased threat of spread of
12     fire due to the close proximity of buildings, lack of
13     adequate or proper access to a public right-of-way, lack of
14     reasonably required off-street parking, or inadequate
15     provision for loading and service.
16         (10) Deleterious land use or layout. The existence of
17     incompatible land-use relationships, buildings occupied by
18     inappropriate mixed-uses, or uses considered to be
19     noxious, offensive, or unsuitable for the surrounding
20     area.
21         (11) Lack of community planning. The proposed
22     redevelopment project area was developed prior to or
23     without the benefit or guidance of a community plan. This
24     means that the development occurred prior to the adoption
25     by the municipality of a comprehensive or other community
26     plan or that the plan was not followed at the time of the

 

 

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1     area's development. This factor must be documented by
2     evidence of adverse or incompatible land-use
3     relationships, inadequate street layout, improper
4     subdivision, parcels of inadequate shape and size to meet
5     contemporary development standards, or other evidence
6     demonstrating an absence of effective community planning.
7         (12) The area has incurred Illinois Environmental
8     Protection Agency or United States Environmental
9     Protection Agency remediation costs for, or a study
10     conducted by an independent consultant recognized as
11     having expertise in environmental remediation has
12     determined a need for, the clean-up of hazardous waste,
13     hazardous substances, or underground storage tanks
14     required by State or federal law, provided that the
15     remediation costs constitute a material impediment to the
16     development or redevelopment of the redevelopment project
17     area.
18         (13) The total equalized assessed value of the proposed
19     redevelopment project area has declined for 3 of the last 5
20     calendar years for which information is available or is
21     increasing at an annual rate that is less than the balance
22     of the municipality for 3 of the last 5 calendar years for
23     which information is available or is increasing at an
24     annual rate that is less than the Consumer Price Index for
25     All Urban Consumers published by the United States
26     Department of Labor or successor agency for 3 of the last 5

 

 

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1     calendar years for which information is available.
2     (c) "Industrial park" means an area in a blighted or
3 conservation area suitable for use by any manufacturing,
4 industrial, research or transportation enterprise, of
5 facilities to include but not be limited to factories, mills,
6 processing plants, assembly plants, packing plants,
7 fabricating plants, industrial distribution centers,
8 warehouses, repair overhaul or service facilities, freight
9 terminals, research facilities, test facilities or railroad
10 facilities.
11     (d) "Industrial park conservation area" means an area
12 within the boundaries of a redevelopment project area located
13 within the territorial limits of a municipality that is a labor
14 surplus municipality or within 1 1/2 miles of the territorial
15 limits of a municipality that is a labor surplus municipality
16 if the area is annexed to the municipality; which area is zoned
17 as industrial no later than at the time the municipality by
18 ordinance designates the redevelopment project area, and which
19 area includes both vacant land suitable for use as an
20 industrial park and a blighted area or conservation area
21 contiguous to such vacant land.
22     (e) "Labor surplus municipality" means a municipality in
23 which, at any time during the 6 months before the municipality
24 by ordinance designates an industrial park conservation area,
25 the unemployment rate was over 6% and was also 100% or more of
26 the national average unemployment rate for that same time as

 

 

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1 published in the United States Department of Labor Bureau of
2 Labor Statistics publication entitled "The Employment
3 Situation" or its successor publication. For the purpose of
4 this subsection, if unemployment rate statistics for the
5 municipality are not available, the unemployment rate in the
6 municipality shall be deemed to be the same as the unemployment
7 rate in the principal county in which the municipality is
8 located.
9     (f) "Municipality" shall mean a city, village,
10 incorporated town, or a township that is located in the
11 unincorporated portion of a county with 3 million or more
12 inhabitants, if the county adopted an ordinance that approved
13 the township's redevelopment plan.
14     (g) "Initial Sales Tax Amounts" means the amount of taxes
15 paid under the Retailers' Occupation Tax Act, Use Tax Act,
16 Service Use Tax Act, the Service Occupation Tax Act, the
17 Municipal Retailers' Occupation Tax Act, and the Municipal
18 Service Occupation Tax Act by retailers and servicemen on
19 transactions at places located in a State Sales Tax Boundary
20 during the calendar year 1985.
21     (g-1) "Revised Initial Sales Tax Amounts" means the amount
22 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
23 Act, Service Use Tax Act, the Service Occupation Tax Act, the
24 Municipal Retailers' Occupation Tax Act, and the Municipal
25 Service Occupation Tax Act by retailers and servicemen on
26 transactions at places located within the State Sales Tax

 

 

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1 Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
2     (h) "Municipal Sales Tax Increment" means an amount equal
3 to the increase in the aggregate amount of taxes paid to a
4 municipality from the Local Government Tax Fund arising from
5 sales by retailers and servicemen within the redevelopment
6 project area or State Sales Tax Boundary, as the case may be,
7 for as long as the redevelopment project area or State Sales
8 Tax Boundary, as the case may be, exist over and above the
9 aggregate amount of taxes as certified by the Illinois
10 Department of Revenue and paid under the Municipal Retailers'
11 Occupation Tax Act and the Municipal Service Occupation Tax Act
12 by retailers and servicemen, on transactions at places of
13 business located in the redevelopment project area or State
14 Sales Tax Boundary, as the case may be, during the base year
15 which shall be the calendar year immediately prior to the year
16 in which the municipality adopted tax increment allocation
17 financing. For purposes of computing the aggregate amount of
18 such taxes for base years occurring prior to 1985, the
19 Department of Revenue shall determine the Initial Sales Tax
20 Amounts for such taxes and deduct therefrom an amount equal to
21 4% of the aggregate amount of taxes per year for each year the
22 base year is prior to 1985, but not to exceed a total deduction
23 of 12%. The amount so determined shall be known as the
24 "Adjusted Initial Sales Tax Amounts". For purposes of
25 determining the Municipal Sales Tax Increment, the Department
26 of Revenue shall for each period subtract from the amount paid

 

 

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1 to the municipality from the Local Government Tax Fund arising
2 from sales by retailers and servicemen on transactions located
3 in the redevelopment project area or the State Sales Tax
4 Boundary, as the case may be, the certified Initial Sales Tax
5 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
6 Initial Sales Tax Amounts for the Municipal Retailers'
7 Occupation Tax Act and the Municipal Service Occupation Tax
8 Act. For the State Fiscal Year 1989, this calculation shall be
9 made by utilizing the calendar year 1987 to determine the tax
10 amounts received. For the State Fiscal Year 1990, this
11 calculation shall be made by utilizing the period from January
12 1, 1988, until September 30, 1988, to determine the tax amounts
13 received from retailers and servicemen pursuant to the
14 Municipal Retailers' Occupation Tax and the Municipal Service
15 Occupation Tax Act, which shall have deducted therefrom
16 nine-twelfths of the certified Initial Sales Tax Amounts, the
17 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
18 Tax Amounts as appropriate. For the State Fiscal Year 1991,
19 this calculation shall be made by utilizing the period from
20 October 1, 1988, to June 30, 1989, to determine the tax amounts
21 received from retailers and servicemen pursuant to the
22 Municipal Retailers' Occupation Tax and the Municipal Service
23 Occupation Tax Act which shall have deducted therefrom
24 nine-twelfths of the certified Initial Sales Tax Amounts,
25 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
26 Tax Amounts as appropriate. For every State Fiscal Year

 

 

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1 thereafter, the applicable period shall be the 12 months
2 beginning July 1 and ending June 30 to determine the tax
3 amounts received which shall have deducted therefrom the
4 certified Initial Sales Tax Amounts, the Adjusted Initial Sales
5 Tax Amounts or the Revised Initial Sales Tax Amounts, as the
6 case may be.
7     (i) "Net State Sales Tax Increment" means the sum of the
8 following: (a) 80% of the first $100,000 of State Sales Tax
9 Increment annually generated within a State Sales Tax Boundary;
10 (b) 60% of the amount in excess of $100,000 but not exceeding
11 $500,000 of State Sales Tax Increment annually generated within
12 a State Sales Tax Boundary; and (c) 40% of all amounts in
13 excess of $500,000 of State Sales Tax Increment annually
14 generated within a State Sales Tax Boundary. If, however, a
15 municipality established a tax increment financing district in
16 a county with a population in excess of 3,000,000 before
17 January 1, 1986, and the municipality entered into a contract
18 or issued bonds after January 1, 1986, but before December 31,
19 1986, to finance redevelopment project costs within a State
20 Sales Tax Boundary, then the Net State Sales Tax Increment
21 means, for the fiscal years beginning July 1, 1990, and July 1,
22 1991, 100% of the State Sales Tax Increment annually generated
23 within a State Sales Tax Boundary; and notwithstanding any
24 other provision of this Act, for those fiscal years the
25 Department of Revenue shall distribute to those municipalities
26 100% of their Net State Sales Tax Increment before any

 

 

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1 distribution to any other municipality and regardless of
2 whether or not those other municipalities will receive 100% of
3 their Net State Sales Tax Increment. For Fiscal Year 1999, and
4 every year thereafter until the year 2007, for any municipality
5 that has not entered into a contract or has not issued bonds
6 prior to June 1, 1988 to finance redevelopment project costs
7 within a State Sales Tax Boundary, the Net State Sales Tax
8 Increment shall be calculated as follows: By multiplying the
9 Net State Sales Tax Increment by 90% in the State Fiscal Year
10 1999; 80% in the State Fiscal Year 2000; 70% in the State
11 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
12 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
13 in the State Fiscal Year 2005; 20% in the State Fiscal Year
14 2006; and 10% in the State Fiscal Year 2007. No payment shall
15 be made for State Fiscal Year 2008 and thereafter.
16     Municipalities that issued bonds in connection with a
17 redevelopment project in a redevelopment project area within
18 the State Sales Tax Boundary prior to July 29, 1991, or that
19 entered into contracts in connection with a redevelopment
20 project in a redevelopment project area before June 1, 1988,
21 shall continue to receive their proportional share of the
22 Illinois Tax Increment Fund distribution until the date on
23 which the redevelopment project is completed or terminated. If,
24 however, a municipality that issued bonds in connection with a
25 redevelopment project in a redevelopment project area within
26 the State Sales Tax Boundary prior to July 29, 1991 retires the

 

 

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1 bonds prior to June 30, 2007 or a municipality that entered
2 into contracts in connection with a redevelopment project in a
3 redevelopment project area before June 1, 1988 completes the
4 contracts prior to June 30, 2007, then so long as the
5 redevelopment project is not completed or is not terminated,
6 the Net State Sales Tax Increment shall be calculated,
7 beginning on the date on which the bonds are retired or the
8 contracts are completed, as follows: By multiplying the Net
9 State Sales Tax Increment by 60% in the State Fiscal Year 2002;
10 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
11 2004; 30% in the State Fiscal Year 2005; 20% in the State
12 Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
13 payment shall be made for State Fiscal Year 2008 and
14 thereafter. Refunding of any bonds issued prior to July 29,
15 1991, shall not alter the Net State Sales Tax Increment.
16     (j) "State Utility Tax Increment Amount" means an amount
17 equal to the aggregate increase in State electric and gas tax
18 charges imposed on owners and tenants, other than residential
19 customers, of properties located within the redevelopment
20 project area under Section 9-222 of the Public Utilities Act,
21 over and above the aggregate of such charges as certified by
22 the Department of Revenue and paid by owners and tenants, other
23 than residential customers, of properties within the
24 redevelopment project area during the base year, which shall be
25 the calendar year immediately prior to the year of the adoption
26 of the ordinance authorizing tax increment allocation

 

 

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1 financing.
2     (k) "Net State Utility Tax Increment" means the sum of the
3 following: (a) 80% of the first $100,000 of State Utility Tax
4 Increment annually generated by a redevelopment project area;
5 (b) 60% of the amount in excess of $100,000 but not exceeding
6 $500,000 of the State Utility Tax Increment annually generated
7 by a redevelopment project area; and (c) 40% of all amounts in
8 excess of $500,000 of State Utility Tax Increment annually
9 generated by a redevelopment project area. For the State Fiscal
10 Year 1999, and every year thereafter until the year 2007, for
11 any municipality that has not entered into a contract or has
12 not issued bonds prior to June 1, 1988 to finance redevelopment
13 project costs within a redevelopment project area, the Net
14 State Utility Tax Increment shall be calculated as follows: By
15 multiplying the Net State Utility Tax Increment by 90% in the
16 State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
17 in the State Fiscal Year 2001; 60% in the State Fiscal Year
18 2002; 50% in the State Fiscal Year 2003; 40% in the State
19 Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
20 State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
21 No payment shall be made for the State Fiscal Year 2008 and
22 thereafter.
23     Municipalities that issue bonds in connection with the
24 redevelopment project during the period from June 1, 1988 until
25 3 years after the effective date of this Amendatory Act of 1988
26 shall receive the Net State Utility Tax Increment, subject to

 

 

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1 appropriation, for 15 State Fiscal Years after the issuance of
2 such bonds. For the 16th through the 20th State Fiscal Years
3 after issuance of the bonds, the Net State Utility Tax
4 Increment shall be calculated as follows: By multiplying the
5 Net State Utility Tax Increment by 90% in year 16; 80% in year
6 17; 70% in year 18; 60% in year 19; and 50% in year 20.
7 Refunding of any bonds issued prior to June 1, 1988, shall not
8 alter the revised Net State Utility Tax Increment payments set
9 forth above.
10     (l) "Obligations" mean bonds, loans, debentures, notes,
11 special certificates or other evidence of indebtedness issued
12 by the municipality to carry out a redevelopment project or to
13 refund outstanding obligations.
14     (m) "Payment in lieu of taxes" means those estimated tax
15 revenues from real property in a redevelopment project area
16 derived from real property that has been acquired by a
17 municipality which according to the redevelopment project or
18 plan is to be used for a private use which taxing districts
19 would have received had a municipality not acquired the real
20 property and adopted tax increment allocation financing and
21 which would result from levies made after the time of the
22 adoption of tax increment allocation financing to the time the
23 current equalized value of real property in the redevelopment
24 project area exceeds the total initial equalized value of real
25 property in said area.
26     (n) "Redevelopment plan" means the comprehensive program

 

 

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1 of the municipality for development or redevelopment intended
2 by the payment of redevelopment project costs to reduce or
3 eliminate those conditions the existence of which qualified the
4 redevelopment project area as a "blighted area" or
5 "conservation area" or combination thereof or "industrial park
6 conservation area," and thereby to enhance the tax bases of the
7 taxing districts which extend into the redevelopment project
8 area. On and after November 1, 1999 (the effective date of
9 Public Act 91-478), no redevelopment plan may be approved or
10 amended that includes the development of vacant land (i) with a
11 golf course and related clubhouse and other facilities or (ii)
12 designated by federal, State, county, or municipal government
13 as public land for outdoor recreational activities or for
14 nature preserves and used for that purpose within 5 years prior
15 to the adoption of the redevelopment plan. For the purpose of
16 this subsection, "recreational activities" is limited to mean
17 camping and hunting. Each redevelopment plan shall set forth in
18 writing the program to be undertaken to accomplish the
19 objectives and shall include but not be limited to:
20         (A) an itemized list of estimated redevelopment
21     project costs;
22         (B) evidence indicating that the redevelopment project
23     area on the whole has not been subject to growth and
24     development through investment by private enterprise;
25         (C) an assessment of any financial impact of the
26     redevelopment project area on or any increased demand for

 

 

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1     services from any taxing district affected by the plan and
2     any program to address such financial impact or increased
3     demand;
4         (D) the sources of funds to pay costs;
5         (E) the nature and term of the obligations to be
6     issued;
7         (F) the most recent equalized assessed valuation of the
8     redevelopment project area;
9         (G) an estimate as to the equalized assessed valuation
10     after redevelopment and the general land uses to apply in
11     the redevelopment project area;
12         (H) a commitment to fair employment practices and an
13     affirmative action plan;
14         (I) if it concerns an industrial park conservation
15     area, the plan shall also include a general description of
16     any proposed developer, user and tenant of any property, a
17     description of the type, structure and general character of
18     the facilities to be developed, a description of the type,
19     class and number of new employees to be employed in the
20     operation of the facilities to be developed; and
21         (J) if property is to be annexed to the municipality,
22     the plan shall include the terms of the annexation
23     agreement.
24     The provisions of items (B) and (C) of this subsection (n)
25 shall not apply to a municipality that before March 14, 1994
26 (the effective date of Public Act 88-537) had fixed, either by

 

 

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1 its corporate authorities or by a commission designated under
2 subsection (k) of Section 11-74.4-4, a time and place for a
3 public hearing as required by subsection (a) of Section
4 11-74.4-5. No redevelopment plan shall be adopted unless a
5 municipality complies with all of the following requirements:
6         (1) The municipality finds that the redevelopment
7     project area on the whole has not been subject to growth
8     and development through investment by private enterprise
9     and would not reasonably be anticipated to be developed
10     without the adoption of the redevelopment plan.
11         (2) The municipality finds that the redevelopment plan
12     and project conform to the comprehensive plan for the
13     development of the municipality as a whole, or, for
14     municipalities with a population of 100,000 or more,
15     regardless of when the redevelopment plan and project was
16     adopted, the redevelopment plan and project either: (i)
17     conforms to the strategic economic development or
18     redevelopment plan issued by the designated planning
19     authority of the municipality, or (ii) includes land uses
20     that have been approved by the planning commission of the
21     municipality.
22         (3) The redevelopment plan establishes the estimated
23     dates of completion of the redevelopment project and
24     retirement of obligations issued to finance redevelopment
25     project costs. Those dates: shall not be later than
26     December 31 of the year in which the payment to the

 

 

HB2332 Engrossed - 27 - LRB095 01503 HLH 21505 b

1     municipal treasurer as provided in subsection (b) of
2     Section 11-74.4-8 of this Act is to be made with respect to
3     ad valorem taxes levied in the twenty-third calendar year
4     after the year in which the ordinance approving the
5     redevelopment project area is adopted if the ordinance was
6     adopted on or after January 15, 1981; shall not be later
7     than December 31 of the year in which the payment to the
8     municipal treasurer as provided in subsection (b) of
9     Section 11-74.4-8 of this Act is to be made with respect to
10     ad valorem taxes levied in the thirty-third calendar year
11     after the year in which the ordinance approving the
12     redevelopment project area if the ordinance was adopted on
13     May 20, 1985 by the Village of Wheeling; and shall not be
14     later than December 31 of the year in which the payment to
15     the municipal treasurer as provided in subsection (b) of
16     Section 11-74.4-8 of this Act is to be made with respect to
17     ad valorem taxes levied in the thirty-fifth calendar year
18     after the year in which the ordinance approving the
19     redevelopment project area is adopted:
20             (A) if the ordinance was adopted before January 15,
21         1981, or
22             (B) if the ordinance was adopted in December 1983,
23         April 1984, July 1985, or December 1989, or
24             (C) if the ordinance was adopted in December 1987
25         and the redevelopment project is located within one
26         mile of Midway Airport, or

 

 

HB2332 Engrossed - 28 - LRB095 01503 HLH 21505 b

1             (D) if the ordinance was adopted before January 1,
2         1987 by a municipality in Mason County, or
3             (E) if the municipality is subject to the Local
4         Government Financial Planning and Supervision Act or
5         the Financially Distressed City Law, or
6             (F) if the ordinance was adopted in December 1984
7         by the Village of Rosemont, or
8             (G) if the ordinance was adopted on December 31,
9         1986 by a municipality located in Clinton County for
10         which at least $250,000 of tax increment bonds were
11         authorized on June 17, 1997, or if the ordinance was
12         adopted on December 31, 1986 by a municipality with a
13         population in 1990 of less than 3,600 that is located
14         in a county with a population in 1990 of less than
15         34,000 and for which at least $250,000 of tax increment
16         bonds were authorized on June 17, 1997, or
17             (H) if the ordinance was adopted on October 5, 1982
18         by the City of Kankakee, or if the ordinance was
19         adopted on December 29, 1986 by East St. Louis, or
20             (I) if the ordinance was adopted on November 12,
21         1991 by the Village of Sauget, or
22             (J) if the ordinance was adopted on February 11,
23         1985 by the City of Rock Island, or
24             (K) if the ordinance was adopted before December
25         18, 1986 by the City of Moline, or
26             (L) if the ordinance was adopted in September 1988

 

 

HB2332 Engrossed - 29 - LRB095 01503 HLH 21505 b

1         by Sauk Village, or
2             (M) if the ordinance was adopted in October 1993 by
3         Sauk Village, or
4             (N) if the ordinance was adopted on December 29,
5         1986 by the City of Galva, or
6             (O) if the ordinance was adopted in March 1991 by
7         the City of Centreville, or
8             (P) if the ordinance was adopted on January 23,
9         1991 by the City of East St. Louis, or
10             (Q) if the ordinance was adopted on December 22,
11         1986 by the City of Aledo, or
12             (R) if the ordinance was adopted on February 5,
13         1990 by the City of Clinton, or
14             (S) if the ordinance was adopted on September 6,
15         1994 by the City of Freeport, or
16             (T) if the ordinance was adopted on December 22,
17         1986 by the City of Tuscola, or
18             (U) if the ordinance was adopted on December 23,
19         1986 by the City of Sparta, or
20             (V) if the ordinance was adopted on December 23,
21         1986 by the City of Beardstown, or
22             (W) if the ordinance was adopted on April 27, 1981,
23         October 21, 1985, or December 30, 1986 by the City of
24         Belleville, or
25             (X) if the ordinance was adopted on December 29,
26         1986 by the City of Collinsville, or

 

 

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1             (Y) if the ordinance was adopted on September 14,
2         1994 by the City of Alton, or
3             (Z) if the ordinance was adopted on November 11,
4         1996 by the City of Lexington, or
5             (AA) if the ordinance was adopted on November 5,
6         1984 by the City of LeRoy, or
7             (BB) if the ordinance was adopted on April 3, 1991
8         or June 3, 1992 by the City of Markham, or
9             (CC) if the ordinance was adopted on November 11,
10         1986 by the City of Pekin, or
11             (DD) if the ordinance was adopted on December 15,
12         1981 by the City of Champaign, or
13             (EE) if the ordinance was adopted on December 15,
14         1986 by the City of Urbana, or
15             (FF) if the ordinance was adopted on December 15,
16         1986 by the Village of Heyworth, or
17             (GG) if the ordinance was adopted on February 24,
18         1992 by the Village of Heyworth, or
19             (HH) if the ordinance was adopted on March 16, 1995
20         by the Village of Heyworth, or
21             (II) if the ordinance was adopted on December 23,
22         1986 by the Town of Cicero, or
23             (JJ) if the ordinance was adopted on December 30,
24         1986 by the City of Effingham, or
25             (KK) if the ordinance was adopted on May 9, 1991 by
26         the Village of Tilton, or

 

 

HB2332 Engrossed - 31 - LRB095 01503 HLH 21505 b

1             (LL) if the ordinance was adopted on October 20,
2         1986 by the City of Elmhurst, or
3             (MM) if the ordinance was adopted on January 19,
4         1988 by the City of Waukegan, or
5             (NN) if the ordinance was adopted on September 21,
6         1998 by the City of Waukegan, or
7             (OO) if the ordinance was adopted on December 31,
8         1986 by the City of Sullivan, or
9             (PP) if the ordinance was adopted on December 23,
10         1991 by the City of Sullivan, or
11             (QQ) if the ordinance was adopted on December 31,
12         1986 by the City of Oglesby, or
13             (RR) if the ordinance was adopted on July 28, 1987
14         by the City of Marion, or
15             (SS) if the ordinance was adopted on April 23, 1990
16         by the City of Marion, or
17             (TT) if the ordinance was adopted on August 20,
18         1985 by the Village of Mount Prospect, or
19             (UU) if the ordinance was adopted on February 2,
20         1998 by the Village of Woodhull, or
21             (VV) if the ordinance was adopted on April 20, 1993
22         by the Village of Princeville, or
23             (WW) if the ordinance was adopted on July 1, 1986
24         by the City of Granite City, or
25             (XX) if the ordinance was adopted on February 2,
26         1989 by the Village of Lombard, or

 

 

HB2332 Engrossed - 32 - LRB095 01503 HLH 21505 b

1             (YY) if the ordinance was adopted on December 29,
2         1986 by the Village of Gardner, or
3             (ZZ) if the ordinance was adopted on July 14, 1999
4         by the Village of Paw Paw, or
5             (AAA) if the ordinance was adopted on November 17,
6         1986 by the Village of Franklin Park, or
7             (BBB) if the ordinance was adopted on November 20,
8         1989 by the Village of South Holland, or
9             (CCC) if the ordinance was adopted on July 14, 1992
10         by the Village of Riverdale, or .
11             (DDD) (CCC) if the ordinance was adopted on
12         December 29, 1986 by the City of Galesburg, or
13             (EEE) (DDD) if the ordinance was adopted on April
14         1, 1985 by the City of Galesburg, or .
15             (FFF) (CCC) if the ordinance was adopted on May 21,
16         1990 by the City of West Chicago, or .
17             (GGG) (CCC) if the ordinance was adopted on
18         December 16, 1986 by the City of Oak Forest, or .
19             (HHH) (AAA) if the ordinance was adopted in 1999 by
20         the City of Villa Grove, or .
21             (III) (CCC) if the ordinance was adopted on January
22         13, 1987 by the Village of Mt. Zion, or .
23             (JJJ) (CCC) if the ordinance was adopted on
24         December 30, 1986 by the Village of Manteno, ; or
25             (KKK) (DDD) if the ordinance was adopted on April
26         3, 1989 by the City of Chicago Heights, ; or

 

 

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1             (LLL) (EEE) if the ordinance was adopted on January
2         6, 1999 by the Village of Rosemont, or
3             (MMM) (FFF) if the ordinance was adopted on
4         December 19, 2000 by the Village of Stone Park, or .
5             (NNN) (CCC) if the ordinance was adopted on
6         December 22, 1986 by the City of DeKalb; or .
7             (OOO) if the ordinance was adopted on September 8,
8         1994 by the City of West Frankfort.
9         However, for redevelopment project areas for which
10     bonds were issued before July 29, 1991, or for which
11     contracts were entered into before June 1, 1988, in
12     connection with a redevelopment project in the area within
13     the State Sales Tax Boundary, the estimated dates of
14     completion of the redevelopment project and retirement of
15     obligations to finance redevelopment project costs may be
16     extended by municipal ordinance to December 31, 2013. The
17     termination procedures of subsection (b) of Section
18     11-74.4-8 are not required for these redevelopment project
19     areas in 2009 but are required in 2013. The extension
20     allowed by this amendatory Act of 1993 shall not apply to
21     real property tax increment allocation financing under
22     Section 11-74.4-8.
23         A municipality may by municipal ordinance amend an
24     existing redevelopment plan to conform to this paragraph
25     (3) as amended by Public Act 91-478, which municipal
26     ordinance may be adopted without further hearing or notice

 

 

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1     and without complying with the procedures provided in this
2     Act pertaining to an amendment to or the initial approval
3     of a redevelopment plan and project and designation of a
4     redevelopment project area.
5         Those dates, for purposes of real property tax
6     increment allocation financing pursuant to Section
7     11-74.4-8 only, shall be not more than 35 years for
8     redevelopment project areas that were adopted on or after
9     December 16, 1986 and for which at least $8 million worth
10     of municipal bonds were authorized on or after December 19,
11     1989 but before January 1, 1990; provided that the
12     municipality elects to extend the life of the redevelopment
13     project area to 35 years by the adoption of an ordinance
14     after at least 14 but not more than 30 days' written notice
15     to the taxing bodies, that would otherwise constitute the
16     joint review board for the redevelopment project area,
17     before the adoption of the ordinance.
18         Those dates, for purposes of real property tax
19     increment allocation financing pursuant to Section
20     11-74.4-8 only, shall be not more than 35 years for
21     redevelopment project areas that were established on or
22     after December 1, 1981 but before January 1, 1982 and for
23     which at least $1,500,000 worth of tax increment revenue
24     bonds were authorized on or after September 30, 1990 but
25     before July 1, 1991; provided that the municipality elects
26     to extend the life of the redevelopment project area to 35

 

 

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1     years by the adoption of an ordinance after at least 14 but
2     not more than 30 days' written notice to the taxing bodies,
3     that would otherwise constitute the joint review board for
4     the redevelopment project area, before the adoption of the
5     ordinance.
6         (3.5) The municipality finds, in the case of an
7     industrial park conservation area, also that the
8     municipality is a labor surplus municipality and that the
9     implementation of the redevelopment plan will reduce
10     unemployment, create new jobs and by the provision of new
11     facilities enhance the tax base of the taxing districts
12     that extend into the redevelopment project area.
13         (4) If any incremental revenues are being utilized
14     under Section 8(a)(1) or 8(a)(2) of this Act in
15     redevelopment project areas approved by ordinance after
16     January 1, 1986, the municipality finds: (a) that the
17     redevelopment project area would not reasonably be
18     developed without the use of such incremental revenues, and
19     (b) that such incremental revenues will be exclusively
20     utilized for the development of the redevelopment project
21     area.
22         (5) If the redevelopment plan will not result in
23     displacement of residents from 10 or more inhabited
24     residential units, and the municipality certifies in the
25     plan that such displacement will not result from the plan,
26     a housing impact study need not be performed. If, however,

 

 

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1     the redevelopment plan would result in the displacement of
2     residents from 10 or more inhabited residential units, or
3     if the redevelopment project area contains 75 or more
4     inhabited residential units and no certification is made,
5     then the municipality shall prepare, as part of the
6     separate feasibility report required by subsection (a) of
7     Section 11-74.4-5, a housing impact study.
8         Part I of the housing impact study shall include (i)
9     data as to whether the residential units are single family
10     or multi-family units, (ii) the number and type of rooms
11     within the units, if that information is available, (iii)
12     whether the units are inhabited or uninhabited, as
13     determined not less than 45 days before the date that the
14     ordinance or resolution required by subsection (a) of
15     Section 11-74.4-5 is passed, and (iv) data as to the racial
16     and ethnic composition of the residents in the inhabited
17     residential units. The data requirement as to the racial
18     and ethnic composition of the residents in the inhabited
19     residential units shall be deemed to be fully satisfied by
20     data from the most recent federal census.
21         Part II of the housing impact study shall identify the
22     inhabited residential units in the proposed redevelopment
23     project area that are to be or may be removed. If inhabited
24     residential units are to be removed, then the housing
25     impact study shall identify (i) the number and location of
26     those units that will or may be removed, (ii) the

 

 

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1     municipality's plans for relocation assistance for those
2     residents in the proposed redevelopment project area whose
3     residences are to be removed, (iii) the availability of
4     replacement housing for those residents whose residences
5     are to be removed, and shall identify the type, location,
6     and cost of the housing, and (iv) the type and extent of
7     relocation assistance to be provided.
8         (6) On and after November 1, 1999, the housing impact
9     study required by paragraph (5) shall be incorporated in
10     the redevelopment plan for the redevelopment project area.
11         (7) On and after November 1, 1999, no redevelopment
12     plan shall be adopted, nor an existing plan amended, nor
13     shall residential housing that is occupied by households of
14     low-income and very low-income persons in currently
15     existing redevelopment project areas be removed after
16     November 1, 1999 unless the redevelopment plan provides,
17     with respect to inhabited housing units that are to be
18     removed for households of low-income and very low-income
19     persons, affordable housing and relocation assistance not
20     less than that which would be provided under the federal
21     Uniform Relocation Assistance and Real Property
22     Acquisition Policies Act of 1970 and the regulations under
23     that Act, including the eligibility criteria. Affordable
24     housing may be either existing or newly constructed
25     housing. For purposes of this paragraph (7), "low-income
26     households", "very low-income households", and "affordable

 

 

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1     housing" have the meanings set forth in the Illinois
2     Affordable Housing Act. The municipality shall make a good
3     faith effort to ensure that this affordable housing is
4     located in or near the redevelopment project area within
5     the municipality.
6         (8) On and after November 1, 1999, if, after the
7     adoption of the redevelopment plan for the redevelopment
8     project area, any municipality desires to amend its
9     redevelopment plan to remove more inhabited residential
10     units than specified in its original redevelopment plan,
11     that change shall be made in accordance with the procedures
12     in subsection (c) of Section 11-74.4-5.
13         (9) For redevelopment project areas designated prior
14     to November 1, 1999, the redevelopment plan may be amended
15     without further joint review board meeting or hearing,
16     provided that the municipality shall give notice of any
17     such changes by mail to each affected taxing district and
18     registrant on the interested party registry, to authorize
19     the municipality to expend tax increment revenues for
20     redevelopment project costs defined by paragraphs (5) and
21     (7.5), subparagraphs (E) and (F) of paragraph (11), and
22     paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
23     long as the changes do not increase the total estimated
24     redevelopment project costs set out in the redevelopment
25     plan by more than 5% after adjustment for inflation from
26     the date the plan was adopted.

 

 

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1     (o) "Redevelopment project" means any public and private
2 development project in furtherance of the objectives of a
3 redevelopment plan. On and after November 1, 1999 (the
4 effective date of Public Act 91-478), no redevelopment plan may
5 be approved or amended that includes the development of vacant
6 land (i) with a golf course and related clubhouse and other
7 facilities or (ii) designated by federal, State, county, or
8 municipal government as public land for outdoor recreational
9 activities or for nature preserves and used for that purpose
10 within 5 years prior to the adoption of the redevelopment plan.
11 For the purpose of this subsection, "recreational activities"
12 is limited to mean camping and hunting.
13     (p) "Redevelopment project area" means an area designated
14 by the municipality, which is not less in the aggregate than 1
15 1/2 acres and in respect to which the municipality has made a
16 finding that there exist conditions which cause the area to be
17 classified as an industrial park conservation area or a
18 blighted area or a conservation area, or a combination of both
19 blighted areas and conservation areas.
20     (q) "Redevelopment project costs" mean and include the sum
21 total of all reasonable or necessary costs incurred or
22 estimated to be incurred, and any such costs incidental to a
23 redevelopment plan and a redevelopment project. Such costs
24 include, without limitation, the following:
25         (1) Costs of studies, surveys, development of plans,
26     and specifications, implementation and administration of

 

 

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1     the redevelopment plan including but not limited to staff
2     and professional service costs for architectural,
3     engineering, legal, financial, planning or other services,
4     provided however that no charges for professional services
5     may be based on a percentage of the tax increment
6     collected; except that on and after November 1, 1999 (the
7     effective date of Public Act 91-478), no contracts for
8     professional services, excluding architectural and
9     engineering services, may be entered into if the terms of
10     the contract extend beyond a period of 3 years. In
11     addition, "redevelopment project costs" shall not include
12     lobbying expenses. After consultation with the
13     municipality, each tax increment consultant or advisor to a
14     municipality that plans to designate or has designated a
15     redevelopment project area shall inform the municipality
16     in writing of any contracts that the consultant or advisor
17     has entered into with entities or individuals that have
18     received, or are receiving, payments financed by tax
19     increment revenues produced by the redevelopment project
20     area with respect to which the consultant or advisor has
21     performed, or will be performing, service for the
22     municipality. This requirement shall be satisfied by the
23     consultant or advisor before the commencement of services
24     for the municipality and thereafter whenever any other
25     contracts with those individuals or entities are executed
26     by the consultant or advisor;

 

 

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1         (1.5) After July 1, 1999, annual administrative costs
2     shall not include general overhead or administrative costs
3     of the municipality that would still have been incurred by
4     the municipality if the municipality had not designated a
5     redevelopment project area or approved a redevelopment
6     plan;
7         (1.6) The cost of marketing sites within the
8     redevelopment project area to prospective businesses,
9     developers, and investors;
10         (2) Property assembly costs, including but not limited
11     to acquisition of land and other property, real or
12     personal, or rights or interests therein, demolition of
13     buildings, site preparation, site improvements that serve
14     as an engineered barrier addressing ground level or below
15     ground environmental contamination, including, but not
16     limited to parking lots and other concrete or asphalt
17     barriers, and the clearing and grading of land;
18         (3) Costs of rehabilitation, reconstruction or repair
19     or remodeling of existing public or private buildings,
20     fixtures, and leasehold improvements; and the cost of
21     replacing an existing public building if pursuant to the
22     implementation of a redevelopment project the existing
23     public building is to be demolished to use the site for
24     private investment or devoted to a different use requiring
25     private investment;
26         (4) Costs of the construction of public works or

 

 

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1     improvements, except that on and after November 1, 1999,
2     redevelopment project costs shall not include the cost of
3     constructing a new municipal public building principally
4     used to provide offices, storage space, or conference
5     facilities or vehicle storage, maintenance, or repair for
6     administrative, public safety, or public works personnel
7     and that is not intended to replace an existing public
8     building as provided under paragraph (3) of subsection (q)
9     of Section 11-74.4-3 unless either (i) the construction of
10     the new municipal building implements a redevelopment
11     project that was included in a redevelopment plan that was
12     adopted by the municipality prior to November 1, 1999 or
13     (ii) the municipality makes a reasonable determination in
14     the redevelopment plan, supported by information that
15     provides the basis for that determination, that the new
16     municipal building is required to meet an increase in the
17     need for public safety purposes anticipated to result from
18     the implementation of the redevelopment plan;
19         (5) Costs of job training and retraining projects,
20     including the cost of "welfare to work" programs
21     implemented by businesses located within the redevelopment
22     project area;
23         (6) Financing costs, including but not limited to all
24     necessary and incidental expenses related to the issuance
25     of obligations and which may include payment of interest on
26     any obligations issued hereunder including interest

 

 

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1     accruing during the estimated period of construction of any
2     redevelopment project for which such obligations are
3     issued and for not exceeding 36 months thereafter and
4     including reasonable reserves related thereto;
5         (7) To the extent the municipality by written agreement
6     accepts and approves the same, all or a portion of a taxing
7     district's capital costs resulting from the redevelopment
8     project necessarily incurred or to be incurred within a
9     taxing district in furtherance of the objectives of the
10     redevelopment plan and project.
11         (7.5) For redevelopment project areas designated (or
12     redevelopment project areas amended to add or increase the
13     number of tax-increment-financing assisted housing units)
14     on or after November 1, 1999, an elementary, secondary, or
15     unit school district's increased costs attributable to
16     assisted housing units located within the redevelopment
17     project area for which the developer or redeveloper
18     receives financial assistance through an agreement with
19     the municipality or because the municipality incurs the
20     cost of necessary infrastructure improvements within the
21     boundaries of the assisted housing sites necessary for the
22     completion of that housing as authorized by this Act, and
23     which costs shall be paid by the municipality from the
24     Special Tax Allocation Fund when the tax increment revenue
25     is received as a result of the assisted housing units and
26     shall be calculated annually as follows:

 

 

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1             (A) for foundation districts, excluding any school
2         district in a municipality with a population in excess
3         of 1,000,000, by multiplying the district's increase
4         in attendance resulting from the net increase in new
5         students enrolled in that school district who reside in
6         housing units within the redevelopment project area
7         that have received financial assistance through an
8         agreement with the municipality or because the
9         municipality incurs the cost of necessary
10         infrastructure improvements within the boundaries of
11         the housing sites necessary for the completion of that
12         housing as authorized by this Act since the designation
13         of the redevelopment project area by the most recently
14         available per capita tuition cost as defined in Section
15         10-20.12a of the School Code less any increase in
16         general State aid as defined in Section 18-8.05 of the
17         School Code attributable to these added new students
18         subject to the following annual limitations:
19                 (i) for unit school districts with a district
20             average 1995-96 Per Capita Tuition Charge of less
21             than $5,900, no more than 25% of the total amount
22             of property tax increment revenue produced by
23             those housing units that have received tax
24             increment finance assistance under this Act;
25                 (ii) for elementary school districts with a
26             district average 1995-96 Per Capita Tuition Charge

 

 

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1             of less than $5,900, no more than 17% of the total
2             amount of property tax increment revenue produced
3             by those housing units that have received tax
4             increment finance assistance under this Act; and
5                 (iii) for secondary school districts with a
6             district average 1995-96 Per Capita Tuition Charge
7             of less than $5,900, no more than 8% of the total
8             amount of property tax increment revenue produced
9             by those housing units that have received tax
10             increment finance assistance under this Act.
11             (B) For alternate method districts, flat grant
12         districts, and foundation districts with a district
13         average 1995-96 Per Capita Tuition Charge equal to or
14         more than $5,900, excluding any school district with a
15         population in excess of 1,000,000, by multiplying the
16         district's increase in attendance resulting from the
17         net increase in new students enrolled in that school
18         district who reside in housing units within the
19         redevelopment project area that have received
20         financial assistance through an agreement with the
21         municipality or because the municipality incurs the
22         cost of necessary infrastructure improvements within
23         the boundaries of the housing sites necessary for the
24         completion of that housing as authorized by this Act
25         since the designation of the redevelopment project
26         area by the most recently available per capita tuition

 

 

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1         cost as defined in Section 10-20.12a of the School Code
2         less any increase in general state aid as defined in
3         Section 18-8.05 of the School Code attributable to
4         these added new students subject to the following
5         annual limitations:
6                 (i) for unit school districts, no more than 40%
7             of the total amount of property tax increment
8             revenue produced by those housing units that have
9             received tax increment finance assistance under
10             this Act;
11                 (ii) for elementary school districts, no more
12             than 27% of the total amount of property tax
13             increment revenue produced by those housing units
14             that have received tax increment finance
15             assistance under this Act; and
16                 (iii) for secondary school districts, no more
17             than 13% of the total amount of property tax
18             increment revenue produced by those housing units
19             that have received tax increment finance
20             assistance under this Act.
21             (C) For any school district in a municipality with
22         a population in excess of 1,000,000, the following
23         restrictions shall apply to the reimbursement of
24         increased costs under this paragraph (7.5):
25                 (i) no increased costs shall be reimbursed
26             unless the school district certifies that each of

 

 

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1             the schools affected by the assisted housing
2             project is at or over its student capacity;
3                 (ii) the amount reimbursable shall be reduced
4             by the value of any land donated to the school
5             district by the municipality or developer, and by
6             the value of any physical improvements made to the
7             schools by the municipality or developer; and
8                 (iii) the amount reimbursed may not affect
9             amounts otherwise obligated by the terms of any
10             bonds, notes, or other funding instruments, or the
11             terms of any redevelopment agreement.
12         Any school district seeking payment under this
13         paragraph (7.5) shall, after July 1 and before
14         September 30 of each year, provide the municipality
15         with reasonable evidence to support its claim for
16         reimbursement before the municipality shall be
17         required to approve or make the payment to the school
18         district. If the school district fails to provide the
19         information during this period in any year, it shall
20         forfeit any claim to reimbursement for that year.
21         School districts may adopt a resolution waiving the
22         right to all or a portion of the reimbursement
23         otherwise required by this paragraph (7.5). By
24         acceptance of this reimbursement the school district
25         waives the right to directly or indirectly set aside,
26         modify, or contest in any manner the establishment of

 

 

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1         the redevelopment project area or projects;
2         (7.7) For redevelopment project areas designated (or
3     redevelopment project areas amended to add or increase the
4     number of tax-increment-financing assisted housing units)
5     on or after January 1, 2005 (the effective date of Public
6     Act 93-961), a public library district's increased costs
7     attributable to assisted housing units located within the
8     redevelopment project area for which the developer or
9     redeveloper receives financial assistance through an
10     agreement with the municipality or because the
11     municipality incurs the cost of necessary infrastructure
12     improvements within the boundaries of the assisted housing
13     sites necessary for the completion of that housing as
14     authorized by this Act shall be paid to the library
15     district by the municipality from the Special Tax
16     Allocation Fund when the tax increment revenue is received
17     as a result of the assisted housing units. This paragraph
18     (7.7) applies only if (i) the library district is located
19     in a county that is subject to the Property Tax Extension
20     Limitation Law or (ii) the library district is not located
21     in a county that is subject to the Property Tax Extension
22     Limitation Law but the district is prohibited by any other
23     law from increasing its tax levy rate without a prior voter
24     referendum.
25         The amount paid to a library district under this
26     paragraph (7.7) shall be calculated by multiplying (i) the

 

 

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1     net increase in the number of persons eligible to obtain a
2     library card in that district who reside in housing units
3     within the redevelopment project area that have received
4     financial assistance through an agreement with the
5     municipality or because the municipality incurs the cost of
6     necessary infrastructure improvements within the
7     boundaries of the housing sites necessary for the
8     completion of that housing as authorized by this Act since
9     the designation of the redevelopment project area by (ii)
10     the per-patron cost of providing library services so long
11     as it does not exceed $120. The per-patron cost shall be
12     the Total Operating Expenditures Per Capita as stated in
13     the most recent Illinois Public Library Statistics
14     produced by the Library Research Center at the University
15     of Illinois. The municipality may deduct from the amount
16     that it must pay to a library district under this paragraph
17     any amount that it has voluntarily paid to the library
18     district from the tax increment revenue. The amount paid to
19     a library district under this paragraph (7.7) shall be no
20     more than 2% of the amount produced by the assisted housing
21     units and deposited into the Special Tax Allocation Fund.
22         A library district is not eligible for any payment
23     under this paragraph (7.7) unless the library district has
24     experienced an increase in the number of patrons from the
25     municipality that created the tax-increment-financing
26     district since the designation of the redevelopment

 

 

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1     project area.
2         Any library district seeking payment under this
3     paragraph (7.7) shall, after July 1 and before September 30
4     of each year, provide the municipality with convincing
5     evidence to support its claim for reimbursement before the
6     municipality shall be required to approve or make the
7     payment to the library district. If the library district
8     fails to provide the information during this period in any
9     year, it shall forfeit any claim to reimbursement for that
10     year. Library districts may adopt a resolution waiving the
11     right to all or a portion of the reimbursement otherwise
12     required by this paragraph (7.7). By acceptance of such
13     reimbursement, the library district shall forfeit any
14     right to directly or indirectly set aside, modify, or
15     contest in any manner whatsoever the establishment of the
16     redevelopment project area or projects;
17         (8) Relocation costs to the extent that a municipality
18     determines that relocation costs shall be paid or is
19     required to make payment of relocation costs by federal or
20     State law or in order to satisfy subparagraph (7) of
21     subsection (n);
22         (9) Payment in lieu of taxes;
23         (10) Costs of job training, retraining, advanced
24     vocational education or career education, including but
25     not limited to courses in occupational, semi-technical or
26     technical fields leading directly to employment, incurred

 

 

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1     by one or more taxing districts, provided that such costs
2     (i) are related to the establishment and maintenance of
3     additional job training, advanced vocational education or
4     career education programs for persons employed or to be
5     employed by employers located in a redevelopment project
6     area; and (ii) when incurred by a taxing district or taxing
7     districts other than the municipality, are set forth in a
8     written agreement by or among the municipality and the
9     taxing district or taxing districts, which agreement
10     describes the program to be undertaken, including but not
11     limited to the number of employees to be trained, a
12     description of the training and services to be provided,
13     the number and type of positions available or to be
14     available, itemized costs of the program and sources of
15     funds to pay for the same, and the term of the agreement.
16     Such costs include, specifically, the payment by community
17     college districts of costs pursuant to Sections 3-37, 3-38,
18     3-40 and 3-40.1 of the Public Community College Act and by
19     school districts of costs pursuant to Sections 10-22.20a
20     and 10-23.3a of The School Code;
21         (11) Interest cost incurred by a redeveloper related to
22     the construction, renovation or rehabilitation of a
23     redevelopment project provided that:
24             (A) such costs are to be paid directly from the
25         special tax allocation fund established pursuant to
26         this Act;

 

 

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1             (B) such payments in any one year may not exceed
2         30% of the annual interest costs incurred by the
3         redeveloper with regard to the redevelopment project
4         during that year;
5             (C) if there are not sufficient funds available in
6         the special tax allocation fund to make the payment
7         pursuant to this paragraph (11) then the amounts so due
8         shall accrue and be payable when sufficient funds are
9         available in the special tax allocation fund;
10             (D) the total of such interest payments paid
11         pursuant to this Act may not exceed 30% of the total
12         (i) cost paid or incurred by the redeveloper for the
13         redevelopment project plus (ii) redevelopment project
14         costs excluding any property assembly costs and any
15         relocation costs incurred by a municipality pursuant
16         to this Act; and
17             (E) the cost limits set forth in subparagraphs (B)
18         and (D) of paragraph (11) shall be modified for the
19         financing of rehabilitated or new housing units for
20         low-income households and very low-income households,
21         as defined in Section 3 of the Illinois Affordable
22         Housing Act. The percentage of 75% shall be substituted
23         for 30% in subparagraphs (B) and (D) of paragraph (11).
24             (F) Instead of the eligible costs provided by
25         subparagraphs (B) and (D) of paragraph (11), as
26         modified by this subparagraph, and notwithstanding any

 

 

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1         other provisions of this Act to the contrary, the
2         municipality may pay from tax increment revenues up to
3         50% of the cost of construction of new housing units to
4         be occupied by low-income households and very
5         low-income households as defined in Section 3 of the
6         Illinois Affordable Housing Act. The cost of
7         construction of those units may be derived from the
8         proceeds of bonds issued by the municipality under this
9         Act or other constitutional or statutory authority or
10         from other sources of municipal revenue that may be
11         reimbursed from tax increment revenues or the proceeds
12         of bonds issued to finance the construction of that
13         housing.
14             The eligible costs provided under this
15         subparagraph (F) of paragraph (11) shall be an eligible
16         cost for the construction, renovation, and
17         rehabilitation of all low and very low-income housing
18         units, as defined in Section 3 of the Illinois
19         Affordable Housing Act, within the redevelopment
20         project area. If the low and very low-income units are
21         part of a residential redevelopment project that
22         includes units not affordable to low and very
23         low-income households, only the low and very
24         low-income units shall be eligible for benefits under
25         subparagraph (F) of paragraph (11). The standards for
26         maintaining the occupancy by low-income households and

 

 

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1         very low-income households, as defined in Section 3 of
2         the Illinois Affordable Housing Act, of those units
3         constructed with eligible costs made available under
4         the provisions of this subparagraph (F) of paragraph
5         (11) shall be established by guidelines adopted by the
6         municipality. The responsibility for annually
7         documenting the initial occupancy of the units by
8         low-income households and very low-income households,
9         as defined in Section 3 of the Illinois Affordable
10         Housing Act, shall be that of the then current owner of
11         the property. For ownership units, the guidelines will
12         provide, at a minimum, for a reasonable recapture of
13         funds, or other appropriate methods designed to
14         preserve the original affordability of the ownership
15         units. For rental units, the guidelines will provide,
16         at a minimum, for the affordability of rent to low and
17         very low-income households. As units become available,
18         they shall be rented to income-eligible tenants. The
19         municipality may modify these guidelines from time to
20         time; the guidelines, however, shall be in effect for
21         as long as tax increment revenue is being used to pay
22         for costs associated with the units or for the
23         retirement of bonds issued to finance the units or for
24         the life of the redevelopment project area, whichever
25         is later.
26         (11.5) If the redevelopment project area is located

 

 

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1     within a municipality with a population of more than
2     100,000, the cost of day care services for children of
3     employees from low-income families working for businesses
4     located within the redevelopment project area and all or a
5     portion of the cost of operation of day care centers
6     established by redevelopment project area businesses to
7     serve employees from low-income families working in
8     businesses located in the redevelopment project area. For
9     the purposes of this paragraph, "low-income families"
10     means families whose annual income does not exceed 80% of
11     the municipal, county, or regional median income, adjusted
12     for family size, as the annual income and municipal,
13     county, or regional median income are determined from time
14     to time by the United States Department of Housing and
15     Urban Development.
16         (12) Unless explicitly stated herein the cost of
17     construction of new privately-owned buildings shall not be
18     an eligible redevelopment project cost.
19         (13) After November 1, 1999 (the effective date of
20     Public Act 91-478), none of the redevelopment project costs
21     enumerated in this subsection shall be eligible
22     redevelopment project costs if those costs would provide
23     direct financial support to a retail entity initiating
24     operations in the redevelopment project area while
25     terminating operations at another Illinois location within
26     10 miles of the redevelopment project area but outside the

 

 

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1     boundaries of the redevelopment project area municipality.
2     For purposes of this paragraph, termination means a closing
3     of a retail operation that is directly related to the
4     opening of the same operation or like retail entity owned
5     or operated by more than 50% of the original ownership in a
6     redevelopment project area, but it does not mean closing an
7     operation for reasons beyond the control of the retail
8     entity, as documented by the retail entity, subject to a
9     reasonable finding by the municipality that the current
10     location contained inadequate space, had become
11     economically obsolete, or was no longer a viable location
12     for the retailer or serviceman.
13     If a special service area has been established pursuant to
14 the Special Service Area Tax Act or Special Service Area Tax
15 Law, then any tax increment revenues derived from the tax
16 imposed pursuant to the Special Service Area Tax Act or Special
17 Service Area Tax Law may be used within the redevelopment
18 project area for the purposes permitted by that Act or Law as
19 well as the purposes permitted by this Act.
20     (r) "State Sales Tax Boundary" means the redevelopment
21 project area or the amended redevelopment project area
22 boundaries which are determined pursuant to subsection (9) of
23 Section 11-74.4-8a of this Act. The Department of Revenue shall
24 certify pursuant to subsection (9) of Section 11-74.4-8a the
25 appropriate boundaries eligible for the determination of State
26 Sales Tax Increment.

 

 

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1     (s) "State Sales Tax Increment" means an amount equal to
2 the increase in the aggregate amount of taxes paid by retailers
3 and servicemen, other than retailers and servicemen subject to
4 the Public Utilities Act, on transactions at places of business
5 located within a State Sales Tax Boundary pursuant to the
6 Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
7 Tax Act, and the Service Occupation Tax Act, except such
8 portion of such increase that is paid into the State and Local
9 Sales Tax Reform Fund, the Local Government Distributive Fund,
10 the Local Government Tax Fund and the County and Mass Transit
11 District Fund, for as long as State participation exists, over
12 and above the Initial Sales Tax Amounts, Adjusted Initial Sales
13 Tax Amounts or the Revised Initial Sales Tax Amounts for such
14 taxes as certified by the Department of Revenue and paid under
15 those Acts by retailers and servicemen on transactions at
16 places of business located within the State Sales Tax Boundary
17 during the base year which shall be the calendar year
18 immediately prior to the year in which the municipality adopted
19 tax increment allocation financing, less 3.0% of such amounts
20 generated under the Retailers' Occupation Tax Act, Use Tax Act
21 and Service Use Tax Act and the Service Occupation Tax Act,
22 which sum shall be appropriated to the Department of Revenue to
23 cover its costs of administering and enforcing this Section.
24 For purposes of computing the aggregate amount of such taxes
25 for base years occurring prior to 1985, the Department of
26 Revenue shall compute the Initial Sales Tax Amount for such

 

 

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1 taxes and deduct therefrom an amount equal to 4% of the
2 aggregate amount of taxes per year for each year the base year
3 is prior to 1985, but not to exceed a total deduction of 12%.
4 The amount so determined shall be known as the "Adjusted
5 Initial Sales Tax Amount". For purposes of determining the
6 State Sales Tax Increment the Department of Revenue shall for
7 each period subtract from the tax amounts received from
8 retailers and servicemen on transactions located in the State
9 Sales Tax Boundary, the certified Initial Sales Tax Amounts,
10 Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
11 Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
12 the Service Use Tax Act and the Service Occupation Tax Act. For
13 the State Fiscal Year 1989 this calculation shall be made by
14 utilizing the calendar year 1987 to determine the tax amounts
15 received. For the State Fiscal Year 1990, this calculation
16 shall be made by utilizing the period from January 1, 1988,
17 until September 30, 1988, to determine the tax amounts received
18 from retailers and servicemen, which shall have deducted
19 therefrom nine-twelfths of the certified Initial Sales Tax
20 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
21 Initial Sales Tax Amounts as appropriate. For the State Fiscal
22 Year 1991, this calculation shall be made by utilizing the
23 period from October 1, 1988, until June 30, 1989, to determine
24 the tax amounts received from retailers and servicemen, which
25 shall have deducted therefrom nine-twelfths of the certified
26 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax

 

 

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1 Amounts or the Revised Initial Sales Tax Amounts as
2 appropriate. For every State Fiscal Year thereafter, the
3 applicable period shall be the 12 months beginning July 1 and
4 ending on June 30, to determine the tax amounts received which
5 shall have deducted therefrom the certified Initial Sales Tax
6 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
7 Initial Sales Tax Amounts. Municipalities intending to receive
8 a distribution of State Sales Tax Increment must report a list
9 of retailers to the Department of Revenue by October 31, 1988
10 and by July 31, of each year thereafter.
11     (t) "Taxing districts" means counties, townships, cities
12 and incorporated towns and villages, school, road, park,
13 sanitary, mosquito abatement, forest preserve, public health,
14 fire protection, river conservancy, tuberculosis sanitarium
15 and any other municipal corporations or districts with the
16 power to levy taxes.
17     (u) "Taxing districts' capital costs" means those costs of
18 taxing districts for capital improvements that are found by the
19 municipal corporate authorities to be necessary and directly
20 result from the redevelopment project.
21     (v) As used in subsection (a) of Section 11-74.4-3 of this
22 Act, "vacant land" means any parcel or combination of parcels
23 of real property without industrial, commercial, and
24 residential buildings which has not been used for commercial
25 agricultural purposes within 5 years prior to the designation
26 of the redevelopment project area, unless the parcel is

 

 

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1 included in an industrial park conservation area or the parcel
2 has been subdivided; provided that if the parcel was part of a
3 larger tract that has been divided into 3 or more smaller
4 tracts that were accepted for recording during the period from
5 1950 to 1990, then the parcel shall be deemed to have been
6 subdivided, and all proceedings and actions of the municipality
7 taken in that connection with respect to any previously
8 approved or designated redevelopment project area or amended
9 redevelopment project area are hereby validated and hereby
10 declared to be legally sufficient for all purposes of this Act.
11 For purposes of this Section and only for land subject to the
12 subdivision requirements of the Plat Act, land is subdivided
13 when the original plat of the proposed Redevelopment Project
14 Area or relevant portion thereof has been properly certified,
15 acknowledged, approved, and recorded or filed in accordance
16 with the Plat Act and a preliminary plat, if any, for any
17 subsequent phases of the proposed Redevelopment Project Area or
18 relevant portion thereof has been properly approved and filed
19 in accordance with the applicable ordinance of the
20 municipality.
21     (w) "Annual Total Increment" means the sum of each
22 municipality's annual Net Sales Tax Increment and each
23 municipality's annual Net Utility Tax Increment. The ratio of
24 the Annual Total Increment of each municipality to the Annual
25 Total Increment for all municipalities, as most recently
26 calculated by the Department, shall determine the proportional

 

 

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1 shares of the Illinois Tax Increment Fund to be distributed to
2 each municipality.
3 (Source: P.A. 94-260, eff. 7-19-05; 94-268, eff. 7-19-05;
4 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff.
5 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff.
6 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810,
7 eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07;
8 94-1092, eff. 1-26-07; 95-15, eff. 7-16-07; 95-164, eff.
9 1-1-08; 95-331, eff. 8-21-07; 95-346, eff. 8-21-07; 95-459,
10 eff. 8-27-07; 95-653, eff. 1-1-08; 95-662, eff. 10-11-07;
11 95-683, eff. 10-19-07; 95-709, eff. 1-29-08; revised 1-31-08.)
 
12     (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
13     Sec. 11-74.4-7. Obligations secured by the special tax
14 allocation fund set forth in Section 11-74.4-8 for the
15 redevelopment project area may be issued to provide for
16 redevelopment project costs. Such obligations, when so issued,
17 shall be retired in the manner provided in the ordinance
18 authorizing the issuance of such obligations by the receipts of
19 taxes levied as specified in Section 11-74.4-9 against the
20 taxable property included in the area, by revenues as specified
21 by Section 11-74.4-8a and other revenue designated by the
22 municipality. A municipality may in the ordinance pledge all or
23 any part of the funds in and to be deposited in the special tax
24 allocation fund created pursuant to Section 11-74.4-8 to the
25 payment of the redevelopment project costs and obligations. Any

 

 

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1 pledge of funds in the special tax allocation fund shall
2 provide for distribution to the taxing districts and to the
3 Illinois Department of Revenue of moneys not required, pledged,
4 earmarked, or otherwise designated for payment and securing of
5 the obligations and anticipated redevelopment project costs
6 and such excess funds shall be calculated annually and deemed
7 to be "surplus" funds. In the event a municipality only applies
8 or pledges a portion of the funds in the special tax allocation
9 fund for the payment or securing of anticipated redevelopment
10 project costs or of obligations, any such funds remaining in
11 the special tax allocation fund after complying with the
12 requirements of the application or pledge, shall also be
13 calculated annually and deemed "surplus" funds. All surplus
14 funds in the special tax allocation fund shall be distributed
15 annually within 180 days after the close of the municipality's
16 fiscal year by being paid by the municipal treasurer to the
17 County Collector, to the Department of Revenue and to the
18 municipality in direct proportion to the tax incremental
19 revenue received as a result of an increase in the equalized
20 assessed value of property in the redevelopment project area,
21 tax incremental revenue received from the State and tax
22 incremental revenue received from the municipality, but not to
23 exceed as to each such source the total incremental revenue
24 received from that source. The County Collector shall
25 thereafter make distribution to the respective taxing
26 districts in the same manner and proportion as the most recent

 

 

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1 distribution by the county collector to the affected districts
2 of real property taxes from real property in the redevelopment
3 project area.
4     Without limiting the foregoing in this Section, the
5 municipality may in addition to obligations secured by the
6 special tax allocation fund pledge for a period not greater
7 than the term of the obligations towards payment of such
8 obligations any part or any combination of the following: (a)
9 net revenues of all or part of any redevelopment project; (b)
10 taxes levied and collected on any or all property in the
11 municipality; (c) the full faith and credit of the
12 municipality; (d) a mortgage on part or all of the
13 redevelopment project; or (e) any other taxes or anticipated
14 receipts that the municipality may lawfully pledge.
15     Such obligations may be issued in one or more series
16 bearing interest at such rate or rates as the corporate
17 authorities of the municipality shall determine by ordinance.
18 Such obligations shall bear such date or dates, mature at such
19 time or times not exceeding 20 years from their respective
20 dates, be in such denomination, carry such registration
21 privileges, be executed in such manner, be payable in such
22 medium of payment at such place or places, contain such
23 covenants, terms and conditions, and be subject to redemption
24 as such ordinance shall provide. Obligations issued pursuant to
25 this Act may be sold at public or private sale at such price as
26 shall be determined by the corporate authorities of the

 

 

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1 municipalities. No referendum approval of the electors shall be
2 required as a condition to the issuance of obligations pursuant
3 to this Division except as provided in this Section.
4     In the event the municipality authorizes issuance of
5 obligations pursuant to the authority of this Division secured
6 by the full faith and credit of the municipality, which
7 obligations are other than obligations which may be issued
8 under home rule powers provided by Article VII, Section 6 of
9 the Illinois Constitution, or pledges taxes pursuant to (b) or
10 (c) of the second paragraph of this section, the ordinance
11 authorizing the issuance of such obligations or pledging such
12 taxes shall be published within 10 days after such ordinance
13 has been passed in one or more newspapers, with general
14 circulation within such municipality. The publication of the
15 ordinance shall be accompanied by a notice of (1) the specific
16 number of voters required to sign a petition requesting the
17 question of the issuance of such obligations or pledging taxes
18 to be submitted to the electors; (2) the time in which such
19 petition must be filed; and (3) the date of the prospective
20 referendum. The municipal clerk shall provide a petition form
21 to any individual requesting one.
22     If no petition is filed with the municipal clerk, as
23 hereinafter provided in this Section, within 30 days after the
24 publication of the ordinance, the ordinance shall be in effect.
25 But, if within that 30 day period a petition is filed with the
26 municipal clerk, signed by electors in the municipality

 

 

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1 numbering 10% or more of the number of registered voters in the
2 municipality, asking that the question of issuing obligations
3 using full faith and credit of the municipality as security for
4 the cost of paying for redevelopment project costs, or of
5 pledging taxes for the payment of such obligations, or both, be
6 submitted to the electors of the municipality, the corporate
7 authorities of the municipality shall call a special election
8 in the manner provided by law to vote upon that question, or,
9 if a general, State or municipal election is to be held within
10 a period of not less than 30 or more than 90 days from the date
11 such petition is filed, shall submit the question at the next
12 general, State or municipal election. If it appears upon the
13 canvass of the election by the corporate authorities that a
14 majority of electors voting upon the question voted in favor
15 thereof, the ordinance shall be in effect, but if a majority of
16 the electors voting upon the question are not in favor thereof,
17 the ordinance shall not take effect.
18     The ordinance authorizing the obligations may provide that
19 the obligations shall contain a recital that they are issued
20 pursuant to this Division, which recital shall be conclusive
21 evidence of their validity and of the regularity of their
22 issuance.
23     In the event the municipality authorizes issuance of
24 obligations pursuant to this Section secured by the full faith
25 and credit of the municipality, the ordinance authorizing the
26 obligations may provide for the levy and collection of a direct

 

 

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1 annual tax upon all taxable property within the municipality
2 sufficient to pay the principal thereof and interest thereon as
3 it matures, which levy may be in addition to and exclusive of
4 the maximum of all other taxes authorized to be levied by the
5 municipality, which levy, however, shall be abated to the
6 extent that monies from other sources are available for payment
7 of the obligations and the municipality certifies the amount of
8 said monies available to the county clerk.
9     A certified copy of such ordinance shall be filed with the
10 county clerk of each county in which any portion of the
11 municipality is situated, and shall constitute the authority
12 for the extension and collection of the taxes to be deposited
13 in the special tax allocation fund.
14     A municipality may also issue its obligations to refund in
15 whole or in part, obligations theretofore issued by such
16 municipality under the authority of this Act, whether at or
17 prior to maturity, provided however, that the last maturity of
18 the refunding obligations shall not be expressed to mature
19 later than December 31 of the year in which the payment to the
20 municipal treasurer as provided in subsection (b) of Section
21 11-74.4-8 of this Act is to be made with respect to ad valorem
22 taxes levied in the twenty-third calendar year after the year
23 in which the ordinance approving the redevelopment project area
24 is adopted if the ordinance was adopted on or after January 15,
25 1981, not later than December 31 of the year in which the
26 payment to the municipal treasurer as provided in subsection

 

 

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1 (b) of Section 11-74.4-8 of this Act is to be made with respect
2 to ad valorem taxes levied in the thirty-third calendar year
3 after the year in which the ordinance approving the
4 redevelopment project area if the ordinance was adopted on May
5 20, 1985 by the Village of Wheeling, and not later than
6 December 31 of the year in which the payment to the municipal
7 treasurer as provided in subsection (b) of Section 11-74.4-8 of
8 this Act is to be made with respect to ad valorem taxes levied
9 in the thirty-fifth calendar year after the year in which the
10 ordinance approving the redevelopment project area is adopted
11 (A) if the ordinance was adopted before January 15, 1981, or
12 (B) if the ordinance was adopted in December 1983, April 1984,
13 July 1985, or December 1989, or (C) if the ordinance was
14 adopted in December, 1987 and the redevelopment project is
15 located within one mile of Midway Airport, or (D) if the
16 ordinance was adopted before January 1, 1987 by a municipality
17 in Mason County, or (E) if the municipality is subject to the
18 Local Government Financial Planning and Supervision Act or the
19 Financially Distressed City Law, or (F) if the ordinance was
20 adopted in December 1984 by the Village of Rosemont, or (G) if
21 the ordinance was adopted on December 31, 1986 by a
22 municipality located in Clinton County for which at least
23 $250,000 of tax increment bonds were authorized on June 17,
24 1997, or if the ordinance was adopted on December 31, 1986 by a
25 municipality with a population in 1990 of less than 3,600 that
26 is located in a county with a population in 1990 of less than

 

 

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1 34,000 and for which at least $250,000 of tax increment bonds
2 were authorized on June 17, 1997, or (H) if the ordinance was
3 adopted on October 5, 1982 by the City of Kankakee, or (I) if
4 the ordinance was adopted on December 29, 1986 by East St.
5 Louis, or if the ordinance was adopted on November 12, 1991 by
6 the Village of Sauget, or (J) if the ordinance was adopted on
7 February 11, 1985 by the City of Rock Island, or (K) if the
8 ordinance was adopted before December 18, 1986 by the City of
9 Moline, or (L) if the ordinance was adopted in September 1988
10 by Sauk Village, or (M) if the ordinance was adopted in October
11 1993 by Sauk Village, or (N) if the ordinance was adopted on
12 December 29, 1986 by the City of Galva, or (O) if the ordinance
13 was adopted in March 1991 by the City of Centreville, or (P) if
14 the ordinance was adopted on January 23, 1991 by the City of
15 East St. Louis, or (Q) if the ordinance was adopted on December
16 22, 1986 by the City of Aledo, or (R) if the ordinance was
17 adopted on February 5, 1990 by the City of Clinton, or (S) if
18 the ordinance was adopted on September 6, 1994 by the City of
19 Freeport, or (T) if the ordinance was adopted on December 22,
20 1986 by the City of Tuscola, or (U) if the ordinance was
21 adopted on December 23, 1986 by the City of Sparta, or (V) if
22 the ordinance was adopted on December 23, 1986 by the City of
23 Beardstown, or (W) if the ordinance was adopted on April 27,
24 1981, October 21, 1985, or December 30, 1986 by the City of
25 Belleville, or (X) if the ordinance was adopted on December 29,
26 1986 by the City of Collinsville, or (Y) if the ordinance was

 

 

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1 adopted on September 14, 1994 by the City of Alton, or (Z) if
2 the ordinance was adopted on November 11, 1996 by the City of
3 Lexington, or (AA) if the ordinance was adopted on November 5,
4 1984 by the City of LeRoy, or (BB) if the ordinance was adopted
5 on April 3, 1991 or June 3, 1992 by the City of Markham, or (CC)
6 if the ordinance was adopted on November 11, 1986 by the City
7 of Pekin, or (DD) if the ordinance was adopted on December 15,
8 1981 by the City of Champaign, or (EE) if the ordinance was
9 adopted on December 15, 1986 by the City of Urbana, or (FF) if
10 the ordinance was adopted on December 15, 1986 by the Village
11 of Heyworth, or (GG) if the ordinance was adopted on February
12 24, 1992 by the Village of Heyworth, or (HH) if the ordinance
13 was adopted on March 16, 1995 by the Village of Heyworth, or
14 (II) if the ordinance was adopted on December 23, 1986 by the
15 Town of Cicero, or (JJ) if the ordinance was adopted on
16 December 30, 1986 by the City of Effingham, or (KK) if the
17 ordinance was adopted on May 9, 1991 by the Village of Tilton,
18 or (LL) if the ordinance was adopted on October 20, 1986 by the
19 City of Elmhurst, or (MM) if the ordinance was adopted on
20 January 19, 1988 by the City of Waukegan, or (NN) if the
21 ordinance was adopted on September 21, 1998 by the City of
22 Waukegan, or (OO) if the ordinance was adopted on December 31,
23 1986 by the City of Sullivan, or (PP) if the ordinance was
24 adopted on December 23, 1991 by the City of Sullivan, or (QQ)
25 if the ordinance was adopted on December 31, 1986 by the City
26 of Oglesby, or (RR) if the ordinance was adopted on July 28,

 

 

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1 1987 by the City of Marion, or (SS) if the ordinance was
2 adopted on April 23, 1990 by the City of Marion, or (TT) if the
3 ordinance was adopted on August 20, 1985 by the Village of
4 Mount Prospect, or (UU) if the ordinance was adopted on
5 February 2, 1998 by the Village of Woodhull, or (VV) if the
6 ordinance was adopted on April 20, 1993 by the Village of
7 Princeville, or (WW) if the ordinance was adopted on July 1,
8 1986 by the City of Granite City, or (XX) if the ordinance was
9 adopted on February 2, 1989 by the Village of Lombard, or (YY)
10 if the ordinance was adopted on December 29, 1986 by the
11 Village of Gardner, or (ZZ) if the ordinance was adopted on
12 July 14, 1999 by the Village of Paw Paw, or (AAA) if the
13 ordinance was adopted on November 17, 1986 by the Village of
14 Franklin Park, or (BBB) if the ordinance was adopted on
15 November 20, 1989 by the Village of South Holland, or (CCC) if
16 the ordinance was adopted on July 14, 1992 by the Village of
17 Riverdale, or DDD (CCC) if the ordinance was adopted on
18 December 29, 1986 by the City of Galesburg, or (EEE) (DDD) if
19 the ordinance was adopted on April 1, 1985 by the City of
20 Galesburg, or (FFF) (CCC) if the ordinance was adopted on May
21 21, 1990 by the City of West Chicago, or (GGG) (CCC) if the
22 ordinance was adopted on December 16, 1986 by the City of Oak
23 Forest, or, (HHH) (AAA) if the ordinance was adopted in 1999 by
24 the City of Villa Grove, or (III) (CCC) if the ordinance was
25 adopted on January 13, 1987 by the Village of Mt. Zion, or
26 (JJJ) (CCC) if the ordinance was adopted on December 30, 1986

 

 

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1 by the Village of Manteno, or (KKK) (DDD) if the ordinance was
2 adopted on April 3, 1989 by the City of Chicago Heights, or
3 (LLL) (EEE) if the ordinance was adopted on January 6, 1999 by
4 the Village of Rosemont, or (MMM) (FFF) if the ordinance was
5 adopted on December 19, 2000 by the Village of Stone Park, or
6 (NNN) (CCC) if the ordinance was adopted on December 22, 1986
7 by the City of DeKalb; or (OOO) if the ordinance was adopted on
8 September 8, 1994 by the City of West Frankfort and, for
9 redevelopment project areas for which bonds were issued before
10 July 29, 1991, in connection with a redevelopment project in
11 the area within the State Sales Tax Boundary and which were
12 extended by municipal ordinance under subsection (n) of Section
13 11-74.4-3, the last maturity of the refunding obligations shall
14 not be expressed to mature later than the date on which the
15 redevelopment project area is terminated or December 31, 2013,
16 whichever date occurs first.
17     In the event a municipality issues obligations under home
18 rule powers or other legislative authority the proceeds of
19 which are pledged to pay for redevelopment project costs, the
20 municipality may, if it has followed the procedures in
21 conformance with this division, retire said obligations from
22 funds in the special tax allocation fund in amounts and in such
23 manner as if such obligations had been issued pursuant to the
24 provisions of this division.
25     All obligations heretofore or hereafter issued pursuant to
26 this Act shall not be regarded as indebtedness of the

 

 

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1 municipality issuing such obligations or any other taxing
2 district for the purpose of any limitation imposed by law.
3 (Source: P.A. 94-260, eff. 7-19-05; 94-297, eff. 7-21-05;
4 94-302, eff. 7-21-05; 94-702, eff. 6-1-06; 94-704, eff.
5 12-5-05; 94-711, eff. 6-1-06; 94-778, eff. 5-19-06; 94-782,
6 eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, eff. 5-26-06;
7 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07; 94-1092, eff.
8 1-26-07; 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331, eff.
9 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07; 95-653,
10 eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff. 10-19-07;
11 95-709, eff. 1-29-08; revised 1-31-08.)