SB1822 EnrolledLRB102 15348 AWJ 20708 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-74.4-3, 11-74.4-3.3, 11-74.4-3.5, and
611-74.4-4 as follows:
 
7    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
8    Sec. 11-74.4-3. Definitions. The following terms, wherever
9used or referred to in this Division 74.4 shall have the
10following respective meanings, unless in any case a different
11meaning clearly appears from the context.
12    (a) For any redevelopment project area that has been
13designated pursuant to this Section by an ordinance adopted
14prior to November 1, 1999 (the effective date of Public Act
1591-478), "blighted area" shall have the meaning set forth in
16this Section prior to that date.
17    On and after November 1, 1999, "blighted area" means any
18improved or vacant area within the boundaries of a
19redevelopment project area located within the territorial
20limits of the municipality where:
21        (1) If improved, industrial, commercial, and
22    residential buildings or improvements are detrimental to
23    the public safety, health, or welfare because of a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        prior to the designation of the redevelopment project
2        area), and the area meets at least one of the factors
3        itemized in paragraph (1) of this subsection, the area
4        has been designated as a town or village center by
5        ordinance or comprehensive plan adopted prior to
6        January 1, 1982, and the area has not been developed
7        for that designated purpose.
8            (F) The area qualified as a blighted improved area
9        immediately prior to becoming vacant, unless there has
10        been substantial private investment in the immediately
11        surrounding area.
12    (b) For any redevelopment project area that has been
13designated pursuant to this Section by an ordinance adopted
14prior to November 1, 1999 (the effective date of Public Act
1591-478), "conservation area" shall have the meaning set forth
16in this Section prior to that date.
17    On and after November 1, 1999, "conservation area" means
18any improved area within the boundaries of a redevelopment
19project area located within the territorial limits of the
20municipality in which 50% or more of the structures in the area
21have an age of 35 years or more. Such an area is not yet a
22blighted area but because of a combination of 3 or more of the
23following factors is detrimental to the public safety, health,
24morals or welfare and such an area may become a blighted area:
25        (1) Dilapidation. An advanced state of disrepair or
26    neglect of necessary repairs to the primary structural

 

 

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

 

 

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

 

 

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1    redevelopment project area.
2        (9) Excessive land coverage and overcrowding of
3    structures and community facilities. The over-intensive
4    use of property and the crowding of buildings and
5    accessory facilities onto a site. Examples of problem
6    conditions warranting the designation of an area as one
7    exhibiting excessive land coverage are: the presence of
8    buildings either improperly situated on parcels or located
9    on parcels of inadequate size and shape in relation to
10    present-day standards of development for health and safety
11    and the presence of multiple buildings on a single parcel.
12    For there to be a finding of excessive land coverage,
13    these parcels must exhibit one or more of the following
14    conditions: insufficient provision for light and air
15    within or around buildings, increased threat of spread of
16    fire due to the close proximity of buildings, lack of
17    adequate or proper access to a public right-of-way, lack
18    of reasonably required off-street parking, or inadequate
19    provision for loading and service.
20        (10) Deleterious land use or layout. The existence of
21    incompatible land-use relationships, buildings occupied by
22    inappropriate mixed-uses, or uses considered to be
23    noxious, offensive, or unsuitable for the surrounding
24    area.
25        (11) Lack of community planning. The proposed
26    redevelopment project area was developed prior to or

 

 

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1    without the benefit or guidance of a community plan. This
2    means that the development occurred prior to the adoption
3    by the municipality of a comprehensive or other community
4    plan or that the plan was not followed at the time of the
5    area's development. This factor must be documented by
6    evidence of adverse or incompatible land-use
7    relationships, inadequate street layout, improper
8    subdivision, parcels of inadequate shape and size to meet
9    contemporary development standards, or other evidence
10    demonstrating an absence of effective community planning.
11        (12) The area has incurred Illinois Environmental
12    Protection Agency or United States Environmental
13    Protection Agency remediation costs for, or a study
14    conducted by an independent consultant recognized as
15    having expertise in environmental remediation has
16    determined a need for, the clean-up of hazardous waste,
17    hazardous substances, or underground storage tanks
18    required by State or federal law, provided that the
19    remediation costs constitute a material impediment to the
20    development or redevelopment of the redevelopment project
21    area.
22        (13) The total equalized assessed value of the
23    proposed redevelopment project area has declined for 3 of
24    the last 5 calendar years for which information is
25    available or is increasing at an annual rate that is less
26    than the balance of the municipality for 3 of the last 5

 

 

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1    calendar years for which information is available or is
2    increasing at an annual rate that is less than the
3    Consumer Price Index for All Urban Consumers published by
4    the United States Department of Labor or successor agency
5    for 3 of the last 5 calendar years for which information is
6    available.
7    (c) "Industrial park" means an area in a blighted or
8conservation area suitable for use by any manufacturing,
9industrial, research or transportation enterprise, of
10facilities to include but not be limited to factories, mills,
11processing plants, assembly plants, packing plants,
12fabricating plants, industrial distribution centers,
13warehouses, repair overhaul or service facilities, freight
14terminals, research facilities, test facilities or railroad
15facilities.
16    (d) "Industrial park conservation area" means an area
17within the boundaries of a redevelopment project area located
18within the territorial limits of a municipality that is a
19labor surplus municipality or within 1 1/2 miles of the
20territorial limits of a municipality that is a labor surplus
21municipality if the area is annexed to the municipality; which
22area is zoned as industrial no later than at the time the
23municipality by ordinance designates the redevelopment project
24area, and which area includes both vacant land suitable for
25use as an industrial park and a blighted area or conservation
26area contiguous to such vacant land.

 

 

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1    (e) "Labor surplus municipality" means a municipality in
2which, at any time during the 6 months before the municipality
3by ordinance designates an industrial park conservation area,
4the unemployment rate was over 6% and was also 100% or more of
5the national average unemployment rate for that same time as
6published in the United States Department of Labor Bureau of
7Labor Statistics publication entitled "The Employment
8Situation" or its successor publication. For the purpose of
9this subsection, if unemployment rate statistics for the
10municipality are not available, the unemployment rate in the
11municipality shall be deemed to be the same as the
12unemployment rate in the principal county in which the
13municipality is located.
14    (f) "Municipality" shall mean a city, village,
15incorporated town, or a township that is located in the
16unincorporated portion of a county with 3 million or more
17inhabitants, if the county adopted an ordinance that approved
18the township's redevelopment plan.
19    (g) "Initial Sales Tax Amounts" means the amount of taxes
20paid under the Retailers' Occupation Tax Act, Use Tax Act,
21Service Use Tax Act, the Service Occupation Tax Act, the
22Municipal Retailers' Occupation Tax Act, and the Municipal
23Service Occupation Tax Act by retailers and servicemen on
24transactions at places located in a State Sales Tax Boundary
25during the calendar year 1985.
26    (g-1) "Revised Initial Sales Tax Amounts" means the amount

 

 

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1of taxes paid under the Retailers' Occupation Tax Act, Use Tax
2Act, Service Use Tax Act, the Service Occupation Tax Act, the
3Municipal Retailers' Occupation Tax Act, and the Municipal
4Service Occupation Tax Act by retailers and servicemen on
5transactions at places located within the State Sales Tax
6Boundary revised pursuant to Section 11-74.4-8a(9) of this
7Act.
8    (h) "Municipal Sales Tax Increment" means an amount equal
9to the increase in the aggregate amount of taxes paid to a
10municipality from the Local Government Tax Fund arising from
11sales by retailers and servicemen within the redevelopment
12project area or State Sales Tax Boundary, as the case may be,
13for as long as the redevelopment project area or State Sales
14Tax Boundary, as the case may be, exist over and above the
15aggregate amount of taxes as certified by the Illinois
16Department of Revenue and paid under the Municipal Retailers'
17Occupation Tax Act and the Municipal Service Occupation Tax
18Act by retailers and servicemen, on transactions at places of
19business located in the redevelopment project area or State
20Sales Tax Boundary, as the case may be, during the base year
21which shall be the calendar year immediately prior to the year
22in which the municipality adopted tax increment allocation
23financing. For purposes of computing the aggregate amount of
24such taxes for base years occurring prior to 1985, the
25Department of Revenue shall determine the Initial Sales Tax
26Amounts for such taxes and deduct therefrom an amount equal to

 

 

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14% of the aggregate amount of taxes per year for each year the
2base year is prior to 1985, but not to exceed a total deduction
3of 12%. The amount so determined shall be known as the
4"Adjusted Initial Sales Tax Amounts". For purposes of
5determining the Municipal Sales Tax Increment, the Department
6of Revenue shall for each period subtract from the amount paid
7to the municipality from the Local Government Tax Fund arising
8from sales by retailers and servicemen on transactions located
9in the redevelopment project area or the State Sales Tax
10Boundary, as the case may be, the certified Initial Sales Tax
11Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
12Initial Sales Tax Amounts for the Municipal Retailers'
13Occupation Tax Act and the Municipal Service Occupation Tax
14Act. For the State Fiscal Year 1989, this calculation shall be
15made by utilizing the calendar year 1987 to determine the tax
16amounts received. For the State Fiscal Year 1990, this
17calculation shall be made by utilizing the period from January
181, 1988, until September 30, 1988, to determine the tax
19amounts received from retailers and servicemen pursuant to the
20Municipal Retailers' Occupation Tax and the Municipal Service
21Occupation Tax Act, which shall have deducted therefrom
22nine-twelfths of the certified Initial Sales Tax Amounts, the
23Adjusted Initial Sales Tax Amounts or the Revised Initial
24Sales Tax Amounts as appropriate. For the State Fiscal Year
251991, this calculation shall be made by utilizing the period
26from October 1, 1988, to June 30, 1989, to determine the tax

 

 

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1amounts received from retailers and servicemen pursuant to the
2Municipal Retailers' Occupation Tax and the Municipal Service
3Occupation Tax Act which shall have deducted therefrom
4nine-twelfths of the certified Initial Sales Tax Amounts,
5Adjusted Initial Sales Tax Amounts or the Revised Initial
6Sales Tax Amounts as appropriate. For every State Fiscal Year
7thereafter, the applicable period shall be the 12 months
8beginning July 1 and ending June 30 to determine the tax
9amounts received which shall have deducted therefrom the
10certified Initial Sales Tax Amounts, the Adjusted Initial
11Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
12the case may be.
13    (i) "Net State Sales Tax Increment" means the sum of the
14following: (a) 80% of the first $100,000 of State Sales Tax
15Increment annually generated within a State Sales Tax
16Boundary; (b) 60% of the amount in excess of $100,000 but not
17exceeding $500,000 of State Sales Tax Increment annually
18generated within a State Sales Tax Boundary; and (c) 40% of all
19amounts in excess of $500,000 of State Sales Tax Increment
20annually generated within a State Sales Tax Boundary. If,
21however, a municipality established a tax increment financing
22district in a county with a population in excess of 3,000,000
23before January 1, 1986, and the municipality entered into a
24contract or issued bonds after January 1, 1986, but before
25December 31, 1986, to finance redevelopment project costs
26within a State Sales Tax Boundary, then the Net State Sales Tax

 

 

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1Increment means, for the fiscal years beginning July 1, 1990,
2and July 1, 1991, 100% of the State Sales Tax Increment
3annually generated within a State Sales Tax Boundary; and
4notwithstanding any other provision of this Act, for those
5fiscal years the Department of Revenue shall distribute to
6those municipalities 100% of their Net State Sales Tax
7Increment before any distribution to any other municipality
8and regardless of whether or not those other municipalities
9will receive 100% of their Net State Sales Tax Increment. For
10Fiscal Year 1999, and every year thereafter until the year
112007, for any municipality that has not entered into a
12contract or has not issued bonds prior to June 1, 1988 to
13finance redevelopment project costs within a State Sales Tax
14Boundary, the Net State Sales Tax Increment shall be
15calculated as follows: By multiplying the Net State Sales Tax
16Increment by 90% in the State Fiscal Year 1999; 80% in the
17State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
18in the State Fiscal Year 2002; 50% in the State Fiscal Year
192003; 40% in the State Fiscal Year 2004; 30% in the State
20Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
21the State Fiscal Year 2007. No payment shall be made for State
22Fiscal Year 2008 and thereafter.
23    Municipalities that issued bonds in connection with a
24redevelopment project in a redevelopment project area within
25the State Sales Tax Boundary prior to July 29, 1991, or that
26entered into contracts in connection with a redevelopment

 

 

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1project in a redevelopment project area before June 1, 1988,
2shall continue to receive their proportional share of the
3Illinois Tax Increment Fund distribution until the date on
4which the redevelopment project is completed or terminated.
5If, however, a municipality that issued bonds in connection
6with a redevelopment project in a redevelopment project area
7within the State Sales Tax Boundary prior to July 29, 1991
8retires the bonds prior to June 30, 2007 or a municipality that
9entered into contracts in connection with a redevelopment
10project in a redevelopment project area before June 1, 1988
11completes the contracts prior to June 30, 2007, then so long as
12the redevelopment project is not completed or is not
13terminated, the Net State Sales Tax Increment shall be
14calculated, beginning on the date on which the bonds are
15retired or the contracts are completed, as follows: By
16multiplying the Net State Sales Tax Increment by 60% in the
17State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
18in the State Fiscal Year 2004; 30% in the State Fiscal Year
192005; 20% in the State Fiscal Year 2006; and 10% in the State
20Fiscal Year 2007. No payment shall be made for State Fiscal
21Year 2008 and thereafter. Refunding of any bonds issued prior
22to July 29, 1991, shall not alter the Net State Sales Tax
23Increment.
24    (j) "State Utility Tax Increment Amount" means an amount
25equal to the aggregate increase in State electric and gas tax
26charges imposed on owners and tenants, other than residential

 

 

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1customers, of properties located within the redevelopment
2project area under Section 9-222 of the Public Utilities Act,
3over and above the aggregate of such charges as certified by
4the Department of Revenue and paid by owners and tenants,
5other than residential customers, of properties within the
6redevelopment project area during the base year, which shall
7be the calendar year immediately prior to the year of the
8adoption of the ordinance authorizing tax increment allocation
9financing.
10    (k) "Net State Utility Tax Increment" means the sum of the
11following: (a) 80% of the first $100,000 of State Utility Tax
12Increment annually generated by a redevelopment project area;
13(b) 60% of the amount in excess of $100,000 but not exceeding
14$500,000 of the State Utility Tax Increment annually generated
15by a redevelopment project area; and (c) 40% of all amounts in
16excess of $500,000 of State Utility Tax Increment annually
17generated by a redevelopment project area. For the State
18Fiscal Year 1999, and every year thereafter until the year
192007, for any municipality that has not entered into a
20contract or has not issued bonds prior to June 1, 1988 to
21finance redevelopment project costs within a redevelopment
22project area, the Net State Utility Tax Increment shall be
23calculated as follows: By multiplying the Net State Utility
24Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
25State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
26in the State Fiscal Year 2002; 50% in the State Fiscal Year

 

 

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12003; 40% in the State Fiscal Year 2004; 30% in the State
2Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
3the State Fiscal Year 2007. No payment shall be made for the
4State Fiscal Year 2008 and thereafter.
5    Municipalities that issue bonds in connection with the
6redevelopment project during the period from June 1, 1988
7until 3 years after the effective date of this Amendatory Act
8of 1988 shall receive the Net State Utility Tax Increment,
9subject to appropriation, for 15 State Fiscal Years after the
10issuance of such bonds. For the 16th through the 20th State
11Fiscal Years after issuance of the bonds, the Net State
12Utility Tax Increment shall be calculated as follows: By
13multiplying the Net State Utility Tax Increment by 90% in year
1416; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
15year 20. Refunding of any bonds issued prior to June 1, 1988,
16shall not alter the revised Net State Utility Tax Increment
17payments set forth above.
18    (l) "Obligations" mean bonds, loans, debentures, notes,
19special certificates or other evidence of indebtedness issued
20by the municipality to carry out a redevelopment project or to
21refund outstanding obligations.
22    (m) "Payment in lieu of taxes" means those estimated tax
23revenues from real property in a redevelopment project area
24derived from real property that has been acquired by a
25municipality which according to the redevelopment project or
26plan is to be used for a private use which taxing districts

 

 

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1would have received had a municipality not acquired the real
2property and adopted tax increment allocation financing and
3which would result from levies made after the time of the
4adoption of tax increment allocation financing to the time the
5current equalized value of real property in the redevelopment
6project area exceeds the total initial equalized value of real
7property in said area.
8    (n) "Redevelopment plan" means the comprehensive program
9of the municipality for development or redevelopment intended
10by the payment of redevelopment project costs to reduce or
11eliminate those conditions the existence of which qualified
12the redevelopment project area as a "blighted area" or
13"conservation area" or combination thereof or "industrial park
14conservation area," and thereby to enhance the tax bases of
15the taxing districts which extend into the redevelopment
16project area, provided that, with respect to redevelopment
17project areas described in subsections (p-1) and (p-2),
18"redevelopment plan" means the comprehensive program of the
19affected municipality for the development of qualifying
20transit facilities. On and after November 1, 1999 (the
21effective date of Public Act 91-478), no redevelopment plan
22may be approved or amended that includes the development of
23vacant land (i) with a golf course and related clubhouse and
24other facilities or (ii) designated by federal, State, county,
25or municipal government as public land for outdoor
26recreational activities or for nature preserves and used for

 

 

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1that purpose within 5 years prior to the adoption of the
2redevelopment plan. For the purpose of this subsection,
3"recreational activities" is limited to mean camping and
4hunting. Each redevelopment plan shall set forth in writing
5the program to be undertaken to accomplish the objectives and
6shall include but not be limited to:
7        (A) an itemized list of estimated redevelopment
8    project costs;
9        (B) evidence indicating that the redevelopment project
10    area on the whole has not been subject to growth and
11    development through investment by private enterprise,
12    provided that such evidence shall not be required for any
13    redevelopment project area located within a transit
14    facility improvement area established pursuant to Section
15    11-74.4-3.3;
16        (C) an assessment of any financial impact of the
17    redevelopment project area on or any increased demand for
18    services from any taxing district affected by the plan and
19    any program to address such financial impact or increased
20    demand;
21        (D) the sources of funds to pay costs;
22        (E) the nature and term of the obligations to be
23    issued;
24        (F) the most recent equalized assessed valuation of
25    the redevelopment project area;
26        (G) an estimate as to the equalized assessed valuation

 

 

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1    after redevelopment and the general land uses to apply in
2    the redevelopment project area;
3        (H) a commitment to fair employment practices and an
4    affirmative action plan;
5        (I) if it concerns an industrial park conservation
6    area, the plan shall also include a general description of
7    any proposed developer, user and tenant of any property, a
8    description of the type, structure and general character
9    of the facilities to be developed, a description of the
10    type, class and number of new employees to be employed in
11    the operation of the facilities to be developed; and
12        (J) if property is to be annexed to the municipality,
13    the plan shall include the terms of the annexation
14    agreement.
15    The provisions of items (B) and (C) of this subsection (n)
16shall not apply to a municipality that before March 14, 1994
17(the effective date of Public Act 88-537) had fixed, either by
18its corporate authorities or by a commission designated under
19subsection (k) of Section 11-74.4-4, a time and place for a
20public hearing as required by subsection (a) of Section
2111-74.4-5. No redevelopment plan shall be adopted unless a
22municipality complies with all of the following requirements:
23        (1) The municipality finds that the redevelopment
24    project area on the whole has not been subject to growth
25    and development through investment by private enterprise
26    and would not reasonably be anticipated to be developed

 

 

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1    without the adoption of the redevelopment plan, provided,
2    however, that such a finding shall not be required with
3    respect to any redevelopment project area located within a
4    transit facility improvement area established pursuant to
5    Section 11-74.4-3.3.
6        (2) The municipality finds that the redevelopment plan
7    and project conform to the comprehensive plan for the
8    development of the municipality as a whole, or, for
9    municipalities with a population of 100,000 or more,
10    regardless of when the redevelopment plan and project was
11    adopted, the redevelopment plan and project either: (i)
12    conforms to the strategic economic development or
13    redevelopment plan issued by the designated planning
14    authority of the municipality, or (ii) includes land uses
15    that have been approved by the planning commission of the
16    municipality.
17        (3) The redevelopment plan establishes the estimated
18    dates of completion of the redevelopment project and
19    retirement of obligations issued to finance redevelopment
20    project costs. Those dates may not be later than the dates
21    set forth under Section 11-74.4-3.5.
22        A municipality may by municipal ordinance amend an
23    existing redevelopment plan to conform to this paragraph
24    (3) as amended by Public Act 91-478, which municipal
25    ordinance may be adopted without further hearing or notice
26    and without complying with the procedures provided in this

 

 

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1    Act pertaining to an amendment to or the initial approval
2    of a redevelopment plan and project and designation of a
3    redevelopment project area.
4        (3.5) The municipality finds, in the case of an
5    industrial park conservation area, also that the
6    municipality is a labor surplus municipality and that the
7    implementation of the redevelopment plan will reduce
8    unemployment, create new jobs and by the provision of new
9    facilities enhance the tax base of the taxing districts
10    that extend into the redevelopment project area.
11        (4) If any incremental revenues are being utilized
12    under Section 8(a)(1) or 8(a)(2) of this Act in
13    redevelopment project areas approved by ordinance after
14    January 1, 1986, the municipality finds: (a) that the
15    redevelopment project area would not reasonably be
16    developed without the use of such incremental revenues,
17    and (b) that such incremental revenues will be exclusively
18    utilized for the development of the redevelopment project
19    area.
20        (5) If: (a) the redevelopment plan will not result in
21    displacement of residents from 10 or more inhabited
22    residential units, and the municipality certifies in the
23    plan that such displacement will not result from the plan;
24    or (b) the redevelopment plan is for a redevelopment
25    project area or a qualifying transit facility located
26    within a transit facility improvement area established

 

 

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1    pursuant to Section 11-74.4-3.3, and the applicable
2    project is subject to the process for evaluation of
3    environmental effects under the National Environmental
4    Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
5    impact study need not be performed. If, however, the
6    redevelopment plan would result in the displacement of
7    residents from 10 or more inhabited residential units, or
8    if the redevelopment project area contains 75 or more
9    inhabited residential units and no certification is made,
10    then the municipality shall prepare, as part of the
11    separate feasibility report required by subsection (a) of
12    Section 11-74.4-5, a housing impact study.
13        Part I of the housing impact study shall include (i)
14    data as to whether the residential units are single family
15    or multi-family units, (ii) the number and type of rooms
16    within the units, if that information is available, (iii)
17    whether the units are inhabited or uninhabited, as
18    determined not less than 45 days before the date that the
19    ordinance or resolution required by subsection (a) of
20    Section 11-74.4-5 is passed, and (iv) data as to the
21    racial and ethnic composition of the residents in the
22    inhabited residential units. The data requirement as to
23    the racial and ethnic composition of the residents in the
24    inhabited residential units shall be deemed to be fully
25    satisfied by data from the most recent federal census.
26        Part II of the housing impact study shall identify the

 

 

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

 

 

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1    Acquisition Policies Act of 1970 and the regulations under
2    that Act, including the eligibility criteria. Affordable
3    housing may be either existing or newly constructed
4    housing. For purposes of this paragraph (7), "low-income
5    households", "very low-income households", and "affordable
6    housing" have the meanings set forth in the Illinois
7    Affordable Housing Act. The municipality shall make a good
8    faith effort to ensure that this affordable housing is
9    located in or near the redevelopment project area within
10    the municipality.
11        (8) On and after November 1, 1999, if, after the
12    adoption of the redevelopment plan for the redevelopment
13    project area, any municipality desires to amend its
14    redevelopment plan to remove more inhabited residential
15    units than specified in its original redevelopment plan,
16    that change shall be made in accordance with the
17    procedures in subsection (c) of Section 11-74.4-5.
18        (9) For redevelopment project areas designated prior
19    to November 1, 1999, the redevelopment plan may be amended
20    without further joint review board meeting or hearing,
21    provided that the municipality shall give notice of any
22    such changes by mail to each affected taxing district and
23    registrant on the interested party registry, to authorize
24    the municipality to expend tax increment revenues for
25    redevelopment project costs defined by paragraphs (5) and
26    (7.5), subparagraphs (E) and (F) of paragraph (11), and

 

 

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1    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
2    so long as the changes do not increase the total estimated
3    redevelopment project costs set out in the redevelopment
4    plan by more than 5% after adjustment for inflation from
5    the date the plan was adopted.
6    (o) "Redevelopment project" means any public and private
7development project in furtherance of the objectives of a
8redevelopment plan. On and after November 1, 1999 (the
9effective date of Public Act 91-478), no redevelopment plan
10may be approved or amended that includes the development of
11vacant land (i) with a golf course and related clubhouse and
12other facilities or (ii) designated by federal, State, county,
13or municipal government as public land for outdoor
14recreational activities or for nature preserves and used for
15that purpose within 5 years prior to the adoption of the
16redevelopment plan. For the purpose of this subsection,
17"recreational activities" is limited to mean camping and
18hunting.
19    (p) "Redevelopment project area" means an area designated
20by the municipality, which is not less in the aggregate than 1
211/2 acres and in respect to which the municipality has made a
22finding that there exist conditions which cause the area to be
23classified as an industrial park conservation area or a
24blighted area or a conservation area, or a combination of both
25blighted areas and conservation areas.
26    (p-1) Notwithstanding any provision of this Act to the

 

 

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1contrary, on and after August 25, 2009 (the effective date of
2Public Act 96-680), a redevelopment project area may include
3areas within a one-half mile radius of an existing or proposed
4Regional Transportation Authority Suburban Transit Access
5Route (STAR Line) station without a finding that the area is
6classified as an industrial park conservation area, a blighted
7area, a conservation area, or a combination thereof, but only
8if the municipality receives unanimous consent from the joint
9review board created to review the proposed redevelopment
10project area.
11    (p-2) Notwithstanding any provision of this Act to the
12contrary, on and after the effective date of this amendatory
13Act of the 99th General Assembly, a redevelopment project area
14may include areas within a transit facility improvement area
15that has been established pursuant to Section 11-74.4-3.3
16without a finding that the area is classified as an industrial
17park conservation area, a blighted area, a conservation area,
18or any combination thereof.
19    (q) "Redevelopment project costs", except for
20redevelopment project areas created pursuant to subsection
21(p-1) or (p-2), means and includes the sum total of all
22reasonable or necessary costs incurred or estimated to be
23incurred, and any such costs incidental to a redevelopment
24plan and a redevelopment project. Such costs include, without
25limitation, the following:
26        (1) Costs of studies, surveys, development of plans,

 

 

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

 

 

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

 

 

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1    relating to Green Globes or LEED certified construction
2    elements or construction elements with an equivalent
3    certification;
4        (4) Costs of the construction of public works or
5    improvements, including any direct or indirect costs
6    relating to Green Globes or LEED certified construction
7    elements or construction elements with an equivalent
8    certification, except that on and after November 1, 1999,
9    redevelopment project costs shall not include the cost of
10    constructing a new municipal public building principally
11    used to provide offices, storage space, or conference
12    facilities or vehicle storage, maintenance, or repair for
13    administrative, public safety, or public works personnel
14    and that is not intended to replace an existing public
15    building as provided under paragraph (3) of subsection (q)
16    of Section 11-74.4-3 unless either (i) the construction of
17    the new municipal building implements a redevelopment
18    project that was included in a redevelopment plan that was
19    adopted by the municipality prior to November 1, 1999,
20    (ii) the municipality makes a reasonable determination in
21    the redevelopment plan, supported by information that
22    provides the basis for that determination, that the new
23    municipal building is required to meet an increase in the
24    need for public safety purposes anticipated to result from
25    the implementation of the redevelopment plan, or (iii) the
26    new municipal public building is for the storage,

 

 

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1    maintenance, or repair of transit vehicles and is located
2    in a transit facility improvement area that has been
3    established pursuant to Section 11-74.4-3.3;
4        (5) Costs of job training and retraining projects,
5    including the cost of "welfare to work" programs
6    implemented by businesses located within the redevelopment
7    project area;
8        (6) Financing costs, including but not limited to all
9    necessary and incidental expenses related to the issuance
10    of obligations and which may include payment of interest
11    on any obligations issued hereunder including interest
12    accruing during the estimated period of construction of
13    any redevelopment project for which such obligations are
14    issued and for not exceeding 36 months thereafter and
15    including reasonable reserves related thereto;
16        (7) To the extent the municipality by written
17    agreement accepts and approves the same, all or a portion
18    of a taxing district's capital costs resulting from the
19    redevelopment project necessarily incurred or to be
20    incurred within a taxing district in furtherance of the
21    objectives of the redevelopment plan and project;
22        (7.5) For redevelopment project areas designated (or
23    redevelopment project areas amended to add or increase the
24    number of tax-increment-financing assisted housing units)
25    on or after November 1, 1999, an elementary, secondary, or
26    unit school district's increased costs attributable to

 

 

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1    assisted housing units located within the redevelopment
2    project area for which the developer or redeveloper
3    receives financial assistance through an agreement with
4    the municipality or because the municipality incurs the
5    cost of necessary infrastructure improvements within the
6    boundaries of the assisted housing sites necessary for the
7    completion of that housing as authorized by this Act, and
8    which costs shall be paid by the municipality from the
9    Special Tax Allocation Fund when the tax increment revenue
10    is received as a result of the assisted housing units and
11    shall be calculated annually as follows:
12            (A) for foundation districts, excluding any school
13        district in a municipality with a population in excess
14        of 1,000,000, by multiplying the district's increase
15        in attendance resulting from the net increase in new
16        students enrolled in that school district who reside
17        in housing units within the redevelopment project area
18        that have received financial assistance through an
19        agreement with the municipality or because the
20        municipality incurs the cost of necessary
21        infrastructure improvements within the boundaries of
22        the housing sites necessary for the completion of that
23        housing as authorized by this Act since the
24        designation of the redevelopment project area by the
25        most recently available per capita tuition cost as
26        defined in Section 10-20.12a of the School Code less

 

 

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1        any increase in general State aid as defined in
2        Section 18-8.05 of the School Code or evidence-based
3        funding as defined in Section 18-8.15 of the School
4        Code attributable to these added new students subject
5        to the following annual limitations:
6                (i) for unit school districts with a district
7            average 1995-96 Per Capita Tuition Charge of less
8            than $5,900, no more than 25% of the total amount
9            of property tax increment revenue produced by
10            those housing units that have received tax
11            increment finance assistance under this Act;
12                (ii) for elementary school districts with a
13            district average 1995-96 Per Capita Tuition Charge
14            of less than $5,900, no more than 17% of the total
15            amount of property tax increment revenue produced
16            by those housing units that have received tax
17            increment finance assistance under this Act; and
18                (iii) for secondary school districts with a
19            district average 1995-96 Per Capita Tuition Charge
20            of less than $5,900, no more than 8% of the total
21            amount of property tax increment revenue produced
22            by those housing units that have received tax
23            increment finance assistance under this Act.
24            (B) For alternate method districts, flat grant
25        districts, and foundation districts with a district
26        average 1995-96 Per Capita Tuition Charge equal to or

 

 

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1        more than $5,900, excluding any school district with a
2        population in excess of 1,000,000, by multiplying the
3        district's increase in attendance resulting from the
4        net increase in new students enrolled in that school
5        district who reside in housing units within the
6        redevelopment project area that have received
7        financial assistance through an agreement with the
8        municipality or because the municipality incurs the
9        cost of necessary infrastructure improvements within
10        the boundaries of the housing sites necessary for the
11        completion of that housing as authorized by this Act
12        since the designation of the redevelopment project
13        area by the most recently available per capita tuition
14        cost as defined in Section 10-20.12a of the School
15        Code less any increase in general state aid as defined
16        in Section 18-8.05 of the School Code or
17        evidence-based funding as defined in Section 18-8.15
18        of the School Code attributable to these added new
19        students subject to the following annual limitations:
20                (i) for unit school districts, no more than
21            40% of the total amount of property tax increment
22            revenue produced by those housing units that have
23            received tax increment finance assistance under
24            this Act;
25                (ii) for elementary school districts, no more
26            than 27% of the total amount of property tax

 

 

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1            increment revenue produced by those housing units
2            that have received tax increment finance
3            assistance under this Act; and
4                (iii) for secondary school districts, no more
5            than 13% of the total amount of property tax
6            increment revenue produced by those housing units
7            that have received tax increment finance
8            assistance under this Act.
9            (C) For any school district in a municipality with
10        a population in excess of 1,000,000, the following
11        restrictions shall apply to the reimbursement of
12        increased costs under this paragraph (7.5):
13                (i) no increased costs shall be reimbursed
14            unless the school district certifies that each of
15            the schools affected by the assisted housing
16            project is at or over its student capacity;
17                (ii) the amount reimbursable shall be reduced
18            by the value of any land donated to the school
19            district by the municipality or developer, and by
20            the value of any physical improvements made to the
21            schools by the municipality or developer; and
22                (iii) the amount reimbursed may not affect
23            amounts otherwise obligated by the terms of any
24            bonds, notes, or other funding instruments, or the
25            terms of any redevelopment agreement.
26        Any school district seeking payment under this

 

 

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1        paragraph (7.5) shall, after July 1 and before
2        September 30 of each year, provide the municipality
3        with reasonable evidence to support its claim for
4        reimbursement before the municipality shall be
5        required to approve or make the payment to the school
6        district. If the school district fails to provide the
7        information during this period in any year, it shall
8        forfeit any claim to reimbursement for that year.
9        School districts may adopt a resolution waiving the
10        right to all or a portion of the reimbursement
11        otherwise required by this paragraph (7.5). By
12        acceptance of this reimbursement the school district
13        waives the right to directly or indirectly set aside,
14        modify, or contest in any manner the establishment of
15        the redevelopment project area or projects;
16        (7.7) For redevelopment project areas designated (or
17    redevelopment project areas amended to add or increase the
18    number of tax-increment-financing assisted housing units)
19    on or after January 1, 2005 (the effective date of Public
20    Act 93-961), a public library district's increased costs
21    attributable to assisted housing units located within the
22    redevelopment project area for which the developer or
23    redeveloper receives financial assistance through an
24    agreement with the municipality or because the
25    municipality incurs the cost of necessary infrastructure
26    improvements within the boundaries of the assisted housing

 

 

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1    sites necessary for the completion of that housing as
2    authorized by this Act shall be paid to the library
3    district by the municipality from the Special Tax
4    Allocation Fund when the tax increment revenue is received
5    as a result of the assisted housing units. This paragraph
6    (7.7) applies only if (i) the library district is located
7    in a county that is subject to the Property Tax Extension
8    Limitation Law or (ii) the library district is not located
9    in a county that is subject to the Property Tax Extension
10    Limitation Law but the district is prohibited by any other
11    law from increasing its tax levy rate without a prior
12    voter referendum.
13        The amount paid to a library district under this
14    paragraph (7.7) shall be calculated by multiplying (i) the
15    net increase in the number of persons eligible to obtain a
16    library card in that district who reside in housing units
17    within the redevelopment project area that have received
18    financial assistance through an agreement with the
19    municipality or because the municipality incurs the cost
20    of necessary infrastructure improvements within the
21    boundaries of the housing sites necessary for the
22    completion of that housing as authorized by this Act since
23    the designation of the redevelopment project area by (ii)
24    the per-patron cost of providing library services so long
25    as it does not exceed $120. The per-patron cost shall be
26    the Total Operating Expenditures Per Capita for the

 

 

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1    library in the previous fiscal year. The municipality may
2    deduct from the amount that it must pay to a library
3    district under this paragraph any amount that it has
4    voluntarily paid to the library district from the tax
5    increment revenue. The amount paid to a library district
6    under this paragraph (7.7) shall be no more than 2% of the
7    amount produced by the assisted housing units and
8    deposited into the Special Tax Allocation Fund.
9        A library district is not eligible for any payment
10    under this paragraph (7.7) unless the library district has
11    experienced an increase in the number of patrons from the
12    municipality that created the tax-increment-financing
13    district since the designation of the redevelopment
14    project area.
15        Any library district seeking payment under this
16    paragraph (7.7) shall, after July 1 and before September
17    30 of each year, provide the municipality with convincing
18    evidence to support its claim for reimbursement before the
19    municipality shall be required to approve or make the
20    payment to the library district. If the library district
21    fails to provide the information during this period in any
22    year, it shall forfeit any claim to reimbursement for that
23    year. Library districts may adopt a resolution waiving the
24    right to all or a portion of the reimbursement otherwise
25    required by this paragraph (7.7). By acceptance of such
26    reimbursement, the library district shall forfeit any

 

 

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1    right to directly or indirectly set aside, modify, or
2    contest in any manner whatsoever the establishment of the
3    redevelopment project area or projects;
4        (8) Relocation costs to the extent that a municipality
5    determines that relocation costs shall be paid or is
6    required to make payment of relocation costs by federal or
7    State law or in order to satisfy subparagraph (7) of
8    subsection (n);
9        (9) Payment in lieu of taxes;
10        (10) Costs of job training, retraining, advanced
11    vocational education or career education, including but
12    not limited to courses in occupational, semi-technical or
13    technical fields leading directly to employment, incurred
14    by one or more taxing districts, provided that such costs
15    (i) are related to the establishment and maintenance of
16    additional job training, advanced vocational education or
17    career education programs for persons employed or to be
18    employed by employers located in a redevelopment project
19    area; and (ii) when incurred by a taxing district or
20    taxing districts other than the municipality, are set
21    forth in a written agreement by or among the municipality
22    and the taxing district or taxing districts, which
23    agreement describes the program to be undertaken,
24    including but not limited to the number of employees to be
25    trained, a description of the training and services to be
26    provided, the number and type of positions available or to

 

 

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1    be available, itemized costs of the program and sources of
2    funds to pay for the same, and the term of the agreement.
3    Such costs include, specifically, the payment by community
4    college districts of costs pursuant to Sections 3-37,
5    3-38, 3-40 and 3-40.1 of the Public Community College Act
6    and by school districts of costs pursuant to Sections
7    10-22.20a and 10-23.3a of the School Code;
8        (11) Interest cost incurred by a redeveloper related
9    to the construction, renovation or rehabilitation of a
10    redevelopment project provided that:
11            (A) such costs are to be paid directly from the
12        special tax allocation fund established pursuant to
13        this Act;
14            (B) such payments in any one year may not exceed
15        30% of the annual interest costs incurred by the
16        redeveloper with regard to the redevelopment project
17        during that year;
18            (C) if there are not sufficient funds available in
19        the special tax allocation fund to make the payment
20        pursuant to this paragraph (11) then the amounts so
21        due shall accrue and be payable when sufficient funds
22        are available in the special tax allocation fund;
23            (D) the total of such interest payments paid
24        pursuant to this Act may not exceed 30% of the total
25        (i) cost paid or incurred by the redeveloper for the
26        redevelopment project plus (ii) redevelopment project

 

 

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1        costs excluding any property assembly costs and any
2        relocation costs incurred by a municipality pursuant
3        to this Act;
4            (E) the cost limits set forth in subparagraphs (B)
5        and (D) of paragraph (11) shall be modified for the
6        financing of rehabilitated or new housing units for
7        low-income households and very low-income households,
8        as defined in Section 3 of the Illinois Affordable
9        Housing Act. The percentage of 75% shall be
10        substituted for 30% in subparagraphs (B) and (D) of
11        paragraph (11); and
12            (F) instead of the eligible costs provided by
13        subparagraphs (B) and (D) of paragraph (11), as
14        modified by this subparagraph, and notwithstanding any
15        other provisions of this Act to the contrary, the
16        municipality may pay from tax increment revenues up to
17        50% of the cost of construction of new housing units to
18        be occupied by low-income households and very
19        low-income households as defined in Section 3 of the
20        Illinois Affordable Housing Act. The cost of
21        construction of those units may be derived from the
22        proceeds of bonds issued by the municipality under
23        this Act or other constitutional or statutory
24        authority or from other sources of municipal revenue
25        that may be reimbursed from tax increment revenues or
26        the proceeds of bonds issued to finance the

 

 

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1        construction of that housing.
2            The eligible costs provided under this
3        subparagraph (F) of paragraph (11) shall be an
4        eligible cost for the construction, renovation, and
5        rehabilitation of all low and very low-income housing
6        units, as defined in Section 3 of the Illinois
7        Affordable Housing Act, within the redevelopment
8        project area. If the low and very low-income units are
9        part of a residential redevelopment project that
10        includes units not affordable to low and very
11        low-income households, only the low and very
12        low-income units shall be eligible for benefits under
13        this subparagraph (F) of paragraph (11). The standards
14        for maintaining the occupancy by low-income households
15        and very low-income households, as defined in Section
16        3 of the Illinois Affordable Housing Act, of those
17        units constructed with eligible costs made available
18        under the provisions of this subparagraph (F) of
19        paragraph (11) shall be established by guidelines
20        adopted by the municipality. The responsibility for
21        annually documenting the initial occupancy of the
22        units by low-income households and very low-income
23        households, as defined in Section 3 of the Illinois
24        Affordable Housing Act, shall be that of the then
25        current owner of the property. For ownership units,
26        the guidelines will provide, at a minimum, for a

 

 

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1        reasonable recapture of funds, or other appropriate
2        methods designed to preserve the original
3        affordability of the ownership units. For rental
4        units, the guidelines will provide, at a minimum, for
5        the affordability of rent to low and very low-income
6        households. As units become available, they shall be
7        rented to income-eligible tenants. The municipality
8        may modify these guidelines from time to time; the
9        guidelines, however, shall be in effect for as long as
10        tax increment revenue is being used to pay for costs
11        associated with the units or for the retirement of
12        bonds issued to finance the units or for the life of
13        the redevelopment project area, whichever is later;
14        (11.5) If the redevelopment project area is located
15    within a municipality with a population of more than
16    100,000, the cost of day care services for children of
17    employees from low-income families working for businesses
18    located within the redevelopment project area and all or a
19    portion of the cost of operation of day care centers
20    established by redevelopment project area businesses to
21    serve employees from low-income families working in
22    businesses located in the redevelopment project area. For
23    the purposes of this paragraph, "low-income families"
24    means families whose annual income does not exceed 80% of
25    the municipal, county, or regional median income, adjusted
26    for family size, as the annual income and municipal,

 

 

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1    county, or regional median income are determined from time
2    to time by the United States Department of Housing and
3    Urban Development.
4        (12) Costs relating to the development of urban
5    agricultural areas under Division 15.2 of the Illinois
6    Municipal Code.
7    Unless explicitly stated herein the cost of construction
8of new privately-owned buildings shall not be an eligible
9redevelopment project cost.
10    After November 1, 1999 (the effective date of Public Act
1191-478), none of the redevelopment project costs enumerated in
12this subsection shall be eligible redevelopment project costs
13if those costs would provide direct financial support to a
14retail entity initiating operations in the redevelopment
15project area while terminating operations at another Illinois
16location within 10 miles of the redevelopment project area but
17outside the boundaries of the redevelopment project area
18municipality. For purposes of this paragraph, termination
19means a closing of a retail operation that is directly related
20to the opening of the same operation or like retail entity
21owned or operated by more than 50% of the original ownership in
22a redevelopment project area, but it does not mean closing an
23operation for reasons beyond the control of the retail entity,
24as documented by the retail entity, subject to a reasonable
25finding by the municipality that the current location
26contained inadequate space, had become economically obsolete,

 

 

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1or was no longer a viable location for the retailer or
2serviceman.
3    No cost shall be a redevelopment project cost in a
4redevelopment project area if used to demolish, remove, or
5substantially modify a historic resource, after August 26,
62008 (the effective date of Public Act 95-934), unless no
7prudent and feasible alternative exists. "Historic resource"
8for the purpose of this paragraph means (i) a place or
9structure that is included or eligible for inclusion on the
10National Register of Historic Places or (ii) a contributing
11structure in a district on the National Register of Historic
12Places. This paragraph does not apply to a place or structure
13for which demolition, removal, or modification is subject to
14review by the preservation agency of a Certified Local
15Government designated as such by the National Park Service of
16the United States Department of the Interior.
17    If a special service area has been established pursuant to
18the Special Service Area Tax Act or Special Service Area Tax
19Law, then any tax increment revenues derived from the tax
20imposed pursuant to the Special Service Area Tax Act or
21Special Service Area Tax Law may be used within the
22redevelopment project area for the purposes permitted by that
23Act or Law as well as the purposes permitted by this Act.
24    (q-1) For redevelopment project areas created pursuant to
25subsection (p-1), redevelopment project costs are limited to
26those costs in paragraph (q) that are related to the existing

 

 

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1or proposed Regional Transportation Authority Suburban Transit
2Access Route (STAR Line) station.
3    (q-2) For a transit facility improvement area established
4prior to, on, or after the effective date of this amendatory
5Act of the 102nd General Assembly: (i) "redevelopment project
6costs" means those costs described in subsection (q) that are
7related to the construction, reconstruction, rehabilitation,
8remodeling, or repair of any existing or proposed transit
9facility, whether that facility is located within or outside
10the boundaries of a redevelopment project area established
11within that transit facility improvement area (and, to the
12extent a redevelopment project cost is described in subsection
13(q) as incurred or estimated to be incurred with respect to a
14redevelopment project area, then it shall apply with respect
15to such transit facility improvement area); and (ii) the
16provisions of Section 11-74.4-8 regarding tax increment
17allocation financing for a redevelopment project area located
18in a transit facility improvement area shall apply only to the
19lots, blocks, tracts and parcels of real property that are
20located within the boundaries of that redevelopment project
21area and not to the lots, blocks, tracts, and parcels of real
22property that are located outside the boundaries of that
23redevelopment project area For a redevelopment project area
24located within a transit facility improvement area established
25pursuant to Section 11-74.4-3.3, redevelopment project costs
26means those costs described in subsection (q) that are related

 

 

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1to the construction, reconstruction, rehabilitation,
2remodeling, or repair of any existing or proposed transit
3facility.
4    (r) "State Sales Tax Boundary" means the redevelopment
5project area or the amended redevelopment project area
6boundaries which are determined pursuant to subsection (9) of
7Section 11-74.4-8a of this Act. The Department of Revenue
8shall certify pursuant to subsection (9) of Section 11-74.4-8a
9the appropriate boundaries eligible for the determination of
10State Sales Tax Increment.
11    (s) "State Sales Tax Increment" means an amount equal to
12the increase in the aggregate amount of taxes paid by
13retailers and servicemen, other than retailers and servicemen
14subject to the Public Utilities Act, on transactions at places
15of business located within a State Sales Tax Boundary pursuant
16to the Retailers' Occupation Tax Act, the Use Tax Act, the
17Service Use Tax Act, and the Service Occupation Tax Act,
18except such portion of such increase that is paid into the
19State and Local Sales Tax Reform Fund, the Local Government
20Distributive Fund, the Local Government Tax Fund and the
21County and Mass Transit District Fund, for as long as State
22participation exists, over and above the Initial Sales Tax
23Amounts, Adjusted Initial Sales Tax Amounts or the Revised
24Initial Sales Tax Amounts for such taxes as certified by the
25Department of Revenue and paid under those Acts by retailers
26and servicemen on transactions at places of business located

 

 

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1within the State Sales Tax Boundary during the base year which
2shall be the calendar year immediately prior to the year in
3which the municipality adopted tax increment allocation
4financing, less 3.0% of such amounts generated under the
5Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
6Act and the Service Occupation Tax Act, which sum shall be
7appropriated to the Department of Revenue to cover its costs
8of administering and enforcing this Section. For purposes of
9computing the aggregate amount of such taxes for base years
10occurring prior to 1985, the Department of Revenue shall
11compute the Initial Sales Tax Amount for such taxes and deduct
12therefrom an amount equal to 4% of the aggregate amount of
13taxes per year for each year the base year is prior to 1985,
14but not to exceed a total deduction of 12%. The amount so
15determined shall be known as the "Adjusted Initial Sales Tax
16Amount". For purposes of determining the State Sales Tax
17Increment the Department of Revenue shall for each period
18subtract from the tax amounts received from retailers and
19servicemen on transactions located in the State Sales Tax
20Boundary, the certified Initial Sales Tax Amounts, Adjusted
21Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
22for the Retailers' Occupation Tax Act, the Use Tax Act, the
23Service Use Tax Act and the Service Occupation Tax Act. For the
24State Fiscal Year 1989 this calculation shall be made by
25utilizing the calendar year 1987 to determine the tax amounts
26received. For the State Fiscal Year 1990, this calculation

 

 

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1shall be made by utilizing the period from January 1, 1988,
2until September 30, 1988, to determine the tax amounts
3received from retailers and servicemen, which shall have
4deducted therefrom nine-twelfths of the certified Initial
5Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
6Revised Initial Sales Tax Amounts as appropriate. For the
7State Fiscal Year 1991, this calculation shall be made by
8utilizing the period from October 1, 1988, until June 30,
91989, to determine the tax amounts received from retailers and
10servicemen, which shall have deducted therefrom nine-twelfths
11of the certified Initial State Sales Tax Amounts, Adjusted
12Initial Sales Tax Amounts or the Revised Initial Sales Tax
13Amounts as appropriate. For every State Fiscal Year
14thereafter, the applicable period shall be the 12 months
15beginning July 1 and ending on June 30, to determine the tax
16amounts received which shall have deducted therefrom the
17certified Initial Sales Tax Amounts, Adjusted Initial Sales
18Tax Amounts or the Revised Initial Sales Tax Amounts.
19Municipalities intending to receive a distribution of State
20Sales Tax Increment must report a list of retailers to the
21Department of Revenue by October 31, 1988 and by July 31, of
22each year thereafter.
23    (t) "Taxing districts" means counties, townships, cities
24and incorporated towns and villages, school, road, park,
25sanitary, mosquito abatement, forest preserve, public health,
26fire protection, river conservancy, tuberculosis sanitarium

 

 

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1and any other municipal corporations or districts with the
2power to levy taxes.
3    (u) "Taxing districts' capital costs" means those costs of
4taxing districts for capital improvements that are found by
5the municipal corporate authorities to be necessary and
6directly result from the redevelopment project.
7    (v) As used in subsection (a) of Section 11-74.4-3 of this
8Act, "vacant land" means any parcel or combination of parcels
9of real property without industrial, commercial, and
10residential buildings which has not been used for commercial
11agricultural purposes within 5 years prior to the designation
12of the redevelopment project area, unless the parcel is
13included in an industrial park conservation area or the parcel
14has been subdivided; provided that if the parcel was part of a
15larger tract that has been divided into 3 or more smaller
16tracts that were accepted for recording during the period from
171950 to 1990, then the parcel shall be deemed to have been
18subdivided, and all proceedings and actions of the
19municipality taken in that connection with respect to any
20previously approved or designated redevelopment project area
21or amended redevelopment project area are hereby validated and
22hereby declared to be legally sufficient for all purposes of
23this Act. For purposes of this Section and only for land
24subject to the subdivision requirements of the Plat Act, land
25is subdivided when the original plat of the proposed
26Redevelopment Project Area or relevant portion thereof has

 

 

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1been properly certified, acknowledged, approved, and recorded
2or filed in accordance with the Plat Act and a preliminary
3plat, if any, for any subsequent phases of the proposed
4Redevelopment Project Area or relevant portion thereof has
5been properly approved and filed in accordance with the
6applicable ordinance of the municipality.
7    (w) "Annual Total Increment" means the sum of each
8municipality's annual Net Sales Tax Increment and each
9municipality's annual Net Utility Tax Increment. The ratio of
10the Annual Total Increment of each municipality to the Annual
11Total Increment for all municipalities, as most recently
12calculated by the Department, shall determine the proportional
13shares of the Illinois Tax Increment Fund to be distributed to
14each municipality.
15    (x) "LEED certified" means any certification level of
16construction elements by a qualified Leadership in Energy and
17Environmental Design Accredited Professional as determined by
18the U.S. Green Building Council.
19    (y) "Green Globes certified" means any certification level
20of construction elements by a qualified Green Globes
21Professional as determined by the Green Building Initiative.
22(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
23100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
 
24    (65 ILCS 5/11-74.4-3.3)
25    Sec. 11-74.4-3.3. Redevelopment project area within a

 

 

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1transit facility improvement area.
2    (a) As used in this Section:
3    "Redevelopment project area" means the area identified in:
4the Chicago Union Station Master Plan; the Chicago Transit
5Authority's Red and Purple Modernization Program; the Chicago
6Transit Authority's Red Line Extension Program; and the
7Chicago Transit Authority's Blue Line Modernization and
8Extension Program, each as may be amended from time to time
9after the effective date of this amendatory Act of the 99th
10General Assembly, and, in each case, regardless of whether all
11of the parcels of real property included in the redevelopment
12project area are adjacent to one another.
13    "Transit" means any one or more of the following
14transportation services provided to passengers: inter-city
15passenger rail service; commuter rail service; and urban mass
16transit rail service, whether elevated, underground, or
17running at grade, and whether provided through rolling stock
18generally referred to as heavy rail or light rail.
19    "Transit facility" means an existing or proposed transit
20passenger station, an existing or proposed transit
21maintenance, storage or service facility, or an existing or
22proposed right of way for use in providing transit services.
23    "Transit facility improvement area" means an area whose
24boundaries are no more than one-half mile in any direction
25from the location of a transit passenger station, or the
26existing or proposed right of way of transit facility, as

 

 

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1applicable; provided that the length of any existing or
2proposed right of way or a transit passenger station included
3in any transit facility improvement area shall not exceed: 9
4miles for the Chicago Transit Authority's Blue Line
5Modernization and Extension Program; 17 miles for the Chicago
6Transit Authority's Red and Purple Modernization Program
7(running from Madison Street North to Linden Avenue); and 20
8miles for the Chicago Transit Authority's Red Line Extension
9Program (running from Madison Street South to 134th 130th
10Street (as extended)).
11    (b) Notwithstanding any other provision of law to the
12contrary, if the corporate authorities of a municipality
13designate an area within the territorial limits of the
14municipality as a transit facility improvement area, then that
15municipality may establish one or more redevelopment project
16areas within that transit facility improvement area for the
17purpose of developing new transit facilities, expanding or
18rehabilitating existing transit facilities, or both, within
19that transit facility improvement area. With respect to a
20transit facility whose right of way is located in more than one
21municipality, each municipality may designate an area within
22its territorial limits as a transit facility improvement area
23and may establish a redevelopment project area for each of the
24qualifying projects identified in subsection (a) of this
25Section.
26    Notwithstanding any other provision of law, on and after

 

 

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1the effective date of this amendatory Act of the 102nd General
2Assembly, the following provisions apply to transit facility
3improvement areas, and to redevelopment project areas located
4in a transit facility improvement area, established prior to,
5on, or after the effective date of this amendatory Act of the
6102nd General Assembly:
7        (1) A redevelopment project area established within a
8    transit facility improvement area whose boundaries satisfy
9    the requirements of this Section shall be deemed to
10    satisfy the contiguity requirements of subsection (a) of
11    Section 11-74.4-4, regardless of whether all of the
12    parcels of real property included in the redevelopment
13    project area are adjacent to one another.
14        (2) Item (1) applies through and including the
15    completion date of the redevelopment project located
16    within the transit facility improvement area established
17    pursuant to Section 11-74.4-3.3 and the date of retirement
18    of obligations issued to finance redevelopment project
19    costs, all in accordance with subsection (a-5) of Section
20    11-74.4-3.5.
21(Source: P.A. 99-792, eff. 8-12-16.)
 
22    (65 ILCS 5/11-74.4-3.5)
23    Sec. 11-74.4-3.5. Completion dates for redevelopment
24projects.
25    (a) Unless otherwise stated in this Section, the estimated

 

 

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1dates of completion of the redevelopment project and
2retirement of obligations issued to finance redevelopment
3project costs (including refunding bonds under Section
411-74.4-7) may not be later than December 31 of the year in
5which the payment to the municipal treasurer, as provided in
6subsection (b) of Section 11-74.4-8 of this Act, is to be made
7with respect to ad valorem taxes levied in the 23rd calendar
8year after the year in which the ordinance approving the
9redevelopment project area was adopted if the ordinance was
10adopted on or after January 15, 1981.
11    (a-5) If the redevelopment project area is located within
12a transit facility improvement area established pursuant to
13Section 11-74.4-3, the estimated dates of completion of the
14redevelopment project and retirement of obligations issued to
15finance redevelopment project costs (including refunding bonds
16under Section 11-74.4-7) may not be later than December 31 of
17the year in which the payment to the municipal treasurer, as
18provided in subsection (b) of Section 11-74.4-8 of this Act,
19is to be made with respect to ad valorem taxes levied in the
2035th calendar year after the year in which the ordinance
21approving the redevelopment project area was adopted.
22    (a-7) A municipality may adopt tax increment financing for
23a redevelopment project area located in a transit facility
24improvement area that also includes real property located
25within an existing redevelopment project area established
26prior to August 12, 2016 (the effective date of Public Act

 

 

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199-792). In such case: (i) the provisions of this Division
2shall apply with respect to the previously established
3redevelopment project area until the municipality adopts, as
4required in accordance with applicable provisions of this
5Division, an ordinance dissolving the special tax allocation
6fund for such redevelopment project area and terminating the
7designation of such redevelopment project area as a
8redevelopment project area; and (ii) after the effective date
9of the ordinance described in (i), the provisions of this
10Division shall apply with respect to the subsequently
11established redevelopment project area located in a transit
12facility improvement area.
13    (b) The estimated dates of completion of the redevelopment
14project and retirement of obligations issued to finance
15redevelopment project costs (including refunding bonds under
16Section 11-74.4-7) may not be later than December 31 of the
17year in which the payment to the municipal treasurer as
18provided in subsection (b) of Section 11-74.4-8 of this Act is
19to be made with respect to ad valorem taxes levied in the 32nd
20calendar year after the year in which the ordinance approving
21the redevelopment project area was adopted if the ordinance
22was adopted on September 9, 1999 by the Village of Downs.
23    The estimated dates of completion of the redevelopment
24project and retirement of obligations issued to finance
25redevelopment project costs (including refunding bonds under
26Section 11-74.4-7) may not be later than December 31 of the

 

 

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1year in which the payment to the municipal treasurer as
2provided in subsection (b) of Section 11-74.4-8 of this Act is
3to be made with respect to ad valorem taxes levied in the 33rd
4calendar year after the year in which the ordinance approving
5the redevelopment project area was adopted if the ordinance
6was adopted on May 20, 1985 by the Village of Wheeling.
7    The estimated dates of completion of the redevelopment
8project and retirement of obligations issued to finance
9redevelopment project costs (including refunding bonds under
10Section 11-74.4-7) may not be later than December 31 of the
11year in which the payment to the municipal treasurer as
12provided in subsection (b) of Section 11-74.4-8 of this Act is
13to be made with respect to ad valorem taxes levied in the 28th
14calendar year after the year in which the ordinance approving
15the redevelopment project area was adopted if the ordinance
16was adopted on October 12, 1989 by the City of Lawrenceville.
17    (c) The estimated dates of completion of the redevelopment
18project and retirement of obligations issued to finance
19redevelopment project costs (including refunding bonds under
20Section 11-74.4-7) may not be later than December 31 of the
21year in which the payment to the municipal treasurer as
22provided in subsection (b) of Section 11-74.4-8 of this Act is
23to be made with respect to ad valorem taxes levied in the 35th
24calendar year after the year in which the ordinance approving
25the redevelopment project area was adopted:
26        (1) If the ordinance was adopted before January 15,

 

 

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1    1981.
2        (2) If the ordinance was adopted in December 1983,
3    April 1984, July 1985, or December 1989.
4        (3) If the ordinance was adopted in December 1987 and
5    the redevelopment project is located within one mile of
6    Midway Airport.
7        (4) If the ordinance was adopted before January 1,
8    1987 by a municipality in Mason County.
9        (5) If the municipality is subject to the Local
10    Government Financial Planning and Supervision Act or the
11    Financially Distressed City Law.
12        (6) If the ordinance was adopted in December 1984 by
13    the Village of Rosemont.
14        (7) If the ordinance was adopted on December 31, 1986
15    by a municipality located in Clinton County for which at
16    least $250,000 of tax increment bonds were authorized on
17    June 17, 1997, or if the ordinance was adopted on December
18    31, 1986 by a municipality with a population in 1990 of
19    less than 3,600 that is located in a county with a
20    population in 1990 of less than 34,000 and for which at
21    least $250,000 of tax increment bonds were authorized on
22    June 17, 1997.
23        (8) If the ordinance was adopted on October 5, 1982 by
24    the City of Kankakee, or if the ordinance was adopted on
25    December 29, 1986 by East St. Louis.
26        (9) If the ordinance was adopted on November 12, 1991

 

 

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1    by the Village of Sauget.
2        (10) If the ordinance was adopted on February 11, 1985
3    by the City of Rock Island.
4        (11) If the ordinance was adopted before December 18,
5    1986 by the City of Moline.
6        (12) If the ordinance was adopted in September 1988 by
7    Sauk Village.
8        (13) If the ordinance was adopted in October 1993 by
9    Sauk Village.
10        (14) If the ordinance was adopted on December 29, 1986
11    by the City of Galva.
12        (15) If the ordinance was adopted in March 1991 by the
13    City of Centreville.
14        (16) If the ordinance was adopted on January 23, 1991
15    by the City of East St. Louis.
16        (17) If the ordinance was adopted on December 22, 1986
17    by the City of Aledo.
18        (18) If the ordinance was adopted on February 5, 1990
19    by the City of Clinton.
20        (19) If the ordinance was adopted on September 6, 1994
21    by the City of Freeport.
22        (20) If the ordinance was adopted on December 22, 1986
23    by the City of Tuscola.
24        (21) If the ordinance was adopted on December 23, 1986
25    by the City of Sparta.
26        (22) If the ordinance was adopted on December 23, 1986

 

 

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1    by the City of Beardstown.
2        (23) If the ordinance was adopted on April 27, 1981,
3    October 21, 1985, or December 30, 1986 by the City of
4    Belleville.
5        (24) If the ordinance was adopted on December 29, 1986
6    by the City of Collinsville.
7        (25) If the ordinance was adopted on September 14,
8    1994 by the City of Alton.
9        (26) If the ordinance was adopted on November 11, 1996
10    by the City of Lexington.
11        (27) If the ordinance was adopted on November 5, 1984
12    by the City of LeRoy.
13        (28) If the ordinance was adopted on April 3, 1991 or
14    June 3, 1992 by the City of Markham.
15        (29) If the ordinance was adopted on November 11, 1986
16    by the City of Pekin.
17        (30) If the ordinance was adopted on December 15, 1981
18    by the City of Champaign.
19        (31) If the ordinance was adopted on December 15, 1986
20    by the City of Urbana.
21        (32) If the ordinance was adopted on December 15, 1986
22    by the Village of Heyworth.
23        (33) If the ordinance was adopted on February 24, 1992
24    by the Village of Heyworth.
25        (34) If the ordinance was adopted on March 16, 1995 by
26    the Village of Heyworth.

 

 

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1        (35) If the ordinance was adopted on December 23, 1986
2    by the Town of Cicero.
3        (36) If the ordinance was adopted on December 30, 1986
4    by the City of Effingham.
5        (37) If the ordinance was adopted on May 9, 1991 by the
6    Village of Tilton.
7        (38) If the ordinance was adopted on October 20, 1986
8    by the City of Elmhurst.
9        (39) If the ordinance was adopted on January 19, 1988
10    by the City of Waukegan.
11        (40) If the ordinance was adopted on September 21,
12    1998 by the City of Waukegan.
13        (41) If the ordinance was adopted on December 31, 1986
14    by the City of Sullivan.
15        (42) If the ordinance was adopted on December 23, 1991
16    by the City of Sullivan.
17        (43) If the ordinance was adopted on December 31, 1986
18    by the City of Oglesby.
19        (44) If the ordinance was adopted on July 28, 1987 by
20    the City of Marion.
21        (45) If the ordinance was adopted on April 23, 1990 by
22    the City of Marion.
23        (46) If the ordinance was adopted on August 20, 1985
24    by the Village of Mount Prospect.
25        (47) If the ordinance was adopted on February 2, 1998
26    by the Village of Woodhull.

 

 

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1        (48) If the ordinance was adopted on April 20, 1993 by
2    the Village of Princeville.
3        (49) If the ordinance was adopted on July 1, 1986 by
4    the City of Granite City.
5        (50) If the ordinance was adopted on February 2, 1989
6    by the Village of Lombard.
7        (51) If the ordinance was adopted on December 29, 1986
8    by the Village of Gardner.
9        (52) If the ordinance was adopted on July 14, 1999 by
10    the Village of Paw Paw.
11        (53) If the ordinance was adopted on November 17, 1986
12    by the Village of Franklin Park.
13        (54) If the ordinance was adopted on November 20, 1989
14    by the Village of South Holland.
15        (55) If the ordinance was adopted on July 14, 1992 by
16    the Village of Riverdale.
17        (56) If the ordinance was adopted on December 29, 1986
18    by the City of Galesburg.
19        (57) If the ordinance was adopted on April 1, 1985 by
20    the City of Galesburg.
21        (58) If the ordinance was adopted on May 21, 1990 by
22    the City of West Chicago.
23        (59) If the ordinance was adopted on December 16, 1986
24    by the City of Oak Forest.
25        (60) If the ordinance was adopted in 1999 by the City
26    of Villa Grove.

 

 

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1        (61) If the ordinance was adopted on January 13, 1987
2    by the Village of Mt. Zion.
3        (62) If the ordinance was adopted on December 30, 1986
4    by the Village of Manteno.
5        (63) If the ordinance was adopted on April 3, 1989 by
6    the City of Chicago Heights.
7        (64) If the ordinance was adopted on January 6, 1999
8    by the Village of Rosemont.
9        (65) If the ordinance was adopted on December 19, 2000
10    by the Village of Stone Park.
11        (66) If the ordinance was adopted on December 22, 1986
12    by the City of DeKalb.
13        (67) If the ordinance was adopted on December 2, 1986
14    by the City of Aurora.
15        (68) If the ordinance was adopted on December 31, 1986
16    by the Village of Milan.
17        (69) If the ordinance was adopted on September 8, 1994
18    by the City of West Frankfort.
19        (70) If the ordinance was adopted on December 23, 1986
20    by the Village of Libertyville.
21        (71) If the ordinance was adopted on December 22, 1986
22    by the Village of Hoffman Estates.
23        (72) If the ordinance was adopted on September 17,
24    1986 by the Village of Sherman.
25        (73) If the ordinance was adopted on December 16, 1986
26    by the City of Macomb.

 

 

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1        (74) If the ordinance was adopted on June 11, 2002 by
2    the City of East Peoria to create the West Washington
3    Street TIF.
4        (75) If the ordinance was adopted on June 11, 2002 by
5    the City of East Peoria to create the Camp Street TIF.
6        (76) If the ordinance was adopted on August 7, 2000 by
7    the City of Des Plaines.
8        (77) If the ordinance was adopted on December 22, 1986
9    by the City of Washington to create the Washington Square
10    TIF #2.
11        (78) If the ordinance was adopted on December 29, 1986
12    by the City of Morris.
13        (79) If the ordinance was adopted on July 6, 1998 by
14    the Village of Steeleville.
15        (80) If the ordinance was adopted on December 29, 1986
16    by the City of Pontiac to create TIF I (the Main St TIF).
17        (81) If the ordinance was adopted on December 29, 1986
18    by the City of Pontiac to create TIF II (the Interstate
19    TIF).
20        (82) If the ordinance was adopted on November 6, 2002
21    by the City of Chicago to create the Madden/Wells TIF
22    District.
23        (83) If the ordinance was adopted on November 4, 1998
24    by the City of Chicago to create the Roosevelt/Racine TIF
25    District.
26        (84) If the ordinance was adopted on June 10, 1998 by

 

 

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1    the City of Chicago to create the Stony Island
2    Commercial/Burnside Industrial Corridors TIF District.
3        (85) If the ordinance was adopted on November 29, 1989
4    by the City of Chicago to create the Englewood Mall TIF
5    District.
6        (86) If the ordinance was adopted on December 27, 1986
7    by the City of Mendota.
8        (87) If the ordinance was adopted on December 31, 1986
9    by the Village of Cahokia.
10        (88) If the ordinance was adopted on September 20,
11    1999 by the City of Belleville.
12        (89) If the ordinance was adopted on December 30, 1986
13    by the Village of Bellevue to create the Bellevue TIF
14    District 1.
15        (90) If the ordinance was adopted on December 13, 1993
16    by the Village of Crete.
17        (91) If the ordinance was adopted on February 12, 2001
18    by the Village of Crete.
19        (92) If the ordinance was adopted on April 23, 2001 by
20    the Village of Crete.
21        (93) If the ordinance was adopted on December 16, 1986
22    by the City of Champaign.
23        (94) If the ordinance was adopted on December 20, 1986
24    by the City of Charleston.
25        (95) If the ordinance was adopted on June 6, 1989 by
26    the Village of Romeoville.

 

 

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1        (96) If the ordinance was adopted on October 14, 1993
2    and amended on August 2, 2010 by the City of Venice.
3        (97) If the ordinance was adopted on June 1, 1994 by
4    the City of Markham.
5        (98) If the ordinance was adopted on May 19, 1998 by
6    the Village of Bensenville.
7        (99) If the ordinance was adopted on November 12, 1987
8    by the City of Dixon.
9        (100) If the ordinance was adopted on December 20,
10    1988 by the Village of Lansing.
11        (101) If the ordinance was adopted on October 27, 1998
12    by the City of Moline.
13        (102) If the ordinance was adopted on May 21, 1991 by
14    the Village of Glenwood.
15        (103) If the ordinance was adopted on January 28, 1992
16    by the City of East Peoria.
17        (104) If the ordinance was adopted on December 14,
18    1998 by the City of Carlyle.
19        (105) If the ordinance was adopted on May 17, 2000, as
20    subsequently amended, by the City of Chicago to create the
21    Midwest Redevelopment TIF District.
22        (106) If the ordinance was adopted on September 13,
23    1989 by the City of Chicago to create the Michigan/Cermak
24    Area TIF District.
25        (107) If the ordinance was adopted on March 30, 1992
26    by the Village of Ohio.

 

 

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1        (108) If the ordinance was adopted on July 6, 1998 by
2    the Village of Orangeville.
3        (109) If the ordinance was adopted on December 16,
4    1997 by the Village of Germantown.
5        (110) If the ordinance was adopted on April 28, 2003
6    by Gibson City.
7        (111) If the ordinance was adopted on December 18,
8    1990 by the Village of Washington Park, but only after the
9    Village of Washington Park becomes compliant with the
10    reporting requirements under subsection (d) of Section
11    11-74.4-5, and after the State Comptroller's certification
12    of such compliance.
13        (112) If the ordinance was adopted on February 28,
14    2000 by the City of Harvey.
15        (113) If the ordinance was adopted on January 11, 1991
16    by the City of Chicago to create the Read/Dunning TIF
17    District.
18        (114) If the ordinance was adopted on July 24, 1991 by
19    the City of Chicago to create the Sanitary and Ship Canal
20    TIF District.
21        (115) If the ordinance was adopted on December 4, 2007
22    by the City of Naperville.
23        (116) If the ordinance was adopted on July 1, 2002 by
24    the Village of Arlington Heights.
25        (117) If the ordinance was adopted on February 11,
26    1991 by the Village of Machesney Park.

 

 

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1        (118) If the ordinance was adopted on December 29,
2    1993 by the City of Ottawa.
3        (119) If the ordinance was adopted on June 4, 1991 by
4    the Village of Lansing.
5        (120) If the ordinance was adopted on February 10,
6    2004 by the Village of Fox Lake.
7        (121) If the ordinance was adopted on December 22,
8    1992 by the City of Fairfield.
9        (122) If the ordinance was adopted on February 10,
10    1992 by the City of Mt. Sterling.
11        (123) If the ordinance was adopted on March 15, 2004
12    by the City of Batavia.
13        (124) If the ordinance was adopted on March 18, 2002
14    by the Village of Lake Zurich.
15        (125) If the ordinance was adopted on September 23,
16    1997 by the City of Granite City.
17        (126) If the ordinance was adopted on May 8, 2013 by
18    the Village of Rosemont to create the Higgins Road/River
19    Road TIF District No. 6.
20        (127) If the ordinance was adopted on November 22,
21    1993 by the City of Arcola.
22        (128) If the ordinance was adopted on September 7,
23    2004 by the City of Arcola.
24        (129) If the ordinance was adopted on November 29,
25    1999 by the City of Paris.
26        (130) If the ordinance was adopted on September 20,

 

 

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1    1994 by the City of Ottawa to create the U.S. Route 6 East
2    Ottawa TIF.
3        (131) If the ordinance was adopted on May 2, 2002 by
4    the Village of Crestwood.
5        (132) If the ordinance was adopted on October 27, 1992
6    by the City of Blue Island.
7        (133) If the ordinance was adopted on December 23,
8    1993 by the City of Lacon.
9        (134) If the ordinance was adopted on May 4, 1998 by
10    the Village of Bradford.
11        (135) If the ordinance was adopted on June 11, 2002 by
12    the City of Oak Forest.
13        (136) If the ordinance was adopted on November 16,
14    1992 by the City of Pinckneyville.
15        (137) If the ordinance was adopted on March 1, 2001 by
16    the Village of South Jacksonville.
17        (138) If the ordinance was adopted on February 26,
18    1992 by the City of Chicago to create the Stockyards
19    Southeast Quadrant TIF District.
20        (139) If the ordinance was adopted on January 25, 1993
21    by the City of LaSalle.
22        (140) If the ordinance was adopted on December 23,
23    1997 by the Village of Dieterich.
24        (141) If the ordinance was adopted on February 10,
25    2016 by the Village of Rosemont to create the
26    Balmoral/Pearl TIF No. 8 Tax Increment Financing

 

 

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1    Redevelopment Project Area.
2        (142) If the ordinance was adopted on June 11, 2002 by
3    the City of Oak Forest.
4        (143) If the ordinance was adopted on January 31, 1995
5    by the Village of Milledgeville.
6        (144) If the ordinance was adopted on February 5, 1996
7    by the Village of Pearl City.
8        (145) If the ordinance was adopted on December 21,
9    1994 by the City of Calumet City.
10        (146) If the ordinance was adopted on May 5, 2003 by
11    the Town of Normal.
12        (147) If the ordinance was adopted on June 2, 1998 by
13    the City of Litchfield.
14        (148) If the ordinance was adopted on October 23, 1995
15    by the City of Marion.
16        (149) If the ordinance was adopted on May 24, 2001 by
17    the Village of Hanover Park.
18        (150) If the ordinance was adopted on May 30, 1995 by
19    the Village of Dalzell.
20        (151) If the ordinance was adopted on April 15, 1997
21    by the City of Edwardsville.
22        (152) If the ordinance was adopted on September 5,
23    1995 by the City of Granite City.
24        (153) If the ordinance was adopted on June 21, 1999 by
25    the Village of Table Grove.
26        (154) If the ordinance was adopted on February 23,

 

 

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1    1995 by the City of Springfield.
2        (155) If the ordinance was adopted on August 11, 1999
3    by the City of Monmouth.
4        (156) If the ordinance was adopted on December 26,
5    1995 by the Village of Posen.
6        (157) If the ordinance was adopted on July 1, 1995 by
7    the Village of Caseyville.
8        (158) If the ordinance was adopted on January 30, 1996
9    by the City of Madison.
10        (159) If the ordinance was adopted on February 2, 1996
11    by the Village of Hartford.
12        (160) If the ordinance was adopted on July 2, 1996 by
13    the Village of Manlius.
14        (161) If the ordinance was adopted on March 21, 2000
15    by the City of Hoopeston.
16        (162) If the ordinance was adopted on March 22, 2005
17    by the City of Hoopeston.
18        (163) If the ordinance was adopted on July 10, 1996 by
19    the City of Chicago to create the Goose Island TIF
20    District.
21        (164) If the ordinance was adopted on December 11,
22    1996 by the City of Chicago to create the Bryn
23    Mawr/Broadway TIF District.
24        (165) If the ordinance was adopted on December 31,
25    1995 by the City of Chicago to create the 95th/Western TIF
26    District.

 

 

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1        (166) If the ordinance was adopted on October 7, 1998
2    by the City of Chicago to create the 71st and Stony Island
3    TIF District.
4        (167) If the ordinance was adopted on April 19, 1995
5    by the Village of North Utica.
6        (168) If the ordinance was adopted on April 22, 1996
7    by the City of LaSalle.
8        (169) If the ordinance was adopted on June 9, 2008 by
9    the City of Country Club Hills.
10        (170) If the ordinance was adopted on July 3, 1996 by
11    the Village of Phoenix.
12        (171) If the ordinance was adopted on May 19, 1997 by
13    the Village of Swansea.
14        (172) If the ordinance was adopted on August 13, 2001
15    by the Village of Saunemin.
16        (173) If the ordinance was adopted on January 10, 2005
17    by the Village of Romeoville.
18        (174) If the ordinance was adopted on January 28, 1997
19    by the City of Berwyn for the South Berwyn Corridor Tax
20    Increment Financing District.
21        (175) If the ordinance was adopted on January 28, 1997
22    by the City of Berwyn for the Roosevelt Road Tax Increment
23    Financing District.
24        (176) If the ordinance was adopted on May 3, 2001 by
25    the Village of Hanover Park for the Village Center Tax
26    Increment Financing Redevelopment Project Area (TIF # 3).

 

 

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1        (177) If the ordinance was adopted on January 1, 1996
2    by the City of Savanna.
3        (178) If the ordinance was adopted on January 28, 2002
4    by the Village of Okawville.
5        (179) If the ordinance was adopted on October 4, 1999
6    by the City of Vandalia.
7        (180) If the ordinance was adopted on June 16, 2003 by
8    the City of Rushville.
9        (181) If the ordinance was adopted on December 7, 1998
10    by the City of Quincy for the Central Business District
11    West Tax Increment Redevelopment Project Area.
12        (182) If the ordinance was adopted on March 27, 1997
13    by the Village of Maywood approving the Roosevelt Road TIF
14    District.
15        (183) If the ordinance was adopted on March 27, 1997
16    by the Village of Maywood approving the Madison
17    Street/Fifth Avenue TIF District.
18        (184) If the ordinance was adopted on November 10,
19    1997 by the Village of Park Forest.
20        (185) If the ordinance was adopted on July 30, 1997 by
21    the City of Chicago to create the Near North TIF district.
22        (186) If the ordinance was adopted on December 1, 2000
23    by the Village of Mahomet.
24        (187) If the ordinance was adopted on June 16, 1999 by
25    the Village of Washburn.
26        (188) If the ordinance was adopted on August 19, 1998

 

 

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1    by the Village of New Berlin.
2        (189) If the ordinance was adopted on February 5, 2002
3    by the City of Highwood.
4        (190) If the ordinance was adopted on June 1, 1997 by
5    the City of Flora.
6        (191) If the ordinance was adopted on November 21,
7    2000 by the City of Effingham.
8        (192) If the ordinance was adopted on January 28, 2003
9    by the City of Effingham.
10        (193) If the ordinance was adopted on February 4, 2008
11    by the City of Polo.
12        (194) If the ordinance was adopted on August 17, 2005
13    by the Village of Bellwood to create the Park Place TIF.
14        (195) If the ordinance was adopted on July 16, 2014 by
15    the Village of Bellwood to create the North-2014 TIF.
16        (196) If the ordinance was adopted on July 16, 2014 by
17    the Village of Bellwood to create the South-2014 TIF.
18        (197) If the ordinance was adopted on July 16, 2014 by
19    the Village of Bellwood to create the Central Metro-2014
20    TIF.
21        (198) If the ordinance was adopted on September 17,
22    2014 by the Village of Bellwood to create the Addison
23    Creek "A" (Southwest)-2014 TIF.
24        (199) If the ordinance was adopted on September 17,
25    2014 by the Village of Bellwood to create the Addison
26    Creek "B" (Northwest)-2014 TIF.

 

 

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1        (200) If the ordinance was adopted on September 17,
2    2014 by the Village of Bellwood to create the Addison
3    Creek "C" (Northeast)-2014 TIF.
4        (201) If the ordinance was adopted on September 17,
5    2014 by the Village of Bellwood to create the Addison
6    Creek "D" (Southeast)-2014 TIF.
7        (202) If the ordinance was adopted on June 26, 2007 by
8    the City of Peoria.
9        (203) If the ordinance was adopted on October 28, 2008
10    by the City of Peoria.
11        (204) If the ordinance was adopted on April 4, 2000 by
12    the City of Joliet to create the Joliet City Center TIF
13    District.
14        (205) If the ordinance was adopted on July 8, 1998 by
15    the City of Chicago to create the 43rd/Cottage Grove TIF
16    district.
17        (206) If the ordinance was adopted on July 8, 1998 by
18    the City of Chicago to create the 79th Street Corridor TIF
19    district.
20        (207) If the ordinance was adopted on November 4, 1998
21    by the City of Chicago to create the Bronzeville TIF
22    district.
23        (208) If the ordinance was adopted on February 5, 1998
24    by the City of Chicago to create the Homan/Arthington TIF
25    district.
26        (209) If the ordinance was adopted on December 8, 1998

 

 

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1    by the Village of Plainfield.
2    (d) For redevelopment project areas for which bonds were
3issued before July 29, 1991, or for which contracts were
4entered into before June 1, 1988, in connection with a
5redevelopment project in the area within the State Sales Tax
6Boundary, the estimated dates of completion of the
7redevelopment project and retirement of obligations to finance
8redevelopment project costs (including refunding bonds under
9Section 11-74.4-7) may be extended by municipal ordinance to
10December 31, 2013. The termination procedures of subsection
11(b) of Section 11-74.4-8 are not required for these
12redevelopment project areas in 2009 but are required in 2013.
13The extension allowed by Public Act 87-1272 shall not apply to
14real property tax increment allocation financing under Section
1511-74.4-8.
16    (e) Those dates, for purposes of real property tax
17increment allocation financing pursuant to Section 11-74.4-8
18only, shall be not more than 35 years for redevelopment
19project areas that were adopted on or after December 16, 1986
20and for which at least $8 million worth of municipal bonds were
21authorized on or after December 19, 1989 but before January 1,
221990; provided that the municipality elects to extend the life
23of the redevelopment project area to 35 years by the adoption
24of an ordinance after at least 14 but not more than 30 days'
25written notice to the taxing bodies, that would otherwise
26constitute the joint review board for the redevelopment

 

 

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1project area, before the adoption of the ordinance.
2    (f) Those dates, for purposes of real property tax
3increment allocation financing pursuant to Section 11-74.4-8
4only, shall be not more than 35 years for redevelopment
5project areas that were established on or after December 1,
61981 but before January 1, 1982 and for which at least
7$1,500,000 worth of tax increment revenue bonds were
8authorized on or after September 30, 1990 but before July 1,
91991; provided that the municipality elects to extend the life
10of the redevelopment project area to 35 years by the adoption
11of an ordinance after at least 14 but not more than 30 days'
12written notice to the taxing bodies, that would otherwise
13constitute the joint review board for the redevelopment
14project area, before the adoption of the ordinance.
15    (f-1) (Blank). Those dates, for purposes of real property
16tax increment allocation financing pursuant to Section
1711-74.4-8 only, shall be not more than 47 years for the
18redevelopment project area that was established on December
1931, 1986 by the Village of Cahokia if: (i) the Village of
20Cahokia adopts an ordinance extending the life of the
21redevelopment project area to 47 years; and (ii) the Village
22of Cahokia provides notice to the taxing bodies that would
23otherwise constitute the joint review board for the
24redevelopment project area not more than 30 and not less than
2514 days prior to the adoption of that ordinance.
26    (f-2) (Blank). Those dates, for purposes of real property

 

 

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1tax increment allocation financing pursuant to Section
211-74.4-8 only, shall be not more than 47 years for the
3redevelopment project area that was established on December
420, 1986 by the City of Charleston; provided that (i) the City
5of Charleston adopts an ordinance extending the life of the
6redevelopment project area to 47 years and (ii) the City of
7Charleston provides notice to the taxing bodies that would
8otherwise constitute the joint review board for the
9redevelopment project area not more than 30 and not less than
1014 days prior to the adoption of that ordinance.
11    (f-5) Those dates, for purposes of real property tax
12increment allocation financing pursuant to Section 11-74.4-8
13only, shall be not more than 47 years for redevelopment
14project areas listed in this subsection that were established
15on December 29, 1981 by the City of Springfield; provided that
16(i) the municipality City of Springfield adopts an ordinance
17extending the life of the redevelopment project area to 47
18years and (ii) the municipality City of Springfield provides
19notice to the taxing bodies that would otherwise constitute
20the joint review board for the redevelopment project area not
21more than 30 and not less than 14 days prior to the adoption of
22that ordinance: .
23        (1) If the redevelopment project area was established
24    on December 29, 1981 by the City of Springfield.
25        (2) If the redevelopment project area was established
26    on December 31, 1986 by the Village of Cahokia.

 

 

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1        (3) If the redevelopment project area was established
2    on December 20, 1986 by the City of Charleston.
3        (4) If the redevelopment project area was established
4    on December 23, 1986 by the City of Beardstown.
5        (5) If the redevelopment project area was established
6    on December 23, 1986 by the Town of Cicero.
7        (6) If the redevelopment project area was established
8    on December 29, 1986 by the City of East St. Louis.
9        (7) If the redevelopment project area was established
10    on January 23, 1991 by the City of East St. Louis.
11        (8) If the redevelopment project area was established
12    on December 29, 1986 by the Village of Gardner.
13        (9) If the redevelopment project area was established
14    on June 11, 2002 by the City of East Peoria to create the
15    West Washington Street TIF.
16    (g) In consolidating the material relating to completion
17dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
18it is not the intent of the General Assembly to make any
19substantive change in the law, except for the extension of the
20completion dates for the City of Aurora, the Village of Milan,
21the City of West Frankfort, the Village of Libertyville, and
22the Village of Hoffman Estates set forth under items (67),
23(68), (69), (70), and (71) of subsection (c) of this Section.
24(Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
25100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff.
266-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18;

 

 

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1100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff.
28-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18;
3100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff.
48-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18;
5101-274, eff. 8-9-19; 101-618, eff. 12-20-19; 101-647, eff.
66-26-20; 101-662, eff. 4-2-21.)
 
7    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
8    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
9project areas. The changes made by this amendatory Act of the
1091st General Assembly do not apply to a municipality that, (i)
11before the effective date of this amendatory Act of the 91st
12General Assembly, has adopted an ordinance or resolution
13fixing a time and place for a public hearing under Section
1411-74.4-5 or (ii) before July 1, 1999, has adopted an
15ordinance or resolution providing for a feasibility study
16under Section 11-74.4-4.1, but has not yet adopted an
17ordinance approving redevelopment plans and redevelopment
18projects or designating redevelopment project areas under this
19Section, until after that municipality adopts an ordinance
20approving redevelopment plans and redevelopment projects or
21designating redevelopment project areas under this Section;
22thereafter the changes made by this amendatory Act of the 91st
23General Assembly apply to the same extent that they apply to
24redevelopment plans and redevelopment projects that were
25approved and redevelopment projects that were designated

 

 

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1before the effective date of this amendatory Act of the 91st
2General Assembly.
3    A municipality may:
4        (a) By ordinance introduced in the governing body of
5    the municipality within 14 to 90 days from the completion
6    of the hearing specified in Section 11-74.4-5 approve
7    redevelopment plans and redevelopment projects, and
8    designate redevelopment project areas pursuant to notice
9    and hearing required by this Act. No redevelopment project
10    area shall be designated unless a plan and project are
11    approved prior to the designation of such area and such
12    area shall include only those contiguous parcels of real
13    property and improvements thereon substantially benefited
14    by the proposed redevelopment project improvements. Upon
15    adoption of the ordinances, the municipality shall
16    forthwith transmit to the county clerk of the county or
17    counties within which the redevelopment project area is
18    located a certified copy of the ordinances, a legal
19    description of the redevelopment project area, a map of
20    the redevelopment project area, identification of the year
21    that the county clerk shall use for determining the total
22    initial equalized assessed value of the redevelopment
23    project area consistent with subsection (a) of Section
24    11-74.4-9, and a list of the parcel or tax identification
25    number of each parcel of property included in the
26    redevelopment project area.

 

 

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1        (b) Make and enter into all contracts with property
2    owners, developers, tenants, overlapping taxing bodies,
3    and others necessary or incidental to the implementation
4    and furtherance of its redevelopment plan and project.
5    Contract provisions concerning loan repayment obligations
6    in contracts entered into on or after the effective date
7    of this amendatory Act of the 93rd General Assembly shall
8    terminate no later than the last to occur of the estimated
9    dates of completion of the redevelopment project and
10    retirement of the obligations issued to finance
11    redevelopment project costs as required by item (3) of
12    subsection (n) of Section 11-74.4-3. Payments received
13    under contracts entered into by the municipality prior to
14    the effective date of this amendatory Act of the 93rd
15    General Assembly that are received after the redevelopment
16    project area has been terminated by municipal ordinance
17    shall be deposited into a special fund of the municipality
18    to be used for other community redevelopment needs within
19    the redevelopment project area.
20        (c) Within a redevelopment project area, acquire by
21    purchase, donation, lease or eminent domain; own, convey,
22    lease, mortgage or dispose of land and other property,
23    real or personal, or rights or interests therein, and
24    grant or acquire licenses, easements and options with
25    respect thereto, all in the manner and at such price the
26    municipality determines is reasonably necessary to achieve

 

 

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1    the objectives of the redevelopment plan and project. No
2    conveyance, lease, mortgage, disposition of land or other
3    property owned by a municipality, or agreement relating to
4    the development of such municipal property shall be made
5    except upon the adoption of an ordinance by the corporate
6    authorities of the municipality. Furthermore, no
7    conveyance, lease, mortgage, or other disposition of land
8    owned by a municipality or agreement relating to the
9    development of such municipal property shall be made
10    without making public disclosure of the terms of the
11    disposition and all bids and proposals made in response to
12    the municipality's request. The procedures for obtaining
13    such bids and proposals shall provide reasonable
14    opportunity for any person to submit alternative proposals
15    or bids.
16        (d) Within a redevelopment project area, clear any
17    area by demolition or removal of any existing buildings
18    and structures.
19        (e) Within a redevelopment project area, renovate or
20    rehabilitate or construct any structure or building, as
21    permitted under this Act.
22        (f) Install, repair, construct, reconstruct or
23    relocate streets, utilities and site improvements
24    essential to the preparation of the redevelopment area for
25    use in accordance with a redevelopment plan.
26        (g) Within a redevelopment project area, fix, charge

 

 

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1    and collect fees, rents and charges for the use of any
2    building or property owned or leased by it or any part
3    thereof, or facility therein.
4        (h) Accept grants, guarantees and donations of
5    property, labor, or other things of value from a public or
6    private source for use within a project redevelopment
7    area.
8        (i) Acquire and construct public facilities within a
9    redevelopment project area, as permitted under this Act.
10        (j) Incur project redevelopment costs and reimburse
11    developers who incur redevelopment project costs
12    authorized by a redevelopment agreement; provided,
13    however, that on and after the effective date of this
14    amendatory Act of the 91st General Assembly, no
15    municipality shall incur redevelopment project costs
16    (except for planning costs and any other eligible costs
17    authorized by municipal ordinance or resolution that are
18    subsequently included in the redevelopment plan for the
19    area and are incurred by the municipality after the
20    ordinance or resolution is adopted) that are not
21    consistent with the program for accomplishing the
22    objectives of the redevelopment plan as included in that
23    plan and approved by the municipality until the
24    municipality has amended the redevelopment plan as
25    provided elsewhere in this Act.
26        (k) Create a commission of not less than 5 or more than

 

 

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1    15 persons to be appointed by the mayor or president of the
2    municipality with the consent of the majority of the
3    governing board of the municipality. Members of a
4    commission appointed after the effective date of this
5    amendatory Act of 1987 shall be appointed for initial
6    terms of 1, 2, 3, 4 and 5 years, respectively, in such
7    numbers as to provide that the terms of not more than 1/3
8    of all such members shall expire in any one year. Their
9    successors shall be appointed for a term of 5 years. The
10    commission, subject to approval of the corporate
11    authorities may exercise the powers enumerated in this
12    Section. The commission shall also have the power to hold
13    the public hearings required by this division and make
14    recommendations to the corporate authorities concerning
15    the adoption of redevelopment plans, redevelopment
16    projects and designation of redevelopment project areas.
17        (l) Make payment in lieu of taxes or a portion thereof
18    to taxing districts. If payments in lieu of taxes or a
19    portion thereof are made to taxing districts, those
20    payments shall be made to all districts within a project
21    redevelopment area on a basis which is proportional to the
22    current collections of revenue which each taxing district
23    receives from real property in the redevelopment project
24    area.
25        (m) Exercise any and all other powers necessary to
26    effectuate the purposes of this Act.

 

 

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1        (n) If any member of the corporate authority, a member
2    of a commission established pursuant to Section
3    11-74.4-4(k) of this Act, or an employee or consultant of
4    the municipality involved in the planning and preparation
5    of a redevelopment plan, or project for a redevelopment
6    project area or proposed redevelopment project area, as
7    defined in Sections 11-74.4-3(i) through (k) of this Act,
8    owns or controls an interest, direct or indirect, in any
9    property included in any redevelopment area, or proposed
10    redevelopment area, he or she shall disclose the same in
11    writing to the clerk of the municipality, and shall also
12    so disclose the dates and terms and conditions of any
13    disposition of any such interest, which disclosures shall
14    be acknowledged by the corporate authorities and entered
15    upon the minute books of the corporate authorities. If an
16    individual holds such an interest then that individual
17    shall refrain from any further official involvement in
18    regard to such redevelopment plan, project or area, from
19    voting on any matter pertaining to such redevelopment
20    plan, project or area, or communicating with other members
21    concerning corporate authorities, commission or employees
22    concerning any matter pertaining to said redevelopment
23    plan, project or area. Furthermore, no such member or
24    employee shall acquire of any interest direct, or
25    indirect, in any property in a redevelopment area or
26    proposed redevelopment area after either (a) such

 

 

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1    individual obtains knowledge of such plan, project or area
2    or (b) first public notice of such plan, project or area
3    pursuant to Section 11-74.4-6 of this Division, whichever
4    occurs first. For the purposes of this subsection, a
5    property interest acquired in a single parcel of property
6    by a member of the corporate authority, which property is
7    used exclusively as the member's primary residence, shall
8    not be deemed to constitute an interest in any property
9    included in a redevelopment area or proposed redevelopment
10    area that was established before December 31, 1989, but
11    the member must disclose the acquisition to the municipal
12    clerk under the provisions of this subsection. A single
13    property interest acquired within one year after the
14    effective date of this amendatory Act of the 94th General
15    Assembly or 2 years after the effective date of this
16    amendatory Act of the 95th General Assembly by a member of
17    the corporate authority does not constitute an interest in
18    any property included in any redevelopment area or
19    proposed redevelopment area, regardless of when the
20    redevelopment area was established, if (i) the property is
21    used exclusively as the member's primary residence, (ii)
22    the member discloses the acquisition to the municipal
23    clerk under the provisions of this subsection, (iii) the
24    acquisition is for fair market value, (iv) the member
25    acquires the property as a result of the property being
26    publicly advertised for sale, and (v) the member refrains

 

 

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1    from voting on, and communicating with other members
2    concerning, any matter when the benefits to the
3    redevelopment project or area would be significantly
4    greater than the benefits to the municipality as a whole.
5    For the purposes of this subsection, a month-to-month
6    leasehold interest in a single parcel of property by a
7    member of the corporate authority shall not be deemed to
8    constitute an interest in any property included in any
9    redevelopment area or proposed redevelopment area, but the
10    member must disclose the interest to the municipal clerk
11    under the provisions of this subsection.
12        (o) Create a Tax Increment Economic Development
13    Advisory Committee to be appointed by the Mayor or
14    President of the municipality with the consent of the
15    majority of the governing board of the municipality, the
16    members of which Committee shall be appointed for initial
17    terms of 1, 2, 3, 4 and 5 years respectively, in such
18    numbers as to provide that the terms of not more than 1/3
19    of all such members shall expire in any one year. Their
20    successors shall be appointed for a term of 5 years. The
21    Committee shall have none of the powers enumerated in this
22    Section. The Committee shall serve in an advisory capacity
23    only. The Committee may advise the governing Board of the
24    municipality and other municipal officials regarding
25    development issues and opportunities within the
26    redevelopment project area or the area within the State

 

 

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1    Sales Tax Boundary. The Committee may also promote and
2    publicize development opportunities in the redevelopment
3    project area or the area within the State Sales Tax
4    Boundary.
5        (p) Municipalities may jointly undertake and perform
6    redevelopment plans and projects and utilize the
7    provisions of the Act wherever they have contiguous
8    redevelopment project areas or they determine to adopt tax
9    increment financing with respect to a redevelopment
10    project area which includes contiguous real property
11    within the boundaries of the municipalities, and in doing
12    so, they may, by agreement between municipalities, issue
13    obligations, separately or jointly, and expend revenues
14    received under the Act for eligible expenses anywhere
15    within contiguous redevelopment project areas or as
16    otherwise permitted in the Act. With respect to
17    redevelopment project areas that are established within a
18    transit facility improvement area, the provisions of this
19    subsection apply only with respect to such redevelopment
20    project areas that are contiguous to each other.
21        (q) Utilize revenues, other than State sales tax
22    increment revenues, received under this Act from one
23    redevelopment project area for eligible costs in another
24    redevelopment project area that is:
25            (i) contiguous to the redevelopment project area
26        from which the revenues are received;

 

 

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1            (ii) separated only by a public right of way from
2        the redevelopment project area from which the revenues
3        are received; or
4            (iii) separated only by forest preserve property
5        from the redevelopment project area from which the
6        revenues are received if the closest boundaries of the
7        redevelopment project areas that are separated by the
8        forest preserve property are less than one mile apart.
9        Utilize tax increment revenues for eligible costs that
10    are received from a redevelopment project area created
11    under the Industrial Jobs Recovery Law that is either
12    contiguous to, or is separated only by a public right of
13    way from, the redevelopment project area created under
14    this Act which initially receives these revenues. Utilize
15    revenues, other than State sales tax increment revenues,
16    by transferring or loaning such revenues to a
17    redevelopment project area created under the Industrial
18    Jobs Recovery Law that is either contiguous to, or
19    separated only by a public right of way from the
20    redevelopment project area that initially produced and
21    received those revenues; and, if the redevelopment project
22    area (i) was established before the effective date of this
23    amendatory Act of the 91st General Assembly and (ii) is
24    located within a municipality with a population of more
25    than 100,000, utilize revenues or proceeds of obligations
26    authorized by Section 11-74.4-7 of this Act, other than

 

 

SB1822 Enrolled- 97 -LRB102 15348 AWJ 20708 b

1    use or occupation tax revenues, to pay for any
2    redevelopment project costs as defined by subsection (q)
3    of Section 11-74.4-3 to the extent that the redevelopment
4    project costs involve public property that is either
5    contiguous to, or separated only by a public right of way
6    from, a redevelopment project area whether or not
7    redevelopment project costs or the source of payment for
8    the costs are specifically set forth in the redevelopment
9    plan for the redevelopment project area.
10        (r) If no redevelopment project has been initiated in
11    a redevelopment project area within 7 years after the area
12    was designated by ordinance under subsection (a), the
13    municipality shall adopt an ordinance repealing the area's
14    designation as a redevelopment project area; provided,
15    however, that if an area received its designation more
16    than 3 years before the effective date of this amendatory
17    Act of 1994 and no redevelopment project has been
18    initiated within 4 years after the effective date of this
19    amendatory Act of 1994, the municipality shall adopt an
20    ordinance repealing its designation as a redevelopment
21    project area. Initiation of a redevelopment project shall
22    be evidenced by either a signed redevelopment agreement or
23    expenditures on eligible redevelopment project costs
24    associated with a redevelopment project.
25        Notwithstanding any other provision of this Section to
26    the contrary, with respect to a redevelopment project area

 

 

SB1822 Enrolled- 98 -LRB102 15348 AWJ 20708 b

1    designated by an ordinance that was adopted on July 29,
2    1998 by the City of Chicago, the City of Chicago shall
3    adopt an ordinance repealing the area's designation as a
4    redevelopment project area if no redevelopment project has
5    been initiated in the redevelopment project area within 15
6    years after the designation of the area. The City of
7    Chicago may retroactively repeal any ordinance adopted by
8    the City of Chicago, pursuant to this subsection (r), that
9    repealed the designation of a redevelopment project area
10    designated by an ordinance that was adopted by the City of
11    Chicago on July 29, 1998. The City of Chicago has 90 days
12    after the effective date of this amendatory Act to repeal
13    the ordinance. The changes to this Section made by this
14    amendatory Act of the 96th General Assembly apply
15    retroactively to July 27, 2005.
16        (s) The various powers and duties described in this
17    Section that apply to a redevelopment project area shall
18    also apply to a transit facility improvement area
19    established prior to, on, or after the effective date of
20    this amendatory Act of the 102nd General Assembly.
21(Source: P.A. 99-792, eff. 8-12-16.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.