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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| the Department.
|
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| (a-5) After the effective date of this amendatory Act of |
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| the 93rd General Assembly, the corporate authorities of |
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| Stephenson County may by ordinance propose the establishment of |
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| an economic development project area and fix a time and place |
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| for a public hearing, and shall submit a certified copy of the |
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| ordinance as adopted to the Department.
|
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| (a-10) The corporate authorities of Grundy County may, by |
9 |
| ordinance, propose the establishment of an economic |
10 |
| development project and fix a time and place for a public |
11 |
| hearing. Upon passage of the ordinance, the corporate |
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| authorities of Grundy County shall submit a certified copy of |
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| the ordinance, as adopted, to the Department.
|
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| (a-15) The corporate authorities of Will County may, by |
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| ordinance, propose the establishment of an economic |
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| development project area which shall include an intermodal |
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| terminal facility, as defined under Section 11-74.4-3.1 of the |
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| Illinois Municipal Code, and fix a time and place for a public |
19 |
| hearing. Upon passage of the ordinance, the corporate |
20 |
| authorities of Will County shall submit a certified copy of the |
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| ordinance, as adopted, to the Department.
|
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| (b) Any county which adopts an ordinance which fixes a |
23 |
| date, time and
place for a public hearing shall convene a joint |
24 |
| review board as
hereinafter provided. Not less than 45 days |
25 |
| prior to the date fixed for
the public hearing, the county |
26 |
| shall give notice by mailing to the chief
executive officer of |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| each affected taxing district having taxable property
included |
2 |
| in the proposed economic development project area and, if the |
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| ordinance is adopted by Stephenson County, the chief executive |
4 |
| officer of any municipality within Stephenson County having a |
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| population of more than 20,000 that such chief
executive |
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| officer or his designee is invited to participate in a joint
|
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| review board. The designee shall serve at the discretion of the |
8 |
| chief
executive officer of the taxing district for a term not |
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| to exceed 2 years.
Such notice shall advise each chief |
10 |
| executive officer of the date, time and
place of the first |
11 |
| meeting of such joint review board, which shall occur
not less |
12 |
| than 30 days prior to the date of the public hearing. Such |
13 |
| notice
by mail shall be given by depositing such notice in the |
14 |
| United States
Postal Service by certified mail.
|
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| At or prior to the first meeting of such joint review board |
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| the county
shall furnish to any member of such joint review |
17 |
| board copies of the
proposed economic development plan and any |
18 |
| related documents which such
member shall reasonably request. A |
19 |
| majority of the members of such joint
review board present at |
20 |
| any meeting shall constitute a quorum. Additional
meetings may |
21 |
| be called by any member of a joint review board upon the
giving |
22 |
| of notice not less than 72 hours prior to the date of any |
23 |
| additional
meeting to all members of the joint review board. |
24 |
| The joint review board
shall review such information and |
25 |
| material as its members reasonably deem
relevant to the |
26 |
| county's proposals to approve economic development plans
and |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| economic development projects and to designate economic |
2 |
| development
project areas. The county shall provide such |
3 |
| information and material
promptly upon the request of the joint |
4 |
| review board and may also provide
administrative support and |
5 |
| facilities as the joint review board may
reasonably require.
|
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| Within 30 days of its first meeting, a joint review board |
7 |
| shall provide
the county with a written report of its review of |
8 |
| any proposal to approve
an economic development plan and |
9 |
| economic development project and to
designate an economic |
10 |
| development project area. Such written report shall
include |
11 |
| such information and advisory, nonbinding recommendations as a
|
12 |
| majority of the members of the joint review board shall deem |
13 |
| relevant.
Written reports of joint review boards may include |
14 |
| information and
advisory, nonbinding recommendations provided |
15 |
| by a minority of the members
thereof. Any joint review board |
16 |
| which does not provide such written report
within such 30-day |
17 |
| period shall be deemed to have recommended that the
county |
18 |
| proceed with a proposal to approve an economic development plan |
19 |
| and
economic development project and to designate an economic |
20 |
| development
project area.
|
21 |
| (c) Notice of the public hearing shall be given by |
22 |
| publication and
mailing.
|
23 |
| (1) Notice by publication shall be given by publication |
24 |
| at least
twice, the first publication to be not more than |
25 |
| 30 nor less than 10 days
prior to the hearing in a |
26 |
| newspaper of general circulation within the
taxing |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| districts having property in the proposed economic |
2 |
| development
project area. Notice by mailing shall be given |
3 |
| by depositing such notice
together with a copy of the |
4 |
| proposed economic development plan in the
United States |
5 |
| Postal Service by certified mail addressed to the person or
|
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| persons in whose name the general taxes for the last |
7 |
| preceding year were
paid on each lot, block, tract, or |
8 |
| parcel of land lying within the proposed
economic |
9 |
| development project area. The notice shall be mailed not |
10 |
| less
than 10 days prior to the dates set for the public |
11 |
| hearing. In the event
taxes for the last preceding year |
12 |
| were not paid, the notice shall also be
sent to the persons |
13 |
| last listed on the tax rolls within the preceding 3
years |
14 |
| as the owners of the property.
|
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| (2) The notices issued pursuant to this Section shall |
16 |
| include the
following:
|
17 |
| (A) The time and place of public hearing;
|
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| (B) The boundaries of the proposed economic |
19 |
| development project area
by legal description and by |
20 |
| street location where possible;
|
21 |
| (C) A notification that all interested persons |
22 |
| will be given an
opportunity to be heard at the public |
23 |
| hearing;
|
24 |
| (D) An invitation for any person to submit |
25 |
| alternative proposals or bids
for any proposed |
26 |
| conveyance, lease, mortgage or other disposition of |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| land
within the proposed economic development project |
2 |
| area;
|
3 |
| (E) A description of the economic development plan |
4 |
| or economic
development project if a plan or project is |
5 |
| a subject matter of the
hearing; and
|
6 |
| (F) Such other matters as the county may deem |
7 |
| appropriate.
|
8 |
| (3) Not less than 45 days prior to the date set for |
9 |
| hearing, the county
shall give notice by mail as provided |
10 |
| in this subsection (c) to all taxing
districts of which |
11 |
| taxable property is included in the economic development
|
12 |
| project area, and to the Department. In addition to the |
13 |
| other requirements
under this subsection (c), the notice |
14 |
| shall include an invitation to the
Department and each |
15 |
| taxing district to submit comments to the county
concerning |
16 |
| the subject matter of the hearing prior to the date of the |
17 |
| hearing.
|
18 |
| (d) At the public hearing any interested person, the |
19 |
| Department or any
affected taxing district may file written |
20 |
| objections with the county clerk
and may be heard orally with |
21 |
| respect to any issues embodied in the notice.
The county shall |
22 |
| hear and determine all alternate proposals or bids for any
|
23 |
| proposed conveyance, lease, mortgage or other disposition of |
24 |
| land and all
protests and objections at the hearing, and the |
25 |
| hearing may be adjourned to
another date without further notice |
26 |
| other than a motion to be entered upon
the minutes fixing the |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| time and place of the adjourned hearing. Public
hearings with |
2 |
| regard to an economic development plan, economic development
|
3 |
| project area, or economic development project may be held |
4 |
| simultaneously.
|
5 |
| (e) At the public hearing, or at any time prior to the |
6 |
| adoption by the
county of an ordinance approving an economic |
7 |
| development plan, the county
may make changes in the economic |
8 |
| development plan. Changes which (1) alter
the exterior |
9 |
| boundaries of the proposed economic development project area,
|
10 |
| (2) substantially affect the general land uses established in |
11 |
| the proposed
economic development plan, (3) substantially |
12 |
| change the nature of the
proposed economic development plan, |
13 |
| (4) change the general description
of any proposed developer, |
14 |
| user or tenant of any property to be located or
improved within |
15 |
| the economic development project area, or (5) change the
|
16 |
| description of the type, class and number of employees to be |
17 |
| employed in
the operation of the facilities to be developed or |
18 |
| improved within the
economic development project area shall be |
19 |
| made only after review by joint
review board, notice and |
20 |
| hearing pursuant to the procedures set forth in
this Section. |
21 |
| Changes which do not (1) alter the exterior boundaries of a
|
22 |
| proposed economic development project area, (2) substantially |
23 |
| affect the
general land uses established in the proposed plan, |
24 |
| (3) substantially
change the nature of the proposed economic |
25 |
| development plan, (4) change the
general description of any |
26 |
| proposed developer, user or tenant of any
property to be |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| located or improved within the economic development project
|
2 |
| area, or (5) change the description of the type, class and |
3 |
| number of
employees to be employed in the operation of the |
4 |
| facilities to be developed
or improved within the economic |
5 |
| development project area may be made
without further notice or |
6 |
| hearing, provided that the county shall give
notice of its |
7 |
| changes by mail to the Department and to each affected taxing
|
8 |
| district and by publication in a newspaper or newspapers of |
9 |
| general
circulation with the affected taxing districts. Such |
10 |
| notice by mail and by
publication shall each occur not later |
11 |
| than 10 days following the adoption
by ordinance of such |
12 |
| changes.
|
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| (f) At any time within 90 days of the final adjournment
of |
14 |
| the public hearing, a county may, by ordinance, approve the |
15 |
| economic
development plan, establish the economic development |
16 |
| project area, and
authorize property tax allocation financing |
17 |
| for such economic development
project area. |
18 |
| Any ordinance adopted by Whiteside County which approves |
19 |
| the economic
development plan shall contain findings that the |
20 |
| economic development
project is reasonably expected to create |
21 |
| or retain not less than 500
full-time equivalent jobs, that |
22 |
| private investment in an amount not less
than $25,000,000 is |
23 |
| reasonably expected to occur in the
economic
development |
24 |
| project area, that the economic development project will
|
25 |
| encourage the increase of commerce and industry within the |
26 |
| State, thereby
reducing the evils attendant upon unemployment |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| and increasing opportunities
for personal income, and that the |
2 |
| economic development project will
increase or maintain the |
3 |
| property, sales and income tax bases of the county
and of the |
4 |
| State.
|
5 |
| Any ordinance adopted by Grundy County that approves the |
6 |
| economic
development plan shall contain findings that the |
7 |
| economic development
project is reasonably expected to create |
8 |
| or retain not less than 250
full-time equivalent jobs, that |
9 |
| private investment in an amount not less
than $50,000,000 is |
10 |
| reasonably expected to occur in the
economic
development |
11 |
| project area, that the economic development project will
|
12 |
| encourage the increase of commerce and industry within the |
13 |
| State, thereby
reducing the evils attendant upon unemployment |
14 |
| and increasing opportunities
for personal income, and that the |
15 |
| economic development project will
increase or maintain the |
16 |
| property, sales, and income tax bases of the county
and of the |
17 |
| State.
|
18 |
| Any ordinance adopted by Stephenson County that approves an |
19 |
| economic development plan shall contain findings that (i) the |
20 |
| economic development project is reasonably expected to create |
21 |
| or retain not less than 500 full-time equivalent jobs; (ii) |
22 |
| private investment in an amount not less than $10,000,000 is |
23 |
| reasonably expected to occur in the economic development area; |
24 |
| (iii) the economic development project will encourage the |
25 |
| increase of commerce and industry within the State, thereby |
26 |
| reducing the evils attendant upon unemployment and increasing |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| opportunities for personal income; and (iv) the economic |
2 |
| development project will increase or maintain the property, |
3 |
| sales, and income tax bases of the county and of the State. |
4 |
| Before the economic development project area is established by |
5 |
| Stephenson County, the following additional conditions must be |
6 |
| included in an intergovernmental agreement approved by both the |
7 |
| Stephenson County Board and the corporate authorities of the |
8 |
| City of Freeport: (i) the corporate authorities of the City of |
9 |
| Freeport must concur by resolution with the findings of |
10 |
| Stephenson County; (ii) both the corporate authorities of the |
11 |
| City of Freeport and the Stephenson County Board shall approve |
12 |
| any and all economic or redevelopment agreements and incentives |
13 |
| for any economic development project within the economic |
14 |
| development area; (iii) any economic development project that |
15 |
| receives funds under this Act, except for any economic |
16 |
| development project specifically excluded from annexation in |
17 |
| the provisions of the intergovernmental agreement, shall agree |
18 |
| to and must enter into an annexation agreement with the City of |
19 |
| Freeport to annex property included in the economic development |
20 |
| project area to the City of Freeport at the first point in time |
21 |
| that the property becomes contiguous to the City of Freeport; |
22 |
| (iv) the local share of all State occupation and use taxes |
23 |
| allocable to the City of Freeport and Stephenson County and |
24 |
| derived from commercial projects within the economic |
25 |
| development project area shall be equally shared by and between |
26 |
| the City of Freeport and Stephenson County for the duration of |
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| the economic development project; and (v) any development in |
2 |
| the economic development project area shall be built in |
3 |
| accordance with the building and related codes of both the City |
4 |
| of Freeport and Stephenson County and the City of Freeport |
5 |
| shall approve all provisions for water and sewer service.
|
6 |
| Any ordinance adopted by Will County that approves an |
7 |
| economic development plan shall contain findings that the |
8 |
| economic development project is expected to create or retain |
9 |
| not less than 500 full-time equivalent jobs, that private |
10 |
| investment in an amount not less than $50,000,000 is reasonably |
11 |
| expected to occur in the economic development project area, |
12 |
| that the economic development project will encourage the |
13 |
| increase of commerce and industry within the State, thereby |
14 |
| reducing the evils attendant upon unemployment and increasing |
15 |
| opportunities for personal income, and that the economic |
16 |
| development project will increase or maintain the property, |
17 |
| sales, and income tax bases of the County and of the State. |
18 |
| Municipal zoning restrictions under Section 11-13-1 of the |
19 |
| Illinois Municipal Code and the requirements of Section 9 of |
20 |
| the Plat Act shall not apply to economic development project |
21 |
| areas defined under this Act and located within unincorporated |
22 |
| Will County.
|
23 |
| The ordinance shall also state that the economic |
24 |
| development project area
shall not include parcels to be used |
25 |
| for purposes of residential
development.
Any ordinance adopted |
26 |
| which establishes an economic
development project area shall |
|
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| contain the boundaries of such area by legal
description and, |
2 |
| where possible, by street location. Any ordinance adopted
which |
3 |
| authorizes property tax allocation financing shall provide |
4 |
| that the
ad valorem taxes, if any, arising from the levies upon |
5 |
| taxable real
property in such economic development project area |
6 |
| by taxing districts and
tax rates determined in the manner |
7 |
| provided in subsection (b) of Section 6
of this Act each year |
8 |
| after the effective date of the ordinance until
economic |
9 |
| development project costs and all county obligations financing
|
10 |
| economic development project costs incurred under this Act have |
11 |
| been paid
shall be divided as follows:
|
12 |
| (1) That portion of taxes levied upon each taxable lot, |
13 |
| block, tract or
parcel of real property which is |
14 |
| attributable to the lower of the current
equalized assessed |
15 |
| value or the initial equalized assessed value of each
such |
16 |
| taxable lot, block, tract or parcel of real property in the |
17 |
| economic
development project area shall be allocated to, |
18 |
| and when collected, shall
be paid by the county collector |
19 |
| to the respective affected taxing districts
in the manner |
20 |
| required by law in the absence of the adoption of property |
21 |
| tax
allocation financing.
|
22 |
| (2) That portion, if any, of such taxes which is |
23 |
| attributable to the
increase in the current equalized |
24 |
| assessed valuation of each taxable lot,
block, tract or |
25 |
| parcel of real property in the economic development project
|
26 |
| area over and above the initial equalized assessed value of |
|
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| each property
in the economic development project area |
2 |
| shall be allocated to and when
collected shall be paid to |
3 |
| the county treasurer who shall deposit those
taxes into a |
4 |
| special fund called the special tax allocation fund of the
|
5 |
| county for the purpose of paying economic development |
6 |
| project costs and
obligations incurred in the payment |
7 |
| thereof.
|
8 |
| (g) After a county has by ordinance approved an economic |
9 |
| development plan
and established an economic development |
10 |
| project area, the plan may be
amended and the boundaries of the |
11 |
| area may be altered only as herein
provided. Amendments which |
12 |
| (1) alter the exterior boundaries of an
economic development |
13 |
| project area, (2) substantially affect the general
land uses |
14 |
| established pursuant to the economic development plan, (3)
|
15 |
| substantially change the nature of the economic development |
16 |
| plan, (4)
change the general description of any proposed |
17 |
| developer, user, or tenant
of any property to be located or |
18 |
| improved within the economic development
project area, or (5) |
19 |
| change the description of the type, class and number
of |
20 |
| employees to be employed in the operation of the facilities to |
21 |
| be
developed or improved shall be made only after review by a |
22 |
| joint review
board, notice and hearing pursuant to the |
23 |
| procedures set forth in this
Section. Amendments which do not |
24 |
| (1) alter the exterior boundaries of an
economic development |
25 |
| project area, (2) substantially affect the general
land uses |
26 |
| established in the economic development plan, (3) |
|
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|
09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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| substantially
change the nature of the economic development |
2 |
| plan, (4) change the
description of any proposed developer, |
3 |
| user, or tenant of any property to
be located or improved |
4 |
| within the economic development project area, or (5)
change the |
5 |
| description of the type, class and number of employees to be
|
6 |
| employed in the operation of the facilities to be developed or |
7 |
| improved
within the economic development project area may be |
8 |
| made without further
hearing or notice, provided that the |
9 |
| county shall give notice of any
amendment by mail to the |
10 |
| Department and to each taxing district and by
publication in a |
11 |
| newspaper or newspapers of general circulation within the
|
12 |
| affected taxing districts. Such notices by mail and by |
13 |
| publication shall
each occur not later than 10 days following |
14 |
| the adoption by ordinance of
such amendments.
|
15 |
| (h) After the adoption of an ordinance adopting property |
16 |
| tax allocation
financing for an economic development project |
17 |
| area, the county
shall annually report to each taxing district |
18 |
| having taxable property
within such economic development |
19 |
| project area (i) any increase or decrease
in the equalized |
20 |
| assessed value of the real property located within such
|
21 |
| economic development project area above or below the initial |
22 |
| equalized
assessed value of such real property, (ii) that |
23 |
| portion, if any, of the ad
valorem taxes arising from the |
24 |
| levies upon taxable real property in such
economic development |
25 |
| project area by the taxing districts which is
attributable to |
26 |
| the increase in the current equalized assessed valuation of
|
|
|
|
09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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1 |
| each lot, block, tract or parcel of real property in the |
2 |
| economic
development project area over and above the initial |
3 |
| equalized value of each
property and which has been allocated |
4 |
| to the county in the current year,
and (iii) such other |
5 |
| information as the county may deem relevant.
|
6 |
| (i) The county shall give notice by mail as provided in |
7 |
| this Section and
shall reconvene the joint review board not |
8 |
| less than annually for each of
the 2 years following its |
9 |
| adoption of an ordinance adopting property tax
allocation |
10 |
| financing for an economic development project area and not less
|
11 |
| than once in each 3-year period thereafter. The county shall |
12 |
| provide such
information, and may provide administrative |
13 |
| support and facilities as the
joint review board may reasonably |
14 |
| require for each of such meetings.
|
15 |
| (Source: P.A. 93-959, eff. 8-20-04; 94-259, eff. 1-1-06.)
|
16 |
| Section 10. The Plat Act is amended by changing Section 9 |
17 |
| as follows:
|
18 |
| (765 ILCS 205/9) (from Ch. 109, par. 9)
|
19 |
| Sec. 9. Whenever any highway, road, street, alley, public |
20 |
| ground,
toll-road, railroad, reservoir or canal is laid out, |
21 |
| located, opened,
widened or extended, or its location altered, |
22 |
| it is the duty of the
commissioners, authorities, officers, |
23 |
| persons or corporations, public or
private, laying out, |
24 |
| locating, opening, widening, extending or altering
the same, to |
|
|
|
09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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|
1 |
| make a plat, showing its width, courses and extent, and
making |
2 |
| reference to known and established corners or monuments. When
|
3 |
| the location of a subdivision, lots or parcel within a |
4 |
| subdivision,
tract, highway, road, street, alley, public |
5 |
| ground, toll-road, railroad,
reservoir or canal is known either |
6 |
| by established corners or adequate,
existing records, the |
7 |
| monument or monuments shall be located and
referenced either by |
8 |
| or under the direction of a Registered Land
Surveyor at the |
9 |
| time such highway, road, street, alley, public ground,
|
10 |
| toll-road, railroad, reservoir or canal is laid out, located, |
11 |
| widened or
extended, or its location altered. Suitable |
12 |
| permanent monuments shall
be reset in the surface of new |
13 |
| construction or permanent witness
monuments set to perpetuate |
14 |
| their location and certified as correct by a
Registered Land |
15 |
| Surveyor. The plat shall be recorded in the office of
the |
16 |
| recorder of the county in which the premises are taken or used, |
17 |
| or
any part thereof, are situated, or in case of land the title |
18 |
| to which is
registered under "An Act concerning land titles", |
19 |
| approved May 1, 1897,
as amended, to be filed in the office of |
20 |
| the registrar of titles for the
county, within 6 months after |
21 |
| such highway, road, street, alley, public ground,
toll-road, |
22 |
| railroad, reservoir or canal is laid out, located, opened, |
23 |
| widened,
or extended, or the location thereof altered and when |
24 |
| any highway, road,
street, alley, public ground, toll-road, |
25 |
| railroad, reservoir or canal is
vacated, the order, ordinance |
26 |
| or other declaration of vacation must be in like
manner |
|
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09500HB2306sam001 |
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LRB095 01483 HLH 38228 a |
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|
1 |
| recorded or filed. The recorder or registrar of titles shall |
2 |
| not record
or register a plat offered for recording or |
3 |
| registration after October 1, 1977,
unless such plat is at |
4 |
| least 8 1/2 inches by 14 inches but not more than 30
inches by |
5 |
| 36 inches. Sufficient controlling monuments
shall be retained |
6 |
| or replaced in their original positions or reference
monuments |
7 |
| established from original controlling monuments, so as to |
8 |
| enable land
lines, property corners or tract boundaries to be |
9 |
| re-established without
surveys based on monuments differing |
10 |
| from the ones which currently control the
area. Every land |
11 |
| surveyor is under a duty to cooperate in matters of maps,
field |
12 |
| notes and other pertinent records. This Act shall not be |
13 |
| construed to
alter or affect any law specifically providing for |
14 |
| the recording or filing of
any plat, or to require the same to |
15 |
| be recorded or filed sooner than is so
specifically provided; |
16 |
| except that any requirements to record or file such plat
in any |
17 |
| other place than is provided herein do not excuse the parties |
18 |
| from
complying with this Act. Any party who refuses or neglects |
19 |
| to comply with this
Section shall be guilty of a petty offense |
20 |
| for every month he continues in such
refusal or neglect after |
21 |
| conviction, to be recovered by an action in the
circuit court |
22 |
| of the county, in the name of the county, 1/2 to the use of the
|
23 |
| county and the other 1/2 to the use of the person complaining.
|
24 |
| The provisions of this Section shall not apply to a |
25 |
| railroad subject to the
jurisdiction of the Interstate Commerce |
26 |
| Commission or any abandonment of all or
a portion of such |