Executive Committee

Adopted in House Comm. on Mar 31, 2004

 

 


 

 


 
09300HB5734ham001 LRB093 16985 MKM 49375 a

1
AMENDMENT TO HOUSE BILL 5734

2     AMENDMENT NO. ______. Amend House Bill 5734 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Municipal Code is amended by
5 changing Sections 11-74.4-3 and 11-74.4-7 as follows:
 
6     (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
7     Sec. 11-74.4-3. Definitions. The following terms, wherever
8 used or referred to in this Division 74.4 shall have the
9 following respective meanings, unless in any case a different
10 meaning clearly appears from the context.
11     (a) For any redevelopment project area that has been
12 designated pursuant to this Section by an ordinance adopted
13 prior to November 1, 1999 (the effective date of Public Act
14 91-478), "blighted area" shall have the meaning set forth in
15 this Section prior to that date.
16     On and after November 1, 1999, "blighted area" means any
17 improved or vacant area within the boundaries of a
18 redevelopment project area located within the territorial
19 limits of the municipality where:
20         (1) If improved, industrial, commercial, and
21 residential buildings or improvements are detrimental to
22 the public safety, health, or welfare because of a
23 combination of 5 or more of the following factors, each of
24 which is (i) present, with that presence documented, to a

 

 

09300HB5734ham001 - 2 - LRB093 16985 MKM 49375 a

1 meaningful extent so that a municipality may reasonably
2 find that the factor is clearly present within the intent
3 of the Act and (ii) reasonably distributed throughout the
4 improved part of the redevelopment project area:
5             (A) Dilapidation. An advanced state of disrepair
6 or neglect of necessary repairs to the primary
7 structural components of buildings or improvements in
8 such a combination that a documented building
9 condition analysis determines that major repair is
10 required or the defects are so serious and so extensive
11 that the buildings must be removed.
12             (B) Obsolescence. The condition or process of
13 falling into disuse. Structures have become ill-suited
14 for the original use.
15             (C) Deterioration. With respect to buildings,
16 defects including, but not limited to, major defects in
17 the secondary building components such as doors,
18 windows, porches, gutters and downspouts, and fascia.
19 With respect to surface improvements, that the
20 condition of roadways, alleys, curbs, gutters,
21 sidewalks, off-street parking, and surface storage
22 areas evidence deterioration, including, but not
23 limited to, surface cracking, crumbling, potholes,
24 depressions, loose paving material, and weeds
25 protruding through paved surfaces.
26             (D) Presence of structures below minimum code
27 standards. All structures that do not meet the
28 standards of zoning, subdivision, building, fire, and
29 other governmental codes applicable to property, but
30 not including housing and property maintenance codes.
31             (E) Illegal use of individual structures. The use
32 of structures in violation of applicable federal,
33 State, or local laws, exclusive of those applicable to
34 the presence of structures below minimum code

 

 

09300HB5734ham001 - 3 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 4 - LRB093 16985 MKM 49375 a

1 coverage are: (i) the presence of buildings either
2 improperly situated on parcels or located on parcels of
3 inadequate size and shape in relation to present-day
4 standards of development for health and safety and (ii)
5 the presence of multiple buildings on a single parcel.
6 For there to be a finding of excessive land coverage,
7 these parcels must exhibit one or more of the following
8 conditions: insufficient provision for light and air
9 within or around buildings, increased threat of spread
10 of fire due to the close proximity of buildings, lack
11 of adequate or proper access to a public right-of-way,
12 lack of reasonably required off-street parking, or
13 inadequate provision for loading and service.
14             (J) Deleterious land use or layout. The existence
15 of incompatible land-use relationships, buildings
16 occupied by inappropriate mixed-uses, or uses
17 considered to be noxious, offensive, or unsuitable for
18 the surrounding area.
19             (K) Environmental clean-up. The proposed
20 redevelopment project area has incurred Illinois
21 Environmental Protection Agency or United States
22 Environmental Protection Agency remediation costs for,
23 or a study conducted by an independent consultant
24 recognized as having expertise in environmental
25 remediation has determined a need for, the clean-up of
26 hazardous waste, hazardous substances, or underground
27 storage tanks required by State or federal law,
28 provided that the remediation costs constitute a
29 material impediment to the development or
30 redevelopment of the redevelopment project area.
31             (L) Lack of community planning. The proposed
32 redevelopment project area was developed prior to or
33 without the benefit or guidance of a community plan.
34 This means that the development occurred prior to the

 

 

09300HB5734ham001 - 5 - LRB093 16985 MKM 49375 a

1 adoption by the municipality of a comprehensive or
2 other community plan or that the plan was not followed
3 at the time of the area's development. This factor must
4 be documented by evidence of adverse or incompatible
5 land-use relationships, inadequate street layout,
6 improper subdivision, parcels of inadequate shape and
7 size to meet contemporary development standards, or
8 other evidence demonstrating an absence of effective
9 community planning.
10             (M) The total equalized assessed value of the
11 proposed redevelopment project area has declined for 3
12 of the last 5 calendar years prior to the year in which
13 the redevelopment project area is designated or is
14 increasing at an annual rate that is less than the
15 balance of the municipality for 3 of the last 5
16 calendar years for which information is available or is
17 increasing at an annual rate that is less than the
18 Consumer Price Index for All Urban Consumers published
19 by the United States Department of Labor or successor
20 agency for 3 of the last 5 calendar years prior to the
21 year in which the redevelopment project area is
22 designated.
23         (2) If vacant, the sound growth of the redevelopment
24 project area is impaired by a combination of 2 or more of
25 the following factors, each of which is (i) present, with
26 that presence documented, to a meaningful extent so that a
27 municipality may reasonably find that the factor is clearly
28 present within the intent of the Act and (ii) reasonably
29 distributed throughout the vacant part of the
30 redevelopment project area to which it pertains:
31             (A) Obsolete platting of vacant land that results
32 in parcels of limited or narrow size or configurations
33 of parcels of irregular size or shape that would be
34 difficult to develop on a planned basis and in a manner

 

 

09300HB5734ham001 - 6 - LRB093 16985 MKM 49375 a

1 compatible with contemporary standards and
2 requirements, or platting that failed to create
3 rights-of-ways for streets or alleys or that created
4 inadequate right-of-way widths for streets, alleys, or
5 other public rights-of-way or that omitted easements
6 for public utilities.
7             (B) Diversity of ownership of parcels of vacant
8 land sufficient in number to retard or impede the
9 ability to assemble the land for development.
10             (C) Tax and special assessment delinquencies exist
11 or the property has been the subject of tax sales under
12 the Property Tax Code within the last 5 years.
13             (D) Deterioration of structures or site
14 improvements in neighboring areas adjacent to the
15 vacant land.
16             (E) The area has incurred Illinois Environmental
17 Protection Agency or United States Environmental
18 Protection Agency remediation costs for, or a study
19 conducted by an independent consultant recognized as
20 having expertise in environmental remediation has
21 determined a need for, the clean-up of hazardous waste,
22 hazardous substances, or underground storage tanks
23 required by State or federal law, provided that the
24 remediation costs constitute a material impediment to
25 the development or redevelopment of the redevelopment
26 project area.
27             (F) The total equalized assessed value of the
28 proposed redevelopment project area has declined for 3
29 of the last 5 calendar years prior to the year in which
30 the redevelopment project area is designated or is
31 increasing at an annual rate that is less than the
32 balance of the municipality for 3 of the last 5
33 calendar years for which information is available or is
34 increasing at an annual rate that is less than the

 

 

09300HB5734ham001 - 7 - LRB093 16985 MKM 49375 a

1 Consumer Price Index for All Urban Consumers published
2 by the United States Department of Labor or successor
3 agency for 3 of the last 5 calendar years prior to the
4 year in which the redevelopment project area is
5 designated.
6         (3) If vacant, the sound growth of the redevelopment
7 project area is impaired by one of the following factors
8 that (i) is present, with that presence documented, to a
9 meaningful extent so that a municipality may reasonably
10 find that the factor is clearly present within the intent
11 of the Act and (ii) is reasonably distributed throughout
12 the vacant part of the redevelopment project area to which
13 it pertains:
14             (A) The area consists of one or more unused
15 quarries, mines, or strip mine ponds.
16             (B) The area consists of unused railyards, rail
17 tracks, or railroad rights-of-way.
18             (C) The area, prior to its designation, is subject
19 to (i) chronic flooding that adversely impacts on real
20 property in the area as certified by a registered
21 professional engineer or appropriate regulatory agency
22 or (ii) surface water that discharges from all or a
23 part of the area and contributes to flooding within the
24 same watershed, but only if the redevelopment project
25 provides for facilities or improvements to contribute
26 to the alleviation of all or part of the flooding.
27             (D) The area consists of an unused or illegal
28 disposal site containing earth, stone, building
29 debris, or similar materials that were removed from
30 construction, demolition, excavation, or dredge sites.
31             (E) Prior to November 1, 1999, the area is not less
32 than 50 nor more than 100 acres and 75% of which is
33 vacant (notwithstanding that the area has been used for
34 commercial agricultural purposes within 5 years prior

 

 

09300HB5734ham001 - 8 - LRB093 16985 MKM 49375 a

1 to the designation of the redevelopment project area),
2 and the area meets at least one of the factors itemized
3 in paragraph (1) of this subsection, the area has been
4 designated as a town or village center by ordinance or
5 comprehensive plan adopted prior to January 1, 1982,
6 and the area has not been developed for that designated
7 purpose.
8             (F) The area qualified as a blighted improved area
9 immediately prior to becoming vacant, unless there has
10 been substantial private investment in the immediately
11 surrounding area.
12     (b) 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), "conservation area" shall have the meaning set forth
16 in this Section prior to that date.
17     On and after November 1, 1999, "conservation area" means
18 any improved area within the boundaries of a redevelopment
19 project area located within the territorial limits of the
20 municipality in which 50% or more of the structures in the area
21 have an age of 35 years or more. Such an area is not yet a
22 blighted area but because of a combination of 3 or more of the
23 following factors is detrimental to the public safety, health,
24 morals or welfare and such an area may become a blighted area:
25         (1) Dilapidation. An advanced state of disrepair or
26 neglect of necessary repairs to the primary structural
27 components of buildings or improvements in such a
28 combination that a documented building condition analysis
29 determines that major repair is required or the defects are
30 so serious and so extensive that the buildings must be
31 removed.
32         (2) Obsolescence. The condition or process of falling
33 into disuse. Structures have become ill-suited for the
34 original use.

 

 

09300HB5734ham001 - 9 - LRB093 16985 MKM 49375 a

1         (3) Deterioration. With respect to buildings, defects
2 including, but not limited to, major defects in the
3 secondary building components such as doors, windows,
4 porches, gutters and downspouts, and fascia. With respect
5 to surface improvements, that the condition of roadways,
6 alleys, curbs, gutters, sidewalks, off-street parking, and
7 surface storage areas evidence deterioration, including,
8 but not limited to, surface cracking, crumbling, potholes,
9 depressions, loose paving material, and weeds protruding
10 through paved surfaces.
11         (4) Presence of structures below minimum code
12 standards. All structures that do not meet the standards of
13 zoning, subdivision, building, fire, and other
14 governmental codes applicable to property, but not
15 including housing and property maintenance codes.
16         (5) Illegal use of individual structures. The use of
17 structures in violation of applicable federal, State, or
18 local laws, exclusive of those applicable to the presence
19 of structures below minimum code standards.
20         (6) Excessive vacancies. The presence of buildings
21 that are unoccupied or under-utilized and that represent an
22 adverse influence on the area because of the frequency,
23 extent, or duration of the vacancies.
24         (7) Lack of ventilation, light, or sanitary
25 facilities. The absence of adequate ventilation for light
26 or air circulation in spaces or rooms without windows, or
27 that require the removal of dust, odor, gas, smoke, or
28 other noxious airborne materials. Inadequate natural light
29 and ventilation means the absence or inadequacy of
30 skylights or windows for interior spaces or rooms and
31 improper window sizes and amounts by room area to window
32 area ratios. Inadequate sanitary facilities refers to the
33 absence or inadequacy of garbage storage and enclosure,
34 bathroom facilities, hot water and kitchens, and

 

 

09300HB5734ham001 - 10 - LRB093 16985 MKM 49375 a

1 structural inadequacies preventing ingress and egress to
2 and from all rooms and units within a building.
3         (8) Inadequate utilities. Underground and overhead
4 utilities such as storm sewers and storm drainage, sanitary
5 sewers, water lines, and gas, telephone, and electrical
6 services that are shown to be inadequate. Inadequate
7 utilities are those that are: (i) of insufficient capacity
8 to serve the uses in the redevelopment project area, (ii)
9 deteriorated, antiquated, obsolete, or in disrepair, or
10 (iii) lacking within the redevelopment project area.
11         (9) Excessive land coverage and overcrowding of
12 structures and community facilities. The over-intensive
13 use of property and the crowding of buildings and accessory
14 facilities onto a site. Examples of problem conditions
15 warranting the designation of an area as one exhibiting
16 excessive land coverage are: the presence of buildings
17 either improperly situated on parcels or located on parcels
18 of inadequate size and shape in relation to present-day
19 standards of development for health and safety and the
20 presence of multiple buildings on a single parcel. For
21 there to be a finding of excessive land coverage, these
22 parcels must exhibit one or more of the following
23 conditions: insufficient provision for light and air
24 within or around buildings, increased threat of spread of
25 fire due to the close proximity of buildings, lack of
26 adequate or proper access to a public right-of-way, lack of
27 reasonably required off-street parking, or inadequate
28 provision for loading and service.
29         (10) Deleterious land use or layout. The existence of
30 incompatible land-use relationships, buildings occupied by
31 inappropriate mixed-uses, or uses considered to be
32 noxious, offensive, or unsuitable for the surrounding
33 area.
34         (11) Lack of community planning. The proposed

 

 

09300HB5734ham001 - 11 - LRB093 16985 MKM 49375 a

1 redevelopment project area was developed prior to or
2 without the benefit or guidance of a community plan. This
3 means that the development occurred prior to the adoption
4 by the municipality of a comprehensive or other community
5 plan or that the plan was not followed at the time of the
6 area's development. This factor must be documented by
7 evidence of adverse or incompatible land-use
8 relationships, inadequate street layout, improper
9 subdivision, parcels of inadequate shape and size to meet
10 contemporary development standards, or other evidence
11 demonstrating an absence of effective community planning.
12         (12) The area has incurred Illinois Environmental
13 Protection Agency or United States Environmental
14 Protection Agency remediation costs for, or a study
15 conducted by an independent consultant recognized as
16 having expertise in environmental remediation has
17 determined a need for, the clean-up of hazardous waste,
18 hazardous substances, or underground storage tanks
19 required by State or federal law, provided that the
20 remediation costs constitute a material impediment to the
21 development or redevelopment of the redevelopment project
22 area.
23         (13) The total equalized assessed value of the proposed
24 redevelopment project area has declined for 3 of the last 5
25 calendar years for which information is available or is
26 increasing at an annual rate that is less than the balance
27 of the municipality for 3 of the last 5 calendar years for
28 which information is available or is increasing at an
29 annual rate that is less than the Consumer Price Index for
30 All Urban Consumers published by the United States
31 Department of Labor or successor agency for 3 of the last 5
32 calendar years for which information is available.
33     (c) "Industrial park" means an area in a blighted or
34 conservation area suitable for use by any manufacturing,

 

 

09300HB5734ham001 - 12 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 13 - LRB093 16985 MKM 49375 a

1 paid under the Retailers' Occupation Tax Act, Use Tax Act,
2 Service Use Tax Act, the Service Occupation Tax Act, the
3 Municipal Retailers' Occupation Tax Act, and the Municipal
4 Service Occupation Tax Act by retailers and servicemen on
5 transactions at places located in a State Sales Tax Boundary
6 during the calendar year 1985.
7     (g-1) "Revised Initial Sales Tax Amounts" means the amount
8 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
9 Act, Service Use Tax Act, the Service Occupation Tax Act, the
10 Municipal Retailers' Occupation Tax Act, and the Municipal
11 Service Occupation Tax Act by retailers and servicemen on
12 transactions at places located within the State Sales Tax
13 Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
14     (h) "Municipal Sales Tax Increment" means an amount equal
15 to the increase in the aggregate amount of taxes paid to a
16 municipality from the Local Government Tax Fund arising from
17 sales by retailers and servicemen within the redevelopment
18 project area or State Sales Tax Boundary, as the case may be,
19 for as long as the redevelopment project area or State Sales
20 Tax Boundary, as the case may be, exist over and above the
21 aggregate amount of taxes as certified by the Illinois
22 Department of Revenue and paid under the Municipal Retailers'
23 Occupation Tax Act and the Municipal Service Occupation Tax Act
24 by retailers and servicemen, on transactions at places of
25 business located in the redevelopment project area or State
26 Sales Tax Boundary, as the case may be, during the base year
27 which shall be the calendar year immediately prior to the year
28 in which the municipality adopted tax increment allocation
29 financing. For purposes of computing the aggregate amount of
30 such taxes for base years occurring prior to 1985, the
31 Department of Revenue shall determine the Initial Sales Tax
32 Amounts for such taxes and deduct therefrom an amount equal to
33 4% of the aggregate amount of taxes per year for each year the
34 base year is prior to 1985, but not to exceed a total deduction

 

 

09300HB5734ham001 - 14 - LRB093 16985 MKM 49375 a

1 of 12%. The amount so determined shall be known as the
2 "Adjusted Initial Sales Tax Amounts". For purposes of
3 determining the Municipal Sales Tax Increment, the Department
4 of Revenue shall for each period subtract from the amount paid
5 to the municipality from the Local Government Tax Fund arising
6 from sales by retailers and servicemen on transactions located
7 in the redevelopment project area or the State Sales Tax
8 Boundary, as the case may be, the certified Initial Sales Tax
9 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
10 Initial Sales Tax Amounts for the Municipal Retailers'
11 Occupation Tax Act and the Municipal Service Occupation Tax
12 Act. For the State Fiscal Year 1989, this calculation shall be
13 made by utilizing the calendar year 1987 to determine the tax
14 amounts received. For the State Fiscal Year 1990, this
15 calculation shall be made by utilizing the period from January
16 1, 1988, until September 30, 1988, to determine the tax amounts
17 received from retailers and servicemen pursuant to the
18 Municipal Retailers' Occupation Tax and the Municipal Service
19 Occupation Tax Act, which shall have deducted therefrom
20 nine-twelfths of the certified Initial Sales Tax Amounts, the
21 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
22 Tax Amounts as appropriate. For the State Fiscal Year 1991,
23 this calculation shall be made by utilizing the period from
24 October 1, 1988, to June 30, 1989, to determine the tax amounts
25 received from retailers and servicemen pursuant to the
26 Municipal Retailers' Occupation Tax and the Municipal Service
27 Occupation Tax Act which shall have deducted therefrom
28 nine-twelfths of the certified Initial Sales Tax Amounts,
29 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
30 Tax Amounts as appropriate. For every State Fiscal Year
31 thereafter, the applicable period shall be the 12 months
32 beginning July 1 and ending June 30 to determine the tax
33 amounts received which shall have deducted therefrom the
34 certified Initial Sales Tax Amounts, the Adjusted Initial Sales

 

 

09300HB5734ham001 - 15 - LRB093 16985 MKM 49375 a

1 Tax Amounts or the Revised Initial Sales Tax Amounts, as the
2 case may be.
3     (i) "Net State Sales Tax Increment" means the sum of the
4 following: (a) 80% of the first $100,000 of State Sales Tax
5 Increment annually generated within a State Sales Tax Boundary;
6 (b) 60% of the amount in excess of $100,000 but not exceeding
7 $500,000 of State Sales Tax Increment annually generated within
8 a State Sales Tax Boundary; and (c) 40% of all amounts in
9 excess of $500,000 of State Sales Tax Increment annually
10 generated within a State Sales Tax Boundary. If, however, a
11 municipality established a tax increment financing district in
12 a county with a population in excess of 3,000,000 before
13 January 1, 1986, and the municipality entered into a contract
14 or issued bonds after January 1, 1986, but before December 31,
15 1986, to finance redevelopment project costs within a State
16 Sales Tax Boundary, then the Net State Sales Tax Increment
17 means, for the fiscal years beginning July 1, 1990, and July 1,
18 1991, 100% of the State Sales Tax Increment annually generated
19 within a State Sales Tax Boundary; and notwithstanding any
20 other provision of this Act, for those fiscal years the
21 Department of Revenue shall distribute to those municipalities
22 100% of their Net State Sales Tax Increment before any
23 distribution to any other municipality and regardless of
24 whether or not those other municipalities will receive 100% of
25 their Net State Sales Tax Increment. For Fiscal Year 1999, and
26 every year thereafter until the year 2007, for any municipality
27 that has not entered into a contract or has not issued bonds
28 prior to June 1, 1988 to finance redevelopment project costs
29 within a State Sales Tax Boundary, the Net State Sales Tax
30 Increment shall be calculated as follows: By multiplying the
31 Net State Sales Tax Increment by 90% in the State Fiscal Year
32 1999; 80% in the State Fiscal Year 2000; 70% in the State
33 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
34 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%

 

 

09300HB5734ham001 - 16 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 17 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 18 - LRB093 16985 MKM 49375 a

1 after issuance of the bonds, the Net State Utility Tax
2 Increment shall be calculated as follows: By multiplying the
3 Net State Utility Tax Increment by 90% in year 16; 80% in year
4 17; 70% in year 18; 60% in year 19; and 50% in year 20.
5 Refunding of any bonds issued prior to June 1, 1988, shall not
6 alter the revised Net State Utility Tax Increment payments set
7 forth above.
8     (l) "Obligations" mean bonds, loans, debentures, notes,
9 special certificates or other evidence of indebtedness issued
10 by the municipality to carry out a redevelopment project or to
11 refund outstanding obligations.
12     (m) "Payment in lieu of taxes" means those estimated tax
13 revenues from real property in a redevelopment project area
14 derived from real property that has been acquired by a
15 municipality which according to the redevelopment project or
16 plan is to be used for a private use which taxing districts
17 would have received had a municipality not acquired the real
18 property and adopted tax increment allocation financing and
19 which would result from levies made after the time of the
20 adoption of tax increment allocation financing to the time the
21 current equalized value of real property in the redevelopment
22 project area exceeds the total initial equalized value of real
23 property in said area.
24     (n) "Redevelopment plan" means the comprehensive program
25 of the municipality for development or redevelopment intended
26 by the payment of redevelopment project costs to reduce or
27 eliminate those conditions the existence of which qualified the
28 redevelopment project area as a "blighted area" or
29 "conservation area" or combination thereof or "industrial park
30 conservation area," and thereby to enhance the tax bases of the
31 taxing districts which extend into the redevelopment project
32 area. On and after November 1, 1999 (the effective date of
33 Public Act 91-478), no redevelopment plan may be approved or
34 amended that includes the development of vacant land (i) with a

 

 

09300HB5734ham001 - 19 - LRB093 16985 MKM 49375 a

1 golf course and related clubhouse and other facilities or (ii)
2 designated by federal, State, county, or municipal government
3 as public land for outdoor recreational activities or for
4 nature preserves and used for that purpose within 5 years prior
5 to the adoption of the redevelopment plan. For the purpose of
6 this subsection, "recreational activities" is limited to mean
7 camping and hunting. Each redevelopment plan shall set forth in
8 writing the program to be undertaken to accomplish the
9 objectives and shall include but not be limited to:
10         (A) an itemized list of estimated redevelopment
11 project costs;
12         (B) evidence indicating that the redevelopment project
13 area on the whole has not been subject to growth and
14 development through investment by private enterprise;
15         (C) an assessment of any financial impact of the
16 redevelopment project area on or any increased demand for
17 services from any taxing district affected by the plan and
18 any program to address such financial impact or increased
19 demand;
20         (D) the sources of funds to pay costs;
21         (E) the nature and term of the obligations to be
22 issued;
23         (F) the most recent equalized assessed valuation of the
24 redevelopment project area;
25         (G) an estimate as to the equalized assessed valuation
26 after redevelopment and the general land uses to apply in
27 the redevelopment project area;
28         (H) a commitment to fair employment practices and an
29 affirmative action plan;
30         (I) if it concerns an industrial park conservation
31 area, the plan shall also include a general description of
32 any proposed developer, user and tenant of any property, a
33 description of the type, structure and general character of
34 the facilities to be developed, a description of the type,

 

 

09300HB5734ham001 - 20 - LRB093 16985 MKM 49375 a

1 class and number of new employees to be employed in the
2 operation of the facilities to be developed; and
3         (J) if property is to be annexed to the municipality,
4 the plan shall include the terms of the annexation
5 agreement.
6     The provisions of items (B) and (C) of this subsection (n)
7 shall not apply to a municipality that before March 14, 1994
8 (the effective date of Public Act 88-537) had fixed, either by
9 its corporate authorities or by a commission designated under
10 subsection (k) of Section 11-74.4-4, a time and place for a
11 public hearing as required by subsection (a) of Section
12 11-74.4-5. No redevelopment plan shall be adopted unless a
13 municipality complies with all of the following requirements:
14         (1) The municipality finds that the redevelopment
15 project area on the whole has not been subject to growth
16 and development through investment by private enterprise
17 and would not reasonably be anticipated to be developed
18 without the adoption of the redevelopment plan.
19         (2) The municipality finds that the redevelopment plan
20 and project conform to the comprehensive plan for the
21 development of the municipality as a whole, or, for
22 municipalities with a population of 100,000 or more,
23 regardless of when the redevelopment plan and project was
24 adopted, the redevelopment plan and project either: (i)
25 conforms to the strategic economic development or
26 redevelopment plan issued by the designated planning
27 authority of the municipality, or (ii) includes land uses
28 that have been approved by the planning commission of the
29 municipality.
30         (3) The redevelopment plan establishes the estimated
31 dates of completion of the redevelopment project and
32 retirement of obligations issued to finance redevelopment
33 project costs. Those dates shall not be later than December
34 31 of the year in which the payment to the municipal

 

 

09300HB5734ham001 - 21 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 22 - LRB093 16985 MKM 49375 a

1 bonds were authorized on June 17, 1997, or
2             (H) if the ordinance was adopted on October 5, 1982
3 by the City of Kankakee, or if the ordinance was
4 adopted on December 29, 1986 by East St. Louis, or
5             (I) if the ordinance was adopted on November 12,
6 1991 by the Village of Sauget, or
7             (J) if the ordinance was adopted on February 11,
8 1985 by the City of Rock Island, or
9             (K) if the ordinance was adopted before December
10 18, 1986 by the City of Moline, or
11             (L) if the ordinance was adopted in September 1988
12 by Sauk Village, or
13             (M) if the ordinance was adopted in October 1993 by
14 Sauk Village, or
15             (N) if the ordinance was adopted on December 29,
16 1986 by the City of Galva, or
17             (O) if the ordinance was adopted in March 1991 by
18 the City of Centreville, or
19             (P) if the ordinance was adopted on January 23,
20 1991 by the City of East St. Louis, or
21             (Q) if the ordinance was adopted on December 22,
22 1986 by the City of Aledo, or
23             (R) if the ordinance was adopted on February 5,
24 1990 by the City of Clinton, or
25             (S) if the ordinance was adopted on September 6,
26 1994 by the City of Freeport, or
27             (T) if the ordinance was adopted on December 22,
28 1986 by the City of Tuscola, or
29             (U) if the ordinance was adopted on December 23,
30 1986 by the City of Sparta, or
31             (V) if the ordinance was adopted on December 23,
32 1986 by the City of Beardstown, or
33             (W) if the ordinance was adopted on April 27, 1981,
34 October 21, 1985, or December 30, 1986 by the City of

 

 

09300HB5734ham001 - 23 - LRB093 16985 MKM 49375 a

1 Belleville, or
2             (X) if the ordinance was adopted on December 29,
3 1986 by the City of Collinsville, or
4             (Y) if the ordinance was adopted on September 14,
5 1994 by the City of Alton, or
6             (Z) if the ordinance was adopted on November 11,
7 1996 by the City of Lexington, or
8             (AA) if the ordinance was adopted on November 5,
9 1984 by the City of LeRoy, or
10             (BB) if the ordinance was adopted on April 3, 1991
11 or June 3, 1992 by the City of Markham, or .
12             (CC) if the ordinance was adopted on December 15,
13 1981 by the City of Champaign.
14         However, for redevelopment project areas for which
15 bonds were issued before July 29, 1991, or for which
16 contracts were entered into before June 1, 1988, in
17 connection with a redevelopment project in the area within
18 the State Sales Tax Boundary, the estimated dates of
19 completion of the redevelopment project and retirement of
20 obligations to finance redevelopment project costs may be
21 extended by municipal ordinance to December 31, 2013. The
22 termination procedures of subsection (b) of Section
23 11-74.4-8 are not required for these redevelopment project
24 areas in 2009 but are required in 2013. The extension
25 allowed by this amendatory Act of 1993 shall not apply to
26 real property tax increment allocation financing under
27 Section 11-74.4-8.
28         A municipality may by municipal ordinance amend an
29 existing redevelopment plan to conform to this paragraph
30 (3) as amended by Public Act 91-478, which municipal
31 ordinance may be adopted without further hearing or notice
32 and without complying with the procedures provided in this
33 Act pertaining to an amendment to or the initial approval
34 of a redevelopment plan and project and designation of a

 

 

09300HB5734ham001 - 24 - LRB093 16985 MKM 49375 a

1 redevelopment project area.
2         Those dates, for purposes of real property tax
3 increment allocation financing pursuant to Section
4 11-74.4-8 only, shall be not more than 35 years for
5 redevelopment project areas that were adopted on or after
6 December 16, 1986 and for which at least $8 million worth
7 of municipal bonds were authorized on or after December 19,
8 1989 but before January 1, 1990; provided that the
9 municipality elects to extend the life of the redevelopment
10 project area to 35 years by the adoption of an ordinance
11 after at least 14 but not more than 30 days' written notice
12 to the taxing bodies, that would otherwise constitute the
13 joint review board for the redevelopment project area,
14 before the adoption of the ordinance.
15         Those dates, for purposes of real property tax
16 increment allocation financing pursuant to Section
17 11-74.4-8 only, shall be not more than 35 years for
18 redevelopment project areas that were established on or
19 after December 1, 1981 but before January 1, 1982 and for
20 which at least $1,500,000 worth of tax increment revenue
21 bonds were authorized on or after September 30, 1990 but
22 before July 1, 1991; provided that the municipality elects
23 to extend the life of the redevelopment project area to 35
24 years by the adoption of an ordinance after at least 14 but
25 not more than 30 days' written notice to the taxing bodies,
26 that would otherwise constitute the joint review board for
27 the redevelopment project area, before the adoption of the
28 ordinance.
29         (3.5) The municipality finds, in the case of an
30 industrial park conservation area, also that the
31 municipality is a labor surplus municipality and that the
32 implementation of the redevelopment plan will reduce
33 unemployment, create new jobs and by the provision of new
34 facilities enhance the tax base of the taxing districts

 

 

09300HB5734ham001 - 25 - LRB093 16985 MKM 49375 a

1 that extend into the redevelopment project area.
2         (4) If any incremental revenues are being utilized
3 under Section 8(a)(1) or 8(a)(2) of this Act in
4 redevelopment project areas approved by ordinance after
5 January 1, 1986, the municipality finds: (a) that the
6 redevelopment project area would not reasonably be
7 developed without the use of such incremental revenues, and
8 (b) that such incremental revenues will be exclusively
9 utilized for the development of the redevelopment project
10 area.
11         (5) If the redevelopment plan will not result in
12 displacement of residents from 10 or more inhabited
13 residential units, and the municipality certifies in the
14 plan that such displacement will not result from the plan,
15 a housing impact study need not be performed. If, however,
16 the redevelopment plan would result in the displacement of
17 residents from 10 or more inhabited residential units, or
18 if the redevelopment project area contains 75 or more
19 inhabited residential units and no certification is made,
20 then the municipality shall prepare, as part of the
21 separate feasibility report required by subsection (a) of
22 Section 11-74.4-5, a housing impact study.
23         Part I of the housing impact study shall include (i)
24 data as to whether the residential units are single family
25 or multi-family units, (ii) the number and type of rooms
26 within the units, if that information is available, (iii)
27 whether the units are inhabited or uninhabited, as
28 determined not less than 45 days before the date that the
29 ordinance or resolution required by subsection (a) of
30 Section 11-74.4-5 is passed, and (iv) data as to the racial
31 and ethnic composition of the residents in the inhabited
32 residential units. The data requirement as to the racial
33 and ethnic composition of the residents in the inhabited
34 residential units shall be deemed to be fully satisfied by

 

 

09300HB5734ham001 - 26 - LRB093 16985 MKM 49375 a

1 data from the most recent federal census.
2         Part II of the housing impact study shall identify the
3 inhabited residential units in the proposed redevelopment
4 project area that are to be or may be removed. If inhabited
5 residential units are to be removed, then the housing
6 impact study shall identify (i) the number and location of
7 those units that will or may be removed, (ii) the
8 municipality's plans for relocation assistance for those
9 residents in the proposed redevelopment project area whose
10 residences are to be removed, (iii) the availability of
11 replacement housing for those residents whose residences
12 are to be removed, and shall identify the type, location,
13 and cost of the housing, and (iv) the type and extent of
14 relocation assistance to be provided.
15         (6) On and after November 1, 1999, the housing impact
16 study required by paragraph (5) shall be incorporated in
17 the redevelopment plan for the redevelopment project area.
18         (7) On and after November 1, 1999, no redevelopment
19 plan shall be adopted, nor an existing plan amended, nor
20 shall residential housing that is occupied by households of
21 low-income and very low-income persons in currently
22 existing redevelopment project areas be removed after
23 November 1, 1999 unless the redevelopment plan provides,
24 with respect to inhabited housing units that are to be
25 removed for households of low-income and very low-income
26 persons, affordable housing and relocation assistance not
27 less than that which would be provided under the federal
28 Uniform Relocation Assistance and Real Property
29 Acquisition Policies Act of 1970 and the regulations under
30 that Act, including the eligibility criteria. Affordable
31 housing may be either existing or newly constructed
32 housing. For purposes of this paragraph (7), "low-income
33 households", "very low-income households", and "affordable
34 housing" have the meanings set forth in the Illinois

 

 

09300HB5734ham001 - 27 - LRB093 16985 MKM 49375 a

1 Affordable Housing Act. The municipality shall make a good
2 faith effort to ensure that this affordable housing is
3 located in or near the redevelopment project area within
4 the municipality.
5         (8) On and after November 1, 1999, if, after the
6 adoption of the redevelopment plan for the redevelopment
7 project area, any municipality desires to amend its
8 redevelopment plan to remove more inhabited residential
9 units than specified in its original redevelopment plan,
10 that change shall be made in accordance with the procedures
11 in subsection (c) of Section 11-74.4-5.
12         (9) For redevelopment project areas designated prior
13 to November 1, 1999, the redevelopment plan may be amended
14 without further joint review board meeting or hearing,
15 provided that the municipality shall give notice of any
16 such changes by mail to each affected taxing district and
17 registrant on the interested party registry, to authorize
18 the municipality to expend tax increment revenues for
19 redevelopment project costs defined by paragraphs (5) and
20 (7.5), subparagraphs (E) and (F) of paragraph (11), and
21 paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
22 long as the changes do not increase the total estimated
23 redevelopment project costs set out in the redevelopment
24 plan by more than 5% after adjustment for inflation from
25 the date the plan was adopted.
26     (o) "Redevelopment project" means any public and private
27 development project in furtherance of the objectives of a
28 redevelopment plan. On and after November 1, 1999 (the
29 effective date of Public Act 91-478), no redevelopment plan may
30 be approved or amended that includes the development of vacant
31 land (i) with a golf course and related clubhouse and other
32 facilities or (ii) designated by federal, State, county, or
33 municipal government as public land for outdoor recreational
34 activities or for nature preserves and used for that purpose

 

 

09300HB5734ham001 - 28 - LRB093 16985 MKM 49375 a

1 within 5 years prior to the adoption of the redevelopment plan.
2 For the purpose of this subsection, "recreational activities"
3 is limited to mean camping and hunting.
4     (p) "Redevelopment project area" means an area designated
5 by the municipality, which is not less in the aggregate than 1
6 1/2 acres and in respect to which the municipality has made a
7 finding that there exist conditions which cause the area to be
8 classified as an industrial park conservation area or a
9 blighted area or a conservation area, or a combination of both
10 blighted areas and conservation areas.
11     (q) "Redevelopment project costs" mean and include the sum
12 total of all reasonable or necessary costs incurred or
13 estimated to be incurred, and any such costs incidental to a
14 redevelopment plan and a redevelopment project. Such costs
15 include, without limitation, the following:
16         (1) Costs of studies, surveys, development of plans,
17 and specifications, implementation and administration of
18 the redevelopment plan including but not limited to staff
19 and professional service costs for architectural,
20 engineering, legal, financial, planning or other services,
21 provided however that no charges for professional services
22 may be based on a percentage of the tax increment
23 collected; except that on and after November 1, 1999 (the
24 effective date of Public Act 91-478), no contracts for
25 professional services, excluding architectural and
26 engineering services, may be entered into if the terms of
27 the contract extend beyond a period of 3 years. In
28 addition, "redevelopment project costs" shall not include
29 lobbying expenses. After consultation with the
30 municipality, each tax increment consultant or advisor to a
31 municipality that plans to designate or has designated a
32 redevelopment project area shall inform the municipality
33 in writing of any contracts that the consultant or advisor
34 has entered into with entities or individuals that have

 

 

09300HB5734ham001 - 29 - LRB093 16985 MKM 49375 a

1 received, or are receiving, payments financed by tax
2 increment revenues produced by the redevelopment project
3 area with respect to which the consultant or advisor has
4 performed, or will be performing, service for the
5 municipality. This requirement shall be satisfied by the
6 consultant or advisor before the commencement of services
7 for the municipality and thereafter whenever any other
8 contracts with those individuals or entities are executed
9 by the consultant or advisor;
10         (1.5) After July 1, 1999, annual administrative costs
11 shall not include general overhead or administrative costs
12 of the municipality that would still have been incurred by
13 the municipality if the municipality had not designated a
14 redevelopment project area or approved a redevelopment
15 plan;
16         (1.6) The cost of marketing sites within the
17 redevelopment project area to prospective businesses,
18 developers, and investors;
19         (2) Property assembly costs, including but not limited
20 to acquisition of land and other property, real or
21 personal, or rights or interests therein, demolition of
22 buildings, site preparation, site improvements that serve
23 as an engineered barrier addressing ground level or below
24 ground environmental contamination, including, but not
25 limited to parking lots and other concrete or asphalt
26 barriers, and the clearing and grading of land;
27         (3) Costs of rehabilitation, reconstruction or repair
28 or remodeling of existing public or private buildings,
29 fixtures, and leasehold improvements; and the cost of
30 replacing an existing public building if pursuant to the
31 implementation of a redevelopment project the existing
32 public building is to be demolished to use the site for
33 private investment or devoted to a different use requiring
34 private investment;

 

 

09300HB5734ham001 - 30 - LRB093 16985 MKM 49375 a

1         (4) Costs of the construction of public works or
2 improvements, except that on and after November 1, 1999,
3 redevelopment project costs shall not include the cost of
4 constructing a new municipal public building principally
5 used to provide offices, storage space, or conference
6 facilities or vehicle storage, maintenance, or repair for
7 administrative, public safety, or public works personnel
8 and that is not intended to replace an existing public
9 building as provided under paragraph (3) of subsection (q)
10 of Section 11-74.4-3 unless either (i) the construction of
11 the new municipal building implements a redevelopment
12 project that was included in a redevelopment plan that was
13 adopted by the municipality prior to November 1, 1999 or
14 (ii) the municipality makes a reasonable determination in
15 the redevelopment plan, supported by information that
16 provides the basis for that determination, that the new
17 municipal building is required to meet an increase in the
18 need for public safety purposes anticipated to result from
19 the implementation of the redevelopment plan;
20         (5) Costs of job training and retraining projects,
21 including the cost of "welfare to work" programs
22 implemented by businesses located within the redevelopment
23 project area;
24         (6) Financing costs, including but not limited to all
25 necessary and incidental expenses related to the issuance
26 of obligations and which may include payment of interest on
27 any obligations issued hereunder including interest
28 accruing during the estimated period of construction of any
29 redevelopment project for which such obligations are
30 issued and for not exceeding 36 months thereafter and
31 including reasonable reserves related thereto;
32         (7) To the extent the municipality by written agreement
33 accepts and approves the same, all or a portion of a taxing
34 district's capital costs resulting from the redevelopment

 

 

09300HB5734ham001 - 31 - LRB093 16985 MKM 49375 a

1 project necessarily incurred or to be incurred within a
2 taxing district in furtherance of the objectives of the
3 redevelopment plan and project.
4         (7.5) For redevelopment project areas designated (or
5 redevelopment project areas amended to add or increase the
6 number of tax-increment-financing assisted housing units)
7 on or after November 1, 1999, an elementary, secondary, or
8 unit school district's increased costs attributable to
9 assisted housing units located within the redevelopment
10 project area for which the developer or redeveloper
11 receives financial assistance through an agreement with
12 the municipality or because the municipality incurs the
13 cost of necessary infrastructure improvements within the
14 boundaries of the assisted housing sites necessary for the
15 completion of that housing as authorized by this Act, and
16 which costs shall be paid by the municipality from the
17 Special Tax Allocation Fund when the tax increment revenue
18 is received as a result of the assisted housing units and
19 shall be calculated annually as follows:
20             (A) for foundation districts, excluding any school
21 district in a municipality with a population in excess
22 of 1,000,000, by multiplying the district's increase
23 in attendance resulting from the net increase in new
24 students enrolled in that school district who reside in
25 housing units within the redevelopment project area
26 that have received financial assistance through an
27 agreement with the municipality or because the
28 municipality incurs the cost of necessary
29 infrastructure improvements within the boundaries of
30 the housing sites necessary for the completion of that
31 housing as authorized by this Act since the designation
32 of the redevelopment project area by the most recently
33 available per capita tuition cost as defined in Section
34 10-20.12a of the School Code less any increase in

 

 

09300HB5734ham001 - 32 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 33 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 34 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 35 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 36 - LRB093 16985 MKM 49375 a

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

 

 

09300HB5734ham001 - 37 - LRB093 16985 MKM 49375 a

1 Affordable Housing Act, within the redevelopment
2 project area. If the low and very low-income units are
3 part of a residential redevelopment project that
4 includes units not affordable to low and very
5 low-income households, only the low and very
6 low-income units shall be eligible for benefits under
7 subparagraph (F) of paragraph (11). The standards for
8 maintaining the occupancy by low-income households and
9 very low-income households, as defined in Section 3 of
10 the Illinois Affordable Housing Act, of those units
11 constructed with eligible costs made available under
12 the provisions of this subparagraph (F) of paragraph
13 (11) shall be established by guidelines adopted by the
14 municipality. The responsibility for annually
15 documenting the initial occupancy of the units by
16 low-income households and very low-income households,
17 as defined in Section 3 of the Illinois Affordable
18 Housing Act, shall be that of the then current owner of
19 the property. For ownership units, the guidelines will
20 provide, at a minimum, for a reasonable recapture of
21 funds, or other appropriate methods designed to
22 preserve the original affordability of the ownership
23 units. For rental units, the guidelines will provide,
24 at a minimum, for the affordability of rent to low and
25 very low-income households. As units become available,
26 they shall be rented to income-eligible tenants. The
27 municipality may modify these guidelines from time to
28 time; the guidelines, however, shall be in effect for
29 as long as tax increment revenue is being used to pay
30 for costs associated with the units or for the
31 retirement of bonds issued to finance the units or for
32 the life of the redevelopment project area, whichever
33 is later.
34         (11.5) If the redevelopment project area is located

 

 

09300HB5734ham001 - 38 - LRB093 16985 MKM 49375 a

1 within a municipality with a population of more than
2 100,000, the cost of day care services for children of
3 employees from low-income families working for businesses
4 located within the redevelopment project area and all or a
5 portion of the cost of operation of day care centers
6 established by redevelopment project area businesses to
7 serve employees from low-income families working in
8 businesses located in the redevelopment project area. For
9 the purposes of this paragraph, "low-income families"
10 means families whose annual income does not exceed 80% of
11 the municipal, county, or regional median income, adjusted
12 for family size, as the annual income and municipal,
13 county, or regional median income are determined from time
14 to time by the United States Department of Housing and
15 Urban Development.
16         (12) Unless explicitly stated herein the cost of
17 construction of new privately-owned buildings shall not be
18 an eligible redevelopment project cost.
19         (13) After November 1, 1999 (the effective date of
20 Public Act 91-478), none of the redevelopment project costs
21 enumerated in this subsection shall be eligible
22 redevelopment project costs if those costs would provide
23 direct financial support to a retail entity initiating
24 operations in the redevelopment project area while
25 terminating operations at another Illinois location within
26 10 miles of the redevelopment project area but outside the
27 boundaries of the redevelopment project area municipality.
28 For purposes of this paragraph, termination means a closing
29 of a retail operation that is directly related to the
30 opening of the same operation or like retail entity owned
31 or operated by more than 50% of the original ownership in a
32 redevelopment project area, but it does not mean closing an
33 operation for reasons beyond the control of the retail
34 entity, as documented by the retail entity, subject to a

 

 

09300HB5734ham001 - 39 - LRB093 16985 MKM 49375 a

1 reasonable finding by the municipality that the current
2 location contained inadequate space, had become
3 economically obsolete, or was no longer a viable location
4 for the retailer or serviceman.
5     If a special service area has been established pursuant to
6 the Special Service Area Tax Act or Special Service Area Tax
7 Law, then any tax increment revenues derived from the tax
8 imposed pursuant to the Special Service Area Tax Act or Special
9 Service Area Tax Law may be used within the redevelopment
10 project area for the purposes permitted by that Act or Law as
11 well as the purposes permitted by this Act.
12     (r) "State Sales Tax Boundary" means the redevelopment
13 project area or the amended redevelopment project area
14 boundaries which are determined pursuant to subsection (9) of
15 Section 11-74.4-8a of this Act. The Department of Revenue shall
16 certify pursuant to subsection (9) of Section 11-74.4-8a the
17 appropriate boundaries eligible for the determination of State
18 Sales Tax Increment.
19     (s) "State Sales Tax Increment" means an amount equal to
20 the increase in the aggregate amount of taxes paid by retailers
21 and servicemen, other than retailers and servicemen subject to
22 the Public Utilities Act, on transactions at places of business
23 located within a State Sales Tax Boundary pursuant to the
24 Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
25 Tax Act, and the Service Occupation Tax Act, except such
26 portion of such increase that is paid into the State and Local
27 Sales Tax Reform Fund, the Local Government Distributive Fund,
28 the Local Government Tax Fund and the County and Mass Transit
29 District Fund, for as long as State participation exists, over
30 and above the Initial Sales Tax Amounts, Adjusted Initial Sales
31 Tax Amounts or the Revised Initial Sales Tax Amounts for such
32 taxes as certified by the Department of Revenue and paid under
33 those Acts by retailers and servicemen on transactions at
34 places of business located within the State Sales Tax Boundary

 

 

09300HB5734ham001 - 40 - LRB093 16985 MKM 49375 a

1 during the base year which shall be the calendar year
2 immediately prior to the year in which the municipality adopted
3 tax increment allocation financing, less 3.0% of such amounts
4 generated under the Retailers' Occupation Tax Act, Use Tax Act
5 and Service Use Tax Act and the Service Occupation Tax Act,
6 which sum shall be appropriated to the Department of Revenue to
7 cover its costs of administering and enforcing this Section.
8 For purposes of computing the aggregate amount of such taxes
9 for base years occurring prior to 1985, the Department of
10 Revenue shall compute the Initial Sales Tax Amount for such
11 taxes and deduct therefrom an amount equal to 4% of the
12 aggregate amount of taxes per year for each year the base year
13 is prior to 1985, but not to exceed a total deduction of 12%.
14 The amount so determined shall be known as the "Adjusted
15 Initial Sales Tax Amount". For purposes of determining the
16 State Sales Tax Increment the Department of Revenue shall for
17 each period subtract from the tax amounts received from
18 retailers and servicemen on transactions located in the State
19 Sales Tax Boundary, the certified Initial Sales Tax Amounts,
20 Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
21 Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
22 the Service Use Tax Act and the Service Occupation Tax Act. For
23 the State Fiscal Year 1989 this calculation shall be made by
24 utilizing the calendar year 1987 to determine the tax amounts
25 received. For the State Fiscal Year 1990, this calculation
26 shall be made by utilizing the period from January 1, 1988,
27 until September 30, 1988, to determine the tax amounts received
28 from retailers and servicemen, which shall have deducted
29 therefrom nine-twelfths of the certified Initial Sales Tax
30 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
31 Initial Sales Tax Amounts as appropriate. For the State Fiscal
32 Year 1991, this calculation shall be made by utilizing the
33 period from October 1, 1988, until June 30, 1989, to determine
34 the tax amounts received from retailers and servicemen, which

 

 

09300HB5734ham001 - 41 - LRB093 16985 MKM 49375 a

1 shall have deducted therefrom nine-twelfths of the certified
2 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
3 Amounts or the Revised Initial Sales Tax Amounts as
4 appropriate. For every State Fiscal Year thereafter, the
5 applicable period shall be the 12 months beginning July 1 and
6 ending on June 30, to determine the tax amounts received which
7 shall have deducted therefrom the certified Initial Sales Tax
8 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
9 Initial Sales Tax Amounts. Municipalities intending to receive
10 a distribution of State Sales Tax Increment must report a list
11 of retailers to the Department of Revenue by October 31, 1988
12 and by July 31, of each year thereafter.
13     (t) "Taxing districts" means counties, townships, cities
14 and incorporated towns and villages, school, road, park,
15 sanitary, mosquito abatement, forest preserve, public health,
16 fire protection, river conservancy, tuberculosis sanitarium
17 and any other municipal corporations or districts with the
18 power to levy taxes.
19     (u) "Taxing districts' capital costs" means those costs of
20 taxing districts for capital improvements that are found by the
21 municipal corporate authorities to be necessary and directly
22 result from the redevelopment project.
23     (v) As used in subsection (a) of Section 11-74.4-3 of this
24 Act, "vacant land" means any parcel or combination of parcels
25 of real property without industrial, commercial, and
26 residential buildings which has not been used for commercial
27 agricultural purposes within 5 years prior to the designation
28 of the redevelopment project area, unless the parcel is
29 included in an industrial park conservation area or the parcel
30 has been subdivided; provided that if the parcel was part of a
31 larger tract that has been divided into 3 or more smaller
32 tracts that were accepted for recording during the period from
33 1950 to 1990, then the parcel shall be deemed to have been
34 subdivided, and all proceedings and actions of the municipality

 

 

09300HB5734ham001 - 42 - LRB093 16985 MKM 49375 a

1 taken in that connection with respect to any previously
2 approved or designated redevelopment project area or amended
3 redevelopment project area are hereby validated and hereby
4 declared to be legally sufficient for all purposes of this Act.
5 For purposes of this Section and only for land subject to the
6 subdivision requirements of the Plat Act, land is subdivided
7 when the original plat of the proposed Redevelopment Project
8 Area or relevant portion thereof has been properly certified,
9 acknowledged, approved, and recorded or filed in accordance
10 with the Plat Act and a preliminary plat, if any, for any
11 subsequent phases of the proposed Redevelopment Project Area or
12 relevant portion thereof has been properly approved and filed
13 in accordance with the applicable ordinance of the
14 municipality.
15     (w) "Annual Total Increment" means the sum of each
16 municipality's annual Net Sales Tax Increment and each
17 municipality's annual Net Utility Tax Increment. The ratio of
18 the Annual Total Increment of each municipality to the Annual
19 Total Increment for all municipalities, as most recently
20 calculated by the Department, shall determine the proportional
21 shares of the Illinois Tax Increment Fund to be distributed to
22 each municipality.
23 (Source: P.A. 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; 92-624,
24 eff. 7-11-02; 92-651, eff. 7-11-02; 93-298, eff. 7-23-03.)
 
25     (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
26     Sec. 11-74.4-7. Obligations secured by the special tax
27 allocation fund set forth in Section 11-74.4-8 for the
28 redevelopment project area may be issued to provide for
29 redevelopment project costs. Such obligations, when so issued,
30 shall be retired in the manner provided in the ordinance
31 authorizing the issuance of such obligations by the receipts of
32 taxes levied as specified in Section 11-74.4-9 against the
33 taxable property included in the area, by revenues as specified

 

 

09300HB5734ham001 - 43 - LRB093 16985 MKM 49375 a

1 by Section 11-74.4-8a and other revenue designated by the
2 municipality. A municipality may in the ordinance pledge all or
3 any part of the funds in and to be deposited in the special tax
4 allocation fund created pursuant to Section 11-74.4-8 to the
5 payment of the redevelopment project costs and obligations. Any
6 pledge of funds in the special tax allocation fund shall
7 provide for distribution to the taxing districts and to the
8 Illinois Department of Revenue of moneys not required, pledged,
9 earmarked, or otherwise designated for payment and securing of
10 the obligations and anticipated redevelopment project costs
11 and such excess funds shall be calculated annually and deemed
12 to be "surplus" funds. In the event a municipality only applies
13 or pledges a portion of the funds in the special tax allocation
14 fund for the payment or securing of anticipated redevelopment
15 project costs or of obligations, any such funds remaining in
16 the special tax allocation fund after complying with the
17 requirements of the application or pledge, shall also be
18 calculated annually and deemed "surplus" funds. All surplus
19 funds in the special tax allocation fund shall be distributed
20 annually within 180 days after the close of the municipality's
21 fiscal year by being paid by the municipal treasurer to the
22 County Collector, to the Department of Revenue and to the
23 municipality in direct proportion to the tax incremental
24 revenue received as a result of an increase in the equalized
25 assessed value of property in the redevelopment project area,
26 tax incremental revenue received from the State and tax
27 incremental revenue received from the municipality, but not to
28 exceed as to each such source the total incremental revenue
29 received from that source. The County Collector shall
30 thereafter make distribution to the respective taxing
31 districts in the same manner and proportion as the most recent
32 distribution by the county collector to the affected districts
33 of real property taxes from real property in the redevelopment
34 project area.

 

 

09300HB5734ham001 - 44 - LRB093 16985 MKM 49375 a

1     Without limiting the foregoing in this Section, the
2 municipality may in addition to obligations secured by the
3 special tax allocation fund pledge for a period not greater
4 than the term of the obligations towards payment of such
5 obligations any part or any combination of the following: (a)
6 net revenues of all or part of any redevelopment project; (b)
7 taxes levied and collected on any or all property in the
8 municipality; (c) the full faith and credit of the
9 municipality; (d) a mortgage on part or all of the
10 redevelopment project; or (e) any other taxes or anticipated
11 receipts that the municipality may lawfully pledge.
12     Such obligations may be issued in one or more series
13 bearing interest at such rate or rates as the corporate
14 authorities of the municipality shall determine by ordinance.
15 Such obligations shall bear such date or dates, mature at such
16 time or times not exceeding 20 years from their respective
17 dates, be in such denomination, carry such registration
18 privileges, be executed in such manner, be payable in such
19 medium of payment at such place or places, contain such
20 covenants, terms and conditions, and be subject to redemption
21 as such ordinance shall provide. Obligations issued pursuant to
22 this Act may be sold at public or private sale at such price as
23 shall be determined by the corporate authorities of the
24 municipalities. No referendum approval of the electors shall be
25 required as a condition to the issuance of obligations pursuant
26 to this Division except as provided in this Section.
27     In the event the municipality authorizes issuance of
28 obligations pursuant to the authority of this Division secured
29 by the full faith and credit of the municipality, which
30 obligations are other than obligations which may be issued
31 under home rule powers provided by Article VII, Section 6 of
32 the Illinois Constitution, or pledges taxes pursuant to (b) or
33 (c) of the second paragraph of this section, the ordinance
34 authorizing the issuance of such obligations or pledging such

 

 

09300HB5734ham001 - 45 - LRB093 16985 MKM 49375 a

1 taxes shall be published within 10 days after such ordinance
2 has been passed in one or more newspapers, with general
3 circulation within such municipality. The publication of the
4 ordinance shall be accompanied by a notice of (1) the specific
5 number of voters required to sign a petition requesting the
6 question of the issuance of such obligations or pledging taxes
7 to be submitted to the electors; (2) the time in which such
8 petition must be filed; and (3) the date of the prospective
9 referendum. The municipal clerk shall provide a petition form
10 to any individual requesting one.
11     If no petition is filed with the municipal clerk, as
12 hereinafter provided in this Section, within 30 days after the
13 publication of the ordinance, the ordinance shall be in effect.
14 But, if within that 30 day period a petition is filed with the
15 municipal clerk, signed by electors in the municipality
16 numbering 10% or more of the number of registered voters in the
17 municipality, asking that the question of issuing obligations
18 using full faith and credit of the municipality as security for
19 the cost of paying for redevelopment project costs, or of
20 pledging taxes for the payment of such obligations, or both, be
21 submitted to the electors of the municipality, the corporate
22 authorities of the municipality shall call a special election
23 in the manner provided by law to vote upon that question, or,
24 if a general, State or municipal election is to be held within
25 a period of not less than 30 or more than 90 days from the date
26 such petition is filed, shall submit the question at the next
27 general, State or municipal election. If it appears upon the
28 canvass of the election by the corporate authorities that a
29 majority of electors voting upon the question voted in favor
30 thereof, the ordinance shall be in effect, but if a majority of
31 the electors voting upon the question are not in favor thereof,
32 the ordinance shall not take effect.
33     The ordinance authorizing the obligations may provide that
34 the obligations shall contain a recital that they are issued

 

 

09300HB5734ham001 - 46 - LRB093 16985 MKM 49375 a

1 pursuant to this Division, which recital shall be conclusive
2 evidence of their validity and of the regularity of their
3 issuance.
4     In the event the municipality authorizes issuance of
5 obligations pursuant to this Section secured by the full faith
6 and credit of the municipality, the ordinance authorizing the
7 obligations may provide for the levy and collection of a direct
8 annual tax upon all taxable property within the municipality
9 sufficient to pay the principal thereof and interest thereon as
10 it matures, which levy may be in addition to and exclusive of
11 the maximum of all other taxes authorized to be levied by the
12 municipality, which levy, however, shall be abated to the
13 extent that monies from other sources are available for payment
14 of the obligations and the municipality certifies the amount of
15 said monies available to the county clerk.
16     A certified copy of such ordinance shall be filed with the
17 county clerk of each county in which any portion of the
18 municipality is situated, and shall constitute the authority
19 for the extension and collection of the taxes to be deposited
20 in the special tax allocation fund.
21     A municipality may also issue its obligations to refund in
22 whole or in part, obligations theretofore issued by such
23 municipality under the authority of this Act, whether at or
24 prior to maturity, provided however, that the last maturity of
25 the refunding obligations shall not be expressed to mature
26 later than December 31 of the year in which the payment to the
27 municipal treasurer as provided in subsection (b) of Section
28 11-74.4-8 of this Act is to be made with respect to ad valorem
29 taxes levied in the twenty-third calendar year after the year
30 in which the ordinance approving the redevelopment project area
31 is adopted if the ordinance was adopted on or after January 15,
32 1981, and not later than December 31 of the year in which the
33 payment to the municipal treasurer as provided in subsection
34 (b) of Section 11-74.4-8 of this Act is to be made with respect

 

 

09300HB5734ham001 - 47 - LRB093 16985 MKM 49375 a

1 to 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 (A) if the ordinance was
4 adopted before January 15, 1981, or (B) if the ordinance was
5 adopted in December 1983, April 1984, July 1985, or December
6 1989, or (C) if the ordinance was adopted in December, 1987 and
7 the redevelopment project is located within one mile of Midway
8 Airport, or (D) if the ordinance was adopted before January 1,
9 1987 by a municipality in Mason County, or (E) if the
10 municipality is subject to the Local Government Financial
11 Planning and Supervision Act or the Financially Distressed City
12 Law, or (F) if the ordinance was adopted in December 1984 by
13 the Village of Rosemont, or (G) if the ordinance was adopted on
14 December 31, 1986 by a municipality located in Clinton County
15 for which at least $250,000 of tax increment bonds were
16 authorized on June 17, 1997, or if the ordinance was adopted on
17 December 31, 1986 by a municipality with a population in 1990
18 of less than 3,600 that is located in a county with a
19 population in 1990 of less than 34,000 and for which at least
20 $250,000 of tax increment bonds were authorized on June 17,
21 1997, or (H) if the ordinance was adopted on October 5, 1982 by
22 the City of Kankakee, or (I) if the ordinance was adopted on
23 December 29, 1986 by East St. Louis, or if the ordinance was
24 adopted on November 12, 1991 by the Village of Sauget, or (J)
25 if the ordinance was adopted on February 11, 1985 by the City
26 of Rock Island, or (K) if the ordinance was adopted before
27 December 18, 1986 by the City of Moline, or (L) if the
28 ordinance was adopted in September 1988 by Sauk Village, or (M)
29 if the ordinance was adopted in October 1993 by Sauk Village,
30 or (N) if the ordinance was adopted on December 29, 1986 by the
31 City of Galva, or (O) if the ordinance was adopted in March
32 1991 by the City of Centreville, or (P) if the ordinance was
33 adopted on January 23, 1991 by the City of East St. Louis, or
34 (Q) if the ordinance was adopted on December 22, 1986 by the

 

 

09300HB5734ham001 - 48 - LRB093 16985 MKM 49375 a

1 City of Aledo, or (R) if the ordinance was adopted on February
2 5, 1990 by the City of Clinton, or (S) if the ordinance was
3 adopted on September 6, 1994 by the City of Freeport, or (T) if
4 the ordinance was adopted on December 22, 1986 by the City of
5 Tuscola, or (U) if the ordinance was adopted on December 23,
6 1986 by the City of Sparta, or (V) if the ordinance was adopted
7 on December 23, 1986 by the City of Beardstown, or (W) if the
8 ordinance was adopted on April 27, 1981, October 21, 1985, or
9 December 30, 1986 by the City of Belleville, or (X) if the
10 ordinance was adopted on December 29, 1986 by the City of
11 Collinsville, or (Y) if the ordinance was adopted on September
12 14, 1994 by the City of Alton, or (Z) if the ordinance was
13 adopted on November 11, 1996 by the City of Lexington, or (AA)
14 if the ordinance was adopted on November 5, 1984 by the City of
15 LeRoy, or (BB) if the ordinance was adopted on April 3, 1991 or
16 June 3, 1992 by the City of Markham, or (CC) if the ordinance
17 was adopted on December 15, 1981 by the City of Champaign and,
18 for redevelopment project areas for which bonds were issued
19 before July 29, 1991, in connection with a redevelopment
20 project in the area within the State Sales Tax Boundary and
21 which were extended by municipal ordinance under subsection (n)
22 of Section 11-74.4-3, the last maturity of the refunding
23 obligations shall not be expressed to mature later than the
24 date on which the redevelopment project area is terminated or
25 December 31, 2013, whichever date occurs first.
26     In the event a municipality issues obligations under home
27 rule powers or other legislative authority the proceeds of
28 which are pledged to pay for redevelopment project costs, the
29 municipality may, if it has followed the procedures in
30 conformance with this division, retire said obligations from
31 funds in the special tax allocation fund in amounts and in such
32 manner as if such obligations had been issued pursuant to the
33 provisions of this division.
34     All obligations heretofore or hereafter issued pursuant to

 

 

09300HB5734ham001 - 49 - LRB093 16985 MKM 49375 a

1 this Act shall not be regarded as indebtedness of the
2 municipality issuing such obligations or any other taxing
3 district for the purpose of any limitation imposed by law.
4 (Source: P.A. 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; 92-624,
5 eff. 7-11-02; 92-651, eff. 7-11-02; 93-298, eff. 7-23-03.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".