Full Text of SB2743 95th General Assembly
SB2743 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2743
Introduced 2/15/2008, by Sen. Michael Noland SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-74.4-3 |
from Ch. 24, par. 11-74.4-3 |
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Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. In the definition of "redevelopment project costs", includes a fire protection district's increased costs attributable to the redevelopment project area. Sets forth a method of calculating amounts to be paid to the fire protection district.
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A BILL FOR
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SB2743 |
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LRB095 16663 HLH 42694 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-74.4-3 as follows:
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| (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
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| 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 | 17 |
| improved or vacant area within the boundaries
of a | 18 |
| redevelopment project area located within the territorial | 19 |
| limits of
the municipality where:
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| (1) If improved, industrial, commercial, and | 21 |
| residential buildings or
improvements are detrimental to | 22 |
| the public safety, health, or welfare
because of a | 23 |
| combination of 5 or more of the following factors, each of |
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LRB095 16663 HLH 42694 b |
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| which
is (i) present, with that presence documented, to a | 2 |
| meaningful extent so
that a municipality may reasonably | 3 |
| find that the factor is clearly
present within the intent | 4 |
| of the Act and (ii) reasonably distributed throughout
the | 5 |
| improved part of the redevelopment project area:
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| (A) Dilapidation. An advanced state of disrepair | 7 |
| or neglect of
necessary
repairs to the primary | 8 |
| structural components of buildings or improvements in
| 9 |
| such a combination that a documented building | 10 |
| condition analysis determines
that major repair is | 11 |
| required or the defects are so serious and so extensive
| 12 |
| that the buildings must be removed.
| 13 |
| (B) Obsolescence. The condition or process of | 14 |
| falling into disuse.
Structures have become ill-suited | 15 |
| for the original use.
| 16 |
| (C) Deterioration. With respect to buildings, | 17 |
| defects
including, but not limited to, major defects in
| 18 |
| the secondary building components such as doors, | 19 |
| windows, porches, gutters and
downspouts, and fascia. | 20 |
| With respect to surface improvements, that the
| 21 |
| condition of roadways, alleys, curbs, gutters, | 22 |
| sidewalks, off-street parking,
and surface storage | 23 |
| areas evidence deterioration, including, but not | 24 |
| limited
to, surface cracking, crumbling, potholes, | 25 |
| depressions, loose paving material,
and weeds | 26 |
| protruding through paved surfaces.
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LRB095 16663 HLH 42694 b |
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| (D) Presence of structures below minimum code | 2 |
| standards. All structures
that do not meet the | 3 |
| standards of zoning, subdivision, building, fire, and
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| other governmental codes applicable to property, but | 5 |
| not including housing and
property maintenance codes.
| 6 |
| (E) Illegal use of individual structures. The use | 7 |
| of structures in
violation of applicable federal, | 8 |
| State, or local laws, exclusive of those
applicable to | 9 |
| the presence of structures below minimum code | 10 |
| standards.
| 11 |
| (F) Excessive vacancies. The presence of
buildings | 12 |
| that are unoccupied or under-utilized and that | 13 |
| represent an adverse
influence on the area because of | 14 |
| the frequency, extent, or duration of the
vacancies.
| 15 |
| (G) Lack of ventilation, light, or sanitary | 16 |
| facilities. The absence of
adequate ventilation for | 17 |
| light or air circulation in spaces or rooms without
| 18 |
| windows, or that require the removal of dust, odor, | 19 |
| gas, smoke, or other
noxious airborne materials. | 20 |
| Inadequate natural light and ventilation means
the | 21 |
| absence of skylights or windows for interior spaces or | 22 |
| rooms and improper
window sizes and amounts by room | 23 |
| area to window area ratios. Inadequate
sanitary | 24 |
| facilities refers to the absence or inadequacy of | 25 |
| garbage storage and
enclosure,
bathroom facilities, | 26 |
| hot water and kitchens, and structural inadequacies
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| preventing ingress and egress to and from all rooms and | 2 |
| units within a
building.
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| (H) Inadequate utilities. Underground and overhead | 4 |
| utilities
such as storm sewers and storm drainage, | 5 |
| sanitary sewers, water lines, and
gas, telephone, and
| 6 |
| electrical services that are shown to be inadequate. | 7 |
| Inadequate utilities are
those that are: (i) of | 8 |
| insufficient capacity to serve the uses in the
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| redevelopment project area, (ii) deteriorated,
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| antiquated, obsolete, or in disrepair, or (iii) | 11 |
| lacking within the
redevelopment project area.
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| (I) Excessive land coverage and overcrowding of | 13 |
| structures and community
facilities. The | 14 |
| over-intensive use of property and the crowding of | 15 |
| buildings
and accessory facilities onto a site. | 16 |
| Examples of problem conditions
warranting the | 17 |
| designation of an area as one exhibiting excessive land | 18 |
| coverage
are: (i) the presence of buildings either | 19 |
| improperly situated on parcels or
located
on parcels of | 20 |
| inadequate size and shape in relation to present-day | 21 |
| standards of
development for health and safety and (ii) | 22 |
| the presence of multiple buildings
on a
single parcel. | 23 |
| For there to be a finding of excessive land coverage,
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| these parcels must exhibit one or more of the following | 25 |
| conditions:
insufficient provision for
light and air | 26 |
| within or around buildings, increased threat of spread |
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| of fire
due to the close proximity of buildings, lack | 2 |
| of adequate or proper access to a
public right-of-way, | 3 |
| lack of reasonably required off-street parking, or
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| inadequate provision for loading and service.
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| (J) Deleterious land use or layout. The existence | 6 |
| of incompatible
land-use
relationships, buildings | 7 |
| occupied by inappropriate mixed-uses, or uses
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| considered to be noxious, offensive, or unsuitable for | 9 |
| the
surrounding area.
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| (K) Environmental clean-up. The proposed | 11 |
| redevelopment project area
has incurred Illinois | 12 |
| Environmental Protection Agency or United States
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| Environmental Protection Agency remediation costs for, | 14 |
| or a study conducted by
an independent consultant | 15 |
| recognized as having expertise in environmental
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| remediation has determined a need for, the
clean-up of | 17 |
| hazardous
waste, hazardous substances, or underground | 18 |
| storage tanks required by State or
federal law, | 19 |
| provided that the remediation costs constitute a | 20 |
| material
impediment to the development or | 21 |
| redevelopment of the redevelopment project
area.
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| (L) Lack of community planning. The proposed | 23 |
| redevelopment project area
was
developed prior to or | 24 |
| without the benefit or guidance of a community plan.
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| This means that the development occurred prior to the | 26 |
| adoption by the
municipality of a comprehensive or |
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| other community plan or that the plan was
not followed | 2 |
| at the time of the area's development. This factor must | 3 |
| be
documented by evidence of adverse or incompatible | 4 |
| land-use relationships,
inadequate street layout, | 5 |
| improper subdivision, parcels of inadequate shape and
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| size to meet contemporary development standards, or | 7 |
| other evidence
demonstrating
an absence of effective | 8 |
| community planning.
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| (M) The total equalized assessed value of the | 10 |
| proposed redevelopment
project area has declined for 3 | 11 |
| of the last 5 calendar years
prior to the year in which | 12 |
| the redevelopment project area is designated
or is | 13 |
| increasing at an
annual rate that is less
than the | 14 |
| balance of the municipality for 3 of the last 5 | 15 |
| calendar years
for which
information is available or is | 16 |
| increasing at an annual rate that is less than
the | 17 |
| Consumer Price Index
for All Urban Consumers published | 18 |
| by the United States Department of Labor or
successor | 19 |
| agency for 3 of the last 5 calendar years
prior to the | 20 |
| year in which the redevelopment project area is | 21 |
| designated.
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| (2) If vacant, the sound growth of the redevelopment | 23 |
| project area
is impaired by a
combination of 2 or more of | 24 |
| the following factors, each of which
is (i) present, with | 25 |
| that presence documented, to a meaningful extent so
that
a | 26 |
| municipality may reasonably find that the factor is clearly |
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| present
within the intent of the Act and (ii) reasonably | 2 |
| distributed throughout the
vacant part of the
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| redevelopment project area to which it pertains:
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| (A) Obsolete platting of vacant land that results | 5 |
| in parcels of
limited or
narrow size or configurations | 6 |
| of parcels of irregular size or shape that would
be | 7 |
| difficult to develop on
a planned basis and in a manner | 8 |
| compatible with contemporary standards and
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| requirements, or platting that failed to create | 10 |
| rights-of-ways for streets or
alleys or that created | 11 |
| inadequate right-of-way widths for streets, alleys, or
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| other public rights-of-way or that omitted easements | 13 |
| for public utilities.
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| (B) Diversity of ownership of parcels of vacant | 15 |
| land sufficient in
number to
retard or impede the | 16 |
| ability to assemble the land for development.
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| (C) Tax and special assessment delinquencies exist | 18 |
| or the property has
been the subject of tax sales under | 19 |
| the Property Tax Code within the last 5
years.
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| (D) Deterioration of structures or site | 21 |
| improvements in neighboring
areas adjacent to the | 22 |
| vacant land.
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| (E) The area has incurred Illinois Environmental | 24 |
| Protection Agency or
United States Environmental | 25 |
| Protection Agency remediation costs for, or a study
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| conducted by an independent consultant recognized as |
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| having expertise in
environmental remediation has | 2 |
| determined a need for, the
clean-up of hazardous
waste, | 3 |
| hazardous substances, or underground storage tanks | 4 |
| required by State or
federal law, provided that the | 5 |
| remediation costs
constitute a material impediment to | 6 |
| the development or redevelopment of
the
redevelopment | 7 |
| project area.
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| (F) The total equalized assessed value of the | 9 |
| proposed redevelopment
project area has declined for 3 | 10 |
| of the last 5 calendar years
prior to the year in which | 11 |
| the redevelopment project area is designated
or is | 12 |
| increasing at an
annual rate that is less
than the | 13 |
| balance of the municipality for 3 of the last 5 | 14 |
| calendar years for
which information is available or is | 15 |
| increasing at an annual rate that is less
than
the | 16 |
| Consumer Price Index
for All Urban Consumers published | 17 |
| by the United States Department of Labor or
successor | 18 |
| agency for 3 of the last 5 calendar years
prior to the | 19 |
| year in which the redevelopment project area is | 20 |
| designated.
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| (3) If vacant, the sound growth of the redevelopment | 22 |
| project area is
impaired by one of the
following factors | 23 |
| that (i) is present, with that presence documented, to a
| 24 |
| meaningful extent so that a municipality may reasonably | 25 |
| find that the factor is
clearly
present within the intent | 26 |
| of the Act and (ii) is reasonably distributed
throughout |
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LRB095 16663 HLH 42694 b |
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| the vacant part of the
redevelopment project area to which | 2 |
| it pertains:
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| (A) The area consists of one or more unused | 4 |
| quarries, mines, or strip
mine ponds.
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| (B) The area consists of unused rail yards, rail | 6 |
| tracks, or railroad
rights-of-way.
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| (C) The area, prior to its designation, is subject | 8 |
| to (i) chronic
flooding
that adversely impacts on real | 9 |
| property in the area as certified by a
registered
| 10 |
| professional engineer or appropriate regulatory agency | 11 |
| or (ii) surface water
that
discharges from all or a | 12 |
| part of the area and contributes to flooding within
the
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| same watershed, but only if the redevelopment project | 14 |
| provides for facilities
or
improvements to contribute | 15 |
| to the alleviation of all or part of the
flooding.
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| (D) The area consists of an unused or illegal | 17 |
| disposal site containing
earth,
stone, building | 18 |
| debris, or similar materials that were removed from
| 19 |
| construction, demolition, excavation, or dredge sites.
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| (E) Prior to November 1, 1999, the area
is not less | 21 |
| than 50 nor more than 100 acres and 75%
of which is | 22 |
| vacant (notwithstanding that the area has been used
for | 23 |
| commercial agricultural purposes within 5 years prior | 24 |
| to the designation
of the redevelopment project area), | 25 |
| and the area meets at least one of
the factors itemized | 26 |
| in paragraph (1) of this subsection, the area
has been |
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| designated as a town or village center by ordinance or | 2 |
| comprehensive
plan adopted prior to January 1, 1982, | 3 |
| and the area has not been developed
for that designated | 4 |
| purpose.
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| (F) The area qualified as a blighted improved area | 6 |
| immediately prior to
becoming vacant, unless there has | 7 |
| been substantial private investment in the
immediately | 8 |
| surrounding area.
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| (b) For any redevelopment project area that has been | 10 |
| designated pursuant
to this
Section by an ordinance adopted | 11 |
| prior to November 1, 1999 (the effective
date of Public Act
| 12 |
| 91-478), "conservation area" shall have the meaning
set forth | 13 |
| in this
Section prior to that date.
| 14 |
| On and after November 1, 1999,
"conservation area" means | 15 |
| any improved area within the boundaries
of a redevelopment | 16 |
| project area located within the territorial limits of
the | 17 |
| municipality in which 50% or more of the structures in the area | 18 |
| have
an age of 35 years or more.
Such an area is not yet a | 19 |
| blighted area but
because of a combination of 3 or more of the | 20 |
| following factors is detrimental
to the public safety, health, | 21 |
| morals
or welfare and such an area may become a blighted area:
| 22 |
| (1) Dilapidation. An advanced state of disrepair or | 23 |
| neglect of
necessary
repairs to the primary structural | 24 |
| components of buildings or improvements in
such a | 25 |
| combination that a documented building condition analysis | 26 |
| determines
that major repair is required or the defects are |
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LRB095 16663 HLH 42694 b |
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| so serious and so extensive
that the buildings must be | 2 |
| removed.
| 3 |
| (2) Obsolescence. The condition or process of falling | 4 |
| into disuse.
Structures have become ill-suited for the | 5 |
| original use.
| 6 |
| (3) Deterioration. With respect to buildings, defects
| 7 |
| including, but not limited to, major defects in
the | 8 |
| secondary building components such as doors, windows, | 9 |
| porches, gutters and
downspouts, and fascia. With respect | 10 |
| to surface improvements, that the
condition of roadways, | 11 |
| alleys, curbs, gutters, sidewalks, off-street parking,
and | 12 |
| surface storage areas evidence deterioration, including, | 13 |
| but not limited
to, surface cracking, crumbling, potholes, | 14 |
| depressions, loose paving material,
and weeds protruding | 15 |
| through paved surfaces.
| 16 |
| (4) Presence of structures below minimum code | 17 |
| standards. All structures
that do not meet the standards of | 18 |
| zoning, subdivision, building, fire, and
other | 19 |
| governmental codes applicable to property, but not | 20 |
| including housing and
property maintenance codes.
| 21 |
| (5) Illegal use of individual structures. The use of | 22 |
| structures in
violation of applicable federal, State, or | 23 |
| local laws, exclusive of those
applicable to the presence | 24 |
| of structures below minimum code standards.
| 25 |
| (6) Excessive vacancies. The presence of
buildings | 26 |
| that are unoccupied or under-utilized and that represent an |
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SB2743 |
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LRB095 16663 HLH 42694 b |
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| adverse
influence on the area because of the frequency, | 2 |
| extent, or duration of the
vacancies.
| 3 |
| (7) Lack of ventilation, light, or sanitary | 4 |
| facilities. The absence of
adequate ventilation for light | 5 |
| or air circulation in spaces or rooms without
windows, or | 6 |
| that require the removal of dust, odor, gas, smoke, or | 7 |
| other
noxious airborne materials. Inadequate natural light | 8 |
| and ventilation means
the absence or inadequacy of | 9 |
| skylights or windows for interior spaces or rooms
and | 10 |
| improper
window sizes and amounts by room area to window | 11 |
| area ratios. Inadequate
sanitary facilities refers to the | 12 |
| absence or inadequacy of garbage storage and
enclosure,
| 13 |
| bathroom facilities, hot water and kitchens, and | 14 |
| structural inadequacies
preventing ingress and egress to | 15 |
| and from all rooms and units within a
building.
| 16 |
| (8) Inadequate utilities. Underground and overhead | 17 |
| utilities
such as storm sewers and storm drainage, sanitary | 18 |
| sewers, water lines, and gas,
telephone, and
electrical | 19 |
| services that are shown to be inadequate. Inadequate | 20 |
| utilities are
those that are: (i) of insufficient capacity | 21 |
| to serve the uses in the
redevelopment project area, (ii) | 22 |
| deteriorated,
antiquated, obsolete, or in disrepair, or | 23 |
| (iii) lacking within the
redevelopment project area.
| 24 |
| (9) Excessive land coverage and overcrowding of | 25 |
| structures and community
facilities. The over-intensive | 26 |
| use of property and the crowding of buildings
and accessory |
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LRB095 16663 HLH 42694 b |
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| facilities onto a site. Examples of problem conditions
| 2 |
| warranting the designation of an area as one exhibiting | 3 |
| excessive land coverage
are: the presence of buildings | 4 |
| either improperly situated on parcels or located
on parcels | 5 |
| of inadequate size and shape in relation to present-day | 6 |
| standards of
development for health and safety and the | 7 |
| presence of multiple buildings on a
single parcel. For | 8 |
| there to be a finding of excessive land coverage,
these | 9 |
| parcels must exhibit one or more of the following | 10 |
| conditions:
insufficient provision for
light and air | 11 |
| within or around buildings, increased threat of spread of | 12 |
| fire
due to the close proximity of buildings, lack of | 13 |
| adequate or proper access to a
public right-of-way, lack of | 14 |
| reasonably required off-street parking, or
inadequate | 15 |
| provision for loading and service.
| 16 |
| (10) Deleterious land use or layout. The existence of | 17 |
| incompatible
land-use
relationships, buildings occupied by | 18 |
| inappropriate mixed-uses, or uses
considered to be | 19 |
| noxious, offensive, or unsuitable for the
surrounding | 20 |
| area.
| 21 |
| (11) Lack of community planning. The proposed | 22 |
| redevelopment project area
was
developed prior to or | 23 |
| without the benefit or guidance of a community plan.
This | 24 |
| means that the development occurred prior to the adoption | 25 |
| by the
municipality of a comprehensive or other community | 26 |
| plan or that the plan was
not followed at the time of the |
|
|
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LRB095 16663 HLH 42694 b |
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| area's development. This factor must be
documented by | 2 |
| evidence of adverse or incompatible land-use | 3 |
| relationships,
inadequate street layout, improper | 4 |
| subdivision, parcels of inadequate shape and
size to meet | 5 |
| contemporary development standards, or other evidence
| 6 |
| demonstrating
an absence of effective community planning.
| 7 |
| (12) The area has incurred Illinois Environmental | 8 |
| Protection Agency or
United
States Environmental | 9 |
| Protection Agency remediation costs for, or a study
| 10 |
| conducted by an independent consultant recognized as | 11 |
| having expertise in
environmental remediation has | 12 |
| determined a need for, the clean-up of hazardous
waste, | 13 |
| hazardous substances, or underground storage tanks | 14 |
| required by State
or federal law, provided that the | 15 |
| remediation costs constitute a material
impediment to the | 16 |
| development or redevelopment of the redevelopment project
| 17 |
| area.
| 18 |
| (13) The total equalized assessed value of the proposed | 19 |
| redevelopment
project area has declined for 3 of the last 5 | 20 |
| calendar years
for which information is
available or is | 21 |
| increasing at an annual rate that is less than the balance | 22 |
| of
the municipality for 3 of the last 5 calendar years for | 23 |
| which information is
available or is increasing at an | 24 |
| annual rate that is less
than the Consumer Price Index for | 25 |
| All Urban Consumers published by the United
States | 26 |
| Department of Labor or successor agency for 3 of the last 5 |
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| calendar
years for which information is available.
| 2 |
| (c) "Industrial park" means an area in a blighted or | 3 |
| conservation
area suitable for use by any manufacturing, | 4 |
| industrial, research or
transportation enterprise, of | 5 |
| facilities to include but not be limited to
factories, mills, | 6 |
| processing plants, assembly plants, packing plants,
| 7 |
| fabricating plants, industrial distribution centers, | 8 |
| warehouses, repair
overhaul or service facilities, freight | 9 |
| terminals, research facilities,
test facilities or railroad | 10 |
| facilities.
| 11 |
| (d) "Industrial park conservation area" means an area | 12 |
| within the
boundaries of a redevelopment project area located | 13 |
| within the territorial
limits of a municipality that is a labor | 14 |
| surplus municipality or within 1
1/2 miles of the territorial | 15 |
| limits of a municipality that is a labor
surplus municipality | 16 |
| if the area is annexed to the municipality; which
area is zoned | 17 |
| as industrial no later than at the time the municipality by
| 18 |
| ordinance designates the redevelopment project area, and which | 19 |
| area
includes both vacant land suitable for use as an | 20 |
| industrial park and a
blighted area or conservation area | 21 |
| contiguous to such vacant land.
| 22 |
| (e) "Labor surplus municipality" means a municipality in | 23 |
| which, at any
time during the 6 months before the municipality | 24 |
| by ordinance designates
an industrial park conservation area, | 25 |
| the unemployment rate was over 6% and was
also 100% or more of | 26 |
| the national average unemployment rate for that same
time as |
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| published in the United States Department of Labor Bureau of | 2 |
| Labor
Statistics publication entitled "The Employment | 3 |
| Situation" or its successor
publication. For the purpose of | 4 |
| this subsection, if unemployment rate
statistics for the | 5 |
| municipality are not available, the unemployment rate in
the | 6 |
| municipality shall be deemed to be the same as the unemployment | 7 |
| rate in
the principal county in which the municipality is | 8 |
| located.
| 9 |
| (f) "Municipality" shall mean a city, village, | 10 |
| incorporated town, or a township that is located in the | 11 |
| unincorporated portion of a county with 3 million or more | 12 |
| inhabitants, if the county adopted an ordinance that approved | 13 |
| the township's redevelopment plan.
| 14 |
| (g) "Initial Sales Tax Amounts" means the amount of taxes | 15 |
| paid under
the Retailers' Occupation Tax Act, Use Tax Act, | 16 |
| Service Use Tax Act, the
Service Occupation Tax Act, the | 17 |
| Municipal Retailers' Occupation Tax Act,
and the Municipal | 18 |
| Service Occupation Tax Act by
retailers and servicemen on | 19 |
| transactions at places located in a
State Sales Tax Boundary | 20 |
| during the calendar year 1985.
| 21 |
| (g-1) "Revised Initial Sales Tax Amounts" means the amount | 22 |
| of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | 23 |
| Act, 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 within the State Sales Tax |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| 2 |
| (h) "Municipal Sales Tax Increment" means an amount equal | 3 |
| to the
increase in the aggregate amount of taxes paid to a | 4 |
| municipality from the
Local Government Tax Fund arising from | 5 |
| sales by retailers and servicemen
within the redevelopment | 6 |
| project area or State Sales Tax Boundary, as
the case may be, | 7 |
| for as long as the redevelopment project area or State
Sales | 8 |
| Tax Boundary, as the case may be, exist over and above the | 9 |
| aggregate
amount of taxes as certified by the Illinois | 10 |
| Department of Revenue and paid
under the Municipal Retailers' | 11 |
| Occupation Tax Act and the Municipal Service
Occupation Tax Act | 12 |
| by retailers and servicemen, on transactions at places
of | 13 |
| business located in the redevelopment project area or State | 14 |
| Sales Tax
Boundary, as the case may be, during the
base year | 15 |
| which shall be the calendar year immediately prior to the year | 16 |
| in
which the municipality adopted tax increment allocation | 17 |
| financing. For
purposes of computing the aggregate amount of | 18 |
| such taxes for base years
occurring prior to 1985, the | 19 |
| Department of Revenue shall determine the
Initial Sales Tax | 20 |
| Amounts for such taxes and deduct therefrom an amount
equal to | 21 |
| 4% of the aggregate amount of taxes per year for each year the
| 22 |
| base year is prior to 1985, but not to exceed a total deduction | 23 |
| of 12%.
The amount so determined shall be known as the | 24 |
| "Adjusted Initial Sales Tax
Amounts". For purposes of | 25 |
| determining the Municipal Sales Tax Increment,
the Department | 26 |
| of Revenue shall for each period subtract from the amount
paid |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| to the municipality from the Local Government Tax Fund arising | 2 |
| from
sales by retailers and servicemen on transactions
located | 3 |
| in the redevelopment project area or the State Sales Tax | 4 |
| Boundary,
as the case may be, the certified Initial Sales Tax
| 5 |
| Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | 6 |
| Initial
Sales Tax Amounts for the Municipal Retailers'
| 7 |
| Occupation Tax Act and the Municipal Service
Occupation Tax | 8 |
| Act. For the State Fiscal Year 1989, this calculation shall
be | 9 |
| made by utilizing the calendar year 1987 to determine the tax | 10 |
| amounts
received. For the State Fiscal Year 1990, this | 11 |
| calculation shall be made
by utilizing the period from January | 12 |
| 1, 1988, until September 30, 1988, to
determine the tax amounts | 13 |
| received from retailers and servicemen pursuant
to the | 14 |
| Municipal Retailers' Occupation Tax and the Municipal Service
| 15 |
| Occupation Tax Act, which shall have deducted therefrom
| 16 |
| nine-twelfths of the certified Initial Sales Tax Amounts, the | 17 |
| Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | 18 |
| Tax Amounts as appropriate.
For the State Fiscal Year 1991, | 19 |
| this calculation shall be made by utilizing
the period from | 20 |
| October 1, 1988, to June 30, 1989, to determine the tax
amounts | 21 |
| received from retailers and servicemen pursuant to the | 22 |
| Municipal
Retailers' Occupation Tax and the Municipal Service | 23 |
| Occupation Tax Act
which shall have deducted therefrom | 24 |
| nine-twelfths of the
certified Initial Sales Tax Amounts, | 25 |
| Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | 26 |
| Tax Amounts as appropriate. For every
State Fiscal Year |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| thereafter, the applicable period shall be the 12 months
| 2 |
| beginning July 1 and ending June 30 to determine the tax | 3 |
| amounts received
which shall have deducted therefrom the | 4 |
| certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | 5 |
| Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | 6 |
| case may be.
| 7 |
| (i) "Net State Sales Tax Increment" means the sum of the | 8 |
| following: (a)
80% of the first $100,000 of State Sales Tax | 9 |
| Increment annually generated
within a State Sales Tax Boundary; | 10 |
| (b) 60% of the amount in excess of
$100,000 but not exceeding | 11 |
| $500,000 of State Sales Tax Increment annually
generated within | 12 |
| a State Sales Tax Boundary; and (c) 40% of all amounts in
| 13 |
| excess of $500,000 of State Sales Tax Increment annually | 14 |
| generated within a
State Sales Tax Boundary. If, however, a | 15 |
| municipality established a tax
increment financing district in | 16 |
| a county with a population in excess of
3,000,000 before | 17 |
| January 1, 1986, and the municipality entered into a
contract | 18 |
| or issued bonds after January 1, 1986, but before December 31, | 19 |
| 1986,
to finance redevelopment project costs within a State | 20 |
| Sales Tax
Boundary, then the Net State Sales Tax Increment | 21 |
| means, for the fiscal years
beginning July 1, 1990, and July 1, | 22 |
| 1991, 100% of the State Sales Tax
Increment annually generated | 23 |
| within a State Sales Tax Boundary; and
notwithstanding any | 24 |
| other provision of this Act, for those fiscal years the
| 25 |
| Department of Revenue shall distribute to those municipalities | 26 |
| 100% of
their Net State Sales Tax Increment before any |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| distribution to any other
municipality and regardless of | 2 |
| whether or not those other municipalities
will receive 100% of | 3 |
| their Net State Sales Tax Increment. For Fiscal Year
1999, and | 4 |
| every year thereafter until the year 2007, for any municipality
| 5 |
| that has not entered into a contract or has not issued bonds | 6 |
| prior to June
1, 1988 to finance redevelopment project costs | 7 |
| within a State Sales Tax
Boundary, the Net State Sales Tax | 8 |
| Increment shall be calculated as follows:
By multiplying the | 9 |
| Net State Sales Tax Increment by 90% in the State Fiscal
Year | 10 |
| 1999; 80% in the State Fiscal Year 2000; 70% in the State | 11 |
| Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | 12 |
| State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | 13 |
| in the State Fiscal Year 2005; 20% in
the State Fiscal Year | 14 |
| 2006; and 10% in the State Fiscal Year 2007. No
payment shall | 15 |
| be made for State Fiscal Year 2008 and thereafter.
| 16 |
| Municipalities that issued bonds in connection with a | 17 |
| redevelopment project
in a redevelopment project area within | 18 |
| the State Sales Tax Boundary prior to
July 29, 1991,
or that | 19 |
| entered into contracts in connection with a redevelopment | 20 |
| project in
a redevelopment project area before June 1, 1988,
| 21 |
| shall continue to receive their proportional share of the
| 22 |
| Illinois Tax Increment Fund distribution until the date on | 23 |
| which the
redevelopment project is completed or terminated.
If, | 24 |
| however, a municipality that issued bonds in connection with a
| 25 |
| redevelopment project in a redevelopment project area within | 26 |
| the State Sales
Tax Boundary prior to July 29, 1991 retires the |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| bonds prior to June 30, 2007 or
a municipality that entered | 2 |
| into contracts in connection with a redevelopment
project in a | 3 |
| redevelopment project area before June 1, 1988 completes the
| 4 |
| contracts prior to June 30, 2007, then so long as the | 5 |
| redevelopment project is
not
completed or is not terminated, | 6 |
| the Net State Sales Tax Increment shall be
calculated, | 7 |
| beginning on the date on which the bonds are retired or the
| 8 |
| contracts are completed, as follows: By multiplying the Net | 9 |
| State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | 10 |
| 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | 11 |
| 2004; 30%
in the State Fiscal Year 2005; 20% in the State | 12 |
| Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | 13 |
| payment shall be made for State Fiscal Year
2008 and | 14 |
| thereafter.
Refunding of any bonds issued
prior to July 29, | 15 |
| 1991, shall not alter the Net State Sales Tax Increment.
| 16 |
| (j) "State Utility Tax Increment Amount" means an amount | 17 |
| equal to the
aggregate increase in State electric and gas tax | 18 |
| charges imposed on owners
and tenants, other than residential | 19 |
| customers, of properties located within
the redevelopment | 20 |
| project area under Section 9-222 of the Public Utilities
Act, | 21 |
| over and above the aggregate of such charges as certified by | 22 |
| the
Department of Revenue and paid by owners and tenants, other | 23 |
| than
residential customers, of properties within the | 24 |
| redevelopment project area
during the base year, which shall be | 25 |
| the calendar year immediately prior to
the year of the adoption | 26 |
| of the ordinance authorizing tax increment allocation
|
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| financing.
| 2 |
| (k) "Net State Utility Tax Increment" means the sum of the | 3 |
| following:
(a) 80% of the first $100,000 of State Utility Tax | 4 |
| Increment annually
generated by a redevelopment project area; | 5 |
| (b) 60% of the amount in excess
of $100,000 but not exceeding | 6 |
| $500,000 of the State Utility Tax Increment
annually generated | 7 |
| by a redevelopment project area; and (c) 40% of all
amounts in | 8 |
| excess of $500,000 of State Utility Tax Increment annually
| 9 |
| generated by a redevelopment project area. For the State Fiscal | 10 |
| Year 1999,
and every year thereafter until the year 2007, for | 11 |
| any municipality that
has not entered into a contract or has | 12 |
| not issued bonds prior to June 1,
1988 to finance redevelopment | 13 |
| project costs within a redevelopment project
area, the Net | 14 |
| State Utility Tax Increment shall be calculated as follows:
By | 15 |
| multiplying the Net State Utility Tax Increment by 90% in the | 16 |
| State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | 17 |
| in the State
Fiscal Year 2001; 60% in the State Fiscal Year | 18 |
| 2002; 50% in the State
Fiscal Year 2003; 40% in the State | 19 |
| Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | 20 |
| State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | 21 |
| No payment shall be made for the State Fiscal Year 2008
and | 22 |
| thereafter.
| 23 |
| Municipalities that issue bonds in connection with the | 24 |
| redevelopment project
during the period from June 1, 1988 until | 25 |
| 3 years after the effective date
of this Amendatory Act of 1988 | 26 |
| shall receive the Net State Utility Tax
Increment, subject to |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| appropriation, for 15 State Fiscal Years after the
issuance of | 2 |
| such bonds. For the 16th through the 20th State Fiscal Years
| 3 |
| after issuance of the bonds, the Net State Utility Tax | 4 |
| Increment shall be
calculated as follows: By multiplying the | 5 |
| Net State Utility Tax Increment
by 90% in year 16; 80% in year | 6 |
| 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | 7 |
| Refunding of any bonds issued prior to June 1, 1988, shall not
| 8 |
| alter the revised Net State Utility Tax Increment payments set | 9 |
| forth above.
| 10 |
| (l) "Obligations" mean bonds, loans, debentures, notes, | 11 |
| special certificates
or other evidence of indebtedness issued | 12 |
| by the municipality to carry out
a redevelopment project or to | 13 |
| refund outstanding obligations.
| 14 |
| (m) "Payment in lieu of taxes" means those estimated tax | 15 |
| revenues from
real property in a redevelopment project area | 16 |
| derived from real property that
has been acquired by a | 17 |
| municipality
which according to the redevelopment project or | 18 |
| plan is to be used for a
private use which taxing districts | 19 |
| would have received had a municipality
not acquired the real | 20 |
| property and adopted tax increment allocation
financing and | 21 |
| which would result from
levies made after the time of the | 22 |
| adoption of tax increment allocation
financing to the time the | 23 |
| current equalized value of real property in the
redevelopment | 24 |
| project area exceeds the total initial equalized value of
real | 25 |
| property in said area.
| 26 |
| (n) "Redevelopment plan" means the comprehensive program |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| of
the municipality for development or redevelopment intended | 2 |
| by the payment of
redevelopment project costs to reduce or | 3 |
| eliminate those conditions the
existence of which qualified the | 4 |
| redevelopment project area as
a "blighted
area" or | 5 |
| "conservation area" or combination thereof or "industrial park
| 6 |
| conservation area," and thereby to enhance the tax bases of the | 7 |
| taxing
districts which extend into the redevelopment project | 8 |
| area.
On and after November 1, 1999 (the effective date of
| 9 |
| Public Act 91-478), no
redevelopment plan may be approved or | 10 |
| amended that includes the development of
vacant land (i) with a | 11 |
| golf course and related clubhouse and other facilities
or (ii) | 12 |
| designated by federal, State, county, or municipal government | 13 |
| as public
land for outdoor recreational activities or for | 14 |
| nature preserves and used for
that purpose within 5
years prior | 15 |
| to the adoption of the redevelopment plan. For the purpose of
| 16 |
| this subsection, "recreational activities" is limited to mean | 17 |
| camping and
hunting.
Each
redevelopment plan shall set forth in | 18 |
| writing the program to be undertaken
to accomplish the | 19 |
| objectives and shall include but not be limited to:
| 20 |
| (A) an itemized list of estimated redevelopment | 21 |
| project costs;
| 22 |
| (B) evidence indicating that the redevelopment project | 23 |
| area on the whole
has not been subject to growth and | 24 |
| development through investment by private
enterprise;
| 25 |
| (C) an assessment of any financial impact of the | 26 |
| redevelopment project
area on or any increased demand for |
|
|
|
SB2743 |
- 25 - |
LRB095 16663 HLH 42694 b |
|
| 1 |
| services from any taxing district affected
by the plan and | 2 |
| any program to address such financial impact or increased
| 3 |
| demand;
| 4 |
| (D) the sources of funds to pay costs;
| 5 |
| (E) the nature and term of the obligations to be | 6 |
| issued;
| 7 |
| (F) the most recent equalized assessed valuation of the | 8 |
| redevelopment
project area;
| 9 |
| (G) an estimate as to the equalized assessed valuation | 10 |
| after redevelopment
and the general land uses to apply in | 11 |
| the redevelopment project area;
| 12 |
| (H) a commitment to fair employment practices and an | 13 |
| affirmative action
plan;
| 14 |
| (I) if it concerns an industrial park
conservation | 15 |
| area, the plan shall
also include a general description
of | 16 |
| any proposed developer, user and tenant of any property, a | 17 |
| description
of the type, structure and general character of | 18 |
| the facilities to be
developed, a description of the type, | 19 |
| class and number of new employees to
be employed in the | 20 |
| operation of the facilities to be developed; and
| 21 |
| (J) if property is to be annexed to the municipality, | 22 |
| the plan shall
include the terms of the annexation | 23 |
| agreement.
| 24 |
| The provisions of items (B) and (C) of this subsection (n) | 25 |
| shall not apply to
a municipality that before March 14, 1994 | 26 |
| (the effective date of Public Act
88-537) had fixed, either by |
|
|
|
SB2743 |
- 26 - |
LRB095 16663 HLH 42694 b |
|
| 1 |
| its
corporate authorities or by a commission designated under | 2 |
| subsection (k) of
Section 11-74.4-4, a time and place for a | 3 |
| public hearing as required by
subsection (a) of Section | 4 |
| 11-74.4-5.
No redevelopment plan shall be adopted unless a
| 5 |
| municipality complies with all of the following requirements:
| 6 |
| (1) The municipality finds that the redevelopment | 7 |
| project area on
the whole has not been subject to growth | 8 |
| and development through investment
by private enterprise | 9 |
| and would not reasonably be anticipated to be
developed | 10 |
| without the adoption of the redevelopment plan.
| 11 |
| (2) The municipality finds that the redevelopment plan | 12 |
| and project conform
to the comprehensive plan for the | 13 |
| development of the municipality as a whole,
or, for | 14 |
| municipalities with a population of 100,000 or more, | 15 |
| regardless of when
the redevelopment plan and project was | 16 |
| adopted, the redevelopment plan and
project either: (i) | 17 |
| conforms to the strategic economic development or
| 18 |
| redevelopment plan issued by the designated planning | 19 |
| authority of the
municipality, or (ii) includes land uses | 20 |
| that have been approved by the
planning commission of the | 21 |
| municipality.
| 22 |
| (3) The redevelopment plan establishes the estimated | 23 |
| dates of completion
of the redevelopment project and | 24 |
| retirement of obligations issued to finance
redevelopment | 25 |
| project costs. Those dates: shall not be
later than | 26 |
| December 31 of the year in which the payment to the |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| municipal
treasurer as provided in subsection (b) of | 2 |
| Section 11-74.4-8 of this Act is to
be made with respect to | 3 |
| ad valorem taxes levied in the twenty-third
calendar year | 4 |
| after the year in which the ordinance approving the
| 5 |
| redevelopment project area is adopted if the ordinance was | 6 |
| adopted on or after
January 15, 1981; shall not be later | 7 |
| than 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 thirty-third calendar
year | 11 |
| after the year in which the ordinance approving the
| 12 |
| redevelopment project area if the ordinance was adopted on | 13 |
| May 20, 1985 by the Village of Wheeling; and
shall not be | 14 |
| later than December 31 of the year in which the payment to | 15 |
| the 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-fifth calendar
year | 18 |
| after the year in which the ordinance approving the
| 19 |
| redevelopment project area is adopted:
| 20 |
| (A) if the ordinance was adopted before January 15,
| 21 |
| 1981, or
| 22 |
| (B) if the ordinance was adopted in December 1983, | 23 |
| April 1984,
July 1985, or December 1989, or
| 24 |
| (C) if the ordinance was adopted in December 1987 | 25 |
| and the
redevelopment project is located within one | 26 |
| mile of Midway Airport, or
|
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| (D) if the ordinance was adopted before January 1, | 2 |
| 1987 by a
municipality
in Mason County, or
| 3 |
| (E) if the municipality is
subject to the Local | 4 |
| Government Financial Planning and Supervision Act or | 5 |
| the
Financially Distressed City Law, or
| 6 |
| (F) if
the ordinance was adopted in December 1984 | 7 |
| by the Village of Rosemont, or
| 8 |
| (G) if
the ordinance was adopted on December 31, | 9 |
| 1986 by a municipality
located in Clinton County
for | 10 |
| which at least $250,000 of tax
increment bonds were | 11 |
| authorized on June 17, 1997, or if
the ordinance was | 12 |
| adopted on December 31, 1986 by a municipality with
a | 13 |
| population in 1990 of less than 3,600 that is located | 14 |
| in a county with a
population in 1990 of less than | 15 |
| 34,000 and for which at least $250,000 of tax
increment | 16 |
| bonds were authorized on June 17, 1997, or
| 17 |
| (H) if the ordinance was adopted on October 5, 1982 | 18 |
| by the City of
Kankakee, or if the ordinance was | 19 |
| adopted on December 29, 1986 by East St.
Louis, or
| 20 |
| (I) if the ordinance was adopted on November 12, | 21 |
| 1991 by the Village
of Sauget, or
| 22 |
| (J) if the ordinance was adopted on February 11, | 23 |
| 1985 by the City of
Rock Island, or
| 24 |
| (K) if the ordinance was adopted before December | 25 |
| 18, 1986 by the City of
Moline, or
| 26 |
| (L) if the ordinance was adopted in September 1988 |
|
|
|
SB2743 |
- 29 - |
LRB095 16663 HLH 42694 b |
|
| 1 |
| by Sauk Village,
or
| 2 |
| (M) if the ordinance was adopted in October 1993 by | 3 |
| Sauk Village,
or
| 4 |
| (N) if the ordinance was adopted on December 29, | 5 |
| 1986 by the City of
Galva, or
| 6 |
| (O) if the ordinance was adopted in March 1991 by | 7 |
| the City of
Centreville, or
| 8 |
| (P) if the ordinance was adopted on January 23, | 9 |
| 1991 by the
City of East St. Louis, or
| 10 |
| (Q) if the ordinance was adopted on December 22, | 11 |
| 1986 by the City of
Aledo, or
| 12 |
| (R) if the ordinance was adopted on February 5, | 13 |
| 1990 by the City of
Clinton, or
| 14 |
| (S) if the ordinance was adopted on September 6, | 15 |
| 1994 by the City of
Freeport, or
| 16 |
| (T) if the ordinance was adopted on December 22, | 17 |
| 1986 by the City of
Tuscola, or
| 18 |
| (U) if the ordinance was adopted on December 23, | 19 |
| 1986 by the City of
Sparta, or
| 20 |
| (V) if the ordinance was adopted on December 23, | 21 |
| 1986 by the City of
Beardstown, or
| 22 |
| (W) if the ordinance was adopted on April 27, 1981, | 23 |
| October 21, 1985, or
December 30, 1986 by the City of | 24 |
| Belleville, or
| 25 |
| (X) if the ordinance was adopted on December 29, | 26 |
| 1986 by the City of
Collinsville, or
|
|
|
|
SB2743 |
- 30 - |
LRB095 16663 HLH 42694 b |
|
| 1 |
| (Y) if the ordinance was adopted on September 14, | 2 |
| 1994 by the City of
Alton, or
| 3 |
| (Z) if the ordinance was adopted on November 11, | 4 |
| 1996 by the City of
Lexington, or
| 5 |
| (AA) if the ordinance was adopted on November 5, | 6 |
| 1984 by the City of
LeRoy, or
| 7 |
| (BB) if the ordinance was adopted on April 3, 1991 | 8 |
| or June 3, 1992 by
the City of Markham, or
| 9 |
| (CC) if the ordinance was adopted on November 11, | 10 |
| 1986 by the City of Pekin, or
| 11 |
| (DD) if the ordinance was adopted on December 15, | 12 |
| 1981 by the City of Champaign, or | 13 |
| (EE) if the ordinance was adopted on December 15, | 14 |
| 1986 by the City of Urbana, or | 15 |
| (FF) if the ordinance was adopted on December 15, | 16 |
| 1986 by the Village of Heyworth, or | 17 |
| (GG) if the ordinance was adopted on February 24, | 18 |
| 1992 by the Village of Heyworth, or | 19 |
| (HH) if the ordinance was adopted on March 16, 1995 | 20 |
| by the Village of Heyworth, or | 21 |
| (II) if the ordinance was adopted on December 23, | 22 |
| 1986 by the Town of Cicero, or | 23 |
| (JJ) if the ordinance was adopted on December 30, | 24 |
| 1986 by the City of Effingham, or | 25 |
| (KK) if the ordinance was adopted on May 9, 1991 by | 26 |
| the Village of
Tilton, or |
|
|
|
SB2743 |
- 31 - |
LRB095 16663 HLH 42694 b |
|
| 1 |
| (LL) if the ordinance was adopted on October 20, | 2 |
| 1986 by the City of Elmhurst, or | 3 |
| (MM) if the ordinance was adopted on January 19, | 4 |
| 1988 by the City of
Waukegan, or | 5 |
| (NN) if the ordinance was adopted on September 21, | 6 |
| 1998 by the City of
Waukegan, or | 7 |
| (OO) if the ordinance was adopted on December 31, | 8 |
| 1986 by the City of Sullivan, or | 9 |
| (PP) if the ordinance was adopted on December 23, | 10 |
| 1991 by the City of Sullivan, or
| 11 |
| (QQ) if the ordinance was adopted on December 31, | 12 |
| 1986 by the City of Oglesby, or | 13 |
| (RR) if the ordinance was adopted on July 28, 1987 | 14 |
| by the City of Marion, or | 15 |
| (SS) if the ordinance was adopted on April 23, 1990 | 16 |
| by the City of Marion, or
| 17 |
| (TT) if the ordinance was adopted on August 20, | 18 |
| 1985 by the Village of Mount Prospect, or | 19 |
| (UU) if the ordinance was adopted on February 2, | 20 |
| 1998 by the Village of Woodhull, or | 21 |
| (VV) if the ordinance was adopted on April 20, 1993 | 22 |
| by the Village of Princeville, or | 23 |
| (WW) if the ordinance was adopted on July 1, 1986 | 24 |
| by the City of Granite City, or | 25 |
| (XX) if the ordinance was adopted on February 2, | 26 |
| 1989 by the Village of Lombard, or |
|
|
|
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|
| 1 |
| (YY) if the ordinance was adopted on December 29, | 2 |
| 1986 by the Village of Gardner, or
| 3 |
| (ZZ) if the ordinance was adopted on July 14, 1999 | 4 |
| by the Village of Paw Paw, or | 5 |
| (AAA) if the ordinance was adopted on November 17, | 6 |
| 1986 by the Village of Franklin Park, or | 7 |
| (BBB) if the ordinance was adopted on November 20, | 8 |
| 1989 by the Village of South Holland, or | 9 |
| (CCC) if the ordinance was adopted on July 14, 1992 | 10 |
| by the Village of Riverdale , or .
| 11 |
| (DDD)
(CCC) if the ordinance was adopted on | 12 |
| December 29, 1986 by the City of Galesburg, or
| 13 |
| (EEE)
(DDD) if the ordinance was adopted on April | 14 |
| 1, 1985 by the City of Galesburg , or .
| 15 |
| (FFF)
(CCC) if the ordinance was adopted on May 21, | 16 |
| 1990 by the City of West Chicago , or .
| 17 |
| (GGG)
(CCC) if the ordinance was adopted on | 18 |
| December 16, 1986 by the City of Oak Forest , or .
| 19 |
| (HHH)
(AAA) if the ordinance was adopted in 1999 by | 20 |
| the City of Villa Grove , or .
| 21 |
| (III)
(CCC) if the ordinance was adopted on January | 22 |
| 13, 1987 by the Village of Mt. Zion , or .
| 23 |
| (JJJ)
(CCC) if the ordinance was adopted on | 24 |
| December 30, 1986 by the Village of Manteno , ; or
| 25 |
| (KKK)
(DDD) if the ordinance was adopted on April | 26 |
| 3, 1989 by the City of Chicago Heights , ; or |
|
|
|
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|
| 1 |
| (LLL)
(EEE) if the ordinance was adopted on January | 2 |
| 6, 1999 by the Village of Rosemont, or | 3 |
| (MMM)
(FFF) if the ordinance was adopted on | 4 |
| December 19, 2000 by the Village of Stone Park.
| 5 |
| However, for redevelopment project areas for which | 6 |
| bonds were issued before
July 29, 1991, or for which | 7 |
| contracts were entered into before June 1,
1988, in | 8 |
| connection with a redevelopment project in the area within
| 9 |
| the State Sales Tax Boundary, the estimated dates of | 10 |
| completion of the
redevelopment project and retirement of | 11 |
| obligations to finance redevelopment
project costs may be | 12 |
| extended by municipal ordinance to December 31, 2013.
The | 13 |
| termination procedures of subsection (b) of Section | 14 |
| 11-74.4-8 are not
required for
these redevelopment project | 15 |
| areas in 2009 but are required in 2013.
The extension | 16 |
| allowed by this amendatory Act of 1993 shall not apply to | 17 |
| real
property tax increment allocation financing under | 18 |
| Section 11-74.4-8.
| 19 |
| A municipality may by municipal ordinance amend an | 20 |
| existing redevelopment
plan to conform to this paragraph | 21 |
| (3) as amended by Public Act 91-478, which
municipal | 22 |
| ordinance may be adopted without
further hearing or
notice | 23 |
| and without complying with the procedures provided in this | 24 |
| Act
pertaining to an amendment to or the initial approval | 25 |
| of a redevelopment plan
and project and
designation of a | 26 |
| redevelopment project area.
|
|
|
|
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|
| 1 |
| Those dates, for purposes of real property tax | 2 |
| increment allocation
financing pursuant to Section | 3 |
| 11-74.4-8 only, shall be not more than 35 years
for | 4 |
| redevelopment project areas that were adopted on or after | 5 |
| December 16,
1986 and for which at least $8 million worth | 6 |
| of municipal bonds were authorized
on or after December 19, | 7 |
| 1989 but before January 1, 1990; provided that the
| 8 |
| municipality elects to extend the life of the redevelopment | 9 |
| project area to 35
years by the adoption of an ordinance | 10 |
| after at least 14 but not more than 30
days' written notice | 11 |
| to the taxing bodies, that would otherwise constitute the
| 12 |
| joint review board for the redevelopment project area, | 13 |
| before the adoption of
the ordinance.
| 14 |
| Those dates, for purposes of real property tax | 15 |
| increment allocation
financing pursuant to Section | 16 |
| 11-74.4-8 only, shall be not more than 35 years
for | 17 |
| redevelopment project areas that were established on or | 18 |
| after December 1,
1981 but before January 1, 1982 and for | 19 |
| which at least $1,500,000 worth of
tax increment revenue | 20 |
| bonds were authorized
on or after September 30, 1990 but | 21 |
| before July 1, 1991; provided that the
municipality elects | 22 |
| to extend the life of the redevelopment project area to 35
| 23 |
| years by the adoption of an ordinance after at least 14 but | 24 |
| not more than 30
days' written notice to the taxing bodies, | 25 |
| that would otherwise constitute the
joint review board for | 26 |
| the redevelopment project area, before the adoption of
the |
|
|
|
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|
| 1 |
| ordinance.
| 2 |
| (3.5) The municipality finds, in the case of an | 3 |
| industrial
park
conservation area, also that the | 4 |
| municipality is a labor surplus municipality
and that the | 5 |
| implementation of the redevelopment plan will reduce | 6 |
| unemployment,
create new jobs and by the provision of new | 7 |
| facilities enhance the tax base of
the taxing districts | 8 |
| that extend into the redevelopment project area.
| 9 |
| (4) If any incremental revenues are being utilized | 10 |
| under
Section 8(a)(1)
or 8(a)(2) of this Act in | 11 |
| redevelopment project areas approved by ordinance
after | 12 |
| January 1, 1986, the municipality finds: (a) that the | 13 |
| redevelopment
project area would not reasonably be | 14 |
| developed without the use of such
incremental revenues, and | 15 |
| (b) that such incremental revenues will be
exclusively | 16 |
| utilized for the development of the redevelopment project | 17 |
| area.
| 18 |
| (5) If
the redevelopment plan will not result in
| 19 |
| displacement of
residents from 10 or more inhabited | 20 |
| residential units, and the
municipality certifies in the | 21 |
| plan that
such displacement will not result from the plan, | 22 |
| a housing impact study
need not be performed.
If, however, | 23 |
| the redevelopment plan would result in the displacement
of
| 24 |
| residents from 10 or more inhabited
residential units,
or | 25 |
| if the redevelopment project area contains 75 or more | 26 |
| inhabited residential
units and no
certification is made,
|
|
|
|
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|
| 1 |
| then the municipality shall prepare, as part of the | 2 |
| separate
feasibility report required by subsection (a) of | 3 |
| Section 11-74.4-5, a housing
impact study.
| 4 |
| Part I of the housing impact study shall include (i) | 5 |
| data as to whether
the residential units are single family | 6 |
| or multi-family units,
(ii) the number and type of rooms | 7 |
| within the units, if that information is
available, (iii) | 8 |
| whether
the
units are inhabited or uninhabited, as | 9 |
| determined not less than 45
days before the date that the | 10 |
| ordinance or resolution required
by subsection (a) of | 11 |
| Section 11-74.4-5 is passed, and (iv) data as to the
racial | 12 |
| and ethnic composition of the residents in the inhabited | 13 |
| residential
units. The data requirement as to the racial | 14 |
| and ethnic composition of the
residents in the inhabited | 15 |
| residential units shall be deemed to be fully
satisfied by | 16 |
| data from the most recent federal census.
| 17 |
| Part II of the housing impact study shall identify the | 18 |
| inhabited
residential units in the proposed redevelopment | 19 |
| project area that are to be or
may be removed. If inhabited | 20 |
| residential units are to be removed, then the
housing | 21 |
| impact study shall identify (i) the number and location of | 22 |
| those units
that will or may be removed, (ii) the | 23 |
| municipality's plans for relocation
assistance for those | 24 |
| residents in the proposed redevelopment project area
whose | 25 |
| residences are to be removed, (iii) the availability of | 26 |
| replacement
housing for those residents whose residences |
|
|
|
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|
| 1 |
| are to be removed, and shall
identify the type, location, | 2 |
| and cost of the housing, and (iv) the type and
extent
of | 3 |
| relocation assistance to be provided.
| 4 |
| (6) On and after November 1, 1999, the
housing impact | 5 |
| study required by paragraph (5) shall be
incorporated in | 6 |
| the redevelopment plan for the
redevelopment project area.
| 7 |
| (7) On and after November 1, 1999, no
redevelopment | 8 |
| plan shall be adopted, nor an
existing plan amended, nor | 9 |
| shall residential housing that is
occupied by households of | 10 |
| low-income and very low-income
persons in currently | 11 |
| existing redevelopment project
areas be removed after | 12 |
| November 1, 1999 unless the redevelopment plan provides, | 13 |
| with
respect to inhabited housing units that are to be | 14 |
| removed for
households of low-income and very low-income | 15 |
| persons, affordable
housing and relocation assistance not | 16 |
| less than that which would
be provided under the federal | 17 |
| Uniform Relocation Assistance and
Real Property | 18 |
| Acquisition Policies Act of 1970 and the regulations
under | 19 |
| that Act, including the eligibility criteria.
Affordable | 20 |
| housing may be either existing or newly constructed
| 21 |
| housing. For purposes of this paragraph (7), "low-income
| 22 |
| households", "very low-income households", and "affordable
| 23 |
| housing" have the meanings set forth in the Illinois | 24 |
| Affordable
Housing Act.
The municipality shall make a good | 25 |
| faith effort to ensure that this affordable
housing is | 26 |
| located in or near the redevelopment project area within |
|
|
|
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|
| 1 |
| the
municipality.
| 2 |
| (8) On and after November 1, 1999, if,
after the | 3 |
| adoption of the redevelopment plan for the
redevelopment | 4 |
| project area, any municipality desires to amend its
| 5 |
| redevelopment plan
to remove more inhabited residential | 6 |
| units than
specified in its original redevelopment plan, | 7 |
| that change shall be made in
accordance with the procedures | 8 |
| in subsection (c) of Section 11-74.4-5.
| 9 |
| (9) For redevelopment project areas designated prior | 10 |
| to November 1,
1999, the redevelopment plan may be amended | 11 |
| without further joint review board
meeting or hearing, | 12 |
| provided that the municipality shall give notice of any
| 13 |
| such changes by mail to each affected taxing district and | 14 |
| registrant on the
interested party registry, to authorize | 15 |
| the municipality to expend tax
increment revenues for | 16 |
| redevelopment project costs defined by paragraphs (5)
and | 17 |
| (7.5), subparagraphs (E) and (F) of paragraph (11), and | 18 |
| paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | 19 |
| long as the changes do not increase the
total estimated | 20 |
| redevelopment project costs set out in the redevelopment | 21 |
| plan
by more than 5% after adjustment for inflation from | 22 |
| the date the plan was
adopted.
| 23 |
| (o) "Redevelopment project" means any public and private | 24 |
| development project
in furtherance of the objectives of a | 25 |
| redevelopment plan.
On and after November 1, 1999 (the | 26 |
| effective date of Public Act 91-478), no
redevelopment plan may |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| be approved or amended that includes the development
of vacant | 2 |
| land (i) with a golf course and related clubhouse and other
| 3 |
| facilities
or (ii) designated by federal, State, county, or | 4 |
| municipal government as public
land for outdoor recreational | 5 |
| activities or for nature preserves and used for
that purpose | 6 |
| within 5
years prior to the adoption of the redevelopment plan. | 7 |
| For the purpose of
this subsection, "recreational activities" | 8 |
| is limited to mean camping and
hunting.
| 9 |
| (p) "Redevelopment project area" means an area designated | 10 |
| by
the
municipality, which is not less in the aggregate than 1 | 11 |
| 1/2 acres and in
respect to which the municipality has made a | 12 |
| finding that there exist
conditions which cause the area to be | 13 |
| classified as an industrial park
conservation area or a | 14 |
| blighted area or a conservation area, or a
combination of both | 15 |
| blighted areas and conservation areas.
| 16 |
| (q) "Redevelopment project costs" mean and include the sum | 17 |
| total of all
reasonable or necessary costs incurred or | 18 |
| estimated to be incurred, and
any such costs incidental to a | 19 |
| redevelopment plan and a redevelopment
project. Such costs | 20 |
| include, without limitation, the following:
| 21 |
| (1) Costs of studies, surveys, development of plans, | 22 |
| and
specifications, implementation and administration of | 23 |
| the redevelopment
plan including but not limited to staff | 24 |
| and professional service costs for
architectural, | 25 |
| engineering, legal, financial, planning or other
services, | 26 |
| provided however that no charges for professional services |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| may be
based on a percentage of the tax increment | 2 |
| collected; except that on and
after November 1, 1999 (the | 3 |
| effective date of Public Act 91-478), no
contracts for
| 4 |
| professional services, excluding architectural and | 5 |
| engineering services, may be
entered into if the terms of | 6 |
| the contract extend
beyond a period of 3 years. In | 7 |
| addition, "redevelopment project costs" shall
not include | 8 |
| lobbying expenses.
After consultation with the | 9 |
| municipality, each tax
increment consultant or advisor to a | 10 |
| municipality that plans to designate or
has designated a | 11 |
| redevelopment project area shall inform the municipality | 12 |
| in
writing of any contracts that the consultant or advisor | 13 |
| has entered into with
entities or individuals that have | 14 |
| received, or are receiving, payments financed
by tax
| 15 |
| increment revenues produced by the redevelopment project | 16 |
| area with respect to
which the consultant or advisor has | 17 |
| performed, or will be performing, service
for the
| 18 |
| municipality. This requirement shall be satisfied by the | 19 |
| consultant or advisor
before the commencement of services | 20 |
| for the municipality and thereafter
whenever any other | 21 |
| contracts with those individuals or entities are executed | 22 |
| by
the consultant or advisor;
| 23 |
| (1.5) After July 1, 1999, annual administrative costs | 24 |
| shall
not include general overhead or
administrative costs | 25 |
| of the municipality
that would still have been incurred by | 26 |
| the municipality if the municipality had
not
designated a |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| redevelopment project area or approved a redevelopment | 2 |
| plan;
| 3 |
| (1.6) The cost of
marketing sites within the | 4 |
| redevelopment project area to prospective
businesses, | 5 |
| developers, and investors;
| 6 |
| (2) Property assembly costs, including but not limited | 7 |
| to acquisition
of land and other property, real or | 8 |
| personal, or rights or interests therein,
demolition of | 9 |
| buildings, site preparation, site improvements that serve | 10 |
| as an
engineered barrier addressing ground level or below | 11 |
| ground environmental
contamination, including, but not | 12 |
| limited to parking lots and other concrete
or asphalt | 13 |
| barriers, and the clearing and grading of
land;
| 14 |
| (3) Costs of rehabilitation, reconstruction or repair | 15 |
| or remodeling of
existing public or private buildings, | 16 |
| fixtures, and leasehold
improvements; and the cost of | 17 |
| replacing
an existing public building if pursuant to the | 18 |
| implementation of a
redevelopment project the existing | 19 |
| public building is to be demolished to use
the site for | 20 |
| private investment or
devoted to a different use requiring | 21 |
| private investment;
| 22 |
| (4) Costs of the construction of public works or | 23 |
| improvements, except
that on and after November 1, 1999,
| 24 |
| redevelopment
project costs shall not include the cost of | 25 |
| constructing a
new municipal public building principally | 26 |
| used to provide
offices, storage space, or conference |
|
|
|
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LRB095 16663 HLH 42694 b |
|
| 1 |
| facilities or vehicle storage,
maintenance, or repair for | 2 |
| administrative,
public safety, or public works personnel
| 3 |
| and that is not intended to replace an existing
public | 4 |
| building as provided under paragraph (3) of subsection (q) | 5 |
| of Section
11-74.4-3
unless either (i) the construction of | 6 |
| the new municipal building
implements a redevelopment | 7 |
| project that was included in a redevelopment plan
that was | 8 |
| adopted by the municipality prior to November 1, 1999 or | 9 |
| (ii) the
municipality makes a reasonable
determination in | 10 |
| the redevelopment plan, supported by information that | 11 |
| provides
the basis for that determination, that the new | 12 |
| municipal building is required
to meet an increase in the | 13 |
| need for public safety purposes anticipated to
result from | 14 |
| the implementation of the redevelopment plan;
| 15 |
| (5) Costs of job training and retraining projects, | 16 |
| including the cost of
"welfare to work" programs | 17 |
| implemented by businesses located within the
redevelopment | 18 |
| project area;
| 19 |
| (6) Financing costs, including but not limited to all | 20 |
| necessary and
incidental expenses related to the issuance | 21 |
| of obligations and which may
include payment of interest on | 22 |
| any obligations issued hereunder including
interest | 23 |
| accruing
during the estimated period of construction of any | 24 |
| redevelopment project
for which such obligations are | 25 |
| issued and for not exceeding 36 months
thereafter and | 26 |
| including reasonable reserves related thereto;
|
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| (7) To the extent the municipality by written agreement | 2 |
| accepts and
approves
the same, all or a portion of a taxing | 3 |
| district's capital costs resulting
from the redevelopment | 4 |
| project necessarily incurred or to be incurred within a
| 5 |
| taxing district in
furtherance of the objectives of the | 6 |
| redevelopment plan and project.
| 7 |
| (7.5) 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 November 1,
1999,
an elementary, secondary,
or | 11 |
| unit school
district's increased costs attributable to | 12 |
| assisted housing units located
within the
redevelopment | 13 |
| project area for which the developer or redeveloper | 14 |
| receives
financial assistance through an agreement with | 15 |
| the municipality or because the
municipality incurs the | 16 |
| cost of necessary infrastructure improvements within
the | 17 |
| boundaries of the assisted housing sites necessary for the | 18 |
| completion of
that housing
as authorized by this Act, and | 19 |
| which costs shall be paid by the municipality
from the | 20 |
| Special Tax Allocation Fund when the tax increment revenue | 21 |
| is received
as a result of the assisted housing units and | 22 |
| shall be calculated annually as
follows:
| 23 |
| (A) for foundation districts, excluding any school | 24 |
| district in a
municipality with a population in excess | 25 |
| of 1,000,000, by multiplying the
district's increase | 26 |
| in attendance resulting from the net increase in new
|
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| students enrolled in that school district who reside in | 2 |
| housing units within
the redevelopment project area | 3 |
| that have received financial assistance through
an | 4 |
| agreement with the municipality or because the | 5 |
| municipality incurs the cost
of necessary | 6 |
| infrastructure improvements within the boundaries of | 7 |
| the housing
sites necessary for the completion of that | 8 |
| housing as authorized by this Act
since the designation | 9 |
| of the redevelopment project area by the most recently
| 10 |
| available per capita tuition cost as defined in Section | 11 |
| 10-20.12a of the School
Code less any increase in | 12 |
| general State aid as defined in Section 18-8.05 of
the | 13 |
| School Code attributable to these added new students | 14 |
| subject to the
following annual limitations:
| 15 |
| (i) for unit school districts with a district | 16 |
| average 1995-96 Per
Capita
Tuition Charge of less | 17 |
| than $5,900, no more than 25% of the total amount | 18 |
| of
property tax increment revenue produced by | 19 |
| those housing units that have
received tax | 20 |
| increment finance assistance under this Act;
| 21 |
| (ii) for elementary school districts with a | 22 |
| district average 1995-96
Per
Capita Tuition Charge | 23 |
| of less than $5,900, no more than 17% of the total | 24 |
| amount
of property tax increment revenue produced | 25 |
| by those housing units that have
received tax | 26 |
| increment finance assistance under this Act; and
|
|
|
|
SB2743 |
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|
| 1 |
| (iii) for secondary school districts with a | 2 |
| district average 1995-96
Per
Capita Tuition Charge | 3 |
| of less than $5,900, no more than 8% of the total | 4 |
| amount
of property tax increment revenue produced | 5 |
| by those housing units that have
received tax | 6 |
| increment finance assistance under this Act.
| 7 |
| (B) For alternate method districts, flat grant | 8 |
| districts, and foundation
districts with a district | 9 |
| average 1995-96 Per Capita Tuition Charge equal to or
| 10 |
| more than $5,900, excluding any school district with a | 11 |
| population in excess of
1,000,000, by multiplying the | 12 |
| district's increase in attendance
resulting
from the | 13 |
| net increase in new students enrolled in that school | 14 |
| district who
reside in
housing units within the | 15 |
| redevelopment project area that have received
| 16 |
| financial assistance through an agreement with the | 17 |
| municipality or because the
municipality incurs the | 18 |
| cost of necessary infrastructure improvements within
| 19 |
| the boundaries of the housing sites necessary for the | 20 |
| completion of that
housing as authorized by this Act | 21 |
| since the designation of the redevelopment
project | 22 |
| area by the most recently available per capita tuition | 23 |
| cost as defined
in Section 10-20.12a of the School Code | 24 |
| less any increase in general state aid
as defined in | 25 |
| Section 18-8.05 of the School Code attributable to | 26 |
| these added
new students subject to the following |
|
|
|
SB2743 |
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LRB095 16663 HLH 42694 b |
|
| 1 |
| annual limitations:
| 2 |
| (i) for unit school districts, no more than 40% | 3 |
| of the total amount of
property tax increment | 4 |
| revenue produced by those housing units that have
| 5 |
| received tax increment finance assistance under | 6 |
| this Act;
| 7 |
| (ii) for elementary school districts, no more | 8 |
| than 27% of the total
amount
of property tax | 9 |
| increment revenue produced by those housing units | 10 |
| that have
received tax increment finance | 11 |
| assistance under this Act; and
| 12 |
| (iii) for secondary school districts, no more | 13 |
| than 13% of the total
amount
of property tax | 14 |
| increment revenue produced by those housing units | 15 |
| that have
received tax increment finance | 16 |
| assistance under this Act.
| 17 |
| (C) For any school district in a municipality with | 18 |
| a population in
excess of
1,000,000, the following | 19 |
| restrictions shall apply to the
reimbursement of | 20 |
| increased costs under this paragraph (7.5):
| 21 |
| (i) no increased costs shall be reimbursed | 22 |
| unless the school district
certifies that each of | 23 |
| the schools affected by the assisted housing | 24 |
| project
is at or over its student capacity;
| 25 |
| (ii) the amount reimbursable shall be reduced | 26 |
| by the value of any
land
donated to the school |
|
|
|
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|
| 1 |
| district by the municipality or developer, and by | 2 |
| the
value of any physical improvements made to the | 3 |
| schools by the
municipality or developer; and
| 4 |
| (iii) the amount reimbursed may not affect | 5 |
| amounts otherwise obligated
by
the terms of any | 6 |
| bonds, notes, or other funding instruments, or the | 7 |
| terms of
any redevelopment agreement.
| 8 |
| Any school district seeking payment under this | 9 |
| paragraph (7.5) shall,
after July 1 and before | 10 |
| September 30 of each year,
provide the municipality | 11 |
| with reasonable evidence to support its claim for
| 12 |
| reimbursement before the municipality shall be | 13 |
| required to approve or make
the payment to the school | 14 |
| district. If the school district fails to provide
the | 15 |
| information during this period in any year, it shall | 16 |
| forfeit any claim to
reimbursement for that year. | 17 |
| School districts may adopt a resolution
waiving the | 18 |
| right to all or a portion of the reimbursement | 19 |
| otherwise required
by this paragraph
(7.5). By | 20 |
| acceptance of this reimbursement the school
district | 21 |
| waives the right to directly or indirectly set aside, | 22 |
| modify, or
contest in any manner the establishment of | 23 |
| the redevelopment project area or
projects;
| 24 |
| (7.7) For redevelopment project areas designated (or | 25 |
| redevelopment
project areas amended to add or increase the | 26 |
| number of
tax-increment-financing assisted housing units) |
|
|
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| on or after
January 1, 2005 (the effective date of Public | 2 |
| Act 93-961),
a public library
district's increased costs | 3 |
| attributable to assisted housing units located
within the
| 4 |
| redevelopment project area for which the developer or | 5 |
| redeveloper receives
financial assistance through an | 6 |
| agreement with the municipality or because the
| 7 |
| municipality incurs the cost of necessary infrastructure | 8 |
| improvements within
the boundaries of the assisted housing | 9 |
| sites necessary for the completion of
that housing
as | 10 |
| authorized by this Act shall be paid to the library | 11 |
| district by the
municipality
from the Special Tax | 12 |
| Allocation Fund when the tax increment revenue is received
| 13 |
| as a result of the assisted housing units. This paragraph | 14 |
| (7.7) applies only if (i) the library district is located | 15 |
| in a county that is subject to the Property Tax Extension | 16 |
| Limitation Law or (ii) the library district is not located | 17 |
| in a county that is subject to the Property Tax Extension | 18 |
| Limitation Law but the district is prohibited by any other | 19 |
| law from increasing its tax levy rate without a prior voter | 20 |
| referendum.
| 21 |
| The amount paid to a library district under this | 22 |
| paragraph (7.7) shall be
calculated
by multiplying (i) the | 23 |
| net increase in the number of persons eligible to obtain
a
| 24 |
| library card
in that district who reside in housing units | 25 |
| within
the redevelopment project area that have received | 26 |
| financial assistance through
an agreement with the |
|
|
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| municipality or because the municipality incurs the cost
of | 2 |
| necessary infrastructure improvements within the | 3 |
| boundaries of the housing
sites necessary for the | 4 |
| completion of that housing as authorized by this Act
since | 5 |
| the designation of the redevelopment project area by (ii)
| 6 |
| the per-patron cost of providing library services so long | 7 |
| as it does not exceed $120.
The per-patron cost shall be | 8 |
| the Total Operating Expenditures Per Capita as stated in | 9 |
| the most recent Illinois Public Library Statistics | 10 |
| produced by the Library Research Center at the University | 11 |
| of Illinois.
The municipality may deduct from the amount | 12 |
| that it must pay to a library district under this paragraph | 13 |
| any amount that it has voluntarily paid to the library | 14 |
| district from the tax increment revenue. The amount paid to | 15 |
| a library district under this paragraph (7.7) shall be no
| 16 |
| more
than 2% of the amount produced by the assisted housing | 17 |
| units and deposited into the Special Tax Allocation Fund.
| 18 |
| A library district is not eligible for any payment | 19 |
| under this paragraph
(7.7)
unless the library district has | 20 |
| experienced an increase in the
number of patrons from the | 21 |
| municipality that created the tax-increment-financing | 22 |
| district since the designation of the redevelopment | 23 |
| project area.
| 24 |
| Any library district seeking payment under this | 25 |
| paragraph (7.7) shall,
after July 1 and before September 30 | 26 |
| of each year,
provide the municipality with convincing |
|
|
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| 1 |
| evidence to support its claim for
reimbursement before the | 2 |
| municipality shall be required to approve or make
the | 3 |
| payment to the library district. If the library district | 4 |
| fails to provide
the information during this period in any | 5 |
| year, it shall forfeit any claim to
reimbursement for that | 6 |
| year. Library districts may adopt a resolution
waiving the | 7 |
| right to all or a portion of the reimbursement otherwise | 8 |
| required by this paragraph (7.7). By acceptance of such | 9 |
| reimbursement, the library district shall forfeit any | 10 |
| right to directly or indirectly set aside, modify, or | 11 |
| contest in any manner whatsoever the establishment of the | 12 |
| redevelopment project area or
projects; | 13 |
| (7.9) For redevelopment project areas designated or | 14 |
| amended on or after January 1, 2009, a fire protection | 15 |
| district's increased costs attributable to the | 16 |
| redevelopment project area shall be paid to the fire | 17 |
| protection district by the municipality from the Special | 18 |
| Tax Allocation Fund when the tax increment revenue is | 19 |
| received. | 20 |
| The amount paid to a fire protection district under | 21 |
| this paragraph (7.9) shall be calculated as follows: | 22 |
| (A) By multiplying (i) the net increase in the | 23 |
| number of persons served by the fire protection | 24 |
| district by (ii) the fire protection district's | 25 |
| per-person cost of providing fire protection services. | 26 |
| (B) If a redevelopment project area contains one or |
|
|
|
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| 1 |
| more buildings over 2 stories in height, and if the | 2 |
| fire protection district serving the redevelopment | 3 |
| project area does not possess a ladder apparatus | 4 |
| capable of reaching the roof of the tallest building in | 5 |
| the redevelopment project area, the amount paid to the | 6 |
| fire protection district under this paragraph (7.9) | 7 |
| shall include the cost of a ladder apparatus capable of | 8 |
| reaching the roof of the tallest building in the | 9 |
| redevelopment project area. | 10 |
| (C) If the development of the redevelopment | 11 |
| project area requires the purchase of new apparatus or | 12 |
| equipment, or the addition of new personnel to serve | 13 |
| the needs of the redevelopment project area, the amount | 14 |
| paid to the fire protection district under this | 15 |
| paragraph (7.9) shall include the cost of new apparatus | 16 |
| or equipment, or the addition of new personnel. | 17 |
| (D) If the development of the redevelopment | 18 |
| project area requires the construction of a new fire | 19 |
| station to serve the increased needs of the | 20 |
| redevelopment project area, the amount paid to the fire | 21 |
| protection district under this paragraph (7.9) shall | 22 |
| include the cost to design and construct the new fire | 23 |
| station, as well as the cost of apparatus, equipment, | 24 |
| and personnel for the new fire station. | 25 |
| Any fire protection district seeking payment under | 26 |
| this paragraph (7.9) shall, after July 1 and before |
|
|
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| September 30 of each year, provide the municipality with | 2 |
| convincing evidence to support its claim for reimbursement | 3 |
| before the municipality shall be required to approve or | 4 |
| make the payment to the fire protection district. If the | 5 |
| fire protection district fails to provide the information | 6 |
| during this period in any year, it shall forfeit any claim | 7 |
| to reimbursement for that year. Fire protection districts | 8 |
| may adopt a resolution waiving the rights to all or a | 9 |
| portion of the reimbursement otherwise required by this | 10 |
| paragraph (7.9). By acceptance of such reimbursement, the | 11 |
| fire protection district shall forfeit any right to | 12 |
| directly or indirectly set aside, modify, or contest in any | 13 |
| manner whatsoever the establishment of the redevelopment | 14 |
| project area or projects.
| 15 |
| (8) Relocation costs to the extent that a municipality | 16 |
| determines that
relocation costs shall be paid or is | 17 |
| required to make payment of relocation
costs by federal or | 18 |
| State law or in order to satisfy subparagraph (7) of
| 19 |
| subsection (n);
| 20 |
| (9) Payment in lieu of taxes;
| 21 |
| (10) Costs of job training, retraining, advanced | 22 |
| vocational education
or career
education, including but | 23 |
| not limited to courses in occupational,
semi-technical or | 24 |
| technical fields leading directly to employment, incurred
| 25 |
| by one or more taxing districts, provided that such costs | 26 |
| (i) are related
to the establishment and maintenance of |
|
|
|
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| additional job training, advanced
vocational education or | 2 |
| career education programs for persons employed or
to be | 3 |
| employed by employers located in a redevelopment project | 4 |
| area; and
(ii) when incurred by a taxing district or taxing | 5 |
| districts other than the
municipality, are set forth in a | 6 |
| written agreement by or among the
municipality and the | 7 |
| taxing district or taxing districts, which agreement
| 8 |
| describes the program to be undertaken, including but not | 9 |
| limited to the
number of employees to be trained, a | 10 |
| description of the training and
services to be provided, | 11 |
| the number and type of positions available or to
be | 12 |
| available, itemized costs of the program and sources of | 13 |
| funds to pay for the
same, and the term of the agreement. | 14 |
| Such costs include, specifically, the
payment by community | 15 |
| college districts of costs pursuant to Sections 3-37,
3-38, | 16 |
| 3-40 and 3-40.1 of the Public Community College Act and by | 17 |
| school
districts of costs pursuant to Sections 10-22.20a | 18 |
| and 10-23.3a of The School
Code;
| 19 |
| (11) Interest cost incurred by a redeveloper related to | 20 |
| the
construction, renovation or rehabilitation of a | 21 |
| redevelopment project
provided that:
| 22 |
| (A) such costs are to be paid directly from the | 23 |
| special tax
allocation fund established pursuant to | 24 |
| this Act;
| 25 |
| (B) such payments in any one year may not exceed | 26 |
| 30% of the annual
interest costs incurred by the |
|
|
|
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| redeveloper with regard to the redevelopment
project | 2 |
| during that year;
| 3 |
| (C) if there are not sufficient funds available in | 4 |
| the special tax
allocation fund to make the payment | 5 |
| pursuant to this paragraph (11) then
the amounts so due | 6 |
| shall accrue and be payable when sufficient funds are
| 7 |
| available in the special tax allocation fund;
| 8 |
| (D) the total of such interest payments paid | 9 |
| pursuant to this Act
may not exceed 30% of the total | 10 |
| (i) cost paid or incurred by the
redeveloper for the | 11 |
| redevelopment project plus (ii) redevelopment project
| 12 |
| costs excluding any property assembly costs and any | 13 |
| relocation costs
incurred by a municipality pursuant | 14 |
| to this Act; and
| 15 |
| (E) the cost limits set forth in subparagraphs (B) | 16 |
| and (D) of
paragraph (11) shall be modified for the | 17 |
| financing of rehabilitated or
new housing units for | 18 |
| low-income households and very low-income households, | 19 |
| as
defined in
Section 3 of the Illinois Affordable | 20 |
| Housing Act. The percentage of
75% shall be substituted | 21 |
| for 30% in subparagraphs (B) and (D) of
paragraph (11).
| 22 |
| (F) Instead of the eligible costs provided by | 23 |
| subparagraphs (B) and (D)
of
paragraph (11), as | 24 |
| modified by this subparagraph, and notwithstanding
any | 25 |
| other provisions of this Act to the contrary, the | 26 |
| municipality may
pay from tax increment revenues up to |
|
|
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| 1 |
| 50% of the cost of construction
of new housing units to | 2 |
| be occupied by low-income households and very
| 3 |
| low-income
households as defined in Section 3 of the | 4 |
| Illinois Affordable Housing
Act. The cost of | 5 |
| construction of those units may be derived from the
| 6 |
| proceeds of bonds issued by the municipality under this | 7 |
| Act or
other constitutional or statutory authority or | 8 |
| from other sources of
municipal revenue that may be | 9 |
| reimbursed from tax increment
revenues or the proceeds | 10 |
| of bonds issued to finance the construction
of that | 11 |
| housing.
| 12 |
| The eligible costs provided under this | 13 |
| subparagraph (F) of paragraph (11)
shall
be
an eligible | 14 |
| cost for the construction, renovation, and | 15 |
| rehabilitation of all
low and very low-income housing | 16 |
| units, as defined in Section 3 of the Illinois
| 17 |
| Affordable Housing Act, within the redevelopment | 18 |
| project area. If the low and
very
low-income units are | 19 |
| part of a residential redevelopment project that | 20 |
| includes
units not affordable to low and very | 21 |
| low-income households, only the low and
very | 22 |
| low-income units shall be eligible for benefits under | 23 |
| subparagraph (F) of
paragraph (11).
The standards for | 24 |
| maintaining the occupancy
by low-income households and | 25 |
| very low-income households,
as
defined in Section 3 of | 26 |
| the Illinois Affordable Housing Act,
of those units |
|
|
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| constructed with eligible costs made available under | 2 |
| the
provisions of
this subparagraph (F) of paragraph | 3 |
| (11)
shall be
established by guidelines adopted by the | 4 |
| municipality. The
responsibility for annually | 5 |
| documenting the initial occupancy of
the units by | 6 |
| low-income households and very low-income households, | 7 |
| as defined
in
Section 3
of the Illinois Affordable | 8 |
| Housing Act, shall be that of the then current
owner of | 9 |
| the property.
For ownership units, the guidelines will | 10 |
| provide, at a minimum, for a
reasonable recapture of | 11 |
| funds, or other appropriate methods designed to
| 12 |
| preserve the original affordability of the ownership | 13 |
| units. For rental units,
the guidelines will provide, | 14 |
| at a minimum, for the affordability of rent to low
and | 15 |
| very low-income households. As units become available, | 16 |
| they shall be
rented to income-eligible tenants.
The | 17 |
| municipality may modify these
guidelines from time to | 18 |
| time; the guidelines, however, shall be in effect
for | 19 |
| as long as tax increment revenue is being used to pay | 20 |
| for costs
associated with the units or for the | 21 |
| retirement of bonds issued to finance
the units or for | 22 |
| the life of the redevelopment project area, whichever | 23 |
| is
later.
| 24 |
| (11.5) If the redevelopment project area is located | 25 |
| within a municipality
with a population of more than | 26 |
| 100,000, the cost of day care services for
children of |
|
|
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| 1 |
| employees from
low-income
families working for businesses | 2 |
| located within the redevelopment project area
and all or a
| 3 |
| portion of the cost of operation of day care centers | 4 |
| established by
redevelopment project
area businesses to | 5 |
| serve employees from low-income families working in
| 6 |
| businesses
located in the redevelopment project area. For | 7 |
| the purposes of this paragraph,
"low-income families" | 8 |
| means families whose annual income does not exceed 80% of
| 9 |
| the
municipal, county, or regional median income, adjusted | 10 |
| for family size, as the
annual
income and municipal, | 11 |
| county, or regional median income are determined from
time | 12 |
| to
time by the United States Department of Housing and | 13 |
| Urban Development.
| 14 |
| (12) Unless explicitly stated herein the cost of | 15 |
| construction of new
privately-owned buildings shall not be | 16 |
| an eligible redevelopment project cost.
| 17 |
| (13) After November 1, 1999 (the effective date of | 18 |
| Public Act
91-478), none of
the
redevelopment project costs | 19 |
| enumerated in this subsection shall be eligible
| 20 |
| redevelopment project costs if those costs would provide | 21 |
| direct financial
support to a
retail entity initiating | 22 |
| operations in the
redevelopment project area while
| 23 |
| terminating operations at another Illinois location within | 24 |
| 10 miles of the
redevelopment project area but outside the | 25 |
| boundaries of the redevelopment
project area municipality. | 26 |
| For
purposes of this paragraph, termination means a
closing |
|
|
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| of a retail operation that is directly related to the | 2 |
| opening of the
same operation or like retail entity owned | 3 |
| or operated by more than 50% of the
original ownership in a | 4 |
| redevelopment project area, but
it does not mean
closing an | 5 |
| operation for reasons beyond the control of the
retail | 6 |
| entity, as
documented by the retail entity, subject to a | 7 |
| reasonable finding by the
municipality that the current | 8 |
| location contained inadequate space, had become
| 9 |
| economically obsolete, or was no longer a viable location | 10 |
| for the retailer or
serviceman.
| 11 |
| If a special service area has been established pursuant to
| 12 |
| the Special Service Area Tax Act or Special Service Area Tax | 13 |
| Law, then any
tax increment revenues derived
from the tax | 14 |
| imposed pursuant to the Special Service Area Tax Act or Special
| 15 |
| Service Area Tax Law may
be used within the redevelopment | 16 |
| project area for the purposes permitted by
that Act or Law as | 17 |
| well as the purposes permitted by this Act.
| 18 |
| (r) "State Sales Tax Boundary" means the redevelopment | 19 |
| project area or
the amended redevelopment project area | 20 |
| boundaries which are determined
pursuant to subsection (9) of | 21 |
| Section 11-74.4-8a of this
Act. The Department of Revenue shall | 22 |
| certify pursuant to subsection (9) of
Section 11-74.4-8a the | 23 |
| appropriate boundaries eligible for the
determination of State | 24 |
| Sales Tax Increment.
| 25 |
| (s) "State Sales Tax Increment" means an amount equal to | 26 |
| the increase
in the aggregate amount of taxes paid by retailers |
|
|
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| and servicemen, other
than retailers and servicemen subject to | 2 |
| the Public Utilities Act,
on transactions at places of business | 3 |
| located within a State Sales Tax
Boundary pursuant to the | 4 |
| Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | 5 |
| Tax Act, and the Service Occupation Tax Act, except such
| 6 |
| portion of such increase that is paid into the State and Local | 7 |
| Sales Tax
Reform Fund, the Local Government Distributive Fund, | 8 |
| the Local
Government Tax Fund and the County and Mass Transit | 9 |
| District Fund, for as
long as State participation exists, over | 10 |
| and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | 11 |
| Tax Amounts or the Revised Initial Sales
Tax Amounts for such | 12 |
| taxes as certified by the Department of Revenue and
paid under | 13 |
| those Acts by retailers and servicemen on transactions at | 14 |
| places
of business located within the State Sales Tax Boundary | 15 |
| during the base
year which shall be the calendar year | 16 |
| immediately prior to the year in
which the municipality adopted | 17 |
| tax increment allocation financing, less
3.0% of such amounts | 18 |
| generated under the Retailers' Occupation Tax Act, Use
Tax Act | 19 |
| and Service Use Tax Act and the Service Occupation Tax Act, | 20 |
| which
sum shall be appropriated to the Department of Revenue to | 21 |
| cover its costs
of administering and enforcing this Section. | 22 |
| For purposes of computing the
aggregate amount of such taxes | 23 |
| for base years occurring prior to 1985, the
Department of | 24 |
| Revenue shall compute the Initial Sales Tax Amount for such
| 25 |
| taxes and deduct therefrom an amount equal to 4% of the | 26 |
| aggregate amount of
taxes per year for each year the base year |
|
|
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| is prior to 1985, but not to
exceed a total deduction of 12%. | 2 |
| The amount so determined shall be known
as the "Adjusted | 3 |
| Initial Sales Tax Amount". For purposes of determining the
| 4 |
| State Sales Tax Increment the Department of Revenue shall for | 5 |
| each period
subtract from the tax amounts received from | 6 |
| retailers and servicemen on
transactions located in the State | 7 |
| Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | 8 |
| Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | 9 |
| Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| 10 |
| the Service Use Tax Act and the Service Occupation Tax Act. For | 11 |
| the State
Fiscal Year 1989 this calculation shall be made by | 12 |
| utilizing the calendar
year 1987 to determine the tax amounts | 13 |
| received. For the State Fiscal Year
1990, this calculation | 14 |
| shall be made by utilizing the period from January
1, 1988, | 15 |
| until September 30, 1988, to determine the tax amounts received
| 16 |
| from retailers and servicemen, which shall have deducted | 17 |
| therefrom
nine-twelfths of the certified Initial Sales Tax | 18 |
| Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | 19 |
| Initial Sales Tax Amounts as appropriate.
For the State Fiscal | 20 |
| Year 1991, this calculation shall be made by utilizing
the | 21 |
| period from October 1, 1988, until June 30, 1989, to determine | 22 |
| the tax
amounts received from retailers and servicemen, which | 23 |
| shall have
deducted therefrom nine-twelfths of the certified | 24 |
| Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | 25 |
| Amounts or the Revised Initial Sales
Tax Amounts as | 26 |
| appropriate. For every State Fiscal Year thereafter, the
|
|
|
|
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|
| 1 |
| applicable period shall be the 12 months beginning July 1 and | 2 |
| ending on
June 30, to determine the tax amounts received which | 3 |
| shall have deducted
therefrom the certified Initial Sales Tax | 4 |
| Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | 5 |
| Initial Sales Tax Amounts. Municipalities
intending to receive | 6 |
| a distribution of State Sales Tax Increment must
report a list | 7 |
| of retailers to the Department of Revenue by October 31, 1988
| 8 |
| and by July 31, of each year thereafter.
| 9 |
| (t) "Taxing districts" means counties, townships, cities | 10 |
| and incorporated
towns and villages, school, road, park, | 11 |
| sanitary, mosquito abatement, forest
preserve, public health, | 12 |
| fire protection, river conservancy, tuberculosis
sanitarium | 13 |
| and any other municipal corporations or districts with the | 14 |
| power
to levy taxes.
| 15 |
| (u) "Taxing districts' capital costs" means those costs of | 16 |
| taxing districts
for capital improvements that are found by the | 17 |
| municipal corporate authorities
to be necessary and directly | 18 |
| result from the redevelopment project.
| 19 |
| (v) As used in subsection (a) of Section 11-74.4-3 of this
| 20 |
| Act, "vacant
land" means any parcel or combination of parcels | 21 |
| of real property without
industrial, commercial, and | 22 |
| residential buildings which has not been used
for commercial | 23 |
| agricultural purposes within 5 years prior to the
designation | 24 |
| of the redevelopment project area, unless the parcel
is | 25 |
| included in an industrial park conservation area or the parcel | 26 |
| has
been subdivided; provided that if the parcel was part of a |
|
|
|
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| 1 |
| larger tract that
has been divided into 3 or more smaller | 2 |
| tracts that were accepted for
recording during the period from | 3 |
| 1950 to 1990, then the parcel shall be deemed
to have been | 4 |
| subdivided, and all proceedings and actions of the municipality
| 5 |
| taken in that connection with respect to any previously | 6 |
| approved or designated
redevelopment project area or amended | 7 |
| redevelopment project area are hereby
validated and hereby | 8 |
| declared to be legally sufficient for all purposes of this
Act.
| 9 |
| For purposes of this Section and only for land subject to
the | 10 |
| subdivision requirements of the Plat Act, land is subdivided | 11 |
| when the
original plat of
the proposed Redevelopment Project | 12 |
| Area or relevant portion thereof has
been
properly certified, | 13 |
| acknowledged, approved, and recorded or filed in accordance
| 14 |
| with the Plat Act and a preliminary plat, if any, for any | 15 |
| subsequent phases of
the
proposed Redevelopment Project Area or | 16 |
| relevant portion thereof has been
properly approved and filed | 17 |
| in accordance with the applicable ordinance of the
| 18 |
| municipality.
| 19 |
| (w) "Annual Total Increment" means the sum of each | 20 |
| municipality's
annual Net Sales Tax Increment and each | 21 |
| municipality's annual Net Utility
Tax Increment. The ratio of | 22 |
| the Annual Total Increment of each
municipality to the Annual | 23 |
| Total Increment for all municipalities, as most
recently | 24 |
| calculated by the Department, shall determine the proportional
| 25 |
| shares of the Illinois Tax Increment Fund to be distributed to | 26 |
| each
municipality.
|
|
|
|
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|
| 1 |
| (Source: P.A. 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; | 2 |
| 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. | 3 |
| 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff. | 4 |
| 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, | 5 |
| eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07; | 6 |
| 94-1092, eff. 1-26-07; 95-15, eff. 7-16-07; 95-164, eff. | 7 |
| 1-1-08; 95-331, eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, | 8 |
| eff. 8-27-07; 95-653, eff. 1-1-08; 95-662, eff. 10-11-07; | 9 |
| 95-683, eff. 10-19-07; revised 12-4-07.)
|
|