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(20 ILCS 655/5) (from Ch. 67 1/2, par. 605)
Sec. 5.
Initiation of Enterprise Zones by Municipality or County.
(a) No area may be designated as an enterprise zone except pursuant to an
initiating ordinance adopted in accordance with this Section.
(b) A county or municipality may by ordinance designate an area within
its jurisdiction as an enterprise zone, subject to the certification of
the Department in accordance with this Act, if:
(i) the area is qualified in accordance with Section 4; and
(ii) the county or municipality has conducted at least one public hearing
within the proposed zone area on the question of whether to create the zone,
what local plans, tax incentives and other programs should be established
in connection with the zone, and what the boundaries of the zone should
be; public notice of such hearing shall be published in at least one newspaper
of general circulation within the zone area, not more than 20 days nor less
than 5 days before the hearing.
(c) An ordinance designating an area as an enterprise zone shall set forth:
(i) a precise description of the area comprising the zone, either in the
form of a legal description or by reference to roadways, lakes and waterways,
and township, county boundaries;
(ii) a finding that the zone area meets the qualifications of Section 4;
(iii) provisions for any tax incentives or reimbursement for taxes, which
pursuant to state and federal
law apply to business enterprises within the zone at the election of the
designating county or municipality, and which are not applicable throughout
the county or municipality;
(iv) a designation of the area as an enterprise zone, subject to the approval
of the Department in accordance with this Act;
(v) the duration or term of the enterprise zone.
(d) This Section does not prohibit a municipality or county from extending
additional tax incentives or reimbursement for business enterprises in Enterprise
Zones or throughout their territory by separate ordinance.
(e) No county or municipality located within the Metro East Mass
Transit District which adopts an ordinance designating an area within the
District as an Enterprise Zone shall provide for any exemption, deduction,
credit, refund or abatement of any taxes imposed by the Metro East Mass
Transit District Board of Trustees under Section 5.01 of the "Local Mass
Transit District Act", approved July 21, 1959, as amended.
(f) The Department shall encourage applications from all areas of the
State and shall actively solicit applications from those counties with
populations of less than 300,000.
(Source: P.A. 85-870.)
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