HB4263 Enrolled LRB093 15381 MKM 40984 b

1     AN ACT concerning taxes.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Tax Increment Allocation Redevelopment Act
5 in the Illinois Municipal Code is amended by changing Sections
6 11-74.4-3 and 11-74.4-7 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, wherever
9 used or referred to in this Division 74.4 shall have the
10 following respective meanings, unless in any case a different
11 meaning clearly appears from the context.
12     (a) For any redevelopment project area that has been
13 designated pursuant to this Section by an ordinance adopted
14 prior to November 1, 1999 (the effective date of Public Act
15 91-478), "blighted area" shall have the meaning set forth in
16 this Section prior to that date.
17     On and after November 1, 1999, "blighted area" means any
18 improved or vacant area within the boundaries of a
19 redevelopment project area located within the territorial
20 limits of the municipality where:
21         (1) If improved, industrial, commercial, and
22     residential buildings or improvements are detrimental to
23     the public safety, health, or welfare because of a
24     combination of 5 or more of the following factors, each of
25     which is (i) present, with that presence documented, to a
26     meaningful extent so that a municipality may reasonably
27     find that the factor is clearly present within the intent
28     of the Act and (ii) reasonably distributed throughout the
29     improved part of the redevelopment project area:
30             (A) Dilapidation. An advanced state of disrepair
31         or neglect of necessary repairs to the primary
32         structural components of buildings or improvements in

 

 

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1         such a combination that a documented building
2         condition analysis determines that major repair is
3         required or the defects are so serious and so extensive
4         that the buildings must be removed.
5             (B) Obsolescence. The condition or process of
6         falling into disuse. Structures have become ill-suited
7         for the original use.
8             (C) Deterioration. With respect to buildings,
9         defects including, but not limited to, major defects in
10         the secondary building components such as doors,
11         windows, porches, gutters and downspouts, and fascia.
12         With respect to surface improvements, that the
13         condition of roadways, alleys, curbs, gutters,
14         sidewalks, off-street parking, and surface storage
15         areas evidence deterioration, including, but not
16         limited to, surface cracking, crumbling, potholes,
17         depressions, loose paving material, and weeds
18         protruding through paved surfaces.
19             (D) Presence of structures below minimum code
20         standards. All structures that do not meet the
21         standards of zoning, subdivision, building, fire, and
22         other governmental codes applicable to property, but
23         not including housing and property maintenance codes.
24             (E) Illegal use of individual structures. The use
25         of structures in violation of applicable federal,
26         State, or local laws, exclusive of those applicable to
27         the presence of structures below minimum code
28         standards.
29             (F) Excessive vacancies. The presence of buildings
30         that are unoccupied or under-utilized and that
31         represent an adverse influence on the area because of
32         the frequency, extent, or duration of the vacancies.
33             (G) Lack of ventilation, light, or sanitary
34         facilities. The absence of adequate ventilation for
35         light or air circulation in spaces or rooms without
36         windows, or that require the removal of dust, odor,

 

 

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1         gas, smoke, or other noxious airborne materials.
2         Inadequate natural light and ventilation means the
3         absence of skylights or windows for interior spaces or
4         rooms and improper window sizes and amounts by room
5         area to window area ratios. Inadequate sanitary
6         facilities refers to the absence or inadequacy of
7         garbage storage and enclosure, bathroom facilities,
8         hot water and kitchens, and structural inadequacies
9         preventing ingress and egress to and from all rooms and
10         units within a building.
11             (H) Inadequate utilities. Underground and overhead
12         utilities such as storm sewers and storm drainage,
13         sanitary sewers, water lines, and gas, telephone, and
14         electrical services that are shown to be inadequate.
15         Inadequate utilities are those that are: (i) of
16         insufficient capacity to serve the uses in the
17         redevelopment project area, (ii) deteriorated,
18         antiquated, obsolete, or in disrepair, or (iii)
19         lacking within the redevelopment project area.
20             (I) Excessive land coverage and overcrowding of
21         structures and community facilities. The
22         over-intensive use of property and the crowding of
23         buildings and accessory facilities onto a site.
24         Examples of problem conditions warranting the
25         designation of an area as one exhibiting excessive land
26         coverage are: (i) the presence of buildings either
27         improperly situated on parcels or located on parcels of
28         inadequate size and shape in relation to present-day
29         standards of development for health and safety and (ii)
30         the presence of multiple buildings on a single parcel.
31         For there to be a finding of excessive land coverage,
32         these parcels must exhibit one or more of the following
33         conditions: insufficient provision for light and air
34         within or around buildings, increased threat of spread
35         of fire due to the close proximity of buildings, lack
36         of adequate or proper access to a public right-of-way,

 

 

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1         lack of reasonably required off-street parking, or
2         inadequate provision for loading and service.
3             (J) Deleterious land use or layout. The existence
4         of incompatible land-use relationships, buildings
5         occupied by inappropriate mixed-uses, or uses
6         considered to be noxious, offensive, or unsuitable for
7         the surrounding area.
8             (K) Environmental clean-up. The proposed
9         redevelopment project area has incurred Illinois
10         Environmental Protection Agency or United States
11         Environmental Protection Agency remediation costs for,
12         or a study conducted by an independent consultant
13         recognized as having expertise in environmental
14         remediation has determined a need for, the clean-up of
15         hazardous waste, hazardous substances, or underground
16         storage tanks required by State or federal law,
17         provided that the remediation costs constitute a
18         material impediment to the development or
19         redevelopment of the redevelopment project area.
20             (L) Lack of community planning. The proposed
21         redevelopment project area was developed prior to or
22         without the benefit or guidance of a community plan.
23         This means that the development occurred prior to the
24         adoption by the municipality of a comprehensive or
25         other community plan or that the plan was not followed
26         at the time of the area's development. This factor must
27         be documented by evidence of adverse or incompatible
28         land-use relationships, inadequate street layout,
29         improper subdivision, parcels of inadequate shape and
30         size to meet contemporary development standards, or
31         other evidence demonstrating an absence of effective
32         community planning.
33             (M) The total equalized assessed value of the
34         proposed redevelopment project area has declined for 3
35         of the last 5 calendar years prior to the year in which
36         the redevelopment project area is designated or is

 

 

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1         increasing at an annual rate that is less than the
2         balance of the municipality for 3 of the last 5
3         calendar years for which information is available or is
4         increasing at an annual rate that is less than the
5         Consumer Price Index for All Urban Consumers published
6         by the United States Department of Labor or successor
7         agency for 3 of the last 5 calendar years prior to the
8         year in which the redevelopment project area is
9         designated.
10         (2) If vacant, the sound growth of the redevelopment
11     project area is impaired by a combination of 2 or more of
12     the following factors, each of which is (i) present, with
13     that presence documented, to a meaningful extent so that a
14     municipality may reasonably find that the factor is clearly
15     present within the intent of the Act and (ii) reasonably
16     distributed throughout the vacant part of the
17     redevelopment project area to which it pertains:
18             (A) Obsolete platting of vacant land that results
19         in parcels of limited or narrow size or configurations
20         of parcels of irregular size or shape that would be
21         difficult to develop on a planned basis and in a manner
22         compatible with contemporary standards and
23         requirements, or platting that failed to create
24         rights-of-ways for streets or alleys or that created
25         inadequate right-of-way widths for streets, alleys, or
26         other public rights-of-way or that omitted easements
27         for public utilities.
28             (B) Diversity of ownership of parcels of vacant
29         land sufficient in number to retard or impede the
30         ability to assemble the land for development.
31             (C) Tax and special assessment delinquencies exist
32         or the property has been the subject of tax sales under
33         the Property Tax Code within the last 5 years.
34             (D) Deterioration of structures or site
35         improvements in neighboring areas adjacent to the
36         vacant land.

 

 

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1             (E) The area has incurred Illinois Environmental
2         Protection Agency or United States Environmental
3         Protection Agency remediation costs for, or a study
4         conducted by an independent consultant recognized as
5         having expertise in environmental remediation has
6         determined a need for, the clean-up of hazardous waste,
7         hazardous substances, or underground storage tanks
8         required by State or federal law, provided that the
9         remediation costs constitute a material impediment to
10         the development or redevelopment of the redevelopment
11         project area.
12             (F) The total equalized assessed value of the
13         proposed redevelopment project area has declined for 3
14         of the last 5 calendar years prior to the year in which
15         the redevelopment project area is designated or is
16         increasing at an annual rate that is less than the
17         balance of the municipality for 3 of the last 5
18         calendar years for which information is available or is
19         increasing at an annual rate that is less than the
20         Consumer Price Index for All Urban Consumers published
21         by the United States Department of Labor or successor
22         agency for 3 of the last 5 calendar years prior to the
23         year in which the redevelopment project area is
24         designated.
25         (3) If vacant, the sound growth of the redevelopment
26     project area is impaired by one of the following factors
27     that (i) is present, with that presence documented, to a
28     meaningful extent so that a municipality may reasonably
29     find that the factor is clearly present within the intent
30     of the Act and (ii) is reasonably distributed throughout
31     the vacant part of the redevelopment project area to which
32     it pertains:
33             (A) The area consists of one or more unused
34         quarries, mines, or strip mine ponds.
35             (B) The area consists of unused rail yards, rail
36         tracks, or railroad rights-of-way.

 

 

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1             (C) The area, prior to its designation, is subject
2         to (i) chronic flooding that adversely impacts on real
3         property in the area as certified by a registered
4         professional engineer or appropriate regulatory agency
5         or (ii) surface water that discharges from all or a
6         part of the area and contributes to flooding within the
7         same watershed, but only if the redevelopment project
8         provides for facilities or improvements to contribute
9         to the alleviation of all or part of the flooding.
10             (D) The area consists of an unused or illegal
11         disposal site containing earth, stone, building
12         debris, or similar materials that were removed from
13         construction, demolition, excavation, or dredge sites.
14             (E) Prior to November 1, 1999, the area is not less
15         than 50 nor more than 100 acres and 75% of which is
16         vacant (notwithstanding that the area has been used for
17         commercial agricultural purposes within 5 years prior
18         to the designation of the redevelopment project area),
19         and the area meets at least one of the factors itemized
20         in paragraph (1) of this subsection, the area has been
21         designated as a town or village center by ordinance or
22         comprehensive plan adopted prior to January 1, 1982,
23         and the area has not been developed for that designated
24         purpose.
25             (F) The area qualified as a blighted improved area
26         immediately prior to becoming vacant, unless there has
27         been substantial private investment in the immediately
28         surrounding area.
29     (b) For any redevelopment project area that has been
30 designated pursuant to this Section by an ordinance adopted
31 prior to November 1, 1999 (the effective date of Public Act
32 91-478), "conservation area" shall have the meaning set forth
33 in this Section prior to that date.
34     On and after November 1, 1999, "conservation area" means
35 any improved area within the boundaries of a redevelopment
36 project area located within the territorial limits of the

 

 

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1 municipality in which 50% or more of the structures in the area
2 have an age of 35 years or more. Such an area is not yet a
3 blighted area but because of a combination of 3 or more of the
4 following factors is detrimental to the public safety, health,
5 morals or welfare and such an area may become a blighted area:
6         (1) Dilapidation. An advanced state of disrepair or
7     neglect of necessary repairs to the primary structural
8     components of buildings or improvements in such a
9     combination that a documented building condition analysis
10     determines that major repair is required or the defects are
11     so serious and so extensive that the buildings must be
12     removed.
13         (2) Obsolescence. The condition or process of falling
14     into disuse. Structures have become ill-suited for the
15     original use.
16         (3) Deterioration. With respect to buildings, defects
17     including, but not limited to, major defects in the
18     secondary building components such as doors, windows,
19     porches, gutters and downspouts, and fascia. With respect
20     to surface improvements, that the condition of roadways,
21     alleys, curbs, gutters, sidewalks, off-street parking, and
22     surface storage areas evidence deterioration, including,
23     but not limited to, surface cracking, crumbling, potholes,
24     depressions, loose paving material, and weeds protruding
25     through paved surfaces.
26         (4) Presence of structures below minimum code
27     standards. All structures that do not meet the standards of
28     zoning, subdivision, building, fire, and other
29     governmental codes applicable to property, but not
30     including housing and property maintenance codes.
31         (5) Illegal use of individual structures. The use of
32     structures in violation of applicable federal, State, or
33     local laws, exclusive of those applicable to the presence
34     of structures below minimum code standards.
35         (6) Excessive vacancies. The presence of buildings
36     that are unoccupied or under-utilized and that represent an

 

 

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1     adverse influence on the area because of the frequency,
2     extent, or duration of the vacancies.
3         (7) Lack of ventilation, light, or sanitary
4     facilities. The absence of adequate ventilation for light
5     or air circulation in spaces or rooms without windows, or
6     that require the removal of dust, odor, gas, smoke, or
7     other noxious airborne materials. Inadequate natural light
8     and ventilation means the absence or inadequacy of
9     skylights or windows for interior spaces or rooms and
10     improper window sizes and amounts by room area to window
11     area ratios. Inadequate sanitary facilities refers to the
12     absence or inadequacy of garbage storage and enclosure,
13     bathroom facilities, hot water and kitchens, and
14     structural inadequacies preventing ingress and egress to
15     and from all rooms and units within a building.
16         (8) Inadequate utilities. Underground and overhead
17     utilities such as storm sewers and storm drainage, sanitary
18     sewers, water lines, and gas, telephone, and electrical
19     services that are shown to be inadequate. Inadequate
20     utilities are those that are: (i) of insufficient capacity
21     to serve the uses in the redevelopment project area, (ii)
22     deteriorated, antiquated, obsolete, or in disrepair, or
23     (iii) lacking within the redevelopment project area.
24         (9) Excessive land coverage and overcrowding of
25     structures and community facilities. The over-intensive
26     use of property and the crowding of buildings and accessory
27     facilities onto a site. Examples of problem conditions
28     warranting the designation of an area as one exhibiting
29     excessive land coverage are: the presence of buildings
30     either improperly situated on parcels or located on parcels
31     of inadequate size and shape in relation to present-day
32     standards of development for health and safety and the
33     presence of multiple buildings on a single parcel. For
34     there to be a finding of excessive land coverage, these
35     parcels must exhibit one or more of the following
36     conditions: insufficient provision for light and air

 

 

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1     within or around buildings, increased threat of spread of
2     fire due to the close proximity of buildings, lack of
3     adequate or proper access to a public right-of-way, lack of
4     reasonably required off-street parking, or inadequate
5     provision for loading and service.
6         (10) Deleterious land use or layout. The existence of
7     incompatible land-use relationships, buildings occupied by
8     inappropriate mixed-uses, or uses considered to be
9     noxious, offensive, or unsuitable for the surrounding
10     area.
11         (11) Lack of community planning. The proposed
12     redevelopment project area was developed prior to or
13     without the benefit or guidance of a community plan. This
14     means that the development occurred prior to the adoption
15     by the municipality of a comprehensive or other community
16     plan or that the plan was not followed at the time of the
17     area's development. This factor must be documented by
18     evidence of adverse or incompatible land-use
19     relationships, inadequate street layout, improper
20     subdivision, parcels of inadequate shape and size to meet
21     contemporary development standards, or other evidence
22     demonstrating an absence of effective community planning.
23         (12) The area has incurred Illinois Environmental
24     Protection Agency or United States Environmental
25     Protection Agency remediation costs for, or a study
26     conducted by an independent consultant recognized as
27     having expertise in environmental remediation has
28     determined a need for, the clean-up of hazardous waste,
29     hazardous substances, or underground storage tanks
30     required by State or federal law, provided that the
31     remediation costs constitute a material impediment to the
32     development or redevelopment of the redevelopment project
33     area.
34         (13) The total equalized assessed value of the proposed
35     redevelopment project area has declined for 3 of the last 5
36     calendar years for which information is available or is

 

 

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1     increasing at an annual rate that is less than the balance
2     of the municipality for 3 of the last 5 calendar years for
3     which information is available or is increasing at an
4     annual rate that is less than the Consumer Price Index for
5     All Urban Consumers published by the United States
6     Department of Labor or successor agency for 3 of the last 5
7     calendar years for which information is available.
8     (c) "Industrial park" means an area in a blighted or
9 conservation area suitable for use by any manufacturing,
10 industrial, research or transportation enterprise, of
11 facilities to include but not be limited to factories, mills,
12 processing plants, assembly plants, packing plants,
13 fabricating plants, industrial distribution centers,
14 warehouses, repair overhaul or service facilities, freight
15 terminals, research facilities, test facilities or railroad
16 facilities.
17     (d) "Industrial park conservation area" means an area
18 within the boundaries of a redevelopment project area located
19 within the territorial limits of a municipality that is a labor
20 surplus municipality or within 1 1/2 miles of the territorial
21 limits of a municipality that is a labor surplus municipality
22 if the area is annexed to the municipality; which area is zoned
23 as industrial no later than at the time the municipality by
24 ordinance designates the redevelopment project area, and which
25 area includes both vacant land suitable for use as an
26 industrial park and a blighted area or conservation area
27 contiguous to such vacant land.
28     (e) "Labor surplus municipality" means a municipality in
29 which, at any time during the 6 months before the municipality
30 by ordinance designates an industrial park conservation area,
31 the unemployment rate was over 6% and was also 100% or more of
32 the national average unemployment rate for that same time as
33 published in the United States Department of Labor Bureau of
34 Labor Statistics publication entitled "The Employment
35 Situation" or its successor publication. For the purpose of
36 this subsection, if unemployment rate statistics for the

 

 

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1 municipality are not available, the unemployment rate in the
2 municipality shall be deemed to be the same as the unemployment
3 rate in the principal county in which the municipality is
4 located.
5     (f) "Municipality" shall mean a city, village or
6 incorporated town.
7     (g) "Initial Sales Tax Amounts" means the amount of taxes
8 paid under the Retailers' Occupation Tax Act, Use Tax Act,
9 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 amount
15 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
16 Act, Service Use Tax Act, the Service Occupation Tax Act, the
17 Municipal Retailers' Occupation Tax Act, and the Municipal
18 Service Occupation Tax Act by retailers and servicemen on
19 transactions at places located within the State Sales Tax
20 Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
21     (h) "Municipal Sales Tax Increment" means an amount equal
22 to the increase in the aggregate amount of taxes paid to a
23 municipality from the Local Government Tax Fund arising from
24 sales by retailers and servicemen within the redevelopment
25 project area or State Sales Tax Boundary, as the case may be,
26 for as long as the redevelopment project area or State Sales
27 Tax Boundary, as the case may be, exist over and above the
28 aggregate amount of taxes as certified by the Illinois
29 Department of Revenue and paid under the Municipal Retailers'
30 Occupation Tax Act and the Municipal Service Occupation Tax Act
31 by retailers and servicemen, on transactions at places of
32 business located in the redevelopment project area or State
33 Sales Tax Boundary, as the case may be, during the base year
34 which shall be the calendar year immediately prior to the year
35 in which the municipality adopted tax increment allocation
36 financing. For purposes of computing the aggregate amount of

 

 

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1 such taxes for base years occurring prior to 1985, the
2 Department of Revenue shall determine the Initial Sales Tax
3 Amounts for such taxes and deduct therefrom an amount equal to
4 4% of the aggregate amount of taxes per year for each year the
5 base year is prior to 1985, but not to exceed a total deduction
6 of 12%. The amount so determined shall be known as the
7 "Adjusted Initial Sales Tax Amounts". For purposes of
8 determining the Municipal Sales Tax Increment, the Department
9 of Revenue shall for each period subtract from the amount paid
10 to the municipality from the Local Government Tax Fund arising
11 from sales by retailers and servicemen on transactions located
12 in the redevelopment project area or the State Sales Tax
13 Boundary, as the case may be, the certified Initial Sales Tax
14 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
15 Initial Sales Tax Amounts for the Municipal Retailers'
16 Occupation Tax Act and the Municipal Service Occupation Tax
17 Act. For the State Fiscal Year 1989, this calculation shall be
18 made by utilizing the calendar year 1987 to determine the tax
19 amounts received. For the State Fiscal Year 1990, this
20 calculation shall be made by utilizing the period from January
21 1, 1988, until September 30, 1988, to determine the tax amounts
22 received from retailers and servicemen pursuant to the
23 Municipal Retailers' Occupation Tax and the Municipal Service
24 Occupation Tax Act, which shall have deducted therefrom
25 nine-twelfths of the certified Initial Sales Tax Amounts, the
26 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
27 Tax Amounts as appropriate. For the State Fiscal Year 1991,
28 this calculation shall be made by utilizing the period from
29 October 1, 1988, to June 30, 1989, to determine the tax amounts
30 received from retailers and servicemen pursuant to the
31 Municipal Retailers' Occupation Tax and the Municipal Service
32 Occupation Tax Act which shall have deducted therefrom
33 nine-twelfths of the certified Initial Sales Tax Amounts,
34 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
35 Tax Amounts as appropriate. For every State Fiscal Year
36 thereafter, the applicable period shall be the 12 months

 

 

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1 beginning July 1 and ending June 30 to determine the tax
2 amounts received which shall have deducted therefrom the
3 certified Initial Sales Tax Amounts, the Adjusted Initial Sales
4 Tax Amounts or the Revised Initial Sales Tax Amounts, as the
5 case may be.
6     (i) "Net State Sales Tax Increment" means the sum of the
7 following: (a) 80% of the first $100,000 of State Sales Tax
8 Increment annually generated within a State Sales Tax Boundary;
9 (b) 60% of the amount in excess of $100,000 but not exceeding
10 $500,000 of State Sales Tax Increment annually generated within
11 a State Sales Tax Boundary; and (c) 40% of all amounts in
12 excess of $500,000 of State Sales Tax Increment annually
13 generated within a State Sales Tax Boundary. If, however, a
14 municipality established a tax increment financing district in
15 a county with a population in excess of 3,000,000 before
16 January 1, 1986, and the municipality entered into a contract
17 or issued bonds after January 1, 1986, but before December 31,
18 1986, to finance redevelopment project costs within a State
19 Sales Tax Boundary, then the Net State Sales Tax Increment
20 means, for the fiscal years beginning July 1, 1990, and July 1,
21 1991, 100% of the State Sales Tax Increment annually generated
22 within a State Sales Tax Boundary; and notwithstanding any
23 other provision of this Act, for those fiscal years the
24 Department of Revenue shall distribute to those municipalities
25 100% of their Net State Sales Tax Increment before any
26 distribution to any other municipality and regardless of
27 whether or not those other municipalities will receive 100% of
28 their Net State Sales Tax Increment. For Fiscal Year 1999, and
29 every year thereafter until the year 2007, for any municipality
30 that has not entered into a contract or has not issued bonds
31 prior to June 1, 1988 to finance redevelopment project costs
32 within a State Sales Tax Boundary, the Net State Sales Tax
33 Increment shall be calculated as follows: By multiplying the
34 Net State Sales Tax Increment by 90% in the State Fiscal Year
35 1999; 80% in the State Fiscal Year 2000; 70% in the State
36 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the

 

 

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1 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
2 in the State Fiscal Year 2005; 20% in the State Fiscal Year
3 2006; and 10% in the State Fiscal Year 2007. No payment shall
4 be made for State Fiscal Year 2008 and thereafter.
5     Municipalities that issued bonds in connection with a
6 redevelopment project in a redevelopment project area within
7 the State Sales Tax Boundary prior to July 29, 1991, or that
8 entered into contracts in connection with a redevelopment
9 project in a redevelopment project area before June 1, 1988,
10 shall continue to receive their proportional share of the
11 Illinois Tax Increment Fund distribution until the date on
12 which the redevelopment project is completed or terminated. If,
13 however, a municipality that issued bonds in connection with a
14 redevelopment project in a redevelopment project area within
15 the State Sales Tax Boundary prior to July 29, 1991 retires the
16 bonds prior to June 30, 2007 or a municipality that entered
17 into contracts in connection with a redevelopment project in a
18 redevelopment project area before June 1, 1988 completes the
19 contracts prior to June 30, 2007, then so long as the
20 redevelopment project is not completed or is not terminated,
21 the Net State Sales Tax Increment shall be calculated,
22 beginning on the date on which the bonds are retired or the
23 contracts are completed, as follows: By multiplying the Net
24 State Sales Tax Increment by 60% in the State Fiscal Year 2002;
25 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
26 2004; 30% in the State Fiscal Year 2005; 20% in the State
27 Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
28 payment shall be made for State Fiscal Year 2008 and
29 thereafter. Refunding of any bonds issued prior to July 29,
30 1991, shall not alter the Net State Sales Tax Increment.
31     (j) "State Utility Tax Increment Amount" means an amount
32 equal to the aggregate increase in State electric and gas tax
33 charges imposed on owners and tenants, other than residential
34 customers, of properties located within the redevelopment
35 project area under Section 9-222 of the Public Utilities Act,
36 over and above the aggregate of such charges as certified by

 

 

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1 the Department of Revenue and paid by owners and tenants, other
2 than residential customers, of properties within the
3 redevelopment project area during the base year, which shall be
4 the calendar year immediately prior to the year of the adoption
5 of the ordinance authorizing tax increment allocation
6 financing.
7     (k) "Net State Utility Tax Increment" means the sum of the
8 following: (a) 80% of the first $100,000 of State Utility Tax
9 Increment annually generated by a redevelopment project area;
10 (b) 60% of the amount in excess of $100,000 but not exceeding
11 $500,000 of the State Utility Tax Increment annually generated
12 by a redevelopment project area; and (c) 40% of all amounts in
13 excess of $500,000 of State Utility Tax Increment annually
14 generated by a redevelopment project area. For the State Fiscal
15 Year 1999, and every year thereafter until the year 2007, for
16 any municipality that has not entered into a contract or has
17 not issued bonds prior to June 1, 1988 to finance redevelopment
18 project costs within a redevelopment project area, the Net
19 State Utility Tax Increment shall be calculated as follows: By
20 multiplying the Net State Utility Tax Increment by 90% in the
21 State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
22 in the State Fiscal Year 2001; 60% in the State Fiscal Year
23 2002; 50% in the State Fiscal Year 2003; 40% in the State
24 Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
25 State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
26 No payment shall be made for the State Fiscal Year 2008 and
27 thereafter.
28     Municipalities that issue bonds in connection with the
29 redevelopment project during the period from June 1, 1988 until
30 3 years after the effective date of this Amendatory Act of 1988
31 shall receive the Net State Utility Tax Increment, subject to
32 appropriation, for 15 State Fiscal Years after the issuance of
33 such bonds. For the 16th through the 20th State Fiscal Years
34 after issuance of the bonds, the Net State Utility Tax
35 Increment shall be calculated as follows: By multiplying the
36 Net State Utility Tax Increment by 90% in year 16; 80% in year

 

 

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1 17; 70% in year 18; 60% in year 19; and 50% in year 20.
2 Refunding of any bonds issued prior to June 1, 1988, shall not
3 alter the revised Net State Utility Tax Increment payments set
4 forth above.
5     (l) "Obligations" mean bonds, loans, debentures, notes,
6 special certificates or other evidence of indebtedness issued
7 by the municipality to carry out a redevelopment project or to
8 refund outstanding obligations.
9     (m) "Payment in lieu of taxes" means those estimated tax
10 revenues from real property in a redevelopment project area
11 derived from real property that has been acquired by a
12 municipality which according to the redevelopment project or
13 plan is to be used for a private use which taxing districts
14 would have received had a municipality not acquired the real
15 property and adopted tax increment allocation financing and
16 which would result from levies made after the time of the
17 adoption of tax increment allocation financing to the time the
18 current equalized value of real property in the redevelopment
19 project area exceeds the total initial equalized value of real
20 property in said area.
21     (n) "Redevelopment plan" means the comprehensive program
22 of the municipality for development or redevelopment intended
23 by the payment of redevelopment project costs to reduce or
24 eliminate those conditions the existence of which qualified the
25 redevelopment project area as a "blighted area" or
26 "conservation area" or combination thereof or "industrial park
27 conservation area," and thereby to enhance the tax bases of the
28 taxing districts which extend into the redevelopment project
29 area. On and after November 1, 1999 (the effective date of
30 Public Act 91-478), no redevelopment plan may be approved or
31 amended that includes the development of vacant land (i) with a
32 golf course and related clubhouse and other facilities or (ii)
33 designated by federal, State, county, or municipal government
34 as public land for outdoor recreational activities or for
35 nature preserves and used for that purpose within 5 years prior
36 to the adoption of the redevelopment plan. For the purpose of

 

 

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1 this subsection, "recreational activities" is limited to mean
2 camping and hunting. Each redevelopment plan shall set forth in
3 writing the program to be undertaken to accomplish the
4 objectives and shall include but not be limited to:
5         (A) an itemized list of estimated redevelopment
6     project costs;
7         (B) evidence indicating that the redevelopment project
8     area on the whole has not been subject to growth and
9     development through investment by private enterprise;
10         (C) an assessment of any financial impact of the
11     redevelopment project area on or any increased demand for
12     services from any taxing district affected by the plan and
13     any program to address such financial impact or increased
14     demand;
15         (D) the sources of funds to pay costs;
16         (E) the nature and term of the obligations to be
17     issued;
18         (F) the most recent equalized assessed valuation of the
19     redevelopment project area;
20         (G) an estimate as to the equalized assessed valuation
21     after redevelopment and the general land uses to apply in
22     the redevelopment project area;
23         (H) a commitment to fair employment practices and an
24     affirmative action plan;
25         (I) if it concerns an industrial park conservation
26     area, the plan shall also include a general description of
27     any proposed developer, user and tenant of any property, a
28     description of the type, structure and general character of
29     the facilities to be developed, a description of the type,
30     class and number of new employees to be employed in the
31     operation of the facilities to be developed; and
32         (J) if property is to be annexed to the municipality,
33     the plan shall include the terms of the annexation
34     agreement.
35     The provisions of items (B) and (C) of this subsection (n)
36 shall not apply to a municipality that before March 14, 1994

 

 

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1 (the effective date of Public Act 88-537) had fixed, either by
2 its corporate authorities or by a commission designated under
3 subsection (k) of Section 11-74.4-4, a time and place for a
4 public hearing as required by subsection (a) of Section
5 11-74.4-5. No redevelopment plan shall be adopted unless a
6 municipality complies with all of the following requirements:
7         (1) The municipality finds that the redevelopment
8     project area on the whole has not been subject to growth
9     and development through investment by private enterprise
10     and would not reasonably be anticipated to be developed
11     without the adoption of the redevelopment plan.
12         (2) The municipality finds that the redevelopment plan
13     and project conform to the comprehensive plan for the
14     development of the municipality as a whole, or, for
15     municipalities with a population of 100,000 or more,
16     regardless of when the redevelopment plan and project was
17     adopted, the redevelopment plan and project either: (i)
18     conforms to the strategic economic development or
19     redevelopment plan issued by the designated planning
20     authority of the municipality, or (ii) includes land uses
21     that have been approved by the planning commission of the
22     municipality.
23         (3) The redevelopment plan establishes the estimated
24     dates of completion of the redevelopment project and
25     retirement of obligations issued to finance redevelopment
26     project costs. Those dates shall not be later than December
27     31 of the year in which the payment to the municipal
28     treasurer as provided in subsection (b) of Section
29     11-74.4-8 of this Act is to be made with respect to ad
30     valorem taxes levied in the twenty-third calendar year
31     after the year in which the ordinance approving the
32     redevelopment project area is adopted if the ordinance was
33     adopted on or after January 15, 1981, and not later than
34     December 31 of the year in which the payment to the
35     municipal treasurer as provided in subsection (b) of
36     Section 11-74.4-8 of this Act is to be made with respect to

 

 

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1     ad valorem taxes levied in the thirty-fifth calendar year
2     after the year in which the ordinance approving the
3     redevelopment project area is adopted:
4             (A) if the ordinance was adopted before January 15,
5         1981, or
6             (B) if the ordinance was adopted in December 1983,
7         April 1984, July 1985, or December 1989, or
8             (C) if the ordinance was adopted in December 1987
9         and the redevelopment project is located within one
10         mile of Midway Airport, or
11             (D) if the ordinance was adopted before January 1,
12         1987 by a municipality in Mason County, or
13             (E) if the municipality is subject to the Local
14         Government Financial Planning and Supervision Act or
15         the Financially Distressed City Law, or
16             (F) if the ordinance was adopted in December 1984
17         by the Village of Rosemont, or
18             (G) if the ordinance was adopted on December 31,
19         1986 by a municipality located in Clinton County for
20         which at least $250,000 of tax increment bonds were
21         authorized on June 17, 1997, or if the ordinance was
22         adopted on December 31, 1986 by a municipality with a
23         population in 1990 of less than 3,600 that is located
24         in a county with a population in 1990 of less than
25         34,000 and for which at least $250,000 of tax increment
26         bonds were authorized on June 17, 1997, or
27             (H) if the ordinance was adopted on October 5, 1982
28         by the City of Kankakee, or if the ordinance was
29         adopted on December 29, 1986 by East St. Louis, or
30             (I) if the ordinance was adopted on November 12,
31         1991 by the Village of Sauget, or
32             (J) if the ordinance was adopted on February 11,
33         1985 by the City of Rock Island, or
34             (K) if the ordinance was adopted before December
35         18, 1986 by the City of Moline, or
36             (L) if the ordinance was adopted in September 1988

 

 

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1         by Sauk Village, or
2             (M) if the ordinance was adopted in October 1993 by
3         Sauk Village, or
4             (N) if the ordinance was adopted on December 29,
5         1986 by the City of Galva, or
6             (O) if the ordinance was adopted in March 1991 by
7         the City of Centreville, or
8             (P) if the ordinance was adopted on January 23,
9         1991 by the City of East St. Louis, or
10             (Q) if the ordinance was adopted on December 22,
11         1986 by the City of Aledo, or
12             (R) if the ordinance was adopted on February 5,
13         1990 by the City of Clinton, or
14             (S) if the ordinance was adopted on September 6,
15         1994 by the City of Freeport, or
16             (T) if the ordinance was adopted on December 22,
17         1986 by the City of Tuscola, or
18             (U) if the ordinance was adopted on December 23,
19         1986 by the City of Sparta, or
20             (V) if the ordinance was adopted on December 23,
21         1986 by the City of Beardstown, or
22             (W) if the ordinance was adopted on April 27, 1981,
23         October 21, 1985, or December 30, 1986 by the City of
24         Belleville, or
25             (X) if the ordinance was adopted on December 29,
26         1986 by the City of Collinsville, or
27             (Y) if the ordinance was adopted on September 14,
28         1994 by the City of Alton, or
29             (Z) if the ordinance was adopted on November 11,
30         1996 by the City of Lexington, or
31             (AA) if the ordinance was adopted on November 5,
32         1984 by the City of LeRoy, or
33             (BB) if the ordinance was adopted on April 3, 1991
34         or June 3, 1992 by the City of Markham, or
35             (CC) if the ordinance was adopted on November 11,
36         1986 by the City of Pekin.

 

 

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1         However, for redevelopment project areas for which
2     bonds were issued before July 29, 1991, or for which
3     contracts were entered into before June 1, 1988, in
4     connection with a redevelopment project in the area within
5     the State Sales Tax Boundary, the estimated dates of
6     completion of the redevelopment project and retirement of
7     obligations to finance redevelopment project costs may be
8     extended by municipal ordinance to December 31, 2013. The
9     termination procedures of subsection (b) of Section
10     11-74.4-8 are not required for these redevelopment project
11     areas in 2009 but are required in 2013. The extension
12     allowed by this amendatory Act of 1993 shall not apply to
13     real property tax increment allocation financing under
14     Section 11-74.4-8.
15         A municipality may by municipal ordinance amend an
16     existing redevelopment plan to conform to this paragraph
17     (3) as amended by Public Act 91-478, which municipal
18     ordinance may be adopted without further hearing or notice
19     and without complying with the procedures provided in this
20     Act pertaining to an amendment to or the initial approval
21     of a redevelopment plan and project and designation of a
22     redevelopment project area.
23         Those dates, for purposes of real property tax
24     increment allocation financing pursuant to Section
25     11-74.4-8 only, shall be not more than 35 years for
26     redevelopment project areas that were adopted on or after
27     December 16, 1986 and for which at least $8 million worth
28     of municipal bonds were authorized on or after December 19,
29     1989 but before January 1, 1990; provided that the
30     municipality elects to extend the life of the redevelopment
31     project area to 35 years by the adoption of an ordinance
32     after at least 14 but not more than 30 days' written notice
33     to the taxing bodies, that would otherwise constitute the
34     joint review board for the redevelopment project area,
35     before the adoption of the ordinance.
36         Those dates, for purposes of real property tax

 

 

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1     increment allocation financing pursuant to Section
2     11-74.4-8 only, shall be not more than 35 years for
3     redevelopment project areas that were established on or
4     after December 1, 1981 but before January 1, 1982 and for
5     which at least $1,500,000 worth of tax increment revenue
6     bonds were authorized on or after September 30, 1990 but
7     before July 1, 1991; provided that the municipality elects
8     to extend the life of the redevelopment project area to 35
9     years by the adoption of an ordinance after at least 14 but
10     not more than 30 days' written notice to the taxing bodies,
11     that would otherwise constitute the joint review board for
12     the redevelopment project area, before the adoption of the
13     ordinance.
14         (3.5) The municipality finds, in the case of an
15     industrial park conservation area, also that the
16     municipality is a labor surplus municipality and that the
17     implementation of the redevelopment plan will reduce
18     unemployment, create new jobs and by the provision of new
19     facilities enhance the tax base of the taxing districts
20     that extend into the redevelopment project area.
21         (4) If any incremental revenues are being utilized
22     under Section 8(a)(1) or 8(a)(2) of this Act in
23     redevelopment project areas approved by ordinance after
24     January 1, 1986, the municipality finds: (a) that the
25     redevelopment project area would not reasonably be
26     developed without the use of such incremental revenues, and
27     (b) that such incremental revenues will be exclusively
28     utilized for the development of the redevelopment project
29     area.
30         (5) If the redevelopment plan will not result in
31     displacement of residents from 10 or more inhabited
32     residential units, and the municipality certifies in the
33     plan that such displacement will not result from the plan,
34     a housing impact study need not be performed. If, however,
35     the redevelopment plan would result in the displacement of
36     residents from 10 or more inhabited residential units, or

 

 

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1     if the redevelopment project area contains 75 or more
2     inhabited residential units and no certification is made,
3     then the municipality shall prepare, as part of the
4     separate feasibility report required by subsection (a) of
5     Section 11-74.4-5, a housing impact study.
6         Part I of the housing impact study shall include (i)
7     data as to whether the residential units are single family
8     or multi-family units, (ii) the number and type of rooms
9     within the units, if that information is available, (iii)
10     whether the units are inhabited or uninhabited, as
11     determined not less than 45 days before the date that the
12     ordinance or resolution required by subsection (a) of
13     Section 11-74.4-5 is passed, and (iv) data as to the racial
14     and ethnic composition of the residents in the inhabited
15     residential units. The data requirement as to the racial
16     and ethnic composition of the residents in the inhabited
17     residential units shall be deemed to be fully satisfied by
18     data from the most recent federal census.
19         Part II of the housing impact study shall identify the
20     inhabited residential units in the proposed redevelopment
21     project area that are to be or may be removed. If inhabited
22     residential units are to be removed, then the housing
23     impact study shall identify (i) the number and location of
24     those units that will or may be removed, (ii) the
25     municipality's plans for relocation assistance for those
26     residents in the proposed redevelopment project area whose
27     residences are to be removed, (iii) the availability of
28     replacement housing for those residents whose residences
29     are to be removed, and shall identify the type, location,
30     and cost of the housing, and (iv) the type and extent of
31     relocation assistance to be provided.
32         (6) On and after November 1, 1999, the housing impact
33     study required by paragraph (5) shall be incorporated in
34     the redevelopment plan for the redevelopment project area.
35         (7) On and after November 1, 1999, no redevelopment
36     plan shall be adopted, nor an existing plan amended, nor

 

 

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1     shall residential housing that is occupied by households of
2     low-income and very low-income persons in currently
3     existing redevelopment project areas be removed after
4     November 1, 1999 unless the redevelopment plan provides,
5     with respect to inhabited housing units that are to be
6     removed for households of low-income and very low-income
7     persons, affordable housing and relocation assistance not
8     less than that which would be provided under the federal
9     Uniform Relocation Assistance and Real Property
10     Acquisition Policies Act of 1970 and the regulations under
11     that Act, including the eligibility criteria. Affordable
12     housing may be either existing or newly constructed
13     housing. For purposes of this paragraph (7), "low-income
14     households", "very low-income households", and "affordable
15     housing" have the meanings set forth in the Illinois
16     Affordable Housing Act. The municipality shall make a good
17     faith effort to ensure that this affordable housing is
18     located in or near the redevelopment project area within
19     the municipality.
20         (8) On and after November 1, 1999, if, after the
21     adoption of the redevelopment plan for the redevelopment
22     project area, any municipality desires to amend its
23     redevelopment plan to remove more inhabited residential
24     units than specified in its original redevelopment plan,
25     that change shall be made in accordance with the procedures
26     in subsection (c) of Section 11-74.4-5.
27         (9) For redevelopment project areas designated prior
28     to November 1, 1999, the redevelopment plan may be amended
29     without further joint review board meeting or hearing,
30     provided that the municipality shall give notice of any
31     such changes by mail to each affected taxing district and
32     registrant on the interested party registry, to authorize
33     the municipality to expend tax increment revenues for
34     redevelopment project costs defined by paragraphs (5) and
35     (7.5), subparagraphs (E) and (F) of paragraph (11), and
36     paragraph (11.5) of subsection (q) of Section 11-74.4-3, so

 

 

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1     long as the changes do not increase the total estimated
2     redevelopment project costs set out in the redevelopment
3     plan by more than 5% after adjustment for inflation from
4     the date the plan was adopted.
5     (o) "Redevelopment project" means any public and private
6 development project in furtherance of the objectives of a
7 redevelopment plan. On and after November 1, 1999 (the
8 effective date of Public Act 91-478), no redevelopment plan may
9 be approved or amended that includes the development of vacant
10 land (i) with a golf course and related clubhouse and other
11 facilities or (ii) designated by federal, State, county, or
12 municipal government as public land for outdoor recreational
13 activities or for nature preserves and used for that purpose
14 within 5 years prior to the adoption of the redevelopment plan.
15 For the purpose of this subsection, "recreational activities"
16 is limited to mean camping and hunting.
17     (p) "Redevelopment project area" means an area designated
18 by the municipality, which is not less in the aggregate than 1
19 1/2 acres and in respect to which the municipality has made a
20 finding that there exist conditions which cause the area to be
21 classified as an industrial park conservation area or a
22 blighted area or a conservation area, or a combination of both
23 blighted areas and conservation areas.
24     (q) "Redevelopment project costs" mean and include the sum
25 total of all reasonable or necessary costs incurred or
26 estimated to be incurred, and any such costs incidental to a
27 redevelopment plan and a redevelopment project. Such costs
28 include, without limitation, the following:
29         (1) Costs of studies, surveys, development of plans,
30     and specifications, implementation and administration of
31     the redevelopment plan including but not limited to staff
32     and professional service costs for architectural,
33     engineering, legal, financial, planning or other services,
34     provided however that no charges for professional services
35     may be based on a percentage of the tax increment
36     collected; except that on and after November 1, 1999 (the

 

 

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1     effective date of Public Act 91-478), no contracts for
2     professional services, excluding architectural and
3     engineering services, may be entered into if the terms of
4     the contract extend beyond a period of 3 years. In
5     addition, "redevelopment project costs" shall not include
6     lobbying expenses. After consultation with the
7     municipality, each tax increment consultant or advisor to a
8     municipality that plans to designate or has designated a
9     redevelopment project area shall inform the municipality
10     in writing of any contracts that the consultant or advisor
11     has entered into with entities or individuals that have
12     received, or are receiving, payments financed by tax
13     increment revenues produced by the redevelopment project
14     area with respect to which the consultant or advisor has
15     performed, or will be performing, service for the
16     municipality. This requirement shall be satisfied by the
17     consultant or advisor before the commencement of services
18     for the municipality and thereafter whenever any other
19     contracts with those individuals or entities are executed
20     by the consultant or advisor;
21         (1.5) After July 1, 1999, annual administrative costs
22     shall not include general overhead or administrative costs
23     of the municipality that would still have been incurred by
24     the municipality if the municipality had not designated a
25     redevelopment project area or approved a redevelopment
26     plan;
27         (1.6) The cost of marketing sites within the
28     redevelopment project area to prospective businesses,
29     developers, and investors;
30         (2) Property assembly costs, including but not limited
31     to acquisition of land and other property, real or
32     personal, or rights or interests therein, demolition of
33     buildings, site preparation, site improvements that serve
34     as an engineered barrier addressing ground level or below
35     ground environmental contamination, including, but not
36     limited to parking lots and other concrete or asphalt

 

 

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1     barriers, and the clearing and grading of land;
2         (3) Costs of rehabilitation, reconstruction or repair
3     or remodeling of existing public or private buildings,
4     fixtures, and leasehold improvements; and the cost of
5     replacing an existing public building if pursuant to the
6     implementation of a redevelopment project the existing
7     public building is to be demolished to use the site for
8     private investment or devoted to a different use requiring
9     private investment;
10         (4) Costs of the construction of public works or
11     improvements, except that on and after November 1, 1999,
12     redevelopment project costs shall not include the cost of
13     constructing a new municipal public building principally
14     used to provide offices, storage space, or conference
15     facilities or vehicle storage, maintenance, or repair for
16     administrative, public safety, or public works personnel
17     and that is not intended to replace an existing public
18     building as provided under paragraph (3) of subsection (q)
19     of Section 11-74.4-3 unless either (i) the construction of
20     the new municipal building implements a redevelopment
21     project that was included in a redevelopment plan that was
22     adopted by the municipality prior to November 1, 1999 or
23     (ii) the municipality makes a reasonable determination in
24     the redevelopment plan, supported by information that
25     provides the basis for that determination, that the new
26     municipal building is required to meet an increase in the
27     need for public safety purposes anticipated to result from
28     the implementation of the redevelopment plan;
29         (5) Costs of job training and retraining projects,
30     including the cost of "welfare to work" programs
31     implemented by businesses located within the redevelopment
32     project area;
33         (6) Financing costs, including but not limited to all
34     necessary and incidental expenses related to the issuance
35     of obligations and which may include payment of interest on
36     any obligations issued hereunder including interest

 

 

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1     accruing during the estimated period of construction of any
2     redevelopment project for which such obligations are
3     issued and for not exceeding 36 months thereafter and
4     including reasonable reserves related thereto;
5         (7) To the extent the municipality by written agreement
6     accepts and approves the same, all or a portion of a taxing
7     district's capital costs resulting from the redevelopment
8     project necessarily incurred or to be incurred within a
9     taxing district in furtherance of the objectives of the
10     redevelopment plan and project.
11         (7.5) For redevelopment project areas designated (or
12     redevelopment project areas amended to add or increase the
13     number of tax-increment-financing assisted housing units)
14     on or after November 1, 1999, an elementary, secondary, or
15     unit school district's increased costs attributable to
16     assisted housing units located within the redevelopment
17     project area for which the developer or redeveloper
18     receives financial assistance through an agreement with
19     the municipality or because the municipality incurs the
20     cost of necessary infrastructure improvements within the
21     boundaries of the assisted housing sites necessary for the
22     completion of that housing as authorized by this Act, and
23     which costs shall be paid by the municipality from the
24     Special Tax Allocation Fund when the tax increment revenue
25     is received as a result of the assisted housing units and
26     shall be calculated annually as follows:
27             (A) for foundation districts, excluding any school
28         district in a municipality with a population in excess
29         of 1,000,000, by multiplying the district's increase
30         in attendance resulting from the net increase in new
31         students enrolled in that school district who reside in
32         housing units within the redevelopment project area
33         that have received financial assistance through an
34         agreement with the municipality or because the
35         municipality incurs the cost of necessary
36         infrastructure improvements within the boundaries of

 

 

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1         the housing sites necessary for the completion of that
2         housing as authorized by this Act since the designation
3         of the redevelopment project area by the most recently
4         available per capita tuition cost as defined in Section
5         10-20.12a of the School Code less any increase in
6         general State aid as defined in Section 18-8.05 of the
7         School Code attributable to these added new students
8         subject to the following annual limitations:
9                 (i) for unit school districts with a district
10             average 1995-96 Per Capita Tuition Charge of less
11             than $5,900, no more than 25% of the total amount
12             of property tax increment revenue produced by
13             those housing units that have received tax
14             increment finance assistance under this Act;
15                 (ii) for elementary school districts with a
16             district average 1995-96 Per Capita Tuition Charge
17             of less than $5,900, no more than 17% of the total
18             amount of property tax increment revenue produced
19             by those housing units that have received tax
20             increment finance assistance under this Act; and
21                 (iii) for secondary school districts with a
22             district average 1995-96 Per Capita Tuition Charge
23             of less than $5,900, no more than 8% of the total
24             amount of property tax increment revenue produced
25             by those housing units that have received tax
26             increment finance assistance under this Act.
27             (B) For alternate method districts, flat grant
28         districts, and foundation districts with a district
29         average 1995-96 Per Capita Tuition Charge equal to or
30         more than $5,900, excluding any school district with a
31         population in excess of 1,000,000, by multiplying the
32         district's increase in attendance resulting from the
33         net increase in new students enrolled in that school
34         district who reside in housing units within the
35         redevelopment project area that have received
36         financial assistance through an agreement with the

 

 

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1         municipality or because the municipality incurs the
2         cost of necessary infrastructure improvements within
3         the boundaries of the housing sites necessary for the
4         completion of that housing as authorized by this Act
5         since the designation of the redevelopment project
6         area by the most recently available per capita tuition
7         cost as defined in Section 10-20.12a of the School Code
8         less any increase in general state aid as defined in
9         Section 18-8.05 of the School Code attributable to
10         these added new students subject to the following
11         annual limitations:
12                 (i) for unit school districts, no more than 40%
13             of the total amount of property tax increment
14             revenue produced by those housing units that have
15             received tax increment finance assistance under
16             this Act;
17                 (ii) for elementary school districts, no more
18             than 27% of the total amount of property tax
19             increment revenue produced by those housing units
20             that have received tax increment finance
21             assistance under this Act; and
22                 (iii) for secondary school districts, no more
23             than 13% of the total amount of property tax
24             increment revenue produced by those housing units
25             that have received tax increment finance
26             assistance under this Act.
27             (C) For any school district in a municipality with
28         a population in excess of 1,000,000, the following
29         restrictions shall apply to the reimbursement of
30         increased costs under this paragraph (7.5):
31                 (i) no increased costs shall be reimbursed
32             unless the school district certifies that each of
33             the schools affected by the assisted housing
34             project is at or over its student capacity;
35                 (ii) the amount reimbursable shall be reduced
36             by the value of any land donated to the school

 

 

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1             district by the municipality or developer, and by
2             the value of any physical improvements made to the
3             schools by the municipality or developer; and
4                 (iii) the amount reimbursed may not affect
5             amounts otherwise obligated by the terms of any
6             bonds, notes, or other funding instruments, or the
7             terms of any redevelopment agreement.
8         Any school district seeking payment under this
9         paragraph (7.5) shall, after July 1 and before
10         September 30 of each year, provide the municipality
11         with reasonable evidence to support its claim for
12         reimbursement before the municipality shall be
13         required to approve or make the payment to the school
14         district. If the school district fails to provide the
15         information during this period in any year, it shall
16         forfeit any claim to reimbursement for that year.
17         School districts may adopt a resolution waiving the
18         right to all or a portion of the reimbursement
19         otherwise required by this paragraph (7.5). By
20         acceptance of this reimbursement the school district
21         waives the right to directly or indirectly set aside,
22         modify, or contest in any manner the establishment of
23         the redevelopment project area or projects;
24         (8) Relocation costs to the extent that a municipality
25     determines that relocation costs shall be paid or is
26     required to make payment of relocation costs by federal or
27     State law or in order to satisfy subparagraph (7) of
28     subsection (n);
29         (9) Payment in lieu of taxes;
30         (10) Costs of job training, retraining, advanced
31     vocational education or career education, including but
32     not limited to courses in occupational, semi-technical or
33     technical fields leading directly to employment, incurred
34     by one or more taxing districts, provided that such costs
35     (i) are related to the establishment and maintenance of
36     additional job training, advanced vocational education or

 

 

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1     career education programs for persons employed or to be
2     employed by employers located in a redevelopment project
3     area; and (ii) when incurred by a taxing district or taxing
4     districts other than the municipality, are set forth in a
5     written agreement by or among the municipality and the
6     taxing district or taxing districts, which agreement
7     describes the program to be undertaken, including but not
8     limited to the number of employees to be trained, a
9     description of the training and services to be provided,
10     the number and type of positions available or to be
11     available, itemized costs of the program and sources of
12     funds to pay for the same, and the term of the agreement.
13     Such costs include, specifically, the payment by community
14     college districts of costs pursuant to Sections 3-37, 3-38,
15     3-40 and 3-40.1 of the Public Community College Act and by
16     school districts of costs pursuant to Sections 10-22.20a
17     and 10-23.3a of The School Code;
18         (11) Interest cost incurred by a redeveloper related to
19     the construction, renovation or rehabilitation of a
20     redevelopment project provided that:
21             (A) such costs are to be paid directly from the
22         special tax allocation fund established pursuant to
23         this Act;
24             (B) such payments in any one year may not exceed
25         30% of the annual interest costs incurred by the
26         redeveloper with regard to the redevelopment project
27         during that year;
28             (C) if there are not sufficient funds available in
29         the special tax allocation fund to make the payment
30         pursuant to this paragraph (11) then the amounts so due
31         shall accrue and be payable when sufficient funds are
32         available in the special tax allocation fund;
33             (D) the total of such interest payments paid
34         pursuant to this Act may not exceed 30% of the total
35         (i) cost paid or incurred by the redeveloper for the
36         redevelopment project plus (ii) redevelopment project

 

 

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1         costs excluding any property assembly costs and any
2         relocation costs incurred by a municipality pursuant
3         to this Act; and
4             (E) the cost limits set forth in subparagraphs (B)
5         and (D) of paragraph (11) shall be modified for the
6         financing of rehabilitated or new housing units for
7         low-income households and very low-income households,
8         as defined in Section 3 of the Illinois Affordable
9         Housing Act. The percentage of 75% shall be substituted
10         for 30% in subparagraphs (B) and (D) of paragraph (11).
11             (F) Instead of the eligible costs provided by
12         subparagraphs (B) and (D) of paragraph (11), as
13         modified by this subparagraph, and notwithstanding any
14         other provisions of this Act to the contrary, the
15         municipality may pay from tax increment revenues up to
16         50% of the cost of construction of new housing units to
17         be occupied by low-income households and very
18         low-income households as defined in Section 3 of the
19         Illinois Affordable Housing Act. The cost of
20         construction of those units may be derived from the
21         proceeds of bonds issued by the municipality under this
22         Act or other constitutional or statutory authority or
23         from other sources of municipal revenue that may be
24         reimbursed from tax increment revenues or the proceeds
25         of bonds issued to finance the construction of that
26         housing.
27             The eligible costs provided under this
28         subparagraph (F) of paragraph (11) shall be an eligible
29         cost for the construction, renovation, and
30         rehabilitation of all low and very low-income housing
31         units, as defined in Section 3 of the Illinois
32         Affordable Housing Act, within the redevelopment
33         project area. If the low and very low-income units are
34         part of a residential redevelopment project that
35         includes units not affordable to low and very
36         low-income households, only the low and very

 

 

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1         low-income units shall be eligible for benefits under
2         subparagraph (F) of paragraph (11). The standards for
3         maintaining the occupancy by low-income households and
4         very low-income households, as defined in Section 3 of
5         the Illinois Affordable Housing Act, of those units
6         constructed with eligible costs made available under
7         the provisions of this subparagraph (F) of paragraph
8         (11) shall be established by guidelines adopted by the
9         municipality. The responsibility for annually
10         documenting the initial occupancy of the units by
11         low-income households and very low-income households,
12         as defined in Section 3 of the Illinois Affordable
13         Housing Act, shall be that of the then current owner of
14         the property. For ownership units, the guidelines will
15         provide, at a minimum, for a reasonable recapture of
16         funds, or other appropriate methods designed to
17         preserve the original affordability of the ownership
18         units. For rental units, the guidelines will provide,
19         at a minimum, for the affordability of rent to low and
20         very low-income households. As units become available,
21         they shall be rented to income-eligible tenants. The
22         municipality may modify these guidelines from time to
23         time; the guidelines, however, shall be in effect for
24         as long as tax increment revenue is being used to pay
25         for costs associated with the units or for the
26         retirement of bonds issued to finance the units or for
27         the life of the redevelopment project area, whichever
28         is later.
29         (11.5) If the redevelopment project area is located
30     within a municipality with a population of more than
31     100,000, the cost of day care services for children of
32     employees from low-income families working for businesses
33     located within the redevelopment project area and all or a
34     portion of the cost of operation of day care centers
35     established by redevelopment project area businesses to
36     serve employees from low-income families working in

 

 

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1     businesses located in the redevelopment project area. For
2     the purposes of this paragraph, "low-income families"
3     means families whose annual income does not exceed 80% of
4     the municipal, county, or regional median income, adjusted
5     for family size, as the annual income and municipal,
6     county, or regional median income are determined from time
7     to time by the United States Department of Housing and
8     Urban Development.
9         (12) Unless explicitly stated herein the cost of
10     construction of new privately-owned buildings shall not be
11     an eligible redevelopment project cost.
12         (13) After November 1, 1999 (the effective date of
13     Public Act 91-478), none of the redevelopment project costs
14     enumerated in this subsection shall be eligible
15     redevelopment project costs if those costs would provide
16     direct financial support to a retail entity initiating
17     operations in the redevelopment project area while
18     terminating operations at another Illinois location within
19     10 miles of the redevelopment project area but outside the
20     boundaries of the redevelopment project area municipality.
21     For purposes of this paragraph, termination means a closing
22     of a retail operation that is directly related to the
23     opening of the same operation or like retail entity owned
24     or operated by more than 50% of the original ownership in a
25     redevelopment project area, but it does not mean closing an
26     operation for reasons beyond the control of the retail
27     entity, as documented by the retail entity, subject to a
28     reasonable finding by the municipality that the current
29     location contained inadequate space, had become
30     economically obsolete, or was no longer a viable location
31     for the retailer or serviceman.
32     If a special service area has been established pursuant to
33 the Special Service Area Tax Act or Special Service Area Tax
34 Law, then any tax increment revenues derived from the tax
35 imposed pursuant to the Special Service Area Tax Act or Special
36 Service Area Tax Law may be used within the redevelopment

 

 

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1 project area for the purposes permitted by that Act or Law as
2 well as the purposes permitted by this Act.
3     (r) "State Sales Tax Boundary" means the redevelopment
4 project area or the amended redevelopment project area
5 boundaries which are determined pursuant to subsection (9) of
6 Section 11-74.4-8a of this Act. The Department of Revenue shall
7 certify pursuant to subsection (9) of Section 11-74.4-8a the
8 appropriate boundaries eligible for the determination of State
9 Sales Tax Increment.
10     (s) "State Sales Tax Increment" means an amount equal to
11 the increase in the aggregate amount of taxes paid by retailers
12 and servicemen, other than retailers and servicemen subject to
13 the Public Utilities Act, on transactions at places of business
14 located within a State Sales Tax Boundary pursuant to the
15 Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
16 Tax Act, and the Service Occupation Tax Act, except such
17 portion of such increase that is paid into the State and Local
18 Sales Tax Reform Fund, the Local Government Distributive Fund,
19 the Local Government Tax Fund and the County and Mass Transit
20 District Fund, for as long as State participation exists, over
21 and above the Initial Sales Tax Amounts, Adjusted Initial Sales
22 Tax Amounts or the Revised Initial Sales Tax Amounts for such
23 taxes as certified by the Department of Revenue and paid under
24 those Acts by retailers and servicemen on transactions at
25 places of business located within the State Sales Tax Boundary
26 during the base year which shall be the calendar year
27 immediately prior to the year in which the municipality adopted
28 tax increment allocation financing, less 3.0% of such amounts
29 generated under the Retailers' Occupation Tax Act, Use Tax Act
30 and Service Use Tax Act and the Service Occupation Tax Act,
31 which sum shall be appropriated to the Department of Revenue to
32 cover its costs of administering and enforcing this Section.
33 For purposes of computing the aggregate amount of such taxes
34 for base years occurring prior to 1985, the Department of
35 Revenue shall compute the Initial Sales Tax Amount for such
36 taxes and deduct therefrom an amount equal to 4% of the

 

 

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1 aggregate amount of taxes per year for each year the base year
2 is prior to 1985, but not to exceed a total deduction of 12%.
3 The amount so determined shall be known as the "Adjusted
4 Initial Sales Tax Amount". For purposes of determining the
5 State Sales Tax Increment the Department of Revenue shall for
6 each period subtract from the tax amounts received from
7 retailers and servicemen on transactions located in the State
8 Sales Tax Boundary, the certified Initial Sales Tax Amounts,
9 Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
10 Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
11 the Service Use Tax Act and the Service Occupation Tax Act. For
12 the State Fiscal Year 1989 this calculation shall be made by
13 utilizing the calendar year 1987 to determine the tax amounts
14 received. For the State Fiscal Year 1990, this calculation
15 shall be made by utilizing the period from January 1, 1988,
16 until September 30, 1988, to determine the tax amounts received
17 from retailers and servicemen, which shall have deducted
18 therefrom nine-twelfths of the certified Initial Sales Tax
19 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
20 Initial Sales Tax Amounts as appropriate. For the State Fiscal
21 Year 1991, this calculation shall be made by utilizing the
22 period from October 1, 1988, until June 30, 1989, to determine
23 the tax amounts received from retailers and servicemen, which
24 shall have deducted therefrom nine-twelfths of the certified
25 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
26 Amounts or the Revised Initial Sales Tax Amounts as
27 appropriate. For every State Fiscal Year thereafter, the
28 applicable period shall be the 12 months beginning July 1 and
29 ending on June 30, to determine the tax amounts received which
30 shall have deducted therefrom the certified Initial Sales Tax
31 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
32 Initial Sales Tax Amounts. Municipalities intending to receive
33 a distribution of State Sales Tax Increment must report a list
34 of retailers to the Department of Revenue by October 31, 1988
35 and by July 31, of each year thereafter.
36     (t) "Taxing districts" means counties, townships, cities

 

 

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1 and incorporated towns and villages, school, road, park,
2 sanitary, mosquito abatement, forest preserve, public health,
3 fire protection, river conservancy, tuberculosis sanitarium
4 and any other municipal corporations or districts with the
5 power to levy taxes.
6     (u) "Taxing districts' capital costs" means those costs of
7 taxing districts for capital improvements that are found by the
8 municipal corporate authorities to be necessary and directly
9 result from the redevelopment project.
10     (v) As used in subsection (a) of Section 11-74.4-3 of this
11 Act, "vacant land" means any parcel or combination of parcels
12 of real property without industrial, commercial, and
13 residential buildings which has not been used for commercial
14 agricultural purposes within 5 years prior to the designation
15 of the redevelopment project area, unless the parcel is
16 included in an industrial park conservation area or the parcel
17 has been subdivided; provided that if the parcel was part of a
18 larger tract that has been divided into 3 or more smaller
19 tracts that were accepted for recording during the period from
20 1950 to 1990, then the parcel shall be deemed to have been
21 subdivided, and all proceedings and actions of the municipality
22 taken in that connection with respect to any previously
23 approved or designated redevelopment project area or amended
24 redevelopment project area are hereby validated and hereby
25 declared to be legally sufficient for all purposes of this Act.
26 For purposes of this Section and only for land subject to the
27 subdivision requirements of the Plat Act, land is subdivided
28 when the original plat of the proposed Redevelopment Project
29 Area or relevant portion thereof has been properly certified,
30 acknowledged, approved, and recorded or filed in accordance
31 with the Plat Act and a preliminary plat, if any, for any
32 subsequent phases of the proposed Redevelopment Project Area or
33 relevant portion thereof has been properly approved and filed
34 in accordance with the applicable ordinance of the
35 municipality.
36     (w) "Annual Total Increment" means the sum of each

 

 

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1 municipality's annual Net Sales Tax Increment and each
2 municipality's annual Net Utility Tax Increment. The ratio of
3 the Annual Total Increment of each municipality to the Annual
4 Total Increment for all municipalities, as most recently
5 calculated by the Department, shall determine the proportional
6 shares of the Illinois Tax Increment Fund to be distributed to
7 each municipality.
8 (Source: P.A. 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; 92-624,
9 eff. 7-11-02; 92-651, eff. 7-11-02; 93-298, eff. 7-23-03.)
 
10     (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
11     Sec. 11-74.4-7. Obligations secured by the special tax
12 allocation fund set forth in Section 11-74.4-8 for the
13 redevelopment project area may be issued to provide for
14 redevelopment project costs. Such obligations, when so issued,
15 shall be retired in the manner provided in the ordinance
16 authorizing the issuance of such obligations by the receipts of
17 taxes levied as specified in Section 11-74.4-9 against the
18 taxable property included in the area, by revenues as specified
19 by Section 11-74.4-8a and other revenue designated by the
20 municipality. A municipality may in the ordinance pledge all or
21 any part of the funds in and to be deposited in the special tax
22 allocation fund created pursuant to Section 11-74.4-8 to the
23 payment of the redevelopment project costs and obligations. Any
24 pledge of funds in the special tax allocation fund shall
25 provide for distribution to the taxing districts and to the
26 Illinois Department of Revenue of moneys not required, pledged,
27 earmarked, or otherwise designated for payment and securing of
28 the obligations and anticipated redevelopment project costs
29 and such excess funds shall be calculated annually and deemed
30 to be "surplus" funds. In the event a municipality only applies
31 or pledges a portion of the funds in the special tax allocation
32 fund for the payment or securing of anticipated redevelopment
33 project costs or of obligations, any such funds remaining in
34 the special tax allocation fund after complying with the
35 requirements of the application or pledge, shall also be

 

 

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1 calculated annually and deemed "surplus" funds. All surplus
2 funds in the special tax allocation fund shall be distributed
3 annually within 180 days after the close of the municipality's
4 fiscal year by being paid by the municipal treasurer to the
5 County Collector, to the Department of Revenue and to the
6 municipality in direct proportion to the tax incremental
7 revenue received as a result of an increase in the equalized
8 assessed value of property in the redevelopment project area,
9 tax incremental revenue received from the State and tax
10 incremental revenue received from the municipality, but not to
11 exceed as to each such source the total incremental revenue
12 received from that source. The County Collector shall
13 thereafter make distribution to the respective taxing
14 districts in the same manner and proportion as the most recent
15 distribution by the county collector to the affected districts
16 of real property taxes from real property in the redevelopment
17 project area.
18     Without limiting the foregoing in this Section, the
19 municipality may in addition to obligations secured by the
20 special tax allocation fund pledge for a period not greater
21 than the term of the obligations towards payment of such
22 obligations any part or any combination of the following: (a)
23 net revenues of all or part of any redevelopment project; (b)
24 taxes levied and collected on any or all property in the
25 municipality; (c) the full faith and credit of the
26 municipality; (d) a mortgage on part or all of the
27 redevelopment project; or (e) any other taxes or anticipated
28 receipts that the municipality may lawfully pledge.
29     Such obligations may be issued in one or more series
30 bearing interest at such rate or rates as the corporate
31 authorities of the municipality shall determine by ordinance.
32 Such obligations shall bear such date or dates, mature at such
33 time or times not exceeding 20 years from their respective
34 dates, be in such denomination, carry such registration
35 privileges, be executed in such manner, be payable in such
36 medium of payment at such place or places, contain such

 

 

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1 covenants, terms and conditions, and be subject to redemption
2 as such ordinance shall provide. Obligations issued pursuant to
3 this Act may be sold at public or private sale at such price as
4 shall be determined by the corporate authorities of the
5 municipalities. No referendum approval of the electors shall be
6 required as a condition to the issuance of obligations pursuant
7 to this Division except as provided in this Section.
8     In the event the municipality authorizes issuance of
9 obligations pursuant to the authority of this Division secured
10 by the full faith and credit of the municipality, which
11 obligations are other than obligations which may be issued
12 under home rule powers provided by Article VII, Section 6 of
13 the Illinois Constitution, or pledges taxes pursuant to (b) or
14 (c) of the second paragraph of this section, the ordinance
15 authorizing the issuance of such obligations or pledging such
16 taxes shall be published within 10 days after such ordinance
17 has been passed in one or more newspapers, with general
18 circulation within such municipality. The publication of the
19 ordinance shall be accompanied by a notice of (1) the specific
20 number of voters required to sign a petition requesting the
21 question of the issuance of such obligations or pledging taxes
22 to be submitted to the electors; (2) the time in which such
23 petition must be filed; and (3) the date of the prospective
24 referendum. The municipal clerk shall provide a petition form
25 to any individual requesting one.
26     If no petition is filed with the municipal clerk, as
27 hereinafter provided in this Section, within 30 days after the
28 publication of the ordinance, the ordinance shall be in effect.
29 But, if within that 30 day period a petition is filed with the
30 municipal clerk, signed by electors in the municipality
31 numbering 10% or more of the number of registered voters in the
32 municipality, asking that the question of issuing obligations
33 using full faith and credit of the municipality as security for
34 the cost of paying for redevelopment project costs, or of
35 pledging taxes for the payment of such obligations, or both, be
36 submitted to the electors of the municipality, the corporate

 

 

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1 authorities of the municipality shall call a special election
2 in the manner provided by law to vote upon that question, or,
3 if a general, State or municipal election is to be held within
4 a period of not less than 30 or more than 90 days from the date
5 such petition is filed, shall submit the question at the next
6 general, State or municipal election. If it appears upon the
7 canvass of the election by the corporate authorities that a
8 majority of electors voting upon the question voted in favor
9 thereof, the ordinance shall be in effect, but if a majority of
10 the electors voting upon the question are not in favor thereof,
11 the ordinance shall not take effect.
12     The ordinance authorizing the obligations may provide that
13 the obligations shall contain a recital that they are issued
14 pursuant to this Division, which recital shall be conclusive
15 evidence of their validity and of the regularity of their
16 issuance.
17     In the event the municipality authorizes issuance of
18 obligations pursuant to this Section secured by the full faith
19 and credit of the municipality, the ordinance authorizing the
20 obligations may provide for the levy and collection of a direct
21 annual tax upon all taxable property within the municipality
22 sufficient to pay the principal thereof and interest thereon as
23 it matures, which levy may be in addition to and exclusive of
24 the maximum of all other taxes authorized to be levied by the
25 municipality, which levy, however, shall be abated to the
26 extent that monies from other sources are available for payment
27 of the obligations and the municipality certifies the amount of
28 said monies available to the county clerk.
29     A certified copy of such ordinance shall be filed with the
30 county clerk of each county in which any portion of the
31 municipality is situated, and shall constitute the authority
32 for the extension and collection of the taxes to be deposited
33 in the special tax allocation fund.
34     A municipality may also issue its obligations to refund in
35 whole or in part, obligations theretofore issued by such
36 municipality under the authority of this Act, whether at or

 

 

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1 prior to maturity, provided however, that the last maturity of
2 the refunding obligations shall not be expressed to mature
3 later than December 31 of the year in which the payment to the
4 municipal treasurer as provided in subsection (b) of Section
5 11-74.4-8 of this Act is to be made with respect to ad valorem
6 taxes levied in the twenty-third calendar year after the year
7 in which the ordinance approving the redevelopment project area
8 is adopted if the ordinance was adopted on or after January 15,
9 1981, and not later than December 31 of the year in which the
10 payment to the municipal treasurer as provided in subsection
11 (b) of Section 11-74.4-8 of this Act is to be made with respect
12 to ad valorem taxes levied in the thirty-fifth calendar year
13 after the year in which the ordinance approving the
14 redevelopment project area is adopted (A) if the ordinance was
15 adopted before January 15, 1981, or (B) if the ordinance was
16 adopted in December 1983, April 1984, July 1985, or December
17 1989, or (C) if the ordinance was adopted in December, 1987 and
18 the redevelopment project is located within one mile of Midway
19 Airport, or (D) if the ordinance was adopted before January 1,
20 1987 by a municipality in Mason County, or (E) if the
21 municipality is subject to the Local Government Financial
22 Planning and Supervision Act or the Financially Distressed City
23 Law, or (F) if the ordinance was adopted in December 1984 by
24 the Village of Rosemont, or (G) if the ordinance was adopted on
25 December 31, 1986 by a municipality located in Clinton County
26 for which at least $250,000 of tax increment bonds were
27 authorized on June 17, 1997, or if the ordinance was adopted on
28 December 31, 1986 by a municipality with a population in 1990
29 of less than 3,600 that is located in a county with a
30 population in 1990 of less than 34,000 and for which at least
31 $250,000 of tax increment bonds were authorized on June 17,
32 1997, or (H) if the ordinance was adopted on October 5, 1982 by
33 the City of Kankakee, or (I) if the ordinance was adopted on
34 December 29, 1986 by East St. Louis, or if the ordinance was
35 adopted on November 12, 1991 by the Village of Sauget, or (J)
36 if the ordinance was adopted on February 11, 1985 by the City

 

 

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1 of Rock Island, or (K) if the ordinance was adopted before
2 December 18, 1986 by the City of Moline, or (L) if the
3 ordinance was adopted in September 1988 by Sauk Village, or (M)
4 if the ordinance was adopted in October 1993 by Sauk Village,
5 or (N) if the ordinance was adopted on December 29, 1986 by the
6 City of Galva, or (O) if the ordinance was adopted in March
7 1991 by the City of Centreville, or (P) if the ordinance was
8 adopted on January 23, 1991 by the City of East St. Louis, or
9 (Q) if the ordinance was adopted on December 22, 1986 by the
10 City of Aledo, or (R) if the ordinance was adopted on February
11 5, 1990 by the City of Clinton, or (S) if the ordinance was
12 adopted on September 6, 1994 by the City of Freeport, or (T) if
13 the ordinance was adopted on December 22, 1986 by the City of
14 Tuscola, or (U) if the ordinance was adopted on December 23,
15 1986 by the City of Sparta, or (V) if the ordinance was adopted
16 on December 23, 1986 by the City of Beardstown, or (W) if the
17 ordinance was adopted on April 27, 1981, October 21, 1985, or
18 December 30, 1986 by the City of Belleville, or (X) if the
19 ordinance was adopted on December 29, 1986 by the City of
20 Collinsville, or (Y) if the ordinance was adopted on September
21 14, 1994 by the City of Alton, or (Z) if the ordinance was
22 adopted on November 11, 1996 by the City of Lexington, or (AA)
23 if the ordinance was adopted on November 5, 1984 by the City of
24 LeRoy, or (BB) if the ordinance was adopted on April 3, 1991 or
25 June 3, 1992 by the City of Markham, or (CC) if the ordinance
26 was adopted on November 11, 1986 by the City of Pekin and, for
27 redevelopment project areas for which bonds were issued before
28 July 29, 1991, in connection with a redevelopment project in
29 the area within the State Sales Tax Boundary and which were
30 extended by municipal ordinance under subsection (n) of Section
31 11-74.4-3, the last maturity of the refunding obligations shall
32 not be expressed to mature later than the date on which the
33 redevelopment project area is terminated or December 31, 2013,
34 whichever date occurs first.
35     In the event a municipality issues obligations under home
36 rule powers or other legislative authority the proceeds of

 

 

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1 which are pledged to pay for redevelopment project costs, the
2 municipality may, if it has followed the procedures in
3 conformance with this division, retire said obligations from
4 funds in the special tax allocation fund in amounts and in such
5 manner as if such obligations had been issued pursuant to the
6 provisions of this division.
7     All obligations heretofore or hereafter issued pursuant to
8 this Act shall not be regarded as indebtedness of the
9 municipality issuing such obligations or any other taxing
10 district for the purpose of any limitation imposed by law.
11 (Source: P.A. 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; 92-624,
12 eff. 7-11-02; 92-651, eff. 7-11-02; 93-298, eff. 7-23-03.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.