Illinois General Assembly - Full Text of SB2411
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Full Text of SB2411  93rd General Assembly

SB2411sam002 93RD GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/23/2004

 

 


 

 


 
09300SB2411sam002 SDS093 00079 LMT 40030 a

1
AMENDMENT TO SENATE BILL 2411

2     AMENDMENT NO. ______. Amend Senate Bill 2411 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Municipal Code is amended by
5 changing Sections 11-74.4-3 and 11-74.4-7 as follows:
 
6     (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
7     Sec. 11-74.4-3. Definitions. The following terms, wherever
8 used or referred to in this Division 74.4 shall have the
9 following respective meanings, unless in any case a different
10 meaning clearly appears from the context.
11     (a) For any redevelopment project area that has been
12 designated pursuant to this Section by an ordinance adopted
13 prior to November 1, 1999 (the effective date of Public Act
14 91-478), "blighted area" shall have the meaning set forth in
15 this Section prior to that date.
16     On and after November 1, 1999, "blighted area" means any
17 improved or vacant area within the boundaries of a
18 redevelopment project area located within the territorial
19 limits of the municipality where:
20         (1) If improved, industrial, commercial, and
21 residential buildings or improvements are detrimental to
22 the public safety, health, or welfare because of a
23 combination of 5 or more of the following factors, each of
24 which is (i) present, with that presence documented, to a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 Belleville, or
2             (X) if the ordinance was adopted on December 29,
3 1986 by the City of Collinsville, or
4             (Y) if the ordinance was adopted on September 14,
5 1994 by the City of Alton, or
6             (Z) if the ordinance was adopted on November 11,
7 1996 by the City of Lexington, or
8             (AA) if the ordinance was adopted on November 5,
9 1984 by the City of LeRoy, or
10             (BB) if the ordinance was adopted on April 3, 1991
11 or June 3, 1992 by the City of Markham, or .
12             (CC) if the ordinance was adopted on January 19,
13 1988 by the City of Waukegan, or
14             (DD) if the ordinance was adopted on September 21,
15 1998 by the City of Waukegan, or
16             (EE) if the ordinance was adopted on December 15,
17 1981 by the City of Champaign, or
18             (FF) if the ordinance was adopted on December 15,
19 1986 by the City of Urbana, or
20             (GG) if the ordinance was adopted on November 30,
21 1986 by the City of Effingham.
22         However, for redevelopment project areas for which
23 bonds were issued before July 29, 1991, or for which
24 contracts were entered into before June 1, 1988, in
25 connection with a redevelopment project in the area within
26 the State Sales Tax Boundary, the estimated dates of
27 completion of the redevelopment project and retirement of
28 obligations to finance redevelopment project costs may be
29 extended by municipal ordinance to December 31, 2013. The
30 termination procedures of subsection (b) of Section
31 11-74.4-8 are not required for these redevelopment project
32 areas in 2009 but are required in 2013. The extension
33 allowed by this amendatory Act of 1993 shall not apply to
34 real property tax increment allocation financing under

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09300SB2411sam002 - 28 - SDS093 00079 LMT 40030 a

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

 

 

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

 

 

09300SB2411sam002 - 30 - SDS093 00079 LMT 40030 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09300SB2411sam002 - 39 - SDS093 00079 LMT 40030 a

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

 

 

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

 

 

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

 

 

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1 agricultural purposes within 5 years prior to the designation
2 of the redevelopment project area, unless the parcel is
3 included in an industrial park conservation area or the parcel
4 has been subdivided; provided that if the parcel was part of a
5 larger tract that has been divided into 3 or more smaller
6 tracts that were accepted for recording during the period from
7 1950 to 1990, then the parcel shall be deemed to have been
8 subdivided, and all proceedings and actions of the municipality
9 taken in that connection with respect to any previously
10 approved or designated redevelopment project area or amended
11 redevelopment project area are hereby validated and hereby
12 declared to be legally sufficient for all purposes of this Act.
13 For purposes of this Section and only for land subject to the
14 subdivision requirements of the Plat Act, land is subdivided
15 when the original plat of the proposed Redevelopment Project
16 Area or relevant portion thereof has been properly certified,
17 acknowledged, approved, and recorded or filed in accordance
18 with the Plat Act and a preliminary plat, if any, for any
19 subsequent phases of the proposed Redevelopment Project Area or
20 relevant portion thereof has been properly approved and filed
21 in accordance with the applicable ordinance of the
22 municipality.
23     (w) "Annual Total Increment" means the sum of each
24 municipality's annual Net Sales Tax Increment and each
25 municipality's annual Net Utility Tax Increment. The ratio of
26 the Annual Total Increment of each municipality to the Annual
27 Total Increment for all municipalities, as most recently
28 calculated by the Department, shall determine the proportional
29 shares of the Illinois Tax Increment Fund to be distributed to
30 each municipality.
31 (Source: P.A. 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; 92-624,
32 eff. 7-11-02; 92-651, eff. 7-11-02; 93-298, eff. 7-23-03.)
 
33     (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)

 

 

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1     Sec. 11-74.4-7. Obligations secured by the special tax
2 allocation fund set forth in Section 11-74.4-8 for the
3 redevelopment project area may be issued to provide for
4 redevelopment project costs. Such obligations, when so issued,
5 shall be retired in the manner provided in the ordinance
6 authorizing the issuance of such obligations by the receipts of
7 taxes levied as specified in Section 11-74.4-9 against the
8 taxable property included in the area, by revenues as specified
9 by Section 11-74.4-8a and other revenue designated by the
10 municipality. A municipality may in the ordinance pledge all or
11 any part of the funds in and to be deposited in the special tax
12 allocation fund created pursuant to Section 11-74.4-8 to the
13 payment of the redevelopment project costs and obligations. Any
14 pledge of funds in the special tax allocation fund shall
15 provide for distribution to the taxing districts and to the
16 Illinois Department of Revenue of moneys not required, pledged,
17 earmarked, or otherwise designated for payment and securing of
18 the obligations and anticipated redevelopment project costs
19 and such excess funds shall be calculated annually and deemed
20 to be "surplus" funds. In the event a municipality only applies
21 or pledges a portion of the funds in the special tax allocation
22 fund for the payment or securing of anticipated redevelopment
23 project costs or of obligations, any such funds remaining in
24 the special tax allocation fund after complying with the
25 requirements of the application or pledge, shall also be
26 calculated annually and deemed "surplus" funds. All surplus
27 funds in the special tax allocation fund shall be distributed
28 annually within 180 days after the close of the municipality's
29 fiscal year by being paid by the municipal treasurer to the
30 County Collector, to the Department of Revenue and to the
31 municipality in direct proportion to the tax incremental
32 revenue received as a result of an increase in the equalized
33 assessed value of property in the redevelopment project area,
34 tax incremental revenue received from the State and tax

 

 

09300SB2411sam002 - 44 - SDS093 00079 LMT 40030 a

1 incremental revenue received from the municipality, but not to
2 exceed as to each such source the total incremental revenue
3 received from that source. The County Collector shall
4 thereafter make distribution to the respective taxing
5 districts in the same manner and proportion as the most recent
6 distribution by the county collector to the affected districts
7 of real property taxes from real property in the redevelopment
8 project area.
9     Without limiting the foregoing in this Section, the
10 municipality may in addition to obligations secured by the
11 special tax allocation fund pledge for a period not greater
12 than the term of the obligations towards payment of such
13 obligations any part or any combination of the following: (a)
14 net revenues of all or part of any redevelopment project; (b)
15 taxes levied and collected on any or all property in the
16 municipality; (c) the full faith and credit of the
17 municipality; (d) a mortgage on part or all of the
18 redevelopment project; or (e) any other taxes or anticipated
19 receipts that the municipality may lawfully pledge.
20     Such obligations may be issued in one or more series
21 bearing interest at such rate or rates as the corporate
22 authorities of the municipality shall determine by ordinance.
23 Such obligations shall bear such date or dates, mature at such
24 time or times not exceeding 20 years from their respective
25 dates, be in such denomination, carry such registration
26 privileges, be executed in such manner, be payable in such
27 medium of payment at such place or places, contain such
28 covenants, terms and conditions, and be subject to redemption
29 as such ordinance shall provide. Obligations issued pursuant to
30 this Act may be sold at public or private sale at such price as
31 shall be determined by the corporate authorities of the
32 municipalities. No referendum approval of the electors shall be
33 required as a condition to the issuance of obligations pursuant
34 to this Division except as provided in this Section.

 

 

09300SB2411sam002 - 45 - SDS093 00079 LMT 40030 a

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

 

 

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

 

 

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

 

 

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1 December 18, 1986 by the City of Moline, or (L) if the
2 ordinance was adopted in September 1988 by Sauk Village, or (M)
3 if the ordinance was adopted in October 1993 by Sauk Village,
4 or (N) if the ordinance was adopted on December 29, 1986 by the
5 City of Galva, or (O) if the ordinance was adopted in March
6 1991 by the City of Centreville, or (P) if the ordinance was
7 adopted on January 23, 1991 by the City of East St. Louis, or
8 (Q) if the ordinance was adopted on December 22, 1986 by the
9 City of Aledo, or (R) if the ordinance was adopted on February
10 5, 1990 by the City of Clinton, or (S) if the ordinance was
11 adopted on September 6, 1994 by the City of Freeport, or (T) if
12 the ordinance was adopted on December 22, 1986 by the City of
13 Tuscola, or (U) if the ordinance was adopted on December 23,
14 1986 by the City of Sparta, or (V) if the ordinance was adopted
15 on December 23, 1986 by the City of Beardstown, or (W) if the
16 ordinance was adopted on April 27, 1981, October 21, 1985, or
17 December 30, 1986 by the City of Belleville, or (X) if the
18 ordinance was adopted on December 29, 1986 by the City of
19 Collinsville, or (Y) if the ordinance was adopted on September
20 14, 1994 by the City of Alton, or (Z) if the ordinance was
21 adopted on November 11, 1996 by the City of Lexington, or (AA)
22 if the ordinance was adopted on November 5, 1984 by the City of
23 LeRoy, or (BB) if the ordinance was adopted on April 3, 1991 or
24 June 3, 1992 by the City of Markham, or (CC) if the ordinance
25 was adopted on January 19, 1988 by the City of Waukegan, or
26 (DD) if the ordinance was adopted on September 21, 1998 by the
27 City of Waukegan, or (EE) if the ordinance was adopted on
28 December 15, 1981 by the City of Champaign, or (FF) if the
29 ordinance was adopted on December 15, 1986 by the City of
30 Urbana, or (GG) if the ordinance was adopted on November 30,
31 1986 by the City of Effingham and, for redevelopment project
32 areas for which bonds were issued before July 29, 1991, in
33 connection with a redevelopment project in the area within the
34 State Sales Tax Boundary and which were extended by municipal

 

 

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1 ordinance under subsection (n) of Section 11-74.4-3, the last
2 maturity of the refunding obligations shall not be expressed to
3 mature later than the date on which the redevelopment project
4 area is terminated or December 31, 2013, whichever date occurs
5 first.
6     In the event a municipality issues obligations under home
7 rule powers or other legislative authority the proceeds of
8 which are pledged to pay for redevelopment project costs, the
9 municipality may, if it has followed the procedures in
10 conformance with this division, retire said obligations from
11 funds in the special tax allocation fund in amounts and in such
12 manner as if such obligations had been issued pursuant to the
13 provisions of this division.
14     All obligations heretofore or hereafter issued pursuant to
15 this Act shall not be regarded as indebtedness of the
16 municipality issuing such obligations or any other taxing
17 district for the purpose of any limitation imposed by law.
18 (Source: P.A. 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; 92-624,
19 eff. 7-11-02; 92-651, eff. 7-11-02; 93-298, eff. 7-23-03.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".