|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2258 Introduced 2/15/2013, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 15 ILCS 405/30 new | | 35 ILCS 200/20-15 | | 65 ILCS 5/8-8-3 | from Ch. 24, par. 8-8-3 | 65 ILCS 5/8-8-3.5 | | 65 ILCS 5/11-74.4-3 | from Ch. 24, par. 11-74.4-3 | 65 ILCS 5/11-74.4-3.5 | | 65 ILCS 5/11-74.4-4 | from Ch. 24, par. 11-74.4-4 | 65 ILCS 5/11-74.4-5 | from Ch. 24, par. 11-74.4-5 | 65 ILCS 5/11-74.6-15 | | 65 ILCS 5/11-74.6-22 | |
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Amends the State Comptroller Act. Adds a provision allowing the Comptroller to establish and conduct a training and certification program for Tax Increment Finance administrators. Sets forth requirements of the program. Amends the Property Tax Code. Requires the name and identification number of a redevelopment project area where the property is located and a State Internet website address with information on tax increment financing to be printed on specified bills. Amends the Illinois Municipal Code. Provides that on and after January 1, 2014, the State Comptroller must post on its website specified information. Sets forth the requirements for the posting, daily charges for delinquent reports, times for filing reports, and extensions. Amends the Industrial Jobs Recovery Law of the Illinois Municipal Code. Provides that a municipality must electronically submit financial statements for each redevelopment project area. Further provides that, for each redevelopment project area, municipalities must also submit a list of all intergovernmental agreements in effect and an accounting of any moneys transferred or received by the municipality during that fiscal year pursuant to those intergovernmental agreements. Makes other changes. Effective January 1, 2014.
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| | A BILL FOR |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Comptroller Act is amended by adding |
5 | | Section 30 as follows: |
6 | | (15 ILCS 405/30 new) |
7 | | Sec. 30. Tax Increment Finance administrator training. |
8 | | (a) The Comptroller, in consultation with the State |
9 | | Comptroller Local Government Advisory Board, shall establish |
10 | | and cause to be conducted a training program for Tax Increment |
11 | | Finance administrators. In the case of any administrator who |
12 | | fails to satisfactorily complete the training program, the |
13 | | Comptroller shall so notify the municipal clerk or other |
14 | | elected official in the municipality in which that |
15 | | administrator is employed who shall notify the corporate |
16 | | authorities of the municipality within 30 days. |
17 | | (b) The Comptroller shall establish a curriculum, which |
18 | | must include, but is not limited to, State reporting |
19 | | requirements, State law and regulation concerning the use of |
20 | | prevailing wage in redevelopment project areas, and eligible |
21 | | redevelopment project costs. |
22 | | Section 10. The Property Tax Code is amended by changing |
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1 | | Section 20-15 as follows:
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2 | | (35 ILCS 200/20-15)
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3 | | Sec. 20-15. Information on bill or separate statement. |
4 | | There shall be
printed on each bill, or on a separate slip |
5 | | which shall be mailed with the
bill:
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6 | | (a) a statement itemizing the rate at which taxes have |
7 | | been extended for
each of the taxing districts in the |
8 | | county in whose district the property is
located, and in |
9 | | those counties utilizing
electronic data processing |
10 | | equipment the dollar amount of tax due from the
person |
11 | | assessed allocable to each of those taxing districts, |
12 | | including a
separate statement of the dollar amount of tax |
13 | | due which is allocable to a tax
levied under the Illinois |
14 | | Local Library Act or to any other tax levied by a
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15 | | municipality or township for public library purposes,
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16 | | (b) a separate statement for each of the taxing |
17 | | districts of the dollar
amount of tax due which is |
18 | | allocable to a tax levied under the Illinois Pension
Code |
19 | | or to any other tax levied by a municipality or township |
20 | | for public
pension or retirement purposes,
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21 | | (c) the total tax rate,
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22 | | (d) the total amount of tax due, and
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23 | | (e) the amount by which the total tax and the tax |
24 | | allocable to each taxing
district differs from the |
25 | | taxpayer's last prior tax bill , .
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1 | | (f) the name and identification number of the |
2 | | redevelopment project area where the property is located, |
3 | | if applicable, and |
4 | | (g) a State Internet website address where taxpayers |
5 | | can access information about tax increment financing and |
6 | | redevelopment project areas. |
7 | | The county treasurer shall ensure that only those taxing |
8 | | districts in
which a parcel of property is located shall be |
9 | | listed on the bill for that
property.
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10 | | In all counties the statement shall also provide:
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11 | | (1) the property index number or other suitable |
12 | | description,
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13 | | (2) the assessment of the property,
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14 | | (3) the equalization factors imposed by the county and |
15 | | by the Department,
and
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16 | | (4) the equalized assessment resulting from the |
17 | | application of the
equalization factors to the basic |
18 | | assessment.
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19 | | In all counties which do not classify property for purposes |
20 | | of taxation, for
property on which a single family residence is |
21 | | situated the statement shall
also include a statement to |
22 | | reflect the fair cash value determined for the
property. In all |
23 | | counties which classify property for purposes of taxation in
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24 | | accordance with Section 4 of Article IX of the Illinois |
25 | | Constitution, for
parcels of residential property in the lowest |
26 | | assessment classification the
statement shall also include a |
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1 | | statement to reflect the fair cash value
determined for the |
2 | | property.
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3 | | In all counties, the statement must include information |
4 | | that certain
taxpayers may be eligible for tax exemptions, |
5 | | abatements, and other assistance programs and that, for more |
6 | | information, taxpayers should consult with the office of their |
7 | | township or county assessor and with the Illinois Department of |
8 | | Revenue.
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9 | | In all counties, the statement shall include information |
10 | | that certain
taxpayers may be eligible for the Senior Citizens |
11 | | and Disabled Persons Property
Tax Relief Act and that |
12 | | applications are
available from the Illinois Department on |
13 | | Aging.
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14 | | In counties which use the estimated or accelerated billing |
15 | | methods, these
statements shall only be provided with the final |
16 | | installment of taxes due. The
provisions of this Section create |
17 | | a mandatory statutory duty. They are not
merely directory or |
18 | | discretionary. The failure or neglect of the collector to
mail |
19 | | the bill, or the failure of the taxpayer to receive the bill, |
20 | | shall not
affect the validity of any tax, or the liability for |
21 | | the payment of any tax.
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22 | | (Source: P.A. 97-689, eff. 6-14-12.)
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23 | | Section 15. The Illinois Municipal Code is amended by |
24 | | changing Sections 8-8-3, 8-8-3.5, 11-74.4-3, 11-74.4-3.5, |
25 | | 11-74.4-4, 11-74.4-5, 11-74.6-15, and 11-74.6-22 as follows: |
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1 | | (65 ILCS 5/8-8-3) (from Ch. 24, par. 8-8-3) |
2 | | Sec. 8-8-3. Audit requirements. |
3 | | (a) The corporate authorities of each municipality coming |
4 | | under the
provisions of this Division 8 shall cause an audit of |
5 | | the funds and
accounts of the municipality to be made by an |
6 | | accountant or accountants
employed by such municipality or by |
7 | | an accountant or accountants retained
by the Comptroller, as |
8 | | hereinafter provided. |
9 | | (b) The accounts and funds of each municipality having a |
10 | | population of 800
or more or having a bonded debt or owning or |
11 | | operating any type of public
utility shall be audited annually. |
12 | | The audit herein required shall include
all of the accounts and |
13 | | funds of the municipality. Such audit shall be
begun as soon as |
14 | | possible after the close of the fiscal year, and shall be
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15 | | completed and the report submitted within 6 months after the |
16 | | close of such
fiscal year, unless an extension of time shall be |
17 | | granted by the
Comptroller in writing. The accountant or |
18 | | accountants making the audit
shall submit not less than 2 |
19 | | copies of the audit report to the corporate
authorities of the |
20 | | municipality being audited. Municipalities not operating
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21 | | utilities may cause audits of the accounts of municipalities to |
22 | | be made
more often than herein provided, by an accountant or |
23 | | accountants. The audit
report of such audit when filed with the |
24 | | Comptroller together with an audit
report covering the |
25 | | remainder of the period for which an audit is required
to be |
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1 | | filed hereunder shall satisfy the requirements of this section. |
2 | | (c) Municipalities of less than 800 population which do not |
3 | | own or operate
public utilities and do not have bonded debt, |
4 | | shall file annually with the
Comptroller a financial report |
5 | | containing information required by the
Comptroller. Such |
6 | | annual financial report shall be on forms devised by the
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7 | | Comptroller in such manner as to not require professional |
8 | | accounting
services for its preparation. |
9 | | (d) In addition to any audit report required, all |
10 | | municipalities, except
municipalities of less than 800 |
11 | | population which do not own or operate
public utilities and do |
12 | | not have bonded debt, shall file annually with the
Comptroller |
13 | | a supplemental report on forms devised and approved by the
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14 | | Comptroller. |
15 | | (e) Notwithstanding any provision of law to the contrary, |
16 | | if a municipality (i) has a population of less than 200, (ii) |
17 | | has bonded debt in the amount of $50,000 or less, and (iii) |
18 | | owns or operates a public utility, then the municipality shall |
19 | | cause an audit of the funds and accounts of the municipality to |
20 | | be made by an accountant employed by the municipality or |
21 | | retained by the Comptroller for fiscal year 2011 and every |
22 | | fourth fiscal year thereafter or until the municipality has a |
23 | | population of 200 or more, has bonded debt in excess of |
24 | | $50,000, or no longer owns or operates a public utility. |
25 | | Nothing in this subsection shall be construed as limiting the |
26 | | municipality's duty to file an annual financial report with the |
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1 | | Comptroller or to comply with the filing requirements |
2 | | concerning the county clerk. |
3 | | (f) All audits and reports to be filed with the Comptroller |
4 | | under this Section must be submitted electronically and the |
5 | | Comptroller must post the audits and reports on the Internet no |
6 | | later than 45 days after they are received. If the municipality |
7 | | provides the Comptroller's Office with sufficient evidence |
8 | | that the audit or report cannot be filed electronically, the |
9 | | Comptroller may waive this requirement. The Comptroller must |
10 | | also post a list of municipalities that are not in compliance |
11 | | with the reporting requirements set forth in this Section. |
12 | | (g) Subsection (f) of this Section is a limitation under |
13 | | subsection (i) of Section 6 of Article VII of the Illinois |
14 | | Constitution on the concurrent exercise by home rule |
15 | | municipalities of powers and functions exercised by the State. |
16 | | (h) Any financial report under this Section shall include |
17 | | the name of the purchasing agent who oversees all competitively |
18 | | bid contracts. If there is no purchasing agent, the name of the |
19 | | person responsible for oversight of all competitively bid |
20 | | contracts shall be listed. |
21 | | (i) On and after January 1, 2014, the State Comptroller |
22 | | must post on the State Comptroller's official website the |
23 | | information submitted by a municipality pursuant to |
24 | | subsections (b) and (c) of this Section. The information must |
25 | | be posted no later than 45 days after the State Comptroller |
26 | | receives the information from the municipality. The State |
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1 | | Comptroller must also post a list of municipalities that are |
2 | | not in compliance with the reporting requirements set forth in |
3 | | subsections (b) and (c) of this Section. |
4 | | (j) The State Comptroller has the authority to grant |
5 | | extensions for delinquent audit reports. The Comptroller may |
6 | | charge a municipality a fee for a delinquent audit of $5 per |
7 | | day for the first 15 days past due, $10 per day for 16 through |
8 | | 30 days past due, $15 per day for 31 through 45 days past due, |
9 | | and $20 per day for the 46th day and every day thereafter. All |
10 | | fees collected pursuant to this subsection (j) shall be |
11 | | deposited into the Comptroller's Administrative Fund. |
12 | | (Source: P.A. 96-1309, eff. 7-27-10; 97-890, eff. 8-2-12; |
13 | | 97-932, eff. 8-10-12; 97-1142, eff. 12-28-12.)
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14 | | (65 ILCS 5/8-8-3.5)
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15 | | Sec. 8-8-3.5. Tax Increment Financing Report. The reports |
16 | | filed under
subsection (d) of Section 11-74.4-5 of the Tax |
17 | | Increment Allocation
Redevelopment Act and the reports filed |
18 | | under subsection (d) of Section
11-74.6-22 of the Industrial |
19 | | Jobs Recovery Law
in the Illinois Municipal Code must be |
20 | | separate from any
other annual report filed with the |
21 | | Comptroller. The Comptroller must, in
cooperation with |
22 | | reporting municipalities, create
a format for the reporting of |
23 | | information described in paragraphs (1.5)
and (5) and
in |
24 | | subparagraph (G) of paragraph (7) of subsection (d) of Section
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25 | | 11-74.4-5 of
the Tax Increment Allocation Redevelopment Act
and |
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1 | | the information described in paragraphs (1.5) and (5) and in |
2 | | subparagraph
(G) of paragraph (7) of subsection (d) of Section |
3 | | 11-74.6-22 of the Industrial
Jobs Recovery Law
that facilitates |
4 | | consistent
reporting among the reporting municipalities. The |
5 | | Comptroller may allow these
reports to be filed electronically |
6 | | and may display the report, or portions of
the report, |
7 | | electronically via the Internet. All reports filed under this
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8 | | Section must be made available for examination and copying by |
9 | | the public at all
reasonable times. A Tax Increment Financing |
10 | | Report must be filed with the Comptroller within 180 days after |
11 | | the close of the municipal fiscal year or as soon thereafter as |
12 | | the audit for the redevelopment
project area for that fiscal |
13 | | year becomes available. If the Tax Increment Finance |
14 | | administrator provides the Comptroller's office with |
15 | | sufficient evidence that the report is in the process of being |
16 | | completed by an auditor, the Comptroller may grant an |
17 | | extension. An additional copy of the report must be submitted |
18 | | to the State Board of Education if the report identifies |
19 | | amounts designated as surplus and distributed to taxing |
20 | | districts as provided in Section 11-74.4-7 of the Tax Increment |
21 | | Allocation Redevelopment Act. If the required report is not |
22 | | filed within the time extended by the Comptroller, the |
23 | | Comptroller may charge a municipality a fee of $5 per day for |
24 | | the first 15 days past due, $10 per day for 16 through 30 days |
25 | | past due, $15 per day for 31 through 45 days past due, and $20 |
26 | | per day for the 46th day and every day thereafter. All fees |
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1 | | collected pursuant to this Section shall be deposited into the |
2 | | Comptroller's Administrative Fund.
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3 | | (Source: P.A. 91-478, eff. 11-1-99; 91-900, eff. 7-6-00.)
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4 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
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5 | | Sec. 11-74.4-3. Definitions. The following terms, wherever |
6 | | used or
referred to in this Division 74.4 shall have the |
7 | | following respective meanings,
unless in any case a different |
8 | | meaning clearly appears from the context.
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9 | | (a) 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
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12 | | 91-478), "blighted area" shall have the meaning set
forth in |
13 | | this Section
prior to that date.
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14 | | On and after November 1, 1999,
"blighted area" means any |
15 | | improved or vacant area within the boundaries
of a |
16 | | redevelopment project area located within the territorial |
17 | | limits of
the municipality where:
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18 | | (1) If improved, industrial, commercial, and |
19 | | residential buildings or
improvements are detrimental to |
20 | | the public safety, health, or welfare
because of a |
21 | | combination of 5 or more of the following factors, each of |
22 | | which
is (i) present, with that presence documented, to a |
23 | | meaningful extent so
that a municipality may reasonably |
24 | | find that the factor is clearly
present within the intent |
25 | | of the Act and (ii) reasonably distributed throughout
the |
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1 | | improved part of the redevelopment project area:
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2 | | (A) Dilapidation. An advanced state of disrepair |
3 | | or neglect of
necessary
repairs to the primary |
4 | | structural components of buildings or improvements in
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5 | | such a combination that a documented building |
6 | | condition analysis determines
that major repair is |
7 | | required or the defects are so serious and so extensive
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8 | | that the buildings must be removed.
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9 | | (B) Obsolescence. The condition or process of |
10 | | falling into disuse.
Structures have become ill-suited |
11 | | for the original use.
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12 | | (C) Deterioration. With respect to buildings, |
13 | | defects
including, but not limited to, major defects in
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14 | | the secondary building components such as doors, |
15 | | windows, porches, gutters and
downspouts, and fascia. |
16 | | With respect to surface improvements, that the
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17 | | condition of roadways, alleys, curbs, gutters, |
18 | | sidewalks, off-street parking,
and surface storage |
19 | | areas evidence deterioration, including, but not |
20 | | limited
to, surface cracking, crumbling, potholes, |
21 | | depressions, loose paving material,
and weeds |
22 | | protruding through paved surfaces.
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23 | | (D) Presence of structures below minimum code |
24 | | standards. All structures
that do not meet the |
25 | | standards of zoning, subdivision, building, fire, and
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26 | | other governmental codes applicable to property, but |
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1 | | not including housing and
property maintenance codes.
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2 | | (E) Illegal use of individual structures. The use |
3 | | of structures in
violation of applicable federal, |
4 | | State, or local laws, exclusive of those
applicable to |
5 | | the presence of structures below minimum code |
6 | | standards.
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7 | | (F) Excessive vacancies. The presence of
buildings |
8 | | that are unoccupied or under-utilized and that |
9 | | represent an adverse
influence on the area because of |
10 | | the frequency, extent, or duration of the
vacancies.
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11 | | (G) Lack of ventilation, light, or sanitary |
12 | | facilities. The absence of
adequate ventilation for |
13 | | light or air circulation in spaces or rooms without
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14 | | windows, or that require the removal of dust, odor, |
15 | | gas, smoke, or other
noxious airborne materials. |
16 | | Inadequate natural light and ventilation means
the |
17 | | absence of skylights or windows for interior spaces or |
18 | | rooms and improper
window sizes and amounts by room |
19 | | area to window area ratios. Inadequate
sanitary |
20 | | facilities refers to the absence or inadequacy of |
21 | | garbage storage and
enclosure,
bathroom facilities, |
22 | | hot water and kitchens, and structural inadequacies
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23 | | preventing ingress and egress to and from all rooms and |
24 | | units within a
building.
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25 | | (H) Inadequate utilities. Underground and overhead |
26 | | utilities
such as storm sewers and storm drainage, |
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1 | | sanitary sewers, water lines, and
gas, telephone, and
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2 | | electrical services that are shown to be inadequate. |
3 | | Inadequate utilities are
those that are: (i) of |
4 | | insufficient capacity to serve the uses in the
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5 | | redevelopment project area, (ii) deteriorated,
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6 | | antiquated, obsolete, or in disrepair, or (iii) |
7 | | lacking within the
redevelopment project area.
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8 | | (I) Excessive land coverage and overcrowding of |
9 | | structures and community
facilities. The |
10 | | over-intensive use of property and the crowding of |
11 | | buildings
and accessory facilities onto a site. |
12 | | Examples of problem conditions
warranting the |
13 | | designation of an area as one exhibiting excessive land |
14 | | coverage
are: (i) the presence of buildings either |
15 | | improperly situated on parcels or
located
on parcels of |
16 | | inadequate size and shape in relation to present-day |
17 | | standards of
development for health and safety and (ii) |
18 | | the presence of multiple buildings
on a
single parcel. |
19 | | For there to be a finding of excessive land coverage,
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20 | | these parcels must exhibit one or more of the following |
21 | | conditions:
insufficient provision for
light and air |
22 | | within or around buildings, increased threat of spread |
23 | | of fire
due to the close proximity of buildings, lack |
24 | | of adequate or proper access to a
public right-of-way, |
25 | | lack of reasonably required off-street parking, or
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26 | | inadequate provision for loading and service.
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1 | | (J) Deleterious land use or layout. The existence |
2 | | of incompatible
land-use
relationships, buildings |
3 | | occupied by inappropriate mixed-uses, or uses
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4 | | considered to be noxious, offensive, or unsuitable for |
5 | | the
surrounding area.
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6 | | (K) Environmental clean-up. The proposed |
7 | | redevelopment project area
has incurred Illinois |
8 | | Environmental Protection Agency or United States
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9 | | Environmental Protection Agency remediation costs for, |
10 | | or a study conducted by
an independent consultant |
11 | | recognized as having expertise in environmental
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12 | | remediation has determined a need for, the
clean-up of |
13 | | hazardous
waste, hazardous substances, or underground |
14 | | storage tanks required by State or
federal law, |
15 | | provided that the remediation costs constitute a |
16 | | material
impediment to the development or |
17 | | redevelopment of the redevelopment project
area.
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18 | | (L) Lack of community planning. The proposed |
19 | | redevelopment project area
was
developed prior to or |
20 | | without the benefit or guidance of a community plan.
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21 | | This means that the development occurred prior to the |
22 | | adoption by the
municipality of a comprehensive or |
23 | | other community plan or that the plan was
not followed |
24 | | at the time of the area's development. This factor must |
25 | | be
documented by evidence of adverse or incompatible |
26 | | land-use relationships,
inadequate street layout, |
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1 | | improper subdivision, parcels of inadequate shape and
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2 | | size to meet contemporary development standards, or |
3 | | other evidence
demonstrating
an absence of effective |
4 | | community planning.
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5 | | (M) The total equalized assessed value of the |
6 | | proposed redevelopment
project area has declined for 3 |
7 | | of the last 5 calendar years
prior to the year in which |
8 | | the redevelopment project area is designated
or is |
9 | | increasing at an
annual rate that is less
than the |
10 | | balance of the municipality for 3 of the last 5 |
11 | | calendar years
for which
information is available or is |
12 | | increasing at an annual rate that is less than
the |
13 | | Consumer Price Index
for All Urban Consumers published |
14 | | by the United States Department of Labor or
successor |
15 | | agency for 3 of the last 5 calendar years
prior to the |
16 | | year in which the redevelopment project area is |
17 | | designated.
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18 | | (2) If vacant, the sound growth of the redevelopment |
19 | | project area
is impaired by a
combination of 2 or more of |
20 | | the following factors, each of which
is (i) present, with |
21 | | that presence documented, to a meaningful extent so
that
a |
22 | | municipality may reasonably find that the factor is clearly |
23 | | present
within the intent of the Act and (ii) reasonably |
24 | | distributed throughout the
vacant part of the
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25 | | redevelopment project area to which it pertains:
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26 | | (A) Obsolete platting of vacant land that results |
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1 | | in parcels of
limited or
narrow size or configurations |
2 | | of parcels of irregular size or shape that would
be |
3 | | difficult to develop on
a planned basis and in a manner |
4 | | compatible with contemporary standards and
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5 | | requirements, or platting that failed to create |
6 | | rights-of-ways for streets or
alleys or that created |
7 | | inadequate right-of-way widths for streets, alleys, or
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8 | | other public rights-of-way or that omitted easements |
9 | | for public utilities.
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10 | | (B) Diversity of ownership of parcels of vacant |
11 | | land sufficient in
number to
retard or impede the |
12 | | ability to assemble the land for development.
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13 | | (C) Tax and special assessment delinquencies exist |
14 | | or the property has
been the subject of tax sales under |
15 | | the Property Tax Code within the last 5
years.
|
16 | | (D) Deterioration of structures or site |
17 | | improvements in neighboring
areas adjacent to the |
18 | | vacant land.
|
19 | | (E) The area has incurred Illinois Environmental |
20 | | Protection Agency or
United States Environmental |
21 | | Protection Agency remediation costs for, or a study
|
22 | | conducted by an independent consultant recognized as |
23 | | having expertise in
environmental remediation has |
24 | | determined a need for, the
clean-up of hazardous
waste, |
25 | | hazardous substances, or underground storage tanks |
26 | | required by State or
federal law, provided that the |
|
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1 | | remediation costs
constitute a material impediment to |
2 | | the development or redevelopment of
the
redevelopment |
3 | | project area.
|
4 | | (F) The total equalized assessed value of the |
5 | | proposed redevelopment
project area has declined for 3 |
6 | | of the last 5 calendar years
prior to the year in which |
7 | | the redevelopment project area is designated
or is |
8 | | increasing at an
annual rate that is less
than the |
9 | | balance of the municipality for 3 of the last 5 |
10 | | calendar years for
which information is available or is |
11 | | increasing at an annual rate that is less
than
the |
12 | | Consumer Price Index
for All Urban Consumers published |
13 | | by the United States Department of Labor or
successor |
14 | | agency for 3 of the last 5 calendar years
prior to the |
15 | | year in which the redevelopment project area is |
16 | | designated.
|
17 | | (3) If vacant, the sound growth of the redevelopment |
18 | | project area is
impaired by one of the
following factors |
19 | | that (i) is present, with that presence documented, to a
|
20 | | meaningful extent so that a municipality may reasonably |
21 | | find that the factor is
clearly
present within the intent |
22 | | of the Act and (ii) is reasonably distributed
throughout |
23 | | the vacant part of the
redevelopment project area to which |
24 | | it pertains:
|
25 | | (A) The area consists of one or more unused |
26 | | quarries, mines, or strip
mine ponds.
|
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1 | | (B) The area consists of unused rail yards, rail |
2 | | tracks, or railroad
rights-of-way.
|
3 | | (C) The area, prior to its designation, is subject |
4 | | to (i) chronic
flooding
that adversely impacts on real |
5 | | property in the area as certified by a
registered
|
6 | | professional engineer or appropriate regulatory agency |
7 | | or (ii) surface water
that
discharges from all or a |
8 | | part of the area and contributes to flooding within
the
|
9 | | same watershed, but only if the redevelopment project |
10 | | provides for facilities
or
improvements to contribute |
11 | | to the alleviation of all or part of the
flooding.
|
12 | | (D) The area consists of an unused or illegal |
13 | | disposal site containing
earth,
stone, building |
14 | | debris, or similar materials that were removed from
|
15 | | construction, demolition, excavation, or dredge sites.
|
16 | | (E) Prior to November 1, 1999, the area
is not less |
17 | | than 50 nor more than 100 acres and 75%
of which is |
18 | | vacant (notwithstanding that the area has been used
for |
19 | | commercial agricultural purposes within 5 years prior |
20 | | to the designation
of the redevelopment project area), |
21 | | and the area meets at least one of
the factors itemized |
22 | | in paragraph (1) of this subsection, the area
has been |
23 | | designated as a town or village center by ordinance or |
24 | | comprehensive
plan adopted prior to January 1, 1982, |
25 | | and the area has not been developed
for that designated |
26 | | purpose.
|
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1 | | (F) The area qualified as a blighted improved area |
2 | | immediately prior to
becoming vacant, unless there has |
3 | | been substantial private investment in the
immediately |
4 | | surrounding area.
|
5 | | (b) For any redevelopment project area that has been |
6 | | designated pursuant
to this
Section by an ordinance adopted |
7 | | prior to November 1, 1999 (the effective
date of Public Act
|
8 | | 91-478), "conservation area" shall have the meaning
set forth |
9 | | in this
Section prior to that date.
|
10 | | On and after November 1, 1999,
"conservation area" means |
11 | | any improved area within the boundaries
of a redevelopment |
12 | | project area located within the territorial limits of
the |
13 | | municipality in which 50% or more of the structures in the area |
14 | | have
an age of 35 years or more.
Such an area is not yet a |
15 | | blighted area but
because of a combination of 3 or more of the |
16 | | following factors is detrimental
to the public safety, health, |
17 | | morals
or welfare and such an area may become a blighted area:
|
18 | | (1) Dilapidation. An advanced state of disrepair or |
19 | | neglect of
necessary
repairs to the primary structural |
20 | | components of buildings or improvements in
such a |
21 | | combination that a documented building condition analysis |
22 | | determines
that major repair is required or the defects are |
23 | | so serious and so extensive
that the buildings must be |
24 | | removed.
|
25 | | (2) Obsolescence. The condition or process of falling |
26 | | into disuse.
Structures have become ill-suited for the |
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1 | | original use.
|
2 | | (3) Deterioration. With respect to buildings, defects
|
3 | | including, but not limited to, major defects in
the |
4 | | secondary building components such as doors, windows, |
5 | | porches, gutters and
downspouts, and fascia. With respect |
6 | | to surface improvements, that the
condition of roadways, |
7 | | alleys, curbs, gutters, sidewalks, off-street parking,
and |
8 | | surface storage areas evidence deterioration, including, |
9 | | but not limited
to, surface cracking, crumbling, potholes, |
10 | | depressions, loose paving material,
and weeds protruding |
11 | | through paved surfaces.
|
12 | | (4) Presence of structures below minimum code |
13 | | standards. All structures
that do not meet the standards of |
14 | | zoning, subdivision, building, fire, and
other |
15 | | governmental codes applicable to property, but not |
16 | | including housing and
property maintenance codes.
|
17 | | (5) Illegal use of individual structures. The use of |
18 | | structures in
violation of applicable federal, State, or |
19 | | local laws, exclusive of those
applicable to the presence |
20 | | of structures below minimum code standards.
|
21 | | (6) Excessive vacancies. The presence of
buildings |
22 | | that are unoccupied or under-utilized and that represent an |
23 | | adverse
influence on the area because of the frequency, |
24 | | extent, or duration of the
vacancies.
|
25 | | (7) Lack of ventilation, light, or sanitary |
26 | | facilities. The absence of
adequate ventilation for light |
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1 | | or air circulation in spaces or rooms without
windows, or |
2 | | that require the removal of dust, odor, gas, smoke, or |
3 | | other
noxious airborne materials. Inadequate natural light |
4 | | and ventilation means
the absence or inadequacy of |
5 | | skylights or windows for interior spaces or rooms
and |
6 | | improper
window sizes and amounts by room area to window |
7 | | area ratios. Inadequate
sanitary facilities refers to the |
8 | | absence or inadequacy of garbage storage and
enclosure,
|
9 | | bathroom facilities, hot water and kitchens, and |
10 | | structural inadequacies
preventing ingress and egress to |
11 | | and from all rooms and units within a
building.
|
12 | | (8) Inadequate utilities. Underground and overhead |
13 | | utilities
such as storm sewers and storm drainage, sanitary |
14 | | sewers, water lines, and gas,
telephone, and
electrical |
15 | | services that are shown to be inadequate. Inadequate |
16 | | utilities are
those that are: (i) of insufficient capacity |
17 | | to serve the uses in the
redevelopment project area, (ii) |
18 | | deteriorated,
antiquated, obsolete, or in disrepair, or |
19 | | (iii) lacking within the
redevelopment project area.
|
20 | | (9) Excessive land coverage and overcrowding of |
21 | | structures and community
facilities. The over-intensive |
22 | | use of property and the crowding of buildings
and accessory |
23 | | facilities onto a site. Examples of problem conditions
|
24 | | warranting the designation of an area as one exhibiting |
25 | | excessive land coverage
are: the presence of buildings |
26 | | either improperly situated on parcels or located
on parcels |
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1 | | of inadequate size and shape in relation to present-day |
2 | | standards of
development for health and safety and the |
3 | | presence of multiple buildings on a
single parcel. For |
4 | | there to be a finding of excessive land coverage,
these |
5 | | parcels must exhibit one or more of the following |
6 | | conditions:
insufficient provision for
light and air |
7 | | within or around buildings, increased threat of spread of |
8 | | fire
due to the close proximity of buildings, lack of |
9 | | adequate or proper access to a
public right-of-way, lack of |
10 | | reasonably required off-street parking, or
inadequate |
11 | | provision for loading and service.
|
12 | | (10) Deleterious land use or layout. The existence of |
13 | | incompatible
land-use
relationships, buildings occupied by |
14 | | inappropriate mixed-uses, or uses
considered to be |
15 | | noxious, offensive, or unsuitable for the
surrounding |
16 | | area.
|
17 | | (11) Lack of community planning. The proposed |
18 | | redevelopment project area
was
developed prior to or |
19 | | without the benefit or guidance of a community plan.
This |
20 | | means that the development occurred prior to the adoption |
21 | | by the
municipality of a comprehensive or other community |
22 | | plan or that the plan was
not followed at the time of the |
23 | | area's development. This factor must be
documented by |
24 | | evidence of adverse or incompatible land-use |
25 | | relationships,
inadequate street layout, improper |
26 | | subdivision, parcels of inadequate shape and
size to meet |
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1 | | contemporary development standards, or other evidence
|
2 | | demonstrating
an absence of effective community planning.
|
3 | | (12) The area has incurred Illinois Environmental |
4 | | Protection Agency or
United
States Environmental |
5 | | Protection Agency remediation costs for, or a study
|
6 | | conducted by an independent consultant recognized as |
7 | | having expertise in
environmental remediation has |
8 | | determined a need for, the clean-up of hazardous
waste, |
9 | | hazardous substances, or underground storage tanks |
10 | | required by State
or federal law, provided that the |
11 | | remediation costs constitute a material
impediment to the |
12 | | development or redevelopment of the redevelopment project
|
13 | | area.
|
14 | | (13) The total equalized assessed value of the proposed |
15 | | redevelopment
project area has declined for 3 of the last 5 |
16 | | calendar years
for which information is
available or is |
17 | | increasing at an annual rate that is less than the balance |
18 | | of
the municipality for 3 of the last 5 calendar years for |
19 | | which information is
available or is increasing at an |
20 | | annual rate that is less
than the Consumer Price Index for |
21 | | All Urban Consumers published by the United
States |
22 | | Department of Labor or successor agency for 3 of the last 5 |
23 | | calendar
years for which information is available.
|
24 | | (c) "Industrial park" means an area in a blighted or |
25 | | conservation
area suitable for use by any manufacturing, |
26 | | industrial, research or
transportation enterprise, of |
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1 | | facilities to include but not be limited to
factories, mills, |
2 | | processing plants, assembly plants, packing plants,
|
3 | | fabricating plants, industrial distribution centers, |
4 | | warehouses, repair
overhaul or service facilities, freight |
5 | | terminals, research facilities,
test facilities or railroad |
6 | | facilities.
|
7 | | (d) "Industrial park conservation area" means an area |
8 | | within the
boundaries of a redevelopment project area located |
9 | | within the territorial
limits of a municipality that is a labor |
10 | | surplus municipality or within 1
1/2 miles of the territorial |
11 | | limits of a municipality that is a labor
surplus municipality |
12 | | if the area is annexed to the municipality; which
area is zoned |
13 | | as industrial no later than at the time the municipality by
|
14 | | ordinance designates the redevelopment project area, and which |
15 | | area
includes both vacant land suitable for use as an |
16 | | industrial park and a
blighted area or conservation area |
17 | | contiguous to such vacant land.
|
18 | | (e) "Labor surplus municipality" means a municipality in |
19 | | which, at any
time during the 6 months before the municipality |
20 | | by ordinance designates
an industrial park conservation area, |
21 | | the unemployment rate was over 6% and was
also 100% or more of |
22 | | the national average unemployment rate for that same
time as |
23 | | published in the United States Department of Labor Bureau of |
24 | | Labor
Statistics publication entitled "The Employment |
25 | | Situation" or its successor
publication. For the purpose of |
26 | | this subsection, if unemployment rate
statistics for the |
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1 | | municipality are not available, the unemployment rate in
the |
2 | | municipality shall be deemed to be the same as the unemployment |
3 | | rate in
the principal county in which the municipality is |
4 | | located.
|
5 | | (f) "Municipality" shall mean a city, village, |
6 | | incorporated town, or a township that is located in the |
7 | | unincorporated portion of a county with 3 million or more |
8 | | inhabitants, if the county adopted an ordinance that approved |
9 | | the township's redevelopment plan.
|
10 | | (g) "Initial Sales Tax Amounts" means the amount of taxes |
11 | | paid under
the Retailers' Occupation Tax Act, Use Tax Act, |
12 | | Service Use Tax Act, the
Service Occupation Tax Act, the |
13 | | Municipal Retailers' Occupation Tax Act,
and the Municipal |
14 | | Service Occupation Tax Act by
retailers and servicemen on |
15 | | transactions at places located in a
State Sales Tax Boundary |
16 | | during the calendar year 1985.
|
17 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount |
18 | | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax |
19 | | Act, Service Use Tax Act, the
Service Occupation Tax Act, the |
20 | | Municipal Retailers' Occupation Tax Act,
and the Municipal |
21 | | Service Occupation Tax Act by retailers and servicemen on
|
22 | | transactions at places located within the State Sales Tax |
23 | | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
|
24 | | (h) "Municipal Sales Tax Increment" means an amount equal |
25 | | to the
increase in the aggregate amount of taxes paid to a |
26 | | municipality from the
Local Government Tax Fund arising from |
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1 | | sales by retailers and servicemen
within the redevelopment |
2 | | project area or State Sales Tax Boundary, as
the case may be, |
3 | | for as long as the redevelopment project area or State
Sales |
4 | | Tax Boundary, as the case may be, exist over and above the |
5 | | aggregate
amount of taxes as certified by the Illinois |
6 | | Department of Revenue and paid
under the Municipal Retailers' |
7 | | Occupation Tax Act and the Municipal Service
Occupation Tax Act |
8 | | by retailers and servicemen, on transactions at places
of |
9 | | business located in the redevelopment project area or State |
10 | | Sales Tax
Boundary, as the case may be, during the
base year |
11 | | which shall be the calendar year immediately prior to the year |
12 | | in
which the municipality adopted tax increment allocation |
13 | | financing. For
purposes of computing the aggregate amount of |
14 | | such taxes for base years
occurring prior to 1985, the |
15 | | Department of Revenue shall determine the
Initial Sales Tax |
16 | | Amounts for such taxes and deduct therefrom an amount
equal to |
17 | | 4% of the aggregate amount of taxes per year for each year the
|
18 | | base year is prior to 1985, but not to exceed a total deduction |
19 | | of 12%.
The amount so determined shall be known as the |
20 | | "Adjusted Initial Sales Tax
Amounts". For purposes of |
21 | | determining the Municipal Sales Tax Increment,
the Department |
22 | | of Revenue shall for each period subtract from the amount
paid |
23 | | to the municipality from the Local Government Tax Fund arising |
24 | | from
sales by retailers and servicemen on transactions
located |
25 | | in the redevelopment project area or the State Sales Tax |
26 | | Boundary,
as the case may be, the certified Initial Sales Tax
|
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1 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised |
2 | | Initial
Sales Tax Amounts for the Municipal Retailers'
|
3 | | Occupation Tax Act and the Municipal Service
Occupation Tax |
4 | | Act. For the State Fiscal Year 1989, this calculation shall
be |
5 | | made by utilizing the calendar year 1987 to determine the tax |
6 | | amounts
received. For the State Fiscal Year 1990, this |
7 | | calculation shall be made
by utilizing the period from January |
8 | | 1, 1988, until September 30, 1988, to
determine the tax amounts |
9 | | received from retailers and servicemen pursuant
to the |
10 | | Municipal Retailers' Occupation Tax and the Municipal Service
|
11 | | Occupation Tax Act, which shall have deducted therefrom
|
12 | | nine-twelfths of the certified Initial Sales Tax Amounts, the |
13 | | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales |
14 | | Tax Amounts as appropriate.
For the State Fiscal Year 1991, |
15 | | this calculation shall be made by utilizing
the period from |
16 | | October 1, 1988, to June 30, 1989, to determine the tax
amounts |
17 | | received from retailers and servicemen pursuant to the |
18 | | Municipal
Retailers' Occupation Tax and the Municipal Service |
19 | | Occupation Tax Act
which shall have deducted therefrom |
20 | | nine-twelfths of the
certified Initial Sales Tax Amounts, |
21 | | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales |
22 | | Tax Amounts as appropriate. For every
State Fiscal Year |
23 | | thereafter, the applicable period shall be the 12 months
|
24 | | beginning July 1 and ending June 30 to determine the tax |
25 | | amounts received
which shall have deducted therefrom the |
26 | | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales |
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1 | | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the |
2 | | case may be.
|
3 | | (i) "Net State Sales Tax Increment" means the sum of the |
4 | | following: (a)
80% of the first $100,000 of State Sales Tax |
5 | | Increment annually generated
within a State Sales Tax Boundary; |
6 | | (b) 60% of the amount in excess of
$100,000 but not exceeding |
7 | | $500,000 of State Sales Tax Increment annually
generated within |
8 | | a State Sales Tax Boundary; and (c) 40% of all amounts in
|
9 | | excess of $500,000 of State Sales Tax Increment annually |
10 | | generated within a
State Sales Tax Boundary. If, however, a |
11 | | municipality established a tax
increment financing district in |
12 | | a county with a population in excess of
3,000,000 before |
13 | | January 1, 1986, and the municipality entered into a
contract |
14 | | or issued bonds after January 1, 1986, but before December 31, |
15 | | 1986,
to finance redevelopment project costs within a State |
16 | | Sales Tax
Boundary, then the Net State Sales Tax Increment |
17 | | means, for the fiscal years
beginning July 1, 1990, and July 1, |
18 | | 1991, 100% of the State Sales Tax
Increment annually generated |
19 | | within a State Sales Tax Boundary; and
notwithstanding any |
20 | | other provision of this Act, for those fiscal years the
|
21 | | Department of Revenue shall distribute to those municipalities |
22 | | 100% of
their Net State Sales Tax Increment before any |
23 | | distribution to any other
municipality and regardless of |
24 | | whether or not those other municipalities
will receive 100% of |
25 | | their Net State Sales Tax Increment. For Fiscal Year
1999, and |
26 | | every year thereafter until the year 2007, for any municipality
|
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1 | | that has not entered into a contract or has not issued bonds |
2 | | prior to June
1, 1988 to finance redevelopment project costs |
3 | | within a State Sales Tax
Boundary, the Net State Sales Tax |
4 | | Increment shall be calculated as follows:
By multiplying the |
5 | | Net State Sales Tax Increment by 90% in the State Fiscal
Year |
6 | | 1999; 80% in the State Fiscal Year 2000; 70% in the State |
7 | | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the |
8 | | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% |
9 | | in the State Fiscal Year 2005; 20% in
the State Fiscal Year |
10 | | 2006; and 10% in the State Fiscal Year 2007. No
payment shall |
11 | | be made for State Fiscal Year 2008 and thereafter.
|
12 | | Municipalities that issued bonds in connection with a |
13 | | redevelopment project
in a redevelopment project area within |
14 | | the State Sales Tax Boundary prior to
July 29, 1991,
or that |
15 | | entered into contracts in connection with a redevelopment |
16 | | project in
a redevelopment project area before June 1, 1988,
|
17 | | shall continue to receive their proportional share of the
|
18 | | Illinois Tax Increment Fund distribution until the date on |
19 | | which the
redevelopment project is completed or terminated.
If, |
20 | | however, a municipality that issued bonds in connection with a
|
21 | | redevelopment project in a redevelopment project area within |
22 | | the State Sales
Tax Boundary prior to July 29, 1991 retires the |
23 | | bonds prior to June 30, 2007 or
a municipality that entered |
24 | | into contracts in connection with a redevelopment
project in a |
25 | | redevelopment project area before June 1, 1988 completes the
|
26 | | contracts prior to June 30, 2007, then so long as the |
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1 | | redevelopment project is
not
completed or is not terminated, |
2 | | the Net State Sales Tax Increment shall be
calculated, |
3 | | beginning on the date on which the bonds are retired or the
|
4 | | contracts are completed, as follows: By multiplying the Net |
5 | | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; |
6 | | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year |
7 | | 2004; 30%
in the State Fiscal Year 2005; 20% in the State |
8 | | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No |
9 | | payment shall be made for State Fiscal Year
2008 and |
10 | | thereafter.
Refunding of any bonds issued
prior to July 29, |
11 | | 1991, shall not alter the Net State Sales Tax Increment.
|
12 | | (j) "State Utility Tax Increment Amount" means an amount |
13 | | equal to the
aggregate increase in State electric and gas tax |
14 | | charges imposed on owners
and tenants, other than residential |
15 | | customers, of properties located within
the redevelopment |
16 | | project area under Section 9-222 of the Public Utilities
Act, |
17 | | over and above the aggregate of such charges as certified by |
18 | | the
Department of Revenue and paid by owners and tenants, other |
19 | | than
residential customers, of properties within the |
20 | | redevelopment project area
during the base year, which shall be |
21 | | the calendar year immediately prior to
the year of the adoption |
22 | | of the ordinance authorizing tax increment allocation
|
23 | | financing.
|
24 | | (k) "Net State Utility Tax Increment" means the sum of the |
25 | | following:
(a) 80% of the first $100,000 of State Utility Tax |
26 | | Increment annually
generated by a redevelopment project area; |
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1 | | (b) 60% of the amount in excess
of $100,000 but not exceeding |
2 | | $500,000 of the State Utility Tax Increment
annually generated |
3 | | by a redevelopment project area; and (c) 40% of all
amounts in |
4 | | excess of $500,000 of State Utility Tax Increment annually
|
5 | | generated by a redevelopment project area. For the State Fiscal |
6 | | Year 1999,
and every year thereafter until the year 2007, for |
7 | | any municipality that
has not entered into a contract or has |
8 | | not issued bonds prior to June 1,
1988 to finance redevelopment |
9 | | project costs within a redevelopment project
area, the Net |
10 | | State Utility Tax Increment shall be calculated as follows:
By |
11 | | multiplying the Net State Utility Tax Increment by 90% in the |
12 | | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% |
13 | | in the State
Fiscal Year 2001; 60% in the State Fiscal Year |
14 | | 2002; 50% in the State
Fiscal Year 2003; 40% in the State |
15 | | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the |
16 | | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. |
17 | | No payment shall be made for the State Fiscal Year 2008
and |
18 | | thereafter.
|
19 | | Municipalities that issue bonds in connection with the |
20 | | redevelopment project
during the period from June 1, 1988 until |
21 | | 3 years after the effective date
of this Amendatory Act of 1988 |
22 | | shall receive the Net State Utility Tax
Increment, subject to |
23 | | appropriation, for 15 State Fiscal Years after the
issuance of |
24 | | such bonds. For the 16th through the 20th State Fiscal Years
|
25 | | after issuance of the bonds, the Net State Utility Tax |
26 | | Increment shall be
calculated as follows: By multiplying the |
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|
|
1 | | Net State Utility Tax Increment
by 90% in year 16; 80% in year |
2 | | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. |
3 | | Refunding of any bonds issued prior to June 1, 1988, shall not
|
4 | | alter the revised Net State Utility Tax Increment payments set |
5 | | forth above.
|
6 | | (l) "Obligations" mean bonds, loans, debentures, notes, |
7 | | special certificates
or other evidence of indebtedness issued |
8 | | by the municipality to carry out
a redevelopment project or to |
9 | | refund outstanding obligations.
|
10 | | (m) "Payment in lieu of taxes" means those estimated tax |
11 | | revenues from
real property in a redevelopment project area |
12 | | derived from real property that
has been acquired by a |
13 | | municipality
which according to the redevelopment project or |
14 | | plan is to be used for a
private use which taxing districts |
15 | | would have received had a municipality
not acquired the real |
16 | | property and adopted tax increment allocation
financing and |
17 | | which would result from
levies made after the time of the |
18 | | adoption of tax increment allocation
financing to the time the |
19 | | current equalized value of real property in the
redevelopment |
20 | | project area exceeds the total initial equalized value of
real |
21 | | property in said area.
|
22 | | (n) "Redevelopment plan" means the comprehensive program |
23 | | of
the municipality for development or redevelopment intended |
24 | | by the payment of
redevelopment project costs to reduce or |
25 | | eliminate those conditions the
existence of which qualified the |
26 | | redevelopment project area as
a "blighted
area" or |
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1 | | "conservation area" or combination thereof or "industrial park
|
2 | | conservation area," and thereby to enhance the tax bases of the |
3 | | taxing
districts which extend into the redevelopment project |
4 | | area.
On and after November 1, 1999 (the effective date of
|
5 | | Public Act 91-478), no
redevelopment plan may be approved or |
6 | | amended that includes the development of
vacant land (i) with a |
7 | | golf course and related clubhouse and other facilities
or (ii) |
8 | | designated by federal, State, county, or municipal government |
9 | | as public
land for outdoor recreational activities or for |
10 | | nature preserves and used for
that purpose within 5
years prior |
11 | | to the adoption of the redevelopment plan. For the purpose of
|
12 | | this subsection, "recreational activities" is limited to mean |
13 | | camping and
hunting. On and after January 1, 2014, no |
14 | | redevelopment plan may be approved that allocates more than 40% |
15 | | of the estimated redevelopment project costs to residential |
16 | | developments, and no redevelopment plan shall be amended to |
17 | | exceed that 40% limitation. The limitations on the allocation |
18 | | of estimated redevelopment project costs to residential |
19 | | developments imposed by this amendatory Act of the 98th General |
20 | | Assembly do not apply to residential development projects that: |
21 | | (i) include affordable housing for low-income and very |
22 | | low-income households, as defined by the Illinois Affordable |
23 | | Housing Act; (ii) are located in a municipality with a |
24 | | population of less than 25,000 inhabitants; or (iii) are |
25 | | subject to a contract between the municipality and a developer |
26 | | in existence prior to the effective date of this amendatory Act |
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1 | | of the 98th General Assembly.
Each
redevelopment plan shall set |
2 | | forth in writing the program to be undertaken
to accomplish the |
3 | | objectives and shall include but not be limited to:
|
4 | | (A) an itemized list of estimated redevelopment |
5 | | project costs;
|
6 | | (B) evidence indicating that the redevelopment project |
7 | | area on the whole
has not been subject to growth and |
8 | | development through investment by private
enterprise;
|
9 | | (C) an assessment of any financial impact of the |
10 | | redevelopment project
area on or any increased demand for |
11 | | services from any taxing district affected
by the plan and |
12 | | any program to address such financial impact or increased
|
13 | | demand;
|
14 | | (D) the sources of funds to pay costs;
|
15 | | (E) the nature and term of the obligations to be |
16 | | issued;
|
17 | | (F) the most recent equalized assessed valuation of the |
18 | | redevelopment
project area;
|
19 | | (G) an estimate as to the equalized assessed valuation |
20 | | after redevelopment
and the general land uses to apply in |
21 | | the redevelopment project area;
|
22 | | (H) a commitment to fair employment practices and an |
23 | | affirmative action
plan;
|
24 | | (I) if it concerns an industrial park
conservation |
25 | | area, the plan shall
also include a general description
of |
26 | | any proposed developer, user and tenant of any property, a |
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1 | | description
of the type, structure and general character of |
2 | | the facilities to be
developed, a description of the type, |
3 | | class and number of new employees to
be employed in the |
4 | | operation of the facilities to be developed; and
|
5 | | (J) if property is to be annexed to the municipality, |
6 | | the plan shall
include the terms of the annexation |
7 | | agreement.
|
8 | | The provisions of items (B) and (C) of this subsection (n) |
9 | | shall not apply to
a municipality that before March 14, 1994 |
10 | | (the effective date of Public Act
88-537) had fixed, either by |
11 | | its
corporate authorities or by a commission designated under |
12 | | subsection (k) of
Section 11-74.4-4, a time and place for a |
13 | | public hearing as required by
subsection (a) of Section |
14 | | 11-74.4-5.
No redevelopment plan shall be adopted unless a
|
15 | | municipality complies with all of the following requirements:
|
16 | | (1) The municipality finds that the redevelopment |
17 | | project area on
the whole has not been subject to growth |
18 | | and development through investment
by private enterprise |
19 | | and would not reasonably be anticipated to be
developed |
20 | | without the adoption of the redevelopment plan.
|
21 | | (2) The municipality finds that the redevelopment plan |
22 | | and project conform
to the comprehensive plan for the |
23 | | development of the municipality as a whole,
or, for |
24 | | municipalities with a population of 100,000 or more, |
25 | | regardless of when
the redevelopment plan and project was |
26 | | adopted, the redevelopment plan and
project either: (i) |
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1 | | conforms to the strategic economic development or
|
2 | | redevelopment plan issued by the designated planning |
3 | | authority of the
municipality, or (ii) includes land uses |
4 | | that have been approved by the
planning commission of the |
5 | | municipality.
|
6 | | (3) The redevelopment plan establishes the estimated |
7 | | dates of completion
of the redevelopment project and |
8 | | retirement of obligations issued to finance
redevelopment |
9 | | project costs. Those dates may not be later than the dates |
10 | | set forth under Section 11-74.4-3.5.
|
11 | | A municipality may by municipal ordinance amend an |
12 | | existing redevelopment
plan to conform to this paragraph |
13 | | (3) as amended by Public Act 91-478, which
municipal |
14 | | ordinance may be adopted without
further hearing or
notice |
15 | | and without complying with the procedures provided in this |
16 | | Act
pertaining to an amendment to or the initial approval |
17 | | of a redevelopment plan
and project and
designation of a |
18 | | redevelopment project area.
|
19 | | (3.5) The municipality finds, in the case of an |
20 | | industrial
park
conservation area, also that the |
21 | | municipality is a labor surplus municipality
and that the |
22 | | implementation of the redevelopment plan will reduce |
23 | | unemployment,
create new jobs and by the provision of new |
24 | | facilities enhance the tax base of
the taxing districts |
25 | | that extend into the redevelopment project area.
|
26 | | (4) If any incremental revenues are being utilized |
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1 | | under
Section 8(a)(1)
or 8(a)(2) of this Act in |
2 | | redevelopment project areas approved by ordinance
after |
3 | | January 1, 1986, the municipality finds: (a) that the |
4 | | redevelopment
project area would not reasonably be |
5 | | developed without the use of such
incremental revenues, and |
6 | | (b) that such incremental revenues will be
exclusively |
7 | | utilized for the development of the redevelopment project |
8 | | area.
|
9 | | (5) If
the redevelopment plan will not result in
|
10 | | displacement of
residents from 10 or more inhabited |
11 | | residential units, and the
municipality certifies in the |
12 | | plan that
such displacement will not result from the plan, |
13 | | a housing impact study
need not be performed.
If, however, |
14 | | the redevelopment plan would result in the displacement
of
|
15 | | residents from 10 or more inhabited
residential units,
or |
16 | | if the redevelopment project area contains 75 or more |
17 | | inhabited residential
units and no
certification is made,
|
18 | | then the municipality shall prepare, as part of the |
19 | | separate
feasibility report required by subsection (a) of |
20 | | Section 11-74.4-5, a housing
impact study.
|
21 | | Part I of the housing impact study shall include (i) |
22 | | data as to whether
the residential units are single family |
23 | | or multi-family units,
(ii) the number and type of rooms |
24 | | within the units, if that information is
available, (iii) |
25 | | whether
the
units are inhabited or uninhabited, as |
26 | | determined not less than 45
days before the date that the |
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1 | | ordinance or resolution required
by subsection (a) of |
2 | | Section 11-74.4-5 is passed, and (iv) data as to the
racial |
3 | | and ethnic composition of the residents in the inhabited |
4 | | residential
units. The data requirement as to the racial |
5 | | and ethnic composition of the
residents in the inhabited |
6 | | residential units shall be deemed to be fully
satisfied by |
7 | | data from the most recent federal census.
|
8 | | Part II of the housing impact study shall identify the |
9 | | inhabited
residential units in the proposed redevelopment |
10 | | project area that are to be or
may be removed. If inhabited |
11 | | residential units are to be removed, then the
housing |
12 | | impact study shall identify (i) the number and location of |
13 | | those units
that will or may be removed, (ii) the |
14 | | municipality's plans for relocation
assistance for those |
15 | | residents in the proposed redevelopment project area
whose |
16 | | residences are to be removed, (iii) the availability of |
17 | | replacement
housing for those residents whose residences |
18 | | are to be removed, and shall
identify the type, location, |
19 | | and cost of the housing, and (iv) the type and
extent
of |
20 | | relocation assistance to be provided.
|
21 | | (6) On and after November 1, 1999, the
housing impact |
22 | | study required by paragraph (5) shall be
incorporated in |
23 | | the redevelopment plan for the
redevelopment project area.
|
24 | | (7) On and after November 1, 1999, no
redevelopment |
25 | | plan shall be adopted, nor an
existing plan amended, nor |
26 | | shall residential housing that is
occupied by households of |
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1 | | low-income and very low-income
persons in currently |
2 | | existing redevelopment project
areas be removed after |
3 | | November 1, 1999 unless the redevelopment plan provides, |
4 | | with
respect to inhabited housing units that are to be |
5 | | removed for
households of low-income and very low-income |
6 | | persons, affordable
housing and relocation assistance not |
7 | | less than that which would
be provided under the federal |
8 | | Uniform Relocation Assistance and
Real Property |
9 | | Acquisition Policies Act of 1970 and the regulations
under |
10 | | that Act, including the eligibility criteria.
Affordable |
11 | | housing may be either existing or newly constructed
|
12 | | housing. For purposes of this paragraph (7), "low-income
|
13 | | households", "very low-income households", and "affordable
|
14 | | housing" have the meanings set forth in the Illinois |
15 | | Affordable
Housing Act.
The municipality shall make a good |
16 | | faith effort to ensure that this affordable
housing is |
17 | | located in or near the redevelopment project area within |
18 | | the
municipality.
|
19 | | (8) On and after November 1, 1999, if,
after the |
20 | | adoption of the redevelopment plan for the
redevelopment |
21 | | project area, any municipality desires to amend its
|
22 | | redevelopment plan
to remove more inhabited residential |
23 | | units than
specified in its original redevelopment plan, |
24 | | that change shall be made in
accordance with the procedures |
25 | | in subsection (c) of Section 11-74.4-5.
|
26 | | (9) For redevelopment project areas designated prior |
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1 | | to November 1,
1999, the redevelopment plan may be amended |
2 | | without further joint review board
meeting or hearing, |
3 | | provided that the municipality shall give notice of any
|
4 | | such changes by mail to each affected taxing district and |
5 | | registrant on the
interested party registry, to authorize |
6 | | the municipality to expend tax
increment revenues for |
7 | | redevelopment project costs defined by paragraphs (5)
and |
8 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and |
9 | | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so |
10 | | long as the changes do not increase the
total estimated |
11 | | redevelopment project costs set out in the redevelopment |
12 | | plan
by more than 5% after adjustment for inflation from |
13 | | the date the plan was
adopted.
|
14 | | (o) "Redevelopment project" means any public and private |
15 | | development project
in furtherance of the objectives of a |
16 | | redevelopment plan.
On and after November 1, 1999 (the |
17 | | effective date of Public Act 91-478), no
redevelopment plan may |
18 | | be approved or amended that includes the development
of vacant |
19 | | land (i) with a golf course and related clubhouse and other
|
20 | | facilities
or (ii) designated by federal, State, county, or |
21 | | municipal government as public
land for outdoor recreational |
22 | | activities or for nature preserves and used for
that purpose |
23 | | within 5
years prior to the adoption of the redevelopment plan. |
24 | | For the purpose of
this subsection, "recreational activities" |
25 | | is limited to mean camping and
hunting.
|
26 | | (p) "Redevelopment project area" means an area designated |
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1 | | by
the
municipality, which is not less in the aggregate than 1 |
2 | | 1/2 acres and in
respect to which the municipality has made a |
3 | | finding that there exist
conditions which cause the area to be |
4 | | classified as an industrial park
conservation area or a |
5 | | blighted area or a conservation area, or a
combination of both |
6 | | blighted areas and conservation areas.
|
7 | | (p-1) Notwithstanding any provision of this Act to the |
8 | | contrary, on and after August 25, 2009 (the effective date of |
9 | | Public Act 96-680), a redevelopment project area may include |
10 | | areas within a one-half mile radius of an existing or proposed |
11 | | Regional Transportation Authority Suburban Transit Access |
12 | | Route (STAR Line) station without a finding that the area is |
13 | | classified as an industrial park conservation area, a blighted |
14 | | area, a conservation area, or a combination thereof, but only |
15 | | if the municipality receives unanimous consent from the joint |
16 | | review board created to review the proposed redevelopment |
17 | | project area. |
18 | | (q) "Redevelopment project costs", except for |
19 | | redevelopment project areas created pursuant to subsection |
20 | | (p-1), means and includes the sum total of all
reasonable or |
21 | | necessary costs incurred or estimated to be incurred, and
any |
22 | | such costs incidental to a redevelopment plan and a |
23 | | redevelopment
project. Such costs include, without limitation, |
24 | | 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; including any direct or indirect costs |
26 | | relating to Green Globes or LEED certified construction |
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1 | | elements or construction elements with an equivalent |
2 | | certification;
|
3 | | (4) Costs of the construction of public works or |
4 | | improvements, including any direct or indirect costs |
5 | | relating to Green Globes or LEED certified construction |
6 | | elements or construction elements with an equivalent |
7 | | certification, except
that on and after November 1, 1999,
|
8 | | redevelopment
project costs shall not include the cost of |
9 | | constructing a
new municipal public building principally |
10 | | used to provide
offices, storage space, or conference |
11 | | facilities or vehicle storage,
maintenance, or repair for |
12 | | administrative,
public safety, or public works personnel
|
13 | | and that is not intended to replace an existing
public |
14 | | building as provided under paragraph (3) of subsection (q) |
15 | | of Section
11-74.4-3
unless either (i) the construction of |
16 | | the new municipal building
implements a redevelopment |
17 | | project that was included in a redevelopment plan
that was |
18 | | adopted by the municipality prior to November 1, 1999 or |
19 | | (ii) the
municipality makes a reasonable
determination in |
20 | | the redevelopment plan, supported by information that |
21 | | provides
the basis for that determination, that the new |
22 | | municipal building is required
to meet an increase in the |
23 | | need for public safety purposes anticipated to
result from |
24 | | the implementation of the redevelopment plan;
|
25 | | (5) Costs of job training and retraining projects, |
26 | | including the cost of
"welfare to work" programs |
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1 | | implemented by businesses located within the
redevelopment |
2 | | project area;
|
3 | | (6) Financing costs, including but not limited to all |
4 | | necessary and
incidental expenses related to the issuance |
5 | | of obligations and which may
include payment of interest on |
6 | | any obligations issued hereunder including
interest |
7 | | accruing
during the estimated period of construction of any |
8 | | redevelopment project
for which such obligations are |
9 | | issued and for not exceeding 36 months
thereafter and |
10 | | including reasonable reserves related thereto;
|
11 | | (7) To the extent the municipality by written agreement |
12 | | accepts and
approves
the same, all or a portion of a taxing |
13 | | district's capital costs resulting
from the redevelopment |
14 | | project necessarily incurred or to be incurred within a
|
15 | | taxing district in
furtherance of the objectives of the |
16 | | redevelopment plan and project.
|
17 | | (7.5) For redevelopment project areas designated (or |
18 | | redevelopment
project areas amended to add or increase the |
19 | | number of
tax-increment-financing assisted housing units) |
20 | | on or after November 1,
1999,
an elementary, secondary,
or |
21 | | unit school
district's increased costs attributable to |
22 | | assisted housing units located
within the
redevelopment |
23 | | project area for which the developer or redeveloper |
24 | | receives
financial assistance through an agreement with |
25 | | the municipality or because the
municipality incurs the |
26 | | cost of necessary infrastructure improvements within
the |
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1 | | boundaries of the assisted housing sites necessary for the |
2 | | completion of
that housing
as authorized by this Act, and |
3 | | which costs shall be paid by the municipality
from the |
4 | | Special Tax Allocation Fund when the tax increment revenue |
5 | | is received
as a result of the assisted housing units and |
6 | | shall be calculated annually as
follows:
|
7 | | (A) for foundation districts, excluding any school |
8 | | district in a
municipality with a population in excess |
9 | | of 1,000,000, by multiplying the
district's increase |
10 | | in attendance resulting from the net increase in new
|
11 | | students enrolled in that school district who reside in |
12 | | housing units within
the redevelopment project area |
13 | | that have received financial assistance through
an |
14 | | agreement with the municipality or because the |
15 | | municipality incurs the cost
of necessary |
16 | | infrastructure improvements within the boundaries of |
17 | | the housing
sites necessary for the completion of that |
18 | | housing as authorized by this Act
since the designation |
19 | | of the redevelopment project area by the most recently
|
20 | | available per capita tuition cost as defined in Section |
21 | | 10-20.12a of the School
Code less any increase in |
22 | | general State aid as defined in Section 18-8.05 of
the |
23 | | School Code attributable to these added new students |
24 | | subject to the
following annual limitations:
|
25 | | (i) for unit school districts with a district |
26 | | average 1995-96 Per
Capita
Tuition Charge of less |
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1 | | than $5,900, no more than 25% of the total amount |
2 | | of
property tax increment revenue produced by |
3 | | those housing units that have
received tax |
4 | | increment finance assistance under this Act;
|
5 | | (ii) for elementary school districts with a |
6 | | district average 1995-96
Per
Capita Tuition Charge |
7 | | of less than $5,900, no more than 17% 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; and
|
11 | | (iii) for secondary school districts with a |
12 | | district average 1995-96
Per
Capita Tuition Charge |
13 | | of less than $5,900, no more than 8% of the total |
14 | | amount
of property tax increment revenue produced |
15 | | by those housing units that have
received tax |
16 | | increment finance assistance under this Act.
|
17 | | (B) For alternate method districts, flat grant |
18 | | districts, and foundation
districts with a district |
19 | | average 1995-96 Per Capita Tuition Charge equal to or
|
20 | | more than $5,900, excluding any school district with a |
21 | | population in excess of
1,000,000, by multiplying the |
22 | | district's increase in attendance
resulting
from the |
23 | | net increase in new students enrolled in that school |
24 | | district who
reside in
housing units within the |
25 | | redevelopment project area that have received
|
26 | | financial assistance through an agreement with the |
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1 | | municipality or because the
municipality incurs the |
2 | | cost of necessary infrastructure improvements within
|
3 | | the boundaries of the housing sites necessary for the |
4 | | completion of that
housing as authorized by this Act |
5 | | since the designation of the redevelopment
project |
6 | | area by the most recently available per capita tuition |
7 | | cost as defined
in Section 10-20.12a of the School Code |
8 | | less any increase in general state aid
as defined in |
9 | | Section 18-8.05 of the School Code attributable to |
10 | | these added
new students subject to the following |
11 | | annual limitations:
|
12 | | (i) for unit school districts, no more than 40% |
13 | | of the total amount of
property tax increment |
14 | | revenue produced by those housing units that have
|
15 | | received tax increment finance assistance under |
16 | | this Act;
|
17 | | (ii) for elementary school districts, no more |
18 | | than 27% of the total
amount
of property tax |
19 | | increment revenue produced by those housing units |
20 | | that have
received tax increment finance |
21 | | assistance under this Act; and
|
22 | | (iii) for secondary school districts, no more |
23 | | than 13% of the total
amount
of property tax |
24 | | increment revenue produced by those housing units |
25 | | that have
received tax increment finance |
26 | | assistance under this Act.
|
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1 | | (C) For any school district in a municipality with |
2 | | a population in
excess of
1,000,000, the following |
3 | | restrictions shall apply to the
reimbursement of |
4 | | increased costs under this paragraph (7.5):
|
5 | | (i) no increased costs shall be reimbursed |
6 | | unless the school district
certifies that each of |
7 | | the schools affected by the assisted housing |
8 | | project
is at or over its student capacity;
|
9 | | (ii) the amount reimbursable shall be reduced |
10 | | by the value of any
land
donated to the school |
11 | | district by the municipality or developer, and by |
12 | | the
value of any physical improvements made to the |
13 | | schools by the
municipality or developer; and
|
14 | | (iii) the amount reimbursed may not affect |
15 | | amounts otherwise obligated
by
the terms of any |
16 | | bonds, notes, or other funding instruments, or the |
17 | | terms of
any redevelopment agreement.
|
18 | | Any school district seeking payment under this |
19 | | paragraph (7.5) shall,
after July 1 and before |
20 | | September 30 of each year,
provide the municipality |
21 | | with reasonable evidence to support its claim for
|
22 | | reimbursement before the municipality shall be |
23 | | required to approve or make
the payment to the school |
24 | | district. If the school district fails to provide
the |
25 | | information during this period in any year, it shall |
26 | | forfeit any claim to
reimbursement for that year. |
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1 | | School districts may adopt a resolution
waiving the |
2 | | right to all or a portion of the reimbursement |
3 | | otherwise required
by this paragraph
(7.5). By |
4 | | acceptance of this reimbursement the school
district |
5 | | waives the right to directly or indirectly set aside, |
6 | | modify, or
contest in any manner the establishment of |
7 | | the redevelopment project area or
projects;
|
8 | | (7.7) For redevelopment project areas designated (or |
9 | | redevelopment
project areas amended to add or increase the |
10 | | number of
tax-increment-financing assisted housing units) |
11 | | on or after
January 1, 2005 (the effective date of Public |
12 | | Act 93-961),
a public library
district's increased costs |
13 | | attributable to assisted housing units located
within the
|
14 | | redevelopment project area for which the developer or |
15 | | redeveloper receives
financial assistance through an |
16 | | agreement with the municipality or because the
|
17 | | municipality incurs the cost of necessary infrastructure |
18 | | improvements within
the boundaries of the assisted housing |
19 | | sites necessary for the completion of
that housing
as |
20 | | authorized by this Act shall be paid to the library |
21 | | district by the
municipality
from the Special Tax |
22 | | Allocation Fund when the tax increment revenue is received
|
23 | | as a result of the assisted housing units. This paragraph |
24 | | (7.7) applies only if (i) the library district is located |
25 | | in a county that is subject to the Property Tax Extension |
26 | | Limitation Law or (ii) the library district is not located |
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1 | | in a county that is subject to the Property Tax Extension |
2 | | Limitation Law but the district is prohibited by any other |
3 | | law from increasing its tax levy rate without a prior voter |
4 | | referendum.
|
5 | | The amount paid to a library district under this |
6 | | paragraph (7.7) shall be
calculated
by multiplying (i) the |
7 | | net increase in the number of persons eligible to obtain
a
|
8 | | library card
in that district who reside in housing units |
9 | | within
the redevelopment project area that have received |
10 | | financial assistance through
an agreement with the |
11 | | municipality or because the municipality incurs the cost
of |
12 | | necessary infrastructure improvements within the |
13 | | boundaries of the housing
sites necessary for the |
14 | | completion of that housing as authorized by this Act
since |
15 | | the designation of the redevelopment project area by (ii)
|
16 | | the per-patron cost of providing library services so long |
17 | | as it does not exceed $120.
The per-patron cost shall be |
18 | | the Total Operating Expenditures Per Capita for the library |
19 | | in the previous fiscal year.
The municipality may deduct |
20 | | from the amount that it must pay to a library district |
21 | | under this paragraph any amount that it has voluntarily |
22 | | paid to the library district from the tax increment |
23 | | revenue. The amount paid to a library district under this |
24 | | paragraph (7.7) shall be no
more
than 2% of the amount |
25 | | produced by the assisted housing units and deposited into |
26 | | the Special Tax Allocation Fund.
|
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1 | | A library district is not eligible for any payment |
2 | | under this paragraph
(7.7)
unless the library district has |
3 | | experienced an increase in the
number of patrons from the |
4 | | municipality that created the tax-increment-financing |
5 | | district since the designation of the redevelopment |
6 | | project area.
|
7 | | Any library district seeking payment under this |
8 | | paragraph (7.7) shall,
after July 1 and before September 30 |
9 | | of each year,
provide the municipality with convincing |
10 | | evidence to support its claim for
reimbursement before the |
11 | | municipality shall be required to approve or make
the |
12 | | payment to the library district. If the library district |
13 | | fails to provide
the information during this period in any |
14 | | year, it shall forfeit any claim to
reimbursement for that |
15 | | year. Library districts may adopt a resolution
waiving the |
16 | | right to all or a portion of the reimbursement otherwise |
17 | | required by this paragraph (7.7). By acceptance of such |
18 | | reimbursement, the library district shall forfeit any |
19 | | right to directly or indirectly set aside, modify, or |
20 | | contest in any manner whatsoever the establishment of the |
21 | | redevelopment project area or
projects;
|
22 | | (8) Relocation costs to the extent that a municipality |
23 | | determines that
relocation costs shall be paid or is |
24 | | required to make payment of relocation
costs by federal or |
25 | | State law or in order to satisfy subparagraph (7) of
|
26 | | subsection (n);
|
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1 | | (9) Payment in lieu of taxes;
|
2 | | (10) Costs of job training, retraining, advanced |
3 | | vocational education
or career
education, including but |
4 | | not limited to courses in occupational,
semi-technical or |
5 | | technical fields leading directly to employment, incurred
|
6 | | by one or more taxing districts, provided that such costs |
7 | | (i) are related
to the establishment and maintenance of |
8 | | additional job training, advanced
vocational education or |
9 | | career education programs for persons employed or
to be |
10 | | employed by employers located in a redevelopment project |
11 | | area; and
(ii) when incurred by a taxing district or taxing |
12 | | districts other than the
municipality, are set forth in a |
13 | | written agreement by or among the
municipality and the |
14 | | taxing district or taxing districts, which agreement
|
15 | | describes the program to be undertaken, including but not |
16 | | limited to the
number of employees to be trained, a |
17 | | description of the training and
services to be provided, |
18 | | the number and type of positions available or to
be |
19 | | available, itemized costs of the program and sources of |
20 | | funds to pay for the
same, and the term of the agreement. |
21 | | Such costs include, specifically, the
payment by community |
22 | | college districts of costs pursuant to Sections 3-37,
3-38, |
23 | | 3-40 and 3-40.1 of the Public Community College Act and by |
24 | | school
districts of costs pursuant to Sections 10-22.20a |
25 | | and 10-23.3a of The School
Code;
|
26 | | (11) Interest cost incurred by a redeveloper related to |
|
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1 | | the
construction, renovation or rehabilitation of a |
2 | | redevelopment project
provided that:
|
3 | | (A) such costs are to be paid directly from the |
4 | | special tax
allocation fund established pursuant to |
5 | | this Act;
|
6 | | (B) such payments in any one year may not exceed |
7 | | 30% of the annual
interest costs incurred by the |
8 | | redeveloper with regard to the redevelopment
project |
9 | | during that year;
|
10 | | (C) if there are not sufficient funds available in |
11 | | the special tax
allocation fund to make the payment |
12 | | pursuant to this paragraph (11) then
the amounts so due |
13 | | shall accrue and be payable when sufficient funds are
|
14 | | available in the special tax allocation fund;
|
15 | | (D) the total of such interest payments paid |
16 | | pursuant to this Act
may not exceed 30% of the total |
17 | | (i) cost paid or incurred by the
redeveloper for the |
18 | | redevelopment project plus (ii) redevelopment project
|
19 | | costs excluding any property assembly costs and any |
20 | | relocation costs
incurred by a municipality pursuant |
21 | | to this Act; and
|
22 | | (E) the cost limits set forth in subparagraphs (B) |
23 | | and (D) of
paragraph (11) shall be modified for the |
24 | | financing of rehabilitated or
new housing units for |
25 | | low-income households and very low-income households, |
26 | | as
defined in
Section 3 of the Illinois Affordable |
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1 | | Housing Act. The percentage of
75% shall be substituted |
2 | | for 30% in subparagraphs (B) and (D) of
paragraph (11).
|
3 | | (F) Instead of the eligible costs provided by |
4 | | subparagraphs (B) and (D)
of
paragraph (11), as |
5 | | modified by this subparagraph, and notwithstanding
any |
6 | | other provisions of this Act to the contrary, the |
7 | | municipality may
pay from tax increment revenues up to |
8 | | 50% of the cost of construction
of new housing units to |
9 | | be occupied by low-income households and very
|
10 | | low-income
households as defined in Section 3 of the |
11 | | Illinois Affordable Housing
Act. The cost of |
12 | | construction of those units may be derived from the
|
13 | | proceeds of bonds issued by the municipality under this |
14 | | Act or
other constitutional or statutory authority or |
15 | | from other sources of
municipal revenue that may be |
16 | | reimbursed from tax increment
revenues or the proceeds |
17 | | of bonds issued to finance the construction
of that |
18 | | housing.
|
19 | | The eligible costs provided under this |
20 | | subparagraph (F) of paragraph (11)
shall
be
an eligible |
21 | | cost for the construction, renovation, and |
22 | | rehabilitation of all
low and very low-income housing |
23 | | units, as defined in Section 3 of the Illinois
|
24 | | Affordable Housing Act, within the redevelopment |
25 | | project area. If the low and
very
low-income units are |
26 | | part of a residential redevelopment project that |
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1 | | includes
units not affordable to low and very |
2 | | low-income households, only the low and
very |
3 | | low-income units shall be eligible for benefits under |
4 | | subparagraph (F) of
paragraph (11).
The standards for |
5 | | maintaining the occupancy
by low-income households and |
6 | | very low-income households,
as
defined in Section 3 of |
7 | | the Illinois Affordable Housing Act,
of those units |
8 | | constructed with eligible costs made available under |
9 | | the
provisions of
this subparagraph (F) of paragraph |
10 | | (11)
shall be
established by guidelines adopted by the |
11 | | municipality. The
responsibility for annually |
12 | | documenting the initial occupancy of
the units by |
13 | | low-income households and very low-income households, |
14 | | as defined
in
Section 3
of the Illinois Affordable |
15 | | Housing Act, shall be that of the then current
owner of |
16 | | the property.
For ownership units, the guidelines will |
17 | | provide, at a minimum, for a
reasonable recapture of |
18 | | funds, or other appropriate methods designed to
|
19 | | preserve the original affordability of the ownership |
20 | | units. For rental units,
the guidelines will provide, |
21 | | at a minimum, for the affordability of rent to low
and |
22 | | very low-income households. As units become available, |
23 | | they shall be
rented to income-eligible tenants.
The |
24 | | municipality may modify these
guidelines from time to |
25 | | time; the guidelines, however, shall be in effect
for |
26 | | as long as tax increment revenue is being used to pay |
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1 | | for costs
associated with the units or for the |
2 | | retirement of bonds issued to finance
the units or for |
3 | | the life of the redevelopment project area, whichever |
4 | | is
later.
|
5 | | (11.5) If the redevelopment project area is located |
6 | | within a municipality
with a population of more than |
7 | | 100,000, the cost of day care services for
children of |
8 | | employees from
low-income
families working for businesses |
9 | | located within the redevelopment project area
and all or a
|
10 | | portion of the cost of operation of day care centers |
11 | | established by
redevelopment project
area businesses to |
12 | | serve employees from low-income families working in
|
13 | | businesses
located in the redevelopment project area. For |
14 | | the purposes of this paragraph,
"low-income families" |
15 | | means families whose annual income does not exceed 80% of
|
16 | | the
municipal, county, or regional median income, adjusted |
17 | | for family size, as the
annual
income and municipal, |
18 | | county, or regional median income are determined from
time |
19 | | to
time by the United States Department of Housing and |
20 | | Urban Development.
|
21 | | (12) Unless explicitly stated herein the cost of |
22 | | construction of new
privately-owned buildings shall not be |
23 | | an eligible redevelopment project cost.
|
24 | | (13) After November 1, 1999 (the effective date of |
25 | | Public Act
91-478), none of
the
redevelopment project costs |
26 | | enumerated in this subsection shall be eligible
|
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1 | | redevelopment project costs if those costs would provide |
2 | | direct financial
support to a
retail entity initiating |
3 | | operations in the
redevelopment project area while
|
4 | | terminating operations at another Illinois location within |
5 | | 10 miles of the
redevelopment project area but outside the |
6 | | boundaries of the redevelopment
project area municipality. |
7 | | For
purposes of this paragraph, termination means a
closing |
8 | | of a retail operation that is directly related to the |
9 | | opening of the
same operation or like retail entity owned |
10 | | or operated by more than 50% of the
original ownership in a |
11 | | redevelopment project area, but
it does not mean
closing an |
12 | | operation for reasons beyond the control of the
retail |
13 | | entity, as
documented by the retail entity, subject to a |
14 | | reasonable finding by the
municipality that the current |
15 | | location contained inadequate space, had become
|
16 | | economically obsolete, or was no longer a viable location |
17 | | for the retailer or
serviceman.
|
18 | | (14) No cost shall be a redevelopment project cost in a |
19 | | redevelopment project area if used to demolish, remove, or |
20 | | substantially modify a historic resource, after August 26, |
21 | | 2008 (the effective date of Public Act 95-934), unless no |
22 | | prudent and feasible alternative exists. "Historic |
23 | | resource" for the purpose of this item (14) means (i) a |
24 | | place or structure that is included or eligible for |
25 | | inclusion on the National Register of Historic Places or |
26 | | (ii) a contributing structure in a district on the National |
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1 | | Register of Historic Places. This item (14) does not apply |
2 | | to a place or structure for which demolition, removal, or |
3 | | modification is subject to review by the preservation |
4 | | agency of a Certified Local Government designated as such |
5 | | by the National Park Service of the United States |
6 | | Department of the Interior. |
7 | | If a special service area has been established pursuant to
|
8 | | the Special Service Area Tax Act or Special Service Area Tax |
9 | | Law, then any
tax increment revenues derived
from the tax |
10 | | imposed pursuant to the Special Service Area Tax Act or Special
|
11 | | Service Area Tax Law may
be used within the redevelopment |
12 | | project area for the purposes permitted by
that Act or Law as |
13 | | well as the purposes permitted by this Act.
|
14 | | (q-1) For redevelopment project areas created pursuant to |
15 | | subsection (p-1), redevelopment project costs are limited to |
16 | | those costs in paragraph (q) that are related to the existing |
17 | | or proposed Regional Transportation Authority Suburban Transit |
18 | | Access Route (STAR Line) station. |
19 | | (r) "State Sales Tax Boundary" means the redevelopment |
20 | | project area or
the amended redevelopment project area |
21 | | boundaries which are determined
pursuant to subsection (9) of |
22 | | Section 11-74.4-8a of this
Act. The Department of Revenue shall |
23 | | certify pursuant to subsection (9) of
Section 11-74.4-8a the |
24 | | appropriate boundaries eligible for the
determination of State |
25 | | Sales Tax Increment.
|
26 | | (s) "State Sales Tax Increment" means an amount equal to |
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1 | | the increase
in the aggregate amount of taxes paid by retailers |
2 | | and servicemen, other
than retailers and servicemen subject to |
3 | | the Public Utilities Act,
on transactions at places of business |
4 | | located within a State Sales Tax
Boundary pursuant to the |
5 | | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use |
6 | | Tax Act, and the Service Occupation Tax Act, except such
|
7 | | portion of such increase that is paid into the State and Local |
8 | | Sales Tax
Reform Fund, the Local Government Distributive Fund, |
9 | | the Local
Government Tax Fund and the County and Mass Transit |
10 | | District Fund, for as
long as State participation exists, over |
11 | | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales |
12 | | Tax Amounts or the Revised Initial Sales
Tax Amounts for such |
13 | | taxes as certified by the Department of Revenue and
paid under |
14 | | those Acts by retailers and servicemen on transactions at |
15 | | places
of business located within the State Sales Tax Boundary |
16 | | during the base
year which shall be the calendar year |
17 | | immediately prior to the year in
which the municipality adopted |
18 | | tax increment allocation financing, less
3.0% of such amounts |
19 | | generated under the Retailers' Occupation Tax Act, Use
Tax Act |
20 | | and Service Use Tax Act and the Service Occupation Tax Act, |
21 | | which
sum shall be appropriated to the Department of Revenue to |
22 | | cover its costs
of administering and enforcing this Section. |
23 | | For purposes of computing the
aggregate amount of such taxes |
24 | | for base years occurring prior to 1985, the
Department of |
25 | | Revenue shall compute the Initial Sales Tax Amount for such
|
26 | | taxes and deduct therefrom an amount equal to 4% of the |
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1 | | aggregate amount of
taxes per year for each year the base year |
2 | | is prior to 1985, but not to
exceed a total deduction of 12%. |
3 | | The amount so determined shall be known
as the "Adjusted |
4 | | Initial Sales Tax Amount". For purposes of determining the
|
5 | | State Sales Tax Increment the Department of Revenue shall for |
6 | | each period
subtract from the tax amounts received from |
7 | | retailers and servicemen on
transactions located in the State |
8 | | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, |
9 | | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax |
10 | | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
|
11 | | the Service Use Tax Act and the Service Occupation Tax Act. For |
12 | | the State
Fiscal Year 1989 this calculation shall be made by |
13 | | utilizing the calendar
year 1987 to determine the tax amounts |
14 | | received. For the State Fiscal Year
1990, this calculation |
15 | | shall be made by utilizing the period from January
1, 1988, |
16 | | until September 30, 1988, to determine the tax amounts received
|
17 | | from retailers and servicemen, which shall have deducted |
18 | | therefrom
nine-twelfths of the certified Initial Sales Tax |
19 | | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised |
20 | | Initial Sales Tax Amounts as appropriate.
For the State Fiscal |
21 | | Year 1991, this calculation shall be made by utilizing
the |
22 | | period from October 1, 1988, until June 30, 1989, to determine |
23 | | the tax
amounts received from retailers and servicemen, which |
24 | | shall have
deducted therefrom nine-twelfths of the certified |
25 | | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax |
26 | | Amounts or the Revised Initial Sales
Tax Amounts as |
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1 | | appropriate. For every State Fiscal Year thereafter, the
|
2 | | applicable period shall be the 12 months beginning July 1 and |
3 | | ending on
June 30, to determine the tax amounts received which |
4 | | shall have deducted
therefrom the certified Initial Sales Tax |
5 | | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised |
6 | | Initial Sales Tax Amounts. Municipalities
intending to receive |
7 | | a distribution of State Sales Tax Increment must
report a list |
8 | | of retailers to the Department of Revenue by October 31, 1988
|
9 | | and by July 31, of each year thereafter.
|
10 | | (t) "Taxing districts" means counties, townships, cities |
11 | | and incorporated
towns and villages, school, road, park, |
12 | | sanitary, mosquito abatement, forest
preserve, public health, |
13 | | fire protection, river conservancy, tuberculosis
sanitarium |
14 | | and any other municipal corporations or districts with the |
15 | | power
to levy taxes.
|
16 | | (u) "Taxing districts' capital costs" means those costs of |
17 | | taxing districts
for capital improvements that are found by the |
18 | | municipal corporate authorities
to be necessary and directly |
19 | | result from the redevelopment project.
|
20 | | (v) As used in subsection (a) of Section 11-74.4-3 of this
|
21 | | Act, "vacant
land" means any parcel or combination of parcels |
22 | | of real property without
industrial, commercial, and |
23 | | residential buildings which has not been used
for commercial |
24 | | agricultural purposes within 5 years prior to the
designation |
25 | | of the redevelopment project area, unless the parcel
is |
26 | | included in an industrial park conservation area or the parcel |
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1 | | has
been subdivided; provided that if the parcel was part of a |
2 | | larger tract that
has been divided into 3 or more smaller |
3 | | tracts that were accepted for
recording during the period from |
4 | | 1950 to 1990, then the parcel shall be deemed
to have been |
5 | | subdivided, and all proceedings and actions of the municipality
|
6 | | taken in that connection with respect to any previously |
7 | | approved or designated
redevelopment project area or amended |
8 | | redevelopment project area are hereby
validated and hereby |
9 | | declared to be legally sufficient for all purposes of this
Act.
|
10 | | For purposes of this Section and only for land subject to
the |
11 | | subdivision requirements of the Plat Act, land is subdivided |
12 | | when the
original plat of
the proposed Redevelopment Project |
13 | | Area or relevant portion thereof has
been
properly certified, |
14 | | acknowledged, approved, and recorded or filed in accordance
|
15 | | with the Plat Act and a preliminary plat, if any, for any |
16 | | subsequent phases of
the
proposed Redevelopment Project Area or |
17 | | relevant portion thereof has been
properly approved and filed |
18 | | in accordance with the applicable ordinance of the
|
19 | | municipality.
|
20 | | (w) "Annual Total Increment" means the sum of each |
21 | | municipality's
annual Net Sales Tax Increment and each |
22 | | municipality's annual Net Utility
Tax Increment. The ratio of |
23 | | the Annual Total Increment of each
municipality to the Annual |
24 | | Total Increment for all municipalities, as most
recently |
25 | | calculated by the Department, shall determine the proportional
|
26 | | shares of the Illinois Tax Increment Fund to be distributed to |
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1 | | each
municipality.
|
2 | | (x) "LEED certified" means any certification level of |
3 | | construction elements by a qualified Leadership in Energy and |
4 | | Environmental Design Accredited Professional as determined by |
5 | | the U.S. Green Building Council. |
6 | | (y) "Green Globes certified" means any certification level |
7 | | of construction elements by a qualified Green Globes |
8 | | Professional as determined by the Green Building Initiative. |
9 | | (Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; |
10 | | 96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff. |
11 | | 1-1-12.) |
12 | | (65 ILCS 5/11-74.4-3.5) |
13 | | Sec. 11-74.4-3.5. Completion dates for redevelopment |
14 | | projects. |
15 | | (a) Unless otherwise stated in this Section, the estimated |
16 | | dates of completion
of the redevelopment project and retirement |
17 | | of obligations issued to finance
redevelopment project costs |
18 | | (including refunding bonds under Section 11-74.4-7) may not be
|
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 23rd
calendar year after the year in which |
23 | | the ordinance approving the
redevelopment project area was |
24 | | adopted if the ordinance was adopted on or after
January 15, |
25 | | 1981. |
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1 | | (a-5) On and after January 1, 2014, the estimated date of |
2 | | completion of a redevelopment project and retirement of |
3 | | obligations issued to finance redevelopment project costs, |
4 | | including, but not limited to, refunding bonds under Section |
5 | | 11-74.4-7, shall be no later than December 31 of the year in |
6 | | which the payment to the municipal treasurer, as provided in |
7 | | subsection (b) of Section 11-74.4-8, is to be made with respect |
8 | | to ad valorem taxes levied in the 23rd calendar year after the |
9 | | year in which the ordinance approving the redevelopment project |
10 | | area was adopted unless all taxing districts serving on the |
11 | | joint review board send documentation supporting a later |
12 | | estimated date of completion to the State Comptroller and the |
13 | | extension of the later estimated date of completion date is |
14 | | authorized by a subsequent amendment to this Code. The State |
15 | | Comptroller must post this documentation on the State |
16 | | Comptroller's official website. This information must be |
17 | | posted no later than 45 days after the State Comptroller |
18 | | receives the information from the taxing districts. |
19 | | (b) The estimated dates of completion of the redevelopment |
20 | | project and retirement of obligations issued to finance |
21 | | redevelopment project costs (including refunding bonds under |
22 | | Section 11-74.4-7) may not be later than December 31 of the |
23 | | year in which the payment to the municipal treasurer as |
24 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
25 | | to be made with respect to ad valorem taxes levied in the 32nd |
26 | | calendar year after the year in which the ordinance approving |
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1 | | the redevelopment project area was adopted , if the ordinance |
2 | | was adopted on September 9, 1999 by the Village of Downs. |
3 | | The estimated dates of completion
of the redevelopment |
4 | | project and retirement of obligations issued to finance
|
5 | | redevelopment project costs (including refunding bonds under |
6 | | Section 11-74.4-7) may not be later than December 31 of the |
7 | | year in which the payment to the municipal
treasurer as |
8 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
9 | | to
be made with respect to ad valorem taxes levied in the 33rd |
10 | | calendar
year after the year in which the ordinance approving |
11 | | the
redevelopment project area was adopted , if the ordinance |
12 | | was adopted on May 20, 1985 by the Village of Wheeling. |
13 | | The estimated dates of completion of the redevelopment |
14 | | project and retirement of obligations issued to finance |
15 | | redevelopment project costs (including refunding bonds under |
16 | | Section 11-74.4-7) may not be later than December 31 of the |
17 | | year in which the payment to the municipal treasurer as |
18 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
19 | | to be made with respect to ad valorem taxes levied in the 28th |
20 | | calendar year after the year in which the ordinance approving |
21 | | the redevelopment project area was adopted , if the ordinance |
22 | | was adopted on October 12, 1989 by the City of Lawrenceville. |
23 | | (c) The estimated dates of completion
of the redevelopment |
24 | | project and retirement of obligations issued to finance
|
25 | | redevelopment project costs (including refunding bonds under |
26 | | Section 11-74.4-7) may not be later than December 31 of the |
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1 | | year in which the payment to the municipal
treasurer as |
2 | | provided in subsection (b) of Section 11-74.4-8 of this Act is |
3 | | to
be made with respect to ad valorem taxes levied in the 35th |
4 | | calendar
year after the year in which the ordinance approving |
5 | | the
redevelopment project area was adopted: |
6 | | (1) if the ordinance was adopted before January 15, |
7 | | 1981; |
8 | | (2) if the ordinance was adopted in December 1983, |
9 | | April 1984, July 1985,
or December 1989; |
10 | | (3) if the ordinance was adopted in December 1987 and |
11 | | the redevelopment
project is located within one mile of |
12 | | Midway Airport; |
13 | | (4) if the ordinance was adopted before January 1, 1987 |
14 | | by a municipality in
Mason County; |
15 | | (5) if the municipality is subject to the Local |
16 | | Government Financial Planning
and Supervision Act or the |
17 | | Financially Distressed City Law; |
18 | | (6) if the ordinance was adopted in December 1984 by |
19 | | the Village of Rosemont; |
20 | | (7) if the ordinance was adopted on December 31, 1986 |
21 | | by a municipality
located in Clinton County for which at |
22 | | least $250,000 of tax increment
bonds were authorized on |
23 | | June 17, 1997, or if the ordinance was adopted on
December |
24 | | 31, 1986 by a municipality with a population in 1990 of |
25 | | less than
3,600 that is located in a county with a |
26 | | population in 1990 of less than
34,000 and for which at |
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1 | | least $250,000 of tax increment bonds were authorized
on |
2 | | June 17, 1997; |
3 | | (8) if the ordinance was adopted on October 5, 1982 by |
4 | | the City of Kankakee, or if the ordinance was adopted on |
5 | | December 29, 1986 by East St. Louis; |
6 | | (9) if
the ordinance was adopted on November 12, 1991 |
7 | | by the Village of Sauget; |
8 | | (10) if the ordinance was
adopted on February 11, 1985 |
9 | | by the City of Rock Island; |
10 | | (11) if the ordinance was adopted before December 18, |
11 | | 1986 by the City of
Moline; |
12 | | (12) if the ordinance was adopted in September 1988 by |
13 | | Sauk Village; |
14 | | (13) if the ordinance was adopted in October 1993 by |
15 | | Sauk Village; |
16 | | (14) if the ordinance was adopted on December 29, 1986 |
17 | | by the City of Galva; |
18 | | (15) if the ordinance was adopted in March 1991 by the |
19 | | City of Centreville; |
20 | | (16) if the ordinance was adopted on January 23, 1991
|
21 | | by the City of East St. Louis; |
22 | | (17) if the ordinance was adopted on December 22, 1986 |
23 | | by the City of Aledo; |
24 | | (18) if the ordinance was adopted on February 5, 1990 |
25 | | by the City of Clinton; |
26 | | (19) if the ordinance was adopted on September 6, 1994 |
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1 | | by the City of Freeport; |
2 | | (20) if the ordinance was adopted on December 22, 1986 |
3 | | by the City of Tuscola; |
4 | | (21) if the ordinance was adopted on December 23, 1986 |
5 | | by the City of Sparta; |
6 | | (22) if the ordinance was adopted on December 23, 1986 |
7 | | by the City of
Beardstown; |
8 | | (23) if the ordinance was adopted on April 27, 1981, |
9 | | October 21, 1985, or
December 30, 1986 by the City of |
10 | | Belleville; |
11 | | (24) if the ordinance was adopted on December 29, 1986 |
12 | | by the City of
Collinsville; |
13 | | (25) if the ordinance was adopted on September 14, 1994 |
14 | | by the
City of Alton; |
15 | | (26) if the ordinance was adopted on November 11, 1996 |
16 | | by the
City of Lexington; |
17 | | (27) if the ordinance was adopted on November 5, 1984 |
18 | | by
the City of LeRoy; |
19 | | (28) if the ordinance was adopted on April 3, 1991 or
|
20 | | June 3, 1992 by the City of Markham; |
21 | | (29) if the ordinance was adopted on November 11, 1986 |
22 | | by the City of Pekin; |
23 | | (30) if the ordinance was adopted on December 15, 1981 |
24 | | by the City of Champaign; |
25 | | (31) if the ordinance was adopted on December 15, 1986 |
26 | | by the City of Urbana; |
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1 | | (32) if the ordinance was adopted on December 15, 1986 |
2 | | by the Village of Heyworth; |
3 | | (33) if the ordinance was adopted on February 24, 1992 |
4 | | by the Village of Heyworth; |
5 | | (34) if the ordinance was adopted on March 16, 1995 by |
6 | | the Village of Heyworth; |
7 | | (35) if the ordinance was adopted on December 23, 1986 |
8 | | by the Town of Cicero; |
9 | | (36) if the ordinance was adopted on December 30, 1986 |
10 | | by the City of Effingham; |
11 | | (37) if the ordinance was adopted on May 9, 1991 by the |
12 | | Village of
Tilton; |
13 | | (38) if the ordinance was adopted on October 20, 1986 |
14 | | by the City of Elmhurst; |
15 | | (39) if the ordinance was adopted on January 19, 1988 |
16 | | by the City of
Waukegan; |
17 | | (40) if the ordinance was adopted on September 21, 1998 |
18 | | by the City of
Waukegan; |
19 | | (41) if the ordinance was adopted on December 31, 1986 |
20 | | by the City of Sullivan; |
21 | | (42) if the ordinance was adopted on December 23, 1991 |
22 | | by the City of Sullivan; |
23 | | (43) if the ordinance was adopted on December 31, 1986 |
24 | | by the City of Oglesby; |
25 | | (44) if the ordinance was adopted on July 28, 1987 by |
26 | | the City of Marion; |
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1 | | (45) if the ordinance was adopted on April 23, 1990 by |
2 | | the City of Marion; |
3 | | (46) if the ordinance was adopted on August 20, 1985 by |
4 | | the Village of Mount Prospect; |
5 | | (47) if the ordinance was adopted on February 2, 1998 |
6 | | by the Village of Woodhull; |
7 | | (48) if the ordinance was adopted on April 20, 1993 by |
8 | | the Village of Princeville; |
9 | | (49) if the ordinance was adopted on July 1, 1986 by |
10 | | the City of Granite City; |
11 | | (50) if the ordinance was adopted on February 2, 1989 |
12 | | by the Village of Lombard; |
13 | | (51) if the ordinance was adopted on December 29, 1986 |
14 | | by the Village of Gardner; |
15 | | (52) if the ordinance was adopted on July 14, 1999 by |
16 | | the Village of Paw Paw; |
17 | | (53) if the ordinance was adopted on November 17, 1986 |
18 | | by the Village of Franklin Park; |
19 | | (54) if the ordinance was adopted on November 20, 1989 |
20 | | by the Village of South Holland; |
21 | | (55) if the ordinance was adopted on July 14, 1992 by |
22 | | the Village of Riverdale; |
23 | | (56) if the ordinance was adopted on December 29, 1986 |
24 | | by the City of Galesburg; |
25 | | (57) if the ordinance was adopted on April 1, 1985 by |
26 | | the City of Galesburg; |
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1 | | (58) if the ordinance was adopted on May 21, 1990 by |
2 | | the City of West Chicago; |
3 | | (59) if the ordinance was adopted on December 16, 1986 |
4 | | by the City of Oak Forest; |
5 | | (60) if the ordinance was adopted in 1999 by the City |
6 | | of Villa Grove; |
7 | | (61) if the ordinance was adopted on January 13, 1987 |
8 | | by the Village of Mt. Zion; |
9 | | (62) if the ordinance was adopted on December 30, 1986 |
10 | | by the Village of Manteno; |
11 | | (63) if the ordinance was adopted on April 3, 1989 by |
12 | | the City of Chicago Heights; |
13 | | (64) if the ordinance was adopted on January 6, 1999 by |
14 | | the Village of Rosemont; |
15 | | (65) if the ordinance was adopted on December 19, 2000 |
16 | | by the Village of Stone Park; |
17 | | (66) if the ordinance was adopted on December 22, 1986 |
18 | | by the City of DeKalb; |
19 | | (67) if the ordinance was adopted on December 2, 1986 |
20 | | by the City of Aurora;
|
21 | | (68)
if the ordinance was adopted on December 31, 1986 |
22 | | by the Village of Milan; |
23 | | (69)
if the ordinance was adopted on September 8, 1994 |
24 | | by the City of West Frankfort; |
25 | | (70) if the ordinance was adopted on December 23, 1986 |
26 | | by the Village of Libertyville; |
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1 | | (71) if the ordinance was adopted on December 22, 1986 |
2 | | by the Village of Hoffman Estates;
|
3 | | (72) if the ordinance was adopted on September 17, 1986 |
4 | | by the Village of Sherman;
|
5 | | (73) if the ordinance was adopted on December 16, 1986 |
6 | | by the City of Macomb; |
7 | | (74) if the ordinance was adopted on June 11, 2002 by |
8 | | the City of East Peoria to create the West Washington |
9 | | Street TIF; |
10 | | (75) if the ordinance was adopted on June 11, 2002 by |
11 | | the City of East Peoria to create the Camp Street TIF;
|
12 | | (76) if the ordinance was adopted on August 7, 2000 by |
13 | | the City of Des Plaines; |
14 | | (77) if the ordinance was adopted on December 22, 1986 |
15 | | by the City of Washington to create the Washington Square |
16 | | TIF #2; |
17 | | (78) if the ordinance was adopted on December 29, 1986 |
18 | | by the City of Morris;
|
19 | | (79) if the ordinance was adopted on July 6, 1998 by |
20 | | the Village of Steeleville; |
21 | | (80) if the ordinance was adopted on December 29, 1986 |
22 | | by the City of Pontiac to create TIF I (the Main St TIF); |
23 | | (81) if the ordinance was adopted on December 29, 1986 |
24 | | by the City of Pontiac to create TIF II (the Interstate |
25 | | TIF); |
26 | | (82) if the ordinance was adopted on November 6, 2002 |
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1 | | by the City of Chicago to create the Madden/Wells TIF |
2 | | District; |
3 | | (83) if the ordinance was adopted on November 4, 1998 |
4 | | by the City of Chicago to create the Roosevelt/Racine TIF |
5 | | District; |
6 | | (84) if the ordinance was adopted on June 10, 1998 by |
7 | | the City of Chicago to create the Stony Island |
8 | | Commercial/Burnside Industrial Corridors TIF District; |
9 | | (85) if the ordinance was adopted on November 29, 1989 |
10 | | by the City of Chicago to create the Englewood Mall TIF |
11 | | District; |
12 | | (86) if the ordinance was adopted on December 27, 1986 |
13 | | by the City of Mendota; |
14 | | (87) if the ordinance was adopted on December 31, 1986 |
15 | | by the Village of Cahokia; |
16 | | (88) if the ordinance was adopted on September 20, 1999 |
17 | | by the City of Belleville; |
18 | | (89) if the ordinance was adopted on December 30, 1986 |
19 | | by the Village of Bellevue to create the Bellevue TIF |
20 | | District 1; |
21 | | (90) if the ordinance was adopted on December 13, 1993 |
22 | | by the Village of Crete; |
23 | | (91) if the ordinance was adopted on February 12, 2001 |
24 | | by the Village of Crete; |
25 | | (92) if the ordinance was adopted on April 23, 2001 by |
26 | | the Village of Crete; |
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1 | | (93) if the ordinance was adopted on December 16, 1986 |
2 | | by the City of Champaign; |
3 | | (94) if the ordinance was adopted on December 20, 1986 |
4 | | by the City of Charleston; |
5 | | (95) if the ordinance was adopted on June 6, 1989 by |
6 | | the Village of Romeoville; |
7 | | (96) if the ordinance was adopted on October 14, 1993 |
8 | | and amended on August 2, 2010 by the City of Venice; |
9 | | (97) if the ordinance was adopted on June 1, 1994 by |
10 | | the City of Markham; |
11 | | (98) if the ordinance was adopted on May 19, 1998 by |
12 | | the Village of Bensenville; |
13 | | (99) if the ordinance was adopted on November 12, 1987 |
14 | | by the City of Dixon; |
15 | | (100) if the ordinance was adopted on December 20, 1988 |
16 | | by the Village of Lansing; |
17 | | (101) if the ordinance was adopted on October 27, 1998 |
18 | | by the City of Moline; or |
19 | | (102) if the ordinance was adopted on May 21, 1991 by |
20 | | the Village of Glenwood ; . |
21 | | (103) (102) if the ordinance was adopted on January 28, |
22 | | 1992 by the City of East Peoria; or |
23 | | (104) (103) if the ordinance was adopted on December |
24 | | 14, 1998 by the City of Carlyle. |
25 | | (d) For redevelopment project areas for which bonds were |
26 | | issued before
July 29, 1991, or for which contracts were |
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1 | | entered into before June 1,
1988, in connection with a |
2 | | redevelopment project in the area within
the State Sales Tax |
3 | | Boundary, the estimated dates of completion of the
|
4 | | redevelopment project and retirement of obligations to finance |
5 | | redevelopment
project costs (including refunding bonds under |
6 | | Section 11-74.4-7) may be extended by municipal ordinance to |
7 | | December 31, 2013.
The termination procedures of subsection (b) |
8 | | of Section 11-74.4-8 are not
required for
these redevelopment |
9 | | project areas in 2009 but are required in 2013.
The extension |
10 | | allowed by Public Act 87-1272 shall not apply to real
property |
11 | | tax increment allocation financing under Section 11-74.4-8. |
12 | | (e) Those dates, for purposes of real property tax |
13 | | increment allocation
financing pursuant to Section 11-74.4-8 |
14 | | only, shall be not more than 35 years
for redevelopment project |
15 | | areas that were adopted on or after December 16,
1986 and for |
16 | | which at least $8 million worth of municipal bonds were |
17 | | authorized
on or after December 19, 1989 but before January 1, |
18 | | 1990; provided that the
municipality elects to extend the life |
19 | | of the redevelopment project area to 35
years by the adoption |
20 | | of an ordinance after at least 14 but not more than 30
days' |
21 | | written notice to the taxing bodies, that would otherwise |
22 | | constitute the
joint review board for the redevelopment project |
23 | | area, before the adoption of
the ordinance. |
24 | | (f) Those dates, for purposes of real property tax |
25 | | increment allocation
financing pursuant to Section 11-74.4-8 |
26 | | only, shall be not more than 35 years
for redevelopment project |
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1 | | areas that were established on or after December 1,
1981 but |
2 | | before January 1, 1982 and for which at least $1,500,000 worth |
3 | | of
tax increment revenue bonds were authorized
on or after |
4 | | September 30, 1990 but before July 1, 1991; provided that the
|
5 | | municipality elects to extend the life of the redevelopment |
6 | | project area to 35
years by the adoption of an ordinance after |
7 | | at least 14 but not more than 30
days' written notice to the |
8 | | taxing bodies, that would otherwise constitute the
joint review |
9 | | board for the redevelopment project area, before the adoption |
10 | | of
the ordinance. |
11 | | (g) In consolidating the material relating to completion |
12 | | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, |
13 | | it is not the intent of the General Assembly to make any |
14 | | substantive change in the law, except for the extension of the |
15 | | completion dates for the City of Aurora, the Village of Milan,
|
16 | | the City of West Frankfort, the Village of Libertyville, and |
17 | | the Village of Hoffman Estates set forth under items (67),
|
18 | | (68), (69), (70), and (71) of subsection (c) of this Section. |
19 | | (Source: P.A. 96-127, eff. 8-4-09; 96-182, eff. 8-10-09; |
20 | | 96-208, eff. 8-10-09; 96-209, eff. 1-1-10; 96-213, eff. |
21 | | 8-10-09; 96-264, eff. 8-11-09; 96-328, eff. 8-11-09; 96-439, |
22 | | eff. 8-14-09; 96-454, eff. 8-14-09; 96-722, eff. 8-25-09; |
23 | | 96-773, eff. 8-28-09; 96-830, eff. 12-4-09; 96-837, eff. |
24 | | 12-16-09; 96-1000, eff. 7-2-10; 96-1359, eff. 7-28-10; |
25 | | 96-1494, eff. 12-30-10; 96-1514, eff. 2-4-11; 96-1552, eff. |
26 | | 3-10-11; 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, eff. |
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1 | | 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; 97-807, |
2 | | eff. 7-13-12; 97-1114, eff. 8-27-12; revised 9-20-12.)
|
3 | | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
|
4 | | Sec. 11-74.4-4. Municipal powers and duties; redevelopment |
5 | | project
areas. The changes made by this amendatory Act of the |
6 | | 91st General Assembly
do not apply to a municipality that, (i) |
7 | | before the effective date of this
amendatory Act of the 91st |
8 | | General Assembly, has adopted an ordinance or
resolution fixing |
9 | | a time and place for a
public hearing under Section 11-74.4-5 |
10 | | or (ii) before July 1, 1999, has
adopted an ordinance or |
11 | | resolution providing for a feasibility study under
Section |
12 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving |
13 | | redevelopment plans and redevelopment projects or designating
|
14 | | redevelopment project areas under this Section, until after |
15 | | that
municipality adopts an ordinance
approving redevelopment |
16 | | plans and redevelopment projects or designating
redevelopment |
17 | | project areas under this Section; thereafter the changes made |
18 | | by
this amendatory Act of the 91st General Assembly apply to |
19 | | the same extent that
they apply to
redevelopment plans and |
20 | | redevelopment projects that were approved and
redevelopment |
21 | | projects that were designated before the effective date of this
|
22 | | amendatory Act of the 91st General Assembly.
|
23 | | A municipality may: |
24 | | (a) By ordinance introduced in the
governing body of the |
25 | | municipality within 14 to 90 days from the completion
of the |
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1 | | hearing specified in Section 11-74.4-5
approve redevelopment |
2 | | plans and redevelopment projects, and designate
redevelopment |
3 | | project areas pursuant to notice and hearing required by this
|
4 | | Act. No redevelopment project area shall be designated unless a |
5 | | plan and
project are approved
prior to the designation of such |
6 | | area and such area
shall include only those contiguous parcels |
7 | | of real property and
improvements thereon substantially |
8 | | benefited by the proposed redevelopment
project improvements.
|
9 | | Upon adoption of the ordinances, the municipality shall |
10 | | forthwith transmit to the Department of Commerce and Economic |
11 | | Opportunity, the State Comptroller, and
the county clerk of the |
12 | | county or counties within which the redevelopment
project area |
13 | | is located a certified copy of the ordinances, a legal |
14 | | description
of the redevelopment project area, a map of the |
15 | | redevelopment project area,
identification of the year that the |
16 | | county clerk shall use for determining the
total initial |
17 | | equalized assessed value of the redevelopment project area
|
18 | | consistent with subsection (a) of Section 11-74.4-9, and a
list |
19 | | of the parcel or tax identification number of each parcel of |
20 | | property
included in the redevelopment project area. On and |
21 | | after January 1, 2014, the State Comptroller must post this |
22 | | documentation on the State Comptroller's official website. |
23 | | This information must be posted no later than 45 days after the |
24 | | State Comptroller receives it from the municipality. |
25 | | Notwithstanding any other provision of law, in a municipality |
26 | | with a population exceeding 25,000 inhabitants, no |
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1 | | redevelopment project area may be designated on or after |
2 | | January 1, 2014 if, as of the anticipated effective date of the |
3 | | designation, the equalized assessed value of all property in |
4 | | the redevelopment project area plus the total current equalized |
5 | | assessed value of all property located in the municipality and |
6 | | subject to tax increment financing under this Division exceeds |
7 | | 35% of the total equalized assessed value of all property |
8 | | located in the municipality.
|
9 | | (b) Make and enter into all contracts with property owners, |
10 | | developers,
tenants, overlapping taxing bodies, and others |
11 | | necessary or incidental to the
implementation and furtherance |
12 | | of its redevelopment plan and project.
Contract provisions |
13 | | concerning loan repayment obligations in contracts
entered |
14 | | into on or after the effective date of this amendatory Act
of
|
15 | | the 93rd
General Assembly shall terminate no later than the |
16 | | last to occur of the
estimated dates of
completion of the
|
17 | | redevelopment project and retirement of the obligations issued |
18 | | to finance
redevelopment
project costs as required by item (3) |
19 | | of subsection (n) of Section 11-74.4-3.
Payments received under
|
20 | | contracts entered
into by the
municipality prior to the |
21 | | effective date of this amendatory Act of the 93rd
General
|
22 | | Assembly that are received after the redevelopment project area |
23 | | has been
terminated by
municipal ordinance shall be deposited |
24 | | into a special fund of the municipality
to be used
for other |
25 | | community redevelopment needs within the redevelopment project
|
26 | | area.
|
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1 | | (c) Within a redevelopment project area, acquire by |
2 | | purchase, donation,
lease or
eminent domain; own, convey, |
3 | | lease, mortgage or dispose of land
and other property, real or |
4 | | personal, or rights or interests therein, and
grant or acquire |
5 | | licenses, easements and options with respect thereto, all
in |
6 | | the manner and at such price the municipality determines is |
7 | | reasonably
necessary to achieve the objectives of the |
8 | | redevelopment plan and project.
No conveyance, lease, |
9 | | mortgage, disposition of land or other property owned
by a |
10 | | municipality, or
agreement relating to the development of such |
11 | | municipal property
shall be
made except
upon the adoption of an |
12 | | ordinance by the corporate authorities of the
municipality. |
13 | | Furthermore, no conveyance, lease, mortgage, or other
|
14 | | disposition of land owned by a municipality or agreement |
15 | | relating to the
development of such municipal property
shall be |
16 | | made without making public disclosure of the terms of the
|
17 | | disposition and all bids and proposals made in response to the
|
18 | | municipality's request. The procedures for obtaining such bids |
19 | | and
proposals shall provide reasonable opportunity for any |
20 | | person to submit
alternative proposals or bids.
|
21 | | (d) Within a redevelopment project area, clear any area by
|
22 | | demolition or removal of any existing buildings and structures.
|
23 | | (e) Within a redevelopment project area, renovate or |
24 | | rehabilitate or
construct any structure or building, as |
25 | | permitted under this Act.
|
26 | | (f) Install, repair, construct, reconstruct or relocate |
|
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1 | | streets, utilities
and site improvements essential to the |
2 | | preparation of the redevelopment
area for use in accordance |
3 | | with a redevelopment plan.
|
4 | | (g) Within a redevelopment project area, fix, charge and |
5 | | collect fees,
rents and charges for the use of any building or |
6 | | property owned or leased
by it or any part thereof, or facility |
7 | | therein.
|
8 | | (h) Accept grants, guarantees and donations of property, |
9 | | labor, or other
things of value from a public or private source |
10 | | for use within a project
redevelopment area.
|
11 | | (i) Acquire and construct public facilities within a |
12 | | redevelopment project
area, as permitted under this Act.
|
13 | | (j) Incur project redevelopment costs and reimburse |
14 | | developers who incur
redevelopment project costs authorized by |
15 | | a redevelopment agreement; provided,
however, that on and
after |
16 | | the effective date of this amendatory
Act of the 91st General |
17 | | Assembly, no municipality shall incur redevelopment
project |
18 | | costs (except for planning costs and any other eligible costs
|
19 | | authorized by municipal ordinance or resolution that are |
20 | | subsequently included
in the
redevelopment plan for the area |
21 | | and are incurred by the municipality after the
ordinance or |
22 | | resolution is adopted)
that are
not consistent with the program |
23 | | for
accomplishing the objectives of the
redevelopment plan as |
24 | | included in that plan and approved by the
municipality until |
25 | | the municipality has amended
the redevelopment plan as provided |
26 | | elsewhere in this Act.
|
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1 | | (k) Create a commission of not less than 5 or more than 15 |
2 | | persons to
be appointed by the mayor or president of the |
3 | | municipality with the consent
of the majority of the governing |
4 | | board of the municipality. Members of a
commission appointed |
5 | | after the effective date of this amendatory Act of
1987 shall |
6 | | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
|
7 | | respectively, in such numbers as to provide that the terms of |
8 | | not more than
1/3 of all such members shall expire in any one |
9 | | year. Their successors
shall be appointed for a term of 5 |
10 | | years. The commission, subject to
approval of the corporate |
11 | | authorities may exercise the powers enumerated in
this Section. |
12 | | The commission shall also have the power to hold the public
|
13 | | hearings required by this division and make recommendations to |
14 | | the
corporate authorities concerning the adoption of |
15 | | redevelopment plans,
redevelopment projects and designation of |
16 | | redevelopment project areas.
|
17 | | (l) Make payment in lieu of taxes or a portion thereof to |
18 | | taxing districts.
If payments in lieu of taxes or a portion |
19 | | thereof are made to taxing districts,
those payments shall be |
20 | | made to all districts within a project redevelopment
area on a |
21 | | basis which is proportional to the current collections of |
22 | | revenue
which each taxing district receives from real property |
23 | | in the redevelopment
project area.
|
24 | | (m) Exercise any and all other powers necessary to |
25 | | effectuate the purposes
of this Act.
|
26 | | (n) If any member of the corporate authority, a member of a |
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1 | | commission
established pursuant to Section 11-74.4-4(k) of |
2 | | this Act, or an employee
or consultant of the municipality |
3 | | involved in the planning and preparation
of a redevelopment |
4 | | plan, or project for a redevelopment project area or
proposed |
5 | | redevelopment project area, as defined in Sections |
6 | | 11-74.4-3(i)
through (k) of this Act, owns or controls an |
7 | | interest, direct or indirect,
in any property included in any |
8 | | redevelopment area, or proposed
redevelopment area, he or she |
9 | | shall disclose the same in writing to the
clerk of the |
10 | | municipality, and shall also so disclose the dates and terms
|
11 | | and conditions of any disposition of any such interest, which |
12 | | disclosures
shall be acknowledged by the corporate authorities |
13 | | and entered upon the
minute books of the corporate authorities. |
14 | | If an individual
holds such an interest then that individual |
15 | | shall refrain from any further
official involvement in regard |
16 | | to such redevelopment plan, project or area,
from voting on any |
17 | | matter pertaining to such redevelopment plan, project
or area, |
18 | | or communicating with other members concerning corporate |
19 | | authorities,
commission or employees concerning any matter |
20 | | pertaining to said redevelopment
plan, project or area. |
21 | | Furthermore, no such member or employee shall acquire
of any |
22 | | interest direct, or indirect, in any property in a |
23 | | redevelopment
area or proposed redevelopment area after either |
24 | | (a) such individual obtains
knowledge of such plan, project or |
25 | | area or (b) first public notice of such
plan, project or area |
26 | | pursuant to Section 11-74.4-6 of this Division, whichever
|
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1 | | occurs first.
For the
purposes of this subsection, a property |
2 | | interest
acquired in a
single parcel of property by a member of |
3 | | the corporate authority, which
property
is used
exclusively as |
4 | | the member's primary residence, shall not be deemed to
|
5 | | constitute an
interest in any property included in a |
6 | | redevelopment area or proposed
redevelopment area
that was |
7 | | established before December 31, 1989, but the member must |
8 | | disclose the
acquisition to the municipal clerk under the |
9 | | provisions of this subsection.
A single property interest
|
10 | | acquired within one year after the effective date of this |
11 | | amendatory Act of the 94th General Assembly or 2 years after |
12 | | the effective date of this amendatory Act of the 95th General |
13 | | Assembly by a member of the corporate authority does not
|
14 | | constitute an
interest in any property included in any |
15 | | redevelopment area or proposed
redevelopment area, regardless |
16 | | of when the redevelopment area was established, if (i) the
|
17 | | property
is used
exclusively as the member's primary residence, |
18 | | (ii) the member discloses the acquisition to the municipal |
19 | | clerk under the provisions of this subsection, (iii) the |
20 | | acquisition is for fair market value, (iv) the member acquires |
21 | | the property as a result of the property being publicly |
22 | | advertised for sale, and (v) the member refrains from voting |
23 | | on, and communicating with other members concerning, any matter |
24 | | when the benefits to the redevelopment project or area would be |
25 | | significantly greater than the benefits to the municipality as |
26 | | a whole. For the purposes of this subsection, a month-to-month |
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1 | | leasehold interest
in a single parcel of property by a member |
2 | | of the corporate authority
shall not be deemed to constitute an |
3 | | interest in any property included in any
redevelopment area or |
4 | | proposed redevelopment area, but the member must disclose
the |
5 | | interest to the municipal clerk under the provisions of this |
6 | | subsection.
|
7 | | (o) Create a Tax Increment Economic Development Advisory |
8 | | Committee to
be appointed by the Mayor or President of the |
9 | | municipality with the consent
of the majority of the governing |
10 | | board of the municipality, the members of
which Committee shall |
11 | | be appointed for initial terms of 1, 2, 3, 4 and 5
years |
12 | | respectively, in such numbers as to provide that the terms of |
13 | | not
more than 1/3 of all such members shall expire in any one |
14 | | year. Their
successors shall be appointed for a term of 5 |
15 | | years. The Committee shall
have none of the powers enumerated |
16 | | in this Section. The Committee shall
serve in an advisory |
17 | | capacity only. The Committee may advise the governing
Board of |
18 | | the municipality and other municipal officials regarding
|
19 | | development issues and opportunities within the redevelopment |
20 | | project area
or the area within the State Sales Tax Boundary. |
21 | | The Committee may also
promote and publicize development |
22 | | opportunities in the redevelopment
project area or the area |
23 | | within the State Sales Tax Boundary.
|
24 | | (p) Municipalities may jointly undertake and perform |
25 | | redevelopment plans
and projects and utilize the provisions of |
26 | | the Act wherever they have
contiguous redevelopment project |
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1 | | areas or they determine to adopt tax
increment financing with |
2 | | respect to a redevelopment project area which
includes |
3 | | contiguous real property within the boundaries of the
|
4 | | municipalities, and in doing so, they may, by agreement between
|
5 | | municipalities, issue obligations, separately or jointly, and |
6 | | expend
revenues received under the Act for eligible expenses |
7 | | anywhere within
contiguous redevelopment project areas or as |
8 | | otherwise permitted in the Act.
|
9 | | (q) Utilize revenues, other than State sales tax increment |
10 | | revenues,
received under this Act from one redevelopment |
11 | | project area for
eligible
costs in another redevelopment |
12 | | project area that is:
|
13 | | (i) contiguous to the redevelopment project area from |
14 | | which the revenues are received; |
15 | | (ii) separated only by a public right of way from the |
16 | | redevelopment project area from which the revenues are |
17 | | received; or |
18 | | (iii) separated only by forest preserve property from |
19 | | the redevelopment project
area from which the revenues are |
20 | | received if the closest boundaries of the redevelopment |
21 | | project areas that are separated by the forest preserve |
22 | | property are less than one mile apart.
|
23 | | Utilize tax increment revenues for eligible costs that are |
24 | | received from a
redevelopment project area created under the |
25 | | Industrial Jobs Recovery Law that
is either contiguous to, or |
26 | | is separated only by a public right of way from,
the |
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1 | | redevelopment project area created under this Act which |
2 | | initially receives
these revenues. Utilize revenues, other |
3 | | than State sales tax increment
revenues, by transferring or |
4 | | loaning such revenues to a redevelopment project
area created |
5 | | under the Industrial Jobs Recovery Law that is either |
6 | | contiguous
to, or separated only by a public right of way from |
7 | | the redevelopment project
area that initially produced and |
8 | | received those revenues; and, if the
redevelopment
project area |
9 | | (i) was established before the effective date of this |
10 | | amendatory
Act of the 91st General Assembly and (ii) is located |
11 | | within a municipality with
a population of more than 100,000,
|
12 | | utilize revenues or proceeds of obligations authorized by |
13 | | Section 11-74.4-7 of
this
Act, other than use or occupation tax |
14 | | revenues, to pay for any redevelopment
project costs as defined |
15 | | by subsection (q) of Section 11-74.4-3 to the extent
that the |
16 | | redevelopment project costs involve public property that is |
17 | | either
contiguous to, or separated only by a public right of |
18 | | way from, a redevelopment
project area whether or not |
19 | | redevelopment project costs or the source of
payment for the |
20 | | costs are specifically set forth in the redevelopment plan for
|
21 | | the redevelopment project area.
|
22 | | (r) If no redevelopment project has been initiated in a
|
23 | | redevelopment
project area within 7 years after the area was |
24 | | designated by ordinance under
subsection (a), the municipality |
25 | | shall adopt an ordinance repealing the area's
designation as a |
26 | | redevelopment project area; provided, however, that if an area
|
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1 | | received its
designation more than 3 years before the effective |
2 | | date of this amendatory Act
of 1994 and no redevelopment |
3 | | project has been initiated
within 4 years after the effective |
4 | | date of this amendatory Act of 1994, the
municipality shall |
5 | | adopt an ordinance repealing its designation as a
redevelopment |
6 | | project area. Initiation of a redevelopment project shall be
|
7 | | evidenced by either a signed redevelopment agreement or |
8 | | expenditures on
eligible redevelopment project costs |
9 | | associated with a redevelopment project. |
10 | | Notwithstanding any other provision of this Section to the |
11 | | contrary, with respect to a redevelopment project area |
12 | | designated by an ordinance that was adopted on July 29, 1998 by |
13 | | the City of Chicago, the City of Chicago shall adopt an |
14 | | ordinance repealing the area's designation as a redevelopment |
15 | | project area if no redevelopment project has been initiated in |
16 | | the redevelopment project area within 15 years after the |
17 | | designation of the area. The City of Chicago may retroactively |
18 | | repeal any ordinance adopted by the City of Chicago, pursuant |
19 | | to this subsection (r), that repealed the designation of a |
20 | | redevelopment project area designated by an ordinance that was |
21 | | adopted by the City of Chicago on July 29, 1998. The City of |
22 | | Chicago has 90 days after the effective date of this amendatory |
23 | | Act to repeal the ordinance. The changes to this Section made |
24 | | by this amendatory Act of the 96th General Assembly apply |
25 | | retroactively to July 27, 2005.
|
26 | | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
|
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1 | | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
|
2 | | Sec. 11-74.4-5. Public hearing; joint review board. |
3 | | (a) The changes made by this amendatory Act of the 91st
|
4 | | General Assembly do not apply to a municipality that, (i) |
5 | | before the
effective date of this amendatory Act of the 91st |
6 | | General Assembly,
has adopted an ordinance or resolution fixing |
7 | | a time and place for a
public hearing under this Section or |
8 | | (ii) before July 1, 1999, has adopted
an ordinance or |
9 | | resolution providing for a feasibility study under Section
|
10 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving |
11 | | redevelopment plans and redevelopment projects or designating
|
12 | | redevelopment project areas under Section 11-74.4-4, until |
13 | | after that
municipality adopts an ordinance
approving |
14 | | redevelopment plans and redevelopment projects or designating
|
15 | | redevelopment project areas under Section 11-74.4-4; |
16 | | thereafter the changes
made by this amendatory Act of the 91st |
17 | | General Assembly apply to the same
extent that they apply to
|
18 | | redevelopment plans and redevelopment projects that were |
19 | | approved and
redevelopment projects that were designated |
20 | | before the effective date of this
amendatory Act of the 91st |
21 | | General Assembly.
|
22 | | Prior to the adoption of an ordinance proposing the
|
23 | | designation of a redevelopment project area, or approving a
|
24 | | redevelopment plan or redevelopment project, the municipality |
25 | | by its
corporate authorities, or as it may determine by any |
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1 | | commission
designated under subsection (k) of Section |
2 | | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time |
3 | | and place for public hearing.
At least 10 days prior to the |
4 | | adoption of the ordinance or resolution
establishing the time
|
5 | | and place for the public hearing, the municipality shall make |
6 | | available for
public inspection a redevelopment plan or a |
7 | | separate report that provides in
reasonable detail the basis |
8 | | for the eligibility of
the redevelopment project area. The |
9 | | report along with the name of a
person to
contact for further |
10 | | information shall be sent within a reasonable time
after the |
11 | | adoption of such ordinance or resolution to the
affected taxing |
12 | | districts
by certified mail.
On and after the effective date of |
13 | | this amendatory Act of the 91st General
Assembly, the |
14 | | municipality shall print in a newspaper of general circulation
|
15 | | within the municipality a notice that interested persons may |
16 | | register with the
municipality in order to receive information |
17 | | on the proposed designation of a
redevelopment project area or |
18 | | the approval of a redevelopment plan. The notice
shall state |
19 | | the place of registration and the operating hours of that |
20 | | place.
The municipality shall have adopted reasonable rules to |
21 | | implement this
registration process under Section 11-74.4-4.2.
|
22 | | The municipality shall provide notice of the availability of |
23 | | the
redevelopment plan and eligibility report, including how to |
24 | | obtain this
information, by mail within a reasonable time after |
25 | | the adoption of the
ordinance or resolution, to all residential |
26 | | addresses that, after a good faith
effort, the municipality |
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1 | | determines are located outside the proposed
redevelopment |
2 | | project area and within 750 feet of the
boundaries of the |
3 | | proposed redevelopment project area. This requirement is
|
4 | | subject to the limitation that in a municipality with a |
5 | | population of over
100,000, if the total number of residential |
6 | | addresses outside the proposed
redevelopment project area and |
7 | | within 750 feet of the
boundaries of the proposed redevelopment |
8 | | project area exceeds 750, the
municipality shall be required to |
9 | | provide the notice to only the 750
residential addresses that, |
10 | | after a good faith effort, the municipality
determines are |
11 | | outside the proposed redevelopment project area and closest
to |
12 | | the boundaries of the proposed redevelopment project
area.
|
13 | | Notwithstanding the foregoing, notice given after August 7, |
14 | | 2001 (the
effective date of Public Act 92-263) and before the |
15 | | effective date of this
amendatory Act of the 92nd General |
16 | | Assembly to residential addresses within 750
feet of the |
17 | | boundaries of a proposed redevelopment project area shall be |
18 | | deemed
to have been sufficiently given in compliance with this |
19 | | Act if given only to
residents outside the boundaries of the |
20 | | proposed redevelopment project area.
The notice shall also be |
21 | | provided by the municipality, regardless of its
population, to |
22 | | those organizations and residents that have registered with the
|
23 | | municipality for that information in accordance with the |
24 | | registration
guidelines established by the municipality under |
25 | | Section 11-74.4-4.2.
|
26 | | At the public hearing any
interested person or affected |
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1 | | taxing district may file with the
municipal clerk written |
2 | | objections to and may be heard orally in respect
to any issues |
3 | | embodied in the notice. The municipality shall hear all |
4 | | protests
and objections at the hearing , granting each witness a |
5 | | reasonable amount of time for testimony, and the hearing may
be |
6 | | adjourned to another date without further notice other than a |
7 | | motion
to be entered upon the minutes fixing the time and place |
8 | | of the
subsequent hearing.
At the public hearing or at any time |
9 | | prior to the
adoption by the municipality of an ordinance |
10 | | approving a redevelopment plan,
the municipality may make |
11 | | changes in the redevelopment plan. Changes which (1)
add |
12 | | additional parcels of property to the proposed redevelopment |
13 | | project area, other than parcels to be removed from a |
14 | | redevelopment project area for the purpose of inclusion in |
15 | | another redevelopment project area,
(2) substantially affect |
16 | | the general land uses proposed in the redevelopment
plan, (3) |
17 | | substantially change the nature of or extend the life of the
|
18 | | redevelopment project,
or (4) increase the number of inhabited |
19 | | residential units to be displaced from the redevelopment |
20 | | project area, as
measured from the time of creation of the |
21 | | redevelopment project area, to a total of more than
10,
shall |
22 | | be made only after the
municipality gives notice,
convenes a |
23 | | joint review board, and conducts a public hearing pursuant to |
24 | | the
procedures set forth in this Section and in Section |
25 | | 11-74.4-6 of this Act.
Changes which do not (1) add additional |
26 | | parcels of property to the proposed
redevelopment project area, |
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1 | | other than parcels to be removed from a redevelopment project |
2 | | area for the purpose of inclusion in another redevelopment |
3 | | project area, (2) substantially affect the general land uses
|
4 | | proposed in the redevelopment plan, (3) substantially change |
5 | | the nature of
or extend the life of the redevelopment project,
|
6 | | or (4) increase the number of inhabited residential units to be |
7 | | displaced from the redevelopment project area, as
measured from |
8 | | the time of creation of the redevelopment project area, to a |
9 | | total
of more than 10,
may be made without further
hearing, |
10 | | provided that the municipality shall give notice of any such |
11 | | changes
by mail to each affected taxing district and registrant |
12 | | on the interested
parties registry, provided for under Section |
13 | | 11-74.4-4.2, and by publication in
a newspaper of
general |
14 | | circulation within the affected taxing district. Such notice by |
15 | | mail
and by publication shall each occur not later than 10 days |
16 | | following the
adoption by ordinance of such changes. Hearings |
17 | | with regard to a redevelopment
project area, project or plan |
18 | | may be held simultaneously.
|
19 | | (b) Prior to holding a public hearing to approve or amend a |
20 | | redevelopment
plan or to designate or add additional parcels of |
21 | | property to a redevelopment
project area, the municipality
|
22 | | shall convene a joint review board. The board shall consist of |
23 | | a representative
selected by each community college district, |
24 | | local elementary school
district and high school district or |
25 | | each local community unit school
district, park district, |
26 | | library district, township, fire protection
district, and |
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1 | | county that will have the authority to
directly levy taxes on |
2 | | the property within the proposed redevelopment
project area at |
3 | | the time that the proposed redevelopment project area is
|
4 | | approved, a representative selected by the municipality and a |
5 | | public
member. The public member shall first be selected and |
6 | | then the board's
chairperson shall be selected by
a majority of |
7 | | the board members present and voting.
|
8 | | For redevelopment project areas with redevelopment plans |
9 | | or proposed
redevelopment plans that would
result in the |
10 | | displacement of residents from 10 or more inhabited residential
|
11 | | units or that include 75 or more inhabited residential units, |
12 | | the public member
shall be a person who resides in the |
13 | | redevelopment project area. If, as
determined by the housing |
14 | | impact study provided for in paragraph (5) of
subsection (n) of |
15 | | Section 11-74.4-3, or if no housing impact study is required
|
16 | | then based on other reasonable data, the majority of |
17 | | residential units are
occupied by very low, low, or moderate |
18 | | income households, as defined in Section
3 of the Illinois |
19 | | Affordable Housing Act, the public member shall be a person
who |
20 | | resides in very low, low, or moderate income housing within the
|
21 | | redevelopment project area. Municipalities with fewer than |
22 | | 15,000 residents
shall not be required to select a person who |
23 | | lives in very low, low, or
moderate income housing within the |
24 | | redevelopment project area, provided that
the redevelopment |
25 | | plan or project will not result in displacement of residents
|
26 | | from 10 or more inhabited units, and the municipality so |
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1 | | certifies
in the plan. If no person satisfying these |
2 | | requirements is available or if no
qualified person will serve |
3 | | as the public member, then the joint review board
is relieved |
4 | | of this paragraph's selection requirements for the public
|
5 | | member.
|
6 | | Within 90 days of the effective date of this amendatory Act |
7 | | of the 91st
General Assembly, each municipality that designated |
8 | | a redevelopment project
area for which it was not required to |
9 | | convene a joint review board under this
Section shall convene a |
10 | | joint review board to perform the
duties specified under |
11 | | paragraph (e) of this Section.
|
12 | | All board members shall be appointed and the first board |
13 | | meeting shall be
held at least 14 days but not more than 28 |
14 | | days after the
mailing of notice by the
municipality to the |
15 | | taxing
districts as required by Section 11-74.4-6(c).
|
16 | | Notwithstanding the preceding sentence, a municipality that |
17 | | adopted either a
public hearing resolution or a feasibility |
18 | | resolution between July 1, 1999 and
July 1, 2000 that called |
19 | | for the meeting of the joint review board within 14
days of |
20 | | notice of public hearing to affected taxing districts is deemed |
21 | | to be
in compliance with the notice, meeting, and public |
22 | | hearing provisions of the
Act.
Such notice
shall also advise
|
23 | | the taxing bodies represented on the joint review board of the |
24 | | time and place
of the first meeting of the board. Additional |
25 | | meetings of the
board shall be held upon the call of any |
26 | | member. The municipality
seeking designation of the |
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1 | | redevelopment project area shall provide
administrative |
2 | | support to the board.
|
3 | | The board shall review (i) the public record, planning |
4 | | documents and
proposed ordinances approving the redevelopment |
5 | | plan and
project and (ii) proposed amendments to the |
6 | | redevelopment plan or additions
of parcels of property to the |
7 | | redevelopment project area to be
adopted by the municipality. |
8 | | As part of its deliberations, the board may
hold additional |
9 | | hearings on the proposal. A
board's initial recommendation |
10 | | shall be
an advisory, non-binding recommendation. The |
11 | | recommendation shall be adopted
by a majority of those members |
12 | | present and voting. The recommendations shall
be submitted to |
13 | | the municipality
within 30 days after convening of the board.
|
14 | | Failure of the board to
submit
its report on a timely basis |
15 | | shall not be cause to delay the public hearing
or any other |
16 | | step in the process of designating or
amending the
|
17 | | redevelopment project area but shall be deemed to constitute |
18 | | approval by the
joint review board of the matters before it.
|
19 | | The board shall base its recommendation to approve or |
20 | | disapprove the
redevelopment plan and the designation of the |
21 | | redevelopment project area or the
amendment of the |
22 | | redevelopment plan or addition of parcels of property to the
|
23 | | redevelopment project area on the basis of the redevelopment |
24 | | project area and
redevelopment plan satisfying the
plan |
25 | | requirements, the eligibility criteria
defined in Section |
26 | | 11-74.4-3, and the objectives of this Act.
|
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1 | | The board shall issue a written report describing why the
|
2 | | redevelopment plan and project area or the amendment thereof |
3 | | meets or
fails to meet one or more of the objectives of this |
4 | | Act and both the plan
requirements and the eligibility criteria |
5 | | defined in Section 11-74.4-3.
In the event the Board does not |
6 | | file a report it shall be presumed
that these taxing bodies |
7 | | find the redevelopment project area and
redevelopment plan |
8 | | satisfy the
objectives of this Act and the plan requirements |
9 | | and eligibility criteria.
|
10 | | If the board recommends rejection of the matters before it, |
11 | | the
municipality will have 30 days within which to resubmit the |
12 | | plan or amendment.
During this period, the municipality will |
13 | | meet and confer with the board and
attempt to resolve those |
14 | | issues set forth in the board's written report that
led to the |
15 | | rejection of the plan or amendment.
|
16 | | Notwithstanding the resubmission set forth above, the |
17 | | municipality may
commence the scheduled public hearing and |
18 | | either adjourn the public hearing or
continue the public |
19 | | hearing until a date certain. Prior to continuing any
public |
20 | | hearing to a date certain, the municipality shall announce |
21 | | during the
public hearing the time, date, and location for the |
22 | | reconvening of the public
hearing. Any changes to the |
23 | | redevelopment plan necessary to satisfy the issues
set forth in |
24 | | the joint review board report shall be the subject of a public
|
25 | | hearing before the hearing is adjourned if the changes would |
26 | | (1) substantially
affect the general land uses proposed in the |
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1 | | redevelopment plan, (2)
substantially change the nature of or |
2 | | extend the life of the redevelopment
project, or (3) increase |
3 | | the number of inhabited residential units to be
displaced from |
4 | | the redevelopment project area, as
measured from the
time of |
5 | | creation of the redevelopment project area, to a total of
more |
6 | | than 10. Changes to the redevelopment plan necessary
to
satisfy |
7 | | the issues set forth in the joint review board report shall not |
8 | | require
any further notice or convening of a joint review board |
9 | | meeting, except that
any changes to the redevelopment plan that |
10 | | would add additional parcels of
property to the proposed |
11 | | redevelopment project area shall be subject to the
notice, |
12 | | public hearing, and joint review board meeting requirements |
13 | | established
for such changes by subsection (a) of Section |
14 | | 11-74.4-5.
|
15 | | Before January 1, 2014, in In the event that the
|
16 | | municipality and the board are unable to resolve these |
17 | | differences, or in the
event that the resubmitted plan or |
18 | | amendment is rejected by the board, the
municipality may |
19 | | proceed with the plan or amendment, but only upon a
|
20 | | three-fifths vote of the corporate authority responsible for |
21 | | approval of the
plan or amendment, excluding positions of |
22 | | members that are vacant and those
members that are ineligible |
23 | | to vote because of conflicts of interest.
|
24 | | On and after January 1, 2014, in the event that a |
25 | | resubmitted plan or amendment is rejected at the reconvened |
26 | | joint review board meeting by a three-fifths vote of all taxing |
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1 | | districts and the public members, if elected, that constitute |
2 | | the joint review board, with each member having an equal vote, |
3 | | the municipality may not proceed with the plan or amendment. |
4 | | Each taxing district voting to reject a plan or amendment shall |
5 | | send documentation explaining its opposition to the State |
6 | | Comptroller. The State Comptroller must post this |
7 | | documentation on the State Comptroller's official website. |
8 | | This information must be posted no later than 45 days after the |
9 | | State Comptroller receives the information from the taxing |
10 | | districts. |
11 | | (c) After a municipality has by ordinance approved a |
12 | | redevelopment plan
and designated a redevelopment project |
13 | | area, the plan may be amended and
additional properties may be |
14 | | added to the redevelopment project area only as
herein |
15 | | provided. Amendments which (1) add additional parcels of |
16 | | property to
the proposed redevelopment project area, (2) |
17 | | substantially affect the general
land uses proposed in the |
18 | | redevelopment plan, (3) substantially change the
nature of the |
19 | | redevelopment project, (4) increase the total estimated
|
20 | | redevelopment
project costs set out in the redevelopment plan |
21 | | by more than 5% after
adjustment for inflation from the date |
22 | | the plan was adopted, (5) add
additional redevelopment project |
23 | | costs to the itemized list of redevelopment
project costs set |
24 | | out in the redevelopment plan, or (6) increase the number of
|
25 | | inhabited residential units to be
displaced from the |
26 | | redevelopment
project area, as measured from the time of |
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1 | | creation of
the
redevelopment project area, to a total of more |
2 | | than
10, shall be made only after
the
municipality gives |
3 | | notice, convenes a joint review board, and conducts a public
|
4 | | hearing pursuant to the procedures set forth in this Section |
5 | | and in Section
11-74.4-6 of this Act. Changes which do not (1) |
6 | | add additional parcels of
property to the proposed |
7 | | redevelopment project area, (2) substantially affect
the |
8 | | general land uses proposed in the redevelopment plan, (3) |
9 | | substantially
change the nature of the redevelopment project, |
10 | | (4) increase the total
estimated redevelopment project cost set |
11 | | out in the redevelopment plan by more
than 5% after adjustment |
12 | | for inflation from the date the plan was adopted,
(5) add |
13 | | additional redevelopment project costs to the itemized list of
|
14 | | redevelopment project costs set out in the redevelopment plan, |
15 | | or (6) increase
the number of inhabited residential units to be |
16 | | displaced from the
redevelopment project area, as measured from |
17 | | the time of
creation of
the redevelopment project area, to a |
18 | | total of more than 10, may be made
without further public |
19 | | hearing
and related notices and procedures including the |
20 | | convening of a joint review
board as set forth in Section |
21 | | 11-74.4-6 of this Act, provided that the
municipality shall |
22 | | give notice of
any such changes by mail to each affected taxing |
23 | | district and registrant on the
interested parties registry, |
24 | | provided for under Section 11-74.4-4.2, and by
publication in
a |
25 | | newspaper of general circulation within the affected taxing |
26 | | district. Such
notice by mail and by publication shall each |
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1 | | occur not later than 10 days
following the adoption by |
2 | | ordinance of such changes.
|
3 | | (d) After the effective date of this amendatory Act of the |
4 | | 91st General
Assembly, a
municipality shall submit in an |
5 | | electronic format the
following information for each |
6 | | redevelopment project area (i) to the State
Comptroller under |
7 | | Section 8-8-3.5 of the Illinois Municipal Code
and (ii) to all |
8 | | taxing districts overlapping the
redevelopment project area no |
9 | | later than 180
days after the close of each municipal fiscal |
10 | | year or as soon thereafter as
the audited financial
statements |
11 | | become available and, in any case, shall be submitted before |
12 | | the
annual meeting of the Joint Review Board to each of the |
13 | | taxing districts that
overlap the redevelopment project area:
|
14 | | (1) Any amendments to the redevelopment plan, the |
15 | | redevelopment
project area, or the State Sales Tax |
16 | | Boundary.
|
17 | | (1.5) A list of the redevelopment project areas |
18 | | administered by the
municipality and, if applicable, the |
19 | | date each redevelopment project area was
designated or |
20 | | terminated by the municipality.
|
21 | | (2) Audited financial statements of the special tax |
22 | | allocation fund once a
cumulative total of $100,000 has |
23 | | been deposited in the fund.
|
24 | | (3) Certification of the Chief Executive Officer of the |
25 | | municipality
that the municipality has complied with all of |
26 | | the requirements of this Act
during the preceding fiscal |
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1 | | year.
|
2 | | (4) An opinion of legal counsel that the municipality |
3 | | is in compliance
with this Act.
|
4 | | (5) An analysis of the special tax allocation fund |
5 | | which sets forth:
|
6 | | (A) the balance in the special tax allocation fund |
7 | | at the beginning of
the fiscal year;
|
8 | | (B) all amounts deposited in the special tax |
9 | | allocation fund by source , including any amounts |
10 | | received from another redevelopment project area ;
|
11 | | (C) an itemized list of all expenditures from the |
12 | | special tax
allocation fund by category of
permissible |
13 | | redevelopment project cost , including any amounts |
14 | | transferred to another redevelopment project area ; and
|
15 | | (D) the balance in the special tax allocation fund |
16 | | at the end of the
fiscal year including a breakdown of |
17 | | that balance by source and a breakdown
of that balance |
18 | | identifying any portion of the balance that is |
19 | | required,
pledged, earmarked, or otherwise designated |
20 | | for payment of or securing of
obligations and |
21 | | anticipated redevelopment project costs. Any portion |
22 | | of
such ending balance that has not been identified or |
23 | | is not identified as
being
required, pledged, |
24 | | earmarked, or otherwise designated for payment of or
|
25 | | securing of obligations or anticipated redevelopment |
26 | | projects costs
shall be designated as surplus as set |
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1 | | forth in Section
11-74.4-7 hereof.
|
2 | | (6) A description of all property purchased by the |
3 | | municipality within
the redevelopment project area |
4 | | including:
|
5 | | (A) Street address.
|
6 | | (B) Approximate size or description of property.
|
7 | | (C) Purchase price.
|
8 | | (D) Seller of property.
|
9 | | (7) A statement setting forth all activities |
10 | | undertaken in furtherance
of the objectives of the |
11 | | redevelopment plan, including:
|
12 | | (A) Any project implemented in the preceding |
13 | | fiscal year.
|
14 | | (B) A description of the redevelopment activities |
15 | | undertaken.
|
16 | | (C) A description of any agreements entered into by |
17 | | the municipality
with
regard to the disposition or |
18 | | redevelopment of any property within the
redevelopment |
19 | | project area or the area within the State Sales Tax |
20 | | Boundary.
|
21 | | (D) Additional information on the use of all funds |
22 | | received under this
Division and steps taken by the
|
23 | | municipality to achieve the objectives of the |
24 | | redevelopment plan.
|
25 | | (E) Information regarding contracts that the |
26 | | municipality's tax
increment advisors or consultants |
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1 | | have entered into with entities or persons
that have |
2 | | received, or are receiving, payments financed by tax |
3 | | increment
revenues produced by the same redevelopment |
4 | | project area.
|
5 | | (F) Any reports submitted to the municipality by |
6 | | the joint review board.
|
7 | | (G) A review of public and, to the extent possible, |
8 | | private investment
actually undertaken to date after |
9 | | the effective date of this amendatory Act of
the 91st |
10 | | General Assembly and estimated to be undertaken during |
11 | | the following
year. This review shall, on a |
12 | | project-by-project basis, set forth the
estimated |
13 | | amounts of public and private investment incurred |
14 | | after the effective
date of this amendatory Act of the |
15 | | 91st General Assembly and provide the ratio
of private |
16 | | investment to public investment to the date of the |
17 | | report and as
estimated to the completion of the |
18 | | redevelopment project.
|
19 | | (8) With regard to any obligations issued by the |
20 | | municipality:
|
21 | | (A) copies of any official statements; and
|
22 | | (B) an analysis prepared by financial advisor or |
23 | | underwriter setting
forth: (i) nature and term of |
24 | | obligation; and (ii) projected debt service
including |
25 | | required reserves and debt coverage.
|
26 | | (9) For special tax allocation funds that have |
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1 | | experienced cumulative
deposits of incremental tax |
2 | | revenues of $100,000 or more, a certified audit
report |
3 | | reviewing compliance
with this Act
performed by an |
4 | | independent public accountant certified and licensed by |
5 | | the
authority of the State of Illinois. The financial |
6 | | portion of the audit
must be conducted in accordance with |
7 | | Standards for Audits of Governmental
Organizations, |
8 | | Programs, Activities, and Functions adopted by the
|
9 | | Comptroller General of the United States (1981), as |
10 | | amended, or the standards
specified by Section 8-8-5 of the |
11 | | Illinois Municipal Auditing Law of the
Illinois Municipal |
12 | | Code. The audit
report shall contain a letter from the |
13 | | independent certified public accountant
indicating |
14 | | compliance or noncompliance with the requirements
of |
15 | | subsection (q) of Section 11-74.4-3. For redevelopment |
16 | | plans or
projects that would result in the displacement of |
17 | | residents from 10 or more
inhabited residential units or |
18 | | that contain 75 or more inhabited residential
units, notice |
19 | | of the availability of the information, including how to |
20 | | obtain
the report, required in this subsection shall also |
21 | | be sent by mail to all
residents or organizations that |
22 | | operate in the municipality that register with
the |
23 | | municipality for that information according to |
24 | | registration procedures
adopted under Section 11-74.4-4.2. |
25 | | All municipalities are subject to this
provision.
|
26 | | (10) A list of all intergovernmental agreements in |
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1 | | effect during the fiscal year to which the municipality is |
2 | | a party and an accounting of any moneys transferred or |
3 | | received by the municipality during that fiscal year |
4 | | pursuant to those intergovernmental agreements. |
5 | | (11) A detailed list of jobs created or retained during |
6 | | the fiscal year, both temporary and permanent, along with a |
7 | | description of whether the jobs are in the public or |
8 | | private sector, to the extent that the information is |
9 | | required to be reported to the municipality pursuant to a |
10 | | redevelopment agreement or other written agreement. |
11 | | (d-1) Prior to the effective date of this amendatory Act of |
12 | | the 91st
General Assembly, municipalities with populations of |
13 | | over 1,000,000 shall,
after
adoption of a redevelopment plan or |
14 | | project, make available upon request to any
taxing district in |
15 | | which the redevelopment project area is located the
following |
16 | | information:
|
17 | | (1) Any amendments to the redevelopment plan, the |
18 | | redevelopment project
area, or the State Sales Tax |
19 | | Boundary; and
|
20 | | (2) In connection with any redevelopment project area |
21 | | for which the
municipality has outstanding obligations |
22 | | issued to provide for redevelopment
project costs pursuant |
23 | | to Section 11-74.4-7, audited financial statements of
the |
24 | | special tax allocation fund.
|
25 | | (e) The joint review board shall meet annually 180 days
|
26 | | after the close of the municipal fiscal year or as soon as the |
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1 | | redevelopment
project audit for that fiscal year becomes |
2 | | available to review the
effectiveness and status of the |
3 | | redevelopment project area up to that date.
|
4 | | (f) (Blank).
|
5 | | (g) In the event that a municipality has held a public |
6 | | hearing under this
Section prior to March 14, 1994 (the |
7 | | effective date of Public Act 88-537), the
requirements imposed |
8 | | by Public Act 88-537 relating to the method of fixing the
time |
9 | | and place for public hearing, the materials and information |
10 | | required to be
made available for public inspection, and the |
11 | | information required to be sent
after adoption of an ordinance |
12 | | or resolution fixing a time and place for public
hearing shall |
13 | | not be applicable.
|
14 | | (h) On and after the effective date of this amendatory Act |
15 | | of the 96th General Assembly, the State Comptroller must post |
16 | | on the State Comptroller's official website the information |
17 | | submitted by a municipality pursuant to subsection (d) of this |
18 | | Section. The information must be posted no later than 45 days |
19 | | after the State Comptroller receives the information from the |
20 | | municipality. The State Comptroller must also post a list of |
21 | | the municipalities not in compliance with the reporting |
22 | | requirements set forth in subsection (d) of this Section. |
23 | | (i) No later than 10 years after the corporate authorities |
24 | | of a municipality adopt an ordinance to establish a |
25 | | redevelopment project area, the municipality must compile a |
26 | | status report concerning the redevelopment project area. The |
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1 | | status report must detail without limitation the following: (i) |
2 | | the amount of revenue generated within the redevelopment |
3 | | project area, (ii) any expenditures made by the municipality |
4 | | for the redevelopment project area including without |
5 | | limitation expenditures from the special tax allocation fund, |
6 | | (iii) the status of planned activities, goals, and objectives |
7 | | set forth in the redevelopment plan including details on new or |
8 | | planned construction within the redevelopment project area, |
9 | | (iv) the amount of private and public investment within the |
10 | | redevelopment project area, and (v) any other relevant |
11 | | evaluation or performance data. Within 30 days after the |
12 | | municipality compiles the status report, the municipality must |
13 | | hold at least one public hearing concerning the report. The |
14 | | municipality must provide 20 days' public notice of the |
15 | | hearing. |
16 | | (j) Beginning in fiscal year 2011 and in each fiscal year |
17 | | thereafter, a municipality must detail in its annual budget (i) |
18 | | the revenues generated from redevelopment project areas by |
19 | | source and (ii) the expenditures made by the municipality for |
20 | | redevelopment project areas. |
21 | | (k) The State Comptroller may charge a municipality an |
22 | | annual fee for the Comptroller's costs related to the |
23 | | requirements of this Act. The aggregate total of fees charged |
24 | | to any municipality in any year under this subsection shall not |
25 | | exceed $5,000 for a municipality with a population in excess of |
26 | | 2,000,000 inhabitants, $1,000 for a municipality with a |
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1 | | population in excess of 100,000 inhabitants but not more than |
2 | | 2,000,000 inhabitants, $500 for a municipality with a |
3 | | population in excess of 50,000 inhabitants but not more than |
4 | | 100,000 inhabitants, and $250 for a municipality with a |
5 | | population of not more than 50,000 inhabitants. All fees |
6 | | collected under this subsection shall be deposited into the |
7 | | Comptroller's Administrative Fund. |
8 | | (Source: P.A. 96-1335, eff. 7-27-10.)
|
9 | | (65 ILCS 5/11-74.6-15)
|
10 | | Sec. 11-74.6-15. Municipal Powers and Duties. A |
11 | | municipality may:
|
12 | | (a) By ordinance introduced in the governing body of the |
13 | | municipality
within 14 to 90 days from the final adjournment of |
14 | | the hearing specified in
Section 11-74.6-22, approve |
15 | | redevelopment plans and redevelopment
projects, and designate |
16 | | redevelopment planning areas and redevelopment project
areas |
17 | | pursuant to notice and
hearing required by this Act. No |
18 | | redevelopment planning area or redevelopment
project area |
19 | | shall be
designated unless a plan and project are approved |
20 | | before the designation of
the area and the area shall include |
21 | | only those parcels of real
property and improvements on those |
22 | | parcels substantially benefited by the
proposed redevelopment |
23 | | project improvements.
Upon adoption of the ordinances, the |
24 | | municipality shall forthwith transmit to the Department of |
25 | | Commerce and Economic Opportunity, the State Comptroller, and
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1 | | the county clerk of the county or counties within which the |
2 | | redevelopment
project area is located a certified copy of the |
3 | | ordinances, a legal description
of the redevelopment project |
4 | | area, a map of the redevelopment project area,
identification |
5 | | of the year that the county clerk shall use for determining the
|
6 | | total initial equalized assessed value of the redevelopment |
7 | | project area
consistent with subsection (a) of Section |
8 | | 11-74.6-40, and a
list of the parcel or tax identification |
9 | | number of each parcel of property
included in the redevelopment |
10 | | project area. On or after January 1, 2014, the State |
11 | | Comptroller must post this documentation on the State |
12 | | Comptroller's official website. This information must be |
13 | | posted no later than 45 days after the State Comptroller |
14 | | receives it from the municipality. Notwithstanding any other |
15 | | provision of law, in a municipality with a population exceeding |
16 | | 25,000 inhabitants, no redevelopment project area may be |
17 | | designated on or after January 1, 2014 if, as of the effective |
18 | | date of the designation, the equalized assessed value of all |
19 | | property in the redevelopment project area plus the total |
20 | | current equalized assessed value of all property located in the |
21 | | municipality and subject to tax increment financing under this |
22 | | Division exceeds 35% of the total equalized assessed value of |
23 | | all property located in the municipality.
|
24 | | (b) Make and enter into all contracts necessary or |
25 | | incidental to the
implementation and furtherance of its |
26 | | redevelopment plan and project.
|
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1 | | (c) Within a redevelopment project area, acquire by |
2 | | purchase,
donation, lease or eminent domain; own, convey, |
3 | | lease, mortgage or
dispose of land and other property, real or |
4 | | personal, or rights or
interests therein, and grant or acquire |
5 | | licenses, easements and options
with respect to that property, |
6 | | all in the manner and at a price that the
municipality |
7 | | determines is reasonably necessary to achieve the objectives
of |
8 | | the redevelopment plan and project. No conveyance, lease, |
9 | | mortgage,
disposition of land or other property owned by a |
10 | | municipality, or agreement
relating to the
development of the |
11 | | municipal property shall be made or executed except
pursuant to |
12 | | prior official action of the corporate authorities of the
|
13 | | municipality. No conveyance,
lease, mortgage, or other |
14 | | disposition of land owned by a municipality, and
no agreement |
15 | | relating to the
development of the municipal property, shall be |
16 | | made without making public
disclosure of
the terms and the |
17 | | disposition of all bids and proposals submitted to the
|
18 | | municipality in connection therewith. The procedures for |
19 | | obtaining the bids
and proposals
shall provide reasonable |
20 | | opportunity for any person to submit alternative
proposals
or |
21 | | bids.
|
22 | | (d) Within a redevelopment project area, clear any area by
|
23 | | demolition or removal of any existing buildings, structures, |
24 | | fixtures,
utilities or improvements, and to clear and grade |
25 | | land.
|
26 | | (e) Within a redevelopment project area, renovate or |
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1 | | rehabilitate or
construct any structure or building, as |
2 | | permitted under this Law.
|
3 | | (f) Within or without a redevelopment project area, |
4 | | install, repair,
construct, reconstruct or relocate streets,
|
5 | | utilities and site improvements essential to the preparation of |
6 | | the
redevelopment area for use in accordance with a |
7 | | redevelopment plan.
|
8 | | (g) Within a redevelopment project area, fix, charge and |
9 | | collect fees,
rents and charges for the use of all or any part |
10 | | of any building or
property owned or leased by it.
|
11 | | (h) Issue obligations as provided in this Act.
|
12 | | (i) Accept grants, guarantees and donations of property, |
13 | | labor, or other
things of value from a public or private source |
14 | | for use within a project
redevelopment area.
|
15 | | (j) Acquire and construct public facilities within a |
16 | | redevelopment
project area, as permitted under this Law.
|
17 | | (k) Incur, pay or cause to be paid redevelopment project |
18 | | costs; provided,
however,
that on and
after the effective date |
19 | | of this amendatory
Act of the 91st General Assembly, no |
20 | | municipality shall incur redevelopment
project costs (except
|
21 | | for planning and other eligible costs authorized by municipal |
22 | | ordinance or
resolution that are subsequently included in the |
23 | | redevelopment plan for the
area and are incurred after the |
24 | | ordinance or resolution is adopted) that are
not consistent |
25 | | with the program for
accomplishing the objectives of the
|
26 | | redevelopment plan as included in that plan and approved by the
|
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1 | | municipality until the municipality has amended
the |
2 | | redevelopment plan as provided elsewhere in this Law.
Any |
3 | | payments to be made by the municipality to redevelopers or |
4 | | other
nongovernmental persons for redevelopment project costs |
5 | | incurred by
such redeveloper or other nongovernmental person |
6 | | shall be made only pursuant
to the prior official action of the |
7 | | municipality evidencing an intent to
pay or cause to be paid |
8 | | such redevelopment project costs. A
municipality is not |
9 | | required to obtain any right, title or interest in any
real or |
10 | | personal property in order to pay redevelopment project
costs |
11 | | associated with such property. The municipality shall adopt |
12 | | such
accounting procedures as may be necessary to determine |
13 | | that such redevelopment
project costs are properly paid.
|
14 | | (l) Create a commission of not less than 5 or more than 15 |
15 | | persons to
be appointed by the mayor or president of the |
16 | | municipality with the consent
of the majority of the governing |
17 | | board of the municipality. Members of a
commission appointed |
18 | | after the effective date of this Law
shall be appointed for |
19 | | initial terms of 1, 2, 3, 4 and 5 years,
respectively, in |
20 | | numbers so that the terms of not more than
1/3 of all members |
21 | | expire in any one year. Their successors
shall be appointed for |
22 | | a term of 5 years. The commission, subject to
approval of the |
23 | | corporate authorities of the municipality, may exercise the
|
24 | | powers enumerated in this Section. The commission shall also |
25 | | have the power
to hold the public hearings required by this Act |
26 | | and make recommendations
to the corporate authorities |
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1 | | concerning the adoption of redevelopment
plans, redevelopment |
2 | | projects and designation of redevelopment project areas.
|
3 | | (m) Make payment in lieu of all or a portion of real |
4 | | property taxes due
to taxing districts. If payments in lieu of |
5 | | all or a portion of taxes are
made to taxing districts, those |
6 | | payments shall be made to all districts
within a redevelopment |
7 | | project area on a basis that is proportional to the
current |
8 | | collection of revenue which each taxing district receives from |
9 | | real
property in the redevelopment project area.
|
10 | | (n) Exercise any and all other powers necessary to |
11 | | effectuate the
purposes of this Act.
|
12 | | (o) In conjunction with other municipalities, undertake |
13 | | and perform
redevelopment plans and projects and utilize the |
14 | | provisions of the Act
wherever they have contiguous |
15 | | redevelopment project areas or they determine
to adopt tax |
16 | | increment allocation financing with respect to a redevelopment
|
17 | | project area that includes contiguous real property within the |
18 | | boundaries
of the municipalities, and, by agreement between |
19 | | participating
municipalities, to issue obligations, separately |
20 | | or jointly, and expend
revenues received under this Act for |
21 | | eligible expenses anywhere within
contiguous redevelopment |
22 | | project areas or as otherwise permitted in the Act. Two or more |
23 | | municipalities may designate a joint redevelopment project |
24 | | area under this subsection (o) for a single Industrial Park |
25 | | Conservation Area comprising of property within or near the |
26 | | boundaries of each municipality if: (i) both municipalities are |
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1 | | located within the same Metropolitan Statistical Area, as |
2 | | defined by the United States Office of Management and Budget, |
3 | | (ii) the 4-year average unemployment rate for that Metropolitan |
4 | | Statistical Area was at least 11.3%, and (iii) at least one |
5 | | participating municipality demonstrates that it has made |
6 | | commitments to acquire capital assets to commence the project |
7 | | and that the acquisition will occur on or before December 31, |
8 | | 2011. The joint redevelopment project area must encompass an |
9 | | interstate highway exchange for access and be located, in part, |
10 | | adjacent to a landfill or other solid waste disposal facility.
|
11 | | (p) Create an Industrial Jobs Recovery Advisory Committee |
12 | | of not more
than 15 members to be appointed by the mayor or |
13 | | president of the
municipality with the consent of the majority |
14 | | of the governing board of the
municipality. The members of that |
15 | | Committee shall be appointed for initial
terms of 1, 2, and 3 |
16 | | years respectively, in numbers so that the terms of
not more |
17 | | than 1/3 of all members expire in any one year. Their |
18 | | successors
shall be appointed for a term of 3 years. The |
19 | | Committee shall have none of
the powers enumerated in this |
20 | | Section. The Committee shall serve in an
advisory capacity |
21 | | only. The Committee may advise the governing board of
the |
22 | | municipality and other municipal officials regarding |
23 | | development issues
and opportunities within the redevelopment |
24 | | project area. The Committee may
also promote and publicize |
25 | | development opportunities in the redevelopment
project area.
|
26 | | (q) If a redevelopment project has not been initiated in a |
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1 | | redevelopment
project area within 5 years after the area was |
2 | | designated by ordinance under
subsection (a), the municipality |
3 | | shall adopt an ordinance repealing the area's
designation as a |
4 | | redevelopment project area. Initiation of a redevelopment
|
5 | | project shall be evidenced by either a signed redevelopment |
6 | | agreement or
expenditures on eligible redevelopment project |
7 | | costs associated with a
redevelopment project.
|
8 | | (r) Within a redevelopment planning area, transfer or loan |
9 | | tax increment
revenues from one redevelopment project area to |
10 | | another redevelopment project
area for expenditure on eligible |
11 | | costs in the receiving area.
|
12 | | (s) Use tax increment revenue produced in a redevelopment |
13 | | project area
created under this Law by transferring or loaning |
14 | | such revenues to a
redevelopment project area created under the |
15 | | Tax Increment Allocation
Redevelopment Act that is either |
16 | | contiguous to, or separated only by a public
right of way from, |
17 | | the redevelopment project area that initially produced and
|
18 | | received those revenues.
|
19 | | (Source: P.A. 97-591, eff. 8-26-11.)
|
20 | | (65 ILCS 5/11-74.6-22)
|
21 | | Sec. 11-74.6-22. Adoption of ordinance; requirements; |
22 | | changes.
|
23 | | (a) Before adoption of an ordinance proposing the
|
24 | | designation of a redevelopment planning area or a redevelopment |
25 | | project area,
or both, or approving a
redevelopment plan or |
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1 | | redevelopment project, the municipality or commission
|
2 | | designated pursuant to subsection (l) of Section 11-74.6-15 |
3 | | shall fix by
ordinance or resolution
a time and place for |
4 | | public hearing.
Prior to the adoption of the ordinance or |
5 | | resolution establishing the time and
place for the public |
6 | | hearing, the municipality shall make available for public
|
7 | | inspection a redevelopment plan or a report that provides in |
8 | | sufficient detail,
the basis for the eligibility of the
|
9 | | redevelopment project area. The report
along with the name of a
|
10 | | person to contact for further information shall be sent to the |
11 | | affected taxing
district by certified mail within a reasonable |
12 | | time following the adoption of
the ordinance or resolution |
13 | | establishing the time and place for the public
hearing.
|
14 | | At the public hearing any
interested person or affected |
15 | | taxing district may file with the
municipal clerk written |
16 | | objections to the ordinance and may be heard orally
on any |
17 | | issues that are the subject of the hearing. The municipality |
18 | | shall
hear and determine all alternate proposals or bids for |
19 | | any proposed conveyance,
lease, mortgage or other disposition |
20 | | of land and all protests and objections at
the hearing and the
|
21 | | hearing may be adjourned to another date without further notice |
22 | | other than
a motion to be entered upon the minutes fixing the |
23 | | time and place of the
later hearing.
At the public hearing or |
24 | | at any time prior to the adoption by the
municipality of an |
25 | | ordinance approving a redevelopment plan, the
municipality may |
26 | | make changes in the redevelopment plan. Changes
which (1) add |
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1 | | additional parcels of property to the proposed redevelopment
|
2 | | project
area, other than parcels to be removed from a |
3 | | redevelopment project area for the purpose of inclusion in |
4 | | another redevelopment project area, (2) substantially affect |
5 | | the general land uses proposed in the
redevelopment plan, or |
6 | | (3) substantially change the nature of or extend the
life of |
7 | | the redevelopment
project shall be made only after the
|
8 | | municipality gives notice, convenes a joint review board, and |
9 | | conducts a public
hearing pursuant to the procedures set forth |
10 | | in this Section and in Section
11-74.6-25. Changes which do not |
11 | | (1) add additional parcels of
property to the proposed |
12 | | redevelopment project area, other than parcels to be removed |
13 | | from a redevelopment project area for the purpose of inclusion |
14 | | in another redevelopment project area, (2) substantially |
15 | | affect
the general land uses proposed in the redevelopment |
16 | | plan, or (3) substantially
change the nature of or extend the |
17 | | life of the redevelopment project may be
made without further |
18 | | hearing, provided that the municipality shall give notice
of |
19 | | any such changes by mail to each affected taxing district and |
20 | | by publication
once in a newspaper of general circulation |
21 | | within the affected taxing district.
Such notice by mail and by |
22 | | publication shall each occur not later than 10 days
following |
23 | | the adoption by ordinance of such changes.
|
24 | | (b) Before adoption of an ordinance proposing the |
25 | | designation of a
redevelopment planning area or a redevelopment |
26 | | project area, or both, or
amending the boundaries of an |
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1 | | existing
redevelopment project area or redevelopment planning |
2 | | area, or both, the
municipality shall convene a joint review
|
3 | | board to consider the proposal. The board shall consist of a
|
4 | | representative selected by each taxing district that has
|
5 | | authority to levy real property taxes on the property within |
6 | | the proposed
redevelopment project area and that has at least |
7 | | 5% of its total equalized
assessed value located within the |
8 | | proposed redevelopment project area, a
representative selected |
9 | | by the municipality
and a public member. The public member and |
10 | | the board's chairperson shall
be selected by a majority of |
11 | | other board members.
|
12 | | All board members shall be appointed and the first board |
13 | | meeting held
within 14 days following the notice by the |
14 | | municipality to all the taxing
districts as required by |
15 | | subsection (c) of Section 11-74.6-25. The notice
shall also |
16 | | advise the taxing bodies represented on the joint review board
|
17 | | of the time and place of the first meeting of the board. |
18 | | Additional
meetings of the board shall be held upon the call of |
19 | | any 2 members. The
municipality seeking designation of the |
20 | | redevelopment project area may provide
administrative support |
21 | | to the board.
|
22 | | The board shall review the public record, planning |
23 | | documents and
proposed ordinances approving the redevelopment |
24 | | plan and project to be
adopted by the municipality. As part of |
25 | | its deliberations, the board may
hold additional hearings on |
26 | | the proposal. A board's recommendation, if any,
shall be a |
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1 | | written recommendation adopted by a
majority vote of the board |
2 | | and submitted to the municipality within 30 days
after the |
3 | | board convenes. A board's recommendation shall be binding upon |
4 | | the
municipality. Failure of the board to submit
its |
5 | | recommendation on a timely basis shall not be cause to delay |
6 | | the public
hearing or the process of establishing or amending |
7 | | the
redevelopment project area. The board's recommendation on |
8 | | the proposal
shall be based upon the area satisfying the |
9 | | applicable eligibility criteria
defined in Section 11-74.6-10 |
10 | | and whether there is a basis for the
municipal findings set |
11 | | forth in the redevelopment plan as required by this
Act. If the |
12 | | board does not file a recommendation it shall be presumed that
|
13 | | the board has found that the redevelopment project area |
14 | | satisfies the
eligibility criteria.
|
15 | | (c) After a municipality has by ordinance approved a |
16 | | redevelopment plan
and designated a redevelopment planning |
17 | | area or a redevelopment project area,
or both, the plan may be
|
18 | | amended and additional properties may be added to the |
19 | | redevelopment project
area only as herein provided. Amendments
|
20 | | which (1) add additional parcels of property to the proposed |
21 | | redevelopment
project
area, (2) substantially affect the |
22 | | general land uses proposed in the
redevelopment plan, (3) |
23 | | substantially change the nature of the redevelopment
project,
|
24 | | (4) increase the total estimated
redevelopment project costs |
25 | | set out in the redevelopment plan by more than 5%
after |
26 | | adjustment for inflation from the date the plan was adopted, or
|
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1 | | (5) add additional redevelopment project costs to the itemized |
2 | | list of
redevelopment project costs set out in the |
3 | | redevelopment plan
shall be made only after the municipality |
4 | | gives notice,
convenes a joint review board, and conducts a |
5 | | public hearing pursuant to the
procedures set forth in this |
6 | | Section and in Section 11-74.6-25.
Changes which do not (1) add |
7 | | additional parcels of property to the proposed
redevelopment |
8 | | project area, (2) substantially affect the general land uses
|
9 | | proposed in the redevelopment plan, (3) substantially change |
10 | | the nature
of the redevelopment project, (4) increase the total |
11 | | estimated redevelopment
project cost set out in the |
12 | | redevelopment plan by more than 5% after adjustment
for |
13 | | inflation from the date the plan was adopted, or (5) add |
14 | | additional
redevelopment project costs to the itemized list of |
15 | | redevelopment project costs
set out in the redevelopment plan
|
16 | | may be made without further hearing, provided that the |
17 | | municipality
shall give notice of any such changes by mail to |
18 | | each affected taxing district
and by publication once in a |
19 | | newspaper of general circulation within the affected
taxing |
20 | | district. Such notice by mail and by publication shall each |
21 | | occur not
later than 10 days following the adoption by |
22 | | ordinance of such changes.
|
23 | | (d) After the effective date of this amendatory Act of the |
24 | | 91st General
Assembly, a
municipality shall
submit in an |
25 | | electronic format the following information for each |
26 | | redevelopment project area (i) to
the State Comptroller under |
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1 | | Section 8-8-3.5 of the Illinois Municipal Code and (ii) to all |
2 | | taxing districts overlapping
the
redevelopment project area
no |
3 | | later than 180
days after the close of each municipal fiscal |
4 | | year or as soon thereafter as
the audited financial statements |
5 | | become available and, in any case, shall be
submitted before |
6 | | the annual meeting of the joint review board to each of the
|
7 | | taxing districts that overlap the redevelopment project area:
|
8 | | (1) Any amendments to the redevelopment plan, or the |
9 | | redevelopment
project area.
|
10 | | (1.5) A list of the redevelopment project areas |
11 | | administered by the
municipality and, if applicable, the |
12 | | date each redevelopment project area was
designated or |
13 | | terminated by the municipality.
|
14 | | (2) Audited financial statements of the special tax |
15 | | allocation fund once a
cumulative total of $100,000 of tax |
16 | | increment revenues has been deposited in
the fund.
|
17 | | (3) Certification of the Chief Executive Officer of the |
18 | | municipality
that the municipality has complied with all of |
19 | | the requirements of this Act
during the preceding fiscal |
20 | | year.
|
21 | | (4) An opinion of legal counsel that the municipality |
22 | | is in compliance
with this Act.
|
23 | | (5) An analysis of the special tax allocation fund |
24 | | which sets forth:
|
25 | | (A) the balance in the special tax allocation fund |
26 | | at the beginning of
the fiscal year;
|
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1 | | (B) all amounts deposited in the special tax |
2 | | allocation fund by source , including any amounts |
3 | | received from another redevelopment project area ;
|
4 | | (C) an itemized list of all expenditures from the |
5 | | special tax
allocation fund by category of
permissible |
6 | | redevelopment project cost , including any amounts |
7 | | transferred to another redevelopment project area ; and
|
8 | | (D) the balance in the special tax allocation fund |
9 | | at the end of the
fiscal year including a breakdown of |
10 | | that balance by source and a breakdown
of that balance |
11 | | identifying any portion of the balance that is |
12 | | required,
pledged, earmarked, or otherwise designated |
13 | | for payment of or securing of
obligations and |
14 | | anticipated redevelopment project costs. Any portion |
15 | | of
such ending
balance that has not been identified or |
16 | | is not identified as being required,
pledged, |
17 | | earmarked, or otherwise designated for payment of or |
18 | | securing of
obligations or anticipated redevelopment |
19 | | project costs shall be designated as
surplus as set |
20 | | forth in Section
11-74.6-30 hereof.
|
21 | | (6) A description of all property purchased by the |
22 | | municipality within
the redevelopment project area |
23 | | including:
|
24 | | (A) Street address.
|
25 | | (B) Approximate size or description of property.
|
26 | | (C) Purchase price.
|
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1 | | (D) Seller of property.
|
2 | | (7) A statement setting forth all activities |
3 | | undertaken in furtherance
of the objectives of the |
4 | | redevelopment plan, including:
|
5 | | (A) Any project implemented in the preceding |
6 | | fiscal year.
|
7 | | (B) A description of the redevelopment activities |
8 | | undertaken.
|
9 | | (C) A description of any agreements entered into by |
10 | | the municipality
with regard to the disposition or |
11 | | redevelopment of any property within the
redevelopment |
12 | | project area.
|
13 | | (D) Additional information on the use of all funds |
14 | | received under this
Division and steps taken by the
|
15 | | municipality to achieve the objectives of the |
16 | | redevelopment plan.
|
17 | | (E) Information regarding contracts that the |
18 | | municipality's tax
increment advisors or consultants |
19 | | have entered into with entities or persons
that have |
20 | | received, or are receiving, payments financed by tax |
21 | | increment
revenues produced
by the same redevelopment |
22 | | project area.
|
23 | | (F) Any reports submitted to the municipality by |
24 | | the joint review
board.
|
25 | | (G) A review of public and, to the extent possible, |
26 | | private investment
actually undertaken to date after |
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1 | | the effective date of this amendatory Act of
the 91st |
2 | | General Assembly and estimated to be undertaken during |
3 | | the following
year. This review
shall, on a |
4 | | project-by-project basis, set forth the estimated |
5 | | amounts of public
and private investment incurred |
6 | | after the effective date of this amendatory Act
of the |
7 | | 91st General Assembly
and provide the ratio of private |
8 | | investment to public investment to the date of
the |
9 | | report and as estimated to the completion of the |
10 | | redevelopment project.
|
11 | | (8) With regard to any obligations issued by the |
12 | | municipality:
|
13 | | (A) copies of any official statements; and
|
14 | | (B) an analysis prepared by financial advisor or |
15 | | underwriter setting
forth: (i) nature and term of |
16 | | obligation; and (ii) projected debt service
including |
17 | | required reserves and debt coverage.
|
18 | | (9) For special tax allocation funds that have received |
19 | | cumulative
deposits of incremental tax revenues of |
20 | | $100,000 or more, a certified audit
report reviewing |
21 | | compliance with
this Act
performed by an independent public |
22 | | accountant certified and licensed by the
authority of the |
23 | | State of Illinois. The financial portion of the audit
must |
24 | | be conducted in accordance with Standards for Audits of |
25 | | Governmental
Organizations, Programs, Activities, and |
26 | | Functions adopted by the
Comptroller General of the United |
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1 | | States (1981), as amended, or the standards
specified
by |
2 | | Section 8-8-5 of the Illinois Municipal Auditing Law of the |
3 | | Illinois
Municipal Code. The audit
report shall contain a |
4 | | letter from the independent certified public accountant
|
5 | | indicating compliance or noncompliance with the |
6 | | requirements
of subsection (o) of Section 11-74.6-10.
|
7 | | (10) A list of all intergovernmental agreements |
8 | | relating to the redevelopment project area in effect during |
9 | | the fiscal year to which the municipality is a party and an |
10 | | accounting of any moneys transferred or received by the |
11 | | municipality during that fiscal year pursuant to those |
12 | | intergovernmental agreements. |
13 | | (11) A detailed list of jobs created or retained during |
14 | | the fiscal year, both temporary and permanent, along with a |
15 | | description of whether the jobs are in the public or |
16 | | private sector, to the extent that the information is |
17 | | required to be reported to the municipality pursuant to a |
18 | | redevelopment agreement or other written agreement. |
19 | | (e) The joint review board shall meet annually 180 days
|
20 | | after the close of the municipal fiscal year or as soon as the |
21 | | redevelopment
project audit for that fiscal year becomes |
22 | | available to review the
effectiveness and status of the |
23 | | redevelopment project area up to that date.
|
24 | | (f) On and after January 1, 2014, the State Comptroller |
25 | | must post
on the State Comptroller's official website the |
26 | | information
submitted by a municipality pursuant to subsection |
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1 | | (d) of this
Section. The information must be posted no later |
2 | | than 45 days
after the State Comptroller receives the |
3 | | information from the
municipality. The State Comptroller must |
4 | | also post a list of
the municipalities not in compliance with |
5 | | the reporting
requirements set forth in subsection (d) of this |
6 | | Section. |
7 | | (g) The State Comptroller may charge a municipality an |
8 | | annual fee for the Comptroller's costs related to the |
9 | | requirements of this Act. The aggregate total of fees charged |
10 | | to any municipality in any year under this subsection shall not |
11 | | exceed $5,000 for a municipality with a population in excess of |
12 | | 2,000,000 inhabitants, $1,000 for a municipality with a |
13 | | population in excess of 100,000 inhabitants but not more than |
14 | | 2,000,000 inhabitants, $500 for a municipality with a |
15 | | population in excess of 50,000 inhabitants but not more than |
16 | | 100,000 inhabitants, and $250 for a municipality with a |
17 | | population of not more than 50,000 inhabitants. All fees |
18 | | collected under this subsection shall be deposited into the |
19 | | Comptroller's Administrative Fund. |
20 | | (Source: P.A. 97-146, eff. 1-1-12.)
|
21 | | Section 99. Effective date. This Act takes effect January |
22 | | 1, 2014. |