Sen. Gary G. Dahl

Filed: 3/28/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 837

2     AMENDMENT NO. ______. Amend Senate Bill 837 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     (Text of Section before amendment by P.A. 94-702 and
8 94-711)
9     Sec. 11-74.4-3. Definitions. The following terms, wherever
10 used or referred to in this Division 74.4 shall have the
11 following respective meanings, unless in any case a different
12 meaning clearly appears from the context.
13     (a) For any redevelopment project area that has been
14 designated pursuant to this Section by an ordinance adopted
15 prior to November 1, 1999 (the effective date of Public Act
16 91-478), "blighted area" shall have the meaning set forth in
17 this Section prior to that date.
18     On and after November 1, 1999, "blighted area" means any
19 improved or vacant area within the boundaries of a
20 redevelopment project area located within the territorial
21 limits of the municipality where:
22         (1) If improved, industrial, commercial, and
23     residential buildings or improvements are detrimental to
24     the public safety, health, or welfare because of a

 

 

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

 

 

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

 

 

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1         Examples of problem conditions warranting the
2         designation of an area as one exhibiting excessive land
3         coverage are: (i) the presence of buildings either
4         improperly situated on parcels or located on parcels of
5         inadequate size and shape in relation to present-day
6         standards of development for health and safety and (ii)
7         the presence of multiple buildings on a single parcel.
8         For there to be a finding of excessive land coverage,
9         these parcels must exhibit one or more of the following
10         conditions: insufficient provision for light and air
11         within or around buildings, increased threat of spread
12         of fire due to the close proximity of buildings, lack
13         of adequate or proper access to a public right-of-way,
14         lack of reasonably required off-street parking, or
15         inadequate provision for loading and service.
16             (J) Deleterious land use or layout. The existence
17         of incompatible land-use relationships, buildings
18         occupied by inappropriate mixed-uses, or uses
19         considered to be noxious, offensive, or unsuitable for
20         the surrounding area.
21             (K) Environmental clean-up. The proposed
22         redevelopment project area has incurred Illinois
23         Environmental Protection Agency or United States
24         Environmental Protection Agency remediation costs for,
25         or a study conducted by an independent consultant
26         recognized as having expertise in environmental
27         remediation has determined a need for, the clean-up of
28         hazardous waste, hazardous substances, or underground
29         storage tanks required by State or federal law,
30         provided that the remediation costs constitute a
31         material impediment to the development or
32         redevelopment of the redevelopment project area.
33             (L) Lack of community planning. The proposed
34         redevelopment project area was developed prior to or

 

 

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1         without the benefit or guidance of a community plan.
2         This means that the development occurred prior to the
3         adoption by the municipality of a comprehensive or
4         other community plan or that the plan was not followed
5         at the time of the area's development. This factor must
6         be documented by evidence of adverse or incompatible
7         land-use relationships, inadequate street layout,
8         improper subdivision, parcels of inadequate shape and
9         size to meet contemporary development standards, or
10         other evidence demonstrating an absence of effective
11         community planning.
12             (M) The total equalized assessed value of the
13         proposed redevelopment project area has declined for 3
14         of the last 5 calendar years prior to the year in which
15         the redevelopment project area is designated or is
16         increasing at an annual rate that is less than the
17         balance of the municipality for 3 of the last 5
18         calendar years for which information is available or is
19         increasing at an annual rate that is less than the
20         Consumer Price Index for All Urban Consumers published
21         by the United States Department of Labor or successor
22         agency for 3 of the last 5 calendar years prior to the
23         year in which the redevelopment project area is
24         designated.
25         (2) If vacant, the sound growth of the redevelopment
26     project area is impaired by a combination of 2 or more of
27     the following factors, each of which is (i) present, with
28     that presence documented, to a meaningful extent so that a
29     municipality may reasonably find that the factor is clearly
30     present within the intent of the Act and (ii) reasonably
31     distributed throughout the vacant part of the
32     redevelopment project area to which it pertains:
33             (A) Obsolete platting of vacant land that results
34         in parcels of limited or narrow size or configurations

 

 

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

 

 

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

 

 

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1         vacant (notwithstanding that the area has been used for
2         commercial agricultural purposes within 5 years prior
3         to the designation of the redevelopment project area),
4         and the area meets at least one of the factors itemized
5         in paragraph (1) of this subsection, the area has been
6         designated as a town or village center by ordinance or
7         comprehensive plan adopted prior to January 1, 1982,
8         and the area has not been developed for that designated
9         purpose.
10             (F) The area qualified as a blighted improved area
11         immediately prior to becoming vacant, unless there has
12         been substantial private investment in the immediately
13         surrounding area.
14     (b) For any redevelopment project area that has been
15 designated pursuant to this Section by an ordinance adopted
16 prior to November 1, 1999 (the effective date of Public Act
17 91-478), "conservation area" shall have the meaning set forth
18 in this Section prior to that date.
19     On and after November 1, 1999, "conservation area" means
20 any improved area within the boundaries of a redevelopment
21 project area located within the territorial limits of the
22 municipality in which 50% or more of the structures in the area
23 have an age of 35 years or more. Such an area is not yet a
24 blighted area but because of a combination of 3 or more of the
25 following factors is detrimental to the public safety, health,
26 morals or welfare and such an area may become a blighted area:
27         (1) Dilapidation. An advanced state of disrepair or
28     neglect of necessary repairs to the primary structural
29     components of buildings or improvements in such a
30     combination that a documented building condition analysis
31     determines that major repair is required or the defects are
32     so serious and so extensive that the buildings must be
33     removed.
34         (2) Obsolescence. The condition or process of falling

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 incorporated town, or a township that is located in the
2 unincorporated portion of a county with 3 million or more
3 inhabitants, if the county adopted an ordinance that approved
4 the township's redevelopment plan.
5     (g) "Initial Sales Tax Amounts" means the amount of taxes
6 paid under the Retailers' Occupation Tax Act, Use Tax Act,
7 Service Use Tax Act, the Service Occupation Tax Act, the
8 Municipal Retailers' Occupation Tax Act, and the Municipal
9 Service Occupation Tax Act by retailers and servicemen on
10 transactions at places located in a State Sales Tax Boundary
11 during the calendar year 1985.
12     (g-1) "Revised Initial Sales Tax Amounts" means the amount
13 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
14 Act, Service Use Tax Act, the Service Occupation Tax Act, the
15 Municipal Retailers' Occupation Tax Act, and the Municipal
16 Service Occupation Tax Act by retailers and servicemen on
17 transactions at places located within the State Sales Tax
18 Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
19     (h) "Municipal Sales Tax Increment" means an amount equal
20 to the increase in the aggregate amount of taxes paid to a
21 municipality from the Local Government Tax Fund arising from
22 sales by retailers and servicemen within the redevelopment
23 project area or State Sales Tax Boundary, as the case may be,
24 for as long as the redevelopment project area or State Sales
25 Tax Boundary, as the case may be, exist over and above the
26 aggregate amount of taxes as certified by the Illinois
27 Department of Revenue and paid under the Municipal Retailers'
28 Occupation Tax Act and the Municipal Service Occupation Tax Act
29 by retailers and servicemen, on transactions at places of
30 business located in the redevelopment project area or State
31 Sales Tax Boundary, as the case may be, during the base year
32 which shall be the calendar year immediately prior to the year
33 in which the municipality adopted tax increment allocation
34 financing. For purposes of computing the aggregate amount of

 

 

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

 

 

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

 

 

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1 Increment shall be calculated as follows: By multiplying the
2 Net State Sales Tax Increment by 90% in the State Fiscal Year
3 1999; 80% in the State Fiscal Year 2000; 70% in the State
4 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
5 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
6 in the State Fiscal Year 2005; 20% in the State Fiscal Year
7 2006; and 10% in the State Fiscal Year 2007. No payment shall
8 be made for State Fiscal Year 2008 and thereafter.
9     Municipalities that issued bonds in connection with a
10 redevelopment project in a redevelopment project area within
11 the State Sales Tax Boundary prior to July 29, 1991, or that
12 entered into contracts in connection with a redevelopment
13 project in a redevelopment project area before June 1, 1988,
14 shall continue to receive their proportional share of the
15 Illinois Tax Increment Fund distribution until the date on
16 which the redevelopment project is completed or terminated. If,
17 however, a municipality that issued bonds in connection with a
18 redevelopment project in a redevelopment project area within
19 the State Sales Tax Boundary prior to July 29, 1991 retires the
20 bonds prior to June 30, 2007 or a municipality that entered
21 into contracts in connection with a redevelopment project in a
22 redevelopment project area before June 1, 1988 completes the
23 contracts prior to June 30, 2007, then so long as the
24 redevelopment project is not completed or is not terminated,
25 the Net State Sales Tax Increment shall be calculated,
26 beginning on the date on which the bonds are retired or the
27 contracts are completed, as follows: By multiplying the Net
28 State Sales Tax Increment by 60% in the State Fiscal Year 2002;
29 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
30 2004; 30% in the State Fiscal Year 2005; 20% in the State
31 Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
32 payment shall be made for State Fiscal Year 2008 and
33 thereafter. Refunding of any bonds issued prior to July 29,
34 1991, shall not alter the Net State Sales Tax Increment.

 

 

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1     (j) "State Utility Tax Increment Amount" means an amount
2 equal to the aggregate increase in State electric and gas tax
3 charges imposed on owners and tenants, other than residential
4 customers, of properties located within the redevelopment
5 project area under Section 9-222 of the Public Utilities Act,
6 over and above the aggregate of such charges as certified by
7 the Department of Revenue and paid by owners and tenants, other
8 than residential customers, of properties within the
9 redevelopment project area during the base year, which shall be
10 the calendar year immediately prior to the year of the adoption
11 of the ordinance authorizing tax increment allocation
12 financing.
13     (k) "Net State Utility Tax Increment" means the sum of the
14 following: (a) 80% of the first $100,000 of State Utility Tax
15 Increment annually generated by a redevelopment project area;
16 (b) 60% of the amount in excess of $100,000 but not exceeding
17 $500,000 of the State Utility Tax Increment annually generated
18 by a redevelopment project area; and (c) 40% of all amounts in
19 excess of $500,000 of State Utility Tax Increment annually
20 generated by a redevelopment project area. For the State Fiscal
21 Year 1999, and every year thereafter until the year 2007, for
22 any municipality that has not entered into a contract or has
23 not issued bonds prior to June 1, 1988 to finance redevelopment
24 project costs within a redevelopment project area, the Net
25 State Utility Tax Increment shall be calculated as follows: By
26 multiplying the Net State Utility Tax Increment by 90% in the
27 State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
28 in the State Fiscal Year 2001; 60% in the State Fiscal Year
29 2002; 50% in the State Fiscal Year 2003; 40% in the State
30 Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
31 State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
32 No payment shall be made for the State Fiscal Year 2008 and
33 thereafter.
34     Municipalities that issue bonds in connection with the

 

 

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1 redevelopment project during the period from June 1, 1988 until
2 3 years after the effective date of this Amendatory Act of 1988
3 shall receive the Net State Utility Tax Increment, subject to
4 appropriation, for 15 State Fiscal Years after the issuance of
5 such bonds. For the 16th through the 20th State Fiscal Years
6 after issuance of the bonds, the Net State Utility Tax
7 Increment shall be calculated as follows: By multiplying the
8 Net State Utility Tax Increment by 90% in year 16; 80% in year
9 17; 70% in year 18; 60% in year 19; and 50% in year 20.
10 Refunding of any bonds issued prior to June 1, 1988, shall not
11 alter the revised Net State Utility Tax Increment payments set
12 forth above.
13     (l) "Obligations" mean bonds, loans, debentures, notes,
14 special certificates or other evidence of indebtedness issued
15 by the municipality to carry out a redevelopment project or to
16 refund outstanding obligations.
17     (m) "Payment in lieu of taxes" means those estimated tax
18 revenues from real property in a redevelopment project area
19 derived from real property that has been acquired by a
20 municipality which according to the redevelopment project or
21 plan is to be used for a private use which taxing districts
22 would have received had a municipality not acquired the real
23 property and adopted tax increment allocation financing and
24 which would result from levies made after the time of the
25 adoption of tax increment allocation financing to the time the
26 current equalized value of real property in the redevelopment
27 project area exceeds the total initial equalized value of real
28 property in said area.
29     (n) "Redevelopment plan" means the comprehensive program
30 of the municipality for development or redevelopment intended
31 by the payment of redevelopment project costs to reduce or
32 eliminate those conditions the existence of which qualified the
33 redevelopment project area as a "blighted area" or
34 "conservation area" or combination thereof or "industrial park

 

 

09400SB0837sam002 - 19 - LRB094 04463 HLH 57602 a

1 conservation area," and thereby to enhance the tax bases of the
2 taxing districts which extend into the redevelopment project
3 area. On and after November 1, 1999 (the effective date of
4 Public Act 91-478), no redevelopment plan may be approved or
5 amended that includes the development of vacant land (i) with a
6 golf course and related clubhouse and other facilities or (ii)
7 designated by federal, State, county, or municipal government
8 as public land for outdoor recreational activities or for
9 nature preserves and used for that purpose within 5 years prior
10 to the adoption of the redevelopment plan. For the purpose of
11 this subsection, "recreational activities" is limited to mean
12 camping and hunting. Each redevelopment plan shall set forth in
13 writing the program to be undertaken to accomplish the
14 objectives and shall include but not be limited to:
15         (A) an itemized list of estimated redevelopment
16     project costs;
17         (B) evidence indicating that the redevelopment project
18     area on the whole has not been subject to growth and
19     development through investment by private enterprise;
20         (C) an assessment of any financial impact of the
21     redevelopment project area on or any increased demand for
22     services from any taxing district affected by the plan and
23     any program to address such financial impact or increased
24     demand;
25         (D) the sources of funds to pay costs;
26         (E) the nature and term of the obligations to be
27     issued;
28         (F) the most recent equalized assessed valuation of the
29     redevelopment project area;
30         (G) an estimate as to the equalized assessed valuation
31     after redevelopment and the general land uses to apply in
32     the redevelopment project area;
33         (H) a commitment to fair employment practices and an
34     affirmative action plan;

 

 

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

 

 

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1         (3) The redevelopment plan establishes the estimated
2     dates of completion of the redevelopment project and
3     retirement of obligations issued to finance redevelopment
4     project costs. Those dates: shall not be later than
5     December 31 of the year in which the payment to the
6     municipal treasurer as provided in subsection (b) of
7     Section 11-74.4-8 of this Act is to be made with respect to
8     ad valorem taxes levied in the twenty-third calendar year
9     after the year in which the ordinance approving the
10     redevelopment project area is adopted if the ordinance was
11     adopted on or after January 15, 1981; shall not be later
12     than December 31 of the year in which the payment to the
13     municipal treasurer as provided in subsection (b) of
14     Section 11-74.4-8 of this Act is to be made with respect to
15     ad valorem taxes levied in the thirty-third calendar year
16     after the year in which the ordinance approving the
17     redevelopment project area if the ordinance was adopted on
18     May 20, 1985 by the Village of Wheeling; and shall not be
19     later than December 31 of the year in which the payment to
20     the municipal treasurer as provided in subsection (b) of
21     Section 11-74.4-8 of this Act is to be made with respect to
22     ad valorem taxes levied in the thirty-fifth calendar year
23     after the year in which the ordinance approving the
24     redevelopment project area is adopted:
25             (A) if the ordinance was adopted before January 15,
26         1981, or
27             (B) if the ordinance was adopted in December 1983,
28         April 1984, July 1985, or December 1989, or
29             (C) if the ordinance was adopted in December 1987
30         and the redevelopment project is located within one
31         mile of Midway Airport, or
32             (D) if the ordinance was adopted before January 1,
33         1987 by a municipality in Mason County, or
34             (E) if the municipality is subject to the Local

 

 

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

 

 

09400SB0837sam002 - 23 - LRB094 04463 HLH 57602 a

1             (R) if the ordinance was adopted on February 5,
2         1990 by the City of Clinton, or
3             (S) if the ordinance was adopted on September 6,
4         1994 by the City of Freeport, or
5             (T) if the ordinance was adopted on December 22,
6         1986 by the City of Tuscola, or
7             (U) if the ordinance was adopted on December 23,
8         1986 by the City of Sparta, or
9             (V) if the ordinance was adopted on December 23,
10         1986 by the City of Beardstown, or
11             (W) if the ordinance was adopted on April 27, 1981,
12         October 21, 1985, or December 30, 1986 by the City of
13         Belleville, or
14             (X) if the ordinance was adopted on December 29,
15         1986 by the City of Collinsville, or
16             (Y) if the ordinance was adopted on September 14,
17         1994 by the City of Alton, or
18             (Z) if the ordinance was adopted on November 11,
19         1996 by the City of Lexington, or
20             (AA) if the ordinance was adopted on November 5,
21         1984 by the City of LeRoy, or
22             (BB) if the ordinance was adopted on April 3, 1991
23         or June 3, 1992 by the City of Markham, or
24             (CC) if the ordinance was adopted on November 11,
25         1986 by the City of Pekin, or
26             (DD) if the ordinance was adopted on December 15,
27         1981 by the City of Champaign, or
28             (EE) if the ordinance was adopted on December 15,
29         1986 by the City of Urbana, or
30             (FF) if the ordinance was adopted on December 15,
31         1986 by the Village of Heyworth, or
32             (GG) if the ordinance was adopted on February 24,
33         1992 by the Village of Heyworth, or
34             (HH) if the ordinance was adopted on March 16, 1995

 

 

09400SB0837sam002 - 24 - LRB094 04463 HLH 57602 a

1         by the Village of Heyworth, or
2             (II) if the ordinance was adopted on December 23,
3         1986 by the Town of Cicero, or
4             (JJ) if the ordinance was adopted on December 30,
5         1986 by the City of Effingham, or
6             (KK) if the ordinance was adopted on May 9, 1991 by
7         the Village of Tilton, or
8             (LL) if the ordinance was adopted on October 20,
9         1986 by the City of Elmhurst, or
10             (MM) if the ordinance was adopted on January 19,
11         1988 by the City of Waukegan, or
12             (NN) if the ordinance was adopted on September 21,
13         1998 by the City of Waukegan, or
14             (OO) if the ordinance was adopted on December 31,
15         1986 by the City of Sullivan, or
16             (PP) if the ordinance was adopted on December 23,
17         1991 by the City of Sullivan, or .
18             (QQ) (OO) if the ordinance was adopted on December
19         31, 1986 by the City of Oglesby, or .
20             (RR) (OO) if the ordinance was adopted on July 28,
21         1987 by the City of Marion, or
22             (SS) (PP) if the ordinance was adopted on April 23,
23         1990 by the City of Marion, or
24             (TT) if the ordinance was adopted on December 29,
25         1986 by the Village of Gardner.
26         However, for redevelopment project areas for which
27     bonds were issued before July 29, 1991, or for which
28     contracts were entered into before June 1, 1988, in
29     connection with a redevelopment project in the area within
30     the State Sales Tax Boundary, the estimated dates of
31     completion of the redevelopment project and retirement of
32     obligations to finance redevelopment project costs may be
33     extended by municipal ordinance to December 31, 2013. The
34     termination procedures of subsection (b) of Section

 

 

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1     11-74.4-8 are not required for these redevelopment project
2     areas in 2009 but are required in 2013. The extension
3     allowed by this amendatory Act of 1993 shall not apply to
4     real property tax increment allocation financing under
5     Section 11-74.4-8.
6         A municipality may by municipal ordinance amend an
7     existing redevelopment plan to conform to this paragraph
8     (3) as amended by Public Act 91-478, which municipal
9     ordinance may be adopted without further hearing or notice
10     and without complying with the procedures provided in this
11     Act pertaining to an amendment to or the initial approval
12     of a redevelopment plan and project and designation of a
13     redevelopment project area.
14         Those dates, for purposes of real property tax
15     increment allocation financing pursuant to Section
16     11-74.4-8 only, shall be not more than 35 years for
17     redevelopment project areas that were adopted on or after
18     December 16, 1986 and for which at least $8 million worth
19     of municipal bonds were authorized on or after December 19,
20     1989 but before January 1, 1990; provided that the
21     municipality elects to extend the life of the redevelopment
22     project area to 35 years by the adoption of an ordinance
23     after at least 14 but not more than 30 days' written notice
24     to the taxing bodies, that would otherwise constitute the
25     joint review board for the redevelopment project area,
26     before the adoption of the ordinance.
27         Those dates, for purposes of real property tax
28     increment allocation financing pursuant to Section
29     11-74.4-8 only, shall be not more than 35 years for
30     redevelopment project areas that were established on or
31     after December 1, 1981 but before January 1, 1982 and for
32     which at least $1,500,000 worth of tax increment revenue
33     bonds were authorized on or after September 30, 1990 but
34     before July 1, 1991; provided that the municipality elects

 

 

09400SB0837sam002 - 26 - LRB094 04463 HLH 57602 a

1     to extend the life of the redevelopment project area to 35
2     years by the adoption of an ordinance after at least 14 but
3     not more than 30 days' written notice to the taxing bodies,
4     that would otherwise constitute the joint review board for
5     the redevelopment project area, before the adoption of the
6     ordinance.
7         (3.5) The municipality finds, in the case of an
8     industrial park conservation area, also that the
9     municipality is a labor surplus municipality and that the
10     implementation of the redevelopment plan will reduce
11     unemployment, create new jobs and by the provision of new
12     facilities enhance the tax base of the taxing districts
13     that extend into the redevelopment project area.
14         (4) If any incremental revenues are being utilized
15     under Section 8(a)(1) or 8(a)(2) of this Act in
16     redevelopment project areas approved by ordinance after
17     January 1, 1986, the municipality finds: (a) that the
18     redevelopment project area would not reasonably be
19     developed without the use of such incremental revenues, and
20     (b) that such incremental revenues will be exclusively
21     utilized for the development of the redevelopment project
22     area.
23         (5) If the redevelopment plan will not result in
24     displacement of residents from 10 or more inhabited
25     residential units, and the municipality certifies in the
26     plan that such displacement will not result from the plan,
27     a housing impact study need not be performed. If, however,
28     the redevelopment plan would result in the displacement of
29     residents from 10 or more inhabited residential units, or
30     if the redevelopment project area contains 75 or more
31     inhabited residential units and no certification is made,
32     then the municipality shall prepare, as part of the
33     separate feasibility report required by subsection (a) of
34     Section 11-74.4-5, a housing impact study.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         districts, and foundation districts with a district
2         average 1995-96 Per Capita Tuition Charge equal to or
3         more than $5,900, excluding any school district with a
4         population in excess of 1,000,000, by multiplying the
5         district's increase in attendance resulting from the
6         net increase in new students enrolled in that school
7         district who reside in housing units within the
8         redevelopment project area that have received
9         financial assistance through an agreement with the
10         municipality or because the municipality incurs the
11         cost of necessary infrastructure improvements within
12         the boundaries of the housing sites necessary for the
13         completion of that housing as authorized by this Act
14         since the designation of the redevelopment project
15         area by the most recently available per capita tuition
16         cost as defined in Section 10-20.12a of the School Code
17         less any increase in general state aid as defined in
18         Section 18-8.05 of the School Code attributable to
19         these added new students subject to the following
20         annual limitations:
21                 (i) for unit school districts, no more than 40%
22             of the total amount of property tax increment
23             revenue produced by those housing units that have
24             received tax increment finance assistance under
25             this Act;
26                 (ii) for elementary school districts, no more
27             than 27% of the total amount of property tax
28             increment revenue produced by those housing units
29             that have received tax increment finance
30             assistance under this Act; and
31                 (iii) for secondary school districts, no more
32             than 13% of the total amount of property tax
33             increment revenue produced by those housing units
34             that have received tax increment finance

 

 

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1             assistance under this Act.
2             (C) For any school district in a municipality with
3         a population in excess of 1,000,000, the following
4         restrictions shall apply to the reimbursement of
5         increased costs under this paragraph (7.5):
6                 (i) no increased costs shall be reimbursed
7             unless the school district certifies that each of
8             the schools affected by the assisted housing
9             project is at or over its student capacity;
10                 (ii) the amount reimbursable shall be reduced
11             by the value of any land donated to the school
12             district by the municipality or developer, and by
13             the value of any physical improvements made to the
14             schools by the municipality or developer; and
15                 (iii) the amount reimbursed may not affect
16             amounts otherwise obligated by the terms of any
17             bonds, notes, or other funding instruments, or the
18             terms of any redevelopment agreement.
19         Any school district seeking payment under this
20         paragraph (7.5) shall, after July 1 and before
21         September 30 of each year, provide the municipality
22         with reasonable evidence to support its claim for
23         reimbursement before the municipality shall be
24         required to approve or make the payment to the school
25         district. If the school district fails to provide the
26         information during this period in any year, it shall
27         forfeit any claim to reimbursement for that year.
28         School districts may adopt a resolution waiving the
29         right to all or a portion of the reimbursement
30         otherwise required by this paragraph (7.5). By
31         acceptance of this reimbursement the school district
32         waives the right to directly or indirectly set aside,
33         modify, or contest in any manner the establishment of
34         the redevelopment project area or projects;

 

 

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1         (7.7) For redevelopment project areas designated (or
2     redevelopment project areas amended to add or increase the
3     number of tax-increment-financing assisted housing units)
4     on or after January 1, 2005 (the effective date of Public
5     Act 93-961), a public library district's increased costs
6     attributable to assisted housing units located within the
7     redevelopment project area for which the developer or
8     redeveloper receives financial assistance through an
9     agreement with the municipality or because the
10     municipality incurs the cost of necessary infrastructure
11     improvements within the boundaries of the assisted housing
12     sites necessary for the completion of that housing as
13     authorized by this Act shall be paid to the library
14     district by the municipality from the Special Tax
15     Allocation Fund when the tax increment revenue is received
16     as a result of the assisted housing units. This paragraph
17     (7.7) applies only if (i) the library district is located
18     in a county that is subject to the Property Tax Extension
19     Limitation Law or (ii) the library district is not located
20     in a county that is subject to the Property Tax Extension
21     Limitation Law but the district is prohibited by any other
22     law from increasing its tax levy rate without a prior voter
23     referendum.
24         The amount paid to a library district under this
25     paragraph (7.7) shall be calculated by multiplying (i) the
26     net increase in the number of persons eligible to obtain a
27     library card in that district who reside in housing units
28     within the redevelopment project area that have received
29     financial assistance through an agreement with the
30     municipality or because the municipality incurs the cost of
31     necessary infrastructure improvements within the
32     boundaries of the housing sites necessary for the
33     completion of that housing as authorized by this Act since
34     the designation of the redevelopment project area by (ii)

 

 

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1     the per-patron cost of providing library services so long
2     as it does not exceed $120. The per-patron cost shall be
3     the Total Operating Expenditures Per Capita as stated in
4     the most recent Illinois Public Library Statistics
5     produced by the Library Research Center at the University
6     of Illinois. The municipality may deduct from the amount
7     that it must pay to a library district under this paragraph
8     any amount that it has voluntarily paid to the library
9     district from the tax increment revenue. The amount paid to
10     a library district under this paragraph (7.7) shall be no
11     more than 2% of the amount produced by the assisted housing
12     units and deposited into the Special Tax Allocation Fund.
13         A library district is not eligible for any payment
14     under this paragraph (7.7) unless the library district has
15     experienced an increase in the number of patrons from the
16     municipality that created the tax-increment-financing
17     district since the designation of the redevelopment
18     project area.
19         Any library district seeking payment under this
20     paragraph (7.7) shall, after July 1 and before September 30
21     of each year, provide the municipality with convincing
22     evidence to support its claim for reimbursement before the
23     municipality shall be required to approve or make the
24     payment to the library district. If the library district
25     fails to provide the information during this period in any
26     year, it shall forfeit any claim to reimbursement for that
27     year. Library districts may adopt a resolution waiving the
28     right to all or a portion of the reimbursement otherwise
29     required by this paragraph (7.7). By acceptance of such
30     reimbursement, the library district shall forfeit any
31     right to directly or indirectly set aside, modify, or
32     contest in any manner whatsoever the establishment of the
33     redevelopment project area or projects;
34         (8) Relocation costs to the extent that a municipality

 

 

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1     determines that relocation costs shall be paid or is
2     required to make payment of relocation costs by federal or
3     State law or in order to satisfy subparagraph (7) of
4     subsection (n);
5         (9) Payment in lieu of taxes;
6         (10) Costs of job training, retraining, advanced
7     vocational education or career education, including but
8     not limited to courses in occupational, semi-technical or
9     technical fields leading directly to employment, incurred
10     by one or more taxing districts, provided that such costs
11     (i) are related to the establishment and maintenance of
12     additional job training, advanced vocational education or
13     career education programs for persons employed or to be
14     employed by employers located in a redevelopment project
15     area; and (ii) when incurred by a taxing district or taxing
16     districts other than the municipality, are set forth in a
17     written agreement by or among the municipality and the
18     taxing district or taxing districts, which agreement
19     describes the program to be undertaken, including but not
20     limited to the number of employees to be trained, a
21     description of the training and services to be provided,
22     the number and type of positions available or to be
23     available, itemized costs of the program and sources of
24     funds to pay for the same, and the term of the agreement.
25     Such costs include, specifically, the payment by community
26     college districts of costs pursuant to Sections 3-37, 3-38,
27     3-40 and 3-40.1 of the Public Community College Act and by
28     school districts of costs pursuant to Sections 10-22.20a
29     and 10-23.3a of The School Code;
30         (11) Interest cost incurred by a redeveloper related to
31     the construction, renovation or rehabilitation of a
32     redevelopment project provided that:
33             (A) such costs are to be paid directly from the
34         special tax allocation fund established pursuant to

 

 

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1         this Act;
2             (B) such payments in any one year may not exceed
3         30% of the annual interest costs incurred by the
4         redeveloper with regard to the redevelopment project
5         during that year;
6             (C) if there are not sufficient funds available in
7         the special tax allocation fund to make the payment
8         pursuant to this paragraph (11) then the amounts so due
9         shall accrue and be payable when sufficient funds are
10         available in the special tax allocation fund;
11             (D) the total of such interest payments paid
12         pursuant to this Act may not exceed 30% of the total
13         (i) cost paid or incurred by the redeveloper for the
14         redevelopment project plus (ii) redevelopment project
15         costs excluding any property assembly costs and any
16         relocation costs incurred by a municipality pursuant
17         to this Act; and
18             (E) the cost limits set forth in subparagraphs (B)
19         and (D) of paragraph (11) shall be modified for the
20         financing of rehabilitated or new housing units for
21         low-income households and very low-income households,
22         as defined in Section 3 of the Illinois Affordable
23         Housing Act. The percentage of 75% shall be substituted
24         for 30% in subparagraphs (B) and (D) of paragraph (11).
25             (F) Instead of the eligible costs provided by
26         subparagraphs (B) and (D) of paragraph (11), as
27         modified by this subparagraph, and notwithstanding any
28         other provisions of this Act to the contrary, the
29         municipality may pay from tax increment revenues up to
30         50% of the cost of construction of new housing units to
31         be occupied by low-income households and very
32         low-income households as defined in Section 3 of the
33         Illinois Affordable Housing Act. The cost of
34         construction of those units may be derived from the

 

 

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1         proceeds of bonds issued by the municipality under this
2         Act or other constitutional or statutory authority or
3         from other sources of municipal revenue that may be
4         reimbursed from tax increment revenues or the proceeds
5         of bonds issued to finance the construction of that
6         housing.
7             The eligible costs provided under this
8         subparagraph (F) of paragraph (11) shall be an eligible
9         cost for the construction, renovation, and
10         rehabilitation of all low and very low-income housing
11         units, as defined in Section 3 of the Illinois
12         Affordable Housing Act, within the redevelopment
13         project area. If the low and very low-income units are
14         part of a residential redevelopment project that
15         includes units not affordable to low and very
16         low-income households, only the low and very
17         low-income units shall be eligible for benefits under
18         subparagraph (F) of paragraph (11). The standards for
19         maintaining the occupancy by low-income households and
20         very low-income households, as defined in Section 3 of
21         the Illinois Affordable Housing Act, of those units
22         constructed with eligible costs made available under
23         the provisions of this subparagraph (F) of paragraph
24         (11) shall be established by guidelines adopted by the
25         municipality. The responsibility for annually
26         documenting the initial occupancy of the units by
27         low-income households and very low-income households,
28         as defined in Section 3 of the Illinois Affordable
29         Housing Act, shall be that of the then current owner of
30         the property. For ownership units, the guidelines will
31         provide, at a minimum, for a reasonable recapture of
32         funds, or other appropriate methods designed to
33         preserve the original affordability of the ownership
34         units. For rental units, the guidelines will provide,

 

 

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1         at a minimum, for the affordability of rent to low and
2         very low-income households. As units become available,
3         they shall be rented to income-eligible tenants. The
4         municipality may modify these guidelines from time to
5         time; the guidelines, however, shall be in effect for
6         as long as tax increment revenue is being used to pay
7         for costs associated with the units or for the
8         retirement of bonds issued to finance the units or for
9         the life of the redevelopment project area, whichever
10         is later.
11         (11.5) If the redevelopment project area is located
12     within a municipality with a population of more than
13     100,000, the cost of day care services for children of
14     employees from low-income families working for businesses
15     located within the redevelopment project area and all or a
16     portion of the cost of operation of day care centers
17     established by redevelopment project area businesses to
18     serve employees from low-income families working in
19     businesses located in the redevelopment project area. For
20     the purposes of this paragraph, "low-income families"
21     means families whose annual income does not exceed 80% of
22     the municipal, county, or regional median income, adjusted
23     for family size, as the annual income and municipal,
24     county, or regional median income are determined from time
25     to time by the United States Department of Housing and
26     Urban Development.
27         (12) Unless explicitly stated herein the cost of
28     construction of new privately-owned buildings shall not be
29     an eligible redevelopment project cost.
30         (13) After November 1, 1999 (the effective date of
31     Public Act 91-478), none of the redevelopment project costs
32     enumerated in this subsection shall be eligible
33     redevelopment project costs if those costs would provide
34     direct financial support to a retail entity initiating

 

 

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1     operations in the redevelopment project area while
2     terminating operations at another Illinois location within
3     10 miles of the redevelopment project area but outside the
4     boundaries of the redevelopment project area municipality.
5     For purposes of this paragraph, termination means a closing
6     of a retail operation that is directly related to the
7     opening of the same operation or like retail entity owned
8     or operated by more than 50% of the original ownership in a
9     redevelopment project area, but it does not mean closing an
10     operation for reasons beyond the control of the retail
11     entity, as documented by the retail entity, subject to a
12     reasonable finding by the municipality that the current
13     location contained inadequate space, had become
14     economically obsolete, or was no longer a viable location
15     for the retailer or serviceman.
16     If a special service area has been established pursuant to
17 the Special Service Area Tax Act or Special Service Area Tax
18 Law, then any tax increment revenues derived from the tax
19 imposed pursuant to the Special Service Area Tax Act or Special
20 Service Area Tax Law may be used within the redevelopment
21 project area for the purposes permitted by that Act or Law as
22 well as the purposes permitted by this Act.
23     (r) "State Sales Tax Boundary" means the redevelopment
24 project area or the amended redevelopment project area
25 boundaries which are determined pursuant to subsection (9) of
26 Section 11-74.4-8a of this Act. The Department of Revenue shall
27 certify pursuant to subsection (9) of Section 11-74.4-8a the
28 appropriate boundaries eligible for the determination of State
29 Sales Tax Increment.
30     (s) "State Sales Tax Increment" means an amount equal to
31 the increase in the aggregate amount of taxes paid by retailers
32 and servicemen, other than retailers and servicemen subject to
33 the Public Utilities Act, on transactions at places of business
34 located within a State Sales Tax Boundary pursuant to the

 

 

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1 Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
2 Tax Act, and the Service Occupation Tax Act, except such
3 portion of such increase that is paid into the State and Local
4 Sales Tax Reform Fund, the Local Government Distributive Fund,
5 the Local Government Tax Fund and the County and Mass Transit
6 District Fund, for as long as State participation exists, over
7 and above the Initial Sales Tax Amounts, Adjusted Initial Sales
8 Tax Amounts or the Revised Initial Sales Tax Amounts for such
9 taxes as certified by the Department of Revenue and paid under
10 those Acts by retailers and servicemen on transactions at
11 places of business located within the State Sales Tax Boundary
12 during the base year which shall be the calendar year
13 immediately prior to the year in which the municipality adopted
14 tax increment allocation financing, less 3.0% of such amounts
15 generated under the Retailers' Occupation Tax Act, Use Tax Act
16 and Service Use Tax Act and the Service Occupation Tax Act,
17 which sum shall be appropriated to the Department of Revenue to
18 cover its costs of administering and enforcing this Section.
19 For purposes of computing the aggregate amount of such taxes
20 for base years occurring prior to 1985, the Department of
21 Revenue shall compute the Initial Sales Tax Amount for such
22 taxes and deduct therefrom an amount equal to 4% of the
23 aggregate amount of taxes per year for each year the base year
24 is prior to 1985, but not to exceed a total deduction of 12%.
25 The amount so determined shall be known as the "Adjusted
26 Initial Sales Tax Amount". For purposes of determining the
27 State Sales Tax Increment the Department of Revenue shall for
28 each period subtract from the tax amounts received from
29 retailers and servicemen on transactions located in the State
30 Sales Tax Boundary, the certified Initial Sales Tax Amounts,
31 Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
32 Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
33 the Service Use Tax Act and the Service Occupation Tax Act. For
34 the State Fiscal Year 1989 this calculation shall be made by

 

 

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1 utilizing the calendar year 1987 to determine the tax amounts
2 received. For the State Fiscal Year 1990, this calculation
3 shall be made by utilizing the period from January 1, 1988,
4 until September 30, 1988, to determine the tax amounts received
5 from retailers and servicemen, which shall have deducted
6 therefrom nine-twelfths of the certified Initial Sales Tax
7 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
8 Initial Sales Tax Amounts as appropriate. For the State Fiscal
9 Year 1991, this calculation shall be made by utilizing the
10 period from October 1, 1988, until June 30, 1989, to determine
11 the tax amounts received from retailers and servicemen, which
12 shall have deducted therefrom nine-twelfths of the certified
13 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
14 Amounts or the Revised Initial Sales Tax Amounts as
15 appropriate. For every State Fiscal Year thereafter, the
16 applicable period shall be the 12 months beginning July 1 and
17 ending on June 30, to determine the tax amounts received which
18 shall have deducted therefrom the certified Initial Sales Tax
19 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
20 Initial Sales Tax Amounts. Municipalities intending to receive
21 a distribution of State Sales Tax Increment must report a list
22 of retailers to the Department of Revenue by October 31, 1988
23 and by July 31, of each year thereafter.
24     (t) "Taxing districts" means counties, townships, cities
25 and incorporated towns and villages, school, road, park,
26 sanitary, mosquito abatement, forest preserve, public health,
27 fire protection, river conservancy, tuberculosis sanitarium
28 and any other municipal corporations or districts with the
29 power to levy taxes.
30     (u) "Taxing districts' capital costs" means those costs of
31 taxing districts for capital improvements that are found by the
32 municipal corporate authorities to be necessary and directly
33 result from the redevelopment project.
34     (v) As used in subsection (a) of Section 11-74.4-3 of this

 

 

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1 Act, "vacant land" means any parcel or combination of parcels
2 of real property without industrial, commercial, and
3 residential buildings which has not been used for commercial
4 agricultural purposes within 5 years prior to the designation
5 of the redevelopment project area, unless the parcel is
6 included in an industrial park conservation area or the parcel
7 has been subdivided; provided that if the parcel was part of a
8 larger tract that has been divided into 3 or more smaller
9 tracts that were accepted for recording during the period from
10 1950 to 1990, then the parcel shall be deemed to have been
11 subdivided, and all proceedings and actions of the municipality
12 taken in that connection with respect to any previously
13 approved or designated redevelopment project area or amended
14 redevelopment project area are hereby validated and hereby
15 declared to be legally sufficient for all purposes of this Act.
16 For purposes of this Section and only for land subject to the
17 subdivision requirements of the Plat Act, land is subdivided
18 when the original plat of the proposed Redevelopment Project
19 Area or relevant portion thereof has been properly certified,
20 acknowledged, approved, and recorded or filed in accordance
21 with the Plat Act and a preliminary plat, if any, for any
22 subsequent phases of the proposed Redevelopment Project Area or
23 relevant portion thereof has been properly approved and filed
24 in accordance with the applicable ordinance of the
25 municipality.
26     (w) "Annual Total Increment" means the sum of each
27 municipality's annual Net Sales Tax Increment and each
28 municipality's annual Net Utility Tax Increment. The ratio of
29 the Annual Total Increment of each municipality to the Annual
30 Total Increment for all municipalities, as most recently
31 calculated by the Department, shall determine the proportional
32 shares of the Illinois Tax Increment Fund to be distributed to
33 each municipality.
34 (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05;

 

 

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1 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-961, eff.
2 1-1-05; 93-983, eff. 8-23-04; 93-984, eff. 8-23-04; 93-985,
3 eff. 8-23-04; 93-986, eff. 8-23-04; 93-987, eff. 8-23-04;
4 93-995, eff. 8-23-04; 93-1024, eff. 8-25-04; 93-1076, eff.
5 1-18-05; 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; 94-297,
6 eff. 7-21-05; 94-302, eff. 7-21-05; 94-704, eff. 12-5-05;
7 revised 12-9-05.)
 
8     (Text of Section after amendment by P.A. 94-702 and 94-711)
9     Sec. 11-74.4-3. Definitions. The following terms, wherever
10 used or referred to in this Division 74.4 shall have the
11 following respective meanings, unless in any case a different
12 meaning clearly appears from the context.
13     (a) For any redevelopment project area that has been
14 designated pursuant to this Section by an ordinance adopted
15 prior to November 1, 1999 (the effective date of Public Act
16 91-478), "blighted area" shall have the meaning set forth in
17 this Section prior to that date.
18     On and after November 1, 1999, "blighted area" means any
19 improved or vacant area within the boundaries of a
20 redevelopment project area located within the territorial
21 limits of the municipality where:
22         (1) If improved, industrial, commercial, and
23     residential buildings or improvements are detrimental to
24     the public safety, health, or welfare because of a
25     combination of 5 or more of the following factors, each of
26     which is (i) present, with that presence documented, to a
27     meaningful extent so that a municipality may reasonably
28     find that the factor is clearly present within the intent
29     of the Act and (ii) reasonably distributed throughout the
30     improved part of the redevelopment project area:
31             (A) Dilapidation. An advanced state of disrepair
32         or neglect of necessary repairs to the primary
33         structural components of buildings or improvements in

 

 

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1         such a combination that a documented building
2         condition analysis determines that major repair is
3         required or the defects are so serious and so extensive
4         that the buildings must be removed.
5             (B) Obsolescence. The condition or process of
6         falling into disuse. Structures have become ill-suited
7         for the original use.
8             (C) Deterioration. With respect to buildings,
9         defects including, but not limited to, major defects in
10         the secondary building components such as doors,
11         windows, porches, gutters and downspouts, and fascia.
12         With respect to surface improvements, that the
13         condition of roadways, alleys, curbs, gutters,
14         sidewalks, off-street parking, and surface storage
15         areas evidence deterioration, including, but not
16         limited to, surface cracking, crumbling, potholes,
17         depressions, loose paving material, and weeds
18         protruding through paved surfaces.
19             (D) Presence of structures below minimum code
20         standards. All structures that do not meet the
21         standards of zoning, subdivision, building, fire, and
22         other governmental codes applicable to property, but
23         not including housing and property maintenance codes.
24             (E) Illegal use of individual structures. The use
25         of structures in violation of applicable federal,
26         State, or local laws, exclusive of those applicable to
27         the presence of structures below minimum code
28         standards.
29             (F) Excessive vacancies. The presence of buildings
30         that are unoccupied or under-utilized and that
31         represent an adverse influence on the area because of
32         the frequency, extent, or duration of the vacancies.
33             (G) Lack of ventilation, light, or sanitary
34         facilities. The absence of adequate ventilation for

 

 

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

 

 

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

 

 

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1         other evidence demonstrating an absence of effective
2         community planning.
3             (M) The total equalized assessed value of the
4         proposed redevelopment project area has declined for 3
5         of the last 5 calendar years prior to the year in which
6         the redevelopment project area is designated or is
7         increasing at an annual rate that is less than the
8         balance of the municipality for 3 of the last 5
9         calendar years for which information is available or is
10         increasing at an annual rate that is less than the
11         Consumer Price Index for All Urban Consumers published
12         by the United States Department of Labor or successor
13         agency for 3 of the last 5 calendar years prior to the
14         year in which the redevelopment project area is
15         designated.
16         (2) If vacant, the sound growth of the redevelopment
17     project area is impaired by a combination of 2 or more of
18     the following factors, each of which is (i) present, with
19     that presence documented, to a meaningful extent so that a
20     municipality may reasonably find that the factor is clearly
21     present within the intent of the Act and (ii) reasonably
22     distributed throughout the vacant part of the
23     redevelopment project area to which it pertains:
24             (A) Obsolete platting of vacant land that results
25         in parcels of limited or narrow size or configurations
26         of parcels of irregular size or shape that would be
27         difficult to develop on a planned basis and in a manner
28         compatible with contemporary standards and
29         requirements, or platting that failed to create
30         rights-of-ways for streets or alleys or that created
31         inadequate right-of-way widths for streets, alleys, or
32         other public rights-of-way or that omitted easements
33         for public utilities.
34             (B) Diversity of ownership of parcels of vacant

 

 

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1         land sufficient in number to retard or impede the
2         ability to assemble the land for development.
3             (C) Tax and special assessment delinquencies exist
4         or the property has been the subject of tax sales under
5         the Property Tax Code within the last 5 years.
6             (D) Deterioration of structures or site
7         improvements in neighboring areas adjacent to the
8         vacant land.
9             (E) The area has incurred Illinois Environmental
10         Protection Agency or United States Environmental
11         Protection Agency remediation costs for, or a study
12         conducted by an independent consultant recognized as
13         having expertise in environmental remediation has
14         determined a need for, the clean-up of hazardous waste,
15         hazardous substances, or underground storage tanks
16         required by State or federal law, provided that the
17         remediation costs constitute a material impediment to
18         the development or redevelopment of the redevelopment
19         project area.
20             (F) The total equalized assessed value of the
21         proposed redevelopment project area has declined for 3
22         of the last 5 calendar years prior to the year in which
23         the redevelopment project area is designated or is
24         increasing at an annual rate that is less than the
25         balance of the municipality for 3 of the last 5
26         calendar years for which information is available or is
27         increasing at an annual rate that is less than the
28         Consumer Price Index for All Urban Consumers published
29         by the United States Department of Labor or successor
30         agency for 3 of the last 5 calendar years prior to the
31         year in which the redevelopment project area is
32         designated.
33         (3) If vacant, the sound growth of the redevelopment
34     project area is impaired by one of the following factors

 

 

09400SB0837sam002 - 52 - LRB094 04463 HLH 57602 a

1     that (i) is present, with that presence documented, to a
2     meaningful extent so that a municipality may reasonably
3     find that the factor is clearly present within the intent
4     of the Act and (ii) is reasonably distributed throughout
5     the vacant part of the redevelopment project area to which
6     it pertains:
7             (A) The area consists of one or more unused
8         quarries, mines, or strip mine ponds.
9             (B) The area consists of unused rail yards, rail
10         tracks, or railroad rights-of-way.
11             (C) The area, prior to its designation, is subject
12         to (i) chronic flooding that adversely impacts on real
13         property in the area as certified by a registered
14         professional engineer or appropriate regulatory agency
15         or (ii) surface water that discharges from all or a
16         part of the area and contributes to flooding within the
17         same watershed, but only if the redevelopment project
18         provides for facilities or improvements to contribute
19         to the alleviation of all or part of the flooding.
20             (D) The area consists of an unused or illegal
21         disposal site containing earth, stone, building
22         debris, or similar materials that were removed from
23         construction, demolition, excavation, or dredge sites.
24             (E) Prior to November 1, 1999, the area is not less
25         than 50 nor more than 100 acres and 75% of which is
26         vacant (notwithstanding that the area has been used for
27         commercial agricultural purposes within 5 years prior
28         to the designation of the redevelopment project area),
29         and the area meets at least one of the factors itemized
30         in paragraph (1) of this subsection, the area has been
31         designated as a town or village center by ordinance or
32         comprehensive plan adopted prior to January 1, 1982,
33         and the area has not been developed for that designated
34         purpose.

 

 

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1             (F) The area qualified as a blighted improved area
2         immediately prior to becoming vacant, unless there has
3         been substantial private investment in the immediately
4         surrounding area.
5     (b) For any redevelopment project area that has been
6 designated pursuant to this Section by an ordinance adopted
7 prior to November 1, 1999 (the effective date of Public Act
8 91-478), "conservation area" shall have the meaning set forth
9 in this Section prior to that date.
10     On and after November 1, 1999, "conservation area" means
11 any improved area within the boundaries of a redevelopment
12 project area located within the territorial limits of the
13 municipality in which 50% or more of the structures in the area
14 have an age of 35 years or more. Such an area is not yet a
15 blighted area but because of a combination of 3 or more of the
16 following factors is detrimental to the public safety, health,
17 morals or welfare and such an area may become a blighted area:
18         (1) Dilapidation. An advanced state of disrepair or
19     neglect of necessary repairs to the primary structural
20     components of buildings or improvements in such a
21     combination that a documented building condition analysis
22     determines that major repair is required or the defects are
23     so serious and so extensive that the buildings must be
24     removed.
25         (2) Obsolescence. The condition or process of falling
26     into disuse. Structures have become ill-suited for the
27     original use.
28         (3) Deterioration. With respect to buildings, defects
29     including, but not limited to, major defects in the
30     secondary building components such as doors, windows,
31     porches, gutters and downspouts, and fascia. With respect
32     to surface improvements, that the condition of roadways,
33     alleys, curbs, gutters, sidewalks, off-street parking, and
34     surface storage areas evidence deterioration, including,

 

 

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1     but not limited to, surface cracking, crumbling, potholes,
2     depressions, loose paving material, and weeds protruding
3     through paved surfaces.
4         (4) Presence of structures below minimum code
5     standards. All structures that do not meet the standards of
6     zoning, subdivision, building, fire, and other
7     governmental codes applicable to property, but not
8     including housing and property maintenance codes.
9         (5) Illegal use of individual structures. The use of
10     structures in violation of applicable federal, State, or
11     local laws, exclusive of those applicable to the presence
12     of structures below minimum code standards.
13         (6) Excessive vacancies. The presence of buildings
14     that are unoccupied or under-utilized and that represent an
15     adverse influence on the area because of the frequency,
16     extent, or duration of the vacancies.
17         (7) Lack of ventilation, light, or sanitary
18     facilities. The absence of adequate ventilation for light
19     or air circulation in spaces or rooms without windows, or
20     that require the removal of dust, odor, gas, smoke, or
21     other noxious airborne materials. Inadequate natural light
22     and ventilation means the absence or inadequacy of
23     skylights or windows for interior spaces or rooms and
24     improper window sizes and amounts by room area to window
25     area ratios. Inadequate sanitary facilities refers to the
26     absence or inadequacy of garbage storage and enclosure,
27     bathroom facilities, hot water and kitchens, and
28     structural inadequacies preventing ingress and egress to
29     and from all rooms and units within a building.
30         (8) Inadequate utilities. Underground and overhead
31     utilities such as storm sewers and storm drainage, sanitary
32     sewers, water lines, and gas, telephone, and electrical
33     services that are shown to be inadequate. Inadequate
34     utilities are those that are: (i) of insufficient capacity

 

 

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1     to serve the uses in the redevelopment project area, (ii)
2     deteriorated, antiquated, obsolete, or in disrepair, or
3     (iii) lacking within the redevelopment project area.
4         (9) Excessive land coverage and overcrowding of
5     structures and community facilities. The over-intensive
6     use of property and the crowding of buildings and accessory
7     facilities onto a site. Examples of problem conditions
8     warranting the designation of an area as one exhibiting
9     excessive land coverage are: the presence of buildings
10     either improperly situated on parcels or located on parcels
11     of inadequate size and shape in relation to present-day
12     standards of development for health and safety and the
13     presence of multiple buildings on a single parcel. For
14     there to be a finding of excessive land coverage, these
15     parcels must exhibit one or more of the following
16     conditions: insufficient provision for light and air
17     within or around buildings, increased threat of spread of
18     fire due to the close proximity of buildings, lack of
19     adequate or proper access to a public right-of-way, lack of
20     reasonably required off-street parking, or inadequate
21     provision for loading and service.
22         (10) Deleterious land use or layout. The existence of
23     incompatible land-use relationships, buildings occupied by
24     inappropriate mixed-uses, or uses considered to be
25     noxious, offensive, or unsuitable for the surrounding
26     area.
27         (11) Lack of community planning. The proposed
28     redevelopment project area was developed prior to or
29     without the benefit or guidance of a community plan. This
30     means that the development occurred prior to the adoption
31     by the municipality of a comprehensive or other community
32     plan or that the plan was not followed at the time of the
33     area's development. This factor must be documented by
34     evidence of adverse or incompatible land-use

 

 

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1     relationships, inadequate street layout, improper
2     subdivision, parcels of inadequate shape and size to meet
3     contemporary development standards, or other evidence
4     demonstrating an absence of effective community planning.
5         (12) The area has incurred Illinois Environmental
6     Protection Agency or United States Environmental
7     Protection Agency remediation costs for, or a study
8     conducted by an independent consultant recognized as
9     having expertise in environmental remediation has
10     determined a need for, the clean-up of hazardous waste,
11     hazardous substances, or underground storage tanks
12     required by State or federal law, provided that the
13     remediation costs constitute a material impediment to the
14     development or redevelopment of the redevelopment project
15     area.
16         (13) The total equalized assessed value of the proposed
17     redevelopment project area has declined for 3 of the last 5
18     calendar years for which information is available or is
19     increasing at an annual rate that is less than the balance
20     of the municipality for 3 of the last 5 calendar years for
21     which information is available or is increasing at an
22     annual rate that is less than the Consumer Price Index for
23     All Urban Consumers published by the United States
24     Department of Labor or successor agency for 3 of the last 5
25     calendar years for which information is available.
26     (c) "Industrial park" means an area in a blighted or
27 conservation area suitable for use by any manufacturing,
28 industrial, research or transportation enterprise, of
29 facilities to include but not be limited to factories, mills,
30 processing plants, assembly plants, packing plants,
31 fabricating plants, industrial distribution centers,
32 warehouses, repair overhaul or service facilities, freight
33 terminals, research facilities, test facilities or railroad
34 facilities.

 

 

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1     (d) "Industrial park conservation area" means an area
2 within the boundaries of a redevelopment project area located
3 within the territorial limits of a municipality that is a labor
4 surplus municipality or within 1 1/2 miles of the territorial
5 limits of a municipality that is a labor surplus municipality
6 if the area is annexed to the municipality; which area is zoned
7 as industrial no later than at the time the municipality by
8 ordinance designates the redevelopment project area, and which
9 area includes both vacant land suitable for use as an
10 industrial park and a blighted area or conservation area
11 contiguous to such vacant land.
12     (e) "Labor surplus municipality" means a municipality in
13 which, at any time during the 6 months before the municipality
14 by ordinance designates an industrial park conservation area,
15 the unemployment rate was over 6% and was also 100% or more of
16 the national average unemployment rate for that same time as
17 published in the United States Department of Labor Bureau of
18 Labor Statistics publication entitled "The Employment
19 Situation" or its successor publication. For the purpose of
20 this subsection, if unemployment rate statistics for the
21 municipality are not available, the unemployment rate in the
22 municipality shall be deemed to be the same as the unemployment
23 rate in the principal county in which the municipality is
24 located.
25     (f) "Municipality" shall mean a city, village,
26 incorporated town, or a township that is located in the
27 unincorporated portion of a county with 3 million or more
28 inhabitants, if the county adopted an ordinance that approved
29 the township's redevelopment plan.
30     (g) "Initial Sales Tax Amounts" means the amount of taxes
31 paid under the Retailers' Occupation Tax Act, Use Tax Act,
32 Service Use Tax Act, the Service Occupation Tax Act, the
33 Municipal Retailers' Occupation Tax Act, and the Municipal
34 Service Occupation Tax Act by retailers and servicemen on

 

 

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

 

 

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1 to the municipality from the Local Government Tax Fund arising
2 from sales by retailers and servicemen on transactions located
3 in the redevelopment project area or the State Sales Tax
4 Boundary, as the case may be, the certified Initial Sales Tax
5 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
6 Initial Sales Tax Amounts for the Municipal Retailers'
7 Occupation Tax Act and the Municipal Service Occupation Tax
8 Act. For the State Fiscal Year 1989, this calculation shall be
9 made by utilizing the calendar year 1987 to determine the tax
10 amounts received. For the State Fiscal Year 1990, this
11 calculation shall be made by utilizing the period from January
12 1, 1988, until September 30, 1988, to determine the tax amounts
13 received from retailers and servicemen pursuant to the
14 Municipal Retailers' Occupation Tax and the Municipal Service
15 Occupation Tax Act, which shall have deducted therefrom
16 nine-twelfths of the certified Initial Sales Tax Amounts, the
17 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
18 Tax Amounts as appropriate. For the State Fiscal Year 1991,
19 this calculation shall be made by utilizing the period from
20 October 1, 1988, to June 30, 1989, to determine the tax amounts
21 received from retailers and servicemen pursuant to the
22 Municipal Retailers' Occupation Tax and the Municipal Service
23 Occupation Tax Act which shall have deducted therefrom
24 nine-twelfths of the certified Initial Sales Tax Amounts,
25 Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
26 Tax Amounts as appropriate. For every State Fiscal Year
27 thereafter, the applicable period shall be the 12 months
28 beginning July 1 and ending June 30 to determine the tax
29 amounts received which shall have deducted therefrom the
30 certified Initial Sales Tax Amounts, the Adjusted Initial Sales
31 Tax Amounts or the Revised Initial Sales Tax Amounts, as the
32 case may be.
33     (i) "Net State Sales Tax Increment" means the sum of the
34 following: (a) 80% of the first $100,000 of State Sales Tax

 

 

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1 Increment annually generated within a State Sales Tax Boundary;
2 (b) 60% of the amount in excess of $100,000 but not exceeding
3 $500,000 of State Sales Tax Increment annually generated within
4 a State Sales Tax Boundary; and (c) 40% of all amounts in
5 excess of $500,000 of State Sales Tax Increment annually
6 generated within a State Sales Tax Boundary. If, however, a
7 municipality established a tax increment financing district in
8 a county with a population in excess of 3,000,000 before
9 January 1, 1986, and the municipality entered into a contract
10 or issued bonds after January 1, 1986, but before December 31,
11 1986, to finance redevelopment project costs within a State
12 Sales Tax Boundary, then the Net State Sales Tax Increment
13 means, for the fiscal years beginning July 1, 1990, and July 1,
14 1991, 100% of the State Sales Tax Increment annually generated
15 within a State Sales Tax Boundary; and notwithstanding any
16 other provision of this Act, for those fiscal years the
17 Department of Revenue shall distribute to those municipalities
18 100% of their Net State Sales Tax Increment before any
19 distribution to any other municipality and regardless of
20 whether or not those other municipalities will receive 100% of
21 their Net State Sales Tax Increment. For Fiscal Year 1999, and
22 every year thereafter until the year 2007, for any municipality
23 that has not entered into a contract or has not issued bonds
24 prior to June 1, 1988 to finance redevelopment project costs
25 within a State Sales Tax Boundary, the Net State Sales Tax
26 Increment shall be calculated as follows: By multiplying the
27 Net State Sales Tax Increment by 90% in the State Fiscal Year
28 1999; 80% in the State Fiscal Year 2000; 70% in the State
29 Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
30 State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
31 in the State Fiscal Year 2005; 20% in the State Fiscal Year
32 2006; and 10% in the State Fiscal Year 2007. No payment shall
33 be made for State Fiscal Year 2008 and thereafter.
34     Municipalities that issued bonds in connection with a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         population in 1990 of less than 3,600 that is located
2         in a county with a population in 1990 of less than
3         34,000 and for which at least $250,000 of tax increment
4         bonds were authorized on June 17, 1997, or
5             (H) if the ordinance was adopted on October 5, 1982
6         by the City of Kankakee, or if the ordinance was
7         adopted on December 29, 1986 by East St. Louis, or
8             (I) if the ordinance was adopted on November 12,
9         1991 by the Village of Sauget, or
10             (J) if the ordinance was adopted on February 11,
11         1985 by the City of Rock Island, or
12             (K) if the ordinance was adopted before December
13         18, 1986 by the City of Moline, or
14             (L) if the ordinance was adopted in September 1988
15         by Sauk Village, or
16             (M) if the ordinance was adopted in October 1993 by
17         Sauk Village, or
18             (N) if the ordinance was adopted on December 29,
19         1986 by the City of Galva, or
20             (O) if the ordinance was adopted in March 1991 by
21         the City of Centreville, or
22             (P) if the ordinance was adopted on January 23,
23         1991 by the City of East St. Louis, or
24             (Q) if the ordinance was adopted on December 22,
25         1986 by the City of Aledo, or
26             (R) if the ordinance was adopted on February 5,
27         1990 by the City of Clinton, or
28             (S) if the ordinance was adopted on September 6,
29         1994 by the City of Freeport, or
30             (T) if the ordinance was adopted on December 22,
31         1986 by the City of Tuscola, or
32             (U) if the ordinance was adopted on December 23,
33         1986 by the City of Sparta, or
34             (V) if the ordinance was adopted on December 23,

 

 

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1         1986 by the City of Beardstown, or
2             (W) if the ordinance was adopted on April 27, 1981,
3         October 21, 1985, or December 30, 1986 by the City of
4         Belleville, or
5             (X) if the ordinance was adopted on December 29,
6         1986 by the City of Collinsville, or
7             (Y) if the ordinance was adopted on September 14,
8         1994 by the City of Alton, or
9             (Z) if the ordinance was adopted on November 11,
10         1996 by the City of Lexington, or
11             (AA) if the ordinance was adopted on November 5,
12         1984 by the City of LeRoy, or
13             (BB) if the ordinance was adopted on April 3, 1991
14         or June 3, 1992 by the City of Markham, or
15             (CC) if the ordinance was adopted on November 11,
16         1986 by the City of Pekin, or
17             (DD) if the ordinance was adopted on December 15,
18         1981 by the City of Champaign, or
19             (EE) if the ordinance was adopted on December 15,
20         1986 by the City of Urbana, or
21             (FF) if the ordinance was adopted on December 15,
22         1986 by the Village of Heyworth, or
23             (GG) if the ordinance was adopted on February 24,
24         1992 by the Village of Heyworth, or
25             (HH) if the ordinance was adopted on March 16, 1995
26         by the Village of Heyworth, or
27             (II) if the ordinance was adopted on December 23,
28         1986 by the Town of Cicero, or
29             (JJ) if the ordinance was adopted on December 30,
30         1986 by the City of Effingham, or
31             (KK) if the ordinance was adopted on May 9, 1991 by
32         the Village of Tilton, or
33             (LL) if the ordinance was adopted on October 20,
34         1986 by the City of Elmhurst, or

 

 

09400SB0837sam002 - 69 - LRB094 04463 HLH 57602 a

1             (MM) if the ordinance was adopted on January 19,
2         1988 by the City of Waukegan, or
3             (NN) if the ordinance was adopted on September 21,
4         1998 by the City of Waukegan, or
5             (OO) if the ordinance was adopted on December 31,
6         1986 by the City of Sullivan, or
7             (PP) if the ordinance was adopted on December 23,
8         1991 by the City of Sullivan, or .
9             (QQ) (OO) if the ordinance was adopted on December
10         31, 1986 by the City of Oglesby, or .
11             (RR) (OO) if the ordinance was adopted on July 28,
12         1987 by the City of Marion, or
13             (SS) (PP) if the ordinance was adopted on April 23,
14         1990 by the City of Marion, or .
15             (TT) (OO) if the ordinance was adopted on August
16         20, 1985 by the Village of Mount Prospect, or .
17             (UU) (OO) if the ordinance was adopted on February
18         2, 1998 by the Village of Woodhull, or
19             (VV) if the ordinance was adopted on December 29,
20         1986 by the Village of Gardner.
21         However, for redevelopment project areas for which
22     bonds were issued before July 29, 1991, or for which
23     contracts were entered into before June 1, 1988, in
24     connection with a redevelopment project in the area within
25     the State Sales Tax Boundary, the estimated dates of
26     completion of the redevelopment project and retirement of
27     obligations to finance redevelopment project costs may be
28     extended by municipal ordinance to December 31, 2013. The
29     termination procedures of subsection (b) of Section
30     11-74.4-8 are not required for these redevelopment project
31     areas in 2009 but are required in 2013. The extension
32     allowed by this amendatory Act of 1993 shall not apply to
33     real property tax increment allocation financing under
34     Section 11-74.4-8.

 

 

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1         A municipality may by municipal ordinance amend an
2     existing redevelopment plan to conform to this paragraph
3     (3) as amended by Public Act 91-478, which municipal
4     ordinance may be adopted without further hearing or notice
5     and without complying with the procedures provided in this
6     Act pertaining to an amendment to or the initial approval
7     of a redevelopment plan and project and designation of a
8     redevelopment project area.
9         Those dates, for purposes of real property tax
10     increment allocation financing pursuant to Section
11     11-74.4-8 only, shall be not more than 35 years for
12     redevelopment project areas that were adopted on or after
13     December 16, 1986 and for which at least $8 million worth
14     of municipal bonds were authorized on or after December 19,
15     1989 but before January 1, 1990; provided that the
16     municipality elects to extend the life of the redevelopment
17     project area to 35 years by the adoption of an ordinance
18     after at least 14 but not more than 30 days' written notice
19     to the taxing bodies, that would otherwise constitute the
20     joint review board for the redevelopment project area,
21     before the adoption of the ordinance.
22         Those dates, for purposes of real property tax
23     increment allocation financing pursuant to Section
24     11-74.4-8 only, shall be not more than 35 years for
25     redevelopment project areas that were established on or
26     after December 1, 1981 but before January 1, 1982 and for
27     which at least $1,500,000 worth of tax increment revenue
28     bonds were authorized on or after September 30, 1990 but
29     before July 1, 1991; provided that the municipality elects
30     to extend the life of the redevelopment project area to 35
31     years by the adoption of an ordinance after at least 14 but
32     not more than 30 days' written notice to the taxing bodies,
33     that would otherwise constitute the joint review board for
34     the redevelopment project area, before the adoption of the

 

 

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1     ordinance.
2         (3.5) The municipality finds, in the case of an
3     industrial park conservation area, also that the
4     municipality is a labor surplus municipality and that the
5     implementation of the redevelopment plan will reduce
6     unemployment, create new jobs and by the provision of new
7     facilities enhance the tax base of the taxing districts
8     that extend into the redevelopment project area.
9         (4) If any incremental revenues are being utilized
10     under Section 8(a)(1) or 8(a)(2) of this Act in
11     redevelopment project areas approved by ordinance after
12     January 1, 1986, the municipality finds: (a) that the
13     redevelopment project area would not reasonably be
14     developed without the use of such incremental revenues, and
15     (b) that such incremental revenues will be exclusively
16     utilized for the development of the redevelopment project
17     area.
18         (5) If the redevelopment plan will not result in
19     displacement of residents from 10 or more inhabited
20     residential units, and the municipality certifies in the
21     plan that such displacement will not result from the plan,
22     a housing impact study need not be performed. If, however,
23     the redevelopment plan would result in the displacement of
24     residents from 10 or more inhabited residential units, or
25     if the redevelopment project area contains 75 or more
26     inhabited residential units and no certification is made,
27     then the municipality shall prepare, as part of the
28     separate feasibility report required by subsection (a) of
29     Section 11-74.4-5, a housing impact study.
30         Part I of the housing impact study shall include (i)
31     data as to whether the residential units are single family
32     or multi-family units, (ii) the number and type of rooms
33     within the units, if that information is available, (iii)
34     whether the units are inhabited or uninhabited, as

 

 

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1     determined not less than 45 days before the date that the
2     ordinance or resolution required by subsection (a) of
3     Section 11-74.4-5 is passed, and (iv) data as to the racial
4     and ethnic composition of the residents in the inhabited
5     residential units. The data requirement as to the racial
6     and ethnic composition of the residents in the inhabited
7     residential units shall be deemed to be fully satisfied by
8     data from the most recent federal census.
9         Part II of the housing impact study shall identify the
10     inhabited residential units in the proposed redevelopment
11     project area that are to be or may be removed. If inhabited
12     residential units are to be removed, then the housing
13     impact study shall identify (i) the number and location of
14     those units that will or may be removed, (ii) the
15     municipality's plans for relocation assistance for those
16     residents in the proposed redevelopment project area whose
17     residences are to be removed, (iii) the availability of
18     replacement housing for those residents whose residences
19     are to be removed, and shall identify the type, location,
20     and cost of the housing, and (iv) the type and extent of
21     relocation assistance to be provided.
22         (6) On and after November 1, 1999, the housing impact
23     study required by paragraph (5) shall be incorporated in
24     the redevelopment plan for the redevelopment project area.
25         (7) On and after November 1, 1999, no redevelopment
26     plan shall be adopted, nor an existing plan amended, nor
27     shall residential housing that is occupied by households of
28     low-income and very low-income persons in currently
29     existing redevelopment project areas be removed after
30     November 1, 1999 unless the redevelopment plan provides,
31     with respect to inhabited housing units that are to be
32     removed for households of low-income and very low-income
33     persons, affordable housing and relocation assistance not
34     less than that which would be provided under the federal

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1                 (i) no increased costs shall be reimbursed
2             unless the school district certifies that each of
3             the schools affected by the assisted housing
4             project is at or over its student capacity;
5                 (ii) the amount reimbursable shall be reduced
6             by the value of any land donated to the school
7             district by the municipality or developer, and by
8             the value of any physical improvements made to the
9             schools by the municipality or developer; and
10                 (iii) the amount reimbursed may not affect
11             amounts otherwise obligated by the terms of any
12             bonds, notes, or other funding instruments, or the
13             terms of any redevelopment agreement.
14         Any school district seeking payment under this
15         paragraph (7.5) shall, after July 1 and before
16         September 30 of each year, provide the municipality
17         with reasonable evidence to support its claim for
18         reimbursement before the municipality shall be
19         required to approve or make the payment to the school
20         district. If the school district fails to provide the
21         information during this period in any year, it shall
22         forfeit any claim to reimbursement for that year.
23         School districts may adopt a resolution waiving the
24         right to all or a portion of the reimbursement
25         otherwise required by this paragraph (7.5). By
26         acceptance of this reimbursement the school district
27         waives the right to directly or indirectly set aside,
28         modify, or contest in any manner the establishment of
29         the redevelopment project area or projects;
30         (7.7) For redevelopment project areas designated (or
31     redevelopment project areas amended to add or increase the
32     number of tax-increment-financing assisted housing units)
33     on or after January 1, 2005 (the effective date of Public
34     Act 93-961), a public library district's increased costs

 

 

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1     attributable to assisted housing units located within the
2     redevelopment project area for which the developer or
3     redeveloper receives financial assistance through an
4     agreement with the municipality or because the
5     municipality incurs the cost of necessary infrastructure
6     improvements within the boundaries of the assisted housing
7     sites necessary for the completion of that housing as
8     authorized by this Act shall be paid to the library
9     district by the municipality from the Special Tax
10     Allocation Fund when the tax increment revenue is received
11     as a result of the assisted housing units. This paragraph
12     (7.7) applies only if (i) the library district is located
13     in a county that is subject to the Property Tax Extension
14     Limitation Law or (ii) the library district is not located
15     in a county that is subject to the Property Tax Extension
16     Limitation Law but the district is prohibited by any other
17     law from increasing its tax levy rate without a prior voter
18     referendum.
19         The amount paid to a library district under this
20     paragraph (7.7) shall be calculated by multiplying (i) the
21     net increase in the number of persons eligible to obtain a
22     library card in that district who reside in housing units
23     within the redevelopment project area that have received
24     financial assistance through an agreement with the
25     municipality or because the municipality incurs the cost of
26     necessary infrastructure improvements within the
27     boundaries of the housing sites necessary for the
28     completion of that housing as authorized by this Act since
29     the designation of the redevelopment project area by (ii)
30     the per-patron cost of providing library services so long
31     as it does not exceed $120. The per-patron cost shall be
32     the Total Operating Expenditures Per Capita as stated in
33     the most recent Illinois Public Library Statistics
34     produced by the Library Research Center at the University

 

 

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1     of Illinois. The municipality may deduct from the amount
2     that it must pay to a library district under this paragraph
3     any amount that it has voluntarily paid to the library
4     district from the tax increment revenue. The amount paid to
5     a library district under this paragraph (7.7) shall be no
6     more than 2% of the amount produced by the assisted housing
7     units and deposited into the Special Tax Allocation Fund.
8         A library district is not eligible for any payment
9     under this paragraph (7.7) unless the library district has
10     experienced an increase in the number of patrons from the
11     municipality that created the tax-increment-financing
12     district since the designation of the redevelopment
13     project area.
14         Any library district seeking payment under this
15     paragraph (7.7) shall, after July 1 and before September 30
16     of each year, provide the municipality with convincing
17     evidence to support its claim for reimbursement before the
18     municipality shall be required to approve or make the
19     payment to the library district. If the library district
20     fails to provide the information during this period in any
21     year, it shall forfeit any claim to reimbursement for that
22     year. Library districts may adopt a resolution waiving the
23     right to all or a portion of the reimbursement otherwise
24     required by this paragraph (7.7). By acceptance of such
25     reimbursement, the library district shall forfeit any
26     right to directly or indirectly set aside, modify, or
27     contest in any manner whatsoever the establishment of the
28     redevelopment project area or projects;
29         (8) Relocation costs to the extent that a municipality
30     determines that relocation costs shall be paid or is
31     required to make payment of relocation costs by federal or
32     State law or in order to satisfy subparagraph (7) of
33     subsection (n);
34         (9) Payment in lieu of taxes;

 

 

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

 

 

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

 

 

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

 

 

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1         as long as tax increment revenue is being used to pay
2         for costs associated with the units or for the
3         retirement of bonds issued to finance the units or for
4         the life of the redevelopment project area, whichever
5         is later.
6         (11.5) If the redevelopment project area is located
7     within a municipality with a population of more than
8     100,000, the cost of day care services for children of
9     employees from low-income families working for businesses
10     located within the redevelopment project area and all or a
11     portion of the cost of operation of day care centers
12     established by redevelopment project area businesses to
13     serve employees from low-income families working in
14     businesses located in the redevelopment project area. For
15     the purposes of this paragraph, "low-income families"
16     means families whose annual income does not exceed 80% of
17     the municipal, county, or regional median income, adjusted
18     for family size, as the annual income and municipal,
19     county, or regional median income are determined from time
20     to time by the United States Department of Housing and
21     Urban Development.
22         (12) Unless explicitly stated herein the cost of
23     construction of new privately-owned buildings shall not be
24     an eligible redevelopment project cost.
25         (13) After November 1, 1999 (the effective date of
26     Public Act 91-478), none of the redevelopment project costs
27     enumerated in this subsection shall be eligible
28     redevelopment project costs if those costs would provide
29     direct financial support to a retail entity initiating
30     operations in the redevelopment project area while
31     terminating operations at another Illinois location within
32     10 miles of the redevelopment project area but outside the
33     boundaries of the redevelopment project area municipality.
34     For purposes of this paragraph, termination means a closing

 

 

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1     of a retail operation that is directly related to the
2     opening of the same operation or like retail entity owned
3     or operated by more than 50% of the original ownership in a
4     redevelopment project area, but it does not mean closing an
5     operation for reasons beyond the control of the retail
6     entity, as documented by the retail entity, subject to a
7     reasonable finding by the municipality that the current
8     location contained inadequate space, had become
9     economically obsolete, or was no longer a viable location
10     for the retailer or serviceman.
11     If a special service area has been established pursuant to
12 the Special Service Area Tax Act or Special Service Area Tax
13 Law, then any tax increment revenues derived from the tax
14 imposed pursuant to the Special Service Area Tax Act or Special
15 Service Area Tax Law may be used within the redevelopment
16 project area for the purposes permitted by that Act or Law as
17 well as the purposes permitted by this Act.
18     (r) "State Sales Tax Boundary" means the redevelopment
19 project area or the amended redevelopment project area
20 boundaries which are determined pursuant to subsection (9) of
21 Section 11-74.4-8a of this Act. The Department of Revenue shall
22 certify pursuant to subsection (9) of Section 11-74.4-8a the
23 appropriate boundaries eligible for the determination of State
24 Sales Tax Increment.
25     (s) "State Sales Tax Increment" means an amount equal to
26 the increase in the aggregate amount of taxes paid by retailers
27 and servicemen, other than retailers and servicemen subject to
28 the Public Utilities Act, on transactions at places of business
29 located within a State Sales Tax Boundary pursuant to the
30 Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
31 Tax Act, and the Service Occupation Tax Act, except such
32 portion of such increase that is paid into the State and Local
33 Sales Tax Reform Fund, the Local Government Distributive Fund,
34 the Local Government Tax Fund and the County and Mass Transit

 

 

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

 

 

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1 therefrom nine-twelfths of the certified Initial Sales Tax
2 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
3 Initial Sales Tax Amounts as appropriate. For the State Fiscal
4 Year 1991, this calculation shall be made by utilizing the
5 period from October 1, 1988, until June 30, 1989, to determine
6 the tax amounts received from retailers and servicemen, which
7 shall have deducted therefrom nine-twelfths of the certified
8 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
9 Amounts or the Revised Initial Sales Tax Amounts as
10 appropriate. For every State Fiscal Year thereafter, the
11 applicable period shall be the 12 months beginning July 1 and
12 ending on June 30, to determine the tax amounts received which
13 shall have deducted therefrom the certified Initial Sales Tax
14 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
15 Initial Sales Tax Amounts. Municipalities intending to receive
16 a distribution of State Sales Tax Increment must report a list
17 of retailers to the Department of Revenue by October 31, 1988
18 and by July 31, of each year thereafter.
19     (t) "Taxing districts" means counties, townships, cities
20 and incorporated towns and villages, school, road, park,
21 sanitary, mosquito abatement, forest preserve, public health,
22 fire protection, river conservancy, tuberculosis sanitarium
23 and any other municipal corporations or districts with the
24 power to levy taxes.
25     (u) "Taxing districts' capital costs" means those costs of
26 taxing districts for capital improvements that are found by the
27 municipal corporate authorities to be necessary and directly
28 result from the redevelopment project.
29     (v) As used in subsection (a) of Section 11-74.4-3 of this
30 Act, "vacant land" means any parcel or combination of parcels
31 of real property without industrial, commercial, and
32 residential buildings which has not been used for commercial
33 agricultural purposes within 5 years prior to the designation
34 of the redevelopment project area, unless the parcel is

 

 

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1 included in an industrial park conservation area or the parcel
2 has been subdivided; provided that if the parcel was part of a
3 larger tract that has been divided into 3 or more smaller
4 tracts that were accepted for recording during the period from
5 1950 to 1990, then the parcel shall be deemed to have been
6 subdivided, and all proceedings and actions of the municipality
7 taken in that connection with respect to any previously
8 approved or designated redevelopment project area or amended
9 redevelopment project area are hereby validated and hereby
10 declared to be legally sufficient for all purposes of this Act.
11 For purposes of this Section and only for land subject to the
12 subdivision requirements of the Plat Act, land is subdivided
13 when the original plat of the proposed Redevelopment Project
14 Area or relevant portion thereof has been properly certified,
15 acknowledged, approved, and recorded or filed in accordance
16 with the Plat Act and a preliminary plat, if any, for any
17 subsequent phases of the proposed Redevelopment Project Area or
18 relevant portion thereof has been properly approved and filed
19 in accordance with the applicable ordinance of the
20 municipality.
21     (w) "Annual Total Increment" means the sum of each
22 municipality's annual Net Sales Tax Increment and each
23 municipality's annual Net Utility Tax Increment. The ratio of
24 the Annual Total Increment of each municipality to the Annual
25 Total Increment for all municipalities, as most recently
26 calculated by the Department, shall determine the proportional
27 shares of the Illinois Tax Increment Fund to be distributed to
28 each municipality.
29 (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05;
30 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-961, eff.
31 1-1-05; 93-983, eff. 8-23-04; 93-984, eff. 8-23-04; 93-985,
32 eff. 8-23-04; 93-986, eff. 8-23-04; 93-987, eff. 8-23-04;
33 93-995, eff. 8-23-04; 93-1024, eff. 8-25-04; 93-1076, eff.
34 1-18-05; 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; 94-297,

 

 

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1 eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. 6-1-06;
2 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; revised 12-9-05.)
 
3     (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
4     (Text of Section before amendment by P.A. 94-702 and
5 94-711)
6     Sec. 11-74.4-7. Obligations secured by the special tax
7 allocation fund set forth in Section 11-74.4-8 for the
8 redevelopment project area may be issued to provide for
9 redevelopment project costs. Such obligations, when so issued,
10 shall be retired in the manner provided in the ordinance
11 authorizing the issuance of such obligations by the receipts of
12 taxes levied as specified in Section 11-74.4-9 against the
13 taxable property included in the area, by revenues as specified
14 by Section 11-74.4-8a and other revenue designated by the
15 municipality. A municipality may in the ordinance pledge all or
16 any part of the funds in and to be deposited in the special tax
17 allocation fund created pursuant to Section 11-74.4-8 to the
18 payment of the redevelopment project costs and obligations. Any
19 pledge of funds in the special tax allocation fund shall
20 provide for distribution to the taxing districts and to the
21 Illinois Department of Revenue of moneys not required, pledged,
22 earmarked, or otherwise designated for payment and securing of
23 the obligations and anticipated redevelopment project costs
24 and such excess funds shall be calculated annually and deemed
25 to be "surplus" funds. In the event a municipality only applies
26 or pledges a portion of the funds in the special tax allocation
27 fund for the payment or securing of anticipated redevelopment
28 project costs or of obligations, any such funds remaining in
29 the special tax allocation fund after complying with the
30 requirements of the application or pledge, shall also be
31 calculated annually and deemed "surplus" funds. All surplus
32 funds in the special tax allocation fund shall be distributed
33 annually within 180 days after the close of the municipality's

 

 

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

 

 

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

 

 

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

 

 

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1     A municipality may also issue its obligations to refund in
2 whole or in part, obligations theretofore issued by such
3 municipality under the authority of this Act, whether at or
4 prior to maturity, provided however, that the last maturity of
5 the refunding obligations shall not be expressed to mature
6 later than December 31 of the year in which the payment to the
7 municipal treasurer as provided in subsection (b) of Section
8 11-74.4-8 of this Act is to be made with respect to ad valorem
9 taxes levied in the twenty-third calendar year after the year
10 in which the ordinance approving the redevelopment project area
11 is adopted if the ordinance was adopted on or after January 15,
12 1981, not later than December 31 of the year in which the
13 payment to the municipal treasurer as provided in subsection
14 (b) of Section 11-74.4-8 of this Act is to be made with respect
15 to ad valorem taxes levied in the thirty-third calendar year
16 after the year in which the ordinance approving the
17 redevelopment project area if the ordinance was adopted on May
18 20, 1985 by the Village of Wheeling, and not later than
19 December 31 of the year in which the payment to the municipal
20 treasurer as provided in subsection (b) of Section 11-74.4-8 of
21 this Act is to be made with respect to ad valorem taxes levied
22 in the thirty-fifth calendar year after the year in which the
23 ordinance approving the redevelopment project area is adopted
24 (A) if the ordinance was adopted before January 15, 1981, or
25 (B) if the ordinance was adopted in December 1983, April 1984,
26 July 1985, or December 1989, or (C) if the ordinance was
27 adopted in December, 1987 and the redevelopment project is
28 located within one mile of Midway Airport, or (D) if the
29 ordinance was adopted before January 1, 1987 by a municipality
30 in Mason County, or (E) if the municipality is subject to the
31 Local Government Financial Planning and Supervision Act or the
32 Financially Distressed City Law, or (F) if the ordinance was
33 adopted in December 1984 by the Village of Rosemont, or (G) if
34 the ordinance was adopted on December 31, 1986 by a

 

 

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1 municipality located in Clinton County for which at least
2 $250,000 of tax increment bonds were authorized on June 17,
3 1997, or if the ordinance was adopted on December 31, 1986 by a
4 municipality with a population in 1990 of less than 3,600 that
5 is located in a county with a population in 1990 of less than
6 34,000 and for which at least $250,000 of tax increment bonds
7 were authorized on June 17, 1997, or (H) if the ordinance was
8 adopted on October 5, 1982 by the City of Kankakee, or (I) if
9 the ordinance was adopted on December 29, 1986 by East St.
10 Louis, or if the ordinance was adopted on November 12, 1991 by
11 the Village of Sauget, or (J) if the ordinance was adopted on
12 February 11, 1985 by the City of Rock Island, or (K) if the
13 ordinance was adopted before December 18, 1986 by the City of
14 Moline, or (L) if the ordinance was adopted in September 1988
15 by Sauk Village, or (M) if the ordinance was adopted in October
16 1993 by Sauk Village, or (N) if the ordinance was adopted on
17 December 29, 1986 by the City of Galva, or (O) if the ordinance
18 was adopted in March 1991 by the City of Centreville, or (P) if
19 the ordinance was adopted on January 23, 1991 by the City of
20 East St. Louis, or (Q) if the ordinance was adopted on December
21 22, 1986 by the City of Aledo, or (R) if the ordinance was
22 adopted on February 5, 1990 by the City of Clinton, or (S) if
23 the ordinance was adopted on September 6, 1994 by the City of
24 Freeport, or (T) if the ordinance was adopted on December 22,
25 1986 by the City of Tuscola, or (U) if the ordinance was
26 adopted on December 23, 1986 by the City of Sparta, or (V) if
27 the ordinance was adopted on December 23, 1986 by the City of
28 Beardstown, or (W) if the ordinance was adopted on April 27,
29 1981, October 21, 1985, or December 30, 1986 by the City of
30 Belleville, or (X) if the ordinance was adopted on December 29,
31 1986 by the City of Collinsville, or (Y) if the ordinance was
32 adopted on September 14, 1994 by the City of Alton, or (Z) if
33 the ordinance was adopted on November 11, 1996 by the City of
34 Lexington, or (AA) if the ordinance was adopted on November 5,

 

 

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1 1984 by the City of LeRoy, or (BB) if the ordinance was adopted
2 on April 3, 1991 or June 3, 1992 by the City of Markham, or (CC)
3 if the ordinance was adopted on November 11, 1986 by the City
4 of Pekin, or (DD) if the ordinance was adopted on December 15,
5 1981 by the City of Champaign, or (EE) if the ordinance was
6 adopted on December 15, 1986 by the City of Urbana, or (FF) if
7 the ordinance was adopted on December 15, 1986 by the Village
8 of Heyworth, or (GG) if the ordinance was adopted on February
9 24, 1992 by the Village of Heyworth, or (HH) if the ordinance
10 was adopted on March 16, 1995 by the Village of Heyworth, or
11 (II) if the ordinance was adopted on December 23, 1986 by the
12 Town of Cicero, or (JJ) if the ordinance was adopted on
13 December 30, 1986 by the City of Effingham, or (KK) if the
14 ordinance was adopted on May 9, 1991 by the Village of Tilton,
15 or (LL) if the ordinance was adopted on October 20, 1986 by the
16 City of Elmhurst, or (MM) if the ordinance was adopted on
17 January 19, 1988 by the City of Waukegan, or (NN) if the
18 ordinance was adopted on September 21, 1998 by the City of
19 Waukegan, or (OO) if the ordinance was adopted on December 31,
20 1986 by the City of Sullivan, or (PP) if the ordinance was
21 adopted on December 23, 1991 by the City of Sullivan, or (QQ)
22 (OO) if the ordinance was adopted on December 31, 1986 by the
23 City of Oglesby, or (RR) (OO) if the ordinance was adopted on
24 July 28, 1987 by the City of Marion, or (SS) (PP) if the
25 ordinance was adopted on April 23, 1990 by the City of Marion,
26 or (TT) if the ordinance was adopted on December 29, 1986 by
27 the Village of Gardner and, for redevelopment project areas for
28 which bonds were issued before July 29, 1991, in connection
29 with a redevelopment project in the area within the State Sales
30 Tax Boundary and which were extended by municipal ordinance
31 under subsection (n) of Section 11-74.4-3, the last maturity of
32 the refunding obligations shall not be expressed to mature
33 later than the date on which the redevelopment project area is
34 terminated or December 31, 2013, whichever date occurs first.

 

 

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1     In the event a municipality issues obligations under home
2 rule powers or other legislative authority the proceeds of
3 which are pledged to pay for redevelopment project costs, the
4 municipality may, if it has followed the procedures in
5 conformance with this division, retire said obligations from
6 funds in the special tax allocation fund in amounts and in such
7 manner as if such obligations had been issued pursuant to the
8 provisions of this division.
9     All obligations heretofore or hereafter issued pursuant to
10 this Act shall not be regarded as indebtedness of the
11 municipality issuing such obligations or any other taxing
12 district for the purpose of any limitation imposed by law.
13 (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05;
14 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-983, eff.
15 8-23-04; 93-984, eff. 8-23-04; 93-985, eff. 8-23-04; 93-986,
16 eff. 8-23-04; 93-987, eff. 8-23-04; 93-995, eff. 8-23-04;
17 93-1024, eff. 8-25-04; 93-1076, eff. 1-18-05; 94-260, eff.
18 7-19-05; 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-704,
19 eff. 12-5-05; revised 12-9-05.)
 
20     (Text of Section after amendment by P.A. 94-702 and 94-711)
21     Sec. 11-74.4-7. Obligations secured by the special tax
22 allocation fund set forth in Section 11-74.4-8 for the
23 redevelopment project area may be issued to provide for
24 redevelopment project costs. Such obligations, when so issued,
25 shall be retired in the manner provided in the ordinance
26 authorizing the issuance of such obligations by the receipts of
27 taxes levied as specified in Section 11-74.4-9 against the
28 taxable property included in the area, by revenues as specified
29 by Section 11-74.4-8a and other revenue designated by the
30 municipality. A municipality may in the ordinance pledge all or
31 any part of the funds in and to be deposited in the special tax
32 allocation fund created pursuant to Section 11-74.4-8 to the
33 payment of the redevelopment project costs and obligations. Any

 

 

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1 pledge of funds in the special tax allocation fund shall
2 provide for distribution to the taxing districts and to the
3 Illinois Department of Revenue of moneys not required, pledged,
4 earmarked, or otherwise designated for payment and securing of
5 the obligations and anticipated redevelopment project costs
6 and such excess funds shall be calculated annually and deemed
7 to be "surplus" funds. In the event a municipality only applies
8 or pledges a portion of the funds in the special tax allocation
9 fund for the payment or securing of anticipated redevelopment
10 project costs or of obligations, any such funds remaining in
11 the special tax allocation fund after complying with the
12 requirements of the application or pledge, shall also be
13 calculated annually and deemed "surplus" funds. All surplus
14 funds in the special tax allocation fund shall be distributed
15 annually within 180 days after the close of the municipality's
16 fiscal year by being paid by the municipal treasurer to the
17 County Collector, to the Department of Revenue and to the
18 municipality in direct proportion to the tax incremental
19 revenue received as a result of an increase in the equalized
20 assessed value of property in the redevelopment project area,
21 tax incremental revenue received from the State and tax
22 incremental revenue received from the municipality, but not to
23 exceed as to each such source the total incremental revenue
24 received from that source. The County Collector shall
25 thereafter make distribution to the respective taxing
26 districts in the same manner and proportion as the most recent
27 distribution by the county collector to the affected districts
28 of real property taxes from real property in the redevelopment
29 project area.
30     Without limiting the foregoing in this Section, the
31 municipality may in addition to obligations secured by the
32 special tax allocation fund pledge for a period not greater
33 than the term of the obligations towards payment of such
34 obligations any part or any combination of the following: (a)

 

 

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1 net revenues of all or part of any redevelopment project; (b)
2 taxes levied and collected on any or all property in the
3 municipality; (c) the full faith and credit of the
4 municipality; (d) a mortgage on part or all of the
5 redevelopment project; or (e) any other taxes or anticipated
6 receipts that the municipality may lawfully pledge.
7     Such obligations may be issued in one or more series
8 bearing interest at such rate or rates as the corporate
9 authorities of the municipality shall determine by ordinance.
10 Such obligations shall bear such date or dates, mature at such
11 time or times not exceeding 20 years from their respective
12 dates, be in such denomination, carry such registration
13 privileges, be executed in such manner, be payable in such
14 medium of payment at such place or places, contain such
15 covenants, terms and conditions, and be subject to redemption
16 as such ordinance shall provide. Obligations issued pursuant to
17 this Act may be sold at public or private sale at such price as
18 shall be determined by the corporate authorities of the
19 municipalities. No referendum approval of the electors shall be
20 required as a condition to the issuance of obligations pursuant
21 to this Division except as provided in this Section.
22     In the event the municipality authorizes issuance of
23 obligations pursuant to the authority of this Division secured
24 by the full faith and credit of the municipality, which
25 obligations are other than obligations which may be issued
26 under home rule powers provided by Article VII, Section 6 of
27 the Illinois Constitution, or pledges taxes pursuant to (b) or
28 (c) of the second paragraph of this section, the ordinance
29 authorizing the issuance of such obligations or pledging such
30 taxes shall be published within 10 days after such ordinance
31 has been passed in one or more newspapers, with general
32 circulation within such municipality. The publication of the
33 ordinance shall be accompanied by a notice of (1) the specific
34 number of voters required to sign a petition requesting the

 

 

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

 

 

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1 and credit of the municipality, the ordinance authorizing the
2 obligations may provide for the levy and collection of a direct
3 annual tax upon all taxable property within the municipality
4 sufficient to pay the principal thereof and interest thereon as
5 it matures, which levy may be in addition to and exclusive of
6 the maximum of all other taxes authorized to be levied by the
7 municipality, which levy, however, shall be abated to the
8 extent that monies from other sources are available for payment
9 of the obligations and the municipality certifies the amount of
10 said monies available to the county clerk.
11     A certified copy of such ordinance shall be filed with the
12 county clerk of each county in which any portion of the
13 municipality is situated, and shall constitute the authority
14 for the extension and collection of the taxes to be deposited
15 in the special tax allocation fund.
16     A municipality may also issue its obligations to refund in
17 whole or in part, obligations theretofore issued by such
18 municipality under the authority of this Act, whether at or
19 prior to maturity, provided however, that the last maturity of
20 the refunding obligations shall not be expressed to mature
21 later than December 31 of the year in which the payment to the
22 municipal treasurer as provided in subsection (b) of Section
23 11-74.4-8 of this Act is to be made with respect to ad valorem
24 taxes levied in the twenty-third calendar year after the year
25 in which the ordinance approving the redevelopment project area
26 is adopted if the ordinance was adopted on or after January 15,
27 1981, not later than December 31 of the year in which the
28 payment to the municipal treasurer as provided in subsection
29 (b) of Section 11-74.4-8 of this Act is to be made with respect
30 to ad valorem taxes levied in the thirty-third calendar year
31 after the year in which the ordinance approving the
32 redevelopment project area if the ordinance was adopted on May
33 20, 1985 by the Village of Wheeling, and not later than
34 December 31 of the year in which the payment to the municipal

 

 

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1 treasurer as provided in subsection (b) of Section 11-74.4-8 of
2 this Act is to be made with respect to ad valorem taxes levied
3 in the thirty-fifth calendar year after the year in which the
4 ordinance approving the redevelopment project area is adopted
5 (A) if the ordinance was adopted before January 15, 1981, or
6 (B) if the ordinance was adopted in December 1983, April 1984,
7 July 1985, or December 1989, or (C) if the ordinance was
8 adopted in December, 1987 and the redevelopment project is
9 located within one mile of Midway Airport, or (D) if the
10 ordinance was adopted before January 1, 1987 by a municipality
11 in Mason County, or (E) if the municipality is subject to the
12 Local Government Financial Planning and Supervision Act or the
13 Financially Distressed City Law, or (F) if the ordinance was
14 adopted in December 1984 by the Village of Rosemont, or (G) if
15 the ordinance was adopted on December 31, 1986 by a
16 municipality located in Clinton County for which at least
17 $250,000 of tax increment bonds were authorized on June 17,
18 1997, or if the ordinance was adopted on December 31, 1986 by a
19 municipality with a population in 1990 of less than 3,600 that
20 is located in a county with a population in 1990 of less than
21 34,000 and for which at least $250,000 of tax increment bonds
22 were authorized on June 17, 1997, or (H) if the ordinance was
23 adopted on October 5, 1982 by the City of Kankakee, or (I) if
24 the ordinance was adopted on December 29, 1986 by East St.
25 Louis, or if the ordinance was adopted on November 12, 1991 by
26 the Village of Sauget, or (J) if the ordinance was adopted on
27 February 11, 1985 by the City of Rock Island, or (K) if the
28 ordinance was adopted before December 18, 1986 by the City of
29 Moline, or (L) if the ordinance was adopted in September 1988
30 by Sauk Village, or (M) if the ordinance was adopted in October
31 1993 by Sauk Village, or (N) if the ordinance was adopted on
32 December 29, 1986 by the City of Galva, or (O) if the ordinance
33 was adopted in March 1991 by the City of Centreville, or (P) if
34 the ordinance was adopted on January 23, 1991 by the City of

 

 

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1 East St. Louis, or (Q) if the ordinance was adopted on December
2 22, 1986 by the City of Aledo, or (R) if the ordinance was
3 adopted on February 5, 1990 by the City of Clinton, or (S) if
4 the ordinance was adopted on September 6, 1994 by the City of
5 Freeport, or (T) if the ordinance was adopted on December 22,
6 1986 by the City of Tuscola, or (U) if the ordinance was
7 adopted on December 23, 1986 by the City of Sparta, or (V) if
8 the ordinance was adopted on December 23, 1986 by the City of
9 Beardstown, or (W) if the ordinance was adopted on April 27,
10 1981, October 21, 1985, or December 30, 1986 by the City of
11 Belleville, or (X) if the ordinance was adopted on December 29,
12 1986 by the City of Collinsville, or (Y) if the ordinance was
13 adopted on September 14, 1994 by the City of Alton, or (Z) if
14 the ordinance was adopted on November 11, 1996 by the City of
15 Lexington, or (AA) if the ordinance was adopted on November 5,
16 1984 by the City of LeRoy, or (BB) if the ordinance was adopted
17 on April 3, 1991 or June 3, 1992 by the City of Markham, or (CC)
18 if the ordinance was adopted on November 11, 1986 by the City
19 of Pekin, or (DD) if the ordinance was adopted on December 15,
20 1981 by the City of Champaign, or (EE) if the ordinance was
21 adopted on December 15, 1986 by the City of Urbana, or (FF) if
22 the ordinance was adopted on December 15, 1986 by the Village
23 of Heyworth, or (GG) if the ordinance was adopted on February
24 24, 1992 by the Village of Heyworth, or (HH) if the ordinance
25 was adopted on March 16, 1995 by the Village of Heyworth, or
26 (II) if the ordinance was adopted on December 23, 1986 by the
27 Town of Cicero, or (JJ) if the ordinance was adopted on
28 December 30, 1986 by the City of Effingham, or (KK) if the
29 ordinance was adopted on May 9, 1991 by the Village of Tilton,
30 or (LL) if the ordinance was adopted on October 20, 1986 by the
31 City of Elmhurst, or (MM) if the ordinance was adopted on
32 January 19, 1988 by the City of Waukegan, or (NN) if the
33 ordinance was adopted on September 21, 1998 by the City of
34 Waukegan, or (OO) if the ordinance was adopted on December 31,

 

 

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1 1986 by the City of Sullivan, or (PP) if the ordinance was
2 adopted on December 23, 1991 by the City of Sullivan, or (QQ)
3 (OO) if the ordinance was adopted on December 31, 1986 by the
4 City of Oglesby, or (RR) (OO) if the ordinance was adopted on
5 July 28, 1987 by the City of Marion, or (SS) (PP) if the
6 ordinance was adopted on April 23, 1990 by the City of Marion,
7 or (TT) (OO) if the ordinance was adopted on August 20, 1985 by
8 the Village of Mount Prospect, or (UU) (OO) if the ordinance
9 was adopted on February 2, 1998 by the Village of Woodhull, or
10 (VV) if the ordinance was adopted on December 29, 1986 by the
11 Village of Gardner and, for redevelopment project areas for
12 which bonds were issued before July 29, 1991, in connection
13 with a redevelopment project in the area within the State Sales
14 Tax Boundary and which were extended by municipal ordinance
15 under subsection (n) of Section 11-74.4-3, the last maturity of
16 the refunding obligations shall not be expressed to mature
17 later than the date on which the redevelopment project area is
18 terminated or December 31, 2013, whichever date occurs first.
19     In the event a municipality issues obligations under home
20 rule powers or other legislative authority the proceeds of
21 which are pledged to pay for redevelopment project costs, the
22 municipality may, if it has followed the procedures in
23 conformance with this division, retire said obligations from
24 funds in the special tax allocation fund in amounts and in such
25 manner as if such obligations had been issued pursuant to the
26 provisions of this division.
27     All obligations heretofore or hereafter issued pursuant to
28 this Act shall not be regarded as indebtedness of the
29 municipality issuing such obligations or any other taxing
30 district for the purpose of any limitation imposed by law.
31 (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05;
32 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-983, eff.
33 8-23-04; 93-984, eff. 8-23-04; 93-985, eff. 8-23-04; 93-986,
34 eff. 8-23-04; 93-987, eff. 8-23-04; 93-995, eff. 8-23-04;

 

 

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1 93-1024, eff. 8-25-04; 93-1076, eff. 1-18-05; 94-260, eff.
2 7-19-05; 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702,
3 eff. 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; revised
4 12-9-05.)
 
5     Section 95. No acceleration or delay. Where this Act makes
6 changes in a statute that is represented in this Act by text
7 that is not yet or no longer in effect (for example, a Section
8 represented by multiple versions), the use of that text does
9 not accelerate or delay the taking effect of (i) the changes
10 made by this Act or (ii) provisions derived from any other
11 Public Act.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".