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2-45-120 Reserved.
Editor’s note – Coun. J. 11-14-18, p. 90308, Art. I, § 19, repealed § 2-45-120, which pertained to the affordable rental housing data bank – subscription fees.
2-45-130 Participation by eligible persons in eligible programs.
   (a)   With respect to each Eligible Program (as defined in paragraph (b) below), Eligible Persons (as defined in paragraph (b) below) shall not be subject to the restrictions of Section 2-156-110, but only as that section pertains to the participation of said Eligible Persons under such Eligible Program.
   (b)   As used in this section:
      (i)   "Eligible Programs" shall mean (1) programs administered by the Department (or by delegate agencies or other entities with funds provided, in whole or in part, by the Department) which provide various forms of economic assistance (including, but not limited to, land write-downs and financial assistance in the form of grants, loans, fee waivers and tax credits) directly to individuals who are tenants in residential buildings in the City or are owner-occupants of one- to four-unit residential buildings in the City (including individuals who are owner-occupants of a condominium unit in the City), or which provide for the rehabilitation of one- to four-unit residential buildings in the City (including one to four condominium units, without regard to the total number of condominium units in the building); and (2) rental subsidy assistance for very low-income households (as "very low-income" may be defined by United States Department of Housing and Urban Development), provided by the Department through The Chicago Low-Income Housing Trust Fund, an Illinois not-for-profit corporation, or through another entity selected by the Commissioner, and which is paid directly to owners of residential buildings in the City.
      (ii)   With respect to each Eligible Program, "Eligible Persons" shall mean employees and appointed officials of the City (other than those persons described in the next succeeding sentence) who meet the eligibility requirements to participate under such Eligible Program. With respect to each Eligible Program, the following employees and appointed officials of the City shall not constitute "Eligible Persons" for such Eligible Program: any employee or appointed official who, during his/her tenure of employment or appointment, respectively, by the City (1) exercises or has exercised any contract management authority with respect to such Eligible Program, (2) is or was in a position to participate in a decision-making process with respect to such Eligible Program, or with respect to a specific project entered into pursuant to such Eligible Program, or (3) gains or has gained confidential information with regard to such Eligible Program.
      (iii)   If an employee or appointed official of the City qualifies as an "Eligible Person" pursuant to paragraph (ii) above, the following shall also qualify as "Eligible Persons": (1) such employee’s or official’s spouse or domestic partner, and (2) any entity in which such employee or official has a "financial interest" (as defined in Section 2-156-010).
   (c)   The Commissioner is authorized to promulgate rules and prepare forms to effectuate the purposes of this section in conformity, to the extent applicable, with subsection (b) of Section 2-45-040.
(Added Coun. J. 11-17-10, p. 106597, Art. IX, § 1; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 2; Amend Coun. J. 11-14-18, p. 90308, Art. I, § 20)
2-45-140 Fee waivers for Class 8 MICRO projects.
   (a)   The following fees shall be waived in connection with any permit or review application for any project receiving a Class 8 MICRO Classification pursuant to the State of Illinois MICRO Act (35 ILCS 45/110-1, et seq.), Section 74-65 of the County ordinance and a City ordinance designating such project area:
      1.   All fees for permits issued by the City’s Department of Water Management;
      2.   All fees for permits issued by the City’s Department of Buildings under Chapter 11-12, Chapter 11-16, Chapter 11-18, and Article XIII of Chapter 13-20 of this Code;
      3.   All fees for permits issued by the City’s Department of Public Health under Chapter 11-4 of this Code;
      4.   All fees for permits issued by the City’s Fire Department under Chapter 15-16 of this Code;
      5.   All fees issued by the Chicago Department of Transportation for permits related to construction in the public way under Chapter 10-20, or public way use under Chapters 10-28 and 10-29 of this Code;
      6.   All fees required under Section 17-13-0103 of the Chicago Zoning Ordinance;
      7.   The Part II review fee required for planned developments under Section 17-13-0610 of the Chicago Zoning Ordinance; and
      8.   The fee to review and process a request for minor change approval required under Section 17-13-0611-D of the Chicago Zoning Ordinance.
   (b)   In addition to the fee waivers specified in subsection (a) of this section, any generally applicable fee waiver authorized under this Code may be granted in connection with any permit or review application for any qualifying project receiving a Class 8 MICRO Classification pursuant to the State of Illinois MICRO Act (35 ILCS 45/110-1, et seq.), Section 74-65 of the County ordinance and a City ordinance designating such project area.
(Added Coun. J. 10-30-24, p. 19677, § 8)
Editor’s note – Coun. J. 11-14-18, p. 90308, Art. I, § 21, repealed former § 2-45-140, which pertained to federally assisted housing preservation.
2-45-150 Reserved.
Editor’s note – Coun. J. 11-14-18, p. 90308, Art. I, § 22, repealed § 2-45-150, which pertained to condominium conversion of subsidized rental property.
2-45-155 Tax increment financing (T.I.F.) Sunshine ordinance.
   The following T.I.F.-related documents for each active T.I.F. district shall be made publicly available on the Department’s website:
   1.   The ordinances establishing each T.I.F. district, including all attachments, and any amendments thereto;
   2.   The ordinances authorizing each T.I.F. redevelopment agreement, including any attachments, any amendments thereto and accompanying Economic Disclosure Statements;
   3.   Written staff reports presented to the Community Development Commission related to T.I.F.- funded projects;
   4.   T.I.F. overviews prepared by the Department and annual reports prepared pursuant to 65 ILCS 5/11-74.4-5(d);
   5.   City-issued Certificates of Completion and any required annual employment certifications prepared pursuant to T.I.F. redevelopment agreements.
   All such ordinances as described in (1) and (2) above shall be made available on the City of Chicago website within seven business days of their publication in the Journal of the Proceedings of the City Council of the City of Chicago. All such documents as described in (3), (4) and (5) above shall be made available on the Department’s website within fourteen business days of their completion in final form.
   The T.I.F. documents described above for T.I.F. districts established from and after July 30, 2004 will similarly be made available by July 30, 2009.
   The Department of Housing and Economic Development shall create and maintain an online and searchable database for public consumption on the City of Chicago Data Portal for every private project funded by any active TIF district starting with fiscal year 2009 in the City of Chicago within one year of the issuance of a final certificate of completion. The database shall be made available by July 1, 2014. The database shall include the following information:
   1.   Project location by address and ward
   2.   Total budget of project approved by City Council
   3.   Total TIF subsidy
   4.   Total TIF subsidy as a percentage of project budget approved by City Council
   5.   Date of approval by the Community Development Commission
   6.   Date of issuance of the final certificate of completion
   7.   Jobs covenant, if applicable
   8.   Compliance with jobs covenant during the first year after the issuance of a final certificate of completion
   9.   Compliance with MBE/WBE and City residency commitments, if applicable
   10.   Pre-development property tax due for the PINs listed in the redevelopment agreement, in the year prior to the date of approval by the Community Development Commission
   11.   Post-development property tax generated due for the PINs listed in the redevelopment agreement, in the third year after the issuance of a final certificate of completion
   12.   Affordable housing units completed, if applicable
   13.   For projects approved by the Community Development Commission after the date of enactment, green matrix (sustainable) requirements, if applicable.
(Added Coun. J. 11-17-10, p. 106597, Art. IX, § 1; Amend Ord. 7-24-13, p. 57328, § 1; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 2; Amend Coun. J. 11-14-18, p. 90308, Art. I, § 23)
2-45-160 Redevelopment agreement and reporting requirements for Cook County tax incentive classifications.
   (a)   For the purposes of this section, “tax incentive classification” means the following Cook County tax incentive classifications requiring City approval: Class 6b; Class 6b (special circumstances); Class 6b TEERM; Class 6b SER; Class 6b CEERM; Class 7a; Class 7b; Class 7c; Class 7d; Class 8; Class 8 TEERM; and Class 8 CEERM.
   (b)   For each application seeking City approval of a tax incentive classification filed on or after November 1, 2020, each applicant shall enter into a redevelopment agreement with the City as a condition of the City supporting such tax incentive classification. A substantially final version of each such redevelopment agreement shall be attached to the ordinance or resolution seeking approval of a tax incentive classification.
   (c)   In the event that the applicant breaches such redevelopment agreement required under this section, the City may pursue a revocation of the tax incentive classification in accordance with applicable law.
   (d)   Beginning August 1, 2021, each applicant who has received City approval of a tax incentive classification subject to subsection (b) of this section shall submit to the Department an annual report no later than August 1 of each year, which shall include:
      (1)   An affidavit from the applicant detailing the current status of the project and certification that it meets any obligations or compliance requirements specified in the ordinance or resolution adopted by the City approving such tax incentive classification or any redevelopment agreement entered into by the City and applicant, as applicable;
      (2)   A jobs report providing anonymized information on each employee, including their status as full-time or part-time; the ZIP code of the employee's primary residency; and the employee's total employment tenure in months;
      (3)   Any reports, affidavits, or other statements required to be filed with Cook County or the Cook County Assessor for the applicable annual period; and
      (4)   Such other reports as may be specified in the ordinance or resolution adopted by the City approving the tax incentive classification, any redevelopment agreement entered into by the City and the applicant, or as may be otherwise agreed to in writing by the applicant in connection therewith.
   (e)   Upon receipt of the annual reports and sworn statements required under this section, the Department shall forward such reports and sworn statements, no later than October 1 of each year to the Committee on Economic, Capital and Technology Development and the alderman of each ward in which the applicable property receiving the tax incentive classification is located.
(Added Coun. J. 9-9-20, p. 20063, § 1; Amend Coun. J. 10-27-21, p. 39525, § 3; Amend Coun. J. 9-18-24, p. 16421, § 1)
2-45-165 Revocation of property tax incentives.
   (a)   Purpose and definitions.
      (1)   This section establishes the process and procedure for the City to exercise its authority under Section 74-73 of the Cook County Tax Incentive Ordinance, Classification System for Assessment, to request revocation of certain Cook County tax incentive classifications, including Class 6b; Class 6b (special circumstances); Class 6b TEERM; Class 6b SER; Class 6b CEERM; Class 7a; Class 7b; Class 7c; Class 7d; Class 8; Class 8 TEERM and Class 8 CEERM.
      (2)   For purposes of this section, "Committee" means the Committee on Economic, Capital and Technology Development.
   (b)   Notice. Following the referral to the Committee of a resolution calling for revocation of a property tax incentive, the Committee shall provide written notice to the applicable taxpayer. Such notice must: (i) include a copy of the filed resolution and the date of the hearing conducted pursuant to subsection (d) of this section, and (ii) be given to the applicable taxpayer no less than 15 days prior to any hearing conducted pursuant to subsection (d) of this section.
   (c)   Recommendation. The Commissioner shall review each proposed resolution calling for revocation of a property tax incentive and forward a recommendation on the proposal to the Committee before the Committee's public hearing.
   (d)   Hearing and final action. The Committee must hold a public hearing on all resolutions calling for revocation of property tax incentives in accordance with this section to afford the taxpayer or their representative an opportunity to be heard.
   (e)   Review and decision-making criteria. The act of revoking a property tax incentive is a legislative action that must be made in the best interests of the public health, safety, and general welfare, while also recognizing the rights of individual taxpayers. In reviewing and making decisions on proposed resolutions to revoke a property tax incentive, factors that the Committee may consider include, but are not limited to, the following:
      (i)   The circumstances outlined in Section 74-73 of the Cook County Code, and failure to comply with the requirements of Sections 74-71 or 74-72 of the Cook County Code;
      (ii)   Failure to adequately maintain or invest in the project in order to meet, or cause to be met, the stated redevelopment objectives or as otherwise required under any applicable redevelopment agreement between the City and the taxpayer;
      (iii)   Failure to submit any reports required to be submitted to the county or the City under applicable law or any redevelopment agreement between the City and the taxpayer;
      (iv)   An event of default under any applicable redevelopment agreement between the City and the taxpayer; or
      (v)   Failure to comply with any applicable environmental laws or regulations if such environmental laws or regulations are considered in issuing the applicable tax incentive.
   (f)   Notice to County Board. Following the effective date of a resolution calling for revocation of a property tax incentive, the City Clerk shall forward a copy of such resolution to the Board of Commissioners of Cook County.
(Added Coun. J. 10-7-20, p. 21319, § 1; Amend Coun. J. 9-18-24, p. 16421, § 1)