94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4852

 

Introduced 01/19/06, by Rep. Harry Osterman

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-74.4-3   from Ch. 24, par. 11-74.4-3

    Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that, after July 1, 2006, the term "redevelopment costs" includes costs associated with lead-abatement activities for property that is contiguous to, but not included within, the redevelopment project area if those lead-abatement activites further the purpose of the redevelopment project. Effective July 1, 2006.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-74.4-3 as follows:
 
6     (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
7     (Text of Section after amendment by P.A. 94-702 and 94-711)
8     Sec. 11-74.4-3. Definitions. The following terms, wherever
9 used or referred to in this Division 74.4 shall have the
10 following respective meanings, unless in any case a different
11 meaning clearly appears from the context.
12     (a) For any redevelopment project area that has been
13 designated pursuant to this Section by an ordinance adopted
14 prior to November 1, 1999 (the effective date of Public Act
15 91-478), "blighted area" shall have the meaning set forth in
16 this Section prior to that date.
17     On and after November 1, 1999, "blighted area" means any
18 improved or vacant area within the boundaries of a
19 redevelopment project area located within the territorial
20 limits 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
24     combination of 5 or more of the following factors, each of
25     which is (i) present, with that presence documented, to a
26     meaningful extent so that a municipality may reasonably
27     find that the factor is clearly present within the intent
28     of the Act and (ii) reasonably distributed throughout the
29     improved part of the redevelopment project area:
30             (A) Dilapidation. An advanced state of disrepair
31         or neglect of necessary repairs to the primary
32         structural components of buildings or improvements in

 

 

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1         such a combination that a documented building
2         condition analysis determines that major repair is
3         required or the defects are so serious and so extensive
4         that the buildings must be removed.
5             (B) Obsolescence. The condition or process of
6         falling into disuse. Structures have become ill-suited
7         for the original use.
8             (C) Deterioration. With respect to buildings,
9         defects including, but not limited to, major defects in
10         the secondary building components such as doors,
11         windows, porches, gutters and downspouts, and fascia.
12         With respect to surface improvements, that the
13         condition of roadways, alleys, curbs, gutters,
14         sidewalks, off-street parking, and surface storage
15         areas evidence deterioration, including, but not
16         limited to, surface cracking, crumbling, potholes,
17         depressions, loose paving material, and weeds
18         protruding through paved surfaces.
19             (D) Presence of structures below minimum code
20         standards. All structures that do not meet the
21         standards of zoning, subdivision, building, fire, and
22         other governmental codes applicable to property, but
23         not including housing and property maintenance codes.
24             (E) Illegal use of individual structures. The use
25         of structures in violation of applicable federal,
26         State, or local laws, exclusive of those applicable to
27         the presence of structures below minimum code
28         standards.
29             (F) Excessive vacancies. The presence of buildings
30         that are unoccupied or under-utilized and that
31         represent an adverse influence on the area because of
32         the frequency, extent, or duration of the vacancies.
33             (G) Lack of ventilation, light, or sanitary
34         facilities. The absence of adequate ventilation for
35         light or air circulation in spaces or rooms without
36         windows, or that require the removal of dust, odor,

 

 

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1         gas, smoke, or other noxious airborne materials.
2         Inadequate natural light and ventilation means the
3         absence of skylights or windows for interior spaces or
4         rooms and improper window sizes and amounts by room
5         area to window area ratios. Inadequate sanitary
6         facilities refers to the absence or inadequacy of
7         garbage storage and enclosure, bathroom facilities,
8         hot water and kitchens, and structural inadequacies
9         preventing ingress and egress to and from all rooms and
10         units within a building.
11             (H) Inadequate utilities. Underground and overhead
12         utilities such as storm sewers and storm drainage,
13         sanitary sewers, water lines, and gas, telephone, and
14         electrical services that are shown to be inadequate.
15         Inadequate utilities are those that are: (i) of
16         insufficient capacity to serve the uses in the
17         redevelopment project area, (ii) deteriorated,
18         antiquated, obsolete, or in disrepair, or (iii)
19         lacking within the redevelopment project area.
20             (I) Excessive land coverage and overcrowding of
21         structures and community facilities. The
22         over-intensive use of property and the crowding of
23         buildings and accessory facilities onto a site.
24         Examples of problem conditions warranting the
25         designation of an area as one exhibiting excessive land
26         coverage are: (i) the presence of buildings either
27         improperly situated on parcels or located on parcels of
28         inadequate size and shape in relation to present-day
29         standards of development for health and safety and (ii)
30         the presence of multiple buildings on a single parcel.
31         For there to be a finding of excessive land coverage,
32         these parcels must exhibit one or more of the following
33         conditions: insufficient provision for light and air
34         within or around buildings, increased threat of spread
35         of fire due to the close proximity of buildings, lack
36         of adequate or proper access to a public right-of-way,

 

 

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1         lack of reasonably required off-street parking, or
2         inadequate provision for loading and service.
3             (J) Deleterious land use or layout. The existence
4         of incompatible land-use relationships, buildings
5         occupied by inappropriate mixed-uses, or uses
6         considered to be noxious, offensive, or unsuitable for
7         the surrounding area.
8             (K) Environmental clean-up. The proposed
9         redevelopment project area has incurred Illinois
10         Environmental Protection Agency or United States
11         Environmental Protection Agency remediation costs for,
12         or a study conducted by an independent consultant
13         recognized as having expertise in environmental
14         remediation has determined a need for, the clean-up of
15         hazardous waste, hazardous substances, or underground
16         storage tanks required by State or federal law,
17         provided that the remediation costs constitute a
18         material impediment to the development or
19         redevelopment of the redevelopment project area.
20             (L) Lack of community planning. The proposed
21         redevelopment project area was developed prior to or
22         without the benefit or guidance of a community plan.
23         This means that the development occurred prior to the
24         adoption by the municipality of a comprehensive or
25         other community plan or that the plan was not followed
26         at the time of the area's development. This factor must
27         be documented by evidence of adverse or incompatible
28         land-use relationships, inadequate street layout,
29         improper subdivision, parcels of inadequate shape and
30         size to meet contemporary development standards, or
31         other evidence demonstrating an absence of effective
32         community planning.
33             (M) The total equalized assessed value of the
34         proposed redevelopment project area has declined for 3
35         of the last 5 calendar years prior to the year in which
36         the redevelopment project area is designated or is

 

 

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1         increasing at an annual rate that is less than the
2         balance of the municipality for 3 of the last 5
3         calendar years for which information is available or is
4         increasing at an annual rate that is less than the
5         Consumer Price Index for All Urban Consumers published
6         by the United States Department of Labor or successor
7         agency for 3 of the last 5 calendar years prior to the
8         year in which the redevelopment project area is
9         designated.
10         (2) If vacant, the sound growth of the redevelopment
11     project area is impaired by a combination of 2 or more of
12     the following factors, each of which is (i) present, with
13     that presence documented, to a meaningful extent so that a
14     municipality may reasonably find that the factor is clearly
15     present within the intent of the Act and (ii) reasonably
16     distributed throughout the vacant part of the
17     redevelopment project area to which it pertains:
18             (A) Obsolete platting of vacant land that results
19         in parcels of limited or narrow size or configurations
20         of parcels of irregular size or shape that would be
21         difficult to develop on a planned basis and in a manner
22         compatible with contemporary standards and
23         requirements, or platting that failed to create
24         rights-of-ways for streets or alleys or that created
25         inadequate right-of-way widths for streets, alleys, or
26         other public rights-of-way or that omitted easements
27         for public utilities.
28             (B) Diversity of ownership of parcels of vacant
29         land sufficient in number to retard or impede the
30         ability to assemble the land for development.
31             (C) Tax and special assessment delinquencies exist
32         or the property has been the subject of tax sales under
33         the Property Tax Code within the last 5 years.
34             (D) Deterioration of structures or site
35         improvements in neighboring areas adjacent to the
36         vacant land.

 

 

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1             (E) The area has incurred Illinois Environmental
2         Protection Agency or United States Environmental
3         Protection Agency remediation costs for, or a study
4         conducted by an independent consultant recognized as
5         having expertise in environmental remediation has
6         determined a need for, the clean-up of hazardous waste,
7         hazardous substances, or underground storage tanks
8         required by State or federal law, provided that the
9         remediation costs constitute a material impediment to
10         the development or redevelopment of the redevelopment
11         project area.
12             (F) The total equalized assessed value of the
13         proposed redevelopment project area has declined for 3
14         of the last 5 calendar years prior to the year in which
15         the redevelopment project area is designated or is
16         increasing at an annual rate that is less than the
17         balance of the municipality for 3 of the last 5
18         calendar years for which information is available or is
19         increasing at an annual rate that is less than the
20         Consumer Price Index for All Urban Consumers published
21         by the United States Department of Labor or successor
22         agency for 3 of the last 5 calendar years prior to the
23         year in which the redevelopment project area is
24         designated.
25         (3) If vacant, the sound growth of the redevelopment
26     project area is impaired by one of the following factors
27     that (i) is present, with that presence documented, to a
28     meaningful extent so that a municipality may reasonably
29     find that the factor is clearly present within the intent
30     of the Act and (ii) is reasonably distributed throughout
31     the vacant part of the redevelopment project area to which
32     it pertains:
33             (A) The area consists of one or more unused
34         quarries, mines, or strip mine ponds.
35             (B) The area consists of unused rail yards, rail
36         tracks, or railroad rights-of-way.

 

 

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1             (C) The area, prior to its designation, is subject
2         to (i) chronic flooding that adversely impacts on real
3         property in the area as certified by a registered
4         professional engineer or appropriate regulatory agency
5         or (ii) surface water that discharges from all or a
6         part of the area and contributes to flooding within the
7         same watershed, but only if the redevelopment project
8         provides for facilities or improvements to contribute
9         to the alleviation of all or part of the flooding.
10             (D) The area consists of an unused or illegal
11         disposal site containing earth, stone, building
12         debris, or similar materials that were removed from
13         construction, demolition, excavation, or dredge sites.
14             (E) Prior to November 1, 1999, the area is not less
15         than 50 nor more than 100 acres and 75% of which is
16         vacant (notwithstanding that the area has been used for
17         commercial agricultural purposes within 5 years prior
18         to the designation of the redevelopment project area),
19         and the area meets at least one of the factors itemized
20         in paragraph (1) of this subsection, the area has been
21         designated as a town or village center by ordinance or
22         comprehensive plan adopted prior to January 1, 1982,
23         and the area has not been developed for that designated
24         purpose.
25             (F) The area qualified as a blighted improved area
26         immediately prior to becoming vacant, unless there has
27         been substantial private investment in the immediately
28         surrounding area.
29     (b) For any redevelopment project area that has been
30 designated pursuant to this Section by an ordinance adopted
31 prior to November 1, 1999 (the effective date of Public Act
32 91-478), "conservation area" shall have the meaning set forth
33 in this Section prior to that date.
34     On and after November 1, 1999, "conservation area" means
35 any improved area within the boundaries of a redevelopment
36 project area located within the territorial limits of the

 

 

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1 municipality in which 50% or more of the structures in the area
2 have an age of 35 years or more. Such an area is not yet a
3 blighted area but because of a combination of 3 or more of the
4 following factors is detrimental to the public safety, health,
5 morals or welfare and such an area may become a blighted area:
6         (1) Dilapidation. An advanced state of disrepair or
7     neglect of necessary repairs to the primary structural
8     components of buildings or improvements in such a
9     combination that a documented building condition analysis
10     determines that major repair is required or the defects are
11     so serious and so extensive that the buildings must be
12     removed.
13         (2) Obsolescence. The condition or process of falling
14     into disuse. Structures have become ill-suited for the
15     original use.
16         (3) Deterioration. With respect to buildings, defects
17     including, but not limited to, major defects in the
18     secondary building components such as doors, windows,
19     porches, gutters and downspouts, and fascia. With respect
20     to surface improvements, that the condition of roadways,
21     alleys, curbs, gutters, sidewalks, off-street parking, and
22     surface storage areas evidence deterioration, including,
23     but not limited to, surface cracking, crumbling, potholes,
24     depressions, loose paving material, and weeds protruding
25     through paved surfaces.
26         (4) Presence of structures below minimum code
27     standards. All structures that do not meet the standards of
28     zoning, subdivision, building, fire, and other
29     governmental codes applicable to property, but not
30     including housing and property maintenance codes.
31         (5) Illegal use of individual structures. The use of
32     structures in violation of applicable federal, State, or
33     local laws, exclusive of those applicable to the presence
34     of structures below minimum code standards.
35         (6) Excessive vacancies. The presence of buildings
36     that are unoccupied or under-utilized and that represent an

 

 

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1     adverse influence on the area because of the frequency,
2     extent, or duration of the vacancies.
3         (7) Lack of ventilation, light, or sanitary
4     facilities. The absence of adequate ventilation for light
5     or air circulation in spaces or rooms without windows, or
6     that require the removal of dust, odor, gas, smoke, or
7     other noxious airborne materials. Inadequate natural light
8     and ventilation means the absence or inadequacy of
9     skylights or windows for interior spaces or rooms and
10     improper window sizes and amounts by room area to window
11     area ratios. Inadequate sanitary facilities refers to the
12     absence or inadequacy of garbage storage and enclosure,
13     bathroom facilities, hot water and kitchens, and
14     structural inadequacies preventing ingress and egress to
15     and from all rooms and units within a building.
16         (8) Inadequate utilities. Underground and overhead
17     utilities such as storm sewers and storm drainage, sanitary
18     sewers, water lines, and gas, telephone, and electrical
19     services that are shown to be inadequate. Inadequate
20     utilities are those that are: (i) of insufficient capacity
21     to serve the uses in the redevelopment project area, (ii)
22     deteriorated, antiquated, obsolete, or in disrepair, or
23     (iii) lacking within the redevelopment project area.
24         (9) Excessive land coverage and overcrowding of
25     structures and community facilities. The over-intensive
26     use of property and the crowding of buildings and accessory
27     facilities onto a site. Examples of problem conditions
28     warranting the designation of an area as one exhibiting
29     excessive land coverage are: the presence of buildings
30     either improperly situated on parcels or located on parcels
31     of inadequate size and shape in relation to present-day
32     standards of development for health and safety and the
33     presence of multiple buildings on a single parcel. For
34     there to be a finding of excessive land coverage, these
35     parcels must exhibit one or more of the following
36     conditions: insufficient provision for light and air

 

 

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1     within or around buildings, increased threat of spread of
2     fire due to the close proximity of buildings, lack of
3     adequate or proper access to a public right-of-way, lack of
4     reasonably required off-street parking, or inadequate
5     provision for loading and service.
6         (10) Deleterious land use or layout. The existence of
7     incompatible land-use relationships, buildings occupied by
8     inappropriate mixed-uses, or uses considered to be
9     noxious, offensive, or unsuitable for the surrounding
10     area.
11         (11) Lack of community planning. The proposed
12     redevelopment project area was developed prior to or
13     without the benefit or guidance of a community plan. This
14     means that the development occurred prior to the adoption
15     by the municipality of a comprehensive or other community
16     plan or that the plan was not followed at the time of the
17     area's development. This factor must be documented by
18     evidence of adverse or incompatible land-use
19     relationships, inadequate street layout, improper
20     subdivision, parcels of inadequate shape and size to meet
21     contemporary development standards, or other evidence
22     demonstrating an absence of effective community planning.
23         (12) The area has incurred Illinois Environmental
24     Protection Agency or United States Environmental
25     Protection Agency remediation costs for, or a study
26     conducted by an independent consultant recognized as
27     having expertise in environmental remediation has
28     determined a need for, the clean-up of hazardous waste,
29     hazardous substances, or underground storage tanks
30     required by State or federal law, provided that the
31     remediation costs constitute a material impediment to the
32     development or redevelopment of the redevelopment project
33     area.
34         (13) The total equalized assessed value of the proposed
35     redevelopment project area has declined for 3 of the last 5
36     calendar years for which information is available or is

 

 

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1     increasing at an annual rate that is less than the balance
2     of the municipality for 3 of the last 5 calendar years for
3     which information is available or is increasing at an
4     annual rate that is less than the Consumer Price Index for
5     All Urban Consumers published by the United States
6     Department of Labor or successor agency for 3 of the last 5
7     calendar years for which information is available.
8     (c) "Industrial park" means an area in a blighted or
9 conservation area suitable for use by any manufacturing,
10 industrial, research or transportation enterprise, of
11 facilities to include but not be limited to factories, mills,
12 processing plants, assembly plants, packing plants,
13 fabricating plants, industrial distribution centers,
14 warehouses, repair overhaul or service facilities, freight
15 terminals, research facilities, test facilities or railroad
16 facilities.
17     (d) "Industrial park conservation area" means an area
18 within the boundaries of a redevelopment project area located
19 within the territorial limits of a municipality that is a labor
20 surplus municipality or within 1 1/2 miles of the territorial
21 limits of a municipality that is a labor surplus municipality
22 if the area is annexed to the municipality; which area is zoned
23 as industrial no later than at the time the municipality by
24 ordinance designates the redevelopment project area, and which
25 area includes both vacant land suitable for use as an
26 industrial park and a blighted area or conservation area
27 contiguous to such vacant land.
28     (e) "Labor surplus municipality" means a municipality in
29 which, at any time during the 6 months before the municipality
30 by ordinance designates an industrial park conservation area,
31 the unemployment rate was over 6% and was also 100% or more of
32 the national average unemployment rate for that same time as
33 published in the United States Department of Labor Bureau of
34 Labor Statistics publication entitled "The Employment
35 Situation" or its successor publication. For the purpose of
36 this subsection, if unemployment rate statistics for the

 

 

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1 municipality are not available, the unemployment rate in the
2 municipality shall be deemed to be the same as the unemployment
3 rate in the principal county in which the municipality is
4 located.
5     (f) "Municipality" shall mean a city, village,
6 incorporated town, or a township that is located in the
7 unincorporated portion of a county with 3 million or more
8 inhabitants, if the county adopted an ordinance that approved
9 the township's redevelopment plan.
10     (g) "Initial Sales Tax Amounts" means the amount of taxes
11 paid under the Retailers' Occupation Tax Act, Use Tax Act,
12 Service Use Tax Act, the Service Occupation Tax Act, the
13 Municipal Retailers' Occupation Tax Act, and the Municipal
14 Service Occupation Tax Act by retailers and servicemen on
15 transactions at places located in a State Sales Tax Boundary
16 during the calendar year 1985.
17     (g-1) "Revised Initial Sales Tax Amounts" means the amount
18 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
19 Act, Service Use Tax Act, the Service Occupation Tax Act, the
20 Municipal Retailers' Occupation Tax Act, and the Municipal
21 Service Occupation Tax Act by retailers and servicemen on
22 transactions at places located within the State Sales Tax
23 Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
24     (h) "Municipal Sales Tax Increment" means an amount equal
25 to the increase in the aggregate amount of taxes paid to a
26 municipality from the Local Government Tax Fund arising from
27 sales by retailers and servicemen within the redevelopment
28 project area or State Sales Tax Boundary, as the case may be,
29 for as long as the redevelopment project area or State Sales
30 Tax Boundary, as the case may be, exist over and above the
31 aggregate amount of taxes as certified by the Illinois
32 Department of Revenue and paid under the Municipal Retailers'
33 Occupation Tax Act and the Municipal Service Occupation Tax Act
34 by retailers and servicemen, on transactions at places of
35 business located in the redevelopment project area or State
36 Sales Tax Boundary, as the case may be, during the base year

 

 

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1 which shall be the calendar year immediately prior to the year
2 in which the municipality adopted tax increment allocation
3 financing. For purposes of computing the aggregate amount of
4 such taxes for base years occurring prior to 1985, the
5 Department of Revenue shall determine the Initial Sales Tax
6 Amounts for such taxes and deduct therefrom an amount equal to
7 4% of the aggregate amount of taxes per year for each year the
8 base year is prior to 1985, but not to exceed a total deduction
9 of 12%. The amount so determined shall be known as the
10 "Adjusted Initial Sales Tax Amounts". For purposes of
11 determining the Municipal Sales Tax Increment, the Department
12 of Revenue shall for each period subtract from the amount paid
13 to the municipality from the Local Government Tax Fund arising
14 from sales by retailers and servicemen on transactions located
15 in the redevelopment project area or the State Sales Tax
16 Boundary, as the case may be, the certified Initial Sales Tax
17 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
18 Initial Sales Tax Amounts for the Municipal Retailers'
19 Occupation Tax Act and the Municipal Service Occupation Tax
20 Act. For the State Fiscal Year 1989, this calculation shall be
21 made by utilizing the calendar year 1987 to determine the tax
22 amounts received. For the State Fiscal Year 1990, this
23 calculation shall be made by utilizing the period from January
24 1, 1988, until September 30, 1988, to determine the tax amounts
25 received from retailers and servicemen pursuant to the
26 Municipal Retailers' Occupation Tax and the Municipal Service
27 Occupation Tax Act, which shall have deducted therefrom
28 nine-twelfths of the certified Initial Sales Tax Amounts, the
29 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
30 Tax Amounts as appropriate. For the State Fiscal Year 1991,
31 this calculation shall be made by utilizing the period from
32 October 1, 1988, to June 30, 1989, to determine the tax amounts
33 received from retailers and servicemen pursuant to the
34 Municipal Retailers' Occupation Tax and the Municipal Service
35 Occupation Tax Act which shall have deducted therefrom
36 nine-twelfths of the certified Initial Sales Tax Amounts,

 

 

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1 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
2 Tax Amounts as appropriate. For every State Fiscal Year
3 thereafter, the applicable period shall be the 12 months
4 beginning July 1 and ending June 30 to determine the tax
5 amounts received which shall have deducted therefrom the
6 certified Initial Sales Tax Amounts, the Adjusted Initial Sales
7 Tax Amounts or the Revised Initial Sales Tax Amounts, as the
8 case may be.
9     (i) "Net State Sales Tax Increment" means the sum of the
10 following: (a) 80% of the first $100,000 of State Sales Tax
11 Increment annually generated within a State Sales Tax Boundary;
12 (b) 60% of the amount in excess of $100,000 but not exceeding
13 $500,000 of State Sales Tax Increment annually generated within
14 a State Sales Tax Boundary; and (c) 40% of all amounts in
15 excess of $500,000 of State Sales Tax Increment annually
16 generated within a State Sales Tax Boundary. If, however, a
17 municipality established a tax increment financing district in
18 a county with a population in excess of 3,000,000 before
19 January 1, 1986, and the municipality entered into a contract
20 or issued bonds after January 1, 1986, but before December 31,
21 1986, to finance redevelopment project costs within a State
22 Sales Tax Boundary, then the Net State Sales Tax Increment
23 means, for the fiscal years beginning July 1, 1990, and July 1,
24 1991, 100% of the State Sales Tax Increment annually generated
25 within a State Sales Tax Boundary; and notwithstanding any
26 other provision of this Act, for those fiscal years the
27 Department of Revenue shall distribute to those municipalities
28 100% of their Net State Sales Tax Increment before any
29 distribution to any other municipality and regardless of
30 whether or not those other municipalities will receive 100% of
31 their Net State Sales Tax Increment. For Fiscal Year 1999, and
32 every year thereafter until the year 2007, for any municipality
33 that has not entered into a contract or has not issued bonds
34 prior to June 1, 1988 to finance redevelopment project costs
35 within a State Sales Tax Boundary, the Net State Sales Tax
36 Increment shall be calculated as follows: By multiplying the

 

 

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1 Net State Sales Tax Increment by 90% in the State Fiscal Year
2 1999; 80% in the State Fiscal Year 2000; 70% in the State
3 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
4 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
5 in the State Fiscal Year 2005; 20% in the State Fiscal Year
6 2006; and 10% in the State Fiscal Year 2007. No payment shall
7 be made for State Fiscal Year 2008 and thereafter.
8     Municipalities that issued bonds in connection with a
9 redevelopment project in a redevelopment project area within
10 the State Sales Tax Boundary prior to July 29, 1991, or that
11 entered into contracts in connection with a redevelopment
12 project in a redevelopment project area before June 1, 1988,
13 shall continue to receive their proportional share of the
14 Illinois Tax Increment Fund distribution until the date on
15 which the redevelopment project is completed or terminated. If,
16 however, a municipality that issued bonds in connection with a
17 redevelopment project in a redevelopment project area within
18 the State Sales Tax Boundary prior to July 29, 1991 retires the
19 bonds prior to June 30, 2007 or a municipality that entered
20 into contracts in connection with a redevelopment project in a
21 redevelopment project area before June 1, 1988 completes the
22 contracts prior to June 30, 2007, then so long as the
23 redevelopment project is not completed or is not terminated,
24 the Net State Sales Tax Increment shall be calculated,
25 beginning on the date on which the bonds are retired or the
26 contracts are completed, as follows: By multiplying the Net
27 State Sales Tax Increment by 60% in the State Fiscal Year 2002;
28 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
29 2004; 30% in the State Fiscal Year 2005; 20% in the State
30 Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
31 payment shall be made for State Fiscal Year 2008 and
32 thereafter. Refunding of any bonds issued prior to July 29,
33 1991, shall not alter the Net State Sales Tax Increment.
34     (j) "State Utility Tax Increment Amount" means an amount
35 equal to the aggregate increase in State electric and gas tax
36 charges imposed on owners and tenants, other than residential

 

 

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1 customers, of properties located within the redevelopment
2 project area under Section 9-222 of the Public Utilities Act,
3 over and above the aggregate of such charges as certified by
4 the Department of Revenue and paid by owners and tenants, other
5 than residential customers, of properties within the
6 redevelopment project area during the base year, which shall be
7 the calendar year immediately prior to the year of the adoption
8 of the ordinance authorizing tax increment allocation
9 financing.
10     (k) "Net State Utility Tax Increment" means the sum of the
11 following: (a) 80% of the first $100,000 of State Utility Tax
12 Increment 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
15 by a redevelopment project area; and (c) 40% of all amounts in
16 excess of $500,000 of State Utility Tax Increment annually
17 generated by a redevelopment project area. For the State Fiscal
18 Year 1999, and every year thereafter until the year 2007, for
19 any municipality that has not entered into a contract or has
20 not issued bonds prior to June 1, 1988 to finance redevelopment
21 project costs within a redevelopment project area, the Net
22 State Utility Tax Increment shall be calculated as follows: By
23 multiplying the Net State Utility Tax Increment by 90% in the
24 State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
25 in the State Fiscal Year 2001; 60% in the State Fiscal Year
26 2002; 50% in the State Fiscal Year 2003; 40% in the State
27 Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
28 State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
29 No payment shall be made for the State Fiscal Year 2008 and
30 thereafter.
31     Municipalities that issue bonds in connection with the
32 redevelopment project during the period from June 1, 1988 until
33 3 years after the effective date of this Amendatory Act of 1988
34 shall receive the Net State Utility Tax Increment, subject to
35 appropriation, for 15 State Fiscal Years after the issuance of
36 such bonds. For the 16th through the 20th State Fiscal Years

 

 

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1 after issuance of the bonds, the Net State Utility Tax
2 Increment shall be calculated as follows: By multiplying the
3 Net State Utility Tax Increment by 90% in year 16; 80% in year
4 17; 70% in year 18; 60% in year 19; and 50% in year 20.
5 Refunding of any bonds issued prior to June 1, 1988, shall not
6 alter the revised Net State Utility Tax Increment payments set
7 forth above.
8     (l) "Obligations" mean bonds, loans, debentures, notes,
9 special certificates or other evidence of indebtedness issued
10 by the municipality to carry out a redevelopment project or to
11 refund outstanding obligations.
12     (m) "Payment in lieu of taxes" means those estimated tax
13 revenues from real property in a redevelopment project area
14 derived from real property that has been acquired by a
15 municipality which according to the redevelopment project or
16 plan is to be used for a private use which taxing districts
17 would have received had a municipality not acquired the real
18 property and adopted tax increment allocation financing and
19 which would result from levies made after the time of the
20 adoption of tax increment allocation financing to the time the
21 current equalized value of real property in the redevelopment
22 project area exceeds the total initial equalized value of real
23 property in said area.
24     (n) "Redevelopment plan" means the comprehensive program
25 of the municipality for development or redevelopment intended
26 by the payment of redevelopment project costs to reduce or
27 eliminate those conditions the existence of which qualified the
28 redevelopment project area as a "blighted area" or
29 "conservation area" or combination thereof or "industrial park
30 conservation area," and thereby to enhance the tax bases of the
31 taxing districts which extend into the redevelopment project
32 area. On and after November 1, 1999 (the effective date of
33 Public Act 91-478), no redevelopment plan may be approved or
34 amended that includes the development of vacant land (i) with a
35 golf course and related clubhouse and other facilities or (ii)
36 designated by federal, State, county, or municipal government

 

 

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1 as public land for outdoor recreational activities or for
2 nature preserves and used for that purpose within 5 years prior
3 to the adoption of the redevelopment plan. For the purpose of
4 this subsection, "recreational activities" is limited to mean
5 camping and hunting. Each redevelopment plan shall set forth in
6 writing the program to be undertaken to accomplish the
7 objectives and shall include but not be limited to:
8         (A) an itemized list of estimated redevelopment
9     project costs;
10         (B) evidence indicating that the redevelopment project
11     area on the whole has not been subject to growth and
12     development through investment by private enterprise;
13         (C) an assessment of any financial impact of the
14     redevelopment project area on or any increased demand for
15     services from any taxing district affected by the plan and
16     any program to address such financial impact or increased
17     demand;
18         (D) the sources of funds to pay costs;
19         (E) the nature and term of the obligations to be
20     issued;
21         (F) the most recent equalized assessed valuation of the
22     redevelopment project area;
23         (G) an estimate as to the equalized assessed valuation
24     after redevelopment and the general land uses to apply in
25     the redevelopment project area;
26         (H) a commitment to fair employment practices and an
27     affirmative action plan;
28         (I) if it concerns an industrial park conservation
29     area, the plan shall also include a general description of
30     any proposed developer, user and tenant of any property, a
31     description of the type, structure and general character of
32     the facilities to be developed, a description of the type,
33     class and number of new employees to be employed in the
34     operation of the facilities to be developed; and
35         (J) if property is to be annexed to the municipality,
36     the plan shall include the terms of the annexation

 

 

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1     agreement.
2     The provisions of items (B) and (C) of this subsection (n)
3 shall not apply to a municipality that before March 14, 1994
4 (the effective date of Public Act 88-537) had fixed, either by
5 its corporate authorities or by a commission designated under
6 subsection (k) of Section 11-74.4-4, a time and place for a
7 public hearing as required by subsection (a) of Section
8 11-74.4-5. No redevelopment plan shall be adopted unless a
9 municipality complies with all of the following requirements:
10         (1) The municipality finds that the redevelopment
11     project area on the whole has not been subject to growth
12     and development through investment by private enterprise
13     and would not reasonably be anticipated to be developed
14     without the adoption of the redevelopment plan.
15         (2) The municipality finds that the redevelopment plan
16     and project conform to the comprehensive plan for the
17     development of the municipality as a whole, or, for
18     municipalities with a population of 100,000 or more,
19     regardless of when the redevelopment plan and project was
20     adopted, the redevelopment plan and project either: (i)
21     conforms to the strategic economic development or
22     redevelopment plan issued by the designated planning
23     authority of the municipality, or (ii) includes land uses
24     that have been approved by the planning commission of the
25     municipality.
26         (3) The redevelopment plan establishes the estimated
27     dates of completion of the redevelopment project and
28     retirement of obligations issued to finance redevelopment
29     project costs. Those dates: shall not be later than
30     December 31 of the year in which the payment to the
31     municipal treasurer as provided in subsection (b) of
32     Section 11-74.4-8 of this Act is to be made with respect to
33     ad valorem taxes levied in the twenty-third calendar year
34     after the year in which the ordinance approving the
35     redevelopment project area is adopted if the ordinance was
36     adopted on or after January 15, 1981; shall not be later

 

 

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1     than December 31 of the year in which the payment to the
2     municipal treasurer as provided in subsection (b) of
3     Section 11-74.4-8 of this Act is to be made with respect to
4     ad valorem taxes levied in the thirty-third calendar year
5     after the year in which the ordinance approving the
6     redevelopment project area if the ordinance was adopted on
7     May 20, 1985 by the Village of Wheeling; and shall not be
8     later than December 31 of the year in which the payment to
9     the municipal treasurer as provided in subsection (b) of
10     Section 11-74.4-8 of this Act is to be made with respect to
11     ad valorem taxes levied in the thirty-fifth calendar year
12     after the year in which the ordinance approving the
13     redevelopment project area is adopted:
14             (A) if the ordinance was adopted before January 15,
15         1981, or
16             (B) if the ordinance was adopted in December 1983,
17         April 1984, July 1985, or December 1989, or
18             (C) if the ordinance was adopted in December 1987
19         and the redevelopment project is located within one
20         mile of Midway Airport, or
21             (D) if the ordinance was adopted before January 1,
22         1987 by a municipality in Mason County, or
23             (E) if the municipality is subject to the Local
24         Government Financial Planning and Supervision Act or
25         the Financially Distressed City Law, or
26             (F) if the ordinance was adopted in December 1984
27         by the Village of Rosemont, or
28             (G) if the ordinance was adopted on December 31,
29         1986 by a municipality located in Clinton County for
30         which at least $250,000 of tax increment bonds were
31         authorized on June 17, 1997, or if the ordinance was
32         adopted on December 31, 1986 by a municipality with a
33         population in 1990 of less than 3,600 that is located
34         in a county with a population in 1990 of less than
35         34,000 and for which at least $250,000 of tax increment
36         bonds were authorized on June 17, 1997, or

 

 

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1             (H) if the ordinance was adopted on October 5, 1982
2         by the City of Kankakee, or if the ordinance was
3         adopted on December 29, 1986 by East St. Louis, or
4             (I) if the ordinance was adopted on November 12,
5         1991 by the Village of Sauget, or
6             (J) if the ordinance was adopted on February 11,
7         1985 by the City of Rock Island, or
8             (K) if the ordinance was adopted before December
9         18, 1986 by the City of Moline, or
10             (L) if the ordinance was adopted in September 1988
11         by Sauk Village, or
12             (M) if the ordinance was adopted in October 1993 by
13         Sauk Village, or
14             (N) if the ordinance was adopted on December 29,
15         1986 by the City of Galva, or
16             (O) if the ordinance was adopted in March 1991 by
17         the City of Centreville, or
18             (P) if the ordinance was adopted on January 23,
19         1991 by the City of East St. Louis, or
20             (Q) if the ordinance was adopted on December 22,
21         1986 by the City of Aledo, or
22             (R) if the ordinance was adopted on February 5,
23         1990 by the City of Clinton, or
24             (S) if the ordinance was adopted on September 6,
25         1994 by the City of Freeport, or
26             (T) if the ordinance was adopted on December 22,
27         1986 by the City of Tuscola, or
28             (U) if the ordinance was adopted on December 23,
29         1986 by the City of Sparta, or
30             (V) if the ordinance was adopted on December 23,
31         1986 by the City of Beardstown, or
32             (W) if the ordinance was adopted on April 27, 1981,
33         October 21, 1985, or December 30, 1986 by the City of
34         Belleville, or
35             (X) if the ordinance was adopted on December 29,
36         1986 by the City of Collinsville, or

 

 

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1             (Y) if the ordinance was adopted on September 14,
2         1994 by the City of Alton, or
3             (Z) if the ordinance was adopted on November 11,
4         1996 by the City of Lexington, or
5             (AA) if the ordinance was adopted on November 5,
6         1984 by the City of LeRoy, or
7             (BB) if the ordinance was adopted on April 3, 1991
8         or June 3, 1992 by the City of Markham, or
9             (CC) if the ordinance was adopted on November 11,
10         1986 by the City of Pekin, or
11             (DD) if the ordinance was adopted on December 15,
12         1981 by the City of Champaign, or
13             (EE) if the ordinance was adopted on December 15,
14         1986 by the City of Urbana, or
15             (FF) if the ordinance was adopted on December 15,
16         1986 by the Village of Heyworth, or
17             (GG) if the ordinance was adopted on February 24,
18         1992 by the Village of Heyworth, or
19             (HH) if the ordinance was adopted on March 16, 1995
20         by the Village of Heyworth, or
21             (II) if the ordinance was adopted on December 23,
22         1986 by the Town of Cicero, or
23             (JJ) if the ordinance was adopted on December 30,
24         1986 by the City of Effingham, or
25             (KK) if the ordinance was adopted on May 9, 1991 by
26         the Village of Tilton, or
27             (LL) if the ordinance was adopted on October 20,
28         1986 by the City of Elmhurst, or
29             (MM) if the ordinance was adopted on January 19,
30         1988 by the City of Waukegan, or
31             (NN) if the ordinance was adopted on September 21,
32         1998 by the City of Waukegan, or
33             (OO) if the ordinance was adopted on December 31,
34         1986 by the City of Sullivan, or
35             (PP) if the ordinance was adopted on December 23,
36         1991 by the City of Sullivan, or .

 

 

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1             (QQ) (OO) if the ordinance was adopted on December
2         31, 1986 by the City of Oglesby, or .
3             (RR) (OO) if the ordinance was adopted on July 28,
4         1987 by the City of Marion, or
5             (SS) (PP) if the ordinance was adopted on April 23,
6         1990 by the City of Marion, or .
7             (TT) (OO) if the ordinance was adopted on August
8         20, 1985 by the Village of Mount Prospect, or .
9             (UU) (OO) if the ordinance was adopted on February
10         2, 1998 by the Village of Woodhull.
11         However, for redevelopment project areas for which
12     bonds were issued before July 29, 1991, or for which
13     contracts were entered into before June 1, 1988, in
14     connection with a redevelopment project in the area within
15     the State Sales Tax Boundary, the estimated dates of
16     completion of the redevelopment project and retirement of
17     obligations to finance redevelopment project costs may be
18     extended by municipal ordinance to December 31, 2013. The
19     termination procedures of subsection (b) of Section
20     11-74.4-8 are not required for these redevelopment project
21     areas in 2009 but are required in 2013. The extension
22     allowed by this amendatory Act of 1993 shall not apply to
23     real property tax increment allocation financing under
24     Section 11-74.4-8.
25         A municipality may by municipal ordinance amend an
26     existing redevelopment plan to conform to this paragraph
27     (3) as amended by Public Act 91-478, which municipal
28     ordinance may be adopted without further hearing or notice
29     and without complying with the procedures provided in this
30     Act pertaining to an amendment to or the initial approval
31     of a redevelopment plan and project and designation of a
32     redevelopment project area.
33         Those dates, for purposes of real property tax
34     increment allocation financing pursuant to Section
35     11-74.4-8 only, shall be not more than 35 years for
36     redevelopment project areas that were adopted on or after

 

 

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1     December 16, 1986 and for which at least $8 million worth
2     of municipal bonds were authorized on or after December 19,
3     1989 but before January 1, 1990; provided that the
4     municipality elects to extend the life of the redevelopment
5     project area to 35 years by the adoption of an ordinance
6     after at least 14 but not more than 30 days' written notice
7     to the taxing bodies, that would otherwise constitute the
8     joint review board for the redevelopment project area,
9     before the adoption of the ordinance.
10         Those dates, for purposes of real property tax
11     increment allocation financing pursuant to Section
12     11-74.4-8 only, shall be not more than 35 years for
13     redevelopment project areas that were established on or
14     after December 1, 1981 but before January 1, 1982 and for
15     which at least $1,500,000 worth of tax increment revenue
16     bonds were authorized on or after September 30, 1990 but
17     before July 1, 1991; provided that the municipality elects
18     to extend the life of the redevelopment project area to 35
19     years by the adoption of an ordinance after at least 14 but
20     not more than 30 days' written notice to the taxing bodies,
21     that would otherwise constitute the joint review board for
22     the redevelopment project area, before the adoption of the
23     ordinance.
24         (3.5) The municipality finds, in the case of an
25     industrial park conservation area, also that the
26     municipality is a labor surplus municipality and that the
27     implementation of the redevelopment plan will reduce
28     unemployment, create new jobs and by the provision of new
29     facilities enhance the tax base of the taxing districts
30     that extend into the redevelopment project area.
31         (4) If any incremental revenues are being utilized
32     under Section 8(a)(1) or 8(a)(2) of this Act in
33     redevelopment project areas approved by ordinance after
34     January 1, 1986, the municipality finds: (a) that the
35     redevelopment project area would not reasonably be
36     developed without the use of such incremental revenues, and

 

 

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

 

 

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1     residences are to be removed, (iii) the availability of
2     replacement housing for those residents whose residences
3     are to be removed, and shall identify the type, location,
4     and cost of the housing, and (iv) the type and extent of
5     relocation assistance to be provided.
6         (6) On and after November 1, 1999, the housing impact
7     study required by paragraph (5) shall be incorporated in
8     the redevelopment plan for the redevelopment project area.
9         (7) On and after November 1, 1999, no redevelopment
10     plan shall be adopted, nor an existing plan amended, nor
11     shall residential housing that is occupied by households of
12     low-income and very low-income persons in currently
13     existing redevelopment project areas be removed after
14     November 1, 1999 unless the redevelopment plan provides,
15     with respect to inhabited housing units that are to be
16     removed for households of low-income and very low-income
17     persons, affordable housing and relocation assistance not
18     less than that which would be provided under the federal
19     Uniform Relocation Assistance and Real Property
20     Acquisition Policies Act of 1970 and the regulations under
21     that Act, including the eligibility criteria. Affordable
22     housing may be either existing or newly constructed
23     housing. For purposes of this paragraph (7), "low-income
24     households", "very low-income households", and "affordable
25     housing" have the meanings set forth in the Illinois
26     Affordable Housing Act. The municipality shall make a good
27     faith effort to ensure that this affordable housing is
28     located in or near the redevelopment project area within
29     the municipality.
30         (8) On and after November 1, 1999, if, after the
31     adoption of the redevelopment plan for the redevelopment
32     project area, any municipality desires to amend its
33     redevelopment plan to remove more inhabited residential
34     units than specified in its original redevelopment plan,
35     that change shall be made in accordance with the procedures
36     in subsection (c) of Section 11-74.4-5.

 

 

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1         (9) For redevelopment project areas designated prior
2     to November 1, 1999, the redevelopment plan may be amended
3     without further joint review board meeting or hearing,
4     provided that the municipality shall give notice of any
5     such changes by mail to each affected taxing district and
6     registrant on the interested party registry, to authorize
7     the municipality to expend tax increment revenues for
8     redevelopment project costs defined by paragraphs (5) and
9     (7.5), subparagraphs (E) and (F) of paragraph (11), and
10     paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
11     long as the changes do not increase the total estimated
12     redevelopment project costs set out in the redevelopment
13     plan by more than 5% after adjustment for inflation from
14     the date the plan was adopted.
15     (o) "Redevelopment project" means any public and private
16 development project in furtherance of the objectives of a
17 redevelopment plan. On and after November 1, 1999 (the
18 effective date of Public Act 91-478), no redevelopment plan may
19 be approved or amended that includes the development of vacant
20 land (i) with a golf course and related clubhouse and other
21 facilities or (ii) designated by federal, State, county, or
22 municipal government as public land for outdoor recreational
23 activities or for nature preserves and used for that purpose
24 within 5 years prior to the adoption of the redevelopment plan.
25 For the purpose of this subsection, "recreational activities"
26 is limited to mean camping and hunting.
27     (p) "Redevelopment project area" means an area designated
28 by the municipality, which is not less in the aggregate than 1
29 1/2 acres and in respect to which the municipality has made a
30 finding that there exist conditions which cause the area to be
31 classified as an industrial park conservation area or a
32 blighted area or a conservation area, or a combination of both
33 blighted areas and conservation areas.
34     (q) "Redevelopment project costs" mean and include the sum
35 total of all reasonable or necessary costs incurred or
36 estimated to be incurred, and any such costs incidental to a

 

 

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1 redevelopment plan and a redevelopment project. Such costs
2 include, without limitation, the following:
3         (1) Costs of studies, surveys, development of plans,
4     and specifications, implementation and administration of
5     the redevelopment plan including but not limited to staff
6     and professional service costs for architectural,
7     engineering, legal, financial, planning or other services,
8     provided however that no charges for professional services
9     may be based on a percentage of the tax increment
10     collected; except that on and after November 1, 1999 (the
11     effective date of Public Act 91-478), no contracts for
12     professional services, excluding architectural and
13     engineering services, may be entered into if the terms of
14     the contract extend beyond a period of 3 years. In
15     addition, "redevelopment project costs" shall not include
16     lobbying expenses. After consultation with the
17     municipality, each tax increment consultant or advisor to a
18     municipality that plans to designate or has designated a
19     redevelopment project area shall inform the municipality
20     in writing of any contracts that the consultant or advisor
21     has entered into with entities or individuals that have
22     received, or are receiving, payments financed by tax
23     increment revenues produced by the redevelopment project
24     area with respect to which the consultant or advisor has
25     performed, or will be performing, service for the
26     municipality. This requirement shall be satisfied by the
27     consultant or advisor before the commencement of services
28     for the municipality and thereafter whenever any other
29     contracts with those individuals or entities are executed
30     by the consultant or advisor;
31         (1.5) After July 1, 1999, annual administrative costs
32     shall not include general overhead or administrative costs
33     of the municipality that would still have been incurred by
34     the municipality if the municipality had not designated a
35     redevelopment project area or approved a redevelopment
36     plan;

 

 

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1         (1.6) The cost of marketing sites within the
2     redevelopment project area to prospective businesses,
3     developers, and investors;
4         (2) Property assembly costs, including but not limited
5     to acquisition of land and other property, real or
6     personal, or rights or interests therein, demolition of
7     buildings, site preparation, site improvements that serve
8     as an engineered barrier addressing ground level or below
9     ground environmental contamination, including, but not
10     limited to parking lots and other concrete or asphalt
11     barriers, and the clearing and grading of land;
12         (3) Costs of rehabilitation, reconstruction or repair
13     or remodeling of existing public or private buildings,
14     fixtures, and leasehold improvements; and the cost of
15     replacing an existing public building if pursuant to the
16     implementation of a redevelopment project the existing
17     public building is to be demolished to use the site for
18     private investment or devoted to a different use requiring
19     private investment;
20         (3.5) After July 1, 2006, costs associated with
21     lead-abatement activities for property that is contiguous
22     to, but not included within, the redevelopment project area
23     if those lead-abatement activites would further the
24     purpose of the redevelopment project.
25         (4) Costs of the construction of public works or
26     improvements, except that on and after November 1, 1999,
27     redevelopment project costs shall not include the cost of
28     constructing a new municipal public building principally
29     used to provide offices, storage space, or conference
30     facilities or vehicle storage, maintenance, or repair for
31     administrative, public safety, or public works personnel
32     and that is not intended to replace an existing public
33     building as provided under paragraph (3) of subsection (q)
34     of Section 11-74.4-3 unless either (i) the construction of
35     the new municipal building implements a redevelopment
36     project that was included in a redevelopment plan that was

 

 

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1     adopted by the municipality prior to November 1, 1999 or
2     (ii) the municipality makes a reasonable determination in
3     the redevelopment plan, supported by information that
4     provides the basis for that determination, that the new
5     municipal building is required to meet an increase in the
6     need for public safety purposes anticipated to result from
7     the implementation of the redevelopment plan;
8         (5) Costs of job training and retraining projects,
9     including the cost of "welfare to work" programs
10     implemented by businesses located within the redevelopment
11     project area;
12         (6) Financing costs, including but not limited to all
13     necessary and incidental expenses related to the issuance
14     of obligations and which may include payment of interest on
15     any obligations issued hereunder including interest
16     accruing during the estimated period of construction of any
17     redevelopment project for which such obligations are
18     issued and for not exceeding 36 months thereafter and
19     including reasonable reserves related thereto;
20         (7) To the extent the municipality by written agreement
21     accepts and approves the same, all or a portion of a taxing
22     district's capital costs resulting from the redevelopment
23     project necessarily incurred or to be incurred within a
24     taxing district in furtherance of the objectives of the
25     redevelopment plan and project.
26         (7.5) For redevelopment project areas designated (or
27     redevelopment project areas amended to add or increase the
28     number of tax-increment-financing assisted housing units)
29     on or after November 1, 1999, an elementary, secondary, or
30     unit school district's increased costs attributable to
31     assisted housing units located within the redevelopment
32     project area for which the developer or redeveloper
33     receives financial assistance through an agreement with
34     the municipality or because the municipality incurs the
35     cost of necessary infrastructure improvements within the
36     boundaries of the assisted housing sites necessary for the

 

 

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

 

 

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1             district average 1995-96 Per Capita Tuition Charge
2             of less than $5,900, no more than 8% of the total
3             amount of property tax increment revenue produced
4             by those housing units that have received tax
5             increment finance assistance under this Act.
6             (B) For alternate method districts, flat grant
7         districts, and foundation districts with a district
8         average 1995-96 Per Capita Tuition Charge equal to or
9         more than $5,900, excluding any school district with a
10         population in excess of 1,000,000, by multiplying the
11         district's increase in attendance resulting from the
12         net increase in new students enrolled in that school
13         district who reside in housing units within the
14         redevelopment project area that have received
15         financial assistance through an agreement with the
16         municipality or because the municipality incurs the
17         cost of necessary infrastructure improvements within
18         the boundaries of the housing sites necessary for the
19         completion of that housing as authorized by this Act
20         since the designation of the redevelopment project
21         area by the most recently available per capita tuition
22         cost as defined in Section 10-20.12a of the School Code
23         less any increase in general state aid as defined in
24         Section 18-8.05 of the School Code attributable to
25         these added new students subject to the following
26         annual limitations:
27                 (i) for unit school districts, no more than 40%
28             of the total amount of property tax increment
29             revenue produced by those housing units that have
30             received tax increment finance assistance under
31             this Act;
32                 (ii) for elementary school districts, no more
33             than 27% of the total amount of property tax
34             increment revenue produced by those housing units
35             that have received tax increment finance
36             assistance under this Act; and

 

 

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1                 (iii) for secondary school districts, no more
2             than 13% of the total amount of property tax
3             increment revenue produced by those housing units
4             that have received tax increment finance
5             assistance under this Act.
6             (C) For any school district in a municipality with
7         a population in excess of 1,000,000, the following
8         restrictions shall apply to the reimbursement of
9         increased costs under this paragraph (7.5):
10                 (i) no increased costs shall be reimbursed
11             unless the school district certifies that each of
12             the schools affected by the assisted housing
13             project is at or over its student capacity;
14                 (ii) the amount reimbursable shall be reduced
15             by the value of any land donated to the school
16             district by the municipality or developer, and by
17             the value of any physical improvements made to the
18             schools by the municipality or developer; and
19                 (iii) the amount reimbursed may not affect
20             amounts otherwise obligated by the terms of any
21             bonds, notes, or other funding instruments, or the
22             terms of any redevelopment agreement.
23         Any school district seeking payment under this
24         paragraph (7.5) shall, after July 1 and before
25         September 30 of each year, provide the municipality
26         with reasonable evidence to support its claim for
27         reimbursement before the municipality shall be
28         required to approve or make the payment to the school
29         district. If the school district fails to provide the
30         information during this period in any year, it shall
31         forfeit any claim to reimbursement for that year.
32         School districts may adopt a resolution waiving the
33         right to all or a portion of the reimbursement
34         otherwise required by this paragraph (7.5). By
35         acceptance of this reimbursement the school district
36         waives the right to directly or indirectly set aside,

 

 

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

 

 

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1     the per-patron cost of providing library services so long
2     as it does not exceed $120. The per-patron cost shall be
3     the Total Operating Expenditures Per Capita as stated in
4     the most recent Illinois Public Library Statistics
5     produced by the Library Research Center at the University
6     of Illinois. The municipality may deduct from the amount
7     that it must pay to a library district under this paragraph
8     any amount that it has voluntarily paid to the library
9     district from the tax increment revenue. The amount paid to
10     a library district under this paragraph (7.7) shall be no
11     more than 2% of the amount produced by the assisted housing
12     units and deposited into the Special Tax Allocation Fund.
13         A library district is not eligible for any payment
14     under this paragraph (7.7) unless the library district has
15     experienced an increase in the number of patrons from the
16     municipality that created the tax-increment-financing
17     district since the designation of the redevelopment
18     project area.
19         Any library district seeking payment under this
20     paragraph (7.7) shall, after July 1 and before September 30
21     of each year, provide the municipality with convincing
22     evidence to support its claim for reimbursement before the
23     municipality shall be required to approve or make the
24     payment to the library district. If the library district
25     fails to provide the information during this period in any
26     year, it shall forfeit any claim to reimbursement for that
27     year. Library districts may adopt a resolution waiving the
28     right to all or a portion of the reimbursement otherwise
29     required by this paragraph (7.7). By acceptance of such
30     reimbursement, the library district shall forfeit any
31     right to directly or indirectly set aside, modify, or
32     contest in any manner whatsoever the establishment of the
33     redevelopment project area or projects;
34         (8) Relocation costs to the extent that a municipality
35     determines that relocation costs shall be paid or is
36     required to make payment of relocation costs by federal or

 

 

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1     State law or in order to satisfy subparagraph (7) of
2     subsection (n);
3         (9) Payment in lieu of taxes;
4         (10) Costs of job training, retraining, advanced
5     vocational education or career education, including but
6     not limited to courses in occupational, semi-technical or
7     technical fields leading directly to employment, incurred
8     by one or more taxing districts, provided that such costs
9     (i) are related to the establishment and maintenance of
10     additional job training, advanced vocational education or
11     career education programs for persons employed or to be
12     employed by employers located in a redevelopment project
13     area; and (ii) when incurred by a taxing district or taxing
14     districts other than the municipality, are set forth in a
15     written agreement by or among the municipality and the
16     taxing district or taxing districts, which agreement
17     describes the program to be undertaken, including but not
18     limited to the number of employees to be trained, a
19     description of the training and services to be provided,
20     the number and type of positions available or to be
21     available, itemized costs of the program and sources of
22     funds to pay for the same, and the term of the agreement.
23     Such costs include, specifically, the payment by community
24     college districts of costs pursuant to Sections 3-37, 3-38,
25     3-40 and 3-40.1 of the Public Community College Act and by
26     school districts of costs pursuant to Sections 10-22.20a
27     and 10-23.3a of The School Code;
28         (11) Interest cost incurred by a redeveloper related to
29     the construction, renovation or rehabilitation of a
30     redevelopment project provided that:
31             (A) such costs are to be paid directly from the
32         special tax allocation fund established pursuant to
33         this Act;
34             (B) such payments in any one year may not exceed
35         30% of the annual interest costs incurred by the
36         redeveloper with regard to the redevelopment project

 

 

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1         during that year;
2             (C) if there are not sufficient funds available in
3         the special tax allocation fund to make the payment
4         pursuant to this paragraph (11) then the amounts so due
5         shall accrue and be payable when sufficient funds are
6         available in the special tax allocation fund;
7             (D) the total of such interest payments paid
8         pursuant to this Act may not exceed 30% of the total
9         (i) cost paid or incurred by the redeveloper for the
10         redevelopment project plus (ii) redevelopment project
11         costs excluding any property assembly costs and any
12         relocation costs incurred by a municipality pursuant
13         to this Act; and
14             (E) the cost limits set forth in subparagraphs (B)
15         and (D) of paragraph (11) shall be modified for the
16         financing of rehabilitated or new housing units for
17         low-income households and very low-income households,
18         as defined in Section 3 of the Illinois Affordable
19         Housing Act. The percentage of 75% shall be substituted
20         for 30% in subparagraphs (B) and (D) of paragraph (11).
21             (F) Instead of the eligible costs provided by
22         subparagraphs (B) and (D) of paragraph (11), as
23         modified by this subparagraph, and notwithstanding any
24         other provisions of this Act to the contrary, the
25         municipality may pay from tax increment revenues up to
26         50% of the cost of construction of new housing units to
27         be occupied by low-income households and very
28         low-income households as defined in Section 3 of the
29         Illinois Affordable Housing Act. The cost of
30         construction of those units may be derived from the
31         proceeds of bonds issued by the municipality under this
32         Act or other constitutional or statutory authority or
33         from other sources of municipal revenue that may be
34         reimbursed from tax increment revenues or the proceeds
35         of bonds issued to finance the construction of that
36         housing.

 

 

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1             The eligible costs provided under this
2         subparagraph (F) of paragraph (11) shall be an eligible
3         cost for the construction, renovation, and
4         rehabilitation of all low and very low-income housing
5         units, as defined in Section 3 of the Illinois
6         Affordable Housing Act, within the redevelopment
7         project area. If the low and very low-income units are
8         part of a residential redevelopment project that
9         includes units not affordable to low and very
10         low-income households, only the low and very
11         low-income units shall be eligible for benefits under
12         subparagraph (F) of paragraph (11). The standards for
13         maintaining the occupancy by low-income households and
14         very low-income households, as defined in Section 3 of
15         the Illinois Affordable Housing Act, of those units
16         constructed with eligible costs made available under
17         the provisions of this subparagraph (F) of paragraph
18         (11) shall be established by guidelines adopted by the
19         municipality. The responsibility for annually
20         documenting the initial occupancy of the units by
21         low-income households and very low-income households,
22         as defined in Section 3 of the Illinois Affordable
23         Housing Act, shall be that of the then current owner of
24         the property. For ownership units, the guidelines will
25         provide, at a minimum, for a reasonable recapture of
26         funds, or other appropriate methods designed to
27         preserve the original affordability of the ownership
28         units. For rental units, the guidelines will provide,
29         at a minimum, for the affordability of rent to low and
30         very low-income households. As units become available,
31         they shall be rented to income-eligible tenants. The
32         municipality may modify these guidelines from time to
33         time; the guidelines, however, shall be in effect for
34         as long as tax increment revenue is being used to pay
35         for costs associated with the units or for the
36         retirement of bonds issued to finance the units or for

 

 

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1         the life of the redevelopment project area, whichever
2         is later.
3         (11.5) If the redevelopment project area is located
4     within a municipality with a population of more than
5     100,000, the cost of day care services for children of
6     employees from low-income families working for businesses
7     located within the redevelopment project area and all or a
8     portion of the cost of operation of day care centers
9     established by redevelopment project area businesses to
10     serve employees from low-income families working in
11     businesses located in the redevelopment project area. For
12     the purposes of this paragraph, "low-income families"
13     means families whose annual income does not exceed 80% of
14     the municipal, county, or regional median income, adjusted
15     for family size, as the annual income and municipal,
16     county, or regional median income are determined from time
17     to time by the United States Department of Housing and
18     Urban Development.
19         (12) Unless explicitly stated herein the cost of
20     construction of new privately-owned buildings shall not be
21     an eligible redevelopment project cost.
22         (13) After November 1, 1999 (the effective date of
23     Public Act 91-478), none of the redevelopment project costs
24     enumerated in this subsection shall be eligible
25     redevelopment project costs if those costs would provide
26     direct financial support to a retail entity initiating
27     operations in the redevelopment project area while
28     terminating operations at another Illinois location within
29     10 miles of the redevelopment project area but outside the
30     boundaries of the redevelopment project area municipality.
31     For purposes of this paragraph, termination means a closing
32     of a retail operation that is directly related to the
33     opening of the same operation or like retail entity owned
34     or operated by more than 50% of the original ownership in a
35     redevelopment project area, but it does not mean closing an
36     operation for reasons beyond the control of the retail

 

 

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1     entity, as documented by the retail entity, subject to a
2     reasonable finding by the municipality that the current
3     location contained inadequate space, had become
4     economically obsolete, or was no longer a viable location
5     for the retailer or serviceman.
6     If a special service area has been established pursuant to
7 the Special Service Area Tax Act or Special Service Area Tax
8 Law, then any tax increment revenues derived from the tax
9 imposed pursuant to the Special Service Area Tax Act or Special
10 Service Area Tax Law may be used within the redevelopment
11 project area for the purposes permitted by that Act or Law as
12 well as the purposes permitted by this Act.
13     (r) "State Sales Tax Boundary" means the redevelopment
14 project area or the amended redevelopment project area
15 boundaries which are determined pursuant to subsection (9) of
16 Section 11-74.4-8a of this Act. The Department of Revenue shall
17 certify pursuant to subsection (9) of Section 11-74.4-8a the
18 appropriate boundaries eligible for the determination of State
19 Sales Tax Increment.
20     (s) "State Sales Tax Increment" means an amount equal to
21 the increase in the aggregate amount of taxes paid by retailers
22 and servicemen, other than retailers and servicemen subject to
23 the Public Utilities Act, on transactions at places of business
24 located within a State Sales Tax Boundary pursuant to the
25 Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
26 Tax Act, and the Service Occupation Tax Act, except such
27 portion of such increase that is paid into the State and Local
28 Sales Tax Reform Fund, the Local Government Distributive Fund,
29 the Local Government Tax Fund and the County and Mass Transit
30 District Fund, for as long as State participation exists, over
31 and above the Initial Sales Tax Amounts, Adjusted Initial Sales
32 Tax Amounts or the Revised Initial Sales Tax Amounts for such
33 taxes as certified by the Department of Revenue and paid under
34 those Acts by retailers and servicemen on transactions at
35 places of business located within the State Sales Tax Boundary
36 during the base year which shall be the calendar year

 

 

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1 immediately prior to the year in which the municipality adopted
2 tax increment allocation financing, less 3.0% of such amounts
3 generated under the Retailers' Occupation Tax Act, Use Tax Act
4 and Service Use Tax Act and the Service Occupation Tax Act,
5 which sum shall be appropriated to the Department of Revenue to
6 cover its costs of administering and enforcing this Section.
7 For purposes of computing the aggregate amount of such taxes
8 for base years occurring prior to 1985, the Department of
9 Revenue shall compute the Initial Sales Tax Amount for such
10 taxes and deduct therefrom an amount equal to 4% of the
11 aggregate amount of taxes per year for each year the base year
12 is prior to 1985, but not to exceed a total deduction of 12%.
13 The amount so determined shall be known as the "Adjusted
14 Initial Sales Tax Amount". For purposes of determining the
15 State Sales Tax Increment the Department of Revenue shall for
16 each period subtract from the tax amounts received from
17 retailers and servicemen on transactions located in the State
18 Sales Tax Boundary, the certified Initial Sales Tax Amounts,
19 Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
20 Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
21 the Service Use Tax Act and the Service Occupation Tax Act. For
22 the State Fiscal Year 1989 this calculation shall be made by
23 utilizing the calendar year 1987 to determine the tax amounts
24 received. For the State Fiscal Year 1990, this calculation
25 shall be made by utilizing the period from January 1, 1988,
26 until September 30, 1988, to determine the tax amounts received
27 from retailers and servicemen, which shall have deducted
28 therefrom nine-twelfths of the certified Initial Sales Tax
29 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
30 Initial Sales Tax Amounts as appropriate. For the State Fiscal
31 Year 1991, this calculation shall be made by utilizing the
32 period from October 1, 1988, until June 30, 1989, to determine
33 the tax amounts received from retailers and servicemen, which
34 shall have deducted therefrom nine-twelfths of the certified
35 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
36 Amounts or the Revised Initial Sales Tax Amounts as

 

 

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1 appropriate. For every State Fiscal Year thereafter, the
2 applicable period shall be the 12 months beginning July 1 and
3 ending on June 30, to determine the tax amounts received which
4 shall have deducted therefrom the certified Initial Sales Tax
5 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
6 Initial Sales Tax Amounts. Municipalities intending to receive
7 a distribution of State Sales Tax Increment must report a list
8 of retailers to the Department of Revenue by October 31, 1988
9 and by July 31, of each year thereafter.
10     (t) "Taxing districts" means counties, townships, cities
11 and incorporated towns and villages, school, road, park,
12 sanitary, mosquito abatement, forest preserve, public health,
13 fire protection, river conservancy, tuberculosis sanitarium
14 and any other municipal corporations or districts with the
15 power to levy taxes.
16     (u) "Taxing districts' capital costs" means those costs of
17 taxing districts for capital improvements that are found by the
18 municipal corporate authorities to be necessary and directly
19 result from the redevelopment project.
20     (v) As used in subsection (a) of Section 11-74.4-3 of this
21 Act, "vacant land" means any parcel or combination of parcels
22 of real property without industrial, commercial, and
23 residential buildings which has not been used for commercial
24 agricultural purposes within 5 years prior to the designation
25 of the redevelopment project area, unless the parcel is
26 included in an industrial park conservation area or the parcel
27 has been subdivided; provided that if the parcel was part of a
28 larger tract that has been divided into 3 or more smaller
29 tracts that were accepted for recording during the period from
30 1950 to 1990, then the parcel shall be deemed to have been
31 subdivided, and all proceedings and actions of the municipality
32 taken in that connection with respect to any previously
33 approved or designated redevelopment project area or amended
34 redevelopment project area are hereby validated and hereby
35 declared to be legally sufficient for all purposes of this Act.
36 For purposes of this Section and only for land subject to the

 

 

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1 subdivision requirements of the Plat Act, land is subdivided
2 when the original plat of the proposed Redevelopment Project
3 Area or relevant portion thereof has been properly certified,
4 acknowledged, approved, and recorded or filed in accordance
5 with the Plat Act and a preliminary plat, if any, for any
6 subsequent phases of the proposed Redevelopment Project Area or
7 relevant portion thereof has been properly approved and filed
8 in accordance with the applicable ordinance of the
9 municipality.
10     (w) "Annual Total Increment" means the sum of each
11 municipality's annual Net Sales Tax Increment and each
12 municipality's annual Net Utility Tax Increment. The ratio of
13 the Annual Total Increment of each municipality to the Annual
14 Total Increment for all municipalities, as most recently
15 calculated by the Department, shall determine the proportional
16 shares of the Illinois Tax Increment Fund to be distributed to
17 each municipality.
18 (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05;
19 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-961, eff.
20 1-1-05; 93-983, eff. 8-23-04; 93-984, eff. 8-23-04; 93-985,
21 eff. 8-23-04; 93-986, eff. 8-23-04; 93-987, eff. 8-23-04;
22 93-995, eff. 8-23-04; 93-1024, eff. 8-25-04; 93-1076, eff.
23 1-18-05; 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; 94-297,
24 eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. 6-1-06;
25 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; revised 12-9-05.)
 
26     Section 95. No acceleration or delay. Where this Act makes
27 changes in a statute that is represented in this Act by text
28 that is not yet or no longer in effect (for example, a Section
29 represented by multiple versions), the use of that text does
30 not accelerate or delay the taking effect of (i) the changes
31 made by this Act or (ii) provisions derived from any other
32 Public Act.
 
33     Section 99. Effective date. This Act takes effect July 1,
34 2006.