(65 ILCS 5/11-74.4-3.5) Sec. 11-74.4-3.5. Completion dates for redevelopment projects. (a) Unless otherwise stated in this Section, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on or after January 15, 1981. (a-5) If the redevelopment project area is located within a transit facility improvement area established pursuant to Section 11-74.4-3, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted. (a-7) A municipality may adopt tax increment financing for a redevelopment project area located in a transit facility improvement area that also includes real property located within an existing redevelopment project area established prior to August 12, 2016 (the effective date of Public Act 99-792). In such case: (i) the provisions of this Division shall apply with respect to the previously established redevelopment project area until the municipality adopts, as required in accordance with applicable provisions of this Division, an ordinance dissolving the special tax allocation fund for such redevelopment project area and terminating the designation of such redevelopment project area as a redevelopment project area; and (ii) after the effective date of the ordinance described in (i), the provisions of this Division shall apply with respect to the subsequently established redevelopment project area located in a transit facility improvement area. (b) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 32nd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on September 9, 1999 by the Village of Downs. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 33rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on May 20, 1985 by the Village of Wheeling. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 28th calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on October 12, 1989 by the City of Lawrenceville. (c) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted: (1) If the ordinance was adopted before January 15, | ||
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(2) If the ordinance was adopted in December 1983, | ||
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(3) If the ordinance was adopted in December 1987 and | ||
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(4) If the ordinance was adopted before January 1, | ||
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(5) If the municipality is subject to the Local | ||
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(6) If the ordinance was adopted in December 1984 by | ||
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(7) If the ordinance was adopted on December 31, 1986 | ||
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(8) If the ordinance was adopted on October 5, 1982 | ||
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(9) If the ordinance was adopted on November 12, 1991 | ||
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(10) If the ordinance was adopted on February 11, | ||
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(11) If the ordinance was adopted before December 18, | ||
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(12) If the ordinance was adopted in September 1988 | ||
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(13) If the ordinance was adopted in October 1993 by | ||
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(14) If the ordinance was adopted on December 29, | ||
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(15) If the ordinance was adopted in March 1991 by | ||
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(16) If the ordinance was adopted on January 23, 1991 | ||
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(17) If the ordinance was adopted on December 22, | ||
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(18) If the ordinance was adopted on February 5, 1990 | ||
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(19) If the ordinance was adopted on September 6, | ||
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(20) If the ordinance was adopted on December 22, | ||
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(21) If the ordinance was adopted on December 23, | ||
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(22) If the ordinance was adopted on December 23, | ||
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(23) If the ordinance was adopted on April 27, 1981, | ||
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(24) If the ordinance was adopted on December 29, | ||
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(25) If the ordinance was adopted on September 14, | ||
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(26) If the ordinance was adopted on November 11, | ||
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(27) If the ordinance was adopted on November 5, 1984 | ||
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(28) If the ordinance was adopted on April 3, 1991 or | ||
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(29) If the ordinance was adopted on November 11, | ||
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(30) If the ordinance was adopted on December 15, | ||
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(31) If the ordinance was adopted on December 15, | ||
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(32) If the ordinance was adopted on December 15, | ||
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(33) If the ordinance was adopted on February 24, | ||
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(34) If the ordinance was adopted on March 16, 1995 | ||
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(35) If the ordinance was adopted on December 23, | ||
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(36) If the ordinance was adopted on December 30, | ||
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(37) If the ordinance was adopted on May 9, 1991 by | ||
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(38) If the ordinance was adopted on October 20, 1986 | ||
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(39) If the ordinance was adopted on January 19, 1988 | ||
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(40) If the ordinance was adopted on September 21, | ||
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(41) If the ordinance was adopted on December 31, | ||
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(42) If the ordinance was adopted on December 23, | ||
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(43) If the ordinance was adopted on December 31, | ||
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(44) If the ordinance was adopted on July 28, 1987 by | ||
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(45) If the ordinance was adopted on April 23, 1990 | ||
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(46) If the ordinance was adopted on August 20, 1985 | ||
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(47) If the ordinance was adopted on February 2, 1998 | ||
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(48) If the ordinance was adopted on April 20, 1993 | ||
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(49) If the ordinance was adopted on July 1, 1986 by | ||
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(50) If the ordinance was adopted on February 2, 1989 | ||
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(51) If the ordinance was adopted on December 29, | ||
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(52) If the ordinance was adopted on July 14, 1999 by | ||
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(53) If the ordinance was adopted on November 17, | ||
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(54) If the ordinance was adopted on November 20, | ||
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(55) If the ordinance was adopted on July 14, 1992 by | ||
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(56) If the ordinance was adopted on December 29, | ||
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(57) If the ordinance was adopted on April 1, 1985 by | ||
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(58) If the ordinance was adopted on May 21, 1990 by | ||
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(59) If the ordinance was adopted on December 16, | ||
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(60) If the ordinance was adopted in 1999 by the City | ||
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(61) If the ordinance was adopted on January 13, 1987 | ||
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(62) If the ordinance was adopted on December 30, | ||
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(63) If the ordinance was adopted on April 3, 1989 by | ||
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(64) If the ordinance was adopted on January 6, 1999 | ||
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(65) If the ordinance was adopted on December 19, | ||
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(66) If the ordinance was adopted on December 22, | ||
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(67) If the ordinance was adopted on December 2, 1986 | ||
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(68) If the ordinance was adopted on December 31, | ||
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(69) If the ordinance was adopted on September 8, | ||
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(70) If the ordinance was adopted on December 23, | ||
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(71) If the ordinance was adopted on December 22, | ||
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(72) If the ordinance was adopted on September 17, | ||
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(73) If the ordinance was adopted on December 16, | ||
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(74) If the ordinance was adopted on June 11, 2002 by | ||
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(75) If the ordinance was adopted on June 11, 2002 by | ||
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(76) If the ordinance was adopted on August 7, 2000 | ||
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(77) If the ordinance was adopted on December 22, | ||
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(78) If the ordinance was adopted on December 29, | ||
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(79) If the ordinance was adopted on July 6, 1998 by | ||
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(80) If the ordinance was adopted on December 29, | ||
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(81) If the ordinance was adopted on December 29, | ||
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(82) If the ordinance was adopted on November 6, 2002 | ||
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(83) If the ordinance was adopted on November 4, 1998 | ||
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(84) If the ordinance was adopted on June 10, 1998 by | ||
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(85) If the ordinance was adopted on November 29, | ||
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(86) If the ordinance was adopted on December 27, | ||
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(87) If the ordinance was adopted on December 31, | ||
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(88) If the ordinance was adopted on September 20, | ||
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(89) If the ordinance was adopted on December 30, | ||
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(90) If the ordinance was adopted on December 13, | ||
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(91) If the ordinance was adopted on February 12, | ||
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(92) If the ordinance was adopted on April 23, 2001 | ||
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(93) If the ordinance was adopted on December 16, | ||
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(94) If the ordinance was adopted on December 20, | ||
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(95) If the ordinance was adopted on June 6, 1989 by | ||
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(96) If the ordinance was adopted on October 14, 1993 | ||
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(97) If the ordinance was adopted on June 1, 1994 by | ||
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(98) If the ordinance was adopted on May 19, 1998 by | ||
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(99) If the ordinance was adopted on November 12, | ||
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(100) If the ordinance was adopted on December 20, | ||
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(101) If the ordinance was adopted on October 27, | ||
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(102) If the ordinance was adopted on May 21, 1991 by | ||
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(103) If the ordinance was adopted on January 28, | ||
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(104) If the ordinance was adopted on December 14, | ||
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(105) If the ordinance was adopted on May 17, 2000, | ||
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(106) If the ordinance was adopted on September 13, | ||
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(107) If the ordinance was adopted on March 30, 1992 | ||
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(108) If the ordinance was adopted on July 6, 1998 by | ||
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(109) If the ordinance was adopted on December 16, | ||
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(110) If the ordinance was adopted on April 28, 2003 | ||
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(111) If the ordinance was adopted on December 18, | ||
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(112) If the ordinance was adopted on February 28, | ||
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(113) If the ordinance was adopted on January 11, | ||
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(114) If the ordinance was adopted on July 24, 1991 | ||
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(115) If the ordinance was adopted on December 4, | ||
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(116) If the ordinance was adopted on July 1, 2002 by | ||
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(117) If the ordinance was adopted on February 11, | ||
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(118) If the ordinance was adopted on December 29, | ||
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(119) If the ordinance was adopted on June 4, 1991 by | ||
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(120) If the ordinance was adopted on February 10, | ||
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(121) If the ordinance was adopted on December 22, | ||
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(122) If the ordinance was adopted on February 10, | ||
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(123) If the ordinance was adopted on March 15, 2004 | ||
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(124) If the ordinance was adopted on March 18, 2002 | ||
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(125) If the ordinance was adopted on September 23, | ||
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(126) If the ordinance was adopted on May 8, 2013 by | ||
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(127) If the ordinance was adopted on November 22, | ||
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(128) If the ordinance was adopted on September 7, | ||
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(129) If the ordinance was adopted on November 29, | ||
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(130) If the ordinance was adopted on September 20, | ||
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(131) If the ordinance was adopted on May 2, 2002 by | ||
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(132) If the ordinance was adopted on October 27, | ||
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(133) If the ordinance was adopted on December 23, | ||
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(134) If the ordinance was adopted on May 4, 1998 by | ||
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(135) If the ordinance was adopted on June 11, 2002 | ||
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(136) If the ordinance was adopted on November 16, | ||
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(137) If the ordinance was adopted on March 1, 2001 | ||
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(138) If the ordinance was adopted on February 26, | ||
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(139) If the ordinance was adopted on January 25, | ||
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(140) If the ordinance was adopted on December 23, | ||
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(141) If the ordinance was adopted on February 10, | ||
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(142) If the ordinance was adopted on June 11, 2002 | ||
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(143) If the ordinance was adopted on January 31, | ||
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(144) If the ordinance was adopted on February 5, | ||
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(145) If the ordinance was adopted on December 21, | ||
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(146) If the ordinance was adopted on May 5, 2003 by | ||
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(147) If the ordinance was adopted on June 2, 1998 by | ||
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(148) If the ordinance was adopted on October 23, | ||
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(149) If the ordinance was adopted on May 24, 2001 by | ||
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(150) If the ordinance was adopted on May 30, 1995 by | ||
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(151) If the ordinance was adopted on April 15, 1997 | ||
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(152) If the ordinance was adopted on September 5, | ||
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(153) If the ordinance was adopted on June 21, 1999 | ||
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(154) If the ordinance was adopted on February 23, | ||
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(155) If the ordinance was adopted on August 11, 1999 | ||
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(156) If the ordinance was adopted on December 26, | ||
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(157) If the ordinance was adopted on July 1, 1995 by | ||
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(158) If the ordinance was adopted on January 30, | ||
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(159) If the ordinance was adopted on February 2, | ||
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(160) If the ordinance was adopted on July 2, 1996 by | ||
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(161) If the ordinance was adopted on March 21, 2000 | ||
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(162) If the ordinance was adopted on March 22, 2005 | ||
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(163) If the ordinance was adopted on July 10, 1996 | ||
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(164) If the ordinance was adopted on December 11, | ||
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(165) If the ordinance was adopted on December 31, | ||
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(166) If the ordinance was adopted on October 7, 1998 | ||
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(167) If the ordinance was adopted on April 19, 1995 | ||
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(168) If the ordinance was adopted on April 22, 1996 | ||
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(169) If the ordinance was adopted on June 9, 2008 by | ||
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(170) If the ordinance was adopted on July 3, 1996 by | ||
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(171) If the ordinance was adopted on May 19, 1997 by | ||
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(172) If the ordinance was adopted on August 13, 2001 | ||
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(173) If the ordinance was adopted on January 10, | ||
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(174) If the ordinance was adopted on January 28, | ||
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(175) If the ordinance was adopted on January 28, | ||
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(176) If the ordinance was adopted on May 3, 2001 by | ||
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(177) If the ordinance was adopted on January 1, 1996 | ||
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(178) If the ordinance was adopted on January 28, | ||
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(179) If the ordinance was adopted on October 4, 1999 | ||
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(180) If the ordinance was adopted on June 16, 2003 | ||
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(181) If the ordinance was adopted on December 7, | ||
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(182) If the ordinance was adopted on March 27, 1997 | ||
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(183) If the ordinance was adopted on March 27, 1997 | ||
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(184) If the ordinance was adopted on November 10, | ||
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(185) If the ordinance was adopted on July 30, 1997 | ||
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(186) If the ordinance was adopted on December 1, | ||
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(187) If the ordinance was adopted on June 16, 1999 | ||
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(188) If the ordinance was adopted on August 19, 1998 | ||
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(189) If the ordinance was adopted on February 5, | ||
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(190) If the ordinance was adopted on June 1, 1997 by | ||
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(191) If the ordinance was adopted on August 17, 1999 | ||
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(192) If the ordinance was adopted on June 13, 2005 | ||
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(193) If the ordinance was adopted on March 25, 2008 | ||
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(194) If the ordinance was adopted on February 22, | ||
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(195) If the ordinance was adopted on November 21, | ||
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(196) If the ordinance was adopted on January 28, | ||
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(197) If the ordinance was adopted on February 4, | ||
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(198) If the ordinance was adopted on August 17, 2005 | ||
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(199) If the ordinance was adopted on July 16, 2014 | ||
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(200) If the ordinance was adopted on July 16, 2014 | ||
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(201) If the ordinance was adopted on July 16, 2014 | ||
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(202) If the ordinance was adopted on September 17, | ||
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(203) If the ordinance was adopted on September 17, | ||
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(204) If the ordinance was adopted on September 17, | ||
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(205) If the ordinance was adopted on September 17, | ||
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(206) If the ordinance was adopted on June 26, 2007 | ||
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(207) If the ordinance was adopted on October 28, | ||
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(208) If the ordinance was adopted on April 4, 2000 | ||
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(209) If the ordinance was adopted on July 8, 1998 by | ||
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(210) If the ordinance was adopted on July 8, 1998 by | ||
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(211) If the ordinance was adopted on November 4, | ||
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(212) If the ordinance was adopted on February 5, | ||
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(213) If the ordinance was adopted on December 8, | ||
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(214) If the ordinance was adopted on July 17, 2000 | ||
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(215) If the ordinance was adopted on December 27, | ||
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(216) If the ordinance was adopted on June 10, 1998 | ||
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(217) If the ordinance was adopted on December 2, | ||
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(218) If the ordinance was adopted on June 10, 1998 | ||
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(219) If the ordinance was adopted on January 14, | ||
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(220) If the ordinance was adopted on June 9, 1999 by | ||
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(221) If the ordinance was adopted on December 16, | ||
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(222) If the ordinance was adopted on February 5, | ||
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(223) If the ordinance was adopted on February 5, | ||
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(224) If the ordinance was adopted on July 21, 1999 | ||
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(225) If the ordinance was adopted on January 20, | ||
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(226) If the ordinance was adopted on July 7, 1999 by | ||
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(227) If the ordinance was adopted on November 4, | ||
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(228) If the ordinance was adopted on August 12, 2003 | ||
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(229) If the ordinance was adopted on March 7, 2000 | ||
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(230) If the ordinance was adopted on August 3, 2001 | ||
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(231) If the ordinance was adopted on August 22, 2011 | ||
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(232) If the ordinance was adopted on April 8, 1999 | ||
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(233) If the ordinance was adopted on August 4, 1999 | ||
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(234) If the ordinance was adopted on October 2, 1999 | ||
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(235) If the ordinance was adopted December 16, 1999 | ||
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(236) If the ordinance was adopted on December 13, | ||
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(237) If the ordinance was adopted on September 29, | ||
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(238) If the ordinance was adopted on November 12, | ||
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(239) If the ordinance was adopted on July 7, 1999 by | ||
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(240) If the ordinance was adopted on September 29, | ||
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(241) If the ordinance was adopted on April 12, 2000 | ||
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(242) If the ordinance was adopted on January 9, 2002 | ||
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(243) If the ordinance was adopted on May 23, 2000 by | ||
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(244) If the ordinance was adopted on October 9, 2001 | ||
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(245) If the ordinance was adopted on September 19, | ||
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(246) If the ordinance was adopted on April 15, 2002 | ||
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(247) If the ordinance was adopted on February 15, | ||
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(248) If the ordinance was adopted on December 19, | ||
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(249) If the ordinance was adopted on July 24, 2000 | ||
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(250) If the ordinance was adopted on February 5, | ||
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(251) If the ordinance was adopted on November 20, | ||
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(252) If the ordinance was adopted on February 16, | ||
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(253) If the ordinance was adopted on October 23, | ||
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(254) If the ordinance was adopted on February 22, | ||
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(255) If the ordinance was adopted on February 6, | ||
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(256) If the ordinance was adopted on June 27, 2001 | ||
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(257) If the ordinance was adopted on May 17, 2000 by | ||
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(258) If the ordinance was adopted on March 10, 1999 | ||
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(259) If the ordinance was adopted on February 16, | ||
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(260) If the ordinance was adopted on November 3, | ||
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(261) If the ordinance was adopted on September 3, | ||
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(d) For redevelopment project areas for which bonds were issued before July 29, 1991, or for which contracts were entered into before June 1, 1988, in connection with a redevelopment project in the area within the State Sales Tax Boundary, the estimated dates of completion of the redevelopment project and retirement of obligations to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may be extended by municipal ordinance to December 31, 2013. The termination procedures of subsection (b) of Section 11-74.4-8 are not required for these redevelopment project areas in 2009 but are required in 2013. The extension allowed by Public Act 87-1272 shall not apply to real property tax increment allocation financing under Section 11-74.4-8. (e) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were adopted on or after December 16, 1986 and for which at least $8 million worth of municipal bonds were authorized on or after December 19, 1989 but before January 1, 1990; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance. (f) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were established on or after December 1, 1981 but before January 1, 1982 and for which at least $1,500,000 worth of tax increment revenue bonds were authorized on or after September 30, 1990 but before July 1, 1991; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance. (f-1) (Blank). (f-2) (Blank). (f-3) (Blank). (f-5) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 47 years for redevelopment project areas listed in this subsection; provided that (i) the municipality adopts an ordinance extending the life of the redevelopment project area to 47 years and (ii) the municipality provides notice to the taxing bodies that would otherwise constitute the joint review board for the redevelopment project area not more than 30 and not less than 14 days prior to the adoption of that ordinance: (1) If the redevelopment project area was established | ||
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(2) If the redevelopment project area was established | ||
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(3) If the redevelopment project area was established | ||
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(4) If the redevelopment project area was established | ||
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(5) If the redevelopment project area was established | ||
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(6) If the redevelopment project area was established | ||
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(7) If the redevelopment project area was established | ||
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(8) If the redevelopment project area was established | ||
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(9) If the redevelopment project area was established | ||
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(10) If the redevelopment project area was | ||
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(11) If the redevelopment project area was | ||
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(12) If the redevelopment project area was | ||
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(13) If the redevelopment project area was | ||
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(14) If the ordinance was adopted on April 3, 1989 by | ||
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(15) If the redevelopment project area was | ||
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(16) If the redevelopment project area was | ||
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(17) If the redevelopment project area was | ||
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(18) If the redevelopment project area was | ||
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(19) If the redevelopment project area was | ||
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(20) If the redevelopment project area was | ||
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(21) If the redevelopment project area was | ||
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(g) In consolidating the material relating to completion dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, it is not the intent of the General Assembly to make any substantive change in the law, except for the extension of the completion dates for the City of Aurora, the Village of Milan, the City of West Frankfort, the Village of Libertyville, and the Village of Hoffman Estates set forth under items (67), (68), (69), (70), and (71) of subsection (c) of this Section. (Source: P.A. 102-117, eff. 7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21; 102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff. 8-27-21; 102-675, eff. 11-30-21; 102-745, eff. 5-6-22; 102-818, eff. 5-13-22; 102-1113, eff. 12-21-22; 103-315, eff. 7-28-23; 103-575, eff. 12-8-23.) |
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment project
areas. The changes made by this amendatory Act of the 91st General Assembly
do not apply to a municipality that, (i) before the effective date of this
amendatory Act of the 91st General Assembly, has adopted an ordinance or
resolution fixing a time and place for a
public hearing under Section 11-74.4-5 or (ii) before July 1, 1999, has
adopted an ordinance or resolution providing for a feasibility study under
Section 11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section, until after that
municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section; thereafter the changes made by
this amendatory Act of the 91st General Assembly apply to the same extent that
they apply to
redevelopment plans and redevelopment projects that were approved and
redevelopment projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
A municipality may: (a) By ordinance introduced in the governing body of | ||
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The changes made by this amendatory Act of the 102nd | ||
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(b) Make and enter into all contracts with property | ||
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(c) Within a redevelopment project area, acquire by | ||
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(d) Within a redevelopment project area, clear any | ||
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(e) Within a redevelopment project area, renovate or | ||
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(f) Install, repair, construct, reconstruct or | ||
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(g) Within a redevelopment project area, fix, charge | ||
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(h) Accept grants, guarantees and donations of | ||
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(i) Acquire and construct public facilities within a | ||
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(j) Incur project redevelopment costs and reimburse | ||
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(k) Create a commission of not less than 5 or more | ||
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(l) Make payment in lieu of taxes or a portion | ||
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(m) Exercise any and all other powers necessary to | ||
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(n) If any member of the corporate authority, a | ||
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(o) Create a Tax Increment Economic Development | ||
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(p) Municipalities may jointly undertake and perform | ||
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(q) Utilize revenues, other than State sales tax | ||
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(i) contiguous to the redevelopment project area | ||
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(ii) separated only by a public right of way from | ||
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(iii) separated only by forest preserve property | ||
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Utilize tax increment revenues for eligible costs | ||
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(r) If no redevelopment project has been initiated in | ||
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Notwithstanding any other provision of this Section | ||
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(s) The various powers and duties described in this | ||
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(Source: P.A. 102-627, eff. 8-27-21; 102-818, eff. 5-13-22.)
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(65 ILCS 5/11-74.4-4.1)
Sec. 11-74.4-4.1.
Feasibility study.
(a) If a municipality by its corporate authorities, or as it
may determine by any commission designated under
subsection (k) of Section 11-74.4-4, adopts an ordinance or resolution
providing
for a feasibility study on the designation of an area as a redevelopment
project area, a copy
of the ordinance or resolution shall immediately be sent to all taxing
districts that would be affected by the designation.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the
ordinance
or resolution shall include:
(1) The boundaries of the area to be studied for | ||
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(2) The purpose or purposes of the proposed | ||
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(3) A general description of tax increment allocation | ||
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(4) The name, phone number, and address of the | ||
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(b) If one of the purposes of the planned redevelopment project area should
reasonably be expected to
result in the displacement of
residents from 10 or more
inhabited residential units, the
municipality shall adopt a resolution or ordinance providing for the
feasibility
study described in subsection (a). The ordinance or resolution shall also
require that the feasibility study include the preparation of the housing
impact study set forth in paragraph (5) of subsection (n) of Section 11-74.4-3.
If the redevelopment plan will not result in displacement of
residents
from 10 or more inhabited residential units, and the municipality
certifies in the plan that
such displacement will not result from the plan, then a resolution or
ordinance need not
be adopted.
(c) As used in this Section, "feasibility study" means a preliminary
report to assist
a
municipality to determine whether or not tax increment allocation financing is
appropriate
for effective
redevelopment of a proposed redevelopment project area.
(Source: P.A. 92-263, eff. 8-7-01; 92-624, eff.
7-11-02; 93-298, eff. 7-23-03.)
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(65 ILCS 5/11-74.4-4.2)
Sec. 11-74.4-4.2.
Interested parties registry.
On and after the effective
date of this amendatory Act of the 91st General Assembly, the municipality
shall by its corporate
authority create an "interested
parties" registry for activities related to the redevelopment project area.
The
municipality shall adopt reasonable registration rules and shall prescribe the
necessary registration forms for residents and organizations active within the
municipality that seek to be placed on the "interested parties" registry. At a
minimum, the rules for registration shall provide for a renewable period of
registration of not less than 3 years and notification to registered
organizations and individuals by mail at the address provided upon
registration prior to termination of their registration, unless the
municipality decides that it will establish a policy of not terminating
interested parties from the registry, in which case no notice will be required.
Such rules shall not
be used to prohibit or otherwise interfere with the ability of eligible
organizations and individuals to register for receipt of information to which
they are entitled under this statute, including the information required by:
(1) subsection (a) of Section 11-74.4-5;
(2) paragraph (9) of subsection (d) of Section 11-74.4-5; and
(3) subsection (e) of Section 11-74.4-6.
(Source: P.A. 91-478, eff. 11-1-99.)
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(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board. (a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i) before the
effective date of this amendatory Act of the 91st General Assembly,
has adopted an ordinance or resolution fixing a time and place for a
public hearing under this Section or (ii) before July 1, 1999, has adopted
an ordinance or resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until after that
municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4; thereafter the changes
made by this amendatory Act of the 91st General Assembly apply to the same
extent that they apply to
redevelopment plans and redevelopment projects that were approved and
redevelopment projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality by its
corporate authorities, or as it may determine by any commission
designated under subsection (k) of Section 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time and place for public hearing.
At least 10 days prior to the adoption of the ordinance or resolution
establishing the time
and place for the public hearing, the municipality shall make available for
public inspection a redevelopment plan or a separate report that provides in
reasonable detail the basis for the eligibility of
the redevelopment project area. The report along with the name of a
person to
contact for further information shall be sent within a reasonable time
after the adoption of such ordinance or resolution to the
affected taxing districts
by certified mail.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may register with the
municipality in order to receive information on the proposed designation of a
redevelopment project area or the approval of a redevelopment plan. The notice
shall state the place of registration and the operating hours of that place.
The municipality shall have adopted reasonable rules to implement this
registration process under Section 11-74.4-4.2.
The municipality shall provide notice of the availability of the
redevelopment plan and eligibility report, including how to obtain this
information, by mail within a reasonable time after the adoption of the
ordinance or resolution, to all residential addresses that, after a good faith
effort, the municipality determines are located outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area. This requirement is
subject to the limitation that in a municipality with a population of over
100,000, if the total number of residential addresses outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area exceeds 750, the
municipality shall be required to provide the notice to only the 750
residential addresses that, after a good faith effort, the municipality
determines are outside the proposed redevelopment project area and closest
to the boundaries of the proposed redevelopment project
area.
Notwithstanding the foregoing, notice given after August 7, 2001 (the
effective date of Public Act 92-263) and before the effective date of this
amendatory Act of the 92nd General Assembly to residential addresses within 750
feet of the boundaries of a proposed redevelopment project area shall be deemed
to have been sufficiently given in compliance with this Act if given only to
residents outside the boundaries of the proposed redevelopment project area.
The notice shall also be provided by the municipality, regardless of its
population, to those organizations and residents that have registered with the
municipality for that information in accordance with the registration
guidelines established by the municipality under Section 11-74.4-4.2.
At the public hearing any
interested person or affected taxing district may file with the
municipal clerk written objections to and may be heard orally in respect
to any issues embodied in the notice. The municipality shall hear all protests
and objections at the hearing and the hearing may
be adjourned to another date without further notice other than a motion
to be entered upon the minutes fixing the time and place of the
subsequent hearing.
At the public hearing or at any time prior to the
adoption by the municipality of an ordinance approving a redevelopment plan,
the municipality may make changes in the redevelopment plan. Changes which (1)
add additional parcels of property to the proposed redevelopment project area,
(2) substantially affect the general land uses proposed in the redevelopment
plan, (3) substantially change the nature of or extend the life of the
redevelopment project,
or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as
measured from the time of creation of the redevelopment project area, to a total of more than
10,
shall be made only after the
municipality gives notice,
convenes a joint review board, and conducts a public hearing pursuant to the
procedures set forth in this Section and in Section 11-74.4-6 of this Act.
Changes which do not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change the nature of
or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as
measured from the time of creation of the redevelopment project area, to a total
of more than 10,
may be made without further
hearing, provided that the municipality shall give notice of any such changes
by mail to each affected taxing district and registrant on the interested
parties registry, provided for under Section 11-74.4-4.2, and by publication in
a newspaper of
general circulation within the affected taxing district. Such notice by mail
and by publication shall each occur not later than 10 days following the
adoption by ordinance of such changes. Hearings with regard to a redevelopment
project area, project or plan may be held simultaneously.
(b) Prior to holding a public hearing to approve or amend a redevelopment
plan or to designate or add additional parcels of property to a redevelopment
project area, the municipality
shall convene a joint review board. The board shall consist of a representative
selected by each community college district, local elementary school
district and high school district or each local community unit school
district, park district, library district, township, fire protection
district, and county that will have the authority to
directly levy taxes on the property within the proposed redevelopment
project area at the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a public
member. The public member shall first be selected and then the board's
chairperson shall be selected by
a majority of the board members present and voting.
For redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would
result in the displacement of residents from 10 or more inhabited residential
units or that include 75 or more inhabited residential units, the public member
shall be a person who resides in the redevelopment project area. If, as
determined by the housing impact study provided for in paragraph (5) of
subsection (n) of Section 11-74.4-3, or if no housing impact study is required
then based on other reasonable data, the majority of residential units are
occupied by very low, low, or moderate income households, as defined in Section
3 of the Illinois Affordable Housing Act, the public member shall be a person
who resides in very low, low, or moderate income housing within the
redevelopment project area. Municipalities with fewer than 15,000 residents
shall not be required to select a person who lives in very low, low, or
moderate income housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in displacement of residents
from 10 or more inhabited units, and the municipality so certifies
in the plan. If no person satisfying these requirements is available or if no
qualified person will serve as the public member, then the joint review board
is relieved of this paragraph's selection requirements for the public
member.
Within 90 days of the effective date of this amendatory Act of the 91st
General Assembly, each municipality that designated a redevelopment project
area for which it was not required to convene a joint review board under this
Section shall convene a joint review board to perform the
duties specified under paragraph (e) of this Section.
All board members shall be appointed and the first board meeting shall be
held at least 14 days but not more than 28 days after the
mailing of notice by the
municipality to the taxing
districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that adopted either a
public hearing resolution or a feasibility resolution between July 1, 1999 and
July 1, 2000 that called for the meeting of the joint review board within 14
days of notice of public hearing to affected taxing districts is deemed to be
in compliance with the notice, meeting, and public hearing provisions of the
Act.
Such notice
shall also advise
the taxing bodies represented on the joint review board of the time and place
of the first meeting of the board. Additional meetings of the
board shall be held upon the call of any member. The municipality
seeking designation of the redevelopment project area shall provide
administrative support to the board.
The board shall review (i) the public record, planning documents and
proposed ordinances approving the redevelopment plan and
project and (ii) proposed amendments to the redevelopment plan or additions
of parcels of property to the redevelopment project area to be
adopted by the municipality. As part of its deliberations, the board may
hold additional hearings on the proposal. A
board's recommendation shall be
an advisory, non-binding recommendation. The recommendation shall be adopted
by a majority of those members present and voting. The recommendations shall
be submitted to the municipality
within 30 days after convening of the board.
Failure of the board to
submit
its report on a timely basis shall not be cause to delay the public hearing
or any other step in the process of designating or
amending the
redevelopment project area but shall be deemed to constitute approval by the
joint review board of the matters before it.
The board shall base its recommendation to approve or disapprove the
redevelopment plan and the designation of the redevelopment project area or the
amendment of the redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment project area and
redevelopment plan satisfying the
plan requirements, the eligibility criteria
defined in Section 11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof meets or
fails to meet one or more of the objectives of this Act and both the plan
requirements and the eligibility criteria defined in Section 11-74.4-3.
In the event the Board does not file a report it shall be presumed
that these taxing bodies find the redevelopment project area and
redevelopment plan satisfy the
objectives of this Act and the plan requirements and eligibility criteria.
If the board recommends rejection of the matters before it, the
municipality will have 30 days within which to resubmit the plan or amendment.
During this period, the municipality will meet and confer with the board and
attempt to resolve those issues set forth in the board's written report that
led to the rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the municipality may
commence the scheduled public hearing and either adjourn the public hearing or
continue the public hearing until a date certain. Prior to continuing any
public hearing to a date certain, the municipality shall announce during the
public hearing the time, date, and location for the reconvening of the public
hearing. Any changes to the redevelopment plan necessary to satisfy the issues
set forth in the joint review board report shall be the subject of a public
hearing before the hearing is adjourned if the changes would (1) substantially
affect the general land uses proposed in the redevelopment plan, (2)
substantially change the nature of or extend the life of the redevelopment
project, or (3) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as
measured from the
time of creation of the redevelopment project area, to a total of
more than 10. Changes to the redevelopment plan necessary
to
satisfy the issues set forth in the joint review board report shall not require
any further notice or convening of a joint review board meeting, except that
any changes to the redevelopment plan that would add additional parcels of
property to the proposed redevelopment project area shall be subject to the
notice, public hearing, and joint review board meeting requirements established
for such changes by subsection (a) of Section 11-74.4-5.
In the event that the
municipality and the board are unable to resolve these differences, or in the
event that the resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only upon a
three-fifths vote of the corporate authority responsible for approval of the
plan or amendment, excluding positions of members that are vacant and those
members that are ineligible to vote because of conflicts of interest.
(c) After a municipality has by ordinance approved a redevelopment plan
and designated a redevelopment project area, the plan may be amended and
additional properties may be added to the redevelopment project area only as
herein provided. Amendments which (1) add additional parcels of property to
the proposed redevelopment project area, (2) substantially affect the general
land uses proposed in the redevelopment plan, (3) substantially change the
nature of the redevelopment project, (4) increase the total estimated
redevelopment
project costs set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted, (5) add
additional redevelopment project costs to the itemized list of redevelopment
project costs set out in the redevelopment plan, or (6) increase the number of
inhabited residential units to be
displaced from the redevelopment
project area, as measured from the time of creation of
the
redevelopment project area, to a total of more than
10, shall be made only after
the
municipality gives notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section and in Section
11-74.4-6 of this Act. Changes which do not (1) add additional parcels of
property to the proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3) substantially
change the nature of the redevelopment project, (4) increase the total
estimated redevelopment project cost set out in the redevelopment plan by more
than 5% after adjustment for inflation from the date the plan was adopted,
(5) add additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan, or (6) increase
the number of inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of
the redevelopment project area, to a total of more than 10, may be made
without further public hearing
and related notices and procedures including the convening of a joint review
board as set forth in Section 11-74.4-6 of this Act, provided that the
municipality shall give notice of
any such changes by mail to each affected taxing district and registrant on the
interested parties registry, provided for under Section 11-74.4-4.2, and by
publication in
a newspaper of general circulation within the affected taxing district. Such
notice by mail and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
(d) After the effective date of this amendatory Act of the 91st General
Assembly, a
municipality shall submit in an electronic format the
following information for each redevelopment project area (i) to the State
Comptroller under Section 8-8-3.5 of the Illinois Municipal Code, subject to any extensions or exemptions provided at the Comptroller's discretion under that Section,
and (ii) to all taxing districts overlapping the
redevelopment project area no later than 180
days after the close of each municipal fiscal year or as soon thereafter as
the audited financial
statements become available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing districts that
overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the | ||
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(1.5) A list of the redevelopment project areas | ||
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(2) Audited financial statements of the special tax | ||
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(3) Certification of the Chief Executive Officer of | ||
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(4) An opinion of legal counsel that the municipality | ||
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(5) An analysis of the special tax allocation fund | ||
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(A) the balance in the special tax allocation | ||
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(B) all amounts deposited in the special tax | ||
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(C) an itemized list of all expenditures from the | ||
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(D) the balance in the special tax allocation | ||
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(6) A description of all property purchased by the | ||
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(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities | ||
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(A) Any project implemented in the preceding | ||
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(B) A description of the redevelopment activities | ||
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(C) A description of any agreements entered into | ||
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(D) Additional information on the use of all | ||
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(E) Information regarding contracts that the | ||
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(F) Any reports submitted to the municipality by | ||
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(G) A review of public and, to the extent | ||
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(8) With regard to any obligations issued by the | ||
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(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or | ||
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(9) For special tax allocation funds that have | ||
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(10) A list of all intergovernmental agreements in | ||
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In addition to information required to be reported under this Section, for Fiscal Year 2022 and each fiscal year thereafter, reporting municipalities shall also report to the Comptroller annually in a manner and format prescribed by the Comptroller: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Reporting municipalities shall also report to the Comptroller a copy of the redevelopment plan each time the redevelopment plan is enacted, amended, or extended in a manner and format prescribed by the Comptroller. These requirements shall only apply to redevelopment projects beginning in or after Fiscal Year 2022. (d-1) Prior to the effective date of this amendatory Act of the 91st
General Assembly, municipalities with populations of over 1,000,000 shall,
after
adoption of a redevelopment plan or project, make available upon request to any
taxing district in which the redevelopment project area is located the
following information:
(1) Any amendments to the redevelopment plan, the | ||
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(2) In connection with any redevelopment project area | ||
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(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the redevelopment
project audit for that fiscal year becomes available to review the
effectiveness and status of the redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public hearing under this
Section prior to March 14, 1994 (the effective date of Public Act 88-537), the
requirements imposed by Public Act 88-537 relating to the method of fixing the
time and place for public hearing, the materials and information required to be
made available for public inspection, and the information required to be sent
after adoption of an ordinance or resolution fixing a time and place for public
hearing shall not be applicable.
(h) On and after the effective date of this amendatory Act of the 96th General Assembly, the State Comptroller must post on the State Comptroller's official website the information submitted by a municipality pursuant to subsection (d) of this Section. The information must be posted no later than 45 days after the State Comptroller receives the information from the municipality. The State Comptroller must also post a list of the municipalities not in compliance with the reporting requirements set forth in subsection (d) of this Section. (i) No later than 10 years after the corporate authorities of a municipality adopt an ordinance to establish a redevelopment project area, the municipality must compile a status report concerning the redevelopment project area. The status report must detail without limitation the following: (i) the amount of revenue generated within the redevelopment project area, (ii) any expenditures made by the municipality for the redevelopment project area including without limitation expenditures from the special tax allocation fund, (iii) the status of planned activities, goals, and objectives set forth in the redevelopment plan including details on new or planned construction within the redevelopment project area, (iv) the amount of private and public investment within the redevelopment project area, and (v) any other relevant evaluation or performance data. Within 30 days after the municipality compiles the status report, the municipality must hold at least one public hearing concerning the report. The municipality must provide 20 days' public notice of the hearing. (j) Beginning in fiscal year 2011 and in each fiscal year thereafter, a municipality must detail in its annual budget (i) the revenues generated from redevelopment project areas by source and (ii) the expenditures made by the municipality for redevelopment project areas. (Source: P.A. 102-127, eff. 7-23-21.)
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(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of the public hearing
shall be given by publication and mailing; provided, however, that no notice by mailing shall be required under this subsection (a) with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3. Notice by publication
shall be given by publication at least twice, the first publication to be
not more than 30 nor less than 10 days prior to the hearing in a newspaper
of general circulation within the taxing districts having property in the
proposed redevelopment project area. Notice by mailing shall be given by
depositing such notice in the United States mails by certified mail
addressed to the person or persons in whose name the general taxes for the
last preceding year were paid on each lot, block, tract, or parcel of land
lying within the project redevelopment area. Said notice shall be mailed
not less than 10 days prior to the date set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice shall
also be sent to the persons last listed on the tax rolls within the
preceding 3 years as the owners of such property.
For redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would require removal of 10 or more inhabited
residential
units or that contain 75 or more inhabited residential units, the municipality
shall make a good faith effort to notify by mail all
residents of
the redevelopment project area. At a minimum, the municipality shall mail a
notice
to each residential address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices are effectively
communicated and shall include (in addition to notice in English) notice in
the predominant language
other than English when appropriate.
(b) The notices issued pursuant to this Section shall include the following:
(1) The time and place of public hearing.
(2) The boundaries of the proposed redevelopment | ||
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(3) A notification that all interested persons will | ||
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(4) A description of the redevelopment plan or | ||
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(5) Such other matters as the municipality may deem | ||
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(c) Not less than 45 days prior to the date set for hearing, the
municipality shall give notice by mail as provided in subsection (a) to all
taxing districts of which taxable property is included in the redevelopment
project area, project or plan and to the Department of Commerce and
Economic Opportunity, and in addition to the other requirements under
subsection (b) the notice shall include an invitation to the Department of
Commerce and Economic Opportunity and each taxing district to submit comments
to the municipality concerning the subject matter of the hearing prior to
the date of hearing.
(d) In the event that any municipality has by ordinance adopted tax
increment financing prior to 1987, and has complied with the notice
requirements of this Section, except that the notice has not included the
requirements of subsection (b), paragraphs (2), (3) and (4), and within 90
days of December 16, 1991 (the effective date of Public Act 87-813), that
municipality passes an ordinance which contains findings that: (1) all taxing
districts prior to the time of the hearing required by Section 11-74.4-5
were furnished with copies of a map incorporated into the redevelopment
plan and project substantially showing the legal boundaries of the
redevelopment project area; (2) the redevelopment plan and project, or a
draft thereof, contained a map substantially showing the legal boundaries
of the redevelopment project area and was available to the public at the
time of the hearing; and (3) since the adoption of any form of tax
increment financing authorized by this Act, and prior to June 1, 1991, no
objection or challenge has been made in writing to the municipality in
respect to the notices required by this Section, then the municipality
shall be deemed to have met the notice requirements of this Act and all
actions of the municipality taken in connection with such notices as were
given are hereby validated and hereby declared to be legally sufficient for
all purposes of this Act.
(e) If a municipality desires to propose a redevelopment
plan
for a redevelopment project area that
would result in the displacement of residents from
10 or more inhabited residential units or for a redevelopment project area that
contains 75 or more inhabited residential units, the
municipality
shall hold a public meeting before the mailing of the notices of public hearing
as
provided in subsection (c) of this Section. However, such a meeting shall be required for any redevelopment plan for a redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 if the applicable project is subject to the process for evaluation of environmental effects under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The meeting shall be for the
purpose of
enabling the municipality to advise the public, taxing districts having real
property in
the redevelopment project area, taxpayers who own property in the proposed
redevelopment project area, and residents in the area as to the
municipality's possible intent to prepare a redevelopment plan and
designate a
redevelopment project area and to receive public comment.
The time and place for the meeting shall be set by the head of the
municipality's
Department of Planning or other department official designated by the mayor or
city
or village manager without the necessity of a resolution or ordinance of the
municipality and may be held by a member of the staff of the Department of
Planning of the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be held at
least 14 business
days before the mailing of the notice of public hearing provided for in
subsection (c)
of this Section.
Notice of the public meeting shall be given by mail. Notice by mail shall be
not less than 15 days before the date of the meeting and shall be sent by
certified
mail to all taxing districts having real property in the proposed redevelopment
project area and to all entities requesting that information that have
registered with a person and department designated by the municipality in
accordance with registration guidelines established by the
municipality pursuant to Section 11-74.4-4.2. The
municipality shall make a good faith effort to notify all residents and the
last known persons who paid
property taxes on real estate in a redevelopment project area. This
requirement
shall be deemed to be satisfied if the municipality mails, by regular mail, a
notice to
each residential address and the person or persons in whose name property taxes
were paid on real property for the last preceding year located within the
redevelopment project area. Notice shall be in languages other than English
when
appropriate. The notices issued under this subsection shall include the
following:
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for | ||
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(3) The purpose or purposes of establishing a | ||
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(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the | ||
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(6) Notification that all interested persons will be | ||
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(7) Such other matters as the municipality deems | ||
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At the public meeting, any interested person or representative of an affected
taxing district
may be heard orally and may file, with the person conducting the
meeting, statements that pertain to the subject matter of the meeting.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)
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(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax allocation fund
set forth in Section 11-74.4-8 for the redevelopment project area may be
issued to provide for redevelopment project costs. Such obligations, when
so issued, shall be retired in the manner provided in the ordinance
authorizing the issuance of such obligations by the receipts of taxes
levied as specified in Section 11-74.4-9 against the taxable property
included in the area, by revenues as specified by Section 11-74.4-8a and
other revenue designated by the municipality. A municipality may in the
ordinance pledge all or any part of the funds in and to be deposited in the
special tax allocation fund created pursuant to Section 11-74.4-8 to the
payment of the redevelopment project costs and obligations. Any pledge of
funds in the special tax allocation fund shall provide for distribution to
the taxing districts and to the Illinois Department of Revenue of moneys
not required, pledged, earmarked, or otherwise designated for payment and
securing of the obligations and anticipated redevelopment project costs and
such excess funds shall be calculated annually and deemed to be "surplus"
funds. In the event a municipality only applies or pledges a portion of the
funds in the special tax allocation fund for the payment or securing of
anticipated redevelopment project costs or of obligations, any such funds
remaining in the special tax allocation fund after complying with the
requirements of the application or pledge, shall also be calculated annually
and deemed "surplus" funds. All surplus funds in the special tax allocation
fund shall be distributed annually within 180 days after the close of the
municipality's fiscal year by being paid by the
municipal treasurer to the County Collector, to the Department of Revenue
and to the municipality in direct proportion to the tax incremental revenue
received as a result of an increase in the equalized assessed value of
property in the redevelopment project area, tax incremental revenue
received from the State and tax incremental revenue received from the
municipality, but not to exceed as to each such source the total
incremental revenue received from that source. The County Collector shall
thereafter make distribution to the respective taxing districts in the same
manner and proportion as the most recent distribution by the county
collector to the affected districts of real property taxes from real
property in the redevelopment project area.
Without limiting the foregoing in this Section, the municipality may in
addition to obligations secured by the special tax allocation fund pledge
for a period not greater than the term of the obligations towards payment
of such obligations any part or any combination of the following: (a) net
revenues of all or part of any redevelopment project; (b) taxes levied and
collected on any or all property in the municipality; (c) the full faith
and credit of the municipality; (d) a mortgage on part or all of the
redevelopment project; (d-5) repayment of bonds issued pursuant to subsection (p-130) of Section 19-1 of the School Code; or (e) any other taxes or anticipated receipts that
the municipality may lawfully pledge.
Such obligations may be issued in one or more series bearing interest at
such rate or rates as the corporate authorities of the municipality shall
determine by ordinance. Such obligations shall bear such date or dates,
mature at such time or times not exceeding 20 years from their respective
dates, be in such denomination, carry such registration privileges, be executed
in such manner, be payable in such medium of payment at such place or places,
contain such covenants, terms and conditions, and be subject to redemption
as such ordinance shall provide. Obligations issued pursuant to this Act
may be sold at public or private sale at such price as shall be determined
by the corporate authorities of the municipalities. No referendum approval
of the electors shall be required as a condition to the issuance of obligations
pursuant to this Division except as provided in this Section.
In the event the municipality authorizes issuance of obligations pursuant
to the authority of this Division secured by the full faith and credit of
the municipality, which obligations are other than obligations which may
be issued under home rule powers provided by Article VII, Section 6 of the
Illinois Constitution, or pledges taxes pursuant to (b) or (c) of the second
paragraph of this section, the ordinance authorizing the issuance of such
obligations or pledging such taxes shall be published within 10 days after
such ordinance has been passed in one or more newspapers, with general
circulation within such municipality. The publication of the ordinance
shall be accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of the issuance of such
obligations or pledging taxes to be submitted to the electors; (2) the time
in which such petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition form to any
individual requesting one.
If no petition is filed with the municipal clerk, as hereinafter provided
in this Section, within 30 days after the publication of the ordinance,
the ordinance shall be in effect. But, if within that 30 day period a petition
is filed with the municipal clerk, signed by electors in the
municipality numbering 10% or more of the number of registered voters in the
municipality, asking that the question of issuing
obligations using full faith and credit of the municipality as security
for the cost of paying for redevelopment project costs, or of pledging taxes
for the payment of such obligations, or both, be submitted to the electors
of the municipality, the corporate authorities of the municipality shall
call a special election in the manner provided by law to vote upon that
question, or, if a general, State or municipal election is to be held within
a period of not less than 30 or more than 90 days from the date such petition
is filed, shall submit the question at the next general, State or municipal
election. If it appears upon the canvass of the election by the corporate
authorities that a majority of electors voting upon the question voted in
favor thereof, the ordinance shall be in effect, but if a majority of the
electors voting upon the question are not in favor thereof, the ordinance
shall not take effect.
The ordinance authorizing the obligations may provide that the obligations
shall contain a recital that they are issued pursuant to this Division,
which recital shall be conclusive evidence of their validity and of the
regularity of their issuance.
In the event the municipality authorizes issuance of obligations pursuant
to this Section secured by the full faith and credit of the municipality,
the ordinance authorizing the obligations may provide for the levy and
collection of a direct annual tax upon all taxable property within the
municipality sufficient to pay the principal thereof and interest thereon
as it matures, which levy may be in addition to and exclusive of the
maximum of all other taxes authorized to be levied by the municipality,
which levy, however, shall be abated to the extent that monies from other
sources are available for payment of the obligations and the municipality
certifies the amount of said monies available to the county clerk.
A certified copy of such ordinance shall be filed with the county clerk
of each county in which any portion of the municipality is situated, and
shall constitute the authority for the extension and collection of the taxes
to be deposited in the special tax allocation fund.
A municipality may also issue its obligations to refund in whole or in
part, obligations theretofore issued by such municipality under the authority
of this Act, whether at or prior to maturity, provided however, that the
last maturity of the refunding obligations may not be later than the dates set forth under Section 11-74.4-3.5.
In the event a municipality issues obligations under home rule powers or
other legislative authority the proceeds of which are pledged to pay
for redevelopment project costs, the municipality may, if it has followed
the procedures in conformance with this division, retire said obligations
from funds in the special tax allocation fund in amounts and in such manner
as if such obligations had been issued pursuant to the provisions of this
division.
All obligations heretofore or hereafter issued pursuant to this Act shall
not be regarded as indebtedness of the municipality issuing such obligations
or any other taxing district for the purpose of any limitation imposed by law.
(Source: P.A. 100-531, eff. 9-22-17.) |
(65 ILCS 5/11-74.4-7.1)
Sec. 11-74.4-7.1.
After the effective date of this amendatory Act of 1994
and prior to the effective date of this amendatory Act of the 91st General
Assembly,
a municipality with a population of less than 1,000,000, prior to construction
of a new municipal public building that
provides governmental services to be financed with tax increment revenues as
authorized in paragraph (4) of subsection (q) of Section 11-74.4-3, shall agree
with the affected taxing districts to pay them, to the extent tax increment
finance revenues are
available, over the life of the
redevelopment project area, an amount equal to 25% of the cost of the building,
such payments to be paid to the taxing districts in the same proportion as the
most recent distribution by the county collector to the affected taxing
districts of real property taxes from taxable real property in the
redevelopment project area.
This Section does not
apply to a municipality that, before March 14, 1994 (the effective date of
Public Act 88-537), acquired or leased the land (i) upon which a new
municipal public building is to be constructed and (ii) for which an existing
redevelopment plan or a redevelopment agreement includes provisions for the
construction
of a new municipal public
building.
(Source: P.A. 91-478, eff. 11-1-99.)
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(65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
Sec. 11-74.4-8. Tax increment allocation financing. A municipality may
not adopt tax increment financing in a
redevelopment
project area after July 30, 1997 (the effective date of Public Act 90-258) that will
encompass an area that is currently included in an enterprise zone created
under the Illinois Enterprise Zone Act unless that municipality, pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, amends the enterprise zone
designating ordinance to limit the eligibility for tax abatements as provided
in Section 5.4.1 of the Illinois Enterprise Zone Act.
A municipality, at the time a redevelopment project area
is designated, may adopt tax increment allocation financing by passing an
ordinance providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property in such redevelopment project
area by taxing districts and tax rates determined in the manner provided
in paragraph (c) of Section 11-74.4-9 each year after the effective
date of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this Division
have been paid shall be divided as follows, provided, however, that with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 in a municipality with a population of 1,000,000 or more, ad valorem taxes, if any, arising from the levies upon taxable real property in such redevelopment project area shall be allocated as specifically provided in this Section:
(a) That portion of taxes levied upon each taxable | ||
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(b) Except from a tax levied by a township to retire | ||
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(1) The total equalized assessed value of the | ||
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(2) Not more than 50% of the total equalized | ||
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(3) The municipal clerk has certified to the | ||
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(4) The municipality has not requested that the | ||
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The conditions of paragraphs (1) through (4) do not | ||
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It is the intent of this Division that after July 29, | ||
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If a municipality has adopted tax increment | ||
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(1) That portion of the taxes levied upon each | ||
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(2) That portion, if any, of such taxes which is | ||
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The municipality may pledge in the ordinance the | ||
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Whenever a municipality issues bonds for the purpose | ||
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When such redevelopment projects costs, including, | ||
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Upon the payment of all redevelopment project costs, | ||
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If a municipality with a population of 1,000,000 or | ||
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(1) That portion of the taxes levied upon each | ||
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(2) That portion, if any, of such taxes which is | ||
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(A) First, that portion which would be | ||
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(B) 80% of the remaining portion shall be | ||
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(C) 20% of the remaining portion shall be | ||
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Nothing in this Section shall be construed as relieving property in such
redevelopment project areas from being assessed as provided in the Property
Tax Code or as relieving owners of such property from paying a uniform rate of
taxes, as required by Section 4 of Article IX of the Illinois Constitution.
(Source: P.A. 102-558, eff. 8-20-21.)
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