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| Public Act 093-1037 |
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AN ACT in relation to economic development.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Property Tax Code is amended by adding | ||||
Section 18-181 as
follows:
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(35 ILCS 200/18-181 new)
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Sec. 18-181. Abatement of neighborhood redevelopment | ||||
corporation property.
The county clerk shall abate the property | ||||
taxes imposed on the property of a
neighborhood redevelopment | ||||
corporation as provided in Section 15-5 of the
Neighborhood | ||||
Redevelopment Corporation Law.
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Section 10. The Neighborhood Redevelopment Corporation Law | ||||
is amended by
changing Sections 3-11, 4, 15, and 17 and by | ||||
adding Section 15-5 as follows:
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(315 ILCS 20/3-11) (from Ch. 67 1/2, par. 253-11)
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Sec. 3-11. "Slum and Blight Areas" means those urban | ||||
districts in which the
major portion of the housing is | ||||
detrimental to the health, safety, morality
or welfare of the | ||||
occupants by reason of age, dilapidation, overcrowding,
faulty | ||||
arrangement, lack of ventilation, light or sanitation | ||||
facilities, or
any combination of these factors.
In St. Clair | ||||
County, "slum and blighted area" also means any area of not | ||||
less
in the
aggregate than 2 acres located within the | ||||
territorial limits of a municipality
where
buildings or | ||||
improvements, by reason of dilapidation, obsolescence,
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overcrowding, faulty
arrangement or design, lack of | ||||
ventilation, light and sanitary facilities,
excessive land
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coverage, deleterious land use or layout or any combination of | ||||
these factors,
are
detrimental to the public safety, health, | ||||
morals, or welfare.
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(Source: Laws 1947, p. 685.)
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(315 ILCS 20/4) (from Ch. 67 1/2, par. 254)
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Sec. 4. Creation
and establishment of redevelopment | ||
commissions.
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(a) Any city, village or incorporated town shall have the | ||
power to
provide
for the creation of a Redevelopment Commission | ||
to supervise and regulate
Neighborhood Redevelopment | ||
Corporations organized pursuant to the
provisions of this Act | ||
to operate within the boundaries of such city,
village or | ||
incorporated town.
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(1) Except as provided in subdivision (a)(2), such | ||
Redevelopment
Commission shall consist
of not less than | ||
three nor more than five members, one of which members
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shall be designated as its chairman, to be appointed by the | ||
mayor of the
city, by and with the advice and consent of | ||
the city council of the city,
or by the president of the | ||
village or incorporated town, as the case may
be, by and | ||
with the advice and consent of the board of trustees of the
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village or incorporated town. Each member of the | ||
Redevelopment Commission
shall hold office for a term of | ||
two years and until his successor shall be
appointed and | ||
qualified. Any vacancy in the membership of the | ||
Redevelopment
Commission occurring by reason of the death, | ||
resignation, disqualification,
inability or refusal to act | ||
of any of the members thereof shall be filled
by | ||
appointment by the mayor or president, as the case may be, | ||
by and with
the advice and consent of the city council of | ||
the city or board of trustees
of the village or | ||
incorporated town, as the case may be.
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(2) In St. Clair County, the Redevelopment Commission | ||
shall consist
of
either 5 or 7 appointed members as | ||
determined by the mayor. The mayor and each
member of
the | ||
city
council may nominate a person to fill each position on | ||
the Redevelopment
Commission.
The president of the village | ||
or
incorporated town, as the case may
be, and each member | ||
of the board of trustees of the village or incorporated
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town
may nominate a person to fill each position on the | ||
Redevelopment Commission.
Each nominee must be a person of | ||
recognized ability and
experience in one or more of the | ||
following areas: economic development;
finance; banking; | ||
industrial development; small business management; real
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estate development; community development; venture | ||
finance; organized labor; or
civic, community, or | ||
neighborhood organization.
A nominated person shall be | ||
appointed to the Redevelopment
Commission only
upon a | ||
majority vote of the city council or the board of trustees | ||
of the
village or
incorporated town, as the case may be. | ||
Only one person may fill each open
position on the | ||
Redevelopment Commission. One of the appointed members | ||
shall
be designated as the chairman of the Redevelopment | ||
Commission by a majority
vote of the city council or the | ||
board of trustees of the village or
incorporated
town, as | ||
the case may be. Only one member may serve as chairman at | ||
any given
time.
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The initial terms of members of the Redevelopment | ||
Commission appointed
under
this subdivision (a)(2) shall | ||
be as follows: for a Commission consisting of 5
members: 2
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terms for 3 years, 2 terms for 2 years, and one term for | ||
one year; for a
Commission
consisting of 7 members: 3 terms | ||
for 3 years, 3 terms for 2 years, and one term
for 1 year.
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The length of the term of the first Commissioners shall be | ||
determined by lots
at their first
meeting. The initial | ||
terms of office of members who are to hold office
shall | ||
continue
until the July 1 that next follows the expiration | ||
of the respective periods
from the date of
the appointment | ||
of the member, and until his or her successor is appointed | ||
and
qualified.
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Each subsequent Commissioner appointed under this | ||
subdivision (a)(2) shall
hold
office for a term of 4 years | ||
and until his or her successor is appointed
and qualified.
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The unexpired term of
any
vacancy in the membership of | ||
the Redevelopment Commission occurring by
reason of the | ||
death, resignation, disqualification, inability, or | ||
refusal to
act of any
of the members thereof shall be | ||
filled in the same manner as the vacated
position
was | ||
filled.
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In addition to the 5 or 7 appointed members,
the | ||
Director of Commerce and Economic Opportunity, or his or | ||
her designee, and
the Secretary of Transportation, or his | ||
or her designee, shall serve as ex
officio non-voting | ||
members.
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(b) No person holding stocks or Mortgages in any | ||
Neighborhood
Redevelopment
Corporation, or who is in any other | ||
manner directly or indirectly
pecuniarily interested in such | ||
Neighborhood Redevelopment Corporation, or
in the Development | ||
undertaken by it, shall be appointed as a member of, or
be | ||
employed by, that Redevelopment Commission to whose | ||
supervision and
regulation such Neighborhood Redevelopment | ||
Corporation is subject. If any
such member or employee shall | ||
voluntarily become so interested his office
or employment shall | ||
ipso facto become vacant. If any such member or
employee | ||
becomes so interested otherwise than voluntarily he shall | ||
within
ninety days divest himself of such interest and if he | ||
fails to do so his
office or employment shall become vacant.
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(c) The Redevelopment Commission shall have power, subject | ||
to the
approval
of the city council of the city, or of the | ||
president and the board of
trustees of the village or | ||
incorporated town, as the case may be, to
appoint a secretary | ||
and from time to time to employ such accountants,
engineers, | ||
architects, experts, inspectors, clerks and other employees | ||
and
fix their compensation.
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(d) Each member of the Redevelopment Commission shall | ||
receive such
salary as
shall be fixed by the city council of | ||
the city, or by the president and the
board of trustees of the | ||
village or incorporated town, as the case may be,
and said city | ||
council or president and board of trustees shall have power
to | ||
provide for the payment of the salaries of all members and the | ||
expenses
of the Redevelopment Commission.
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(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/15) (from Ch. 67 1/2, par. 265)
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Sec. 15.
Taxation of Neighborhood Redevelopment | ||
Corporations.
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Except as provided in Section 15-5, Neighborhood | ||
Redevelopment
Corporations organized under this Act,
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notwithstanding their function in the Redevelopment of Slum and | ||
Blight or
Conservation Areas, shall be subject to the same | ||
taxation, general and
special, as to their assets, tangible and | ||
intangible, and as to their
capital stock, as is imposed by law | ||
upon the assets and capital stock of
private corporations for | ||
profit organized pursuant to the laws of this
State.
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(Source: Laws 1953, p. 1138.)
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(315 ILCS 20/15-5 new)
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Sec. 15-5. Property tax abatement; limitation.
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(a) Once the requirements of this Section have been | ||
complied with, except as
otherwise provided in this Section, | ||
the general real estate taxes imposed on
the real
property | ||
located in St. Clair County of a neighborhood redevelopment
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corporation or its immediate successor and acquired pursuant to | ||
this
Law
shall be abated
for a
period not in excess of 10 years | ||
after the
date upon
which the corporation becomes owner of that | ||
real property.
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(b) General real estate taxes may be imposed and collected, | ||
however, to the
extent
and in
the amount as may be imposed upon | ||
that real property during that period
measured
solely by the | ||
amount of the assessed valuation of the land, exclusive of
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improvements,
acquired pursuant to this Law and owned by the | ||
neighborhood redevelopment
corporation or its immediate | ||
successor,
as was determined by the county, township, or | ||
multi-township assessor, for
real estate taxes
due and
payable | ||
thereon during the calendar year preceding the calendar year | ||
during
which the
corporation acquired title to the real | ||
property. The assessed valuation
shall
not be increased during | ||
that period so long as the real property is owned by a
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neighborhood redevelopment corporation or its immediate | ||
successor and used in
accordance with a
development
plan | ||
authorized by the Redevelopment Commission under this Law.
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(c) If, however, the real property was exempt from general | ||
real estate taxes
immediately
prior to ownership by any | ||
neighborhood redevelopment corporation, the county,
township, | ||
or multi-township assessor shall, upon acquisition of title
by
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the
neighborhood redevelopment corporation, promptly assess | ||
the land, exclusive of
improvements, at a valuation that | ||
conforms to but does not exceed the assessed
valuation made | ||
during the preceding calendar year of other land, exclusive of
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improvements, that is adjacent or in the same general | ||
neighborhood, and the
amount of
that assessed valuation shall | ||
not be increased during the period set pursuant
to
subsection
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(a) so long as the real property is owned by a neighborhood
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redevelopment
corporation or its immediate successor and used | ||
in accordance with a
development plan authorized by the
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Redevelopment Commission.
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(d) For the next ensuing period not in excess of 15 years, | ||
general real
estate taxes
upon that
real property shall be
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abated in an amount not to exceed 50% of the taxes imposed by | ||
each taxing
district
so long as the real property is owned by a
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neighborhood
redevelopment corporation or its immediate | ||
successor and used in accordance
with an authorized development
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plan.
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(e) After a period totaling not more than 25 years, the | ||
real property shall
be subject to
assessment and payment of all | ||
real estate taxes, based on the full fair cash
value of
the | ||
real
property.
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(f) The tax abatement authorized by this Section shall not
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become
effective unless the governing body of the city, | ||
village, or
incorporated town in
which the property is located | ||
does all of the following:
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(1) Furnishes each taxing district whose boundaries | ||
for real estate
taxation purposes include any portion of | ||
the real property to be affected by
the
tax
abatement with | ||
a written statement of the impact on real estate
taxes the | ||
tax abatement will have on those taxing districts
and
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written notice of the hearing to be held in accordance with | ||
subdivision (f)(2).
The
written statement and notice | ||
required by this subdivision (f)(1) shall be
furnished
as | ||
provided by local ordinance before the hearing and shall | ||
include, but need
not
be limited to, an estimate of the | ||
amount of real estate tax revenues of each
taxing district | ||
that will be affected by the proposed tax
abatement, based | ||
on the estimated assessed valuation of the real property
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involved as the property would exist before and after it is | ||
redeveloped.
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(2) Conducts a public hearing regarding the tax | ||
abatement.
At
the hearing all taxing districts described in | ||
subdivision (f)(1)
have
the right to be heard on the grant | ||
of any tax abatement.
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(3) Enacts an ordinance that provides for expiration of | ||
the
tax abatement.
The ordinance shall provide for a
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duration of time within which the real property must be | ||
acquired and may allow
for
acquisition of property under | ||
the plan in phases.
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(g) Notwithstanding any other provision of law to the | ||
contrary, payments
in lieu
of taxes may be imposed by contract | ||
between a city, village, or incorporated
town and a
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neighborhood redevelopment corporation or its immediate | ||
successor that receives
a tax abatement
on
property pursuant to | ||
this Section. The payments shall be made to the county
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collector of
the county by December 31 of each year payments | ||
are due. The
governing
body of
the city, village, or | ||
incorporated town shall furnish the collector with a copy
of
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any such
contract requiring payment in lieu of taxes. The | ||
collector shall allocate all
revenues
received from the payment | ||
in lieu of taxes among all taxing districts whose
real estate | ||
tax
revenues are affected by the abatement on the same pro rata | ||
basis
and in the
same manner as the real estate tax revenues | ||
received by each taxing
district
from that property in the year | ||
the payments are due.
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(315 ILCS 20/17) (from Ch. 67 1/2, par. 267)
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Sec. 17. Acquisition of property and construction subject | ||
to
approval - Application for and issuance of certificates of | ||
convenience
and necessity). No Neighborhood Redevelopment | ||
Corporation shall acquire title to any
Real Property, or any | ||
interest therein except by way of unexercised
option, or | ||
institute any Development without making written
application | ||
to the Redevelopment Commission for approval of the proposed
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Development Plan in the manner hereinafter prescribed, and | ||
without securing
the certificate of convenience and necessity | ||
to be
issued by the Redevelopment Commission upon the | ||
conditions hereinafter
mentioned.
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(1) The application of a Neighborhood Redevelopment | ||
Corporation for
approval of its proposed Development Plan shall | ||
contain:
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(a) The legal description of the proposed Development Area | ||
and the
description thereof by city blocks, street and number, | ||
if any.
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(b) A statement of the character of the estates in Real | ||
Property to
be acquired by the Neighborhood Redevelopment | ||
Corporation.
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(c) A statement showing the present use of the Real | ||
Property in the
proposed Development Area, the zoning | ||
restrictions, if any, thereon, and
the private restrictions, if | ||
any, of record, and that no interest in
Real Property in the | ||
proposed Development Area is to be acquired because
of the | ||
race, color, creed, national origin or sex of any person owning | ||
or
claiming an interest in that Real Property.
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(d) A statement of the existing buildings or improvements | ||
in the
Development Area, if any, which are to be demolished.
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(e) A statement of the existing buildings or improvements, | ||
if any,
in the Development Area which are not to be immediately | ||
demolished and
the approximate period of time within which the | ||
demolition, if any, of
each such building or improvement is to | ||
take place.
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(f) A statement of the proposed improvements, if any, of | ||
each
building, if any, not to be demolished immediately, and | ||
any proposed
repairs or alterations of such buildings.
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(g) A statement of the type, number and character of each | ||
new
industrial, commercial, residential, public or other | ||
building or
improvement to be erected or made.
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(h) A metes and bounds description of that portion of the | ||
proposed
Development Area to be devoted for a park, playground | ||
or recreation
center for the use of the Development, the | ||
specific use to which such
portion is to be put and the manner | ||
in which it shall be improved.
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(i) A statement of those portions, if any, of the proposed
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Development Area (other than the portions to be devoted for a | ||
park,
playground or recreation center for the use of the | ||
Development) to be
left as open land area and the manner in | ||
which such portions, if any,
shall be maintained.
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(j) A statement of recommended changes, if any, in the | ||
zoning
ordinances, necessary or desirable for the Development | ||
and its
protection against blighting influences.
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(k) A statement of recommended changes, if any, in streets | ||
or street
levels and of recommended vacations, if any, of | ||
streets, alleys, or
other public spaces.
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(l) A statement in detail of the estimated Development Cost | ||
and of
the proposed method of financing the Development, | ||
sufficient to give
assurance that the Neighborhood | ||
Redevelopment Corporation will be able
to complete and operate | ||
the Development.
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(m) An estimate of the periods of time within which, after | ||
the
approval of the Development Plan, the Neighborhood | ||
Redevelopment
Corporation will be able to initiate and to | ||
complete its Development, excepting
unexpected delays not
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caused by it.
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(n) A statement of the character, approximate number of | ||
units,
approximate rentals and approximate date of | ||
availability of the proposed
dwelling accommodations, if any, | ||
to be furnished during construction and
upon completion of the | ||
Development.
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(o) Such other statements or material as the applicant | ||
Neighborhood
Redevelopment Corporation deems relevant, | ||
including recommendations for
the Redevelopment of one or more | ||
areas contiguous to the proposed
Development Area.
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(2) No certificate of convenience and necessity shall be | ||
issued by
the Redevelopment Commission upon application by a | ||
Neighborhood
Redevelopment Corporation except upon the | ||
fulfillment of the following
conditions:
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(a) That the Neighborhood Redevelopment Corporation has | ||
filed with
the Redevelopment Commission a bond, in form and | ||
with surety or sureties
satisfactory to the Redevelopment | ||
Commission, in the penal sum of ten
per centum of the estimated | ||
Development Cost as set out in the
application of the | ||
Neighborhood Redevelopment Corporation but in no
event to | ||
exceed $10,000.00, payable to the city, village or incorporated
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town creating the Redevelopment Commission, the payment to be | ||
deposited
in the general corporate fund of such city, village | ||
or incorporated
town, the bond to be conditioned upon the | ||
initiation and completion of
the Development within the | ||
respective time limits, or authorized
extensions thereof, | ||
prescribed by the Redevelopment Commission.
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(b) That the Neighborhood Redevelopment Corporation has | ||
agreed in
writing to incorporate in its instruments of sale, | ||
conveyance, transfer,
lease or assignment such restrictions as | ||
the Redevelopment Commission
may by rule, pursuant to paragraph | ||
1 of Section 25 of this Act, impose
as to the type of | ||
construction, use, landscape and architectural design
of the | ||
Development.
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(c) That the Neighborhood Redevelopment Corporation, other | ||
than for
or in a Conservation Area, has agreed in writing to | ||
devote as a minimum
ten per centum of the Development Area for | ||
a park, playground or
recreation center for the use of the | ||
Development (the site or sites for
which shall be determined by | ||
the Redevelopment Commission), to provide
adequate financial | ||
arrangements for defraying the upkeep thereof during
its | ||
corporate existence, and to place thereon, in the manner | ||
prescribed
by subparagraph (b) of paragraph 2 of this Section, | ||
such use
restrictions as the Development Commission may by rule | ||
impose; Provided,
that in determining the proportion of open | ||
land area required by any
zoning ordinance compared to the land | ||
area used for building purposes,
the portion so devoted for | ||
park, playground or recreation center shall
be counted as open | ||
land area.
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(d) That the Neighborhood Redevelopment Corporation has | ||
agreed in
writing that in selling, leasing and managing all | ||
Real Property subject
to the plan there will be no | ||
discrimination against any person on
account of race, color, | ||
creed, national origin or sex.
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(e) That the Redevelopment Commission shall, after the | ||
public
hearing provided by paragraph 1 of Section 18 of this | ||
Act, have made the
determinations provided in paragraph 3 of | ||
this Section 17, either
originally or after the application has | ||
been remanded upon judicial
review.
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(3) The Redevelopment Commission, before the issuance of | ||
the
certificate of convenience and necessity to a Neighborhood | ||
Redevelopment
Corporation, shall determine that:
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(a) The Development Area is within an area which, under the
| ||
conditions existing at the time, is a Slum and Blight or | ||
Conservation
Area as defined by this Act and that no interest | ||
in Real Property in the
proposed Development Area is to be | ||
acquired because of the race, color,
creed, national origin or | ||
sex of any person owning or claiming any interest
in that Real | ||
Property.
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(b) The Redevelopment of the Development Area in accordance | ||
with the
Development Plan is designed to effectuate the public | ||
purposes declared
in Section 2 of this Act.
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(c) The Development Plan conforms to the zoning ordinances, | ||
if any,
applicable to the Development Area, and further | ||
conforms to the official
plan of the city, village or | ||
incorporated town wherein the Development
Area is located, or, | ||
in the absence of such an official plan, to the
plan, if any, | ||
adopted by the Plan Commission, if any, of such city,
village | ||
or incorporated town as evidenced by a report on such adopted
| ||
plan prepared by such Plan Commission and on file with the | ||
Redevelopment
Commission.
| ||
(d) Public facilities, including, but not limited to, fire | ||
and
police protection, and recreation, are presently adequate, | ||
or will be
adequate at the time that the Development is ready | ||
for use, to service
the Development Area.
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(e) The execution of the Development Plan will not cause | ||
undue
hardship to the families, if any, occupying dwelling | ||
accommodations in
the Development Area, to such a degree as to | ||
outweigh the public use
defined in Section 2 of this Act to be | ||
achieved through the
Redevelopment of such Development Area.
| ||
(f) The estimated Development Cost of the Development is | ||
sufficient
for the proposed Redevelopment.
| ||
(g) Other than in or for a Conservation Area, no portion, | ||
greater by
ten per centum in area, of the Development Area is | ||
designed by the
Development Plan for use other than residential | ||
except in those
instances wherein the Plan Commission, if any, | ||
of the city, village or
incorporated town concerned, has filed | ||
with the Redevelopment
Commission, pursuant to paragraph 1 of | ||
Section 18 of this Act, an
advisory report recommending a | ||
greater portion by area than ten per
centum, in which | ||
instances, no portion, greater than that so
recommended, of the | ||
Development Area is designed by the Development Plan
for use | ||
other than residential.
| ||
(h) The conditions prescribed by paragraph 2 of this | ||
Section have
been fulfilled.
| ||
(4) No certificate of convenience and necessity shall be | ||
issued by a
Redevelopment Commission in St. Clair County | ||
without the approval, by a
majority vote,
of the city council | ||
or the board of trustees of the village or
incorporated town, | ||
as
the case may be, in which the Development Area is located.
| ||
(Source: P.A. 81-266.)
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