Sen. Heather A. Steans

Filed: 3/11/2015

 

 


 

 


 
09900SB1226sam001LRB099 09184 AWJ 31959 a

1
AMENDMENT TO SENATE BILL 1226

2    AMENDMENT NO. ______. Amend Senate Bill 1226 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4, and
611-74.4-8 and by adding Section 11-74.4-3.3 as follows:
 
7    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
8    Sec. 11-74.4-3. Definitions. The following terms, wherever
9used or referred to in this Division 74.4 shall have the
10following respective meanings, unless in any case a different
11meaning clearly appears from the context.
12    (a) For any redevelopment project area that has been
13designated pursuant to this Section by an ordinance adopted
14prior to November 1, 1999 (the effective date of Public Act
1591-478), "blighted area" shall have the meaning set forth in
16this Section prior to that date.

 

 

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1    On and after November 1, 1999, "blighted area" means any
2improved or vacant area within the boundaries of a
3redevelopment project area located within the territorial
4limits of the municipality where:
5        (1) If improved, industrial, commercial, and
6    residential buildings or improvements are detrimental to
7    the public safety, health, or welfare because of a
8    combination of 5 or more of the following factors, each of
9    which is (i) present, with that presence documented, to a
10    meaningful extent so that a municipality may reasonably
11    find that the factor is clearly present within the intent
12    of the Act and (ii) reasonably distributed throughout the
13    improved part of the redevelopment project area:
14            (A) Dilapidation. An advanced state of disrepair
15        or neglect of necessary repairs to the primary
16        structural components of buildings or improvements in
17        such a combination that a documented building
18        condition analysis determines that major repair is
19        required or the defects are so serious and so extensive
20        that the buildings must be removed.
21            (B) Obsolescence. The condition or process of
22        falling into disuse. Structures have become ill-suited
23        for the original use.
24            (C) Deterioration. With respect to buildings,
25        defects including, but not limited to, major defects in
26        the secondary building components such as doors,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        construction, demolition, excavation, or dredge sites.
2            (E) Prior to November 1, 1999, the area is not less
3        than 50 nor more than 100 acres and 75% of which is
4        vacant (notwithstanding that the area has been used for
5        commercial agricultural purposes within 5 years prior
6        to the designation of the redevelopment project area),
7        and the area meets at least one of the factors itemized
8        in paragraph (1) of this subsection, the area has been
9        designated as a town or village center by ordinance or
10        comprehensive plan adopted prior to January 1, 1982,
11        and the area has not been developed for that designated
12        purpose.
13            (F) The area qualified as a blighted improved area
14        immediately prior to becoming vacant, unless there has
15        been substantial private investment in the immediately
16        surrounding area.
17        (4) A redevelopment project area within a transit
18    facility improvement area that has been designated under
19    Section 11-74.4-3.3 of this Code.
20    (b) For any redevelopment project area that has been
21designated pursuant to this Section by an ordinance adopted
22prior to November 1, 1999 (the effective date of Public Act
2391-478), "conservation area" shall have the meaning set forth
24in this Section prior to that date.
25    On and after November 1, 1999, "conservation area" means
26any improved area within the boundaries of a redevelopment

 

 

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1project area located within the territorial limits of the
2municipality in which 50% or more of the structures in the area
3have an age of 35 years or more. Such an area is not yet a
4blighted area but because of a combination of 3 or more of the
5following factors is detrimental to the public safety, health,
6morals or welfare and such an area may become a blighted area:
7        (1) Dilapidation. An advanced state of disrepair or
8    neglect of necessary repairs to the primary structural
9    components of buildings or improvements in such a
10    combination that a documented building condition analysis
11    determines that major repair is required or the defects are
12    so serious and so extensive that the buildings must be
13    removed.
14        (2) Obsolescence. The condition or process of falling
15    into disuse. Structures have become ill-suited for the
16    original use.
17        (3) Deterioration. With respect to buildings, defects
18    including, but not limited to, major defects in the
19    secondary building components such as doors, windows,
20    porches, gutters and downspouts, and fascia. With respect
21    to surface improvements, that the condition of roadways,
22    alleys, curbs, gutters, sidewalks, off-street parking, and
23    surface storage areas evidence deterioration, including,
24    but not limited to, surface cracking, crumbling, potholes,
25    depressions, loose paving material, and weeds protruding
26    through paved surfaces.

 

 

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

 

 

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

 

 

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

 

 

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1    development or redevelopment of the redevelopment project
2    area.
3        (13) The total equalized assessed value of the proposed
4    redevelopment project area has declined for 3 of the last 5
5    calendar years for which information is available or is
6    increasing at an annual rate that is less than the balance
7    of the municipality for 3 of the last 5 calendar years for
8    which information is available or is increasing at an
9    annual rate that is less than the Consumer Price Index for
10    All Urban Consumers published by the United States
11    Department of Labor or successor agency for 3 of the last 5
12    calendar years for which information is available.
13    (c) "Industrial park" means an area in a blighted or
14conservation area suitable for use by any manufacturing,
15industrial, research or transportation enterprise, of
16facilities to include but not be limited to factories, mills,
17processing plants, assembly plants, packing plants,
18fabricating plants, industrial distribution centers,
19warehouses, repair overhaul or service facilities, freight
20terminals, research facilities, test facilities or railroad
21facilities.
22    (d) "Industrial park conservation area" means an area
23within the boundaries of a redevelopment project area located
24within the territorial limits of a municipality that is a labor
25surplus municipality or within 1 1/2 miles of the territorial
26limits of a municipality that is a labor surplus municipality

 

 

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1if the area is annexed to the municipality; which area is zoned
2as industrial no later than at the time the municipality by
3ordinance designates the redevelopment project area, and which
4area includes both vacant land suitable for use as an
5industrial park and a blighted area or conservation area
6contiguous to such vacant land.
7    (e) "Labor surplus municipality" means a municipality in
8which, at any time during the 6 months before the municipality
9by ordinance designates an industrial park conservation area,
10the unemployment rate was over 6% and was also 100% or more of
11the national average unemployment rate for that same time as
12published in the United States Department of Labor Bureau of
13Labor Statistics publication entitled "The Employment
14Situation" or its successor publication. For the purpose of
15this subsection, if unemployment rate statistics for the
16municipality are not available, the unemployment rate in the
17municipality shall be deemed to be the same as the unemployment
18rate in the principal county in which the municipality is
19located.
20    (f) "Municipality" shall mean a city, village,
21incorporated town, or a township that is located in the
22unincorporated portion of a county with 3 million or more
23inhabitants, if the county adopted an ordinance that approved
24the township's redevelopment plan.
25    (g) "Initial Sales Tax Amounts" means the amount of taxes
26paid under the Retailers' Occupation Tax Act, Use Tax Act,

 

 

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

 

 

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1in which the municipality adopted tax increment allocation
2financing. For purposes of computing the aggregate amount of
3such taxes for base years occurring prior to 1985, the
4Department of Revenue shall determine the Initial Sales Tax
5Amounts for such taxes and deduct therefrom an amount equal to
64% of the aggregate amount of taxes per year for each year the
7base year is prior to 1985, but not to exceed a total deduction
8of 12%. The amount so determined shall be known as the
9"Adjusted Initial Sales Tax Amounts". For purposes of
10determining the Municipal Sales Tax Increment, the Department
11of Revenue shall for each period subtract from the amount paid
12to the municipality from the Local Government Tax Fund arising
13from sales by retailers and servicemen on transactions located
14in the redevelopment project area or the State Sales Tax
15Boundary, as the case may be, the certified Initial Sales Tax
16Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
17Initial Sales Tax Amounts for the Municipal Retailers'
18Occupation Tax Act and the Municipal Service Occupation Tax
19Act. For the State Fiscal Year 1989, this calculation shall be
20made by utilizing the calendar year 1987 to determine the tax
21amounts received. For the State Fiscal Year 1990, this
22calculation shall be made by utilizing the period from January
231, 1988, until September 30, 1988, to determine the tax amounts
24received from retailers and servicemen pursuant to the
25Municipal Retailers' Occupation Tax and the Municipal Service
26Occupation Tax Act, which shall have deducted therefrom

 

 

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1nine-twelfths of the certified Initial Sales Tax Amounts, the
2Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
3Tax Amounts as appropriate. For the State Fiscal Year 1991,
4this calculation shall be made by utilizing the period from
5October 1, 1988, to June 30, 1989, to determine the tax amounts
6received from retailers and servicemen pursuant to the
7Municipal Retailers' Occupation Tax and the Municipal Service
8Occupation Tax Act which shall have deducted therefrom
9nine-twelfths of the certified Initial Sales Tax Amounts,
10Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
11Tax Amounts as appropriate. For every State Fiscal Year
12thereafter, the applicable period shall be the 12 months
13beginning July 1 and ending June 30 to determine the tax
14amounts received which shall have deducted therefrom the
15certified Initial Sales Tax Amounts, the Adjusted Initial Sales
16Tax Amounts or the Revised Initial Sales Tax Amounts, as the
17case may be.
18    (i) "Net State Sales Tax Increment" means the sum of the
19following: (a) 80% of the first $100,000 of State Sales Tax
20Increment annually generated within a State Sales Tax Boundary;
21(b) 60% of the amount in excess of $100,000 but not exceeding
22$500,000 of State Sales Tax Increment annually generated within
23a State Sales Tax Boundary; and (c) 40% of all amounts in
24excess of $500,000 of State Sales Tax Increment annually
25generated within a State Sales Tax Boundary. If, however, a
26municipality established a tax increment financing district in

 

 

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1a county with a population in excess of 3,000,000 before
2January 1, 1986, and the municipality entered into a contract
3or issued bonds after January 1, 1986, but before December 31,
41986, to finance redevelopment project costs within a State
5Sales Tax Boundary, then the Net State Sales Tax Increment
6means, for the fiscal years beginning July 1, 1990, and July 1,
71991, 100% of the State Sales Tax Increment annually generated
8within a State Sales Tax Boundary; and notwithstanding any
9other provision of this Act, for those fiscal years the
10Department of Revenue shall distribute to those municipalities
11100% of their Net State Sales Tax Increment before any
12distribution to any other municipality and regardless of
13whether or not those other municipalities will receive 100% of
14their Net State Sales Tax Increment. For Fiscal Year 1999, and
15every year thereafter until the year 2007, for any municipality
16that has not entered into a contract or has not issued bonds
17prior to June 1, 1988 to finance redevelopment project costs
18within a State Sales Tax Boundary, the Net State Sales Tax
19Increment shall be calculated as follows: By multiplying the
20Net State Sales Tax Increment by 90% in the State Fiscal Year
211999; 80% in the State Fiscal Year 2000; 70% in the State
22Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
23State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
24in the State Fiscal Year 2005; 20% in the State Fiscal Year
252006; and 10% in the State Fiscal Year 2007. No payment shall
26be made for State Fiscal Year 2008 and thereafter.

 

 

09900SB1226sam001- 21 -LRB099 09184 AWJ 31959 a

1    Municipalities that issued bonds in connection with a
2redevelopment project in a redevelopment project area within
3the State Sales Tax Boundary prior to July 29, 1991, or that
4entered into contracts in connection with a redevelopment
5project in a redevelopment project area before June 1, 1988,
6shall continue to receive their proportional share of the
7Illinois Tax Increment Fund distribution until the date on
8which the redevelopment project is completed or terminated. If,
9however, a municipality that issued bonds in connection with a
10redevelopment project in a redevelopment project area within
11the State Sales Tax Boundary prior to July 29, 1991 retires the
12bonds prior to June 30, 2007 or a municipality that entered
13into contracts in connection with a redevelopment project in a
14redevelopment project area before June 1, 1988 completes the
15contracts prior to June 30, 2007, then so long as the
16redevelopment project is not completed or is not terminated,
17the Net State Sales Tax Increment shall be calculated,
18beginning on the date on which the bonds are retired or the
19contracts are completed, as follows: By multiplying the Net
20State Sales Tax Increment by 60% in the State Fiscal Year 2002;
2150% in the State Fiscal Year 2003; 40% in the State Fiscal Year
222004; 30% in the State Fiscal Year 2005; 20% in the State
23Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
24payment shall be made for State Fiscal Year 2008 and
25thereafter. Refunding of any bonds issued prior to July 29,
261991, shall not alter the Net State Sales Tax Increment.

 

 

09900SB1226sam001- 22 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 23 -LRB099 09184 AWJ 31959 a

1State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
2in the State Fiscal Year 2001; 60% in the State Fiscal Year
32002; 50% in the State Fiscal Year 2003; 40% in the State
4Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
5State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
6No payment shall be made for the State Fiscal Year 2008 and
7thereafter.
8    Municipalities that issue bonds in connection with the
9redevelopment project during the period from June 1, 1988 until
103 years after the effective date of this Amendatory Act of 1988
11shall receive the Net State Utility Tax Increment, subject to
12appropriation, for 15 State Fiscal Years after the issuance of
13such bonds. For the 16th through the 20th State Fiscal Years
14after issuance of the bonds, the Net State Utility Tax
15Increment shall be calculated as follows: By multiplying the
16Net State Utility Tax Increment by 90% in year 16; 80% in year
1717; 70% in year 18; 60% in year 19; and 50% in year 20.
18Refunding of any bonds issued prior to June 1, 1988, shall not
19alter the revised Net State Utility Tax Increment payments set
20forth above.
21    (l) "Obligations" mean bonds, loans, debentures, notes,
22special certificates or other evidence of indebtedness issued
23by the municipality to carry out a redevelopment project or to
24refund outstanding obligations.
25    (m) "Payment in lieu of taxes" means those estimated tax
26revenues from real property in a redevelopment project area

 

 

09900SB1226sam001- 24 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 25 -LRB099 09184 AWJ 31959 a

1this subsection, "recreational activities" is limited to mean
2camping and hunting. Each redevelopment plan shall set forth in
3writing the program to be undertaken to accomplish the
4objectives and shall include but not be limited to:
5        (A) an itemized list of estimated redevelopment
6    project costs;
7        (B) evidence indicating that the redevelopment project
8    area on the whole has not been subject to growth and
9    development through investment by private enterprise;
10        (C) an assessment of any financial impact of the
11    redevelopment project area on or any increased demand for
12    services from any taxing district affected by the plan and
13    any program to address such financial impact or increased
14    demand;
15        (D) the sources of funds to pay costs;
16        (E) the nature and term of the obligations to be
17    issued;
18        (F) the most recent equalized assessed valuation of the
19    redevelopment project area;
20        (G) an estimate as to the equalized assessed valuation
21    after redevelopment and the general land uses to apply in
22    the redevelopment project area;
23        (H) a commitment to fair employment practices and an
24    affirmative action plan;
25        (I) if it concerns an industrial park conservation
26    area, the plan shall also include a general description of

 

 

09900SB1226sam001- 26 -LRB099 09184 AWJ 31959 a

1    any proposed developer, user and tenant of any property, a
2    description of the type, structure and general character of
3    the facilities to be developed, a description of the type,
4    class and number of new employees to be employed in the
5    operation of the facilities to be developed; and
6        (J) if property is to be annexed to the municipality,
7    the plan shall include the terms of the annexation
8    agreement.
9    The provisions of items (B) and (C) of this subsection (n)
10shall not apply to a municipality that before March 14, 1994
11(the effective date of Public Act 88-537) had fixed, either by
12its corporate authorities or by a commission designated under
13subsection (k) of Section 11-74.4-4, a time and place for a
14public hearing as required by subsection (a) of Section
1511-74.4-5. No redevelopment plan shall be adopted unless a
16municipality complies with all of the following requirements:
17        (1) The municipality finds that the redevelopment
18    project area on the whole has not been subject to growth
19    and development through investment by private enterprise
20    and would not reasonably be anticipated to be developed
21    without the adoption of the redevelopment plan.
22        (2) The municipality finds that the redevelopment plan
23    and project conform to the comprehensive plan for the
24    development of the municipality as a whole, or, for
25    municipalities with a population of 100,000 or more,
26    regardless of when the redevelopment plan and project was

 

 

09900SB1226sam001- 27 -LRB099 09184 AWJ 31959 a

1    adopted, the redevelopment plan and project either: (i)
2    conforms to the strategic economic development or
3    redevelopment plan issued by the designated planning
4    authority of the municipality, or (ii) includes land uses
5    that have been approved by the planning commission of the
6    municipality.
7        (3) The redevelopment plan establishes the estimated
8    dates of completion of the redevelopment project and
9    retirement of obligations issued to finance redevelopment
10    project costs. Those dates may not be later than the dates
11    set forth under Section 11-74.4-3.5.
12        A municipality may by municipal ordinance amend an
13    existing redevelopment plan to conform to this paragraph
14    (3) as amended by Public Act 91-478, which municipal
15    ordinance may be adopted without further hearing or notice
16    and without complying with the procedures provided in this
17    Act pertaining to an amendment to or the initial approval
18    of a redevelopment plan and project and designation of a
19    redevelopment project area.
20        (3.5) The municipality finds, in the case of an
21    industrial park conservation area, also that the
22    municipality is a labor surplus municipality and that the
23    implementation of the redevelopment plan will reduce
24    unemployment, create new jobs and by the provision of new
25    facilities enhance the tax base of the taxing districts
26    that extend into the redevelopment project area.

 

 

09900SB1226sam001- 28 -LRB099 09184 AWJ 31959 a

1        (4) If any incremental revenues are being utilized
2    under Section 8(a)(1) or 8(a)(2) of this Act in
3    redevelopment project areas approved by ordinance after
4    January 1, 1986, the municipality finds: (a) that the
5    redevelopment project area would not reasonably be
6    developed without the use of such incremental revenues, and
7    (b) that such incremental revenues will be exclusively
8    utilized for the development of the redevelopment project
9    area.
10        (5) If the redevelopment plan will not result in
11    displacement of residents from 10 or more inhabited
12    residential units, and the municipality certifies in the
13    plan that such displacement will not result from the plan,
14    a housing impact study need not be performed. If, however,
15    the redevelopment plan would result in the displacement of
16    residents from 10 or more inhabited residential units, or
17    if the redevelopment project area contains 75 or more
18    inhabited residential units and no certification is made,
19    then the municipality shall prepare, as part of the
20    separate feasibility report required by subsection (a) of
21    Section 11-74.4-5, a housing impact study.
22        Part I of the housing impact study shall include (i)
23    data as to whether the residential units are single family
24    or multi-family units, (ii) the number and type of rooms
25    within the units, if that information is available, (iii)
26    whether the units are inhabited or uninhabited, as

 

 

09900SB1226sam001- 29 -LRB099 09184 AWJ 31959 a

1    determined not less than 45 days before the date that the
2    ordinance or resolution required by subsection (a) of
3    Section 11-74.4-5 is passed, and (iv) data as to the racial
4    and ethnic composition of the residents in the inhabited
5    residential units. The data requirement as to the racial
6    and ethnic composition of the residents in the inhabited
7    residential units shall be deemed to be fully satisfied by
8    data from the most recent federal census.
9        Part II of the housing impact study shall identify the
10    inhabited residential units in the proposed redevelopment
11    project area that are to be or may be removed. If inhabited
12    residential units are to be removed, then the housing
13    impact study shall identify (i) the number and location of
14    those units that will or may be removed, (ii) the
15    municipality's plans for relocation assistance for those
16    residents in the proposed redevelopment project area whose
17    residences are to be removed, (iii) the availability of
18    replacement housing for those residents whose residences
19    are to be removed, and shall identify the type, location,
20    and cost of the housing, and (iv) the type and extent of
21    relocation assistance to be provided.
22        (6) On and after November 1, 1999, the housing impact
23    study required by paragraph (5) shall be incorporated in
24    the redevelopment plan for the redevelopment project area.
25        (7) On and after November 1, 1999, no redevelopment
26    plan shall be adopted, nor an existing plan amended, nor

 

 

09900SB1226sam001- 30 -LRB099 09184 AWJ 31959 a

1    shall residential housing that is occupied by households of
2    low-income and very low-income persons in currently
3    existing redevelopment project areas be removed after
4    November 1, 1999 unless the redevelopment plan provides,
5    with respect to inhabited housing units that are to be
6    removed for households of low-income and very low-income
7    persons, affordable housing and relocation assistance not
8    less than that which would be provided under the federal
9    Uniform Relocation Assistance and Real Property
10    Acquisition Policies Act of 1970 and the regulations under
11    that Act, including the eligibility criteria. Affordable
12    housing may be either existing or newly constructed
13    housing. For purposes of this paragraph (7), "low-income
14    households", "very low-income households", and "affordable
15    housing" have the meanings set forth in the Illinois
16    Affordable Housing Act. The municipality shall make a good
17    faith effort to ensure that this affordable housing is
18    located in or near the redevelopment project area within
19    the municipality.
20        (8) On and after November 1, 1999, if, after the
21    adoption of the redevelopment plan for the redevelopment
22    project area, any municipality desires to amend its
23    redevelopment plan to remove more inhabited residential
24    units than specified in its original redevelopment plan,
25    that change shall be made in accordance with the procedures
26    in subsection (c) of Section 11-74.4-5.

 

 

09900SB1226sam001- 31 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 32 -LRB099 09184 AWJ 31959 a

1    (p) "Redevelopment project area" means an area designated
2by the municipality, which is not less in the aggregate than 1
31/2 acres and in respect to which the municipality has made a
4finding that there exist conditions which cause the area to be
5classified as an industrial park conservation area or a
6blighted area or a conservation area, or a combination of both
7blighted areas and conservation areas.
8    (p-1) Notwithstanding any provision of this Act to the
9contrary, on and after August 25, 2009 (the effective date of
10Public Act 96-680), a redevelopment project area may include
11areas within a one-half mile radius of an existing or proposed
12Regional Transportation Authority Suburban Transit Access
13Route (STAR Line) station without a finding that the area is
14classified as an industrial park conservation area, a blighted
15area, a conservation area, or a combination thereof, but only
16if the municipality receives unanimous consent from the joint
17review board created to review the proposed redevelopment
18project area.
19    (q) "Redevelopment project costs", except for
20redevelopment project areas created pursuant to subsection
21(p-1), means and includes the sum total of all reasonable or
22necessary costs incurred or estimated to be incurred, and any
23such costs incidental to a redevelopment plan and a
24redevelopment project. Such costs include, without limitation,
25the following:
26        (1) Costs of studies, surveys, development of plans,

 

 

09900SB1226sam001- 33 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 34 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 35 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 36 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 37 -LRB099 09184 AWJ 31959 a

1    cost of necessary infrastructure improvements within the
2    boundaries of the assisted housing sites necessary for the
3    completion of that housing as authorized by this Act, and
4    which costs shall be paid by the municipality from the
5    Special Tax Allocation Fund when the tax increment revenue
6    is received as a result of the assisted housing units and
7    shall be calculated annually as follows:
8            (A) for foundation districts, excluding any school
9        district in a municipality with a population in excess
10        of 1,000,000, by multiplying the district's increase
11        in attendance resulting from the net increase in new
12        students enrolled in that school district who reside in
13        housing units within the redevelopment project area
14        that have received financial assistance through an
15        agreement with the municipality or because the
16        municipality incurs the cost of necessary
17        infrastructure improvements within the boundaries of
18        the housing sites necessary for the completion of that
19        housing as authorized by this Act since the designation
20        of the redevelopment project area by the most recently
21        available per capita tuition cost as defined in Section
22        10-20.12a of the School Code less any increase in
23        general State aid as defined in Section 18-8.05 of the
24        School Code attributable to these added new students
25        subject to the following annual limitations:
26                (i) for unit school districts with a district

 

 

09900SB1226sam001- 38 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 39 -LRB099 09184 AWJ 31959 a

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

 

 

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

 

 

09900SB1226sam001- 41 -LRB099 09184 AWJ 31959 a

1        forfeit any claim to reimbursement for that year.
2        School districts may adopt a resolution waiving the
3        right to all or a portion of the reimbursement
4        otherwise required by this paragraph (7.5). By
5        acceptance of this reimbursement the school district
6        waives the right to directly or indirectly set aside,
7        modify, or contest in any manner the establishment of
8        the redevelopment project area or projects;
9        (7.7) For redevelopment project areas designated (or
10    redevelopment project areas amended to add or increase the
11    number of tax-increment-financing assisted housing units)
12    on or after January 1, 2005 (the effective date of Public
13    Act 93-961), a public library district's increased costs
14    attributable to assisted housing units located within the
15    redevelopment project area for which the developer or
16    redeveloper receives financial assistance through an
17    agreement with the municipality or because the
18    municipality incurs the cost of necessary infrastructure
19    improvements within the boundaries of the assisted housing
20    sites necessary for the completion of that housing as
21    authorized by this Act shall be paid to the library
22    district by the municipality from the Special Tax
23    Allocation Fund when the tax increment revenue is received
24    as a result of the assisted housing units. This paragraph
25    (7.7) applies only if (i) the library district is located
26    in a county that is subject to the Property Tax Extension

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09900SB1226sam001- 46 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 47 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 48 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 49 -LRB099 09184 AWJ 31959 a

1    enumerated in this subsection shall be eligible
2    redevelopment project costs if those costs would provide
3    direct financial support to a retail entity initiating
4    operations in the redevelopment project area while
5    terminating operations at another Illinois location within
6    10 miles of the redevelopment project area but outside the
7    boundaries of the redevelopment project area municipality.
8    For purposes of this paragraph, termination means a closing
9    of a retail operation that is directly related to the
10    opening of the same operation or like retail entity owned
11    or operated by more than 50% of the original ownership in a
12    redevelopment project area, but it does not mean closing an
13    operation for reasons beyond the control of the retail
14    entity, as documented by the retail entity, subject to a
15    reasonable finding by the municipality that the current
16    location contained inadequate space, had become
17    economically obsolete, or was no longer a viable location
18    for the retailer or serviceman.
19        (14) No cost shall be a redevelopment project cost in a
20    redevelopment project area if used to demolish, remove, or
21    substantially modify a historic resource, after August 26,
22    2008 (the effective date of Public Act 95-934), unless no
23    prudent and feasible alternative exists. "Historic
24    resource" for the purpose of this item (14) means (i) a
25    place or structure that is included or eligible for
26    inclusion on the National Register of Historic Places or

 

 

09900SB1226sam001- 50 -LRB099 09184 AWJ 31959 a

1    (ii) a contributing structure in a district on the National
2    Register of Historic Places. This item (14) does not apply
3    to a place or structure for which demolition, removal, or
4    modification is subject to review by the preservation
5    agency of a Certified Local Government designated as such
6    by the National Park Service of the United States
7    Department of the Interior.
8    If a special service area has been established pursuant to
9the Special Service Area Tax Act or Special Service Area Tax
10Law, then any tax increment revenues derived from the tax
11imposed pursuant to the Special Service Area Tax Act or Special
12Service Area Tax Law may be used within the redevelopment
13project area for the purposes permitted by that Act or Law as
14well as the purposes permitted by this Act.
15    (q-1) For redevelopment project areas created pursuant to
16subsection (p-1), redevelopment project costs are limited to
17those costs in paragraph (q) that are related to the existing
18or proposed Regional Transportation Authority Suburban Transit
19Access Route (STAR Line) station.
20    (r) "State Sales Tax Boundary" means the redevelopment
21project area or the amended redevelopment project area
22boundaries which are determined pursuant to subsection (9) of
23Section 11-74.4-8a of this Act. The Department of Revenue shall
24certify pursuant to subsection (9) of Section 11-74.4-8a the
25appropriate boundaries eligible for the determination of State
26Sales Tax Increment.

 

 

09900SB1226sam001- 51 -LRB099 09184 AWJ 31959 a

1    (s) "State Sales Tax Increment" means an amount equal to
2the increase in the aggregate amount of taxes paid by retailers
3and servicemen, other than retailers and servicemen subject to
4the Public Utilities Act, on transactions at places of business
5located within a State Sales Tax Boundary pursuant to the
6Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
7Tax Act, and the Service Occupation Tax Act, except such
8portion of such increase that is paid into the State and Local
9Sales Tax Reform Fund, the Local Government Distributive Fund,
10the Local Government Tax Fund and the County and Mass Transit
11District Fund, for as long as State participation exists, over
12and above the Initial Sales Tax Amounts, Adjusted Initial Sales
13Tax Amounts or the Revised Initial Sales Tax Amounts for such
14taxes as certified by the Department of Revenue and paid under
15those Acts by retailers and servicemen on transactions at
16places of business located within the State Sales Tax Boundary
17during the base year which shall be the calendar year
18immediately prior to the year in which the municipality adopted
19tax increment allocation financing, less 3.0% of such amounts
20generated under the Retailers' Occupation Tax Act, Use Tax Act
21and Service Use Tax Act and the Service Occupation Tax Act,
22which sum shall be appropriated to the Department of Revenue to
23cover its costs of administering and enforcing this Section.
24For purposes of computing the aggregate amount of such taxes
25for base years occurring prior to 1985, the Department of
26Revenue shall compute the Initial Sales Tax Amount for such

 

 

09900SB1226sam001- 52 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 53 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 54 -LRB099 09184 AWJ 31959 a

1included in an industrial park conservation area or the parcel
2has been subdivided; provided that if the parcel was part of a
3larger tract that has been divided into 3 or more smaller
4tracts that were accepted for recording during the period from
51950 to 1990, then the parcel shall be deemed to have been
6subdivided, and all proceedings and actions of the municipality
7taken in that connection with respect to any previously
8approved or designated redevelopment project area or amended
9redevelopment project area are hereby validated and hereby
10declared to be legally sufficient for all purposes of this Act.
11For purposes of this Section and only for land subject to the
12subdivision requirements of the Plat Act, land is subdivided
13when the original plat of the proposed Redevelopment Project
14Area or relevant portion thereof has been properly certified,
15acknowledged, approved, and recorded or filed in accordance
16with the Plat Act and a preliminary plat, if any, for any
17subsequent phases of the proposed Redevelopment Project Area or
18relevant portion thereof has been properly approved and filed
19in accordance with the applicable ordinance of the
20municipality.
21    (w) "Annual Total Increment" means the sum of each
22municipality's annual Net Sales Tax Increment and each
23municipality's annual Net Utility Tax Increment. The ratio of
24the Annual Total Increment of each municipality to the Annual
25Total Increment for all municipalities, as most recently
26calculated by the Department, shall determine the proportional

 

 

09900SB1226sam001- 55 -LRB099 09184 AWJ 31959 a

1shares of the Illinois Tax Increment Fund to be distributed to
2each municipality.
3    (x) "LEED certified" means any certification level of
4construction elements by a qualified Leadership in Energy and
5Environmental Design Accredited Professional as determined by
6the U.S. Green Building Council.
7    (y) "Green Globes certified" means any certification level
8of construction elements by a qualified Green Globes
9Professional as determined by the Green Building Initiative.
10(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;
1196-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.
121-1-12.)
 
13    (65 ILCS 5/11-74.4-3.3 new)
14    Sec. 11-74.4-3.3. Redevelopment project area within a
15transit facility improvement area.
16    (a) As used in this Section:
17    "Transit" means any or more of the following transportation
18services provided to passengers: bus rapid transit service;
19inter-city passenger rail service; commuter rail service; and
20urban mass transit rail service, whether elevated,
21underground, or running at grade, and whether provided through
22rolling stock generally referred to as heavy rail or light
23rail.
24    "Transit facility" means an existing or proposed transit
25passenger station, an existing or proposed transit

 

 

09900SB1226sam001- 56 -LRB099 09184 AWJ 31959 a

1maintenance, storage or service facility, or an existing or
2proposed right of way for use in providing commuter rail or
3urban mass transit service.
4    "Transit facility improvement area" means an area whose
5boundaries are no more than one-half mile in any direction from
6the location of a mass transit facility; provided that the
7length of any existing or proposed right of way included in any
8transit facility improvement area shall not exceed 6 miles.
9    "Transit facility improvement area redevelopment project
10costs" means those costs described in subsection (q) of Section
1111-74.4-3 of this Act that are related to the construction,
12reconstruction, rehabilitation, remodeling or repair of any
13existing or proposed transit facility, whether publicly or
14privately-owned.
15    (b) Notwithstanding any other provision of law to the
16contrary, if the corporate authorities of a municipality
17designate an area within the territorial limits of the
18municipality as a transit facility improvement area, then that
19municipality may establish a redevelopment project area within
20that transit facility improvement area for the purpose of
21developing new transit facilities, expanding or rehabilitating
22existing transit facilities, or both.
23    (c) As used in this Section, a redevelopment project area
24is limited to the Chicago Union Station Master Plan, the
25Chicago Transit Authority's Red and Purple Modernization
26Program, and the Chicago Transit Authority's Red Line

 

 

09900SB1226sam001- 57 -LRB099 09184 AWJ 31959 a

1Extension.
 
2    (65 ILCS 5/11-74.4-3.5)
3    Sec. 11-74.4-3.5. Completion dates for redevelopment
4projects.
5    (a) Unless otherwise stated in this Section, the estimated
6dates of completion of the redevelopment project and retirement
7of obligations issued to finance redevelopment project costs
8(including refunding bonds under Section 11-74.4-7) may not be
9later than December 31 of the year in which the payment to the
10municipal treasurer, as provided in subsection (b) of Section
1111-74.4-8 of this Act, is to be made with respect to ad valorem
12taxes levied in the 23rd calendar year after the year in which
13the ordinance approving the redevelopment project area was
14adopted if the ordinance was adopted on or after January 15,
151981.
16    (a-5) The estimated dates of completion of the
17redevelopment project and retirement of obligations issued to
18finance redevelopment project costs (including refunding bonds
19under Section 11-74.4-7) may not be later than December 31 of
20the year in which the payment to the municipal treasurer, as
21provided in subsection (b) of Section 11-74.4-8 of this
22amendatory Act of the 99th General Assembly, is to be made with
23respect to ad valorem taxes levied in the 50th calendar year
24after the year in which the ordinance approving the
25redevelopment project area was adopted if the redevelopment

 

 

09900SB1226sam001- 58 -LRB099 09184 AWJ 31959 a

1project area is located within a transit facility improvement
2area.
3    (a-7) A municipality may adopt tax increment financing for
4a redevelopment project area located in a transit facility
5improvement area that also includes real property located
6within an existing redevelopment project area established
7prior to the effective date of this amendatory Act of 99th
8General Assembly. In such case: (i) the provisions of this
9Division shall apply with respect to the previously established
10redevelopment project area until the municipality adopts, as
11required in accordance with applicable provisions of this
12Division, an ordinance dissolving the special tax allocation
13fund for such redevelopment project area and terminating the
14designation of such redevelopment project area as a
15redevelopment project area; and (ii) after the effective date
16of the ordinance described in (i), the provisions of this
17Division shall apply with respect to the subsequently
18established redevelopment project area located in a transit
19facility improvement area.
20    (b) The estimated dates of completion of the redevelopment
21project and retirement of obligations issued to finance
22redevelopment project costs (including refunding bonds under
23Section 11-74.4-7) may not be later than December 31 of the
24year in which the payment to the municipal treasurer as
25provided in subsection (b) of Section 11-74.4-8 of this Act is
26to be made with respect to ad valorem taxes levied in the 32nd

 

 

09900SB1226sam001- 59 -LRB099 09184 AWJ 31959 a

1calendar year after the year in which the ordinance approving
2the redevelopment project area was adopted if the ordinance was
3adopted on September 9, 1999 by the Village of Downs.
4    The estimated dates of completion of the redevelopment
5project and retirement of obligations issued to finance
6redevelopment project costs (including refunding bonds under
7Section 11-74.4-7) may not be later than December 31 of the
8year in which the payment to the municipal treasurer as
9provided in subsection (b) of Section 11-74.4-8 of this Act is
10to be made with respect to ad valorem taxes levied in the 33rd
11calendar year after the year in which the ordinance approving
12the redevelopment project area was adopted if the ordinance was
13adopted on May 20, 1985 by the Village of Wheeling.
14    The estimated dates of completion of the redevelopment
15project and retirement of obligations issued to finance
16redevelopment project costs (including refunding bonds under
17Section 11-74.4-7) may not be later than December 31 of the
18year in which the payment to the municipal treasurer as
19provided in subsection (b) of Section 11-74.4-8 of this Act is
20to be made with respect to ad valorem taxes levied in the 28th
21calendar year after the year in which the ordinance approving
22the redevelopment project area was adopted if the ordinance was
23adopted on October 12, 1989 by the City of Lawrenceville.
24    (c) The estimated dates of completion of the redevelopment
25project and retirement of obligations issued to finance
26redevelopment project costs (including refunding bonds under

 

 

09900SB1226sam001- 60 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 61 -LRB099 09184 AWJ 31959 a

1    population in 1990 of less than 34,000 and for which at
2    least $250,000 of tax increment bonds were authorized on
3    June 17, 1997. ;
4        (8) If if the ordinance was adopted on October 5, 1982
5    by the City of Kankakee, or if the ordinance was adopted on
6    December 29, 1986 by East St. Louis. ;
7        (9) If if the ordinance was adopted on November 12,
8    1991 by the Village of Sauget. ;
9        (10) If if the ordinance was adopted on February 11,
10    1985 by the City of Rock Island. ;
11        (11) If if the ordinance was adopted before December
12    18, 1986 by the City of Moline. ;
13        (12) If if the ordinance was adopted in September 1988
14    by Sauk Village. ;
15        (13) If if the ordinance was adopted in October 1993 by
16    Sauk Village. ;
17        (14) If if the ordinance was adopted on December 29,
18    1986 by the City of Galva. ;
19        (15) If if the ordinance was adopted in March 1991 by
20    the City of Centreville. ;
21        (16) If if the ordinance was adopted on January 23,
22    1991 by the City of East St. Louis. ;
23        (17) If if the ordinance was adopted on December 22,
24    1986 by the City of Aledo. ;
25        (18) If if the ordinance was adopted on February 5,
26    1990 by the City of Clinton. ;

 

 

09900SB1226sam001- 62 -LRB099 09184 AWJ 31959 a

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

 

 

09900SB1226sam001- 63 -LRB099 09184 AWJ 31959 a

1    1986 by the City of Urbana. ;
2        (32) If if the ordinance was adopted on December 15,
3    1986 by the Village of Heyworth. ;
4        (33) If if the ordinance was adopted on February 24,
5    1992 by the Village of Heyworth. ;
6        (34) If if the ordinance was adopted on March 16, 1995
7    by the Village of Heyworth. ;
8        (35) If if the ordinance was adopted on December 23,
9    1986 by the Town of Cicero. ;
10        (36) If if the ordinance was adopted on December 30,
11    1986 by the City of Effingham. ;
12        (37) If if the ordinance was adopted on May 9, 1991 by
13    the Village of Tilton. ;
14        (38) If if the ordinance was adopted on October 20,
15    1986 by the City of Elmhurst. ;
16        (39) If if the ordinance was adopted on January 19,
17    1988 by the City of Waukegan. ;
18        (40) If if the ordinance was adopted on September 21,
19    1998 by the City of Waukegan. ;
20        (41) If if the ordinance was adopted on December 31,
21    1986 by the City of Sullivan. ;
22        (42) If if the ordinance was adopted on December 23,
23    1991 by the City of Sullivan. ;
24        (43) If if the ordinance was adopted on December 31,
25    1986 by the City of Oglesby. ;
26        (44) If if the ordinance was adopted on July 28, 1987

 

 

09900SB1226sam001- 64 -LRB099 09184 AWJ 31959 a

1    by the City of Marion. ;
2        (45) If if the ordinance was adopted on April 23, 1990
3    by the City of Marion. ;
4        (46) If if the ordinance was adopted on August 20, 1985
5    by the Village of Mount Prospect. ;
6        (47) If if the ordinance was adopted on February 2,
7    1998 by the Village of Woodhull. ;
8        (48) If if the ordinance was adopted on April 20, 1993
9    by the Village of Princeville. ;
10        (49) If if the ordinance was adopted on July 1, 1986 by
11    the City of Granite City. ;
12        (50) If if the ordinance was adopted on February 2,
13    1989 by the Village of Lombard. ;
14        (51) If if the ordinance was adopted on December 29,
15    1986 by the Village of Gardner. ;
16        (52) If if the ordinance was adopted on July 14, 1999
17    by the Village of Paw Paw. ;
18        (53) If if the ordinance was adopted on November 17,
19    1986 by the Village of Franklin Park. ;
20        (54) If if the ordinance was adopted on November 20,
21    1989 by the Village of South Holland. ;
22        (55) If if the ordinance was adopted on July 14, 1992
23    by the Village of Riverdale. ;
24        (56) If if the ordinance was adopted on December 29,
25    1986 by the City of Galesburg. ;
26        (57) If if the ordinance was adopted on April 1, 1985

 

 

09900SB1226sam001- 65 -LRB099 09184 AWJ 31959 a

1    by the City of Galesburg. ;
2        (58) If if the ordinance was adopted on May 21, 1990 by
3    the City of West Chicago. ;
4        (59) If if the ordinance was adopted on December 16,
5    1986 by the City of Oak Forest. ;
6        (60) If if the ordinance was adopted in 1999 by the
7    City of Villa Grove. ;
8        (61) If if the ordinance was adopted on January 13,
9    1987 by the Village of Mt. Zion. ;
10        (62) If if the ordinance was adopted on December 30,
11    1986 by the Village of Manteno. ;
12        (63) If if the ordinance was adopted on April 3, 1989
13    by the City of Chicago Heights. ;
14        (64) If if the ordinance was adopted on January 6, 1999
15    by the Village of Rosemont. ;
16        (65) If if the ordinance was adopted on December 19,
17    2000 by the Village of Stone Park. ;
18        (66) If if the ordinance was adopted on December 22,
19    1986 by the City of DeKalb. ;
20        (67) If if the ordinance was adopted on December 2,
21    1986 by the City of Aurora. ;
22        (68) If if the ordinance was adopted on December 31,
23    1986 by the Village of Milan. ;
24        (69) If if the ordinance was adopted on September 8,
25    1994 by the City of West Frankfort. ;
26        (70) If if the ordinance was adopted on December 23,

 

 

09900SB1226sam001- 66 -LRB099 09184 AWJ 31959 a

1    1986 by the Village of Libertyville. ;
2        (71) If if the ordinance was adopted on December 22,
3    1986 by the Village of Hoffman Estates. ;
4        (72) If if the ordinance was adopted on September 17,
5    1986 by the Village of Sherman. ;
6        (73) If if the ordinance was adopted on December 16,
7    1986 by the City of Macomb. ;
8        (74) If if the ordinance was adopted on June 11, 2002
9    by the City of East Peoria to create the West Washington
10    Street TIF. ;
11        (75) If if the ordinance was adopted on June 11, 2002
12    by the City of East Peoria to create the Camp Street TIF. ;
13        (76) If if the ordinance was adopted on August 7, 2000
14    by the City of Des Plaines. ;
15        (77) If if the ordinance was adopted on December 22,
16    1986 by the City of Washington to create the Washington
17    Square TIF #2. ;
18        (78) If if the ordinance was adopted on December 29,
19    1986 by the City of Morris. ;
20        (79) If if the ordinance was adopted on July 6, 1998 by
21    the Village of Steeleville. ;
22        (80) If if the ordinance was adopted on December 29,
23    1986 by the City of Pontiac to create TIF I (the Main St
24    TIF). ;
25        (81) If if the ordinance was adopted on December 29,
26    1986 by the City of Pontiac to create TIF II (the

 

 

09900SB1226sam001- 67 -LRB099 09184 AWJ 31959 a

1    Interstate TIF). ;
2        (82) If if the ordinance was adopted on November 6,
3    2002 by the City of Chicago to create the Madden/Wells TIF
4    District. ;
5        (83) If if the ordinance was adopted on November 4,
6    1998 by the City of Chicago to create the Roosevelt/Racine
7    TIF District. ;
8        (84) If if the ordinance was adopted on June 10, 1998
9    by the City of Chicago to create the Stony Island
10    Commercial/Burnside Industrial Corridors TIF District. ;
11        (85) If if the ordinance was adopted on November 29,
12    1989 by the City of Chicago to create the Englewood Mall
13    TIF District. ;
14        (86) If if the ordinance was adopted on December 27,
15    1986 by the City of Mendota. ;
16        (87) If if the ordinance was adopted on December 31,
17    1986 by the Village of Cahokia. ;
18        (88) If if the ordinance was adopted on September 20,
19    1999 by the City of Belleville. ;
20        (89) If if the ordinance was adopted on December 30,
21    1986 by the Village of Bellevue to create the Bellevue TIF
22    District 1. ;
23        (90) If if the ordinance was adopted on December 13,
24    1993 by the Village of Crete. ;
25        (91) If if the ordinance was adopted on February 12,
26    2001 by the Village of Crete. ;

 

 

09900SB1226sam001- 68 -LRB099 09184 AWJ 31959 a

1        (92) If if the ordinance was adopted on April 23, 2001
2    by the Village of Crete. ;
3        (93) If if the ordinance was adopted on December 16,
4    1986 by the City of Champaign. ;
5        (94) If if the ordinance was adopted on December 20,
6    1986 by the City of Charleston. ;
7        (95) If if the ordinance was adopted on June 6, 1989 by
8    the Village of Romeoville. ;
9        (96) If if the ordinance was adopted on October 14,
10    1993 and amended on August 2, 2010 by the City of Venice. ;
11        (97) If if the ordinance was adopted on June 1, 1994 by
12    the City of Markham. ;
13        (98) If if the ordinance was adopted on May 19, 1998 by
14    the Village of Bensenville. ;
15        (99) If if the ordinance was adopted on November 12,
16    1987 by the City of Dixon. ;
17        (100) If if the ordinance was adopted on December 20,
18    1988 by the Village of Lansing. ;
19        (101) If if the ordinance was adopted on October 27,
20    1998 by the City of Moline. ;
21        (102) If if the ordinance was adopted on May 21, 1991
22    by the Village of Glenwood. ;
23        (103) If if the ordinance was adopted on January 28,
24    1992 by the City of East Peoria. ;
25        (104) If if the ordinance was adopted on December 14,
26    1998 by the City of Carlyle. ;

 

 

09900SB1226sam001- 69 -LRB099 09184 AWJ 31959 a

1        (105) If if the ordinance was adopted on May 17, 2000,
2    as subsequently amended, by the City of Chicago to create
3    the Midwest Redevelopment TIF District. ;
4        (106) If if the ordinance was adopted on September 13,
5    1989 by the City of Chicago to create the Michigan/Cermak
6    Area TIF District. ;
7        (107) If if the ordinance was adopted on March 30, 1992
8    by the Village of Ohio. ;
9        (108) If if the ordinance was adopted on July 6, 1998
10    by the Village of Orangeville. ;
11        (109) If if the ordinance was adopted on December 16,
12    1997 by the Village of Germantown. ;
13        (110) If if the ordinance was adopted on April 28, 2003
14    by Gibson City. ;
15        (111) If if the ordinance was adopted on December 18,
16    1990 by the Village of Washington Park, but only after the
17    Village of Washington Park becomes compliant with the
18    reporting requirements under subsection (d) of Section
19    11-74.4-5, and after the State Comptroller's certification
20    of such compliance. ;
21        (112) If if the ordinance was adopted on February 28,
22    2000 by the City of Harvey. ; or
23        (113) If if the ordinance was adopted on January 11,
24    1991 by the City of Chicago to create the Read/Dunning TIF
25    District. ;
26        (114) If if the ordinance was adopted on July 24, 1991

 

 

09900SB1226sam001- 70 -LRB099 09184 AWJ 31959 a

1    by the City of Chicago to create the Sanitary and Ship
2    Canal TIF District. ;
3        (115) If if the ordinance was adopted on December 4,
4    2007 by the City of Naperville. ;
5        (116) If if the ordinance was adopted on July 1, 2002
6    by the Village of Arlington Heights. ;
7        (117) If if the ordinance was adopted on February 11,
8    1991 by the Village of Machesney Park. ;
9        (118) If if the ordinance was adopted on December 29,
10    1993 by the City of Ottawa. ; or
11        (119) If if the ordinance was adopted on June 4, 1991
12    by the Village of Lansing.
13        (120) If (119) if the ordinance was adopted on February
14    10, 2004 by the Village of Fox Lake. ;
15        (121) If (120) if the ordinance was adopted on December
16    22, 1992 by the City of Fairfield. ; or
17        (122) If (121) if the ordinance was adopted on February
18    10, 1992 by the City of Mt. Sterling.
19        (123) If (113) if the ordinance was adopted on March
20    15, 2004 by the City of Batavia.
21        (124) If (119) if the ordinance was adopted on March
22    18, 2002 by the Village of Lake Zurich.
23    (d) For redevelopment project areas for which bonds were
24issued before July 29, 1991, or for which contracts were
25entered into before June 1, 1988, in connection with a
26redevelopment project in the area within the State Sales Tax

 

 

09900SB1226sam001- 71 -LRB099 09184 AWJ 31959 a

1Boundary, the estimated dates of completion of the
2redevelopment project and retirement of obligations to finance
3redevelopment project costs (including refunding bonds under
4Section 11-74.4-7) may be extended by municipal ordinance to
5December 31, 2013. The termination procedures of subsection (b)
6of Section 11-74.4-8 are not required for these redevelopment
7project areas in 2009 but are required in 2013. The extension
8allowed by Public Act 87-1272 shall not apply to real property
9tax increment allocation financing under Section 11-74.4-8.
10    (e) Those dates, for purposes of real property tax
11increment allocation financing pursuant to Section 11-74.4-8
12only, shall be not more than 35 years for redevelopment project
13areas that were adopted on or after December 16, 1986 and for
14which at least $8 million worth of municipal bonds were
15authorized on or after December 19, 1989 but before January 1,
161990; provided that the municipality elects to extend the life
17of the redevelopment project area to 35 years by the adoption
18of an ordinance after at least 14 but not more than 30 days'
19written notice to the taxing bodies, that would otherwise
20constitute the joint review board for the redevelopment project
21area, before the adoption of the ordinance.
22    (f) Those dates, for purposes of real property tax
23increment allocation financing pursuant to Section 11-74.4-8
24only, shall be not more than 35 years for redevelopment project
25areas that were established on or after December 1, 1981 but
26before January 1, 1982 and for which at least $1,500,000 worth

 

 

09900SB1226sam001- 72 -LRB099 09184 AWJ 31959 a

1of tax increment revenue bonds were authorized on or after
2September 30, 1990 but before July 1, 1991; provided that the
3municipality elects to extend the life of the redevelopment
4project area to 35 years by the adoption of an ordinance after
5at least 14 but not more than 30 days' written notice to the
6taxing bodies, that would otherwise constitute the joint review
7board for the redevelopment project area, before the adoption
8of the ordinance.
9    (g) In consolidating the material relating to completion
10dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
11it is not the intent of the General Assembly to make any
12substantive change in the law, except for the extension of the
13completion dates for the City of Aurora, the Village of Milan,
14the City of West Frankfort, the Village of Libertyville, and
15the Village of Hoffman Estates set forth under items (67),
16(68), (69), (70), and (71) of subsection (c) of this Section.
17(Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600,
18eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11;
1997-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff.
207-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff.
218-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889,
22eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14;
2398-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff.
241-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)
 
25    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)

 

 

09900SB1226sam001- 73 -LRB099 09184 AWJ 31959 a

1    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
2project areas. The changes made by this amendatory Act of the
391st General Assembly do not apply to a municipality that, (i)
4before the effective date of this amendatory Act of the 91st
5General Assembly, has adopted an ordinance or resolution fixing
6a time and place for a public hearing under Section 11-74.4-5
7or (ii) before July 1, 1999, has adopted an ordinance or
8resolution providing for a feasibility study under Section
911-74.4-4.1, but has not yet adopted an ordinance approving
10redevelopment plans and redevelopment projects or designating
11redevelopment project areas under this Section, until after
12that municipality adopts an ordinance approving redevelopment
13plans and redevelopment projects or designating redevelopment
14project areas under this Section; thereafter the changes made
15by this amendatory Act of the 91st General Assembly apply to
16the same extent that they apply to redevelopment plans and
17redevelopment projects that were approved and redevelopment
18projects that were designated before the effective date of this
19amendatory Act of the 91st General Assembly.
20    A municipality may:
21    (a) By ordinance introduced in the governing body of the
22municipality within 14 to 90 days from the completion of the
23hearing specified in Section 11-74.4-5 approve redevelopment
24plans and redevelopment projects, and designate redevelopment
25project areas pursuant to notice and hearing required by this
26Act. No redevelopment project area shall be designated unless a

 

 

09900SB1226sam001- 74 -LRB099 09184 AWJ 31959 a

1plan and project are approved prior to the designation of such
2area and such area shall include only those contiguous parcels
3of real property and improvements thereon substantially
4benefited by the proposed redevelopment project improvements.
5Upon adoption of the ordinances, the municipality shall
6forthwith transmit to the county clerk of the county or
7counties within which the redevelopment project area is located
8a certified copy of the ordinances, a legal description of the
9redevelopment project area, a map of the redevelopment project
10area, identification of the year that the county clerk shall
11use for determining the total initial equalized assessed value
12of the redevelopment project area consistent with subsection
13(a) of Section 11-74.4-9, and a list of the parcel or tax
14identification number of each parcel of property included in
15the redevelopment project area.
16    (b) Make and enter into all contracts with property owners,
17developers, tenants, overlapping taxing bodies, and others
18necessary or incidental to the implementation and furtherance
19of its redevelopment plan and project. Contract provisions
20concerning loan repayment obligations in contracts entered
21into on or after the effective date of this amendatory Act of
22the 93rd General Assembly shall terminate no later than the
23last to occur of the estimated dates of completion of the
24redevelopment project and retirement of the obligations issued
25to finance redevelopment project costs as required by item (3)
26of subsection (n) of Section 11-74.4-3. Payments received under

 

 

09900SB1226sam001- 75 -LRB099 09184 AWJ 31959 a

1contracts entered into by the municipality prior to the
2effective date of this amendatory Act of the 93rd General
3Assembly that are received after the redevelopment project area
4has been terminated by municipal ordinance shall be deposited
5into a special fund of the municipality to be used for other
6community redevelopment needs within the redevelopment project
7area.
8    (c) Within a redevelopment project area, acquire by
9purchase, donation, lease or eminent domain; own, convey,
10lease, mortgage or dispose of land and other property, real or
11personal, or rights or interests therein, and grant or acquire
12licenses, easements and options with respect thereto, all in
13the manner and at such price the municipality determines is
14reasonably necessary to achieve the objectives of the
15redevelopment plan and project. No conveyance, lease,
16mortgage, disposition of land or other property owned by a
17municipality, or agreement relating to the development of such
18municipal property shall be made except upon the adoption of an
19ordinance by the corporate authorities of the municipality.
20Furthermore, no conveyance, lease, mortgage, or other
21disposition of land owned by a municipality or agreement
22relating to the development of such municipal property shall be
23made without making public disclosure of the terms of the
24disposition and all bids and proposals made in response to the
25municipality's request. The procedures for obtaining such bids
26and proposals shall provide reasonable opportunity for any

 

 

09900SB1226sam001- 76 -LRB099 09184 AWJ 31959 a

1person to submit alternative proposals or bids.
2    (d) Within a redevelopment project area, clear any area by
3demolition or removal of any existing buildings and structures.
4    (e) Within a redevelopment project area, renovate or
5rehabilitate or construct any structure or building, as
6permitted under this Act.
7    (f) Install, repair, construct, reconstruct or relocate
8streets, utilities and site improvements essential to the
9preparation of the redevelopment area for use in accordance
10with a redevelopment plan.
11    (g) Within a redevelopment project area, fix, charge and
12collect fees, rents and charges for the use of any building or
13property owned or leased by it or any part thereof, or facility
14therein.
15    (h) Accept grants, guarantees and donations of property,
16labor, or other things of value from a public or private source
17for use within a project redevelopment area.
18    (i) Acquire and construct public facilities within a
19redevelopment project area, as permitted under this Act.
20    (j) Incur project redevelopment costs and reimburse
21developers who incur redevelopment project costs authorized by
22a redevelopment agreement; provided, however, that on and after
23the effective date of this amendatory Act of the 91st General
24Assembly, no municipality shall incur redevelopment project
25costs (except for planning costs and any other eligible costs
26authorized by municipal ordinance or resolution that are

 

 

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1subsequently included in the redevelopment plan for the area
2and are incurred by the municipality after the ordinance or
3resolution is adopted) that are not consistent with the program
4for accomplishing the objectives of the redevelopment plan as
5included in that plan and approved by the municipality until
6the municipality has amended the redevelopment plan as provided
7elsewhere in this Act.
8    (k) Create a commission of not less than 5 or more than 15
9persons to be appointed by the mayor or president of the
10municipality with the consent of the majority of the governing
11board of the municipality. Members of a commission appointed
12after the effective date of this amendatory Act of 1987 shall
13be appointed for initial terms of 1, 2, 3, 4 and 5 years,
14respectively, in such numbers as to provide that the terms of
15not more than 1/3 of all such members shall expire in any one
16year. Their successors shall be appointed for a term of 5
17years. The commission, subject to approval of the corporate
18authorities may exercise the powers enumerated in this Section.
19The commission shall also have the power to hold the public
20hearings required by this division and make recommendations to
21the corporate authorities concerning the adoption of
22redevelopment plans, redevelopment projects and designation of
23redevelopment project areas.
24    (l) Make payment in lieu of taxes or a portion thereof to
25taxing districts. If payments in lieu of taxes or a portion
26thereof are made to taxing districts, those payments shall be

 

 

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1made to all districts within a project redevelopment area on a
2basis which is proportional to the current collections of
3revenue which each taxing district receives from real property
4in the redevelopment project area.
5    (m) Exercise any and all other powers necessary to
6effectuate the purposes of this Act.
7    (n) If any member of the corporate authority, a member of a
8commission established pursuant to Section 11-74.4-4(k) of
9this Act, or an employee or consultant of the municipality
10involved in the planning and preparation of a redevelopment
11plan, or project for a redevelopment project area or proposed
12redevelopment project area, as defined in Sections
1311-74.4-3(i) through (k) of this Act, owns or controls an
14interest, direct or indirect, in any property included in any
15redevelopment area, or proposed redevelopment area, he or she
16shall disclose the same in writing to the clerk of the
17municipality, and shall also so disclose the dates and terms
18and conditions of any disposition of any such interest, which
19disclosures shall be acknowledged by the corporate authorities
20and entered upon the minute books of the corporate authorities.
21If an individual holds such an interest then that individual
22shall refrain from any further official involvement in regard
23to such redevelopment plan, project or area, from voting on any
24matter pertaining to such redevelopment plan, project or area,
25or communicating with other members concerning corporate
26authorities, commission or employees concerning any matter

 

 

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1pertaining to said redevelopment plan, project or area.
2Furthermore, no such member or employee shall acquire of any
3interest direct, or indirect, in any property in a
4redevelopment area or proposed redevelopment area after either
5(a) such individual obtains knowledge of such plan, project or
6area or (b) first public notice of such plan, project or area
7pursuant to Section 11-74.4-6 of this Division, whichever
8occurs first. For the purposes of this subsection, a property
9interest acquired in a single parcel of property by a member of
10the corporate authority, which property is used exclusively as
11the member's primary residence, shall not be deemed to
12constitute an interest in any property included in a
13redevelopment area or proposed redevelopment area that was
14established before December 31, 1989, but the member must
15disclose the acquisition to the municipal clerk under the
16provisions of this subsection. A single property interest
17acquired within one year after the effective date of this
18amendatory Act of the 94th General Assembly or 2 years after
19the effective date of this amendatory Act of the 95th General
20Assembly by a member of the corporate authority does not
21constitute an interest in any property included in any
22redevelopment area or proposed redevelopment area, regardless
23of when the redevelopment area was established, if (i) the
24property is used exclusively as the member's primary residence,
25(ii) the member discloses the acquisition to the municipal
26clerk under the provisions of this subsection, (iii) the

 

 

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

 

 

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

 

 

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

 

 

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1redevelopment project costs involve public property that is
2either contiguous to, or separated only by a public right of
3way from, a redevelopment project area whether or not
4redevelopment project costs or the source of payment for the
5costs are specifically set forth in the redevelopment plan for
6the redevelopment project area.
7    (r) If no redevelopment project has been initiated in a
8redevelopment project area within 7 years after the area was
9designated by ordinance under subsection (a), the municipality
10shall adopt an ordinance repealing the area's designation as a
11redevelopment project area; provided, however, that if an area
12received its designation more than 3 years before the effective
13date of this amendatory Act of 1994 and no redevelopment
14project has been initiated within 4 years after the effective
15date of this amendatory Act of 1994, the municipality shall
16adopt an ordinance repealing its designation as a redevelopment
17project area. Initiation of a redevelopment project shall be
18evidenced by either a signed redevelopment agreement or
19expenditures on eligible redevelopment project costs
20associated with a redevelopment project.
21    Notwithstanding any other provision of this Section to the
22contrary, with respect to a redevelopment project area
23designated by an ordinance that was adopted on July 29, 1998 by
24the City of Chicago, the City of Chicago shall adopt an
25ordinance repealing the area's designation as a redevelopment
26project area if no redevelopment project has been initiated in

 

 

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1the redevelopment project area within 15 years after the
2designation of the area. The City of Chicago may retroactively
3repeal any ordinance adopted by the City of Chicago, pursuant
4to this subsection (r), that repealed the designation of a
5redevelopment project area designated by an ordinance that was
6adopted by the City of Chicago on July 29, 1998. The City of
7Chicago has 90 days after the effective date of this amendatory
8Act to repeal the ordinance. The changes to this Section made
9by this amendatory Act of the 96th General Assembly apply
10retroactively to July 27, 2005.
11(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 
12    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
13    Sec. 11-74.4-8. Tax increment allocation financing. A
14municipality may not adopt tax increment financing in a
15redevelopment project area after the effective date of this
16amendatory Act of 1997 that will encompass an area that is
17currently included in an enterprise zone created under the
18Illinois Enterprise Zone Act unless that municipality,
19pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
20amends the enterprise zone designating ordinance to limit the
21eligibility for tax abatements as provided in Section 5.4.1 of
22the Illinois Enterprise Zone Act. A municipality, at the time a
23redevelopment project area is designated, may adopt tax
24increment allocation financing by passing an ordinance
25providing that the ad valorem taxes, if any, arising from the

 

 

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1levies upon taxable real property in such redevelopment project
2area by taxing districts and tax rates determined in the manner
3provided in paragraph (c) of Section 11-74.4-9 each year after
4the effective date of the ordinance until redevelopment project
5costs and all municipal obligations financing redevelopment
6project costs incurred under this Division have been paid shall
7be divided as follows:
8    (a) That portion of taxes levied upon each taxable lot,
9block, tract or parcel of real property which is attributable
10to the lower of the current equalized assessed value or the
11initial equalized assessed value of each such taxable lot,
12block, tract or parcel of real property in the redevelopment
13project area (plus, with respect to any redevelopment project
14area located within a transit facility improvement area
15established pursuant to Section 11-74.4-3.3, 20% of the portion
16calculated pursuant to subsection (b) of this Section) shall be
17allocated to and when collected shall be paid by the county
18collector to the respective affected taxing districts in the
19manner required by law in the absence of the adoption of tax
20increment allocation financing.
21    (b) Except from a tax levied by a township to retire bonds
22issued to satisfy court-ordered damages, that portion (but,
23with respect to any redevelopment project area located within a
24transit facility improvement area established pursuant to
25Section 11-74.4-3.3, only 80% of that portion), if any, of such
26taxes which is attributable to the increase in the current

 

 

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1equalized assessed valuation of each taxable lot, block, tract
2or parcel of real property in the redevelopment project area
3over and above the initial equalized assessed value of each
4property in the project area shall be allocated to and when
5collected shall be paid to the municipal treasurer who shall
6deposit said taxes into a special fund called the special tax
7allocation fund of the municipality for the purpose of paying
8redevelopment project costs and obligations incurred in the
9payment thereof. In any county with a population of 3,000,000
10or more that has adopted a procedure for collecting taxes that
11provides for one or more of the installments of the taxes to be
12billed and collected on an estimated basis, the municipal
13treasurer shall be paid for deposit in the special tax
14allocation fund of the municipality, from the taxes collected
15from estimated bills issued for property in the redevelopment
16project area, the difference between the amount actually
17collected from each taxable lot, block, tract, or parcel of
18real property within the redevelopment project area and an
19amount determined by multiplying the rate at which taxes were
20last extended against the taxable lot, block, track, or parcel
21of real property in the manner provided in subsection (c) of
22Section 11-74.4-9 by the initial equalized assessed value of
23the property divided by the number of installments in which
24real estate taxes are billed and collected within the county;
25provided that the payments on or before December 31, 1999 to a
26municipal treasurer shall be made only if each of the following

 

 

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1conditions are met:
2        (1) The total equalized assessed value of the
3    redevelopment project area as last determined was not less
4    than 175% of the total initial equalized assessed value.
5        (2) Not more than 50% of the total equalized assessed
6    value of the redevelopment project area as last determined
7    is attributable to a piece of property assigned a single
8    real estate index number.
9        (3) The municipal clerk has certified to the county
10    clerk that the municipality has issued its obligations to
11    which there has been pledged the incremental property taxes
12    of the redevelopment project area or taxes levied and
13    collected on any or all property in the municipality or the
14    full faith and credit of the municipality to pay or secure
15    payment for all or a portion of the redevelopment project
16    costs. The certification shall be filed annually no later
17    than September 1 for the estimated taxes to be distributed
18    in the following year; however, for the year 1992 the
19    certification shall be made at any time on or before March
20    31, 1992.
21        (4) The municipality has not requested that the total
22    initial equalized assessed value of real property be
23    adjusted as provided in subsection (b) of Section
24    11-74.4-9.
25    The conditions of paragraphs (1) through (4) do not apply
26after December 31, 1999 to payments to a municipal treasurer

 

 

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1made by a county with 3,000,000 or more inhabitants that has
2adopted an estimated billing procedure for collecting taxes. If
3a county that has adopted the estimated billing procedure makes
4an erroneous overpayment of tax revenue to the municipal
5treasurer, then the county may seek a refund of that
6overpayment. The county shall send the municipal treasurer a
7notice of liability for the overpayment on or before the
8mailing date of the next real estate tax bill within the
9county. The refund shall be limited to the amount of the
10overpayment.
11    It is the intent of this Division that after the effective
12date of this amendatory Act of 1988 a municipality's own ad
13valorem tax arising from levies on taxable real property be
14included in the determination of incremental revenue in the
15manner provided in paragraph (c) of Section 11-74.4-9. If the
16municipality does not extend such a tax, it shall annually
17deposit in the municipality's Special Tax Increment Fund an
18amount equal to 10% of the total contributions to the fund from
19all other taxing districts in that year. The annual 10% deposit
20required by this paragraph shall be limited to the actual
21amount of municipally produced incremental tax revenues
22available to the municipality from taxpayers located in the
23redevelopment project area in that year if: (a) the plan for
24the area restricts the use of the property primarily to
25industrial purposes, (b) the municipality establishing the
26redevelopment project area is a home-rule community with a 1990

 

 

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1population of between 25,000 and 50,000, (c) the municipality
2is wholly located within a county with a 1990 population of
3over 750,000 and (d) the redevelopment project area was
4established by the municipality prior to June 1, 1990. This
5payment shall be in lieu of a contribution of ad valorem taxes
6on real property. If no such payment is made, any redevelopment
7project area of the municipality shall be dissolved.
8    If a municipality has adopted tax increment allocation
9financing by ordinance and the County Clerk thereafter
10certifies the "total initial equalized assessed value as
11adjusted" of the taxable real property within such
12redevelopment project area in the manner provided in paragraph
13(b) of Section 11-74.4-9, each year after the date of the
14certification of the total initial equalized assessed value as
15adjusted until redevelopment project costs and all municipal
16obligations financing redevelopment project costs have been
17paid the ad valorem taxes, if any, arising from the levies upon
18the taxable real property in such redevelopment project area by
19taxing districts and tax rates determined in the manner
20provided in paragraph (c) of Section 11-74.4-9 shall be divided
21as follows:
22        (1) That portion of the taxes levied upon each taxable
23    lot, block, tract or parcel of real property which is
24    attributable to the lower of the current equalized assessed
25    value or "current equalized assessed value as adjusted" or
26    the initial equalized assessed value of each such taxable

 

 

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1    lot, block, tract, or parcel of real property existing at
2    the time tax increment financing was adopted, minus the
3    total current homestead exemptions under Article 15 of the
4    Property Tax Code in the redevelopment project area (plus,
5    with respect to any redevelopment project area located
6    within a transit facility improvement area established
7    pursuant to Section 11-74.4-3.3, 20% of the portion
8    calculated pursuant to paragraph (2) below) shall be
9    allocated to and when collected shall be paid by the county
10    collector to the respective affected taxing districts in
11    the manner required by law in the absence of the adoption
12    of tax increment allocation financing.
13        (2) That portion (but, with respect to any
14    redevelopment project area located within a transit
15    facility improvement area established pursuant to Section
16    11-74.4-3.3, only 80% of that portion), if any, of such
17    taxes which is attributable to the increase in the current
18    equalized assessed valuation of each taxable lot, block,
19    tract, or parcel of real property in the redevelopment
20    project area, over and above the initial equalized assessed
21    value of each property existing at the time tax increment
22    financing was adopted, minus the total current homestead
23    exemptions pertaining to each piece of property provided by
24    Article 15 of the Property Tax Code in the redevelopment
25    project area, shall be allocated to and when collected
26    shall be paid to the municipal Treasurer, who shall deposit

 

 

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1    said taxes into a special fund called the special tax
2    allocation fund of the municipality for the purpose of
3    paying redevelopment project costs and obligations
4    incurred in the payment thereof.
5    The municipality may pledge in the ordinance the funds in
6and to be deposited in the special tax allocation fund for the
7payment of such costs and obligations. No part of the current
8equalized assessed valuation of each property in the
9redevelopment project area attributable to any increase above
10the total initial equalized assessed value, or the total
11initial equalized assessed value as adjusted, of such
12properties shall be used in calculating the general State
13school aid formula, provided for in Section 18-8 of the School
14Code, until such time as all redevelopment project costs have
15been paid as provided for in this Section.
16    Whenever a municipality issues bonds for the purpose of
17financing redevelopment project costs, such municipality may
18provide by ordinance for the appointment of a trustee, which
19may be any trust company within the State, and for the
20establishment of such funds or accounts to be maintained by
21such trustee as the municipality shall deem necessary to
22provide for the security and payment of the bonds. If such
23municipality provides for the appointment of a trustee, such
24trustee shall be considered the assignee of any payments
25assigned by the municipality pursuant to such ordinance and
26this Section. Any amounts paid to such trustee as assignee

 

 

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1shall be deposited in the funds or accounts established
2pursuant to such trust agreement, and shall be held by such
3trustee in trust for the benefit of the holders of the bonds,
4and such holders shall have a lien on and a security interest
5in such funds or accounts so long as the bonds remain
6outstanding and unpaid. Upon retirement of the bonds, the
7trustee shall pay over any excess amounts held to the
8municipality for deposit in the special tax allocation fund.
9    When such redevelopment projects costs, including without
10limitation all municipal obligations financing redevelopment
11project costs incurred under this Division, have been paid, all
12surplus funds then remaining in the special tax allocation fund
13shall be distributed by being paid by the municipal treasurer
14to the Department of Revenue, the municipality and the county
15collector; first to the Department of Revenue and the
16municipality in direct proportion to the tax incremental
17revenue received from the State and the municipality, but not
18to exceed the total incremental revenue received from the State
19or the municipality less any annual surplus distribution of
20incremental revenue previously made; with any remaining funds
21to be paid to the County Collector who shall immediately
22thereafter pay said funds to the taxing districts in the
23redevelopment project area in the same manner and proportion as
24the most recent distribution by the county collector to the
25affected districts of real property taxes from real property in
26the redevelopment project area.

 

 

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1    Upon the payment of all redevelopment project costs, the
2retirement of obligations, the distribution of any excess
3monies pursuant to this Section, and final closing of the books
4and records of the redevelopment project area, the municipality
5shall adopt an ordinance dissolving the special tax allocation
6fund for the redevelopment project area and terminating the
7designation of the redevelopment project area as a
8redevelopment project area. Title to real or personal property
9and public improvements acquired by or for the municipality as
10a result of the redevelopment project and plan shall vest in
11the municipality when acquired and shall continue to be held by
12the municipality after the redevelopment project area has been
13terminated. Municipalities shall notify affected taxing
14districts prior to November 1 if the redevelopment project area
15is to be terminated by December 31 of that same year. If a
16municipality extends estimated dates of completion of a
17redevelopment project and retirement of obligations to finance
18a redevelopment project, as allowed by this amendatory Act of
191993, that extension shall not extend the property tax
20increment allocation financing authorized by this Section.
21Thereafter the rates of the taxing districts shall be extended
22and taxes levied, collected and distributed in the manner
23applicable in the absence of the adoption of tax increment
24allocation financing.
25    Nothing in this Section shall be construed as relieving
26property in such redevelopment project areas from being

 

 

09900SB1226sam001- 94 -LRB099 09184 AWJ 31959 a

1assessed as provided in the Property Tax Code or as relieving
2owners of such property from paying a uniform rate of taxes, as
3required by Section 4 of Article IX of the Illinois
4Constitution.
5(Source: P.A. 98-463, eff. 8-16-13.)".