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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 11 Div. 74.5
(65 ILCS 5/Art. 11 Div. 74.5 heading)
DIVISION 74.5.
MUNICIPAL HOUSING FINANCE LAW
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65 ILCS 5/11-74.5-1
(65 ILCS 5/11-74.5-1) (from Ch. 24, par. 11-74.5-1)
Sec. 11-74.5-1.
This Division 74.5 may be referred to as the Municipal
Housing
Finance Law.
(Source: P.A. 91-357, eff. 7-29-99.)
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65 ILCS 5/11-74.5-2
(65 ILCS 5/11-74.5-2) (from Ch. 24, par. 11-74.5-2)
Sec. 11-74.5-2.
Whenever used in this Division:
(a) "Appraised value" means the fair market value of a home determined
in accordance with generally accepted procedures and standards applicable
to the appraisal of real property.
(b) "Bonds" means any revenue bonds authorized under this Division and
payable as provided hereunder.
(c) "Corporate authorities" means the corporate authorities as defined
in this Illinois Municipal Code.
(d) "Home" means real property and improvements thereon located within
the municipality consisting of not more than 4 dwelling units, including
but not limited to, condominium units owned by one mortgagor who occupies
or intends to occupy one of such units.
(e) "Home mortgage loan" means an interest bearing loan to a mortgagor
evidenced by a promissory note and secured by a mortgage on a home,
purchased or originated in accordance with this Division made for the purpose
of acquiring a home having an appraised value or a purchase price, whichever
is less, of not less than the minimum home value and less than the maximum home
value.
(f) "Lender" means any lending institution participating in a residential
housing finance plan as the originator of home mortgage loans or as a servicing
agent for home mortgage loans.
(g) "Lending institution" means any bank, bank holding company, credit
union, trust company, savings bank, national banking association, savings
and loan association, building and loan association, mortgage banker or
other financial institution which customarily provides service or otherwise
aids in the financing of home mortgages, or any holding company for any
of the foregoing.
(h) "Maximum home value" means the amount determined by the corporate authorities.
(i) "Minimum home value" means the amount determined by the corporate authorities.
(j) "Mortgagor" means a person of low or moderate income and who has received
or qualifies to receive a home mortgage loan on a home.
(k) "Municipality" means a municipality as defined in this Illinois Municipal Code.
(l) "Ordinance" means an ordinance adopted and approved by the corporate
authorities of a municipality.
(m) "Purchase price" means the actual consideration paid to the seller of a home.
(n) "Person" means a natural person or persons or a trust, provided that
such trust is for the benefit of a natural
person or members of such person's immediate family.
(o) "Participation commitment" means any undertaking or agreement by a
lending institution to participate in the implementation of a residential
housing finance plan.
(p) "Persons of low or moderate income" means a person or family (consisting
of one or more persons all of whom occupy or will occupy the home) whose
aggregate gross income including the gross income of any co-signer or guarantor
of the promissory note made in connection with the making of a home mortgage
loan does not exceed a maximum amount to be established by the corporate
authorities and determined in accordance with appropriate criteria, rules
and regulations, approved by the corporate authorities in connection with
the implementation of a residential housing finance plan.
(q) "Residential housing finance plan" means a program implemented under
this Division by a municipality to assist persons of low or moderate income
in acquiring safe, decent and sanitary housing which they can afford.
(r) "Trustee" means any State or national bank or trust company, having
trust powers, located within or outside the State of Illinois, which may
be appointed to act in any capacity with respect to a residential housing
finance plan and the issuance of bonds to finance such plan whether designated
as a trustee, custodian or administrator.
(Source: P.A. 90-706, eff. 8-7-98.)
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65 ILCS 5/11-74.5-3
(65 ILCS 5/11-74.5-3) (from Ch. 24, par. 11-74.5-3)
Sec. 11-74.5-3.
In addition to powers which a municipality may now have,
municipalities have the following powers:
(a) To acquire, and to contract and enter into advance commitments to
acquire, directly or indirectly, home mortgages owned or originated by
lending institutions at such
prices and upon such other terms and conditions as shall be determined by
such municipality or trustee as it may designate as its agent;
(b) To make and execute contracts with lending institutions for the
origination
and servicing of home mortgage loans on behalf of a municipality and to
pay the reasonable value of services rendered in accordance with such contracts;
(c) To make loans to lenders to enable such lenders to make home mortgage
loans in accordance with this Division;
(d) To establish, by rules or regulations, by ordinances relating to
any issuance of bonds or in any financing documents relating to such issuance,
such standards and requirements applicable to the purchase of home mortgage
loans or the origination of home mortgage loans or loans to lenders as such
municipality deems necessary or desirable to effectuate the public purposes
of this Act, including but not limited to: (i) the time within which lending
institutions must make participation commitments and make disbursements
for home mortgage loans; (ii) the terms and conditions of home mortgage
loans to be acquired or originated; (iii) the standards and criteria to
be applied by the municipality in defining persons of low or moderate income; (iv)
the amounts and types of insurance coverage required on homes, home mortgage
loans and bonds; (v) the representations and warranties to be required
of persons and lending institutions as evidence of compliance with such
standards and requirements; (vi) restrictions as to interest rate and other
terms of home mortgage loans or the return realized therefrom by lending
institutions; (vii) the type and amount of collateral security to be provided
to assure repayment of any loans to lenders by such municipalities and to
assure repayment of bonds; and (viii) any other matters related to the
purchase or origination of home mortgage loans or the making of loans
to lenders as shall be deemed relevant or necessary by the corporate authorities
of such municipality.
(e) To require from each lending institution from which home mortgage
loans are to be purchased or which will originate home mortgage loans on
behalf of the municipality or from lenders to which loans are made, the
submission, at the time of making participation commitments, of evidence
satisfactory to such municipality of the ability and intention of such lending
institution to make home mortgage loans, and the submission, within the
time specified by such municipality for making disbursements for home mortgage
loans, of evidence satisfactory to such municipality of the making of home
mortgage loans and of compliance with any standards and requirements established
by such municipality.
(f) To require that a lending institution or lender furnish, prior to
or concurrently with the delivery of any participation commitment by a lending
institution, a commitment fee in the form of a cash deposit, letter of credit,
promissory note, surety bond or other instrument approved by the corporate
authorities executed by or on behalf of such lending institution, in an
amount to be determined by the corporate authorities.
(g) To issue its bonds to defray, in whole or in part (i) the cost
of acquiring or originating home mortgage loans or making loans to lenders
in order to enable them to make home mortgage loans; (ii) if deemed necessary
or advisable, the costs of paying interest on bonds during a reasonable
period necessary to acquire or originate the home mortgage loans or to make
the loans to lender, (iii) the costs of studies and surveys, insurance
premiums, underwriting fees, legal, accounting and marketing services incurred
in connection with the issuance and sale of such bonds, including amounts
required to establish reasonably necessary bond and interest reserve accounts,
and trustee, custodian and rating agency fees; (iv) the costs of reasonable
reserves; and (v) such other costs
as are reasonably related to the foregoing.
(h) To authorize the sale or other disposition of any home mortgage
loan, in whole or in part, upon such terms, at such prices and times, and
from time to time, as may be necessary to assure that the revenues and receipts
to be derived with respect to the home mortgage loans, together with any
insurance proceeds, funds held in reserve accounts and earnings thereon,
shall produce and provide revenues and receipts at least sufficient to provide
for the prompt payment of the principal of, redemption premiums, if any,
and interest at maturity of all bonds issued pursuant to this Division or to
otherwise authorize the sale or other disposition of any home mortgage loan
after the bonds have been paid or deemed to be paid.
(i) To pledge any revenues and receipts to be received from any home
mortgage loans to the punctual payment of bonds authorized under this Division,
and the interest and redemption premiums, if any, thereon.
(j) To mortgage, pledge or grant security interests in any home mortgage
loans, notes or other property in favor of the holder or holders of bonds
issued therefor.
(k) to issue its bonds in such amount as may be necessary (and not limited
by the amount of bonds refunded) for the purpose of refunding, in whole
or in part at any time, bonds theretofore issued by such municipality under
authority of this Division, the proceeds of which refunding bonds may be
used, at the discretion of the corporate authorities, for paying bonds at
maturity, calling bonds for payment and paying bonds prior to maturity,
or for deposit into an escrow or trust fund in advance of maturity of bonds to
be held
for payment thereof at maturity or earlier.
(l) To appoint or designate a trustee or trustees for the benefit of
the bondholders and to delegate and assign thereto, insofar as it may lawfully
do so, its rights, duties
and responsibilities with respect to carrying out and enforcing the terms
and provisions of its residential housing finance plan.
(m) To provide for and authorize the use and disposition of any funds
remaining in the possession of the municipality (or trustees)
following payment
and retirement of, or following the making of provision for the payment
of, the bonds of a designated series issued pursuant to this Division.
(n) To make and execute contracts and other instruments necessary or
convenient to the exercise of any of the powers granted herein.
(Source: P.A. 90-706, eff. 8-7-98.)
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65 ILCS 5/11-74.5-4
(65 ILCS 5/11-74.5-4) (from Ch. 24, par. 11-74.5-4)
Sec. 11-74.5-4.
(Repealed).
(Source: P.A. 82-783. Repealed by P.A. 90-706, eff. 8-7-98.)
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65 ILCS 5/11-74.5-5
(65 ILCS 5/11-74.5-5) (from Ch. 24, par. 11-74.5-5)
Sec. 11-74.5-5.
The exercise of any or all powers granted by this Division
shall be authorized and the bonds shall be authorized to be issued under
this Division for the purposes set forth in this Act, by an ordinance adopted
by the corporate authorities of a municipality which shall take effect
immediately
upon adoption.
Any such ordinance shall set forth a finding and declaration (i) of the
public purpose therefor and (ii) that such ordinance is adopted pursuant
to this Division, which finding and declaration shall be conclusive evidence
of the existence and sufficiency of the public purpose and of the
power to carry out and give effect to such public purposes.
The bonds shall bear interest at such rate or rates (subject only to the
limitations set forth in paragraph (a) of Section 11-74.5-4 and without
regard to any other law pertaining to interest rate limitations),
may be payable at such time or times, may be in one or more series, may
bear such
date or dates, may mature at such time or times not exceeding 40 years from
their respective dates, may be payable in such medium of payment at such
place or places, may carry such registration privileges, may be subject
to such terms of redemption at such premiums, may be executed in such manner,
may contain such terms, covenants and conditions and may be in such form,
either coupon or registered, as the corporate authorities shall provide.
The bonds may be sold at public or private sale at such price, in such manner
and upon such terms as the corporate authorities may determine. Pending
the preparation of definitive bonds and in anticipation thereof, interim
notes, in such form and with such provisions as may be authorized by the
corporate authorities, may be issued to the purchaser or purchasers of bonds
sold pursuant to this Division. The bonds and interim notes shall be deemed
to be securities and negotiable instruments within the meaning and for all
purposes of the Uniform Commercial Code.
(Source: P.A. 90-706, eff. 8-7-98.)
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65 ILCS 5/11-74.5-6
(65 ILCS 5/11-74.5-6) (from Ch. 24, par. 11-74.5-6)
Sec. 11-74.5-6.
Any ordinance authorizing the issuance of the bonds under
this Division may contain covenants regarding (a) the use and disposition
of the revenues and receipts from any home mortgage loans for which the
bonds are to be issued, including the creation and maintenance of such reasonable
and adequate
reserves as the corporate authorities may determine; (b) the insurance to
be carried on any home mortgage loan or bonds and the use and disposition
of the proceeds of such insurance; (c) the appointment of one or more trustees
for the benefit of the bondholders, paying agents or bond registrars; (d)
the investment of any funds held by such trustees or lender; (e) the maximum
interest rate payable on any home mortgage loan (subject to the provisions
of paragraph (a) of Section 11-74.5-4); and (f) the terms and conditions
upon which the holders of the bonds or any portion thereof, or any trustees
therefor, are entitled to the appointment of a receiver by a court of competent
jurisdiction, and such terms and conditions may provide that the receiver
may take possession of the home mortgage loans or any part thereof and maintain,
sell or otherwise dispose of such home mortgage loans, prescribe other payments
and collect, receive and apply all income and revenues thereafter derived
therefrom. An ordinance authorizing the issuance of bonds under this Division
may provide that payment of the principal of, redemption premium, if any,
and interest on any bonds issued under this Division shall be secured by
a mortgage, pledge, security interest, insurance agreement or indenture
of trust of or with respect to such home mortgage loans and a lien upon
the revenues and receipts derived therefrom or from any notes or other obligations of
lending institutions, with respect to which the bonds are issued. Such
mortgage, pledge, security interest, insurance agreement or indenture of
trust may contain such covenants and agreements as may be necessary or
appropriate to safeguard the interests of the holders of the bonds and shall
be executed in the manner authorized by the ordinance authorizing the bonds.
The provisions of this Division and any such ordinance and any such mortgage,
pledge, security interest, insurance agreement or indenture of trust shall
constitute a contract with the holder or holders of the bonds and continue
in effect until the principal of, the interest on, and the redemption premiums,
if any, on the bonds have been fully paid or provision made for the payment
thereof, and the duties of the municipality and its corporate authorities
and officers under this Division and any such ordinance and any such mortgage,
pledge, security interest, insurance agreement or indenture of trust shall
be enforceable as provided therein by any bondholder by mandamus, foreclosure
of any such mortgage, pledge, security interest or indenture of trust or
other appropriate suit, action or proceeding in any court of competent jurisdiction;
provided the ordinance or any mortgage, pledge, security interest, insurance
agreement or indenture of trust under which the bonds are issued may provide
that all such remedies and rights to enforcement may be vested in a trustee
(with full power of appointment) for the benefit of all the bondholders,
which trustee shall be subject to the control of such number of holders
or owners of any outstanding bonds as provided therein.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-7
(65 ILCS 5/11-74.5-7) (from Ch. 24, par. 11-74.5-7)
Sec. 11-74.5-7.
The bonds shall bear the manual or facsimile signatures
of such officers of a municipality as may be designated in the ordinance
authorizing such bonds and such signatures shall constitute the valid and
binding signatures of such officers, notwithstanding that before the delivery
thereof and payment therefor any or all of the persons whose signatures
appear thereon have ceased to be officers of such municipality. The validity
of the bonds shall not be dependent on nor affected by the validity or regularity
of any proceedings relating to the home mortgage loans acquired or made
from proceeds of the bonds. A recital in the bonds that they are issued
pursuant to this Division shall be conclusive evidence of their validity
and of the regularity of their issuance.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-8
(65 ILCS 5/11-74.5-8) (from Ch. 24, par. 11-74.5-8)
Sec. 11-74.5-8.
Any pledge made to secure bonds shall be valid and binding
from the time when the pledge is made. The revenues and receipts or property
or interests in property pledged and thereafter received by a municipality
or trustee shall immediately be subject to the lien of such pledge without
any physical delivery thereof or further act, and the lien of any such pledge
shall be valid and binding as against all parties having claims of any kind
in tort, contract or otherwise against such municipality or trustee irrespective
of whether the parties have notice thereof. Neither the ordinance, nor
any other instrument
by which a pledge is created, need be recorded.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-9
(65 ILCS 5/11-74.5-9) (from Ch. 24, par. 11-74.5-9)
Sec. 11-74.5-9.
All bonds issued under this Division shall be limited obligations
of the municipality issuing the same, payable solely from the (i) bond proceeds,
(ii) revenues and receipts derived from the home mortgage loans or from
any notes or other obligations of persons
with respect to which such bonds are issued and secured by a mortgage, pledge,
security interest, insurance agreement or indenture of trust of or with
respect to such home mortgage loans, (iii) certain insurance proceeds which
may relate to the bonds or the home mortgage loans, (iv) participation
fees, or (v) certain reserve funds. No municipality shall have any right
or authority to levy taxes to pay any of the principal of, redemption premium,
if any, or interest on any bonds issued pursuant to this Division or any
judgment against a municipality on account thereof. No holder of any bonds
issued under this Division shall have the right to compel any exercise of
the taxing power of a municipality to pay the bonds, the interest or redemption
premium, if any, thereon, and the bonds shall not constitute an indebtedness
of such municipality, or a loan of the faith and credit thereof, within
the meaning of any constitutional or statutory provision, nor shall the
bonds be construed to create
any moral obligation on the part of such municipality to provide for the
payment of such bonds. It shall be plainly stated on the face of each bond
that it has been issued under the provisions of this Division and that it
does not constitute an indebtedness of the municipality, or a loan of the
faith and credit thereof, within the meaning of any constitutional or statutory
provision. Bonds may be issued pursuant to this Division without regard
to (1) any statutory limitation as to bonded indebtedness and shall not
be included in computing total bonded indebtedness within the meaning of
any statutory limitation, (ii) any requirement of competitive bidding or procedure
for award of contracts applicable by any statute, (iii) any requirement of
publication of ordinance or other documents, or (iv) any requirement of
referendum or petition.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-10
(65 ILCS 5/11-74.5-10) (from Ch. 24, par. 11-74.5-10)
Sec. 11-74.5-10.
Neither the members of the corporate authorities of a
municipality, nor any official or employee thereof, nor any person executing
bonds issued under this Division shall be liable personally for payment
of the bonds or the interest or redemption premium, if any, thereon or be
subject to any personal liability or accountability by reason of the issuance
thereof.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-11
(65 ILCS 5/11-74.5-11) (from Ch. 24, par. 11-74.5-11)
Sec. 11-74.5-11.
One or more municipalities (whether or
not any of them are home rule units) may join together or cooperate with
one another in the exercise, either jointly or otherwise, of any one or
more of the powers conferred upon municipalities under this Division or
other enabling acts or powers. Such joint or cooperative action shall be
taken only in accordance with and pursuant to a written agreement
entered into between or among such cooperating parties.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-12
(65 ILCS 5/11-74.5-12) (from Ch. 24, par. 11-74.5-12)
Sec. 11-74.5-12.
Notwithstanding any other provision of law, bonds issued
pursuant to this Division shall be legal investments for all trust funds,
insurance companies, savings and loan associations, investment companies
and banks, both savings and commercial, and shall be legal investments for
executors, administrators, trustees and all other fiduciaries. Such bonds
shall be legal investments for state school funds and for any funds which
may be invested in county, municipal or school district bonds, and such
bonds shall be deemed to be securities which may properly and legally be
deposited with, and received by, any state or municipal officer or by any
agency or political subdivision of the State for any purpose for which the
deposit of bonds or obligations of the State is now, or may hereafter, be
authorized by law, including deposits to secure public funds.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-13
(65 ILCS 5/11-74.5-13) (from Ch. 24, par. 11-74.5-13)
Sec. 11-74.5-13.
Notwithstanding the provisions of any other Act, a member
of the corporate authorities, or an officer or employee of the municipality,
may be an officer, employee or stockholder of a lending institution or lender
participating in a residential housing finance plan of the corporate authorities
provided such member (if a member of such corporate authorities) declares
such position or interest at a regular meeting of the corporate authorities prior to
passage of an ordinance establishing the plan and abstains from voting on
such ordinance.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-14
(65 ILCS 5/11-74.5-14) (from Ch. 24, par. 11-74.5-14)
Sec. 11-74.5-14.
The powers conferred by this Division are in addition
and supplemental to, and the limitations imposed by this Division shall
not affect, the powers conferred upon municipalities by any other law.
This Division is not a limitation upon the powers of home rule units. Home
mortgage loans may be acquired, purchased and financed, and bonds may be
issued under this Division for such purposes, notwithstanding that any other
law or power may provide for the acquisition, purchase and financing of
like home mortgage loans, or the issuance of bonds for like purposes, and
without regard to the requirements, restrictions, limitations or other provisions
contained in any law, including
any law relating to any requirement of competitive bidding or restriction
imposed on the sale or disposition of property or award of contracts. Nothing
in this Division shall be deemed or construed to prohibit the exercise of
the powers conferred upon municipalities in connection with the financing
of federally assisted housing for persons of low and moderate income.
(Source: P.A. 81-580.)
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65 ILCS 5/11-74.5-15
(65 ILCS 5/11-74.5-15) (from Ch. 24, par. 11-74.5-15)
Sec. 11-74.5-15.
This Act is necessary for the health, welfare and safety
of the State, its municipalities and its inhabitants; therefore, it shall
be liberally construed to effect its purposes.
(Source: P.A. 81-580.)
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65 ILCS 5/Art. 11 Div. 74.6
(65 ILCS 5/Art. 11 Div. 74.6 heading)
DIVISION 74.6.
INDUSTRIAL JOBS RECOVERY LAW
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65 ILCS 5/11-74.6-1
(65 ILCS 5/11-74.6-1)
Sec. 11-74.6-1.
Short Title.
This Division 74.6 may be cited as the
Industrial Jobs Recovery Law.
(Source: P.A. 88-537.)
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65 ILCS 5/11-74.6-5
(65 ILCS 5/11-74.6-5)
Sec. 11-74.6-5.
Findings and Declarations.
(a) It is hereby found and declared that the communities of the State
have lost over 300,000 manufacturing jobs over the last decade and that
these losses have resulted in persistent high levels of unemployment and
underemployment, substantial tax base losses in many areas of the State,
and have left a large inventory of vacant industrial space. As a result of
this decline in manufacturing, employment, and income there is an excessive
and disproportionate expenditure of public funds, inadequate public and
private investment, unmarketability of property, growth in crime, and
housing and zoning law violations in these areas together with an abnormal
exodus of occupants. The decline of these areas impairs the value of
private investments and threatens the sound growth and tax base of taxing
districts in these areas, and threatens the health, safety, morals and
welfare of the public. These areas also include underutilized plants and
facilities that, if redeveloped for industrial use, will promote industrial
and transportation activities, thereby reducing the evils attendant to
involuntary unemployment and enhancing the public health and welfare of this State.
(b) It is further found and declared that there exist in many
municipalities within the State numerous properties, both improved and
unimproved, that cannot be reused or sold for reuse because of environmental
contamination that causes them to be vacant for long
periods of time, less marketable or unmarketable unless cleaned
up, and dilapidated and detrimental to the surrounding community.
Many of these properties are in strategic locations within the
municipalities and cause disinvestment within the community and a loss of
tax base and employment opportunities.
(c) It is hereby found and declared, that in order to promote and
protect the health, safety, morals, and welfare of the public,
redevelopment of these areas must be undertaken. To reverse these
adverse economic conditions, it is necessary to encourage private investment
and restore and enhance the tax base of the taxing districts in these areas
by the development or redevelopment of project areas. The reversal of
these adverse economic conditions and the elimination of the negative
impact they have on communities through industrial redevelopment projects,
and the retention and expansion of the economic bases of Illinois
communities is hereby declared to be essential to the public interest.
(d) It is found and declared that the use of incremental tax revenues
derived from the tax levies of various taxing districts in redevelopment
project areas for the payment of redevelopment project costs is of benefit
to those taxing districts because taxing districts located in redevelopment
project areas will ultimately derive substantial benefits from the increased
assessment base developed by tax increment allocation financing. In
addition, if all surplus tax revenues are distributed to the taxing districts
in redevelopment project areas, all taxing districts will benefit from the
removal of adverse economic conditions, the development of industrial parks
and the development, retention and expansion of employment opportunities
for Illinois residents.
(Source: P.A. 88-537.)
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65 ILCS 5/11-74.6-10
(65 ILCS 5/11-74.6-10)
Sec. 11-74.6-10. Definitions.
(a) "Environmentally contaminated area" means any improved or vacant area
within
the boundaries
of a redevelopment project area located within the corporate limits of
a municipality when,
(i) there has been a determination of release or substantial threat of release
of
a hazardous substance or pesticide, by the United States Environmental
Protection Agency or the Illinois Environmental Protection Agency, or the
Illinois Pollution Control Board, or any court, or a release or substantial
threat of release which is addressed as part of the Pre-Notice Site Cleanup
Program under Section 22.2(m) of the Illinois Environmental Protection Act, or
a release or substantial threat of release of petroleum under Section 22.12 of
the Illinois Environmental Protection Act, and (ii) which release or threat of
release presents an imminent and substantial danger to public health or welfare
or presents a significant threat to public health or the environment, and (iii)
which release or threat of release would have a significant impact on the cost
of redeveloping the area.
(b) "Department" means the Department of Commerce and Economic Opportunity.
(c) "Industrial park" means an area in a redevelopment project
area suitable for use by any manufacturing, industrial, research, or
transportation enterprise, of facilities, including but not limited to
factories, mills, processing plants, assembly plants, packing plants,
fabricating plants, distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research facilities,
test facilities or railroad facilities. An industrial park may contain
space for commercial and other use as long as the expected principal use of the
park is
industrial and
is reasonably expected to result in the creation of a significant number of new
permanent full time jobs. An
industrial park may also contain related operations and facilities including,
but not
limited to, business and office support services such as centralized
computers, telecommunications, publishing, accounting, photocopying and
similar activities and employee services such as child care, health care,
food service and similar activities. An industrial park may also include
demonstration projects, prototype development, specialized training on
developing technology, and pure research in any field related or adaptable
to business and industry.
(d) "Research park" means an area in a redevelopment project area
suitable for development of a facility or complex that includes
research laboratories and related operations. These related operations may
include, but are not limited to, business and office support services
such as centralized computers, telecommunications, publishing,
accounting, photocopying and similar activities, and employee services
such as child care, health care, food service and similar activities.
A research park may include demonstration projects, prototype development,
specialized training on developing technology, and pure research
in any field related or adaptable to business and industry.
(e) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the corporate
limits of a municipality or within 1 1/2 miles of the corporate limits of a
municipality if the area is to be annexed to the municipality, if the area is
zoned as industrial no later than the date on which the municipality by
ordinance designates the redevelopment project area, and if the area
includes improved or vacant land suitable for use as an industrial park or
a research park, or both. To be designated as an industrial park
conservation area, the area shall also satisfy one of the following standards:
(1) Standard One: The municipality must be a labor | | surplus municipality and the area must be served by adequate public and or road transportation for access by the unemployed and for the movement of goods or materials and the redevelopment project area shall contain no more than 2% of the most recently ascertained equalized assessed value of all taxable real properties within the corporate limits of the municipality after adjustment for all annexations associated with the establishment of the redevelopment project area or be located in the vicinity of a waste disposal site or other waste facility. The project plan shall include a plan for and shall establish a marketing program to attract appropriate businesses to the proposed industrial park conservation area and shall include an adequate plan for financing and construction of the necessary infrastructure. No redevelopment projects may be authorized by the municipality under Standard One of subsection (e) of this Section unless the project plan also provides for an employment training project that would prepare unemployed workers for work in the industrial park conservation area, and the project has been approved by official action of or is to be operated by the local community college district, public school district or state or locally designated private industry council or successor agency, or
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(2) Standard Two: The municipality must be a
| | substantial labor surplus municipality and the area must be served by adequate public and or road transportation for access by the unemployed and for the movement of goods or materials and the redevelopment project area shall contain no more than 2% of the most recently ascertained equalized assessed value of all taxable real properties within the corporate limits of the municipality after adjustment for all annexations associated with the establishment of the redevelopment project area. No redevelopment projects may be authorized by the municipality under Standard Two of subsection (e) of this Section unless the project plan also provides for an employment training project that would prepare unemployed workers for work in the industrial park conservation area, and the project has been approved by official action of or is to be operated by the local community college district, public school district or state or locally designated private industry council or successor agency.
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(f) "Vacant industrial buildings conservation area" means an area containing
one or more industrial buildings located within the corporate limits of the
municipality that has been zoned industrial for at least 5 years before the
designation of that area as a redevelopment project area by the
municipality and is planned for reuse principally for industrial purposes.
For the area to be designated as a vacant industrial buildings conservation
area, the area shall also satisfy one of the following standards:
(1) Standard One: The area shall consist of one or
| | more industrial buildings totaling at least 50,000 net square feet of industrial space, with a majority of the total area of all the buildings having been vacant for at least 18 months; and (A) the area is located in a labor surplus municipality or a substantial labor surplus municipality, or (B) the equalized assessed value of the properties within the area during the last 2 years is at least 25% lower than the maximum equalized assessed value of those properties during the immediately preceding 10 years.
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(2) Standard Two: The area exclusively consists of
| | industrial buildings or a building complex operated by a user or related users (A) that has within the immediately preceding 5 years either (i) employed 200 or more employees at that location, or (ii) if the area is located in a municipality with a population of 12,000 or less, employed more than 50 employees at that location and (B) either is currently vacant, or the owner has: (i) directly notified the municipality of the user's intention to terminate operations at the facility or (ii) filed a notice of closure under the Worker Adjustment and Retraining Notification Act.
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(g) "Labor surplus municipality" means a municipality in which,
during the 4 calendar years immediately preceding the date
the municipality by
ordinance designates an industrial park conservation area, the average
unemployment rate was 1% or more over the State average
unemployment
rate for
that same period of time as published in the United States Department of
Labor Bureau of Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of this
subsection (g), if unemployment rate statistics for the municipality are
not available, the unemployment rate in the municipality shall be deemed to
be: (i) for a municipality that is not in an urban county, the same as the
unemployment rate in the principal county where the municipality is located or
(ii) for a municipality in an urban county at that municipality's option,
either the unemployment rate certified for the municipality by the Department
after consultation with the Illinois
Department of Labor or the federal Bureau of Labor Statistics, or the
unemployment rate of the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior to the date on
which the determination is made.
(h) "Substantial labor surplus municipality" means a municipality in
which, during the 5 calendar years immediately preceding the date the
municipality by
ordinance
designates an industrial park conservation area, the average unemployment rate
was 2% or more over the State average unemployment rate for
that
same period of time as published in the United States Department of Labor
Statistics publication entitled "The Employment Situation" or its successor
publication. For the purpose of this subsection (h), if unemployment rate
statistics for the municipality are not available, the unemployment rate in the
municipality shall be deemed to be: (i) for a municipality that is not in an
urban county, the same as the unemployment rate in the principal county in
which the municipality is located; or (ii) for a municipality in an urban
county, at that municipality's option, either the unemployment rate certified
for the municipality by the Department after
consultation with the Illinois Department of Labor or the federal Bureau of
Labor Statistics, or the unemployment rate of the municipality as determined by
the most recent federal census if that census was not dated more than 5 years
prior to the date on which the determination is made.
(i) "Municipality" means a city, village or incorporated town.
(j) "Obligations" means bonds, loans, debentures, notes, special
certificates or other evidence of indebtedness issued by the municipality
to carry out a redevelopment project or to refund outstanding obligations.
(k) "Payment in lieu of taxes" means those estimated tax revenues from
real property in a redevelopment project area derived from real property that
has been acquired by a municipality,
which according to the redevelopment project or plan are to be used for a
private use, that taxing districts would have received had a municipality
not acquired the real property and adopted tax increment allocation
financing and that would result from
levies made after the time of the adoption of tax increment allocation
financing until the time the current equalized assessed value of real
property in the redevelopment project area exceeds the total initial
equalized assessed value of real property in that area.
(l) "Redevelopment plan" means the comprehensive program of the
municipality for development or redevelopment intended by the payment of
redevelopment project costs to reduce or eliminate the conditions that
qualified the redevelopment project area or redevelopment planning area, or
both, as an environmentally contaminated
area or industrial
park conservation area, or vacant industrial buildings
conservation area, or combination thereof, and thereby to enhance
the tax bases of the taxing districts that extend into the redevelopment
project area or redevelopment planning area.
On and after the effective date of this amendatory Act of the 91st General
Assembly, no
redevelopment plan may be approved or amended to include the development of
vacant land (i) with a golf course and related clubhouse and other facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
Each redevelopment plan must set forth in writing the
bases for the municipal findings required in this subsection, the
program to be undertaken to accomplish the objectives, including
but not limited to: (1) an itemized list of estimated redevelopment project
costs,
(2) evidence indicating that the redevelopment project area or the
redevelopment planning area, or both, on the whole has
not
been subject to growth and development through investment by private
enterprise,
(3) (i) in the case of an environmentally contaminated area, industrial park
conservation
area, or a vacant industrial buildings conservation area classified under
either Standard One, or Standard Two of subsection (f) where the building is
currently vacant, evidence that implementation of the redevelopment plan is
reasonably expected to create a significant number of permanent full time jobs,
(ii) in
the case of a vacant industrial buildings conservation area classified under
Standard Two (B)(i) or (ii) of subsection (f), evidence that implementation of
the redevelopment plan is reasonably expected to retain a significant number of
existing permanent full time jobs, and (iii) in the case of a
combination of
an environmentally contaminated area, industrial park conservation area, or
vacant industrial
buildings conservation area, evidence that the standards concerning the
creation or retention of jobs for each area set forth in (i) or (ii)
above are met,
(4) an assessment of the financial impact of the redevelopment
project area or the redevelopment planning area, or both,
on
the overlapping taxing bodies or any increased demand for services from any
taxing district affected by the
plan and any program to address such financial impact or increased demand, (5)
the sources of
funds to pay costs, (6) the nature and term of the obligations to be issued,
(7)
the most recent equalized assessed valuation of the redevelopment project
area or the redevelopment planning area, or both, (8) an estimate of the
equalized assessed valuation after redevelopment
and the general land uses that are applied in the redevelopment project area
or the redevelopment planning area, or both,
(9) a
commitment to fair employment practices and an affirmative action plan,
(10) if it includes an industrial park conservation area, the following: (i) a
general description of any proposed developer, (ii) user and tenant of any
property, (iii) a description of the type, structure and general character of
the facilities to be developed, and (iv) a description of the type, class and
number of new employees to be employed in the operation of the facilities to be
developed,
(11) if it includes an environmentally contaminated area, the following:
either (i) a determination of release or substantial threat of release of a
hazardous substance or pesticide or of petroleum by the United States
Environmental Protection Agency or the Illinois Environmental Protection
Agency, or the Illinois Pollution Control Board or any court; or (ii) both an
environmental audit report by a nationally recognized independent
environmental auditor having a reputation for expertise in these matters and a
copy of the signed Review and Evaluation Services Agreement indicating
acceptance of the site by the Illinois Environmental Protection Agency into the
Pre-Notice Site Cleanup Program,
(12) if it includes a vacant industrial buildings conservation area, the
following: (i) a
general description of any proposed developer, (ii) user and tenant of any
building or buildings, (iii) a description of the type, structure and general
character of
the building or buildings to be developed, and (iv) a description of the type,
class and
number of new employees to be employed or existing employees to be retained in
the operation of the building or buildings to be
redeveloped,
and (13) if property is to be annexed to the municipality, the
terms
of the annexation agreement.
No redevelopment plan shall be adopted by a
municipality without findings that:
(1) the redevelopment project area or redevelopment
| | planning area, or both, on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed in accordance with public goals stated in the redevelopment plan without the adoption of the redevelopment plan;
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(2) the redevelopment plan and project conform to the
| | comprehensive plan for the development of the municipality as a whole, or, for municipalities with a population of 100,000 or more, regardless of when the redevelopment plan and project was adopted, the redevelopment plan and project either: (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority of the municipality or (ii) includes land uses that have been approved by the planning commission of the municipality;
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(3) that the redevelopment plan is reasonably
| | expected to create or retain a significant number of permanent full time jobs as set forth in paragraph (3) of subsection (l) above;
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(4) the estimated date of completion of the
| | redevelopment project and retirement of obligations incurred to finance redevelopment project costs is not later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.6-35 is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the redevelopment project area is adopted; a municipality may by municipal ordinance amend an existing redevelopment plan to conform to this paragraph (4) as amended by this amendatory Act of the 91st General Assembly concerning ordinances adopted on or after January 15, 1981, which municipal ordinance may be adopted without further hearing or notice and without complying with the procedures provided in this Law pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area;
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(5) in the case of an industrial park conservation
| | area, that the municipality is a labor surplus municipality or a substantial labor surplus municipality and that the implementation of the redevelopment plan is reasonably expected to create a significant number of permanent full time new jobs and, by the provision of new facilities, significantly enhance the tax base of the taxing districts that extend into the redevelopment project area;
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(6) in the case of an environmentally contaminated
| | area, that the area is subject to a release or substantial threat of release of a hazardous substance, pesticide or petroleum which presents an imminent and substantial danger to public health or welfare or presents a significant threat to public health or environment, that such release or threat of release will have a significant impact on the cost of redeveloping the area, that the implementation of the redevelopment plan is reasonably expected to result in the area being redeveloped, the tax base of the affected taxing districts being significantly enhanced thereby, and the creation of a significant number of permanent full time jobs; and
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(7) in the case of a vacant industrial buildings
| | conservation area, that the area is located within the corporate limits of a municipality that has been zoned industrial for at least 5 years before its designation as a project redeveloped area, that it contains one or more industrial buildings, and whether the area has been designated under Standard One or Standard Two of subsection (f) and the basis for that designation.
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(m) "Redevelopment project" means any public or private development
project in furtherance of the objectives of a redevelopment plan.
On and after the effective date of this amendatory Act of the 91st General
Assembly, no
redevelopment plan may be approved or amended to include the development
of vacant land (i) with a golf course and related clubhouse and other
facilities
or (ii) designated by federal, State, county, or municipal government as public
land for outdoor recreational activities or for nature preserves and used for
that purpose within 5
years prior to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean camping and
hunting.
(n) "Redevelopment project area" means a contiguous area
designated
by the municipality that is not less in the aggregate than 1 1/2 acres,
and for which the municipality has made a finding that there exist
conditions that cause the area to be classified as an industrial park
conservation area, a vacant industrial building conservation area,
an environmentally contaminated area or a combination of these
types of areas. For purposes of this Division, parcels are contiguous if they touch or join one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under Section 7-1-1 of this Code.
The changes made by this amendatory Act of the 102nd General Assembly, are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; however, this amendatory Act of the 102nd General Assembly does not affect the rights of any party that is subject to a final judgment entered pursuant to the opinion of the September 23, 2021 Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444.
(o) "Redevelopment project costs" means the sum total of all
reasonable or necessary costs incurred or estimated to be incurred by
the municipality, and
any of those costs incidental to a redevelopment plan and a redevelopment
project. These costs include, without limitation, the following:
(1) Costs of studies, surveys, development of plans,
| | and specifications, implementation and administration of the redevelopment plan, staff and professional service costs for architectural, engineering, legal, marketing, financial, planning, or other services, but no charges for professional services may be based on a percentage of the tax increment collected; except that on and after the effective date of this amendatory Act of the 91st General Assembly, no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In addition, "redevelopment project costs" shall not include lobbying expenses. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor;
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(1.5) After July 1, 1999, annual administrative costs
| | shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;
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(1.6) The cost of marketing sites within the
| | redevelopment project area to prospective businesses, developers, and investors.
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(2) Property assembly costs within a redevelopment
| | project area, including but not limited to acquisition of land and other real or personal property or rights or interests therein.
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(3) Site preparation costs, including but not limited
| | to clearance of any area within a redevelopment project area by demolition or removal of any existing buildings, structures, fixtures, utilities and improvements and clearing and grading; and including installation, repair, construction, reconstruction, or relocation of public streets, public utilities, and other public site improvements within or without a redevelopment project area which are essential to the preparation of the redevelopment project area for use in accordance with a redevelopment plan.
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(4) Costs of renovation, rehabilitation,
| | reconstruction, relocation, repair or remodeling of any existing public or private buildings, improvements, and fixtures within a redevelopment project area; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment.
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(5) Costs of construction within a redevelopment
| | project area of public improvements, including but not limited to, buildings, structures, works, utilities or fixtures, except that on and after the effective date of this amendatory Act of the 91st General Assembly, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (4) unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to the effective date of this amendatory Act of the 91st General Assembly or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan.
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(6) Costs of eliminating or removing contaminants and
| | other impediments required by federal or State environmental laws, rules, regulations, and guidelines, orders or other requirements or those imposed by private lending institutions as a condition for approval of their financial support, debt or equity, for the redevelopment projects, provided, however, that in the event (i) other federal or State funds have been certified by an administrative agency as adequate to pay these costs during the 18 months after the adoption of the redevelopment plan, or (ii) the municipality has been reimbursed for such costs by persons legally responsible for them, such federal, State, or private funds shall, insofar as possible, be fully expended prior to the use of any revenues deposited in the special tax allocation fund of the municipality and any other such federal, State or private funds received shall be deposited in the fund. The municipality shall seek reimbursement of these costs from persons legally responsible for these costs and the costs of obtaining this reimbursement.
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(7) Costs of job training and retraining projects.
(8) Financing costs, including but not limited to all
| | necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this Act including interest accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and for not exceeding 36 months thereafter and including reasonable reserves related to those costs.
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(9) All or a portion of a taxing district's capital
| | costs resulting from the redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of the redevelopment plan and project, to the extent the municipality by written agreement accepts and approves those costs.
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(10) Relocation costs to the extent that a
| | municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law.
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(11) Payments in lieu of taxes.
(12) Costs of job training, retraining, advanced
| | vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, if those costs are: (i) related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) are incurred by a taxing district or taxing districts other than the municipality and are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. These costs include, specifically, the payment by community college districts of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs under Sections 10-22.20a and 10-23.3a of the School Code.
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(13) The interest costs incurred by redevelopers or
| | other nongovernmental persons in connection with a redevelopment project, and specifically including payments to redevelopers or other nongovernmental persons as reimbursement for such costs incurred by such redeveloper or other nongovernmental person, provided that:
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(A) interest costs shall be paid or reimbursed by
| | a municipality only pursuant to the prior official action of the municipality evidencing an intent to pay or reimburse such interest costs;
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(B) such payments in any one year may not exceed
| | 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year;
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(C) except as provided in subparagraph (E), the
| | aggregate amount of such costs paid or reimbursed by a municipality shall not exceed 30% of the total (i) costs paid or incurred by the redeveloper or other nongovernmental person in that year plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to this Act;
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(D) interest costs shall be paid or reimbursed by
| | a municipality solely from the special tax allocation fund established pursuant to this Act and shall not be paid or reimbursed from the proceeds of any obligations issued by a municipality;
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(E) if there are not sufficient funds available
| | in the special tax allocation fund in any year to make such payment or reimbursement in full, any amount of such interest cost remaining to be paid or reimbursed by a municipality shall accrue and be payable when funds are available in the special tax allocation fund to make such payment.
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(14) The costs of construction of new privately owned
| | buildings shall not be an eligible redevelopment project cost.
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If a special service area has been established under the Special Service
Area Tax Act, then any tax increment revenues derived from the tax imposed
thereunder to the Special Service Area Tax Act may be used within the
redevelopment project area for the purposes permitted by
that Act as well as the purposes permitted by this Act.
(p) "Redevelopment Planning Area" means an area so designated by a
municipality after the municipality has complied with all the findings and
procedures required to establish a redevelopment project area, including
the existence of conditions that qualify the area as an industrial park
conservation area, or an environmentally contaminated area, or a vacant
industrial
buildings
conservation area, or a combination of these types of
areas, and adopted a redevelopment plan and project for the planning area and
its included redevelopment project areas. The
area shall not be designated as a redevelopment planning area for more than
5
years, or 10 years in the case of a redevelopment planning area in the City of Rockford. At any time in the
5 years, or 10 years in the case of the City of Rockford, following that designation of the
redevelopment planning area, the municipality may designate the
redevelopment planning area, or any portion of the redevelopment
planning area,
as a redevelopment project area without making additional findings or
complying with additional procedures required for the creation of a
redevelopment project area.
An amendment of a redevelopment plan and project in accordance with the
findings and procedures of this Act after the designation of a redevelopment
planning area at any time within the
5 years after the designation of the
redevelopment planning area, or 10 years after the designation of the redevelopment planning area in the City of Rockford, shall not require new qualification of findings for
the redevelopment project area to be designated within the redevelopment
planning area.
The terms "redevelopment plan", "redevelopment project", and
"redevelopment project area" have the definitions set out in subsections (l),
(m), and (n), respectively.
(q) "Taxing districts" means counties, townships, municipalities, and
school, road, park, sanitary, mosquito abatement, forest preserve, public
health, fire protection, river conservancy, tuberculosis sanitarium and any
other municipal corporations or districts with the power to levy taxes.
(r) "Taxing districts' capital costs" means those costs of taxing districts
for capital improvements that are found by the municipal corporate authorities
to be necessary and a direct result of the redevelopment project.
(s) "Urban county" means a county with 240,000 or more inhabitants.
(t) "Vacant area", as used in subsection (a) of this Section,
means any parcel or combination of parcels of real property without
industrial, commercial and residential buildings that has not been used for
commercial agricultural purposes within 5 years before the designation of
the redevelopment project area, unless that parcel is included in an
industrial park conservation area.
(Source: P.A. 102-818, eff. 5-13-22.)
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65 ILCS 5/11-74.6-15
(65 ILCS 5/11-74.6-15)
Sec. 11-74.6-15. Municipal Powers and Duties. A municipality may:
(a) By ordinance introduced in the governing body of the municipality
within 14 to 90 days from the final adjournment of the hearing specified in
Section 11-74.6-22, approve redevelopment plans and redevelopment
projects, and designate redevelopment planning areas and redevelopment project
areas pursuant to notice and
hearing required by this Act. No redevelopment planning area or redevelopment
project area shall be
designated unless a plan and project are approved before the designation of
the area and the area shall include only those parcels of real
property and improvements on those parcels substantially benefited by the
proposed redevelopment project improvements.
Upon adoption of the ordinances, the municipality shall forthwith transmit to
the county clerk of the county or counties within which the redevelopment
project area is located a certified copy of the ordinances, a legal description
of the redevelopment project area, a map of the redevelopment project area,
identification of the year that the county clerk shall use for determining the
total initial equalized assessed value of the redevelopment project area
consistent with subsection (a) of Section 11-74.6-40, and a
list of the parcel or tax identification number of each parcel of property
included in the redevelopment project area.
(b) Make and enter into all contracts necessary or incidental to the
implementation and furtherance of its redevelopment plan and project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and options
with respect to that property, all in the manner and at a price that the
municipality determines is reasonably necessary to achieve the objectives
of the redevelopment plan and project. No conveyance, lease, mortgage,
disposition of land or other property owned by a municipality, or agreement
relating to the
development of the municipal property shall be made or executed except
pursuant to prior official action of the corporate authorities of the
municipality. No conveyance,
lease, mortgage, or other disposition of land owned by a municipality, and
no agreement relating to the
development of the municipal property, shall be made without making public
disclosure of
the terms and the disposition of all bids and proposals submitted to the
municipality in connection therewith. The procedures for obtaining the bids
and proposals
shall provide reasonable opportunity for any person to submit alternative
proposals
or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings, structures, fixtures,
utilities or improvements, and to clear and grade land.
(e) Within a redevelopment project area, renovate or rehabilitate or
construct any structure or building, as permitted under this Law.
(f) Within or without a redevelopment project area, install, repair,
construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect fees,
rents and charges for the use of all or any part of any building or
property owned or leased by it.
(h) Issue obligations as provided in this Act.
(i) Accept grants, guarantees and donations of property, labor, or other
things of value from a public or private source for use within a project
redevelopment area.
(j) Acquire and construct public facilities within a redevelopment
project area, as permitted under this Law.
(k) Incur, pay or cause to be paid redevelopment project costs; provided,
however,
that on and
after the effective date of this amendatory
Act of the 91st General Assembly, no municipality shall incur redevelopment
project costs (except
for planning and other eligible costs authorized by municipal ordinance or
resolution that are subsequently included in the redevelopment plan for the
area and are incurred after the ordinance or resolution is adopted) that are
not consistent with the program for
accomplishing the objectives of the
redevelopment plan as included in that plan and approved by the
municipality until the municipality has amended
the redevelopment plan as provided elsewhere in this Law.
Any payments to be made by the municipality to redevelopers or other
nongovernmental persons for redevelopment project costs incurred by
such redeveloper or other nongovernmental person shall be made only pursuant
to the prior official action of the municipality evidencing an intent to
pay or cause to be paid such redevelopment project costs. A
municipality is not required to obtain any right, title or interest in any
real or personal property in order to pay redevelopment project
costs associated with such property. The municipality shall adopt such
accounting procedures as may be necessary to determine that such redevelopment
project costs are properly paid.
(l) Create a commission of not less than 5 or more than 15 persons to
be appointed by the mayor or president of the municipality with the consent
of the majority of the governing board of the municipality. Members of a
commission appointed after the effective date of this Law
shall be appointed for initial terms of 1, 2, 3, 4 and 5 years,
respectively, in numbers so that the terms of not more than
1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 5 years. The commission, subject to
approval of the corporate authorities of the municipality, may exercise the
powers enumerated in this Section. The commission shall also have the power
to hold the public hearings required by this Act and make recommendations
to the corporate authorities concerning the adoption of redevelopment
plans, redevelopment projects and designation of redevelopment project areas.
(m) Make payment in lieu of all or a portion of real property taxes due
to taxing districts. If payments in lieu of all or a portion of taxes are
made to taxing districts, those payments shall be made to all districts
within a redevelopment project area on a basis that is proportional to the
current collection of revenue which each taxing district receives from real
property in the redevelopment project area.
(n) Exercise any and all other powers necessary to effectuate the
purposes of this Act.
(o) In conjunction with other municipalities, undertake and perform
redevelopment plans and projects and utilize the provisions of the Act
wherever they have contiguous redevelopment project areas or they determine
to adopt tax increment allocation financing with respect to a redevelopment
project area that includes contiguous real property within the boundaries
of the municipalities, and, by agreement between participating
municipalities, to issue obligations, separately or jointly, and expend
revenues received under this Act for eligible expenses anywhere within
contiguous redevelopment project areas or as otherwise permitted in the Act. Two or more municipalities may designate a joint redevelopment project area under this subsection (o) for a single Industrial Park Conservation Area comprising of property within or near the boundaries of each municipality if: (i) both municipalities are located within the same Metropolitan Statistical Area, as defined by the United States Office of Management and Budget, (ii) the 4-year average unemployment rate for that Metropolitan Statistical Area was at least 11.3%, and (iii) at least one participating municipality demonstrates that it has made commitments to acquire capital assets to commence the project and that the acquisition will occur on or before December 31, 2011. The joint redevelopment project area must encompass an interstate highway exchange for access and be located, in part, adjacent to a landfill or other solid waste disposal facility.
(p) Create an Industrial Jobs Recovery Advisory Committee of not more
than 15 members to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing board of the
municipality. The members of that Committee shall be appointed for initial
terms of 1, 2, and 3 years respectively, in numbers so that the terms of
not more than 1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 3 years. The Committee shall have none of
the powers enumerated in this Section. The Committee shall serve in an
advisory capacity only. The Committee may advise the governing board of
the municipality and other municipal officials regarding development issues
and opportunities within the redevelopment project area. The Committee may
also promote and publicize development opportunities in the redevelopment
project area.
(q) If a redevelopment project has not been initiated in a redevelopment
project area within 5 years after the area was designated by ordinance under
subsection (a), the municipality shall adopt an ordinance repealing the area's
designation as a redevelopment project area. Initiation of a redevelopment
project shall be evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs associated with a
redevelopment project.
(r) Within a redevelopment planning area, transfer or loan tax increment
revenues from one redevelopment project area to another redevelopment project
area for expenditure on eligible costs in the receiving area.
(s) Use tax increment revenue produced in a redevelopment project area
created under this Law by transferring or loaning such revenues to a
redevelopment project area created under the Tax Increment Allocation
Redevelopment Act that is either contiguous to, or separated only by a public
right of way from, the redevelopment project area that initially produced and
received those revenues.
(t) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.6-30) 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 11-74.6-35 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 if the ordinance was adopted on September 23, 1997 by the City of Granite City. (Source: P.A. 99-263, eff. 8-4-15.)
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65 ILCS 5/11-74.6-18
(65 ILCS 5/11-74.6-18)
Sec. 11-74.6-18.
If any member of the corporate authority, a member of a
commission
established under subsection (l) of Section 11-74.6-15, or an employee
or consultant of the municipality involved in the planning, analysis,
preparation or administration
of a redevelopment plan, or project for a redevelopment project area or
proposed redevelopment project area, as defined in Section 11-74.6-10,
owns or controls any interest, direct or indirect, in any property included in
any redevelopment
area, or proposed redevelopment area, he or she shall disclose that
interest in writing to the clerk of the municipality, and shall also so
disclose the dates, terms and conditions of any disposition of that
interest. These disclosures shall be acknowledged by the corporate
authorities and entered upon the official records and files of the corporate
authorities. If an individual holds such an interest, then that individual
shall refrain from any further official involvement, in regard to the
redevelopment plan, project or area, from voting on any matter pertaining
to that redevelopment plan, project or area, or communicating with other
members, corporate authorities, commissions, employees or consultants of the
municipality concerning any
matter pertaining to that redevelopment plan, project or area. No member
or employee shall acquire any interest, direct or indirect, in any property
in a redevelopment area or proposed redevelopment area after either the
individual obtains knowledge of that plan, project or area, or, after the
first public notice of that plan, project or area under Section 11-74.6-25,
whichever occurs first.
For the purposes of this Section, a month-to-month leasehold interest
shall not be deemed to constitute an interest in any property included in any
redevelopment area or proposed redevelopment area.
(Source: P.A. 91-474, eff. 11-1-99.)
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65 ILCS 5/11-74.6-20
(65 ILCS 5/11-74.6-20)
Sec. 11-74.6-20.
If a municipality or a commission designated pursuant to
subsection (l) of Section 11-74.6-15 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 be sent
by certified mail within a reasonable time 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 | | possible designation as a redevelopment project area.
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(2) The purpose or purposes of the proposed
| | redevelopment plan and project.
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(3) A general description of tax increment allocation
| | financing under this Law.
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(4) The name, phone number, and address of the
| | municipal officer who can be contacted for additional information about the proposed redevelopment project area and who should receive all comments and suggestions regarding the redevelopment of the area to be studied.
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(Source: P.A. 91-474, eff. 11-1-99.)
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65 ILCS 5/11-74.6-22
(65 ILCS 5/11-74.6-22)
Sec. 11-74.6-22. Adoption of ordinance; requirements; changes.
(a) Before adoption of an ordinance proposing the
designation of a redevelopment planning area or a redevelopment project area,
or both, or approving a
redevelopment plan or redevelopment project, the municipality or commission
designated pursuant to subsection (l) of Section 11-74.6-15 shall fix by
ordinance or resolution
a time and place for public hearing.
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 report that provides in sufficient 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 to the affected taxing
district by certified mail within a reasonable time following the adoption of
the ordinance or resolution establishing the time and place for the public
hearing.
At the public hearing any
interested person or affected taxing district may file with the
municipal clerk written objections to the ordinance and may be heard orally
on any issues that are the subject of the hearing. The municipality shall
hear and determine all alternate proposals or bids for any proposed conveyance,
lease, mortgage or other disposition of land and 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
later 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, or (3) substantially change the nature of or extend the
life of the redevelopment
project 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
11-74.6-25. 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, or (3) substantially
change the nature of or extend the life of the redevelopment project 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 by publication
once 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.
(b) Before adoption of an ordinance proposing the designation of a
redevelopment planning area or a redevelopment project area, or both, or
amending the boundaries of an existing
redevelopment project area or redevelopment planning area, or both, the
municipality shall convene a joint review
board to consider the proposal. The board shall consist of a
representative selected by each taxing district that has
authority to levy real property taxes on the property within the proposed
redevelopment project area and that has at least 5% of its total equalized
assessed value located within the proposed redevelopment project area, a
representative selected by the municipality
and a public member. The public member and the board's chairperson shall
be selected by a majority of other board members.
All board members shall be appointed and the first board meeting held
within 14 days following the notice by the municipality to all the taxing
districts as required by subsection (c) of Section 11-74.6-25. The 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 2 members. The
municipality seeking designation of the redevelopment project area may provide
administrative support to the board.
The board shall review the public record, planning documents and
proposed ordinances approving the redevelopment plan and project to be
adopted by the municipality. As part of its deliberations, the board may
hold additional hearings on the proposal. A board's recommendation, if any,
shall be a written recommendation adopted by a
majority vote of the board and submitted to the municipality within 30 days
after the board convenes. A board's recommendation shall be binding upon the
municipality. Failure of the board to submit
its recommendation on a timely basis shall not be cause to delay the public
hearing or the process of establishing or amending the
redevelopment project area. The board's recommendation on the proposal
shall be based upon the area satisfying the applicable eligibility criteria
defined in Section 11-74.6-10 and whether there is a basis for the
municipal findings set forth in the redevelopment plan as required by this
Act. If the board does not file a recommendation it shall be presumed that
the board has found that the redevelopment project area satisfies the
eligibility criteria.
(c) After a municipality has by ordinance approved a redevelopment plan
and designated a redevelopment planning area or a redevelopment project area,
or both, 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, or
(5) add additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan
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 11-74.6-25.
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, or (5) add additional
redevelopment project costs to the itemized list of redevelopment project costs
set out in the redevelopment plan
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 by publication once 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. Notwithstanding Section 11-74.6-50, the redevelopment project area established by an ordinance adopted in its final form on December 19, 2011 by the City of Loves Park may be expanded by the adoption of an ordinance to that effect without further hearing or notice to include land that (i) is at least in part contiguous to the existing redevelopment project area, (ii) does not exceed approximately 16.56 acres, (iii) at the time of the establishment of the redevelopment project area would have been otherwise eligible for inclusion in the redevelopment project area, and (iv) is zoned so as to comply with this Act prior to its inclusion in the redevelopment project area.
(d) After the effective date of this amendatory Act of the 91st General
Assembly, a
municipality shall
submit 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, or the | | redevelopment project area.
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(1.5) A list of the redevelopment project areas
| | administered by the municipality and, if applicable, the date each redevelopment project area was designated or terminated by the municipality.
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(2) Audited financial statements of the special tax
| | allocation fund once a cumulative total of $100,000 of tax increment revenues has been deposited in the fund.
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(3) Certification of the Chief Executive Officer of
| | the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year.
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(4) An opinion of legal counsel that the municipality
| | is in compliance with this Act.
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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
| | fund at the beginning of the fiscal year;
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(B) all amounts deposited in the special tax
| | allocation fund by source;
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(C) an itemized list of all expenditures from the
| | special tax allocation fund by category of permissible redevelopment project cost; and
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(D) the balance in the special tax allocation
| | fund at the end of the fiscal year including a breakdown of that balance by source and a breakdown of that balance identifying any portion of the balance that is required, pledged, earmarked, or otherwise designated for payment of or securing of obligations and anticipated redevelopment project costs. Any portion of such ending balance that has not been identified or is not identified as being required, pledged, earmarked, or otherwise designated for payment of or securing of obligations or anticipated redevelopment project costs shall be designated as surplus as set forth in Section 11-74.6-30 hereof.
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(6) A description of all property purchased by the
| | municipality within the redevelopment project area including:
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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
| | undertaken in furtherance of the objectives of the redevelopment plan, including:
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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
| | by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area.
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(D) Additional information on the use of all
| | funds received under this Division and steps taken by the municipality to achieve the objectives of the redevelopment plan.
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(E) Information regarding contracts that the
| | municipality's tax increment advisors or consultants have entered into with entities or persons that have received, or are receiving, payments financed by tax increment revenues produced by the same redevelopment project area.
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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
| | possible, private investment actually undertaken to date after the effective date of this amendatory Act of the 91st General Assembly and estimated to be undertaken during the following year. This review shall, on a project-by-project basis, set forth the estimated amounts of public and private investment incurred after the effective date of this amendatory Act of the 91st General Assembly and provide the ratio of private investment to public investment to the date of the report and as estimated to the completion of the redevelopment project.
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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
| | underwriter, chosen by the municipality, setting forth: (i) nature and term of obligation; (ii) projected debt service including required reserves and debt coverage; and (iii) actual debt service.
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(9) For special tax allocation funds that have
| | received cumulative deposits of incremental tax revenues of $100,000 or more, a certified audit report reviewing compliance with this Act performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended, or the standards specified by Section 8-8-5 of the Illinois Municipal Auditing Law of the Illinois Municipal Code. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (o) of Section 11-74.6-10.
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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.
(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.
(Source: P.A. 102-127, eff. 7-23-21.)
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65 ILCS 5/11-74.6-25
(65 ILCS 5/11-74.6-25)
Sec. 11-74.6-25.
Notice of public hearing.
(a) Except as provided in this Section, notice of the public hearing
shall be given by publication and mailing. Notice by publication
shall be given by publication at least twice, the first publication to be
not more than 30 or less than 10 days prior to the hearing, in a newspaper
of general circulation within the taxing districts levying taxes on real
property in the proposed redevelopment project area. Notice by mailing
shall be given by certified mail in the United States Postal Service
to each 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. The notice shall be mailed
not less than 10 days before the date set for the public hearing.
If taxes were not paid in the last preceding year, the notice shall
also be sent to the person or persons most recently listed as the owner of
the real property in the office of the assessing official in whose
jurisdiction the property is situated.
(b) The notices issued under this Section shall include the following:
(1) the time and place of public hearing;
(2) the boundaries of the proposed redevelopment | | project area by legal description and by street location when possible;
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(3) a notification that all interested persons will
| | be given an opportunity to be heard at the public hearing;
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(4) an invitation for any person to submit
| | alternative proposals or bids for any proposed conveyance, lease, mortgage or other disposition of land within the proposed redevelopment project area;
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(5) a description of the redevelopment plan or
| | redevelopment project for the proposed redevelopment project area if a plan or project is the subject matter of the hearing; and
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(6) other matters the municipality may deem
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(c) Not less than 45 days before the date set for hearing, the
municipality shall give notice by mail as provided in subsection (a) to all
taxing districts that levy taxes on real property included in the redevelopment
project area, and to the Department, and in addition to the
other requirements provided in
subsection (b), the notice shall also include a request that the Department
and each affected taxing district submit
comments to the municipality concerning the subject matter of the hearing
before the date of hearing.
(Source: P.A. 88-537.)
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65 ILCS 5/11-74.6-30
(65 ILCS 5/11-74.6-30)
Sec. 11-74.6-30.
Financing.
Obligations secured by the special tax
allocation fund set forth in Section 11-74.6-35 for the redevelopment
project area may be issued to provide for redevelopment project costs.
Those obligations, when so issued, shall be retired in the manner provided
in the ordinance authorizing the issuance of those obligations by the
receipts of taxes levied as specified in Section 11-74.6-40 against the
taxable real property included in the area and any 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 into the special tax allocation fund
created under Section 11-74.6-35 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 of
moneys not required, pledged, earmarked, or otherwise designated for
payment and securing
of the obligations and anticipated redevelopment project costs,
and any excess funds shall be calculated annually and deemed to be
"surplus" funds. If a municipality applies or pledges only 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 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 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 but not to
exceed as to each such source the total incremental revenue received from
that source. The county collector shall subsequently distribute surplus
funds to the respective taxing districts in the same manner and proportion
as the most recent distribution by the county collector to the affected
taxing districts of real property taxes from real property in the
redevelopment project area.
Without limiting the foregoing provisions of this Section,
in addition to obligations secured by the special tax allocation fund, the
municipality may pledge, for a period not greater than the term of the
obligations, towards payment of those obligations any part or any
combination of the following: (i) net revenues of all or part of any
redevelopment project; (ii) taxes levied and collected on any or all real
property in the municipality; (iii) the full faith and credit of the
municipality; (iv) a mortgage on part or all of the redevelopment project;
or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge.
The obligations may be issued in one or more series bearing interest at
a rate or rates that the corporate authorities of the municipality
determine by ordinance. The obligations shall bear a date or dates,
mature at a time or times, not exceeding 20 years from their respective
issue dates, be in a denomination, carry registration privileges, be executed
in a manner, be payable in a medium of payment at a place or places,
contain covenants, terms and conditions, and be subject to redemption
as the ordinance provides. Obligations issued under this Law
may be sold at public or private sale at a price determined
by the corporate authority of the municipality. No referendum approval
of the electors shall be required as a condition for the issuance of
obligations under this Division, except as provided in this Section.
If the municipality authorizes issuance of obligations under
the authority of this Division secured by the full faith and credit of
the municipality, which obligations are other than obligations that may
be issued under home rule powers provided by Section 6 of Article VII
of the Illinois Constitution, or pledges taxes levied and collected on
real property in the municipality or pledges the full faith and credit of
the municipality, the ordinance authorizing the issuance of those
obligations or pledging those taxes or the municipality's full faith and
credit shall be published within 10 days after the ordinance has been
passed in one or more newspapers with general circulation within that
municipality. The publication of the ordinance shall be accompanied by a
notice of (i) the specific number of voters required to sign a petition
requesting the question of the issuance of those obligations or pledging
taxes to be submitted to the electors, (ii) the time
in which the petition must be filed, and (iii) 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 provided
in this Section, within 30 days after the publication of the ordinance,
the ordinance shall become effective. If, however, within that 30 day
period, a petition is filed with the municipal clerk, signed by electors
numbering not less than 10% 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 those 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 the petition is filed, shall submit the question at that
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 of the question, the ordinance
shall be effective, but if a majority of the electors voting upon the
question are not in favor of the question, the ordinance shall not take effect.
The ordinance authorizing the obligations may provide that the obligations
shall contain a recital that they are issued under this Law.
The recital shall be conclusive evidence of their validity and of the
regularity of their issuance.
In the event the municipality authorizes issuance of obligations under
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 of and interest on the obligations
as they mature. The levy may be in addition to and exclusive of the
maximum of all other taxes authorized to be levied by the municipality.
The levy, however, shall be abated to the extent that moneys from other
sources are available for payment of the obligations and the municipality
certifies the amount of those moneys available to the county clerk.
A certified copy of the 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 previously issued by the municipality under the authority
of this Law, whether at or before maturity, except that the
last maturity of the refunding obligations shall not be expressed to mature
later than
December 31 of the year in which the payment to the municipal
treasurer as provided in subsection (b) of Section 11-74.6-35 is to
be made with respect to ad valorem taxes levied in the twenty-third
calendar year after the year in which the ordinance approving the
redevelopment project area is adopted.
If 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 Law, retire those obligations
from funds in the special tax allocation fund in amounts and in the same manner
as if those obligations had been issued under the provisions of this Law.
No obligations issued under this Law shall be regarded as indebtedness of
the municipality issuing the obligations or any other taxing district for
the purpose of any limitation imposed by law.
(Source: P.A. 91-474, eff. 11-1-99.)
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65 ILCS 5/11-74.6-35
(65 ILCS 5/11-74.6-35)
Sec. 11-74.6-35. Ordinance for tax increment allocation financing.
(a) 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 within the redevelopment project
area by taxing districts and tax rates determined in the manner provided
in subsection (b) of Section 11-74.6-40 each year after the effective
date of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this Act
have been paid shall be divided as follows:
(1) That portion of the taxes levied upon each | | taxable lot, block, tract, or parcel of real property that is attributable to the lower of the current equalized assessed value or the initial equalized assessed value or the updated initial equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law without regard to the adoption of tax increment allocation financing.
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(2) That portion, if any, of those taxes that is
| | attributable to the increase in the current equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area, over and above the initial equalized assessed value or the updated initial equalized assessed value of each property in the project area, shall be allocated to and when collected shall be paid by the county collector to the municipal treasurer who shall deposit that portion of those taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of those costs and obligations. In any county with a population of 3,000,000 or more that has adopted a procedure for collecting taxes that provides for one or more of the installments of the taxes to be billed and collected on an estimated basis, the municipal treasurer shall be paid for deposit in the special tax allocation fund of the municipality, from the taxes collected from estimated bills issued for property in the redevelopment project area, the difference between the amount actually collected from each taxable lot, block, tract, or parcel of real property within the redevelopment project area and an amount determined by multiplying the rate at which taxes were last extended against the taxable lot, block, tract, or parcel of real property in the manner provided in subsection (b) of Section 11-74.6-40 by the initial equalized assessed value or the updated initial equalized assessed value of the property divided by the number of installments in which real estate taxes are billed and collected within the county, provided that the payments on or before December 31, 1999 to a municipal treasurer shall be made only if each of the following conditions are met:
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(A) The total equalized assessed value of the
| | redevelopment project area as last determined was not less than 175% of the total initial equalized assessed value.
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(B) Not more than 50% of the total equalized
| | assessed value of the redevelopment project area as last determined is attributable to a piece of property assigned a single real estate index number.
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(C) The municipal clerk has certified to the
| | county clerk that the municipality has issued its obligations to which there has been pledged the incremental property taxes of the redevelopment project area or taxes levied and collected on any or all property in the municipality or the full faith and credit of the municipality to pay or secure payment for all or a portion of the redevelopment project costs. The certification shall be filed annually no later than September 1 for the estimated taxes to be distributed in the following year.
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The conditions of paragraphs (A) through (C) do not apply after December
31, 1999 to payments to a municipal treasurer
made by a county with 3,000,000 or more inhabitants that has adopted an
estimated billing procedure for collecting taxes.
If a county that has adopted the estimated billing
procedure makes an erroneous overpayment of tax revenue to the municipal
treasurer, then the county may seek a refund of that overpayment.
The county shall send the municipal treasurer a notice of liability for the
overpayment on or before the mailing date of the next real estate tax bill
within the county. The refund shall be limited to the amount of the
overpayment.
(b) It is the intent of this Act that a municipality's own ad valorem
tax arising from levies on taxable real property be included in the
determination of incremental revenue in the manner provided in paragraph
(b) of Section 11-74.6-40.
(c) If a municipality has adopted tax increment allocation financing for a
redevelopment project area by
ordinance and the county clerk thereafter certifies the total initial
equalized assessed value or the total updated initial equalized
assessed value of the taxable real property within such redevelopment
project area in the manner provided in paragraph (a) or (b) of Section
11-74.6-40, each year after the date of the certification of the total
initial equalized assessed value or the total updated initial
equalized assessed value until redevelopment project costs and all
municipal obligations financing redevelopment project costs have been paid,
the ad valorem taxes, if any, arising from the levies upon the taxable real
property in the redevelopment project area by taxing districts and tax
rates determined in the manner provided in paragraph (b) of Section
11-74.6-40 shall be divided as follows:
(1) That portion of the taxes levied upon each
| | taxable lot, block, tract or parcel of real property that is attributable to the lower of the current equalized assessed value or the initial equalized assessed value, or the updated initial equalized assessed value of each parcel if the updated initial equalized assessed value of that parcel has been certified in accordance with Section 11-74.6-40, whichever has been most recently certified, of each taxable lot, block, tract, or parcel of real property existing at the time tax increment allocation financing was adopted in the redevelopment project area, shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law without regard to the adoption of tax increment allocation financing.
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(2) That portion, if any, of those taxes that is
| | attributable to the increase in the current equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area, over and above the initial equalized assessed value of each property existing at the time tax increment allocation financing was adopted in the redevelopment project area, or the updated initial equalized assessed value of each parcel if the updated initial equalized assessed value of that parcel has been certified in accordance with Section 11-74.6-40, shall be allocated to and when collected shall be paid to the municipal treasurer, who shall deposit those taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof.
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(d) The municipality may pledge in the ordinance the funds in and to be
deposited in the special tax allocation fund for the payment of
redevelopment project costs and obligations. No part of the current
equalized assessed value of each property in the redevelopment project
area attributable to any increase above the total initial equalized
assessed value
or the total initial updated equalized assessed value of the property,
shall be used in calculating the general State aid formula, provided
for in Section 18-8 of the School Code, or the evidence-based funding formula, provided for in Section 18-8.15 of the School Code, until all redevelopment project
costs have been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of financing
redevelopment project costs, that municipality may provide by ordinance for the
appointment of a trustee, which may be any trust company within the State,
and for the establishment of any funds or accounts to be maintained by
that trustee, as the municipality deems necessary to provide for the
security and payment of the bonds. If the municipality provides for
the appointment of a trustee, the trustee shall be considered the assignee
of any payments assigned by the municipality under that ordinance
and this Section. Any amounts paid to the trustee as
assignee shall be deposited into the funds or accounts established
under the trust agreement, and shall be held by the trustee in trust for the
benefit of the holders of the bonds. The holders of those bonds shall have a
lien on and a security interest in those funds or accounts while the
bonds remain outstanding and unpaid. Upon retirement of the bonds,
the trustee shall pay over any excess amounts held to the municipality for
deposit in the special tax allocation fund.
When the redevelopment projects costs, including without limitation all
municipal obligations financing redevelopment project costs incurred under
this Law, have been paid, all surplus funds then remaining in the
special tax allocation fund shall be distributed by being paid by the
municipal treasurer to the municipality and the county collector; first to
the municipality in direct proportion to the tax incremental revenue
received from the municipality, but not to exceed the total incremental
revenue received from the municipality, minus any annual surplus
distribution of incremental revenue previously made. Any remaining funds
shall be paid to the county collector who shall immediately distribute that
payment to the taxing districts in the redevelopment project area 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 situated in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of
obligations and the distribution of any excess moneys under this
Section, the municipality shall adopt an ordinance dissolving the special
tax allocation fund for the redevelopment project area and terminating the
designation of the redevelopment project area as a redevelopment project
area. Thereafter the tax levies of taxing districts shall be extended,
collected and distributed in the same manner applicable
before the adoption of tax increment allocation financing.
Municipality shall notify affected taxing districts prior to November if the
redevelopment project area is to be terminated by December 31 of that same
year.
Nothing in this Section shall be construed as relieving property in a
redevelopment project area from being assessed as provided in the Property
Tax Code or as relieving owners of that 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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65 ILCS 5/11-74.6-37
(65 ILCS 5/11-74.6-37)
Sec. 11-74.6-37.
Cancellation and repayment of tax benefits.
Any tax
abatement or
benefit granted by a taxing district under an agreement entered into under this
Act to a private individual or entity for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility shall be
cancelled if the individual or entity relocated its entire facility in
violation of the agreement, and the amount of the abatements or tax benefits
granted before the cancellation shall be repaid to the taxing district within
30 days, as provided in Section 18-183 of the Property Tax Code.
(Source: P.A. 89-591, eff. 8-1-96.)
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65 ILCS 5/11-74.6-40
(65 ILCS 5/11-74.6-40)
Sec. 11-74.6-40. Equalized assessed value determination; property tax
extension.
(a) If a municipality by ordinance provides for tax increment allocation
financing under Section 11-74.6-35, the county clerk immediately thereafter:
(1) shall determine the initial equalized assessed | | value of each parcel of real property in the redevelopment project area, which is the most recently established equalized assessed value of each lot, block, tract or parcel of taxable real property within the redevelopment project area, minus the homestead exemptions under Article 15 of the Property Tax Code; and
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(2) shall certify to the municipality the total
| | initial equalized assessed value of all taxable real property within the redevelopment project area.
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(b) Any municipality that has established a vacant industrial
buildings conservation area may, by ordinance passed after
the adoption of tax increment allocation financing, provide that the county
clerk immediately thereafter shall again determine:
(1) the updated initial equalized assessed value of
| | each lot, block, tract or parcel of real property, which is the most recently ascertained equalized assessed value of each lot, block, tract or parcel of real property within the vacant industrial buildings conservation area; and
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(2) the total updated initial equalized assessed
| | value of all taxable real property within the redevelopment project area, which is the total of the updated initial equalized assessed value of all taxable real property within the vacant industrial buildings conservation area.
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The county clerk shall certify to the municipality the total updated
initial equalized assessed value of all taxable real property within the
industrial buildings conservation area.
(c) After the county clerk has certified the total initial
equalized assessed value or the total updated initial equalized assessed
value of the taxable real property in the area, for each taxing district in
which a redevelopment project area is situated, the county clerk or any
other official required by law to determine the amount of the equalized
assessed value of all taxable property within
the district for the purpose of computing the percentage rate of tax to be
extended upon taxable property within the district, shall in every year
that tax increment allocation financing is in effect determine the total
equalized assessed value of taxable property in a redevelopment project area by
including in that amount the lower of the current equalized assessed value
or the certified total initial equalized assessed value or, if the total of
updated equalized assessed value has been certified, the total updated
initial equalized assessed value of all taxable real property in the
redevelopment project area. After he has certified the total initial
equalized assessed value he shall in the year of that
certification, if tax rates have not been extended, and in every subsequent
year that tax increment allocation financing is in effect, determine the
amount of equalized assessed value of taxable property in a redevelopment
project area by including in that amount the lower of the current total
equalized assessed value or the certified total initial equalized assessed
value or, if the total of updated initial equalized assessed values have been
certified, the total updated initial equalized assessed value of all taxable
real property in the redevelopment project area.
(d) The percentage rate of tax determined shall be extended on the
current equalized assessed value of all property in the redevelopment
project area in the same manner as the rate per cent of tax is extended to
all other taxable property in the taxing district. The method of extending
taxes established under this Section shall terminate when the municipality
adopts an ordinance dissolving the special tax allocation fund for the
redevelopment project area. This Law shall not be construed as relieving
property owners within a redevelopment project area from paying a uniform
rate of taxes upon the current equalized assessed value of their taxable
property as provided in the Property Tax Code.
(Source: P.A. 95-644, eff. 10-12-07.)
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65 ILCS 5/11-74.6-45
(65 ILCS 5/11-74.6-45)
Sec. 11-74.6-45.
Expenditure of certain revenues.
(a) Revenues received
by the municipality from any property, building or facility owned, leased
or operated by the municipality or any agency or authority established by
the municipality may be used to pay redevelopment project costs, or reduce
outstanding obligations of the municipality incurred
under this Law for redevelopment project costs. The municipality may
deposit those revenues into a special tax allocation fund. The fund shall
be held by the municipal treasurer or other person designated by the
municipality. Revenue received by the municipality from the sale or other
disposition of real property acquired by the municipality with the proceeds
of obligations funded by tax increment allocation financing shall be
deposited by the municipality into the special tax allocation fund.
(b) (Blank).
(Source: P.A. 91-474, eff. 11-1-99.)
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65 ILCS 5/11-74.6-50 (65 ILCS 5/11-74.6-50) Sec. 11-74.6-50. Report; sunset of authority. On or before the date which is 60 months following the
date
on which
this amendatory Act of 1994 becomes law, the Department shall submit to the
General Assembly a
report detailing the number of redevelopment project areas that have been
established, the number and type of jobs created or retained
therein, the aggregate amount of tax increment incentives provided, the
aggregate amount of private investment produced therein, the amount of tax
increment revenue produced and available for expenditure within the tax
increment financing districts and such additional
information
as the Department may determine to be relevant. On or after January 1, 2012 the authority
granted hereunder to municipalities to establish redevelopment
project areas and to adopt tax increment allocation financing in connection
therewith
shall expire unless the General Assembly shall have
authorized municipalities to continue to exercise said
powers. (Source: P.A. 96-1220, eff. 7-23-10.) |
65 ILCS 5/Art 11 prec Div 75
(65 ILCS 5/Art 11 prec Div 75 heading)
LEASE, SALE AND TRANSFER OF PUBLIC PROPERTY
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65 ILCS 5/Art. 11 Div. 75
(65 ILCS 5/Art. 11 Div. 75 heading)
DIVISION 75.
LEASE OF SPACE AROUND
MUNICIPAL BUILDINGS
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65 ILCS 5/11-75-1
(65 ILCS 5/11-75-1) (from Ch. 24, par. 11-75-1)
Sec. 11-75-1.
Every municipality has the power to lease the space above and
around buildings located on land owned or otherwise held by the
municipality to any person for any term not exceeding 99 years.
Every municipality has the power to lease, in the same manner and for a
similar term, any space over any street, alley, or other public place, in
the municipality, more than 12 feet above the level of the street, alley,
or other public place, to the person who owns the fee or a leasehold
estate, for a term not less than that of the proposed lease, in the
property on both sides of the portion of the street, alley, or other public
place so to be leased, whenever the corporate authorities of the
municipality are of the opinion that that space is not needed for street,
alley, or other public purpose, and that the public interest will be
subserved by such leasing. The leasing of such a space shall be authorized
by ordinance. In this ordinance the lease and its terms shall be set forth
with reasonable certainty.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-75-2
(65 ILCS 5/11-75-2) (from Ch. 24, par. 11-75-2)
Sec. 11-75-2.
The lease provided for in Section 11-75-1 by its terms shall
specify the purpose for which the leased space may be used. If the purpose
is to erect in the space a building above or around a building owned by the
municipality, the lease (1) shall contain a reasonably accurate description
of the building to be erected and of the manner in which it shall be
imposed upon or around the existing building of the municipality, (2) shall
contain a provision granting to the lessor municipality the option of
renting for municipal use from the lessee any part of the building to be
erected and stating the terms upon which this option may be exercised as
well as the rent which, after exercise of this option, shall be paid by the
municipality, and (3) shall contain a provision granting to the
municipality the option to purchase for municipal use the entire building
to be erected in the space leased and stating the terms upon which this
option may be exercised and the price which shall be paid for the building
by the municipality in the event it exercises its option to purchase.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-75-3
(65 ILCS 5/11-75-3) (from Ch. 24, par. 11-75-3)
Sec. 11-75-3.
Any building erected in the space leased, by exercise of the
power granted by Section 11-75-1, which is above or around buildings
located on land owned or otherwise held by the municipality shall be
operated, as far as practicable, separately and apart from any building
owned or operated by the municipality. No liability shall in any manner
attach to the municipality by reason of the erection or operation of the
building in the space so leased.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-75-4
(65 ILCS 5/11-75-4) (from Ch. 24, par. 11-75-4)
Sec. 11-75-4.
Such lease shall be signed in the name of the municipality by
the mayor or president and shall be attested by the municipal clerk under
the corporate seal. The lease shall also be executed by the lessee in such
manner as may be necessary to bind him. After being so executed, the lease
shall be duly acknowledged and thereupon shall be recorded in the office of
the recorder of the county in which is located the land involved
in the lease.
(Source: P.A. 83-358.)
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65 ILCS 5/11-75-5
(65 ILCS 5/11-75-5) (from Ch. 24, par. 11-75-5)
Sec. 11-75-5. If, in the judgment of the corporate authorities, the public
interest requires that any building erected in the leased space be removed
so that a street, alley, or public place may be restored to its original
condition, the lessor municipality may condemn the lessee's interest in the
leased space by proceeding in the manner provided for the exercise of the
right of eminent domain under the Eminent Domain Act. After payment of such damages as may be fixed in the
condemnation proceedings, the municipality may remove all buildings or
other structures from the leased space and restore the buildings adjoining
the leased space to their original condition.
(Source: P.A. 94-1055, eff. 1-1-07.)
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65 ILCS 5/Art. 11 Div. 76
(65 ILCS 5/Art. 11 Div. 76 heading)
DIVISION 76.
SALE OR LEASE OF REAL OR
PERSONAL PROPERTY
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65 ILCS 5/11-76-1
(65 ILCS 5/11-76-1) (from Ch. 24, par. 11-76-1)
Sec. 11-76-1.
Any city or village incorporated under any general or special
law which acquires or holds any real estate for any purpose whatsoever,
except real estate granted to a municipality as commons by a grant which
has been confirmed by the government of the United States, has the power to
lease the real estate for any term not exceeding 99 years, and to convey
the real estate when, in the opinion of the corporate authorities, the real
estate is no longer necessary, appropriate, required for the use of,
profitable to, or for the best interests of the city or village. This power
shall be exercised by an ordinance passed by three-fourths of the corporate
authorities of the city or village then holding office, at any regular
meeting or at any special meeting called for that purpose. However, the
corporate authorities have the power to authorize any municipal officer to
make leases for terms not exceeding 2 years in such manner as they may
determine. The disposition of real estate acquired pursuant to Section 6 of
the "Urban Community Conservation Act", approved July 13, 1953, as
heretofore and hereafter amended, and acquired pursuant to Sections 12,
22 and 31 of the "Urban Renewal Consolidation Act of 1961", enacted by the
Seventy-Second General Assembly, and acquired pursuant to Division 11-11
by a municipality as the Local Public Agency under an urban renewal project
as defined therein, shall be exempt from the requirements of this section.
(Source: Laws 1967, p. 3425.)
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65 ILCS 5/11-76-2
(65 ILCS 5/11-76-2) (from Ch. 24, par. 11-76-2)
Sec. 11-76-2.
An ordinance directing a sale, or a lease of real estate for
any term in excess of 20 years, shall specify the location of the real
estate, the use thereof, and such conditions with respect to further use of
the real estate as the corporate authorities may deem necessary and
desirable to the public interest. Before the corporate authorities of a
city or village make a sale, by virtue of such an ordinance, notice of the
proposal to sell shall be published once each week for 3 successive weeks
in a daily or weekly paper published in the city or village, or if there is
none, then in some paper published in the county in which the city or
village is located. The first publication shall be not less than 30 days
before the day provided in the notice for the opening of bids for the real
estate. The notice shall contain an accurate description of the property,
state the purpose for which it is used and at what meeting the bids will be
considered and opened, and shall advertise for bids therefor. All such bids
shall be opened only at a regular meeting of the corporate authorities. The
corporate authorities may accept the high bid or any other bid determined
to be in the best interest of the city or village by a vote of 3/4 of the
corporate authorities then holding office, but by a majority vote of those
holding office, they may reject any and all bids. The consideration for
such a sale may include but need not be limited to the provision of
off-street parking facilities by the purchaser, which parking facilities
may be made part of the municipal parking system. Such consideration also
may include the provision of other public facilities by the purchaser.
Before the corporate authorities of the city or village make a lease of
real estate for a term in excess of 20 years, they shall give notice of
intent to adopt such an ordinance. The notice must be published at least
once in a daily or weekly newspaper published in the city or village, and
if there is none, then in some paper published in the county in which the
city or village is located. The publication must be not less than 15 nor
more than 30 days before the date on which it is proposed to adopt such an
ordinance. The notice must contain an accurate description of the property,
state the purpose for which it is used and the restrictions upon the
proposed use of the property to be leased. The corporate authorities may
negotiate the consideration and terms of such lease. Such consideration may
include the provision of off-street parking facilities by the lessee, which
parking facilities may be made part of the municipal parking system. Such
consideration also may include the provision of other public facilities by
the lessee on the real estate acquired. The corporate authorities may
contract with the lessee for the use of a portion of a structure or
improvement to be constructed on the real estate leased.
If such real estate is utilized in part for private use and in part for
public use, those portions of the improvements devoted to private use are
fully taxable. The land shall be exempt from taxation to the extent that
the uses thereon are public and taxable to the extent that the uses are
private. The taxable portion of the land is that percentage of the land's
total assessed valuation that the private development thereon bears to the
total development thereon. Nothing in this Section prevents the corporate
authorities from determining to sell or lease such property to the highest
responsible bidder. The corporate authorities may provide by ordinance for
the procedure to be followed in securing bids for the sale or lease of the
subject property. The disposition of real estate acquired pursuant to (a)
Section 6 of the "Urban Community Conservation Act", approved July 13,
1953, as now or hereafter amended, (b) Sections 12, 22 and 31 of the "Urban
Renewal Consolidation Act of 1961", approved August 15, 1961, as now or
hereafter amended, or (c) Division 11 of this Article by a municipality as
the Local Public Agency under an urban renewal program as defined therein,
is exempt from the requirements of this Section. Additionally, leases to
persons or corporations of municipally-owned or operated airport lands,
buildings, structures or other facilities for the shelter, servicing,
manufacturing and repair of aircraft, aircraft parts or accessories, or for
receiving and discharging passengers and, or cargo, are exempt from the
requirements of this Section.
(Source: Laws 1968, p. 519.)
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65 ILCS 5/11-76-3
(65 ILCS 5/11-76-3) (from Ch. 24, par. 11-76-3)
Sec. 11-76-3.
When the ordinance has been adopted and the consideration
paid or secured, as provided in Section 11-76-2, the mayor, or president,
and the municipal clerk, may convey the real estate and transfer it, by
proper deed of conveyance, stating therein the consideration therefor, with
the seal of the city or village.
(Source: Laws 1967, p. 3435.)
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65 ILCS 5/11-76-4
(65 ILCS 5/11-76-4) (from Ch. 24, par. 11-76-4)
Sec. 11-76-4.
Whenever a city or village incorporated under any general or
special law, other than a city or village of 500,000 or more population,
owns any personal property which in the opinion of a simple majority of the
corporate authorities then holding office, is no longer necessary or useful
to, or for the best interests of the city or village, such a majority of
the corporate authorities then holding office, at any regular meeting or at
any special meeting called for that purpose, (1) by ordinance may authorize
the sale of that personal property in such manner as they may designate,
with or without advertising the sale, or (2) may authorize any municipal
officer to convert that personal property into some other form that is
useful to the city or village by using the material in the personal
property, or (3) may authorize any municipal officer to convey or turn in
any specified article of personal property as part payment on a new
purchase of any similar article. However, no article shall be turned in as
part of the purchase price on any purchase except upon receipt of
competitive bids, in such manner as may be prescribed by ordinance, after
notice to all bidders that the article will be turned over as part of the
purchase price.
In cities or villages of 500,000 or more population, the sale of any
such personal property shall be governed by the provisions of Division 10
of Article 8.
(Source: P.A. 88-355.)
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65 ILCS 5/11-76-4.1
(65 ILCS 5/11-76-4.1) (from Ch. 24, par. 11-76-4.1)
Sec. 11-76-4.1.
Sale of surplus real estate.
The corporate
authorities of a municipality by resolution may authorize the sale or public
auction of
surplus public real estate. The value of the real estate shall be
determined by a written MAI certified appraisal or by a written certified
appraisal of a State certified or licensed real estate appraiser. The
appraisal shall be available for public inspection. The resolution may direct
the sale to be conducted by the staff of the municipality; by
listing
with local licensed real estate agencies, in which case the terms of the
agent's compensation shall be included in the resolution; or by public
auction. The resolution
shall be published at the first opportunity following its passage in a
newspaper published in the municipality or, if none, then in a newspaper
published in the county where the municipality is located. The resolution
shall also contain pertinent information concerning the size, use, and
zoning of the real estate and the terms of sale. The corporate authorities
may accept any contract proposal determined by them to be in the best
interest of the municipality by a vote of two-thirds of
the
corporate authorities then holding office, but in no event at a price
less
than 80% of the appraised value.
(Source: P.A. 88-355; 89-78, eff. 6-30-95.)
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65 ILCS 5/11-76-4.2
(65 ILCS 5/11-76-4.2) (from Ch. 24, par. 11-76-4.2)
Sec. 11-76-4.2.
Surplus property; alternative method of sale.
(a) This Section applies to any municipality with a population of less
than 20,000 which is situated wholly or partially within a county that has
an unemployment rate, as determined by the Illinois Department of
Employment Security, higher than the national unemployment average, as
determined by the U.S. Department of Labor, for at least one month during
the 6 months preceding the adoption of a resolution to sell real estate
under this Section.
(b) If a municipality has either (1) adopted an ordinance to sell
surplus real estate under Section 11-76-2 and has received no bid on a
particular parcel or (2) adopted a resolution to sell surplus real estate
under Section 11-76-4.1 and has received no acceptable offer on a
particular parcel within 6 months after adoption of the resolution, then
that parcel of surplus real estate may be sold in the manner set forth in
subsection (c) of this Section.
(c) If the requirements of subsections (a) and (b) of this Section are
met, then the corporate authorities may, by resolution, authorize the sale
of a parcel of surplus public real estate in either of the following
manners: (1) by the staff of the municipality; (2) by listing with local
licensed real estate agencies; or (3) by public auction. The terms of the
sale, the compensation of the agent, if any, the time and the place of the
auction, if applicable, a legal description of the property and its size,
use and zoning shall be included in the resolution. The resolution shall
be published once each week for 3 successive weeks in a daily or weekly
newspaper published in the municipality or, if none, in a newspaper
published in the county in which the municipality is located. No sale may
be conducted until at least 30 days after the first publication. The
corporate authorities may accept any offer or bid determined by them to be
in the best interest of the municipality by a vote of three-fourths of the
corporate authorities then holding office.
(Source: P.A. 86-331.)
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65 ILCS 5/11-76-5
(65 ILCS 5/11-76-5) (from Ch. 24, par. 11-76-5)
Sec. 11-76-5.
If, in the opinion of the corporate authorities of a
municipality with a population not exceeding 100,000 which is situated upon
the banks of a navigable river, the land owned by the municipality for the
purpose of a public landing or public levee, is not immediately required
for that purpose, the municipality may lease, for a period not exceeding 25
years, such parts of the landing or levee as the corporate authorities
think best, for the purpose of erecting manufactories, warehouses, or grain
elevators thereon.
No lease specified in this section shall take effect until approved by a
resolution or ordinance of the corporate authorities of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-76-6
(65 ILCS 5/11-76-6) (from Ch. 24, par. 11-76-6)
Sec. 11-76-6.
The corporate authorities of each municipality may enter into
a lease for a period of not to exceed 5 years for such equipment and
machinery as may be required for corporate purposes when authorized by the
affirmative vote of two-thirds of the corporate authorities.
(Source: Laws 1961, p. 2841.)
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65 ILCS 5/Art. 11 Div. 76.1
(65 ILCS 5/Art. 11 Div. 76.1 heading)
DIVISION 76.1.
PURCHASE OR LEASE OF REAL OR
PERSONAL PROPERTY
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65 ILCS 5/11-76.1-1
(65 ILCS 5/11-76.1-1) (from Ch. 24, par. 11-76.1-1)
Sec. 11-76.1-1.
The corporate authorities of each municipality having a
population of less than 500,000 inhabitants have the power by ordinance
adopted by an affirmative vote of two-thirds of the elected corporate
authorities then holding office:
(i) To purchase or lease real or personal property for public purposes
pursuant to contracts or leases which provide for the consideration for
such purchase or lease to be paid in annual installments during a period
not exceeding 20 years;
(ii) To lease as lessee and to purchase real property or personal
property for public purposes pursuant to a lease or purchase agreement
which lease or purchase agreement may provide that the municipality may, at
its option, purchase the property which is subject to the agreement or
lease upon terms wherein payments previously made, or a portion of them,
are deducted from the purchase price of the property as provided for in
such lease or agreement.
A municipality, having adopted and filed with the municipal clerk such
installment or lease agreement, executed by officers of the municipality,
may issue debt certificates to any person either in lieu of or in evidence
of the amounts payable under such lease or installment agreement. Such
certificates may contain such terms as are provided for the issuance of
bonds generally under Section 10 of the Local Government Debt Reform Act, as
now or hereafter amended, except to the extent such terms expressly
conflict with limitations set forth in this Division. Cash proceeds
received upon issuance of such certificates shall be duly applied to the
acquisition and construction and payment for the real or personal property
which is the subject of such installment or lease agreement.
(Source: P.A. 85-1419.)
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65 ILCS 5/11-76.1-2
(65 ILCS 5/11-76.1-2) (from Ch. 24, par. 11-76.1-2)
Sec. 11-76.1-2.
Whenever and as often as a municipality enters into a
lease or purchase agreement, the governing body of such municipality
shall provide by ordinance for the levy and collection of a direct
annual tax sufficient to pay the annual installments or rent provided
for by any such lease or agreement as and when it becomes due and
payable. A certified copy of the lease or agreement as entered into by
the municipality and a certified copy of the tax levy ordinance of such
municipality providing for the levy and collection of a direct annual
tax sufficient to pay the annual installments of such lease or agreement
shall be filed in the office of the County Clerk of each county in which
any portion of the territory of such municipality is situated, which
certified copies shall constitute the authority for the clerk or clerks
in each case to extend the taxes annually necessary to pay the annual
installments payable under any such lease or agreement as and when the
same become due and payable.
Upon such filing in the office of the County Clerk, or clerks, of the
proper county, it shall be the duty of such County Clerk, or clerks, to
ascertain the rate per cent which, upon the value of all property
subject to taxation within the municipality as that property is assessed
or equalized by the Department of Revenue will produce
a net amount of not less than the amount of the annual installments
provided for in such lease or agreement. The County Clerk, or clerks,
shall thereupon and thereafter annually extend taxes against all of the
taxable property contained in that municipality sufficient to pay the
annual installments provided for in such lease or agreement. Such tax
shall be levied and collected in like manner with the other taxes of
such municipality and shall be in addition and in excess of all other
taxes now or hereafter authorized to be levied by that municipality.
This tax shall not be included within any statutory limitation of rate
or amount for that municipality but shall be excluded therefrom and be
in addition thereto and in excess thereof. The funds realized from such
tax levy shall be set aside for the payment of the annual rent and shall
not be disbursed for any other purpose until the annual installment has
been paid in full.
Notwithstanding anything in this Code to the contrary, each
municipality may enter into leases and agreements as provided herein and
such leases or agreements may be made and the obligation and expense
thereunder incurred without making a previous appropriation therefor.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-76.1-3
(65 ILCS 5/11-76.1-3) (from Ch. 24, par. 11-76.1-3)
Sec. 11-76.1-3.
After the ordinance providing for the lease or purchase
of real or personal property has been passed, it shall be published at
least twice within 30 days after its passage in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which no
newspaper is published, publication may instead be made by posting a notice
in 3 prominent places within the municipality. The ordinance shall not
become effective until 30 days after its second publication.
(Source: P.A. 87-767.)
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65 ILCS 5/11-76.1-4
(65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
Sec. 11-76.1-4.
Whenever a petition signed by the electors of any
specified municipality equal in number to 10% or more of the total number
of registered voters in the municipality, is filed
with the municipal clerk of any such municipality which has
adopted an ordinance pursuant to the powers granted in Section 11-76.1-1
of this Code, and such petition has been filed with the clerk of the
municipality within 30 days of the second publication of the notice
required in Section 11-76.1-3 of this Code which notice shall include (1)
the specific number of voters required to sign the petition; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum, the corporate authorities
shall order the submission of the question to the
municipal electors and designate the election at which the
question shall be submitted. The municipal clerk shall certify the question
to the proper election authority. The municipal clerk shall provide
a petition form to any individual requesting one.
The proposition shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance passed by the city council (or board of YES trustees, etc.) of (name of municipality) on (insert date), - - - - - - - - - - - - - - - - - - - - - - - - - - - -
entitled ............., which provides (stating the nature of the proposed ordinance), become NO effective? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the questions are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-76.1-1.
This amendatory Act of 1975 is not a limit on any municipality which
is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/Art. 11 Div. 76.2
(65 ILCS 5/Art. 11 Div. 76.2 heading)
DIVISION 76.2.
EXCHANGE OF REAL ESTATE
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65 ILCS 5/11-76.2-1
(65 ILCS 5/11-76.2-1) (from Ch. 24, par. 11-76.2-1)
Sec. 11-76.2-1.
A public hearing on a proposal to exchange real estate
shall be held, pursuant to a 3/4 vote of the members of the corporate authorities
of a municipality then holding office. No exchange of real estate shall
be made unless such a public hearing is held prior to the agreement being entered into.
(Source: P.A. 81-858.)
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65 ILCS 5/11-76.2-2
(65 ILCS 5/11-76.2-2) (from Ch. 24, par. 11-76.2-2)
Sec. 11-76.2-2.
Upon action being duly adopted pursuant to Section 11-76.2-1
above, a public hearing shall be held by the corporate authorities at a
time and place to be designated by them upon such proposal, pursuant to
notice of public hearing duly published in a newspaper of general circulation
published in said municipality or if no such newspaper
is so published then in a newspaper published in the county in which said
municipality is wholly or partially situated that has a general circulation
in said municipality. Said notice shall be so published not less than 15
days nor more than 30 days prior to the date of the hearing; and shall set
forth a legal description of the property or properties to be so exchanged,
as well as the property or properties that the municipality is to receive
through such exchange, and the proposed terms and conditions otherwise of such exchange.
(Source: P.A. 81-858.)
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65 ILCS 5/11-76.2-3
(65 ILCS 5/11-76.2-3) (from Ch. 24, par. 11-76.2-3)
Sec. 11-76.2-3.
After the conclusion of said public hearing, the corporate
authorities of the municipality may by a 3/4 vote of the corporate authorities
then holding office authorize the exchange as proposed, or as modified as
they may find desirable after the holding of the hearing.
In case an exchange is so authorized, the authorization shall be by ordinance,
wherein findings shall be made as follows: (1) that the premises to be conveyed
by the municipality under such exchange, in the opinion of the city council
or board of trustees are no longer needed by the municipality for the public
interest; (2) that the premises to be received by the municipality under
such exchange will prove useful to the municipality and will be for the
public interest; and (3) that the total value of the substitutional premises
is approximately equal to or exceeds the value of the premises for which
same are being exchanged, as determined by the corporate authorities, taking
into consideration the long term best interest of the public.
(Source: P.A. 81-858.)
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65 ILCS 5/11-76.2-4
(65 ILCS 5/11-76.2-4) (from Ch. 24, par. 11-76.2-4)
Sec. 11-76.2-4.
When the ordinance has been adopted, an exchange agreement
entered into and consideration
secured, as provided under such authorized exchange, the mayor or president,
and the municipal clerk, may convey the real estate to be given by the municipality
under such exchange and transfer same, by proper deed of conveyance, stating
therein the consideration therefor, with the seal of the municipality.
(Source: P.A. 81-858.)
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65 ILCS 5/Art. 11 Div. 77
(65 ILCS 5/Art. 11 Div. 77 heading)
DIVISION 77.
LEASES WITH STATE AND FEDERAL
GOVERNMENTS
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65 ILCS 5/11-77-1
(65 ILCS 5/11-77-1) (from Ch. 24, par. 11-77-1)
Sec. 11-77-1.
The corporate authorities in every municipality, incorporated
under any law of this state, have the power, by ordinance:
(1) To convey, grant, transfer, or sell to the United | | States of America, or to any proper agency thereof, any real or personal property owned by the municipality, upon such terms as may be agreed upon by the corporate authorities, or in consideration of a grant or loan of money by the United States of America, or any agency thereof, for the construction, extension, or improvement of any public works project or municipal building;
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(2) To lease from the United States of America, or
| | any proper agency thereof, any real or personal property for use for any municipal purpose, for any period of time not exceeding 50 years, with or without an option to buy the property and with or without a clause to the effect that title to the leased property shall vest in the municipality at the expiration of the lease;
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(3) To pay for the use of this leased property in
| | accordance with the terms of the lease; and
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(4) To authorize any municipal official to enter into
| | such a lease and to sign it on behalf of the municipality, and to execute any deed or other evidence of transfer of title on behalf of the municipality, to effect or evidence any exercise of the powers granted by this section.
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Such a lease may be entered into without making a
| | previous appropriation for the expense thereby incurred, notwithstanding the prohibitions contained in Sections 8-1-6 and 8-1-7. An obligation to pay incurred under such a lease shall not be an indebtedness of the municipality within the meaning of any constitutional or statutory limitation upon municipal indebtedness, but the obligation shall be a current expense of the year in which it is paid.
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(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-77-2
(65 ILCS 5/11-77-2) (from Ch. 24, par. 11-77-2)
Sec. 11-77-2.
The corporate authorities of each municipality may donate,
sell, lease, or convey any land heretofore acquired to the State
or any
agency thereof, to be used as a site for an armory for the National Guard
or Naval Militia, and to acquire land for these purposes. No municipality,
however, shall have any power to divert any gift, grant or legacy from the
specific purpose designated by any donor.
(Source: P.A. 83-388.)
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65 ILCS 5/Art. 11 Div. 78
(65 ILCS 5/Art. 11 Div. 78 heading)
DIVISION 78.
LEASING PROPERTY FOR SCHOOL
PURPOSES
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65 ILCS 5/11-78-1
(65 ILCS 5/11-78-1) (from Ch. 24, par. 11-78-1)
Sec. 11-78-1.
Any city or village, whether incorporated under a general or
special law, which holds any real or personal estate which has been
conveyed to it for school or academy purposes by ordinance or resolution of
the corporate authorities may convey that real or personal estate to the
school officers, authorized to hold it, for the use of the school district
in which the real or personal estate is situated, by proper deeds of
conveyance executed by the proper officers of the municipality, under the
corporate seal thereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-78-2
(65 ILCS 5/11-78-2) (from Ch. 24, par. 11-78-2)
Sec. 11-78-2.
If any real estate conveyed by virtue of Section 11-78-1
ceases at any time to be used for school purposes for a period of 3 years,
the school officers, holding the title to the real estate, shall convey the
real estate back to the grantor municipality to be by it thereafterwards
held, enjoyed, and disposed of as other corporate property. A provision
expressing this condition shall be inserted in every deed made by a
municipality under Section 11-78-1. Such a reconveyance may be compelled
and enforced by any taxpayer of the grantor municipality by proper
proceedings to be instituted by him for that purpose.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-78-3
(65 ILCS 5/11-78-3) (from Ch. 24, par. 11-78-3)
Sec. 11-78-3.
If real or personal estate is under the control of trustees,
appointed or elected by virtue of any general or special law of this state,
when it is conveyed as specified in Section 11-78-1, the duties of those
trustees in relation thereto shall cease, and they shall immediately settle
and adjust all matters relating to the trust estate and make a report to
the proper authority of their acts. Upon the approval of this report the
trustees shall be released and discharged from the further performance of
duty in that behalf. All money which may remain in the municipal treasury
to the credit of any fund connected with the use of such real or personal
estate, while so held by the municipality, shall be used by the
municipality for any lawful corporate purpose.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-78-4
(65 ILCS 5/11-78-4) (from Ch. 24, par. 11-78-4)
Sec. 11-78-4.
When authorized by ordinance, any municipality incorporated
under a special charter, holding title to or having an interest in any real
estate, may sell and convey the real estate, or the municipality's interest
therein, to the trustee of the schools of the township or other county
board of school trustees as the case may be in which the real estate is
situated, to be used as a school site for the school district in which the
real estate is situated. The conveyance shall be made by a proper deed or
conveyance, executed by the corporate authorities of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 79
(65 ILCS 5/Art. 11 Div. 79 heading)
DIVISION 79.
PUBLIC BUILDING COMMISSION LEASES
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65 ILCS 5/11-79-1
(65 ILCS 5/11-79-1) (from Ch. 24, par. 11-79-1)
Sec. 11-79-1.
In addition to all the rights and powers conferred on any
municipality under this Code or any other Acts to acquire, under lease or
otherwise, any real or personal property for corporate purposes, the
corporate authorities in every municipality, incorporated under any law of
this state, have the power by ordinance:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955, as
heretofore and hereafter amended, any real or personal property for any
of its corporate purposes, for any period of time not exceeding 20 years.
(2) To pay for the use of the leased property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore and hereafter amended.
(3) Such lease may be entered into without making a previous
appropriation for the expense thereby incurred, notwithstanding the
provisions contained in Sections 8-1-6, 8-1-7 and 8-2-1 through 8-2-8.
However, if the corporate authorities of any municipality undertake to pay
all or any part of the costs of operating and maintaining the property of a
public building commission as authorized in subsection (4) of this section,
such expenses of operation and maintenance shall be included in the annual
appropriation ordinance of such municipality annually during the term of
such undertaking.
(4) In addition, the corporate authorities in every municipality may
undertake, either in the lease with a public building commission or by
separate agreement or contract with a public building commission, to pay
all or any part of the costs of maintaining and operating the property of a
public building commission for any period of time not exceeding 20 years.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art 11 prec Div 80
(65 ILCS 5/Art 11 prec Div 80 heading)
STREETS AND PUBLIC WAYS
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65 ILCS 5/Art. 11 Div. 80
(65 ILCS 5/Art. 11 Div. 80 heading)
DIVISION 80.
GENERAL POWERS OVER
STREETS AND PUBLIC WAYS
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65 ILCS 5/11-80-1
(65 ILCS 5/11-80-1) (from Ch. 24, par. 11-80-1)
Sec. 11-80-1.
All provisions of this Code relating to the control of streets,
alleys, sidewalks and all other public ways are subject to the provisions
of "The Illinois Vehicle Code", as now and hereafter
amended, and the Illinois Highway Code, as now and hereafter amended.
(Source: P.A. 81-840.)
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65 ILCS 5/11-80-2
(65 ILCS 5/11-80-2) (from Ch. 24, par. 11-80-2)
Sec. 11-80-2.
The corporate authorities of each municipality may regulate
the use of the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-2a
(65 ILCS 5/11-80-2a) (from Ch. 24, par. 11-80-2a)
Sec. 11-80-2a.
In areas zoned for residential use, the corporate authorities
may restrict part of each street for "residents parking only".
(Source: P.A. 79-545.)
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65 ILCS 5/11-80-3
(65 ILCS 5/11-80-3) (from Ch. 24, par. 11-80-3)
Sec. 11-80-3.
The corporate authorities of each municipality may prevent
and remove encroachments or obstructions upon the streets and other
municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-4
(65 ILCS 5/11-80-4) (from Ch. 24, par. 11-80-4)
Sec. 11-80-4.
The corporate authorities of each municipality may provide
for the lighting of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-5
(65 ILCS 5/11-80-5) (from Ch. 24, par. 11-80-5)
Sec. 11-80-5.
The corporate authorities of each municipality, with
the concurrence of two-thirds of all of the alderpersons, trustees or
commissioners elected therein, may levy and collect annually, in
addition to all other taxes now authorized by law, a tax of not to
exceed .05% of the value, as equalized or assessed by the Department of
Revenue, of the taxable property in the municipality,
to be used exclusively for the purpose of lighting streets. The tax
authorized by this Section is in addition to taxes for general corporate
purposes authorized by Section 8-3-1.
The foregoing tax rate limitation, insofar as it is applicable to
municipalities of less than 500,000 population, may be increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/11-80-6
(65 ILCS 5/11-80-6) (from Ch. 24, par. 11-80-6)
Sec. 11-80-6.
The corporate authorities of each municipality may provide
for the cleaning of streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-7
(65 ILCS 5/11-80-7) (from Ch. 24, par. 11-80-7)
Sec. 11-80-7.
The corporate authorities of each municipality may regulate
the openings in streets and other municipal property for the laying,
building, repairing, and removing of gas or water mains and pipes, or
sewers, tunnels, and drains and may erect gas lights.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-8
(65 ILCS 5/11-80-8) (from Ch. 24, par. 11-80-8)
Sec. 11-80-8.
The corporate authorities of each municipality may regulate
the use of the space over the streets, alleys, other municipal property,
and public places of the city, and upon payment of proper compensation, to
be fixed by ordinance, may permit the use of the space more than 12 feet
above the level of such streets, alleys, property or places, except for
purely private uses.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-9
(65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
Sec. 11-80-9.
The corporate authorities of each municipality may prevent
and regulate all amusements and activities having a tendency to annoy or
endanger persons or property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable organization, as defined in Section 2 of the Charitable Games Act, from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met.
(1) The persons to be engaged in the solicitation are | | law enforcement personnel, firefighters, or other persons employed to protect the public safety of a local agency, and that are soliciting solely in an area that is within the service area of that local agency.
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| (2) The charitable organization files an application
| | with the municipality having jurisdiction over the location or locations where the solicitation is to occur. The application shall be filed not later than 10 business days before the date that the solicitation is to begin and shall include all of the following:
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| (A) The date or dates and times of day when the
| | solicitation is to occur.
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| (B) The location or locations where the
| | solicitation is to occur along with a list of 3 alternate locations listed in order of preference.
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| (C) The manner and conditions under which the
| | solicitation is to occur.
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| (D) Proof of a valid liability insurance policy
| | in the amount of at least $1,000,000 insuring the charity or local agency against bodily injury and property damage arising out of or in connection with the solicitation.
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| The municipality shall approve the application within 5 business days after the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this Section and are based on articulated public safety concerns. If the municipality determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past crash history, then the municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. By acting under this Section, a local agency does not waive or limit any immunity from liability provided by any other provision of law.
For purposes of this Section, "local agency" means a municipality, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois.
A home rule unit may not regulate a charitable organization in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 102-982, eff. 7-1-23 .)
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65 ILCS 5/11-80-10
(65 ILCS 5/11-80-10) (from Ch. 24, par. 11-80-10)
Sec. 11-80-10.
The corporate authorities of each municipality may regulate
and prevent the depositing of ashes, offal, dirt, garbage, or any other
offensive matter in, and to prevent injury to streets, alleys, or other
municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-11
(65 ILCS 5/11-80-11) (from Ch. 24, par. 11-80-11)
Sec. 11-80-11.
The corporate authorities of each municipality may provide
for and regulate cross-walks, curbs, and gutters. However, after the
effective date of this amendatory Act of 1973, all new curbs which are provided
for by any municipality, and all existing curbs which are a part of any
reconstruction, within any block which is contiguous to any highway and in
which more than 50% of the territory is devoted to or zoned for business,
commercial or industrial use shall comply with this Section. In order to
enable persons using wheelchairs to travel freely and without assistance,
at each cross-walk a ramp with non-slip surface shall be built into the
curb so that the sidewalk and street blend to a common level. Such ramp
shall conform to the standards adopted by the Capital Development Board
in accordance with the Environmental Barriers Act. Where because of surrounding
buildings or other restrictions it is impossible to conform the slope with
this requirement, the ramp shall contain a slope with as shallow a rise as
possible under the circumstances. In all ramps there shall be a gradual
rounding at the bottom of the slope.
(Source: P.A. 86-447.)
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65 ILCS 5/11-80-12
(65 ILCS 5/11-80-12) (from Ch. 24, par. 11-80-12)
Sec. 11-80-12.
The corporate authorities of each municipality may authorize
the construction of and may regulate mills, mill-races, and feeders on,
through, or across the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-80-13
(65 ILCS 5/11-80-13) (from Ch. 24, par. 11-80-13)
Sec. 11-80-13.
The corporate authorities of each municipality may regulate
the use of sidewalks, the construction, repair, and use of openings in
sidewalks, and all vaults and structures thereon and thereunder, including
telephone booths, and may require the owner or occupant of any premises to
keep the sidewalks abutting the premises free from snow and other
obstructions.
(Source: Laws 1963, p. 2430.)
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65 ILCS 5/11-80-14
(65 ILCS 5/11-80-14) (from Ch. 24, par. 11-80-14)
Sec. 11-80-14.
The corporate authorities of each municipality may regulate
and prevent the use of streets, sidewalks, and public property for signs,
sign posts, awnings, awning posts, telegraph poles, watering places, racks,
posting handbills and advertisements.
(Source: Laws 1961, p. 576.)
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