State of Illinois
90th General Assembly
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90_SB0399

      65 ILCS 5/11-74.4-3       from Ch. 24, par. 11-74.4-3
      65 ILCS 5/11-74.4-4       from Ch. 24, par. 11-74.4-4
          Amends the Tax Increment Allocation Redevelopment Act  in
      the  Illinois  Municipal  Code.   Requires each redevelopment
      plan  to  include  a  commitment  to  fair   employment,   an
      affirmative  action plan, a fair housing impact study, and an
      affordable housing impact study.  Sets forth the requirements
      for  the  studies.      Includes   in   the   definition   of
      "redevelopment  project costs" relocation costs to be paid in
      accordance with the federal Uniform Relocation Assistance and
      Real Property Acquisition Policies Act of 1970.   Requires  a
      municipality to pay an owner of residential property that the
      municipality  acquired  by eminent domain an amount in excess
      of the fair market value  as  compensatory  damages  for  the
      involuntary  nature of the loss. Requires the municipality to
      commission as part of a TIF eligibility study, an  affordable
      housing  study that includes certain provisions.  Makes other
      changes.
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                                               LRB9002107DNmb
 1        AN ACT to amend the Illinois Municipal Code  by  changing
 2    Sections 11-74.4-3 and 11-74.4-4.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    changing Sections 11-74.4-3 and 11-74.4-4 as follows:
 7        (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
 8        Sec.   11-74.4-3.   Definitions.   The  following  terms,
 9    wherever used or referred to in this Division 74.4 shall have
10    the following respective  meanings,  unless  in  any  case  a
11    different meaning clearly appears from the context.
12        (a)  "Blighted  area"  means  any improved or vacant area
13    within the boundaries of a redevelopment project area located
14    within the territorial limits of the municipality  where,  if
15    improved, industrial, commercial and residential buildings or
16    improvements,  because  of  a combination of 5 or more of the
17    following   factors:   age;    dilapidation;    obsolescence;
18    deterioration; illegal use of individual structures; presence
19    of   structures   below  minimum  code  standards;  excessive
20    vacancies;   overcrowding   of   structures   and   community
21    facilities;  lack   of   ventilation,   light   or   sanitary
22    facilities;  inadequate  utilities;  excessive land coverage;
23    deleterious land use  or  layout;  depreciation  of  physical
24    maintenance;  lack  of  community planning, is detrimental to
25    the public safety, health, morals or welfare, or  if  vacant,
26    the  sound growth of the taxing districts is impaired by, (1)
27    a combination of 2 or more of the following factors: obsolete
28    platting of the vacant land; diversity of ownership  of  such
29    land;  tax and special assessment delinquencies on such land;
30    flooding on all or part of such vacant land; deterioration of
31    structures or site improvements in neighboring areas adjacent
                            -2-                LRB9002107DNmb
 1    to the vacant land, or (2)  the  area  immediately  prior  to
 2    becoming vacant qualified as a blighted improved area, or (3)
 3    the  area consists of an unused quarry or unused quarries, or
 4    (4) the area consists of unused  railyards,  rail  tracks  or
 5    railroad  rights-of-way,  or  (5)  the  area,  prior  to  its
 6    designation,  is  subject to chronic flooding which adversely
 7    impacts on real property in the area  and  such  flooding  is
 8    substantially  caused  by  one  or more improvements in or in
 9    proximity  to  the  area  which  improvements  have  been  in
10    existence for at least 5 years, or (6) the area  consists  of
11    an  unused  disposal  site, containing earth, stone, building
12    debris  or  similar  material,  which   were   removed   from
13    construction,  demolition, excavation or dredge sites, or (7)
14    the area is not less than 50 nor more than 100 acres and  75%
15    of  which  is vacant, notwithstanding the fact that such area
16    has been used for commercial agricultural purposes  within  5
17    years  prior  to the designation of the redevelopment project
18    area, and which area  meets  at  least  one  of  the  factors
19    itemized  in  provision  (1)  of this subsection (a), and the
20    area has been designated as  a  town  or  village  center  by
21    ordinance  or  comprehensive plan adopted prior to January 1,
22    1982, and the area has not been developed for that designated
23    purpose.
24        (b)  "Conservation area" means any improved  area  within
25    the boundaries of a redevelopment project area located within
26    the  territorial  limits  of the municipality in which 50% or
27    more of the structures in the area have an age of 35 years or
28    more.  Such an  area is not yet a blighted area  but  because
29    of  a  combination  of  3  or  more of the following factors:
30    dilapidation; obsolescence;  deterioration;  illegal  use  of
31    individual  structures;  presence of structures below minimum
32    code    standards;    abandonment;    excessive    vacancies;
33    overcrowding of structures and community facilities; lack  of
34    ventilation,   light   or   sanitary  facilities;  inadequate
                            -3-                LRB9002107DNmb
 1    utilities; excessive land coverage; deleterious land  use  or
 2    layout;   depreciation   of  physical  maintenance;  lack  of
 3    community planning, is  detrimental  to  the  public  safety,
 4    health,  morals  or  welfare  and  such  an area may become a
 5    blighted area.
 6        (c)  "Industrial park" means an area  in  a  blighted  or
 7    conservation  area  suitable  for  use  by any manufacturing,
 8    industrial,  research  or   transportation   enterprise,   of
 9    facilities to include but not be limited to factories, mills,
10    processing   plants,   assembly   plants,   packing   plants,
11    fabricating    plants,   industrial   distribution   centers,
12    warehouses, repair overhaul or  service  facilities,  freight
13    terminals,  research  facilities, test facilities or railroad
14    facilities.
15        (d)  "Industrial park conservation area"  means  an  area
16    within the boundaries of a redevelopment project area located
17    within  the  territorial  limits  of a municipality that is a
18    labor surplus municipality or  within  1  1/2  miles  of  the
19    territorial  limits of a municipality that is a labor surplus
20    municipality if the area  is  annexed  to  the  municipality;
21    which  area  is zoned as industrial no later than at the time
22    the municipality by ordinance  designates  the  redevelopment
23    project  area,  and  which  area  includes  both  vacant land
24    suitable for use as an industrial park and a blighted area or
25    conservation area contiguous to such vacant land.
26        (e)  "Labor surplus municipality" means a municipality in
27    which,  at  any  time  during  the  6   months   before   the
28    municipality  by  ordinance  designates  an  industrial  park
29    conservation  area, the unemployment rate was over 6% and was
30    also 100% or more of the national average  unemployment  rate
31    for  that  same  time  as  published  in  the  United  States
32    Department  of  Labor  Bureau of Labor Statistics publication
33    entitled  "The  Employment  Situation"   or   its   successor
34    publication.   For   the   purpose  of  this  subsection,  if
                            -4-                LRB9002107DNmb
 1    unemployment rate statistics for  the  municipality  are  not
 2    available, the unemployment rate in the municipality shall be
 3    deemed  to  be  the  same  as  the  unemployment  rate in the
 4    principal county in which the municipality is located.
 5        (f)  "Municipality"  shall  mean  a  city,   village   or
 6    incorporated town.
 7        (g)  "Initial  Sales  Tax  Amounts"  means  the amount of
 8    taxes paid under the Retailers' Occupation Tax Act,  Use  Tax
 9    Act, Service Use Tax Act, the Service Occupation Tax Act, the
10    Municipal  Retailers'  Occupation  Tax Act, and the Municipal
11    Service Occupation Tax Act by  retailers  and  servicemen  on
12    transactions  at places located in a State Sales Tax Boundary
13    during the calendar year 1985.
14        (g-1)  "Revised Initial  Sales  Tax  Amounts"  means  the
15    amount of taxes paid under the Retailers' Occupation Tax Act,
16    Use  Tax Act, Service Use Tax Act, the Service Occupation Tax
17    Act, the Municipal Retailers' Occupation  Tax  Act,  and  the
18    Municipal   Service  Occupation  Tax  Act  by  retailers  and
19    servicemen on transactions at places located within the State
20    Sales Tax Boundary revised pursuant to Section  11-74.4-8a(9)
21    of this Act.
22        (h)  "Municipal  Sales  Tax  Increment"  means  an amount
23    equal to the increase in the aggregate amount of  taxes  paid
24    to  a municipality from the Local Government Tax Fund arising
25    from  sales  by   retailers   and   servicemen   within   the
26    redevelopment  project  area  or State Sales Tax Boundary, as
27    the case may be, for as long  as  the  redevelopment  project
28    area  or  State Sales Tax Boundary, as the case may be, exist
29    over and above the aggregate amount of taxes as certified  by
30    the  Illinois  Department  of  Revenue  and  paid  under  the
31    Municipal  Retailers'  Occupation  Tax  Act and the Municipal
32    Service Occupation Tax Act by retailers  and  servicemen,  on
33    transactions   at   places   of   business   located  in  the
34    redevelopment project area or State Sales  Tax  Boundary,  as
                            -5-                LRB9002107DNmb
 1    the  case  may  be,  during  the base year which shall be the
 2    calendar year immediately prior to  the  year  in  which  the
 3    municipality adopted tax increment allocation financing.  For
 4    purposes  of computing the aggregate amount of such taxes for
 5    base years occurring prior to 1985, the Department of Revenue
 6    shall determine the Initial Sales Tax Amounts for such  taxes
 7    and  deduct  therefrom an amount equal to 4% of the aggregate
 8    amount of taxes per year for each year the base year is prior
 9    to 1985, but not to exceed a total deduction  of  12%.    The
10    amount  so determined shall be known as the "Adjusted Initial
11    Sales  Tax  Amounts".   For  purposes  of   determining   the
12    Municipal  Sales  Tax  Increment,  the  Department of Revenue
13    shall for each period subtract from the amount  paid  to  the
14    municipality  from the Local Government Tax Fund arising from
15    sales by retailers and servicemen on transactions located  in
16    the  redevelopment  project  area  or  the  State  Sales  Tax
17    Boundary, as the case may be, the certified Initial Sales Tax
18    Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
19    Revised  Initial  Sales  Tax  Amounts   for   the   Municipal
20    Retailers'  Occupation  Tax  Act  and  the  Municipal Service
21    Occupation Tax Act.  For the State  Fiscal  Year  1989,  this
22    calculation shall be made by utilizing the calendar year 1987
23    to  determine the tax amounts received.  For the State Fiscal
24    Year 1990, this calculation shall be made  by  utilizing  the
25    period  from  January  1,  1988, until September 30, 1988, to
26    determine  the  tax  amounts  received  from  retailers   and
27    servicemen  pursuant  to  the Municipal Retailers' Occupation
28    Tax and the Municipal Service Occupation Tax Act, which shall
29    have  deducted  therefrom  nine-twelfths  of  the   certified
30    Initial  Sales  Tax  Amounts,  the Adjusted Initial Sales Tax
31    Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
32    appropriate. For the State Fiscal Year 1991, this calculation
33    shall  be  made by utilizing the period from October 1, 1988,
34    to June 30, 1989, to determine the tax amounts received  from
                            -6-                LRB9002107DNmb
 1    retailers and servicemen pursuant to the Municipal Retailers'
 2    Occupation  Tax  and the Municipal Service Occupation Tax Act
 3    which shall have  deducted  therefrom  nine-twelfths  of  the
 4    certified  Initial  Sales Tax Amounts, Adjusted Initial Sales
 5    Tax Amounts or the  Revised  Initial  Sales  Tax  Amounts  as
 6    appropriate.  For  every  State  Fiscal  Year thereafter, the
 7    applicable period shall be the 12 months beginning July 1 and
 8    ending June 30 to determine the tax  amounts  received  which
 9    shall have deducted therefrom the certified Initial Sales Tax
10    Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
11    Revised Initial Sales Tax Amounts, as the case may be.
12        (i)  "Net State Sales Tax Increment" means the sum of the
13    following: (a) 80% of the first $100,000 of State  Sales  Tax
14    Increment   annually  generated  within  a  State  Sales  Tax
15    Boundary; (b) 60% of the amount in excess of $100,000 but not
16    exceeding $500,000 of  State  Sales  Tax  Increment  annually
17    generated  within  a State Sales Tax Boundary; and (c) 40% of
18    all  amounts  in  excess  of  $500,000  of  State  Sales  Tax
19    Increment  annually  generated  within  a  State  Sales   Tax
20    Boundary.   If,  however,  a  municipality  established a tax
21    increment financing district in a county with a population in
22    excess  of  3,000,000  before  January  1,  1986,   and   the
23    municipality  entered  into  a contract or issued bonds after
24    January 1, 1986, but before December  31,  1986,  to  finance
25    redevelopment   project   costs  within  a  State  Sales  Tax
26    Boundary, then the Net State Sales Tax Increment  means,  for
27    the  fiscal  years  beginning July 1, 1990, and July 1, 1991,
28    100% of the State  Sales  Tax  Increment  annually  generated
29    within  a  State  Sales Tax Boundary; and notwithstanding any
30    other provision of this  Act,  for  those  fiscal  years  the
31    Department    of    Revenue   shall   distribute   to   those
32    municipalities 100% of their Net State  Sales  Tax  Increment
33    before   any  distribution  to  any  other  municipality  and
34    regardless of whether or not those other municipalities  will
                            -7-                LRB9002107DNmb
 1    receive  100%  of  their  Net State Sales Tax Increment.  For
 2    Fiscal Year 1999, and every year thereafter  until  the  year
 3    2007,  for  any  municipality  that  has  not  entered into a
 4    contract or has not issued bonds prior to  June  1,  1988  to
 5    finance  redevelopment project costs within a State Sales Tax
 6    Boundary,  the  Net  State  Sales  Tax  Increment  shall   be
 7    calculated as follows: By multiplying the Net State Sales Tax
 8    Increment  by  90%  in the State Fiscal Year 1999; 80% in the
 9    State Fiscal Year 2000; 70% in the State  Fiscal  Year  2001;
10    60%  in  the  State Fiscal Year 2002; 50% in the State Fiscal
11    Year 2003; 40% in the State Fiscal  Year  2004;  30%  in  the
12    State  Fiscal  Year  2005; 20% in the State Fiscal Year 2006;
13    and 10% in the State Fiscal Year 2007. No  payment  shall  be
14    made for State Fiscal Year 2008 and thereafter.
15        Municipalities  that  issued  bonds  in connection with a
16    redevelopment project in a redevelopment project area  within
17    the  State  Sales  Tax Boundary prior to July 29, 1991, shall
18    continue to receive their proportional share of the  Illinois
19    Tax  Increment  Fund distribution until the date on which the
20    redevelopment project is completed or terminated, or the date
21    on which the bonds are retired, whichever date occurs  first.
22    Refunding  of  any bonds issued prior to July 29, 1991, shall
23    not alter the Net State Sales Tax Increment.
24        (j)  "State Utility Tax Increment Amount" means an amount
25    equal to the aggregate increase in State electric and gas tax
26    charges imposed on owners and tenants, other than residential
27    customers, of properties  located  within  the  redevelopment
28    project area under Section 9-222 of the Public Utilities Act,
29    over  and above the aggregate of such charges as certified by
30    the Department of Revenue and paid  by  owners  and  tenants,
31    other  than  residential  customers, of properties within the
32    redevelopment project area during the base year, which  shall
33    be  the  calendar  year  immediately prior to the year of the
34    adoption  of  the   ordinance   authorizing   tax   increment
                            -8-                LRB9002107DNmb
 1    allocation financing.
 2        (k)  "Net  State  Utility Tax Increment" means the sum of
 3    the following: (a) 80% of the first $100,000 of State Utility
 4    Tax Increment annually generated by a  redevelopment  project
 5    area;  (b)  60%  of  the amount in excess of $100,000 but not
 6    exceeding  $500,000  of  the  State  Utility  Tax   Increment
 7    annually  generated  by a redevelopment project area; and (c)
 8    40% of all amounts in excess of $500,000 of State Utility Tax
 9    Increment annually generated by a redevelopment project area.
10    For the State Fiscal Year 1999,  and  every  year  thereafter
11    until  the  year  2007,  for  any  municipality  that has not
12    entered into a contract or has not issued bonds prior to June
13    1, 1988 to  finance  redevelopment  project  costs  within  a
14    redevelopment   project  area,  the  Net  State  Utility  Tax
15    Increment shall be calculated as follows: By multiplying  the
16    Net  State  Utility  Tax Increment by 90% in the State Fiscal
17    Year 1999; 80% in the State Fiscal  Year  2000;  70%  in  the
18    State  Fiscal  Year  2001; 60% in the State Fiscal Year 2002;
19    50% in the State Fiscal Year 2003; 40% in  the  State  Fiscal
20    Year  2004;  30%  in  the  State Fiscal Year 2005; 20% in the
21    State Fiscal Year 2006; and 10%  in  the  State  Fiscal  Year
22    2007. No payment shall be made for the State Fiscal Year 2008
23    and thereafter.
24        Municipalities  that  issue  bonds in connection with the
25    redevelopment project during the period  from  June  1,  1988
26    until 3 years after the effective date of this Amendatory Act
27    of  1988  shall  receive the Net State Utility Tax Increment,
28    subject to appropriation, for 15 State Fiscal Years after the
29    issuance of such bonds.  For the 16th through the 20th  State
30    Fiscal  Years  after  issuance  of  the  bonds, the Net State
31    Utility Tax Increment shall  be  calculated  as  follows:  By
32    multiplying  the  Net  State  Utility Tax Increment by 90% in
33    year 16; 80% in year 17; 70% in year 18; 60% in year 19;  and
34    50%  in  year 20. Refunding of any bonds issued prior to June
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 1    1, 1988, shall not alter the revised Net  State  Utility  Tax
 2    Increment payments set forth above.
 3        (l)  "Obligations"  mean bonds, loans, debentures, notes,
 4    special certificates or other evidence of indebtedness issued
 5    by the municipality to carry out a redevelopment  project  or
 6    to refund outstanding obligations.
 7        (m)  "Payment in lieu of taxes" means those estimated tax
 8    revenues  from  real property in a redevelopment project area
 9    acquired  by  a   municipality   which   according   to   the
10    redevelopment project or plan is to be used for a private use
11    which taxing districts would have received had a municipality
12    not  adopted  tax  increment  allocation  financing and which
13    would result from levies made after the time of the  adoption
14    of tax increment allocation financing to the time the current
15    equalized value of real property in the redevelopment project
16    area  exceeds  the  total  initial  equalized  value  of real
17    property in said area.
18        (n)  "Redevelopment plan" means the comprehensive program
19    of the municipality for development or redevelopment intended
20    by the payment of redevelopment project costs  to  reduce  or
21    eliminate  those  conditions the existence of which qualified
22    the redevelopment  project  area  as  a  "blighted  area"  or
23    "conservation  area"  or  combination  thereof or "industrial
24    park conservation area," and thereby to enhance the tax bases
25    of the taxing districts which extend into  the  redevelopment
26    project  area.   Each  redevelopment  plan shall set forth in
27    writing the  program  to  be  undertaken  to  accomplish  the
28    objectives  and shall include but not be limited to:
29             (A)  estimated redevelopment project costs;
30             (B)  evidence   demonstrating  indicating  that  the
31        redevelopment project area on  the  whole  has  not  been
32        subject  to  growth and development through investment by
33        private enterprise or otherwise  and  that  area  on  the
34        whole   will   not   be  subject  to  future  growth  and
                            -10-               LRB9002107DNmb
 1        development without the  blighted  or  conservation  area
 2        designation;
 3             (C)  an  assessment  of  any financial impact of the
 4        redevelopment project area on or any increased demand for
 5        services from any taxing district affected  by  the  plan
 6        and  any  program  to  address  such  financial impact or
 7        increased demand;
 8             (D)  the sources of funds to pay costs;
 9             (E)  the nature and term of the  obligations  to  be
10        issued;
11             (F)  the most recent equalized assessed valuation of
12        the redevelopment project area;
13             (G)  an   estimate  as  to  the  equalized  assessed
14        valuation after redevelopment and the general  land  uses
15        to apply in the redevelopment project area;
16             (H)  a  commitment to fair employment practices, and
17        an affirmative action plan, a fair housing impact  study,
18        and a 2-part affordable housing impact study:;
19                  (1)  Part  I  of  the affordable housing impact
20             study  shall   be   conducted   and   submitted   in
21             conjunction  with  the  initial  redevelopment  area
22             eligibility  study.  It includes, but is not limited
23             to: (i) a survey of  available  housing  within  the
24             proposed redevelopment district; (ii) a breakdown of
25             the  rental structure of that housing that is rental
26             housing, including, number of rooms and rental rates
27             for each unit; (iii) the current occupancy  rate  of
28             the  rental  housing;  (iv)  the  cost structure for
29             ownership housing, including tax and mortgage rates;
30             (v) an affordability breakdown for both  rental  and
31             ownership  housing  using  the municipality's median
32             income and federal affordability guidelines; (vi)  a
33             detailed   statement   of  the  expected  impact  of
34             redevelopment on the  existing  low  income  housing
                            -11-               LRB9002107DNmb
 1             stock,   including,   but  not  limited  to,  likely
 2             demolitions, renovations, new  constructions,  rent,
 3             and mortgage increases.
 4                  (2)  Part  II  of the affordable housing impact
 5             study shall be part of the final redevelopment plan.
 6             It shall include a detailed  description,  including
 7             number of units, unit sizes, projected rental rates,
 8             nature  and duration of subsidies, and accessibility
 9             to  persons  with  disabilities,  of  the  low   and
10             very-low  income  housing preservation, improvement,
11             replacement, and  creation  that  will  occur  as  a
12             result   of  the  creation  of  the    redevelopment
13             district.  Part II shall also include  any  required
14             documentation of the lack of demand for low and very
15             low  income  affordable  housing within the relevant
16             areas.
17        The Fair Housing Impact Study shall  be  based  upon  the
18    most  recent  decennial census conducted by the Census Bureau
19    of the United States.  For each census block group wholly  or
20    partially within the proposed district, the municipality will
21    determine (i) the racial, ethnic, or national origin, and the
22    sex  and  familial status of persons residing in the proposed
23    district, (ii) the racial, ethnic, or national origin and the
24    sex  and  familial  status  of  persons   residing   in   the
25    municipality,  (iii)  the  likely impact of the redevelopment
26    plan on those persons residing within the proposed  district,
27    including,  but  not limited to, whether the plan will result
28    in displacement of persons residing in the district from  the
29    district and the municipality, (iv) whether the redevelopment
30    plan  will  have  a  disproportionate  impact on persons of a
31    particular race,  ethnic,  or  national  origin,  or  sex  or
32    familial  status  through  displacement or otherwise, (v) the
33    municipality's plan for dealing with  any  such  impact,  and
34    (vi)   a   certification   by   the   municipality  that  the
                            -12-               LRB9002107DNmb
 1    redevelopment plan will not adversely effect the availability
 2    of housing to persons within these classifications.
 3             (I)  if it concerns an industrial park  conservation
 4        area,  the  plan shall also include a general description
 5        of  any  proposed  developer,  user  and  tenant  of  any
 6        property,  a  description  of  the  type,  structure  and
 7        general character of the facilities to  be  developed,  a
 8        description   of  the  type,  class  and  number  of  new
 9        employees  to  be  employed  in  the  operation  of   the
10        facilities to be developed; and
11             (J)  if   property   is   to   be   annexed  to  the
12        municipality, the plan shall include  the  terms  of  the
13        annexation agreement; and.
14             (K)  if  the  redevelopment  plan will result in the
15        displacement  of  persons  occupying  affordable  housing
16        within  the  area,  the  redevelopment  plan  shall  also
17        provide for relocation assistance as set  forth  in  this
18        Act.
19        The  provisions  of  items (B) and (C) of this subsection
20    (n) shall not apply to a municipality that before  March  14,
21    1994  (the  effective  date  of Public Act 88-537) had fixed,
22    either by  its  corporate  authorities  or  by  a  commission
23    designated  under subsection (k) of Section 11-74.4-4, a time
24    and place for a public hearing as required by subsection  (a)
25    of  Section 11-74.4-5. No redevelopment plan shall be adopted
26    unless a municipality complies  with  all  of  the  following
27    requirements:
28             (1)  The  municipality  finds that the redevelopment
29        project area on the whole has not been subject to  growth
30        and  development through investment by private enterprise
31        and would not reasonably be anticipated to  be  developed
32        without the adoption of the redevelopment plan.
33             (2)  The  municipality  finds that the redevelopment
34        plan and project conform to the  comprehensive  plan  for
                            -13-               LRB9002107DNmb
 1        the  development  of the municipality as a whole, or, for
 2        municipalities with a  population  of  100,000  or  more,
 3        regardless of when the redevelopment plan and project was
 4        adopted,  the  redevelopment plan and project either: (i)
 5        conforms  to  the  strategic  economic   development   or
 6        redevelopment  plan  issued  by  the  designated planning
 7        authority of the municipality, or (ii) includes land uses
 8        that have been approved by the planning commission of the
 9        municipality.
10             (3)  The   redevelopment   plan   establishes    the
11        estimated   dates  of  completion  of  the  redevelopment
12        project and retirement of obligations issued  to  finance
13        redevelopment  project  costs.   Those dates shall not be
14        more than 23 years from the  adoption  of  the  ordinance
15        approving the redevelopment project area if the ordinance
16        was  adopted  on  or after January 15, 1981, and not more
17        than 35 years if the ordinance was adopted before January
18        15, 1981, or if the ordinance was adopted in  April  1984
19        or  July  1985,  or if the municipality is subject to the
20        Local Government Financial Planning and Supervision  Act.
21        However,  for redevelopment project areas for which bonds
22        were issued before July 29, 1991, in  connection  with  a
23        redevelopment  project in the area within the State Sales
24        Tax Boundary, the estimated dates of  completion  of  the
25        redevelopment  project  and  retirement of obligations to
26        finance redevelopment project costs may be   extended  by
27        municipal  ordinance to December 31, 2013.  The extension
28        allowed by this amendatory Act of 1993 shall not apply to
29        real property tax increment  allocation  financing  under
30        Section 11-74.4-8.
31             (4)  The  municipality  finds,  in  the  case  of an
32        industrial  park  conservation  area,   also   that   the
33        municipality is a labor surplus municipality and that the
34        implementation  of  the  redevelopment  plan  will reduce
                            -14-               LRB9002107DNmb
 1        unemployment, create new jobs and by the provision of new
 2        facilities enhance the tax base of the  taxing  districts
 3        that extend into the redevelopment project area.
 4             (5)  If  any incremental revenues are being utilized
 5        under  Section  8(a)(1)  or  8(a)(2)  of  this   Act   in
 6        redevelopment  project  areas approved by ordinance after
 7        January 1, 1986, the municipality  finds:  (a)  that  the
 8        redevelopment   project  area  would  not  reasonably  be
 9        developed without the use of such  incremental  revenues,
10        and   (b)   that   such   incremental  revenues  will  be
11        exclusively  utilized  for   the   development   of   the
12        redevelopment project area.
13             (6)  The    municipality   completes   the   Housing
14        Affordability Study, parts I and II, and the Fair Housing
15        Impact Study as set forth in paragraph (H) of  subsection
16        (n) and certifies that failure to meet the affordable and
17        fair  housing  requirements  specified  in this Act shall
18        lead to the revocation of the redevelopment district.
19        (o)  "Redevelopment project" means any public and private
20    development project in furtherance of  the  objectives  of  a
21    redevelopment plan.
22        (p)  "Redevelopment   project   area"   means   an   area
23    designated  by  the  municipality,  which  is not less in the
24    aggregate than 1 1/2  acres  and  in  respect  to  which  the
25    municipality  has  made a finding that there exist conditions
26    which cause the area to be classified as an  industrial  park
27    conservation  area or a blighted area or a conservation area,
28    or a combination of  both  blighted  areas  and  conservation
29    areas.
30        (q)  "Redevelopment  project  costs" mean and include the
31    sum total of all reasonable or necessary  costs  incurred  or
32    estimated  to be incurred, and any such costs incidental to a
33    redevelopment plan and a redevelopment project.   Such  costs
34    include, without limitation, the following:
                            -15-               LRB9002107DNmb
 1             (1)  Costs   of  studies,  surveys,  development  of
 2        plans,    and    specifications,    implementation    and
 3        administration of the redevelopment  plan  including  but
 4        not  limited  to staff and professional service costs for
 5        architectural, engineering, legal, marketing,  financial,
 6        planning  or  other  services,  provided  however that no
 7        charges for professional  services  may  be  based  on  a
 8        percentage of the tax increment collected;
 9             (2)  Property  assembly  costs,  including  but  not
10        limited  to  acquisition of land and other property, real
11        or personal, or rights or interests  therein,  demolition
12        of buildings, and the clearing and grading of land;
13             (3)  Costs   of  rehabilitation,  reconstruction  or
14        repair  or  remodeling  of  existing  public  or  private
15        buildings and fixtures;
16             (4)  Costs of the construction of  public  works  or
17        improvements;
18             (5)  Costs of job training and retraining projects;
19             (6)  Financing  costs,  including but not limited to
20        all necessary and  incidental  expenses  related  to  the
21        issuance  of obligations and which may include payment of
22        interest on any  obligations  issued  hereunder  accruing
23        during  the  estimated  period  of  construction  of  any
24        redevelopment  project  for  which  such  obligations are
25        issued and for not exceeding  36  months  thereafter  and
26        including reasonable reserves related thereto;
27             (7)  All or a portion of a taxing district's capital
28        costs    resulting   from   the   redevelopment   project
29        necessarily incurred or to be incurred in furtherance  of
30        the  objectives of the redevelopment plan and project, to
31        the extent the municipality by written agreement  accepts
32        and approves such costs;
33             (8)  Relocation  costs  shall  be paid in accordance
34        with the provisions of  the  federal  Uniform  Relocation
                            -16-               LRB9002107DNmb
 1        Assistance  and Real Property Acquisition Policies Act of
 2        1970 to the extent that a  municipality  determines  that
 3        relocation  costs  shall  be  paid or is required to make
 4        payment of relocation costs by federal or State law;
 5             (9)  Payment in lieu of taxes;
 6             (10)  Costs of  job  training,  advanced  vocational
 7        education  or career education, including but not limited
 8        to courses in occupational, semi-technical  or  technical
 9        fields leading directly to employment, incurred by one or
10        more  taxing  districts, provided that such costs (i) are
11        related  to  the   establishment   and   maintenance   of
12        additional job training, advanced vocational education or
13        career  education  programs for persons employed or to be
14        employed by employers located in a redevelopment  project
15        area;  and  (ii)  when  incurred  by a taxing district or
16        taxing districts other than  the  municipality,  are  set
17        forth in a written agreement by or among the municipality
18        and  the  taxing  district  or  taxing  districts,  which
19        agreement   describes   the  program  to  be  undertaken,
20        including but not limited to the number of  employees  to
21        be trained, a description of the training and services to
22        be  provided,  the number and type of positions available
23        or to be available, itemized costs  of  the  program  and
24        sources of funds to pay for the same, and the term of the
25        agreement.  Such costs include, specifically, the payment
26        by community  college  districts  of  costs  pursuant  to
27        Sections  3-37,  3-38,  3-40  and  3-40.1  of  the Public
28        Community College Act and by school  districts  of  costs
29        pursuant to Sections 10-22.20a and 10-23.3a of The School
30        Code;
31             (11)  Interest   cost   incurred  by  a  redeveloper
32        related to the construction, renovation or rehabilitation
33        of a redevelopment project provided that:
34                  (A)  such costs are to be  paid  directly  from
                            -17-               LRB9002107DNmb
 1             the special tax allocation fund established pursuant
 2             to this Act; and
 3                  (B)  such  payments  in  any  one  year may not
 4             exceed 30% of the annual interest costs incurred  by
 5             the  redeveloper  with  regard  to the redevelopment
 6             project during that year;
 7                  (C)  if  there   are   not   sufficient   funds
 8             available in the special tax allocation fund to make
 9             the payment pursuant to this paragraph (11) then the
10             amounts  so  due  shall  accrue  and be payable when
11             sufficient funds are available in  the  special  tax
12             allocation fund; and
13                  (D)  the  total  of such interest payments paid
14             pursuant to this Act may not exceed 30% of the total
15             (i) cost paid or incurred by the redeveloper for the
16             redevelopment  project   plus   (ii)   redevelopment
17             project  costs excluding any property assembly costs
18             and any relocation costs incurred by a  municipality
19             pursuant to this Act.
20             (12)  Unless  explicitly  stated  herein the cost of
21        construction of new privately-owned buildings  shall  not
22        be an eligible redevelopment project cost.
23        If  a  special service area has been established pursuant
24    to the Special Service Area Tax Act, then any  tax  increment
25    revenues derived from the tax imposed pursuant to the Special
26    Service  Area  Tax  Act  may be used within the redevelopment
27    project area for the purposes permitted by that Act  as  well
28    as the purposes permitted by this Act.
29        (r)  "State  Sales  Tax Boundary" means the redevelopment
30    project  area  or  the  amended  redevelopment  project  area
31    boundaries which are determined pursuant to subsection (9) of
32    Section 11-74.4-8a of this Act.  The  Department  of  Revenue
33    shall   certify   pursuant   to  subsection  (9)  of  Section
34    11-74.4-8a  the  appropriate  boundaries  eligible  for   the
                            -18-               LRB9002107DNmb
 1    determination of State Sales Tax Increment.
 2        (s)  "State Sales Tax Increment" means an amount equal to
 3    the  increase  in  the  aggregate  amount  of  taxes  paid by
 4    retailers and servicemen, other than retailers and servicemen
 5    subject to the  Public  Utilities  Act,  on  transactions  at
 6    places  of business located within a State Sales Tax Boundary
 7    pursuant to the Retailers' Occupation Tax Act,  the  Use  Tax
 8    Act,  the Service Use Tax Act, and the Service Occupation Tax
 9    Act, except such portion of such increase that is  paid  into
10    the  State  and  Local  Sales  Tax  Reform  Fund,  the  Local
11    Government   Distributive   Fund,  the   Local Government Tax
12    Fund and the County and Mass Transit District  Fund,  for  as
13    long  as  State  participation  exists,  over  and  above the
14    Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
15    or the Revised Initial Sales Tax Amounts for  such  taxes  as
16    certified  by  the Department of Revenue and paid under those
17    Acts by retailers and servicemen on transactions at places of
18    business located within the State Sales Tax  Boundary  during
19    the  base  year  which shall be the calendar year immediately
20    prior to the year  in  which  the  municipality  adopted  tax
21    increment  allocation  financing,  less  3.0% of such amounts
22    generated under the Retailers' Occupation Tax  Act,  Use  Tax
23    Act  and  Service  Use Tax Act and the Service Occupation Tax
24    Act, which sum shall be appropriated  to  the  Department  of
25    Revenue  to  cover  its  costs of administering and enforcing
26    this Section. For purposes of computing the aggregate  amount
27    of  such  taxes  for  base years occurring prior to 1985, the
28    Department of Revenue shall compute  the  Initial  Sales  Tax
29    Amount for such taxes and deduct therefrom an amount equal to
30    4%  of  the  aggregate amount of taxes per year for each year
31    the base year is prior to 1985, but not  to  exceed  a  total
32    deduction of 12%.  The amount so determined shall be known as
33    the  "Adjusted  Initial  Sales  Tax  Amount". For purposes of
34    determining the State Sales Tax Increment the  Department  of
                            -19-               LRB9002107DNmb
 1    Revenue  shall  for each period subtract from the tax amounts
 2    received  from  retailers  and  servicemen  on   transactions
 3    located  in  the  State  Sales  Tax  Boundary,  the certified
 4    Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
 5    or Revised Initial  Sales  Tax  Amounts  for  the  Retailers'
 6    Occupation  Tax Act, the Use Tax Act, the Service Use Tax Act
 7    and the Service Occupation Tax Act.   For  the  State  Fiscal
 8    Year  1989  this  calculation  shall be made by utilizing the
 9    calendar year 1987 to determine the tax amounts received. For
10    the State Fiscal Year 1990, this calculation shall be made by
11    utilizing the period from January 1,  1988,  until  September
12    30,   1988,  to  determine  the  tax  amounts  received  from
13    retailers and servicemen, which shall have deducted therefrom
14    nine-twelfths of the certified  Initial  Sales  Tax  Amounts,
15    Adjusted  Initial  Sales  Tax  Amounts or the Revised Initial
16    Sales Tax Amounts as appropriate. For the State  Fiscal  Year
17    1991,  this calculation shall be made by utilizing the period
18    from October 1, 1988, until June 30, 1989, to  determine  the
19    tax  amounts  received  from  retailers and servicemen, which
20    shall have deducted therefrom nine-twelfths of the  certified
21    Initial  State  Sales Tax Amounts, Adjusted Initial Sales Tax
22    Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
23    appropriate.  For  every  State  Fiscal  Year thereafter, the
24    applicable period shall be the 12 months beginning July 1 and
25    ending on June 30, to  determine  the  tax  amounts  received
26    which  shall  have  deducted  therefrom the certified Initial
27    Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or  the
28    Revised  Initial Sales Tax Amounts.  Municipalities intending
29    to receive a distribution of State Sales Tax  Increment  must
30    report  a  list  of retailers to the Department of Revenue by
31    October 31, 1988 and by July 31, of each year thereafter.
32        (t)  "Taxing districts" means counties, townships, cities
33    and incorporated towns  and  villages,  school,  road,  park,
34    sanitary, mosquito abatement, forest preserve, public health,
                            -20-               LRB9002107DNmb
 1    fire  protection,  river conservancy, tuberculosis sanitarium
 2    and any other municipal corporations or  districts  with  the
 3    power to levy taxes.
 4        (u)  "Taxing  districts' capital costs" means those costs
 5    of taxing districts for capital improvements that  are  found
 6    by  the  municipal  corporate authorities to be necessary and
 7    directly result from the redevelopment project.
 8        (v)  As used in subsection (a) of  Section  11-74.4-3  of
 9    this  Act,  "vacant land" means any  parcel or combination of
10    parcels of real property without industrial, commercial,  and
11    residential  buildings which has not been used for commercial
12    agricultural purposes within 5 years prior to the designation
13    of the redevelopment  project  area,  unless  the  parcel  is
14    included  in  an  industrial  park  conservation  area or the
15    parcel has been subdivided; provided that if the  parcel  was
16    part  of  a larger tract that has been divided into 3 or more
17    smaller tracts that were accepted for  recording  during  the
18    period  from 1950 to 1990, then the parcel shall be deemed to
19    have been subdivided, and all proceedings and actions of  the
20    municipality  taken  in  that  connection with respect to any
21    previously approved or designated redevelopment project  area
22    or  amended  redevelopment  project area are hereby validated
23    and hereby declared to be legally sufficient for all purposes
24    of this Act.
25        (w)  "Annual Total  Increment"  means  the  sum  of  each
26    municipality's  annual  Net  Sales  Tax  Increment  and  each
27    municipality's  annual  Net Utility Tax Increment.  The ratio
28    of the Annual Total Increment of  each  municipality  to  the
29    Annual  Total  Increment  for  all  municipalities,  as  most
30    recently  calculated  by  the Department, shall determine the
31    proportional shares of the Illinois Tax Increment Fund to  be
32    distributed to each municipality.
33    (Source: P.A.  88-535;  88-537;  88-603, eff. 9-1-94; 88-670,
34    eff. 12-2-94; 88-688, eff. 1-24-95; 89-235, eff. 8-4-95.)
                            -21-               LRB9002107DNmb
 1        (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
 2        Sec.   11-74.4-4.   Municipal    powers    and    duties;
 3    redevelopment project areas. A municipality may:
 4        (a)  By ordinance introduced in the governing body of the
 5    municipality  within 14 to 90 days from the completion of the
 6    hearing specified in Section 11-74.4-5 approve  redevelopment
 7    plans and redevelopment projects, and designate redevelopment
 8    project areas pursuant to notice and hearing required by this
 9    Act.   No  redevelopment  project  area  shall  be designated
10    unless  a  plan  and  project  are  approved  prior  to   the
11    designation  of  such  area  and such area shall include only
12    those contiguous parcels of real  property  and  improvements
13    thereon substantially benefited by the proposed redevelopment
14    project improvements.
15        (b)  Make  and  enter  into  all  contracts  necessary or
16    incidental to  the  implementation  and  furtherance  of  its
17    redevelopment plan and project.
18        (c)  Within  a  redevelopment  project  area,  acquire by
19    purchase, donation, lease or  eminent  domain;  own,  convey,
20    lease,  mortgage  or dispose of land and other property, real
21    or personal, or rights or interests  therein,  and  grant  or
22    acquire licenses, easements and options with respect thereto,
23    all  in  the  manner  and  at  such  price  the  municipality
24    determines  is reasonably necessary to achieve the objectives
25    of the redevelopment plan  and  project;  provided,  however,
26    that  when owner-occupied residential property is acquired by
27    eminent domain, the municipality shall be required to pay  to
28    the  owner  an  amount  in excess of the fair market value as
29    compensatory damages to the owner for the involuntary  nature
30    of  his  or  her  loss  of  the  use  of  that  property.  No
31    conveyance,  lease,  mortgage,  disposition  of land or other
32    property, or agreement relating to  the  development  of  the
33    property  shall  be  made  except  upon  the  adoption  of an
34    ordinance by the corporate authorities of  the  municipality.
                            -22-               LRB9002107DNmb
 1    Furthermore,   no   conveyance,  lease,  mortgage,  or  other
 2    disposition of land or agreement relating to the  development
 3    of property shall be made without making public disclosure of
 4    the  terms of the disposition and all bids and proposals made
 5    in response to the municipality's  request.   The  procedures
 6    for   obtaining   such   bids  and  proposals  shall  provide
 7    reasonable opportunity for any person to  submit  alternative
 8    proposals or bids.
 9        (d)  Within  a redevelopment project area, clear any area
10    by demolition  or  removal  of  any  existing  buildings  and
11    structures.
12        (e)  Within  a  redevelopment  project  area, renovate or
13    rehabilitate or construct any structure or building.
14        (f)  Install, repair, construct, reconstruct or  relocate
15    streets,  utilities  and  site  improvements essential to the
16    preparation of the redevelopment area for use  in  accordance
17    with a redevelopment plan.
18        (g)  Within a redevelopment project area, fix, charge and
19    collect  fees,  rents and charges for the use of any building
20    or property owned or leased by it or  any  part  thereof,  or
21    facility therein.
22        (h)  Accept grants, guarantees and donations of property,
23    labor,  or  other  things  of  value from a public or private
24    source for use within a project redevelopment area.
25        (i)  Acquire and construct  public  facilities  within  a
26    redevelopment project area.
27        (j)  Incur project redevelopment costs.
28        (k)  Create  a commission of not less than 5 or more than
29    15 persons to be appointed by the mayor or president  of  the
30    municipality   with  the  consent  of  the  majority  of  the
31    governing board of the municipality.  Members of a commission
32    appointed after the effective date of this amendatory Act  of
33    1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
34    years,  respectively,  in such numbers as to provide that the
                            -23-               LRB9002107DNmb
 1    terms of not more than 1/3 of all such members  shall  expire
 2    in  any  one year.  Their successors shall be appointed for a
 3    term of 5 years.  The commission, subject to approval of  the
 4    corporate  authorities  may exercise the powers enumerated in
 5    this Section. The commission shall also  have  the  power  to
 6    hold  the  public hearings required by this division and make
 7    recommendations to the corporate authorities  concerning  the
 8    adoption  of  redevelopment plans, redevelopment projects and
 9    designation of redevelopment project areas.
10        (l)  Make payment in lieu of taxes or a  portion  thereof
11    to  taxing  districts.    If  payments  in lieu of taxes or a
12    portion thereof are made to taxing districts, those  payments
13    shall be made to all districts within a project redevelopment
14    area  on  a  basis  which  is  proportional  to  the  current
15    collections  of  revenue  which each taxing district receives
16    from real property in the redevelopment project area.
17        (m)  Exercise any  and  all  other  powers  necessary  to
18    effectuate the purposes of this Act.
19        (n)  If  any  member of the corporate authority, a member
20    of a commission established pursuant to Section  11-74.4-4(k)
21    of this Act, or an employee or consultant of the municipality
22    involved  in  the planning and preparation of a redevelopment
23    plan, or project for a redevelopment project area or proposed
24    redevelopment  project   area,   as   defined   in   Sections
25    11-74.4-3(i)  through  (k)  of  this Act, owns or controls an
26    interest, direct or indirect, in any property included in any
27    redevelopment area, or proposed redevelopment area, he or she
28    shall disclose the same  in  writing  to  the  clerk  of  the
29    municipality,  and shall also so disclose the dates and terms
30    and conditions of any disposition of any such interest, which
31    disclosures  shall   be   acknowledged   by   the   corporate
32    authorities   and  entered  upon  the  minute  books  of  the
33    corporate  authorities.   If  an  individual  holds  such  an
34    interest then that individual shall refrain from any  further
                            -24-               LRB9002107DNmb
 1    official  involvement  in  regard to such redevelopment plan,
 2    project or area, from voting on any matter pertaining to such
 3    redevelopment plan, project or area,  or  communicating  with
 4    other members concerning corporate authorities, commission or
 5    employees   concerning   any   matter   pertaining   to  said
 6    redevelopment plan, project or area.   Furthermore,  no  such
 7    member  or  employee shall acquire of any interest direct, or
 8    indirect, in any property in a redevelopment area or proposed
 9    redevelopment area after either (a) such  individual  obtains
10    knowledge  of  such plan, project or area or (b) first public
11    notice of such plan, project  or  area  pursuant  to  Section
12    11-74.4-6 of this Division, whichever occurs first.
13        (o)  Create a Tax Increment Economic Development Advisory
14    Committee  to  be  appointed by the Mayor or President of the
15    municipality  with  the  consent  of  the  majority  of   the
16    governing  board  of  the  municipality, the members of which
17    Committee shall be appointed for initial terms of 1, 2, 3,  4
18    and  5 years respectively, in such numbers as to provide that
19    the terms of not more than 1/3  of  all  such  members  shall
20    expire  in any one year.  Their successors shall be appointed
21    for a term of 5 years.  The Committee shall have none of  the
22    powers enumerated in this Section.  The Committee shall serve
23    in  an  advisory capacity only.  The Committee may advise the
24    governing Board  of  the  municipality  and  other  municipal
25    officials  regarding  development  issues  and  opportunities
26    within  the redevelopment project area or the area within the
27    State Sales Tax Boundary. The Committee may also promote  and
28    publicize  development  opportunities  in  the  redevelopment
29    project area or the area within the State Sales Tax Boundary.
30        (p)  Municipalities  may  jointly  undertake  and perform
31    redevelopment plans and projects and utilize  the  provisions
32    of  the  Act  wherever  they  have  contiguous  redevelopment
33    project  areas  or  they  determine  to  adopt  tax increment
34    financing with respect to a redevelopment project area  which
                            -25-               LRB9002107DNmb
 1    includes  contiguous  real  property within the boundaries of
 2    the municipalities, and in doing so, they may,  by  agreement
 3    between  municipalities,  issue  obligations,  separately  or
 4    jointly,  and  expend  revenues  received  under  the Act for
 5    eligible expenses anywhere  within  contiguous  redevelopment
 6    project areas or as otherwise permitted in the Act.
 7        (q)  Utilize   revenues,   other  than  State  sales  tax
 8    increment  revenues,  received  under  this  Act   from   one
 9    redevelopment  project  area  for  eligible  costs in another
10    redevelopment project area that is either contiguous  to,  or
11    is  separated  only  by  a  public  right  of  way  from, the
12    redevelopment  project  area  from  which  the  revenues  are
13    received.
14        (r)  If no redevelopment project has been initiated in  a
15    redevelopment  project area within 7 years after the area was
16    designated   by   ordinance   under   subsection   (a),   the
17    municipality shall adopt an ordinance  repealing  the  area's
18    designation   as  a  redevelopment  project  area;  provided,
19    however, that if an area received its designation more than 3
20    years before the effective date of  this  amendatory  Act  of
21    1994 and no redevelopment project has been initiated within 4
22    years  after  the  effective  date  of this amendatory Act of
23    1994, the municipality shall adopt an ordinance repealing its
24    designation as a redevelopment project area. Initiation of  a
25    redevelopment  project  shall be evidenced by either a signed
26    redevelopment   agreement   or   expenditures   on   eligible
27    redevelopment project costs associated with  a  redevelopment
28    project.
29        (s)  shall  commission  as  part  of  any TIF eligibility
30    study, an Affordable Housing Study and a Fair Housing  Impact
31    Study,   that  conform  to  the  requirements  set  forth  in
32    paragraph (H) of subsection (n) of Section 11-74.4-3.   If  a
33    tax increment financing district does not include residential
34    units  and  does not forsee the creation of residential units
                            -26-               LRB9002107DNmb
 1    of  any  kind,  then  the  study  shall  indicate   how   the
 2    anticipated  revenues in the Affordable Housing Fund shall be
 3    allocated adjacent to the tax increment financing district or
 4    elsewhere in the municipality.
 5    (Source: P.A. 87-875; 88-537; 88-688, eff. 1-24-95.)

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