Illinois General Assembly - Full Text of HB1867
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Full Text of HB1867  95th General Assembly

HB1867ham001 95TH GENERAL ASSEMBLY

Revenue Committee

Adopted in House Comm. on Mar 13, 2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1867

2     AMENDMENT NO. ______. Amend House Bill 1867 by replacing
3 everything after the enacting clause with the following:
 
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     Sec. 11-74.4-3. Definitions. The following terms, wherever
8 used or referred to in this Division 74.4 shall have the
9 following respective meanings, unless in any case a different
10 meaning clearly appears from the context.
11     (a) For any redevelopment project area that has been
12 designated pursuant to this Section by an ordinance adopted
13 prior to November 1, 1999 (the effective date of Public Act
14 91-478), "blighted area" shall have the meaning set forth in
15 this Section prior to that date.
16     On and after November 1, 1999, "blighted area" means any

 

 

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1 improved or vacant area within the boundaries of a
2 redevelopment project area located within the territorial
3 limits of the municipality where:
4         (1) If improved, industrial, commercial, and
5     residential buildings or improvements are detrimental to
6     the public safety, health, or welfare because of a
7     combination of 5 or more of the following factors, each of
8     which is (i) present, with that presence documented, to a
9     meaningful extent so that a municipality may reasonably
10     find that the factor is clearly present within the intent
11     of the Act and (ii) reasonably distributed throughout the
12     improved part of the redevelopment project area:
13             (A) Dilapidation. An advanced state of disrepair
14         or neglect of necessary repairs to the primary
15         structural components of buildings or improvements in
16         such a combination that a documented building
17         condition analysis determines that major repair is
18         required or the defects are so serious and so extensive
19         that the buildings must be removed.
20             (B) Obsolescence. The condition or process of
21         falling into disuse. Structures have become ill-suited
22         for the original use.
23             (C) Deterioration. With respect to buildings,
24         defects including, but not limited to, major defects in
25         the secondary building components such as doors,
26         windows, porches, gutters and downspouts, and fascia.

 

 

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1         With respect to surface improvements, that the
2         condition of roadways, alleys, curbs, gutters,
3         sidewalks, off-street parking, and surface storage
4         areas evidence deterioration, including, but not
5         limited to, surface cracking, crumbling, potholes,
6         depressions, loose paving material, and weeds
7         protruding through paved surfaces.
8             (D) Presence of structures below minimum code
9         standards. All structures that do not meet the
10         standards of zoning, subdivision, building, fire, and
11         other governmental codes applicable to property, but
12         not including housing and property maintenance codes.
13             (E) Illegal use of individual structures. The use
14         of structures in violation of applicable federal,
15         State, or local laws, exclusive of those applicable to
16         the presence of structures below minimum code
17         standards.
18             (F) Excessive vacancies. The presence of buildings
19         that are unoccupied or under-utilized and that
20         represent an adverse influence on the area because of
21         the frequency, extent, or duration of the vacancies.
22             (G) Lack of ventilation, light, or sanitary
23         facilities. The absence of adequate ventilation for
24         light or air circulation in spaces or rooms without
25         windows, or that require the removal of dust, odor,
26         gas, smoke, or other noxious airborne materials.

 

 

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1         Inadequate natural light and ventilation means the
2         absence of skylights or windows for interior spaces or
3         rooms and improper window sizes and amounts by room
4         area to window area ratios. Inadequate sanitary
5         facilities refers to the absence or inadequacy of
6         garbage storage and enclosure, bathroom facilities,
7         hot water and kitchens, and structural inadequacies
8         preventing ingress and egress to and from all rooms and
9         units within a building.
10             (H) Inadequate utilities. Underground and overhead
11         utilities such as storm sewers and storm drainage,
12         sanitary sewers, water lines, and gas, telephone, and
13         electrical services that are shown to be inadequate.
14         Inadequate utilities are those that are: (i) of
15         insufficient capacity to serve the uses in the
16         redevelopment project area, (ii) deteriorated,
17         antiquated, obsolete, or in disrepair, or (iii)
18         lacking within the redevelopment project area.
19             (I) Excessive land coverage and overcrowding of
20         structures and community facilities. The
21         over-intensive use of property and the crowding of
22         buildings and accessory facilities onto a site.
23         Examples of problem conditions warranting the
24         designation of an area as one exhibiting excessive land
25         coverage are: (i) the presence of buildings either
26         improperly situated on parcels or located on parcels of

 

 

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1         inadequate size and shape in relation to present-day
2         standards of development for health and safety and (ii)
3         the presence of multiple buildings on a single parcel.
4         For there to be a finding of excessive land coverage,
5         these parcels must exhibit one or more of the following
6         conditions: insufficient provision for light and air
7         within or around buildings, increased threat of spread
8         of fire due to the close proximity of buildings, lack
9         of adequate or proper access to a public right-of-way,
10         lack of reasonably required off-street parking, or
11         inadequate provision for loading and service.
12             (J) Deleterious land use or layout. The existence
13         of incompatible land-use relationships, buildings
14         occupied by inappropriate mixed-uses, or uses
15         considered to be noxious, offensive, or unsuitable for
16         the surrounding area.
17             (K) Environmental clean-up. The proposed
18         redevelopment project area has incurred Illinois
19         Environmental Protection Agency or United States
20         Environmental Protection Agency remediation costs for,
21         or a study conducted by an independent consultant
22         recognized as having expertise in environmental
23         remediation has determined a need for, the clean-up of
24         hazardous waste, hazardous substances, or underground
25         storage tanks required by State or federal law,
26         provided that the remediation costs constitute a

 

 

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1         material impediment to the development or
2         redevelopment of the redevelopment project area.
3             (L) Lack of community planning. The proposed
4         redevelopment project area was developed prior to or
5         without the benefit or guidance of a community plan.
6         This means that the development occurred prior to the
7         adoption by the municipality of a comprehensive or
8         other community plan or that the plan was not followed
9         at the time of the area's development. This factor must
10         be documented by evidence of adverse or incompatible
11         land-use relationships, inadequate street layout,
12         improper subdivision, parcels of inadequate shape and
13         size to meet contemporary development standards, or
14         other evidence demonstrating an absence of effective
15         community planning.
16             (M) The total equalized assessed value of the
17         proposed redevelopment project area has declined for 3
18         of the last 5 calendar years prior to the year in which
19         the redevelopment project area is designated or is
20         increasing at an annual rate that is less than the
21         balance of the municipality for 3 of the last 5
22         calendar years for which information is available or is
23         increasing at an annual rate that is less than the
24         Consumer Price Index for All Urban Consumers published
25         by the United States Department of Labor or successor
26         agency for 3 of the last 5 calendar years prior to the

 

 

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

 

 

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1             (D) Deterioration of structures or site
2         improvements in neighboring areas adjacent to the
3         vacant land.
4             (E) The area has incurred Illinois Environmental
5         Protection Agency or United States Environmental
6         Protection Agency remediation costs for, or a study
7         conducted by an independent consultant recognized as
8         having expertise in environmental remediation has
9         determined a need for, the clean-up of hazardous waste,
10         hazardous substances, or underground storage tanks
11         required by State or federal law, provided that the
12         remediation costs constitute a material impediment to
13         the development or redevelopment of the redevelopment
14         project area.
15             (F) The total equalized assessed value of the
16         proposed redevelopment project area has declined for 3
17         of the last 5 calendar years prior to the year in which
18         the redevelopment project area is designated or is
19         increasing at an annual rate that is less than the
20         balance of the municipality for 3 of the last 5
21         calendar years for which information is available or is
22         increasing at an annual rate that is less than the
23         Consumer Price Index for All Urban Consumers published
24         by the United States Department of Labor or successor
25         agency for 3 of the last 5 calendar years prior to the
26         year in which the redevelopment project area is

 

 

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1         designated.
2         (3) If vacant, the sound growth of the redevelopment
3     project area is impaired by one of the following factors
4     that (i) is present, with that presence documented, to a
5     meaningful extent so that a municipality may reasonably
6     find that the factor is clearly present within the intent
7     of the Act and (ii) is reasonably distributed throughout
8     the vacant part of the redevelopment project area to which
9     it pertains:
10             (A) The area consists of one or more unused
11         quarries, mines, or strip mine ponds.
12             (B) The area consists of unused rail yards, rail
13         tracks, or railroad rights-of-way.
14             (C) The area, prior to its designation, is subject
15         to (i) chronic flooding that adversely impacts on real
16         property in the area as certified by a registered
17         professional engineer or appropriate regulatory agency
18         or (ii) surface water that discharges from all or a
19         part of the area and contributes to flooding within the
20         same watershed, but only if the redevelopment project
21         provides for facilities or improvements to contribute
22         to the alleviation of all or part of the flooding.
23             (D) The area consists of an unused or illegal
24         disposal site containing earth, stone, building
25         debris, or similar materials that were removed from
26         construction, demolition, excavation, or dredge sites.

 

 

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1             (E) Prior to November 1, 1999, the area is not less
2         than 50 nor more than 100 acres and 75% of which is
3         vacant (notwithstanding that the area has been used for
4         commercial agricultural purposes within 5 years prior
5         to the designation of the redevelopment project area),
6         and the area meets at least one of the factors itemized
7         in paragraph (1) of this subsection, the area has been
8         designated as a town or village center by ordinance or
9         comprehensive plan adopted prior to January 1, 1982,
10         and the area has not been developed for that designated
11         purpose.
12             (F) The area qualified as a blighted improved area
13         immediately prior to becoming vacant, unless there has
14         been substantial private investment in the immediately
15         surrounding area.
16     (b) For any redevelopment project area that has been
17 designated pursuant to this Section by an ordinance adopted
18 prior to November 1, 1999 (the effective date of Public Act
19 91-478), "conservation area" shall have the meaning set forth
20 in this Section prior to that date.
21     On and after November 1, 1999, "conservation area" means
22 any improved area within the boundaries of a redevelopment
23 project area located within the territorial limits of the
24 municipality in which 50% or more of the structures in the area
25 have an age of 35 years or more. Such an area is not yet a
26 blighted area but because of a combination of 3 or more of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09500HB1867ham001 - 19 - LRB095 09915 BDD 48240 a

1 October 1, 1988, to June 30, 1989, to determine the tax amounts
2 received from retailers and servicemen pursuant to the
3 Municipal Retailers' Occupation Tax and the Municipal Service
4 Occupation Tax Act which shall have deducted therefrom
5 nine-twelfths of the certified Initial Sales Tax Amounts,
6 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
7 Tax Amounts as appropriate. For every State Fiscal Year
8 thereafter, the applicable period shall be the 12 months
9 beginning July 1 and ending June 30 to determine the tax
10 amounts received which shall have deducted therefrom the
11 certified Initial Sales Tax Amounts, the Adjusted Initial Sales
12 Tax Amounts or the Revised Initial Sales Tax Amounts, as the
13 case may be.
14     (i) "Net State Sales Tax Increment" means the sum of the
15 following: (a) 80% of the first $100,000 of State Sales Tax
16 Increment annually generated within a State Sales Tax Boundary;
17 (b) 60% of the amount in excess of $100,000 but not exceeding
18 $500,000 of State Sales Tax Increment annually generated within
19 a State Sales Tax Boundary; and (c) 40% of all amounts in
20 excess of $500,000 of State Sales Tax Increment annually
21 generated within a State Sales Tax Boundary. If, however, a
22 municipality established a tax increment financing district in
23 a county with a population in excess of 3,000,000 before
24 January 1, 1986, and the municipality entered into a contract
25 or issued bonds after January 1, 1986, but before December 31,
26 1986, to finance redevelopment project costs within a State

 

 

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1 Sales Tax Boundary, then the Net State Sales Tax Increment
2 means, for the fiscal years beginning July 1, 1990, and July 1,
3 1991, 100% of the State Sales Tax Increment annually generated
4 within a State Sales Tax Boundary; and notwithstanding any
5 other provision of this Act, for those fiscal years the
6 Department of Revenue shall distribute to those municipalities
7 100% of their Net State Sales Tax Increment before any
8 distribution to any other municipality and regardless of
9 whether or not those other municipalities will receive 100% of
10 their Net State Sales Tax Increment. For Fiscal Year 1999, and
11 every year thereafter until the year 2007, for any municipality
12 that has not entered into a contract or has not issued bonds
13 prior to June 1, 1988 to finance redevelopment project costs
14 within a State Sales Tax Boundary, the Net State Sales Tax
15 Increment shall be calculated as follows: By multiplying the
16 Net State Sales Tax Increment by 90% in the State Fiscal Year
17 1999; 80% in the State Fiscal Year 2000; 70% in the State
18 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
19 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
20 in the State Fiscal Year 2005; 20% in the State Fiscal Year
21 2006; and 10% in the State Fiscal Year 2007. No payment shall
22 be made for State Fiscal Year 2008 and thereafter.
23     Municipalities that issued bonds in connection with a
24 redevelopment project in a redevelopment project area within
25 the State Sales Tax Boundary prior to July 29, 1991, or that
26 entered into contracts in connection with a redevelopment

 

 

09500HB1867ham001 - 21 - LRB095 09915 BDD 48240 a

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

 

 

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1 project area under Section 9-222 of the Public Utilities Act,
2 over and above the aggregate of such charges as certified by
3 the Department of Revenue and paid by owners and tenants, other
4 than residential customers, of properties within the
5 redevelopment project area during the base year, which shall be
6 the calendar year immediately prior to the year of the adoption
7 of the ordinance authorizing tax increment allocation
8 financing.
9     (k) "Net State Utility Tax Increment" means the sum of the
10 following: (a) 80% of the first $100,000 of State Utility Tax
11 Increment annually generated by a redevelopment project area;
12 (b) 60% of the amount in excess of $100,000 but not exceeding
13 $500,000 of the State Utility Tax Increment annually generated
14 by a redevelopment project area; and (c) 40% of all amounts in
15 excess of $500,000 of State Utility Tax Increment annually
16 generated by a redevelopment project area. For the State Fiscal
17 Year 1999, and every year thereafter until the year 2007, for
18 any municipality that has not entered into a contract or has
19 not issued bonds prior to June 1, 1988 to finance redevelopment
20 project costs within a redevelopment project area, the Net
21 State Utility Tax Increment shall be calculated as follows: By
22 multiplying the Net State Utility Tax Increment by 90% in the
23 State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
24 in the State Fiscal Year 2001; 60% in the State Fiscal Year
25 2002; 50% in the State Fiscal Year 2003; 40% in the State
26 Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the

 

 

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

 

 

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1 property and adopted tax increment allocation financing and
2 which would result from levies made after the time of the
3 adoption of tax increment allocation financing to the time the
4 current equalized value of real property in the redevelopment
5 project area exceeds the total initial equalized value of real
6 property in said area.
7     (n) "Redevelopment plan" means the comprehensive program
8 of the municipality for development or redevelopment intended
9 by the payment of redevelopment project costs to reduce or
10 eliminate those conditions the existence of which qualified the
11 redevelopment project area as a "blighted area" or
12 "conservation area" or combination thereof or "industrial park
13 conservation area," and thereby to enhance the tax bases of the
14 taxing districts which extend into the redevelopment project
15 area. On and after November 1, 1999 (the effective date of
16 Public Act 91-478), no redevelopment plan may be approved or
17 amended that includes the development of vacant land (i) with a
18 golf course and related clubhouse and other facilities or (ii)
19 designated by federal, State, county, or municipal government
20 as public land for outdoor recreational activities or for
21 nature preserves and used for that purpose within 5 years prior
22 to the adoption of the redevelopment plan. For the purpose of
23 this subsection, "recreational activities" is limited to mean
24 camping and hunting. Each redevelopment plan shall set forth in
25 writing the program to be undertaken to accomplish the
26 objectives and shall include but not be limited to:

 

 

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1         (A) an itemized list of estimated redevelopment
2     project costs;
3         (B) evidence indicating that the redevelopment project
4     area on the whole has not been subject to growth and
5     development through investment by private enterprise;
6         (C) an assessment of any financial impact of the
7     redevelopment project area on or any increased demand for
8     services from any taxing district affected by the plan and
9     any program to address such financial impact or increased
10     demand;
11         (D) the sources of funds to pay costs;
12         (E) the nature and term of the obligations to be
13     issued;
14         (F) the most recent equalized assessed valuation of the
15     redevelopment project area;
16         (G) an estimate as to the equalized assessed valuation
17     after redevelopment and the general land uses to apply in
18     the redevelopment project area;
19         (H) a commitment to fair employment practices and an
20     affirmative action plan;
21         (I) if it concerns an industrial park conservation
22     area, the plan shall also include a general description of
23     any proposed developer, user and tenant of any property, a
24     description of the type, structure and general character of
25     the facilities to be developed, a description of the type,
26     class and number of new employees to be employed in the

 

 

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1     operation of the facilities to be developed; and
2         (J) if property is to be annexed to the municipality,
3     the plan shall include the terms of the annexation
4     agreement.
5     The provisions of items (B) and (C) of this subsection (n)
6 shall not apply to a municipality that before March 14, 1994
7 (the effective date of Public Act 88-537) had fixed, either by
8 its corporate authorities or by a commission designated under
9 subsection (k) of Section 11-74.4-4, a time and place for a
10 public hearing as required by subsection (a) of Section
11 11-74.4-5. No redevelopment plan shall be adopted unless a
12 municipality complies with all of the following requirements:
13         (1) The municipality finds that the redevelopment
14     project area on the whole has not been subject to growth
15     and development through investment by private enterprise
16     and would not reasonably be anticipated to be developed
17     without the adoption of the redevelopment plan.
18         (2) The municipality finds that the redevelopment plan
19     and project conform to the comprehensive plan for the
20     development of the municipality as a whole, or, for
21     municipalities with a population of 100,000 or more,
22     regardless of when the redevelopment plan and project was
23     adopted, the redevelopment plan and project either: (i)
24     conforms to the strategic economic development or
25     redevelopment plan issued by the designated planning
26     authority of the municipality, or (ii) includes land uses

 

 

09500HB1867ham001 - 27 - LRB095 09915 BDD 48240 a

1     that have been approved by the planning commission of the
2     municipality.
3         (3) The redevelopment plan establishes the estimated
4     dates of completion of the redevelopment project and
5     retirement of obligations issued to finance redevelopment
6     project costs. Those dates: shall not be later than
7     December 31 of the year in which the payment to the
8     municipal treasurer as provided in subsection (b) of
9     Section 11-74.4-8 of this Act is to be made with respect to
10     ad valorem taxes levied in the twenty-third calendar year
11     after the year in which the ordinance approving the
12     redevelopment project area is adopted if the ordinance was
13     adopted on or after January 15, 1981; shall not be later
14     than December 31 of the year in which the payment to the
15     municipal treasurer as provided in subsection (b) of
16     Section 11-74.4-8 of this Act is to be made with respect to
17     ad valorem taxes levied in the thirty-third calendar year
18     after the year in which the ordinance approving the
19     redevelopment project area if the ordinance was adopted on
20     May 20, 1985 by the Village of Wheeling; and shall not be
21     later than December 31 of the year in which the payment to
22     the municipal treasurer as provided in subsection (b) of
23     Section 11-74.4-8 of this Act is to be made with respect to
24     ad valorem taxes levied in the thirty-fifth calendar year
25     after the year in which the ordinance approving the
26     redevelopment project area is adopted:

 

 

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

 

 

09500HB1867ham001 - 29 - LRB095 09915 BDD 48240 a

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

 

 

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1             (V) if the ordinance was adopted on December 23,
2         1986 by the City of Beardstown, or
3             (W) if the ordinance was adopted on April 27, 1981,
4         October 21, 1985, or December 30, 1986 by the City of
5         Belleville, or
6             (X) if the ordinance was adopted on December 29,
7         1986 by the City of Collinsville, or
8             (Y) if the ordinance was adopted on September 14,
9         1994 by the City of Alton, or
10             (Z) if the ordinance was adopted on November 11,
11         1996 by the City of Lexington, or
12             (AA) if the ordinance was adopted on November 5,
13         1984 by the City of LeRoy, or
14             (BB) if the ordinance was adopted on April 3, 1991
15         or June 3, 1992 by the City of Markham, or
16             (CC) if the ordinance was adopted on November 11,
17         1986 by the City of Pekin, or
18             (DD) if the ordinance was adopted on December 15,
19         1981 by the City of Champaign, or
20             (EE) if the ordinance was adopted on December 15,
21         1986 by the City of Urbana, or
22             (FF) if the ordinance was adopted on December 15,
23         1986 by the Village of Heyworth, or
24             (GG) if the ordinance was adopted on February 24,
25         1992 by the Village of Heyworth, or
26             (HH) if the ordinance was adopted on March 16, 1995

 

 

09500HB1867ham001 - 31 - LRB095 09915 BDD 48240 a

1         by the Village of Heyworth, or
2             (II) if the ordinance was adopted on December 23,
3         1986 by the Town of Cicero, or
4             (JJ) if the ordinance was adopted on December 30,
5         1986 by the City of Effingham, or
6             (KK) if the ordinance was adopted on May 9, 1991 by
7         the Village of Tilton, or
8             (LL) if the ordinance was adopted on October 20,
9         1986 by the City of Elmhurst, or
10             (MM) if the ordinance was adopted on January 19,
11         1988 by the City of Waukegan, or
12             (NN) if the ordinance was adopted on September 21,
13         1998 by the City of Waukegan, or
14             (OO) if the ordinance was adopted on December 31,
15         1986 by the City of Sullivan, or
16             (PP) if the ordinance was adopted on December 23,
17         1991 by the City of Sullivan, or
18             (QQ) if the ordinance was adopted on December 31,
19         1986 by the City of Oglesby, or
20             (RR) if the ordinance was adopted on July 28, 1987
21         by the City of Marion, or
22             (SS) if the ordinance was adopted on April 23, 1990
23         by the City of Marion, or
24             (TT) if the ordinance was adopted on August 20,
25         1985 by the Village of Mount Prospect, or
26             (UU) if the ordinance was adopted on February 2,

 

 

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

 

 

09500HB1867ham001 - 33 - LRB095 09915 BDD 48240 a

1         the City of Villa Grove, or .
2             (III) (CCC) if the ordinance was adopted on January
3         13, 1987 by the Village of Mt. Zion, or .
4             (JJJ) (CCC) if the ordinance was adopted on
5         December 30, 1986 by the Village of Manteno, ; or
6             (KKK) (DDD) if the ordinance was adopted on April
7         3, 1989 by the City of Chicago Heights, ; or
8             (LLL) (EEE) if the ordinance was adopted on January
9         6, 1999 by the Village of Rosemont, or
10             (MMM) (FFF) if the ordinance was adopted on
11         December 19, 2000 by the Village of Stone Park, or .
12             (NNN) (CCC) if the ordinance was adopted on
13         December 22, 1986 by the City of DeKalb.
14         However, for redevelopment project areas for which
15     bonds were issued before July 29, 1991, or for which
16     contracts were entered into before June 1, 1988, in
17     connection with a redevelopment project in the area within
18     the State Sales Tax Boundary, the estimated dates of
19     completion of the redevelopment project and retirement of
20     obligations to finance redevelopment project costs may be
21     extended by municipal ordinance to December 31, 2013. The
22     termination procedures of subsection (b) of Section
23     11-74.4-8 are not required for these redevelopment project
24     areas in 2009 but are required in 2013. The extension
25     allowed by this amendatory Act of 1993 shall not apply to
26     real property tax increment allocation financing under

 

 

09500HB1867ham001 - 34 - LRB095 09915 BDD 48240 a

1     Section 11-74.4-8.
2         A municipality may by municipal ordinance amend an
3     existing redevelopment plan to conform to this paragraph
4     (3) as amended by Public Act 91-478, which municipal
5     ordinance may be adopted without further hearing or notice
6     and without complying with the procedures provided in this
7     Act pertaining to an amendment to or the initial approval
8     of a redevelopment plan and project and designation of a
9     redevelopment project area.
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 adopted on or after
14     December 16, 1986 and for which at least $8 million worth
15     of municipal bonds were authorized on or after December 19,
16     1989 but before January 1, 1990; provided that the
17     municipality elects to extend the life of the redevelopment
18     project area to 35 years by the adoption of an ordinance
19     after at least 14 but not more than 30 days' written notice
20     to the taxing bodies, that would otherwise constitute the
21     joint review board for the redevelopment project area,
22     before the adoption of the ordinance.
23         Those dates, for purposes of real property tax
24     increment allocation financing pursuant to Section
25     11-74.4-8 only, shall be not more than 35 years for
26     redevelopment project areas that were established on or

 

 

09500HB1867ham001 - 35 - LRB095 09915 BDD 48240 a

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

 

 

09500HB1867ham001 - 36 - LRB095 09915 BDD 48240 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     project area;
2         (6) Financing costs, including but not limited to all
3     necessary and incidental expenses related to the issuance
4     of obligations and which may include payment of interest on
5     any obligations issued hereunder including interest
6     accruing during the estimated period of construction of any
7     redevelopment project for which such obligations are
8     issued and for not exceeding 36 months thereafter and
9     including reasonable reserves related thereto;
10         (7) To the extent the municipality by written agreement
11     accepts and approves the same, all or a portion of a taxing
12     district's capital costs resulting from the redevelopment
13     project necessarily incurred or to be incurred within a
14     taxing district in furtherance of the objectives of the
15     redevelopment plan and project.
16         (7.5) For redevelopment project areas designated (or
17     redevelopment project areas amended to add or increase the
18     number of tax-increment-financing assisted housing units)
19     on or after November 1, 1999, an elementary, secondary, or
20     unit school district's increased costs attributable to
21     assisted housing units located within the redevelopment
22     project area for which the developer or redeveloper
23     receives financial assistance through an agreement with
24     the municipality or because the municipality incurs the
25     cost of necessary infrastructure improvements within the
26     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

 

 

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

 

 

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1         cost of necessary infrastructure improvements within
2         the boundaries of the housing sites necessary for the
3         completion of that housing as authorized by this Act
4         since the designation of the redevelopment project
5         area by the most recently available per capita tuition
6         cost as defined in Section 10-20.12a of the School Code
7         less any increase in general state aid as defined in
8         Section 18-8.05 of the School Code attributable to
9         these added new students subject to the following
10         annual limitations:
11                 (i) for unit school districts, no more than 40%
12             of the total amount of property tax increment
13             revenue produced by those housing units that have
14             received tax increment finance assistance under
15             this Act;
16                 (ii) for elementary school districts, no more
17             than 27% of the total amount of property tax
18             increment revenue produced by those housing units
19             that have received tax increment finance
20             assistance under this Act; and
21                 (iii) for secondary school districts, no more
22             than 13% of the total amount of property tax
23             increment revenue produced by those housing units
24             that have received tax increment finance
25             assistance under this Act.
26             (C) For any school district in a municipality with

 

 

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1         a population in excess of 1,000,000, the following
2         restrictions shall apply to the reimbursement of
3         increased costs under this paragraph (7.5):
4                 (i) no increased costs shall be reimbursed
5             unless the school district certifies that each of
6             the schools affected by the assisted housing
7             project is at or over its student capacity;
8                 (ii) the amount reimbursable shall be reduced
9             by the value of any land donated to the school
10             district by the municipality or developer, and by
11             the value of any physical improvements made to the
12             schools by the municipality or developer; and
13                 (iii) the amount reimbursed may not affect
14             amounts otherwise obligated by the terms of any
15             bonds, notes, or other funding instruments, or the
16             terms of any redevelopment agreement.
17         Any school district seeking payment under this
18         paragraph (7.5) shall, after July 1 and before
19         September 30 of each year, provide the municipality
20         with reasonable evidence to support its claim for
21         reimbursement before the municipality shall be
22         required to approve or make the payment to the school
23         district. If the school district fails to provide the
24         information during this period in any year, it shall
25         forfeit any claim to reimbursement for that year.
26         School districts may adopt a resolution waiving the

 

 

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1         right to all or a portion of the reimbursement
2         otherwise required by this paragraph (7.5). By
3         acceptance of this reimbursement the school district
4         waives the right to directly or indirectly set aside,
5         modify, or contest in any manner the establishment of
6         the redevelopment project area or projects;
7         (7.7) For redevelopment project areas designated (or
8     redevelopment project areas amended to add or increase the
9     number of tax-increment-financing assisted housing units)
10     on or after January 1, 2005 (the effective date of Public
11     Act 93-961), a public library district's increased costs
12     attributable to assisted housing units located within the
13     redevelopment project area for which the developer or
14     redeveloper receives financial assistance through an
15     agreement with the municipality or because the
16     municipality incurs the cost of necessary infrastructure
17     improvements within the boundaries of the assisted housing
18     sites necessary for the completion of that housing as
19     authorized by this Act shall be paid to the library
20     district by the municipality from the Special Tax
21     Allocation Fund when the tax increment revenue is received
22     as a result of the assisted housing units. This paragraph
23     (7.7) applies only if (i) the library district is located
24     in a county that is subject to the Property Tax Extension
25     Limitation Law or (ii) the library district is not located
26     in a county that is subject to the Property Tax Extension

 

 

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1     Limitation Law but the district is prohibited by any other
2     law from increasing its tax levy rate without a prior voter
3     referendum.
4         The amount paid to a library district under this
5     paragraph (7.7) shall be calculated by multiplying (i) the
6     net increase in the number of persons eligible to obtain a
7     library card in that district who reside in housing units
8     within the redevelopment project area that have received
9     financial assistance through an agreement with the
10     municipality or because the municipality incurs the cost of
11     necessary infrastructure improvements within the
12     boundaries of the housing sites necessary for the
13     completion of that housing as authorized by this Act since
14     the designation of the redevelopment project area by (ii)
15     the per-patron cost of providing library services so long
16     as it does not exceed $120. The per-patron cost shall be
17     the Total Operating Expenditures Per Capita as stated in
18     the most recent Illinois Public Library Statistics
19     produced by the Library Research Center at the University
20     of Illinois. The municipality may deduct from the amount
21     that it must pay to a library district under this paragraph
22     any amount that it has voluntarily paid to the library
23     district from the tax increment revenue. The amount paid to
24     a library district under this paragraph (7.7) shall be no
25     more than 2% of the amount produced by the assisted housing
26     units and deposited into the Special Tax Allocation Fund.

 

 

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1         A library district is not eligible for any payment
2     under this paragraph (7.7) unless the library district has
3     experienced an increase in the number of patrons from the
4     municipality that created the tax-increment-financing
5     district since the designation of the redevelopment
6     project area.
7         Any library district seeking payment under this
8     paragraph (7.7) shall, after July 1 and before September 30
9     of each year, provide the municipality with convincing
10     evidence to support its claim for reimbursement before the
11     municipality shall be required to approve or make the
12     payment to the library district. If the library district
13     fails to provide the information during this period in any
14     year, it shall forfeit any claim to reimbursement for that
15     year. Library districts may adopt a resolution waiving the
16     right to all or a portion of the reimbursement otherwise
17     required by this paragraph (7.7). By acceptance of such
18     reimbursement, the library district shall forfeit any
19     right to directly or indirectly set aside, modify, or
20     contest in any manner whatsoever the establishment of the
21     redevelopment project area or projects;
22         (8) Relocation costs to the extent that a municipality
23     determines that relocation costs shall be paid or is
24     required to make payment of relocation costs by federal or
25     State law or in order to satisfy subparagraph (7) of
26     subsection (n);

 

 

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

 

 

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

 

 

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1         Housing Act. The percentage of 75% shall be substituted
2         for 30% in subparagraphs (B) and (D) of paragraph (11).
3             (F) Instead of the eligible costs provided by
4         subparagraphs (B) and (D) of paragraph (11), as
5         modified by this subparagraph, and notwithstanding any
6         other provisions of this Act to the contrary, the
7         municipality may pay from tax increment revenues up to
8         50% of the cost of construction of new housing units to
9         be occupied by low-income households and very
10         low-income households as defined in Section 3 of the
11         Illinois Affordable Housing Act. The cost of
12         construction of those units may be derived from the
13         proceeds of bonds issued by the municipality under this
14         Act or other constitutional or statutory authority or
15         from other sources of municipal revenue that may be
16         reimbursed from tax increment revenues or the proceeds
17         of bonds issued to finance the construction of that
18         housing.
19             The eligible costs provided under this
20         subparagraph (F) of paragraph (11) shall be an eligible
21         cost for the construction, renovation, and
22         rehabilitation of all low and very low-income housing
23         units, as defined in Section 3 of the Illinois
24         Affordable Housing Act, within the redevelopment
25         project area. If the low and very low-income units are
26         part of a residential redevelopment project that

 

 

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

 

 

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1         for costs associated with the units or for the
2         retirement of bonds issued to finance the units or for
3         the life of the redevelopment project area, whichever
4         is later.
5         (11.5) If the redevelopment project area is located
6     within a municipality with a population of more than
7     100,000, the cost of day care services for children of
8     employees from low-income families working for businesses
9     located within the redevelopment project area and all or a
10     portion of the cost of operation of day care centers
11     established by redevelopment project area businesses to
12     serve employees from low-income families working in
13     businesses located in the redevelopment project area. For
14     the purposes of this paragraph, "low-income families"
15     means families whose annual income does not exceed 80% of
16     the municipal, county, or regional median income, adjusted
17     for family size, as the annual income and municipal,
18     county, or regional median income are determined from time
19     to time by the United States Department of Housing and
20     Urban Development.
21         (12) Unless explicitly stated herein the cost of
22     construction of new privately-owned buildings shall not be
23     an eligible redevelopment project cost.
24         (13) After November 1, 1999 (the effective date of
25     Public Act 91-478), none of the redevelopment project costs
26     enumerated in this subsection shall be eligible

 

 

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1     redevelopment project costs if those costs would provide
2     direct financial support to a retail entity initiating
3     operations in the redevelopment project area while
4     terminating operations at another Illinois location within
5     10 miles of the redevelopment project area but outside the
6     boundaries of the redevelopment project area municipality.
7     For purposes of this paragraph, termination means a closing
8     of a retail operation that is directly related to the
9     opening of the same operation or like retail entity owned
10     or operated by more than 50% of the original ownership in a
11     redevelopment project area, but it does not mean closing an
12     operation for reasons beyond the control of the retail
13     entity, as documented by the retail entity, subject to a
14     reasonable finding by the municipality that the current
15     location contained inadequate space, had become
16     economically obsolete, or was no longer a viable location
17     for the retailer or serviceman.
18         (14) A school district's: (i) property assembly costs
19     including, but not limited to, the acquisition of land and
20     other property, real or personal, or rights or interests
21     therein, the demolition of buildings, site preparation,
22     site improvements that serve as an engineered barrier
23     addressing ground-level or below-ground environmental
24     contamination including, but not limited to, parking lots
25     and other concrete or asphalt barriers, and the clearing
26     and grading of land; (ii) costs of rehabilitation,

 

 

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1     reconstruction, repair, or remodeling of existing school
2     district or private buildings, fixtures, and leasehold
3     improvements and the cost of replacing an existing school
4     district building if the existing school district building
5     is to be demolished to use the site for private investment
6     or devoted to a different use requiring private investment;
7     and (iii) costs of the construction of public works or
8     improvements. The redevelopment project costs do not
9     include the cost of constructing a new school district
10     building that is principally used to provide offices,
11     storage space, or conference facilities or for the storage,
12     maintenance, or repair of vehicles for administrative or
13     public safety personnel and that is not intended to replace
14     an existing school district building, unless the school
15     district makes a reasonable determination, supported by
16     information that provides the basis for that
17     determination, that the new school district building is
18     required to meet an increase in school district needs due
19     to an increase in students. The redevelopment project costs
20     under this item (14) are subject to all of the following
21     limitations:
22             (A) "School district" means any community college
23         district and any school district coming under the
24         authority of the School Code including, without
25         limitation, elementary districts, high school
26         districts, and local community unit school districts.

 

 

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1             (B) The school district or a portion of the school
2         district must be located within the redevelopment
3         project area or within one mile of the redevelopment
4         project area from which the school district seeks
5         reimbursement.
6             (C) Upon application for reimbursement, the school
7         district must provide the municipality with reasonable
8         evidence to support its request for reimbursement.
9         After receiving a school district's request for
10         reimbursement, a municipality may choose to reimburse
11         the school district for the total amount requested,
12         reimburse the school district for a portion of the
13         amount requested, or deny the request for
14         reimbursement. If the municipality decides to
15         reimburse a school district, the reimbursement must be
16         paid directly to the main office of the school district
17         from the municipality's Special Tax Allocation Fund
18         with funds derived from the proceeds of bonds issued by
19         the municipality under this Act or other
20         constitutional or statutory authority or from other
21         sources of municipal revenue that may be reimbursed
22         from tax increment revenues.
23             (D) If the school district or a portion thereof is
24         located within one mile of multiple redevelopment
25         project areas, then the school district may seek
26         reimbursement from one, some, or all of the

 

 

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1         redevelopment project areas; provided that the school
2         district provides the municipality or municipalities
3         with the names of all of the project redevelopment
4         areas that it is seeking reimbursement from and sets
5         forth the reimbursement amounts that it is seeking from
6         each project redevelopment area. In no event may a
7         school district seek or accept reimbursement for more
8         than the school district has or will actually expend on
9         eligible redevelopment project costs.
10             (E) By accepting this reimbursement, the school
11         district waives the right to directly or indirectly set
12         aside, modify, or contest in any manner the
13         establishment of the redevelopment project area or
14         projects.
15     If a special service area has been established pursuant to
16 the Special Service Area Tax Act or Special Service Area Tax
17 Law, then any tax increment revenues derived from the tax
18 imposed pursuant to the Special Service Area Tax Act or Special
19 Service Area Tax Law may be used within the redevelopment
20 project area for the purposes permitted by that Act or Law as
21 well as the purposes permitted by this Act.
22     (r) "State Sales Tax Boundary" means the redevelopment
23 project area or the amended redevelopment project area
24 boundaries which are determined pursuant to subsection (9) of
25 Section 11-74.4-8a of this Act. The Department of Revenue shall
26 certify pursuant to subsection (9) of Section 11-74.4-8a the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 Total Increment for all municipalities, as most recently
2 calculated by the Department, shall determine the proportional
3 shares of the Illinois Tax Increment Fund to be distributed to
4 each municipality.
5 (Source: P.A. 94-260, eff. 7-19-05; 94-268, eff. 7-19-05;
6 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff.
7 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff.
8 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810,
9 eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07;
10 94-1092, eff. 1-26-07; 95-15, eff. 7-16-07; 95-164, eff.
11 1-1-08; 95-331, eff. 8-21-07; 95-346, eff. 8-21-07; 95-459,
12 eff. 8-27-07; 95-653, eff. 1-1-08; 95-662, eff. 10-11-07;
13 95-683, eff. 10-19-07; 95-709, eff. 1-29-08; revised
14 1-31-08.)".