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90_HB1374ccr001
LRB9001775MWksccr
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 1374
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 1374, recommend the following:
11 (1) that the Senate recede from Senate Amendment No. 1;
12 and
13 (2) that House Bill 1374 be amended as follows:
14 by replacing the title with the following:
15 "AN ACT concerning units of local government."; and
16 by replacing everything after the enacting clause with the
17 following:
18 "Section 1. Short title. This Act may be cited as the
19 County Economic Development Project Area Tax Increment
20 Allocation Act of 1997.
21 Section 5. Legislative declaration of public purpose.
22 (a) The General Assembly finds, determines, and declares
23 the following:
24 (1) The loss of job opportunities for the residents
25 of the State is a serious menace to the health, safety,
26 morals and general welfare of the people of the entire
27 State.
28 (2) A vigorous growing economy is the basic source
29 of job opportunities.
30 (3) Protection against the economic burdens
31 associated with the loss of job opportunities, the
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1 consequent spread of economic stagnation, and the
2 resulting harm to the tax base of the State can best be
3 provided by promoting, attracting, stimulating,
4 retaining, and revitalizing industry, manufacturing, and
5 commerce within the State.
6 (4) The continual encouragement, development,
7 growth, and expansion of commercial businesses and
8 industrial and manufacturing facilities within the State
9 requires a cooperative and continuous partnership between
10 government and the private sector.
11 (5) The State has a responsibility to help create a
12 favorable climate for new and improved job opportunities
13 for its citizens and to increase the tax base of the
14 State and its political subdivisions by encouraging the
15 development by the private sector of new commercial
16 businesses and industrial and manufacturing facilities
17 and the retention of existing commercial businesses and
18 industrial and manufacturing facilities within the State.
19 (6) Loss of job opportunities within the State has
20 persisted, despite efforts of State and local authorities
21 and private organizations to attract new commercial
22 businesses and industrial and manufacturing facilities to
23 the State and to retain existing commercial businesses
24 and industrial and manufacturing facilities within the
25 State, and there continue to be counties within the State
26 experiencing low rates of private investment for
27 commercial businesses and industrial and manufacturing
28 facilities.
29 (7) Persistent loss of job opportunities and the
30 existence of counties with low rates of private
31 investment for commercial businesses and industrial and
32 manufacturing facilities. within the State may continue
33 and worsen if the State and its political subdivisions
34 are not able to provide additional incentives to
35 commercial businesses and industrial and manufacturing
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1 facilities to locate or to remain in the State.
2 (8) The provision of additional incentives by the
3 State and its political subdivisions is intended to
4 relieve conditions of unemployment, maintain existing
5 levels of employment, create new job opportunities,
6 retain jobs within the State, increase industry and
7 commerce within the State, thereby creating job
8 opportunities for the residents of the State and reducing
9 the evils attendant upon unemployment, and increase the
10 tax base of the State and its political subdivisions.
11 (b) It is hereby declared to be the policy of the State,
12 in the interest of promoting the health, safety, morals, and
13 general welfare of all the people of the State, to provide
14 incentives that will create new job opportunities and retain
15 existing commercial businesses and industrial and
16 manufacturing facilities within the State, and it is further
17 determined and declared that the relief of conditions of
18 unemployment, the maintenance of existing levels of
19 employment, the creation of new job opportunities, the
20 retention of existing commercial businesses and industrial
21 and manufacturing facilities within the State, the promotion
22 of new commercial businesses and industrial and manufacturing
23 facilities within the State, the increase of industry and
24 commerce within the State, the reduction of the evils
25 attendant upon unemployment, and the increase of the tax base
26 of the State and its political subdivisions are public
27 purposes and for the public safety, benefit, and welfare of
28 the residents of this State.
29 Section 10. Definitions. In this Act, words or terms
30 have the following meanings:
31 (a) "Economic development plan" means the written plan
32 of a county that sets forth an economic development program
33 for an economic development project area. Each economic
34 development plan shall include but not be limited to (i)
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1 estimated economic development project costs, (ii) the
2 sources of funds to pay those costs, (iii) the nature and
3 term of any obligations to be issued by the county to pay
4 those costs, (iv) the most recent equalized assessed
5 valuation of the economic development project area, (v) an
6 estimate of the equalized assessed valuation of the economic
7 development project area after completion of an economic
8 development project, (vi) the estimated date of completion of
9 any economic development project proposed to be undertaken,
10 (vii) a general description of any proposed developer, user,
11 or tenant of any property to be located or improved within
12 the economic development project area, (viii) a description
13 of the type, structure, and general character of the
14 facilities to be developed or improved, (ix) a report, which
15 may be in preliminary form, of an independent engineer,
16 architect, or other professional indicating that any proposed
17 manufacturing, industrial, research, or similar facility
18 included in a proposed economic development project for a
19 proposed economic development project area uses proven
20 technology or uses innovative technology for which there is
21 reasonable evidence of technological feasibility, (x) a
22 description of the general land uses to apply in the economic
23 development project area, (xi) a description of the type,
24 class, and number of employees to be employed in the
25 operation of the facilities to be developed or improved, and
26 (xii) a commitment by the county to fair employment practices
27 and an affirmative action plan with respect to any economic
28 development program to be undertaken by the county.
29 (b) "Economic development project" means any development
30 project in furtherance of the objectives of this Act.
31 (c) "Economic development project area" means any
32 improved or vacant area that (i) is located in a non-urban
33 county as defined in subsection (e) of this Section, (ii) is
34 contiguous, (iii) is not less in the aggregate than 2,500
35 acres, (iv) is suitable for siting by a commercial,
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1 manufacturing, industrial, research, or transportation
2 enterprise or facilities to include but not be limited to
3 commercial businesses, offices, factories, mills, processing
4 plants, industrial or commercial distribution centers,
5 warehouses, repair overhaul or service facilities, freight
6 terminals, research facilities, test facilities, or
7 transportation facilities, regardless of whether the area has
8 been used at any time for those facilities and regardless of
9 whether the area has been used or is suitable for other uses,
10 including commercial agricultural purposes, and (v) has been
11 approved and certified by the corporate authorities of the
12 county pursuant to this Act.
13 (d) "Economic development project costs" means and
14 includes the total of all reasonable or necessary costs
15 incurred or to be incurred by a county or by a
16 nongovernmental person pursuant to an economic development
17 project, including, without limitation, the following:
18 (1) Costs of studies, surveys, development of plans
19 and specifications, and implementation and administration
20 of an economic development plan and personnel and
21 professional service costs for architectural,
22 engineering, legal, marketing, financial, planning,
23 police, fire, public works, or other services. No
24 charges for professional services, however, may be based
25 on a percentage of incremental tax revenues.
26 (2) Property assembly costs within an economic
27 development project area, including but not limited to
28 acquisition of land and other real or personal property
29 or rights or interests in property.
30 (3) Site preparation costs, including but not
31 limited to clearance of any area within an economic
32 development project area by demolition or removal of any
33 existing buildings, structures, fixtures, utilities, and
34 improvements and clearing and grading; and including
35 installation, repair, construction, reconstruction, or
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1 relocation of public streets, public utilities, and other
2 public site improvements located outside the boundaries
3 of an economic development project area that are
4 essential to the preparation of the economic development
5 project area for use in accordance with an economic
6 development plan.
7 (4) Costs of renovation, rehabilitation,
8 reconstruction, relocation, repair, or remodeling of any
9 existing buildings, improvements, and fixtures within an
10 economic development project area.
11 (5) Costs of installation or construction within an
12 economic development project area of any buildings,
13 structures, works, streets, improvements, utilities, or
14 fixtures, whether publicly or privately owned or
15 operated.
16 (6) Financing costs, including but not limited to
17 all necessary and incidental expenses related to the
18 issuance of obligations, payment of any interest on any
19 obligations issued under this Act that accrues during the
20 estimated period of construction of any economic
21 development project for which the obligations are issued
22 and for not more than 36 months after that period, and
23 any reasonable reserves related to the issuance of the
24 obligations.
25 (7) All or a portion of a taxing district's capital
26 costs resulting from an economic development project
27 necessarily incurred or estimated to be incurred by a
28 taxing district in the furtherance of the objectives of
29 an economic development project, to the extent that the
30 county by written agreement accepts and approves those
31 costs.
32 (8) Relocation costs to the extent that a county
33 determines that relocation costs shall be paid or is
34 required to pay relocation costs by federal or State law.
35 (9) The estimated tax revenues from real property
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1 in an economic development project area acquired by a
2 county that, according to the economic development plan,
3 is to be used for a private use (i) that any taxing
4 district would have received had the county not adopted
5 tax increment allocation financing for an economic
6 development project area and (ii) that would result from
7 the taxing district's levies made after the time of the
8 adoption by the county of tax increment allocation
9 financing to the time the current equalized assessed
10 value of real property in the economic development
11 project area exceeds the total initial equalized value of
12 real property.
13 (10) Costs of rebating ad valorem taxes paid by any
14 developer or other nongovernmental person in whose name
15 the general taxes were paid for the last preceding year
16 on any lot, block, tract, or parcel of land in the
17 economic development project area, provided that:
18 (A) the ad valorem taxes shall be rebated only
19 in amounts and for a tax year or years as the county
20 and any one or more affected taxing districts have
21 agreed by prior written agreement;
22 (B) any amount of rebate of taxes shall not
23 exceed the portion, if any, of taxes levied by the
24 county or taxing district or districts that is
25 attributable to the increase in the current
26 equalized assessed valuation of each taxable lot,
27 block, tract, or parcel of real property in the
28 economic development project area over and above the
29 initial equalized assessed value of each property
30 existing at the time property tax allocation
31 financing was adopted for the economic development
32 project area; and
33 (C) costs of rebating ad valorem taxes shall
34 be paid by a county solely from the special tax
35 allocation fund established under this Act and shall
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1 not be paid from the proceeds of any obligations
2 issued by a county.
3 (11) Costs of job training or advanced vocational
4 or career education, including but not limited to courses
5 in occupational, semi-technical, or technical fields
6 leading directly to employment, incurred by one or more
7 taxing districts, but only if the costs are related to
8 the establishment and maintenance of additional job
9 training, advanced vocational education, or career
10 education programs for persons employed or to be employed
11 by employers located in the economic development project
12 area and only if, when the costs are incurred by a taxing
13 district or taxing districts other than the county, they
14 shall be set forth in a written agreement by or among the
15 county and the taxing district or taxing districts that
16 describes the program to be undertaken, including without
17 limitation 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 the costs, and the term of the agreement.
22 These costs include, specifically, the payment by
23 community college districts of costs pursuant to Sections
24 3-37, 3-38, 3-40 and 3-40.1 of the Public Community
25 College Act and by school districts of costs pursuant to
26 Sections 10-22.20 and 10-23.3a of the School Code.
27 (12) Private financing costs incurred by a
28 developer or other nongovernmental person in connection
29 with an economic development project, provided that:
30 (A) private financing costs shall be paid or
31 reimbursed by a county only pursuant to the prior
32 official action of the county evidencing an intent
33 to pay or reimburse such private financing costs;
34 (B) except as provided in subparagraph (D),
35 the aggregate amount of the costs paid or reimbursed
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1 by a county in any one year shall not exceed 30% of
2 the costs paid or incurred by the developer or other
3 nongovernmental person in that year;
4 (C) private financing costs shall be paid or
5 reimbursed by a county solely from the special tax
6 allocation fund established under this Act and shall
7 not be paid from the proceeds of any obligations
8 issued by a county; and
9 (D) if there are not sufficient funds
10 available in the special tax allocation fund in any
11 year to make the payment or reimbursement in full,
12 any amount of the interest costs remaining to be
13 paid or reimbursed by a county shall accrue and be
14 payable when funds are available in the special tax
15 allocation fund to make the payment.
16 (e) A "non-urban county" means a county which, on the
17 date the corporate authorities of the county establish an
18 economic development project area as provided in this Act,
19 (i) does not have a population of less than 30,000 or in
20 excess of 38,000 and (ii) in which not more than 25% of the
21 total employees of private nonfarm establishments were
22 engaged in manufacturing during the previous calendar year,
23 as certified by the Illinois Department of Employment
24 Security.
25 (f) "Obligations" means any instrument evidencing the
26 obligation of a county to pay money, including without
27 limitation bonds, notes, installment or financing contracts,
28 certificates, tax anticipation warrants or notes, vouchers,
29 and any other evidence of indebtedness.
30 (g) "Taxing districts" means counties, townships, and
31 school, road, park, sanitary, mosquito abatement, forest
32 preserve, public health, fire protection, river conservancy,
33 tuberculosis sanitarium, and any other districts or other
34 municipal corporations with the power to levy taxes.
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1 Section 15. Establishment of economic development
2 project areas; Notice.
3 (a) The corporate authorities of a county shall by
4 ordinance propose the establishment of an economic
5 development project area and fix a time and place for a
6 public hearing.
7 (b) Notice of the public hearing shall be given by
8 publication and mailing. Notice by publication shall be given
9 by publication at least twice, the first publication to be
10 not more than 30 nor less than 10 days before the hearing in
11 a newspaper of general circulation within the taxing
12 districts having property in the proposed economic
13 development project area. Notice by mailing shall be given
14 by depositing the notice together with a copy of the proposed
15 economic development plan in the United States mails by
16 certified mail addressed to the person or persons in whose
17 name the general taxes for the last preceding year were paid
18 on each lot, block, tract, or parcel of land lying within the
19 economic development project area. The notice shall be
20 mailed not less than 10 days before the date set for the
21 public hearing. If taxes for the last preceding year were
22 not paid, the notice shall also be sent to the persons last
23 listed on the tax rolls within the preceding 3 years as the
24 owners of the property.
25 (c) The notices issued under this Section shall include
26 the following:
27 (1) The time and place of the public hearing.
28 (2) The boundaries of the proposed economic
29 development project area by legal description and by
30 street location where possible.
31 (3) A notification that all interested persons will
32 be given an opportunity to be heard at the public
33 hearing.
34 (4) An invitation for any person to submit
35 alternative proposals or bids for any proposed
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1 conveyance, lease, mortgage, or other disposition of land
2 within the proposed economic development project area.
3 (5) A description of the economic development plan
4 or economic development project for the proposed economic
5 development project area if a plan or project is the
6 subject matter of the hearing.
7 (6) Other matters the county deems appropriate.
8 (d) Not less than 30 days before the date set for the
9 hearing, the county shall give notice by mail as provided in
10 this Section to all taxing districts that have taxable
11 property included in the economic development project area.
12 In addition to the other requirements of this Section, the
13 notice shall include the following:
14 (1) An invitation, to a representative designated
15 by the taxing district, to serve as a member of a joint
16 review board and to attend a meeting of the joint review
17 board to be held not less than 15 days before the public
18 hearing for the purpose of reviewing the proposed
19 economic development plan.
20 (2) Information as to the time, date, and place of
21 the meeting of the joint review board.
22 (3) A statement that the joint review board is
23 invited to submit any oral or written comments on the
24 proposed economic development project at or before the
25 public hearing and the name, address, and telephone
26 number of the person designated by the county to receive
27 comments before the public hearing.
28 (4) A copy of the proposed economic development
29 plan if the economic development plan is the subject of
30 the public hearing.
31 Section 20. Public hearing. At the public hearing, any
32 interested person or any affected taxing district may file
33 with the county clerk written objections and may be heard
34 orally with respect to any issues embodied in the notice.
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1 The county shall hear and determine all protests and
2 objections at the hearing, and the hearing may be adjourned
3 to another date without further notice other than a motion to
4 be entered upon the minutes fixing the time and place of the
5 adjourned hearing. Public hearings with regard to an
6 economic development plan, economic development project area,
7 or economic development project may be held simultaneously.
8 Section 25. Changes in plan.
9 (a) At the public hearing or at any time before the
10 adoption by the county of an ordinance approving an economic
11 development plan, the county may make changes in the economic
12 development plan. Changes that (i) alter the exterior
13 boundaries of the proposed economic development project area,
14 (ii) substantially affect the general land uses proposed in
15 the proposed economic development plan, (iii) substantially
16 change the nature of the proposed economic development
17 project, (iv) change the general description of any proposed
18 developer, user, or tenant of any property to be located or
19 improved within the proposed economic development project
20 area, or (v) change the description or the type, class, and
21 number of employees to be employed in the operation of the
22 facilities to be developed or improved within the economic
23 development project area shall be made only after notice and
24 hearing pursuant to the procedures set forth in this Section.
25 (b) Changes that do not (i) alter the exterior
26 boundaries of a proposed economic development project area,
27 (ii) substantially affect the general land uses proposed in
28 the proposed economic development plan, (iii) substantially
29 change the nature of the proposed economic development
30 project, (iv) change the general description of any proposed
31 developer, user, or tenant of any property to be located or
32 improved within the economic development project area, or (v)
33 change the description of the type, class, and number of
34 employees to be employed in the operation of the facilities
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1 to be developed or improved within the economic development
2 project area may be made without further hearing, provided
3 that the county shall give notice of its changes by mail to
4 each affected taxing district and by publication in a
5 newspaper or newspapers of general circulation within the
6 affected taxing district. The notice by mail and by
7 publication shall each be given not later than 10 days
8 following the adoption by ordinance of the changes.
9 Section 30. Ordinance adopted after public hearing.
10 (a) At any time within 30 days of the final adjournment
11 of the public hearing, a county may, by ordinance, approve
12 the economic development plan, establish the economic
13 development project area, and authorize tax increment
14 allocation financing for the economic development project
15 area. Any ordinance adopted that approves the economic
16 development plan shall contain findings (i) that the economic
17 development project is reasonably expected to create or
18 retain not fewer than 100 full-time equivalent jobs within a
19 stated period after the completion of the proposed economic
20 development project (the period being reasonable in light of
21 the nature, type, and size of the proposed project), (ii)
22 that private investment in an amount not less than
23 $100,000,000 is reasonably expected to occur as a result of
24 the economic development project, (iii) that the economic
25 development project will encourage the increase of commerce
26 and industry within the State, thereby reducing the evils
27 attendant upon unemployment and increasing opportunities for
28 personal income, and (iv) that the economic development
29 project will increase or maintain the property, sales, and
30 income tax bases of the county and of the State. Any
31 ordinance adopted that establishes an economic development
32 project area shall contain the boundaries of the area by
33 legal description and, where possible, by street location.
34 Any ordinance adopted that authorizes tax increment
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1 allocation financing shall provide that the ad valorem taxes,
2 if any, arising from the levies upon taxable real property in
3 the economic development project area by taxing districts and
4 tax rates determined in the manner provided in subsection
5 (b) of Section 45 each year after the effective date of the
6 ordinance until economic development project costs and all
7 county obligations financing economic development project
8 costs incurred under this Act have been paid shall be divided
9 as follows:
10 (1) That portion of taxes levied upon each taxable
11 lot, block, tract, or parcel of real property that is
12 attributable to the lower of the current equalized
13 assessed value or the initial equalized assessed value of
14 each taxable lot, block, tract, or parcel of real
15 property in the economic development project area shall
16 be allocated to (and when collected shall be paid by the
17 county collector to) the respective affected taxing
18 districts in the manner required by law in the absence of
19 the adoption of tax increment allocation financing.
20 (2) That portion, if any, of the taxes that is
21 attributable to the increase in the current equalized
22 assessed valuation of each taxable lot, block, tract, or
23 parcel of real property in the economic development
24 project area over and above the initial equalized
25 assessed value of each property in the economic
26 development project area shall be allocated to (and when
27 collected shall be paid to) the county treasurer, who
28 shall deposit the taxes into a special fund called the
29 special tax allocation fund of the county for the purpose
30 of paying economic development project costs and
31 obligations incurred in the payment of those costs.
32 (b) In adopting an ordinance or ordinances under this
33 Section, the county shall consider (i) whether, without
34 public intervention, the economic development project area
35 would not otherwise benefit from private investment offering
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1 substantial employment opportunities and economic growth and
2 (ii) the impact on the revenues of the affected taxing
3 districts of the use of tax increment allocation financing
4 for the proposed economic development project.
5 Section 35. Amendment of plan.
6 (a) After a county has by ordinance approved an economic
7 development plan and established an economic development
8 project area, the plan may be amended and the boundaries of
9 the area may be altered only as provided in this Section.
10 Amendments that (i) alter the exterior boundaries of the
11 proposed economic development project area, (ii)
12 substantially affect the general land uses proposed in the
13 proposed economic development plan, (iii) substantially
14 change the nature of the proposed economic development
15 project, (iv) change the general description of any proposed
16 developer, user, or tenant of any property to be located or
17 improved within the proposed economic development project
18 area, or (v) change the description or the type, class, and
19 number of employees to be employed in the operation of the
20 facilities to be developed or improved within the economic
21 development project area shall be made only after notice and
22 a hearing pursuant to the procedures set forth in this Act.
23 (b) Amendments that do not (i) alter the exterior
24 boundaries of a proposed economic development project area,
25 (ii) substantially affect the general land uses proposed in
26 the proposed economic development plan, (iii) substantially
27 change the nature of the proposed economic development
28 project, (iv) change the general description of any proposed
29 developer, user, or tenant of any property to be located or
30 improved within the economic development project area, or (v)
31 change the description of the type, class, and number of
32 employees to be employed in the operation of the facilities
33 to be developed or improved within the economic development
34 project area may be made without further hearing, provided
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1 that the county shall give notice of its changes by mail to
2 each affected taxing district and by publication in a
3 newspaper or newspapers of general circulation within the
4 affected taxing district. The notice by mail and by
5 publication shall each be given not later than 10 days
6 following the adoption by ordinance of the amendment.
7 Section 40. Limitation on number of economic development
8 project areas. No county shall be authorized under this Act
9 to establish economic development project areas and to adopt
10 tax increment allocation financing for those areas later than
11 20 months following the effective date of this Act.
12 Section 45. Filing with county clerk; certification of
13 initial equalized assessed value.
14 (a) A county that has by ordinance approved an economic
15 development plan, established an economic development project
16 area, and adopted tax increment allocation financing for that
17 area shall file certified copies of the ordinance or
18 ordinances with the county clerk. Upon receiving the
19 ordinance or ordinances, the county clerk shall immediately
20 determine (i) the most recently ascertained equalized
21 assessed value of each lot, block, tract, or parcel of real
22 property within the economic development project area from
23 which shall be deducted the homestead exemptions provided by
24 Sections 15-170 and 15-175 of the Property Tax Code (that
25 value being the "initial equalized assessed value" of each
26 such piece of property) and (ii) the total equalized assessed
27 value of all taxable real property within the economic
28 development project area by adding together the most recently
29 ascertained equalized assessed value of each taxable lot,
30 block, tract, or parcel of real property within the economic
31 development project area, from which shall be deducted the
32 homestead exemptions provided by Sections 15-170 and 15-175
33 of the Property Tax Code, and shall certify that amount as
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1 the "total initial equalized assessed value" of the taxable
2 real property within the economic development project area.
3 (b) After the county clerk has certified the "total
4 initial equalized assessed value" of the taxable real
5 property in the economic development project area, then in
6 respect to every taxing district containing an economic
7 development project area, the county clerk or any other
8 official required by law to ascertain the amount of the
9 equalized assessed value of all taxable property within the
10 taxing district for the purpose of computing the rate per
11 cent of tax to be extended upon taxable property within the
12 taxing district shall, in every year that tax increment
13 allocation financing is in effect, ascertain the amount of
14 value of taxable property in an economic development project
15 area by including in that amount the lower of the current
16 equalized assessed value or the certified "total initial
17 equalized assessed value" of all taxable real property in the
18 area. The rate per cent of tax determined shall be extended
19 to the current equalized assessed value of all property in
20 the economic development project area in the same manner as
21 the rate per cent of tax is extended to all other taxable
22 property in the taxing district. The method of extending
23 taxes established under this Section shall terminate when the
24 county adopts an ordinance dissolving the special tax
25 allocation fund for the economic development project area.
26 This Act shall not be construed as relieving property owners
27 within an economic development project area from paying a
28 uniform rate of taxes upon the current equalized assessed
29 value of their taxable property as provided in the Property
30 Tax Code.
31 Section 50. Special tax allocation fund.
32 (a) If a county clerk has certified the "total initial
33 equalized assessed value" of the taxable real property within
34 an economic development project area in the manner provided
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1 in Section 45, each year after the date of the certification
2 by the county clerk of the "total initial equalized assessed
3 value", until economic development project costs and all
4 county obligations financing economic development project
5 costs have been paid, the ad valorem taxes, if any, arising
6 from the levies upon the taxable real property in the
7 economic development project area by taxing districts and tax
8 rates determined in the manner provided in subsection (b) of
9 Section 45 shall be divided as follows:
10 (1) That portion of the taxes levied upon each
11 taxable lot, block, tract, or parcel of real property
12 that is attributable to the lower of the current
13 equalized assessed value or the initial equalized
14 assessed value of each taxable lot, block, tract, or
15 parcel of real property existing at the time tax
16 increment financing was adopted shall be allocated to
17 (and when collected shall be paid by the county collector
18 to) the respective affected taxing districts in the
19 manner required by law in the absence of the adoption of
20 tax increment allocation financing.
21 (2) That portion, if any, of the taxes that is
22 attributable to the increase in the current equalized
23 assessed valuation of each taxable lot, block, tract, or
24 parcel of real property in the economic development
25 project area, over and above the initial equalized
26 assessed value of each property existing at the time tax
27 increment financing was adopted, shall be allocated to
28 (and when collected shall be paid to) the county
29 treasurer, who shall deposit the taxes into a special
30 fund (called the special tax allocation fund of the
31 county) for the purpose of paying economic development
32 project costs and obligations incurred in the payment of
33 those costs.
34 (b) The county, by an ordinance adopting tax increment
35 allocation financing, may pledge the monies in and to be
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1 deposited into the special tax allocation fund for the
2 payment of obligations issued under this Act and for the
3 payment of economic development project costs. No part of
4 the current equalized assessed valuation of each property in
5 the economic development project area attributable to any
6 increase above the total initial equalized assessed value of
7 those properties shall be used in calculating the general
8 State school aid formula under Section 18-8 of the School
9 Code until all economic development projects costs have been
10 paid as provided for in this Section.
11 (c) When the economic development projects costs,
12 including without limitation all county obligations financing
13 economic development project costs incurred under this Act,
14 have been paid, all surplus monies then remaining in the
15 special tax allocation fund shall be distributed by being
16 paid by the county treasurer to the county collector, who
17 shall immediately pay the monies to the taxing districts
18 having taxable property in the economic development project
19 area in the same manner and proportion as the most recent
20 distribution by the county collector to those taxing
21 districts of real property taxes from real property in the
22 economic development project area.
23 (d) Upon the payment of all economic development project
24 costs, retirement of obligations, and distribution of any
25 excess monies under this Section, the county shall adopt an
26 ordinance dissolving the special tax allocation fund for the
27 economic development project area and terminating the
28 designation of the economic development project area as an
29 economic development project area. Thereafter, the rates of
30 the taxing districts shall be extended and taxes shall be
31 levied, collected, and distributed in the manner applicable
32 in the absence of the adoption of tax increment allocation
33 financing.
34 (e) Nothing in this Section shall be construed as
35 relieving property in the economic development project areas
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1 from being assessed as provided in the Property Tax Code or
2 as relieving owners of that property from paying a uniform
3 rate of taxes as required by Section 4 of Article 9 of the
4 Illinois Constitution.
5 Section 55. Issuance of obligations for economic
6 development project costs.
7 (a) Obligations secured by the special tax allocation
8 fund provided for in Section 50 for the economic development
9 project area may be issued to provide for the payment of
10 economic development project costs. The obligations, when
11 issued, shall be retired in the manner provided in the
12 ordinance authorizing the issuance of the obligations by the
13 receipts of taxes levied as specified in Section 45 against
14 the taxable property included in the economic development
15 project area and by other revenue designated or pledged by
16 the county. A county may in the ordinance pledge all or any
17 part of the monies in and to be deposited into the special
18 tax allocation fund created under Section 50 to the payment
19 of the economic development project costs and obligations.
20 Whenever a county pledges all of the monies to the credit of
21 a special tax allocation fund to secure obligations issued or
22 to be issued to pay economic development project costs, the
23 county may specifically provide that monies remaining to the
24 credit of the special tax allocation fund after the payment
25 of the obligations shall be accounted for annually and shall
26 be deemed to be "surplus" monies, and those "surplus" monies
27 shall be distributed as provided in this Section. Whenever a
28 county pledges less than all of the monies to the credit of
29 the special tax allocation fund to secure obligations issued
30 or to be issued to pay economic development project costs,
31 the county shall provide that monies to the credit of the
32 special tax allocation fund and not subject to the pledge or
33 otherwise encumbered or required for payment of contractual
34 obligations for specific economic development project costs
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1 shall be calculated annually and shall be deemed to be
2 "surplus" monies, and those "surplus" monies shall be
3 distributed as provided in this Section. All monies to the
4 credit of the special tax allocation fund that are deemed to
5 be "surplus" monies shall be distributed annually within 180
6 days after the close of the county's fiscal year by being
7 paid by the county treasurer to the county collector. The
8 county collector shall thereafter make distribution to the
9 respective taxing districts in the same manner and proportion
10 as the most recent distribution by the county collector to
11 those taxing districts of real property taxes from real
12 property in the economic development project area.
13 (b) Without limiting the provisions of subsection (a),
14 the county may, in addition to obligations secured by the
15 special tax allocation fund, pledge (for a period not greater
16 than the term of the obligations) towards payment of those
17 obligations any part or any combination of the following:
18 (i) net revenues of all or part of the economic development
19 project; (ii) taxes levied and collected on any or all
20 property in the county including, specifically, taxes levied
21 or imposed by the county in a special service area under the
22 Special Service Area Tax Act; (iii) the full faith and credit
23 of the county; (iv) a mortgage on part or all of the economic
24 development project; or (v) any other taxes or anticipated
25 receipts that the county may lawfully pledge.
26 (c) The obligations may be issued in one or more series
27 bearing interest at a rate or rates the county determines by
28 ordinance. The rate or rates may be variable or fixed,
29 without regard to any limitations contained in any law now in
30 effect or hereafter adopted. The obligations shall bear a
31 date or dates, mature at a time or times not exceeding 20
32 years from their respective dates (but in no event exceeding
33 23 years from the date of establishment of the economic
34 development project area), be in a denomination, be in a form
35 (whether coupon, registered, or book-entry), carry
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1 registration, conversion, and exchange privileges, be
2 executed in a manner, be payable in a medium of payment at a
3 place or places within or without the State of Illinois,
4 contain covenants, terms, and conditions, be subject to
5 redemption with or without premium, be subject to defeasance
6 upon terms, and have rank or priority as the ordinance
7 provides. Obligations issued under this Act may be sold at
8 public or private sale at a price determined by the corporate
9 authorities of the county. The obligations may, but need
10 not, be issued utilizing the provisions of any one or more of
11 the Omnibus Bond Acts specified in Section 1.33 of the
12 Statute on Statutes. No referendum approval of the electors
13 shall be required as a condition to the issuance of
14 obligations under this Act except as provided in this
15 Section.
16 (d) If the county authorizes the issuance of obligations
17 under this Act secured by the full faith and credit of the
18 county or pledges ad valorem taxes under clause (ii) of
19 subsection (b) of this Section (and the obligations are other
20 than obligations that may be issued under home rule powers
21 provided by Article VII, Section 6 of the Illinois
22 Constitution, or the ad valorem taxes are other than ad
23 valorem taxes that may be pledged under home rule powers
24 provided by Article VII, Section 6 of the Illinois
25 Constitution or that are levied in a special service area
26 under the Special Service Area Tax Act), the ordinance
27 authorizing the issuance of the obligations or pledging those
28 taxes shall be published within 10 days after the ordinance
29 has been passed in one or more newspapers having a general
30 circulation within the county. The publication of the
31 ordinance shall be accompanied by a notice of (i) the
32 specific number of voters required to sign a petition
33 requesting the question of the issuance of the obligations or
34 pledging ad valorem taxes to be submitted to the electors;
35 (ii) the time in which the petition must be filed; and (iii)
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1 the date of the prospective referendum. The county clerk
2 shall provide a petition form to any individual requesting
3 one.
4 (e) If no petition is filed with the clerk of the county
5 that adopted the ordinance within 30 days after the
6 publication of the ordinance, the ordinance shall be in
7 effect. If, however, within that 30-day period a petition is
8 filed with the county clerk, signed by electors numbering not
9 less than 10% of the registered voters in the county, asking
10 that the question of issuing obligations using the full faith
11 and credit of the county as security for the cost of paying
12 for economic development project costs or of pledging ad
13 valorem taxes for the payment of those obligations, or both,
14 be submitted to the electors of the county, the county shall
15 not be authorized to issue obligations of the county using
16 the full faith and credit of the county as security or
17 pledging ad valorem taxes for the payment of the obligations,
18 or both, until the proposition has been submitted to and
19 approved by a majority of the voters voting on the
20 proposition at a regularly scheduled election. The county
21 shall certify the proposition to the proper election
22 authorities for submission in accordance with the general
23 election law.
24 (f) The ordinance authorizing the obligations may
25 provide that the obligations shall contain a recital that
26 they are issued under this Act, and that recital shall be
27 conclusive evidence of their validity and of the regularity
28 of their issuance.
29 (g) If the county authorizes the issuance of obligations
30 under this Act secured by the full faith and credit of the
31 county, the ordinance authorizing the obligations may provide
32 for the levy and collection of a direct annual tax upon all
33 taxable property within the county sufficient to pay the
34 principal of and interest on the obligations as it matures.
35 The levy may be in addition to and exclusive of the maximum
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1 of all other taxes authorized to be levied by the county, but
2 shall be abated to the extent that monies from other sources
3 are available for payment of the obligations and the county
4 certifies the amount of those monies available to the county
5 clerk.
6 (h) A county shall file a certified copy of an
7 ordinance authorizing the issuance of obligations under this
8 Act with the county clerk. The filing shall constitute the
9 authority for the extension and collection of the taxes to be
10 deposited in the special tax allocation fund.
11 (i) A county may also issue its obligations to refund,
12 in whole or in part, obligations previously issued by the
13 county under this Act, whether at or prior to maturity. The
14 last maturity of the refunding obligations, however, shall
15 not be expressed to mature later than 23 years from the date
16 of the ordinance approving the economic development project
17 area.
18 (j) If a county issues obligations under home rule
19 powers or other legislative authority, the proceeds of which
20 are pledged to pay for economic development project costs,
21 the county may, if it has followed the procedures set forth
22 in this Act, retire those obligations from monies in the
23 special tax allocation fund in amounts and a manner as if
24 those obligations had been issued under this Act.
25 (k) No obligations issued under this Act shall be
26 regarded as an indebtedness of the county issuing the
27 obligations or any other taxing district for the purpose of
28 any limitation imposed by law.
29 (l) Obligations issued under this Act shall not be
30 subject to the Bond Authorization Act.
31 Section 60. Powers of counties; economic development
32 project area commissions. In addition to powers that it may
33 now have, a county has the following powers under this Act:
34 (1) To make and enter into all contracts necessary
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1 or incidental to the implementation and furtherance of an
2 economic development plan.
3 (2) Within an economic development project area, to
4 acquire by purchase, donation, lease, or eminent domain
5 and to own, convey, lease, mortgage, or dispose of land
6 and other real or personal property or rights or
7 interests in property and to grant or acquire licenses,
8 easements, and options with respect to property, all in
9 the manner and at a price the county determines is
10 reasonably necessary to achieve the objectives of the
11 economic development project. No conveyance, lease,
12 mortgage, disposition of land, or agreement relating to
13 the development of property shall be made or executed
14 except pursuant to prior official action of the county.
15 No conveyance, lease, mortgage, or other disposition of
16 land, and no agreement relating to the development of
17 property, shall be made without making public disclosure
18 of the terms and disposition of all bids and proposals
19 submitted to the county in connection with that action.
20 (3) To clear any area within an economic
21 development project area by demolition or removal of any
22 existing buildings, structures, fixtures, utilities, or
23 improvements and to clear and grade land.
24 (4) To install, repair, construct, reconstruct, or
25 relocate public streets, public utilities, and other
26 public site improvements located outside the boundaries
27 of an economic development project area that are
28 essential to the preparation of an economic development
29 project area for use in accordance with an economic
30 development plan.
31 (5) To renovate, rehabilitate, reconstruct,
32 relocate, repair, or remodel any existing buildings,
33 improvements, and fixtures within an economic development
34 project area.
35 (6) To install or construct any buildings,
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1 structures, works, streets, improvements, utilities, or
2 fixtures within an economic development project area.
3 (7) To issue obligations as provided in this Act.
4 (8) To fix, charge, and collect fees, rents, and
5 charges for the use of any building, facility, or
6 property or any portion of a building, facility, or
7 property owned or leased by the county within an economic
8 development project area.
9 (9) To accept grants, guarantees, donations of
10 property or labor, or any other thing of value for use in
11 connection with an economic development project.
12 (10) To pay or cause to be paid economic
13 development project costs, including, specifically, to
14 reimburse any nongovernmental person for economic
15 development project costs incurred by that person. Any
16 payments to be made by a county to developers or other
17 nongovernmental persons for economic development project
18 costs incurred by the developer or other nongovernmental
19 person shall be made only pursuant to the prior official
20 action of the county evidencing an intent to pay or cause
21 to be paid those economic development costs. A county is
22 not required to obtain any right, title, or interest in
23 any real or personal property in order to pay economic
24 development project costs associated with the property.
25 The county shall adopt accounting procedures necessary to
26 determine that the economic development project costs are
27 properly paid.
28 (11) To exercise any and all other powers necessary
29 to effectuate the purposes of this Act.
30 (12) To create a commission of not less than 5 or
31 more than 15 persons to be appointed by the corporate
32 authorities of the county. Members of a commission shall
33 be appointed for initial terms of 1, 2, 3, 4, and 5
34 years, respectively, in numbers to provide that the terms
35 of not more than one-third of all the members shall
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1 expire in any one year. Their successors shall be
2 appointed for a term of 5 years. The commission, subject
3 to approval of the corporate authorities, may exercise
4 the powers enumerated in this Section. The commission
5 also may hold the public hearings required by this Act
6 and make recommendations to the corporate authorities
7 concerning the approval of economic development plans,
8 the establishment of economic development project areas,
9 and the adoption of tax increment allocation financing
10 for economic development project areas.
11 Section 65. Conflicts of interest; disclosure.
12 (a) If any member of the corporate authorities of a
13 county or an employee or consultant of the county involved in
14 the planning, analysis, preparation, or administration of an
15 economic development plan or an economic development project
16 (or a proposed economic development plan or proposed economic
17 development project) owns or controls any direct or indirect
18 interest in any property included in an economic development
19 project area or proposed economic development project area,
20 he or she shall disclose the interest in writing to the
21 county clerk. The disclosure shall include the dates, terms,
22 and conditions of any disposition of any such interest. The
23 disclosures shall be acknowledged by the corporate
24 authorities of the county and entered upon the official
25 records and files of the corporate authorities.
26 (b) An individual holding an interest shall refrain from
27 any further official involvement regarding the established or
28 proposed economic development project area, economic
29 development plan, or economic development project and shall
30 also refrain from voting on any matter pertaining to that
31 project, plan, or area and from communicating with any
32 members of the corporate authorities or any employees or
33 consultants of the county regarding any matter relating to
34 the project, plan, or area.
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1 (c) No member of the corporate authorities of the county
2 and no employee of the county shall acquire any direct or
3 indirect interest in any real or personal property or rights
4 or interest in property within an economic development
5 project area or a proposed economic development project area
6 after the person obtains knowledge of the project, plan, or
7 area or after the first public notice of the project, plan,
8 or area is given by the county, whichever first occurs.
9 Section 70. Payment of project costs; revenues from
10 county property. Revenues received by the county from any
11 property, building, or facility owned, leased, or operated by
12 the county or any agency or authority established by the
13 county may be used to pay economic development project costs
14 or reduce outstanding obligations of the county incurred
15 under this Act for economic development project costs. The
16 county may place those revenues in the special tax allocation
17 fund, which shall be held by the county treasurer or other
18 person designated by the county. Revenue received by the
19 county from the sale or other disposition of real property
20 acquired by the county with the proceeds of obligations
21 funded by tax increment allocation financing shall be
22 deposited by the county in the special tax allocation fund.
23 Section 75. Partial invalidity. If any Section,
24 subdivision, paragraph, sentence, or clause of this Act is,
25 for any reason, held to be invalid or unconstitutional, that
26 decision shall not affect any remaining portion, Section or
27 part of this Act that can be given effect without the invalid
28 provision.
29 Section 105. The Bond Authorization Act is amended by
30 changing Section 6 as follows:
31 (30 ILCS 305/6) (from Ch. 17, par. 6606)
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1 Sec. 6. Obligations issued to finance redevelopment
2 projects pursuant to the Tax Increment Allocation
3 Redevelopment Act or economic development projects pursuant
4 to the County Economic Development Project Area Tax Increment
5 Allocation Act of 1997 shall not be subject to the provisions
6 of this Act.
7 (Source: P.A. 84-1418.)
8 Section 110. The Illinois Municipal Code is amended by
9 changing Sections 7-3-6 and 11-74.4-9 as follows:
10 (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
11 Sec. 7-3-6. Disconnection by court order. The owner or
12 owners of record of any area of land consisting of one or
13 more tracts, lying within the corporate limits of any
14 municipality may have such territory disconnected which (1)
15 contains 20 or more acres; (2) is located on the border of
16 the municipality; (3) if disconnected, will not result in the
17 isolation of any part of the municipality from the remainder
18 of the municipality, (4) if disconnected, the growth
19 prospects and plan and zoning ordinances, if any, of such
20 municipality will not be unreasonably disrupted, (5) if
21 disconnected, no substantial disruption will result to
22 existing municipal service facilities, such as, but not
23 limited to, sewer systems, street lighting, water mains,
24 garbage collection and fire protection, (6) if disconnected
25 the municipality will not be unduly harmed through loss of
26 tax revenue in the future, and (7) in counties with a
27 population between 750,000 and 2,000,000, is contiguous to
28 unincorporated territory. The procedure for disconnection
29 shall be as follows: The owner or owners of record of any
30 such area of land shall file a petition in the circuit court
31 of the county where the land is situated, alleging facts in
32 support of the disconnection. The municipality from which
33 disconnection is sought shall be made a defendant, and it, or
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1 any taxpayer residing in that municipality, may appear and
2 defend against the petition. If the court finds that the
3 allegations of the petition are true and that the area of
4 land is entitled to disconnection it shall order the
5 specified land disconnected from the designated municipality.
6 If the circuit court finds that the allegations contained in
7 the petition are not true, the court shall enter an order
8 dismissing the petition.
9 An area of land, or any part thereof, disconnected under
10 the provisions of this section from a municipality which was
11 incorporated at least 2 years prior to the date of the filing
12 of such petition for disconnection shall not be subdivided
13 into lots and blocks within 1 year from the date of such
14 disconnecting. A plat of any such proposed subdivision shall
15 not be accepted for recording or registration within such one
16 year period, unless the land comprising such proposed
17 subdivision shall have been thereafter incorporated into a
18 municipality.
19 (Source: P.A. 83-1362.)
20 (65 ILCS 5/11-74.4-9) (from Ch. 24, par. 11-74.4-9)
21 Sec. 11-74.4-9. (a) If a municipality by ordinance
22 provides for tax increment allocation financing pursuant to
23 Section 11-74.4-8, the county clerk immediately thereafter
24 shall determine (1) the most recently ascertained equalized
25 assessed value of each lot, block, tract or parcel of real
26 property within such redevelopment project area from which
27 shall be deducted the homestead exemptions provided by
28 Sections 15-170 and 15-175 of the Property Tax Code, which
29 value shall be the "initial equalized assessed value" of each
30 such piece of property, and (2) the total equalized assessed
31 value of all taxable real property within such redevelopment
32 project area by adding together the most recently ascertained
33 equalized assessed value of each taxable lot, block, tract,
34 or parcel of real property within such project area, from
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1 which shall be deducted the homestead exemptions provided by
2 Sections 15-170 and 15-175 of the Property Tax Code, and
3 shall certify such amount as the "total initial equalized
4 assessed value" of the taxable real property within such
5 project area.
6 (b) In reference to any municipality which has adopted
7 tax increment financing after January 1, 1978, and in respect
8 to which the county clerk has certified the "total initial
9 equalized assessed value" of the property in the
10 redevelopment area, the municipality may thereafter request
11 the clerk in writing to adjust the initial equalized value of
12 all taxable real property within the redevelopment project
13 area by deducting therefrom the exemptions provided for by
14 Sections 15-170 and 15-175 of the Property Tax Code
15 applicable to each lot, block, tract or parcel of real
16 property within such redevelopment project area. The county
17 clerk shall immediately after the written request to adjust
18 the total initial equalized value is received determine the
19 total homestead exemptions in the redevelopment project area
20 provided by Sections 15-170 and 15-175 of the Property Tax
21 Code by adding together the homestead exemptions provided by
22 said Sections on each lot, block, tract or parcel of real
23 property within such redevelopment project area and then
24 shall deduct the total of said exemptions from the total
25 initial equalized assessed value. The county clerk shall
26 then promptly certify such amount as the "total initial
27 equalized assessed value as adjusted" of the taxable real
28 property within such redevelopment project area.
29 (b-5) Notwithstanding any other provision to the
30 contrary, if within any redevelopment project area the
31 municipality has obtained ownership of additional parcels
32 within 2 years of adoption of the ordinance establishing tax
33 increment allocation financing and such ownership would
34 result in an exemption under Section 15-60 of the Property
35 Tax Code, and such properties constitute not more than 7
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1 parcels with a total acreage of not more than 20 acres and
2 not less than 10 acres, then the clerk shall adjust the
3 initial equalized assessed value of all taxable real property
4 within the redevelopment project area by deducting therefrom
5 the exemption provided by Section 15-60 to the applicable
6 parcels within the redevelopment project area. The county
7 clerk shall determine the total exemption under Section 15-60
8 of the Property Tax Code for the additional parcels obtained
9 by the municipality and then shall deduct the total of the
10 exemptions granted under that Section for the parcels from
11 the total initial equalized assessed value. The county clerk
12 shall then promptly certify such amount as the "total initial
13 equalized assessed value as adjusted" of the taxable real
14 property within the redevelopment project area.
15 (c) After the county clerk has certified the "total
16 initial equalized assessed value" of the taxable real
17 property in such area, then in respect to every taxing
18 district containing a redevelopment project area, the county
19 clerk or any other official required by law to ascertain the
20 amount of the equalized assessed value of all taxable
21 property within such district for the purpose of computing
22 the rate per cent of tax to be extended upon taxable property
23 within such district, shall in every year that tax increment
24 allocation financing is in effect ascertain the amount of
25 value of taxable property in a redevelopment project area by
26 including in such amount the lower of the current equalized
27 assessed value or the certified "total initial equalized
28 assessed value" of all taxable real property in such area,
29 except that after he has certified the "total initial
30 equalized assessed value as adjusted" he shall in the year of
31 said certification if tax rates have not been extended and in
32 every year thereafter that tax increment allocation financing
33 is in effect ascertain the amount of value of taxable
34 property in a redevelopment project area by including in such
35 amount the lower of the current equalized assessed value or
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1 the certified "total initial equalized assessed value as
2 adjusted" of all taxable real property in such area. The rate
3 per cent of tax determined shall be extended to the current
4 equalized assessed value of all property in the redevelopment
5 project area in the same manner as the rate per cent of tax
6 is extended to all other taxable property in the taxing
7 district. The method of extending taxes established under
8 this Section shall terminate when the municipality adopts an
9 ordinance dissolving the special tax allocation fund for the
10 redevelopment project area. This Division shall not be
11 construed as relieving property owners within a redevelopment
12 project area from paying a uniform rate of taxes upon the
13 current equalized assessed value of their taxable property as
14 provided in the Property Tax Code.
15 (Source: P.A. 88-670, eff. 12-2-94.)
16 Section 113. The Liquor Control Act of 1934 is amended
17 by changing Section 6-15 as follows:
18 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
19 Sec. 6-15. No alcoholic liquors shall be sold or
20 delivered in any building belonging to or under the control
21 of the State or any political subdivision thereof except as
22 provided in this Act. The corporate authorities of any city,
23 village, incorporated town or township may provide by
24 ordinance, however, that alcoholic liquor may be sold or
25 delivered in any specifically designated building belonging
26 to or under the control of the municipality or township, or
27 in any building located on land under the control of the
28 municipality; provided that such township complies with all
29 applicable local ordinances in any incorporated area of the
30 township. Alcoholic liquors may be delivered to and sold at
31 any airport belonging to or under the control of a
32 municipality of more than 25,000 inhabitants, or in any
33 building owned by a park district organized under the Park
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1 District Code, subject to the approval of the governing board
2 of the district, or in any building or on any golf course
3 owned by a forest preserve district organized under the
4 Downstate Forest Preserve District Act, subject to the
5 approval of the governing board of the district, or in
6 Bicentennial Park, or on the premises of the City of Mendota
7 Lake Park located adjacent to Route 51 in Mendota, Illinois,
8 or on the premises of Camden Park in Milan, Illinois, or in
9 the community center owned by the City of Loves Park that is
10 located at 1000 River Park Drive in Loves Park, Illinois, or,
11 in connection with the operation of an established food
12 serving facility during times when food is dispensed for
13 consumption on the premises, and at the following aquarium
14 and museums located in public parks: Art Institute of
15 Chicago, Chicago Academy of Sciences, Chicago Historical
16 Society, Field Museum of Natural History, Museum of Science
17 and Industry, DuSable Museum of African American History,
18 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
19 Museum of Arts and Sciences in Peoria, or in connection with
20 the operation of the facilities of the Chicago Zoological
21 Society or the Chicago Horticultural Society on land owned by
22 the Forest Preserve District of Cook County, or in any
23 building located on land owned by the Chicago Park District
24 if approved by the Park District Commissioners, or on any
25 land used for a golf course or for recreational purposes and
26 owned by the Illinois International Port District if approved
27 by the District's governing board, or at any airport, golf
28 course, faculty center, or facility in which conference and
29 convention type activities take place belonging to or under
30 control of any State university or public community college
31 district, provided that with respect to a facility for
32 conference and convention type activities alcoholic liquors
33 shall be limited to the use of the convention or conference
34 participants or participants in cultural, political or
35 educational activities held in such facilities, and provided
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1 further that the faculty or staff of the State university or
2 a public community college district, or members of an
3 organization of students, alumni, faculty or staff of the
4 State university or a public community college district are
5 active participants in the conference or convention, or by a
6 catering establishment which has rented facilities from a
7 board of trustees of a public community college district, or,
8 if approved by the District board, on land owned by the
9 Metropolitan Sanitary District of Greater Chicago and leased
10 to others for a term of at least 20 years. Nothing in this
11 Section precludes the sale or delivery of alcoholic liquor in
12 the form of original packaged goods in premises located at
13 500 S. Racine in Chicago belonging to the University of
14 Illinois and used primarily as a grocery store by a
15 commercial tenant during the term of a lease that predates
16 the University's acquisition of the premises; but the
17 University shall have no power or authority to renew,
18 transfer, or extend the lease with terms allowing the sale of
19 alcoholic liquor; and the sale of alcoholic liquor shall be
20 subject to all local laws and regulations. After the
21 acquisition by Winnebago County of the property located at
22 404 Elm Street in Rockford, a commercial tenant who sold
23 alcoholic liquor at retail on a portion of the property under
24 a valid license at the time of the acquisition may continue
25 to do so for so long as the tenant and the County may agree
26 under existing or future leases, subject to all local laws
27 and regulations regarding the sale of alcoholic liquor.
28 Alcoholic liquors may be delivered to and sold at the Louis
29 Joliet Renaissance Center, City Center Campus, located at 214
30 North Ottawa Street, Joliet, and at the Food
31 Services/Culinary Arts Department facilities, Main Campus,
32 located as 1215 Houbolt Road, Joliet, owned or under the
33 control of Joliet Junior College, Illinois Community College
34 District Number 525. Each facility shall provide dram shop
35 liability in maximum insurance coverage limits so as to save
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1 harmless the State, municipality, State university, airport,
2 golf course, faculty center, facility in which conference and
3 convention type activities take place, park district, Forest
4 Preserve District, public community college district,
5 aquarium, museum, or sanitary district from all financial
6 loss, damage or harm. Alcoholic liquors may be sold at retail
7 in buildings of golf courses owned by municipalities in
8 connection with the operation of an established food serving
9 facility during times when food is dispensed for consumption
10 upon the premises. Alcoholic liquors may be delivered to and
11 sold at retail in any building owned by a fire protection
12 district organized under the Fire Protection District Act,
13 provided that such delivery and sale is approved by the board
14 of trustees of the district, and provided further that such
15 delivery and sale is limited to fundraising events and to a
16 maximum of 6 events per year.
17 Alcoholic liquor may be delivered to and sold at retail
18 in the Dorchester Senior Business Center owned by the Village
19 of Dolton if the alcoholic liquor is sold or dispensed only
20 in connection with organized functions for which the planned
21 attendance is 20 or more persons, and if the person or
22 facility selling or dispensing the alcoholic liquor has
23 provided dram shop liability insurance in maximum limits so
24 as to hold harmless the Village of Dolton and the State from
25 all financial loss, damage and harm.
26 Alcoholic liquors may be delivered to and sold at retail
27 in any building used as an Illinois State Armory provided:
28 (i) the Adjutant General's written consent to the
29 issuance of a license to sell alcoholic liquor in such
30 building is filed with the Commission;
31 (ii) the alcoholic liquor is sold or dispensed only
32 in connection with organized functions held on special
33 occasions;
34 (iii) the organized function is one for which the
35 planned attendance is 25 or more persons; and
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1 (iv) the facility selling or dispensing the
2 alcoholic liquors has provided dram shop liability
3 insurance in maximum limits so as to save harmless the
4 facility and the State from all financial loss, damage or
5 harm.
6 Alcoholic liquors may be delivered to and sold at retail
7 in the Chicago Civic Center, provided that:
8 (i) the written consent of the Public Building
9 Commission which administers the Chicago Civic Center is
10 filed with the Commission;
11 (ii) the alcoholic liquor is sold or dispensed only
12 in connection with organized functions held on special
13 occasions;
14 (iii) the organized function is one for which the
15 planned attendance is 25 or more persons;
16 (iv) the facility selling or dispensing the
17 alcoholic liquors has provided dram shop liability
18 insurance in maximum limits so as to hold harmless the
19 Civic Center, the City of Chicago and the State from all
20 financial loss, damage or harm; and
21 (v) all applicable local ordinances are complied
22 with.
23 Alcoholic liquors may be delivered or sold in any
24 building belonging to or under the control of any city,
25 village or incorporated town where more than 75% of the
26 physical properties of the building is used for commercial or
27 recreational purposes, and the building is located upon a
28 pier extending into or over the waters of a navigable lake or
29 stream or on the shore of a navigable lake or stream.
30 Alcoholic liquor may be sold in buildings under the control
31 of the Department of Natural Resources when written consent
32 to the issuance of a license to sell alcoholic liquor in such
33 buildings is filed with the Commission by the Department of
34 Natural Resources. Notwithstanding any other provision of
35 this Act, alcoholic liquor sold by a United States Army Corps
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1 of Engineers or Department of Natural Resources
2 concessionaire who was operating on June 1, 1991 for
3 on-premises consumption only is not subject to the provisions
4 of Articles IV and IX. Beer and wine may be sold on the
5 premises of the Joliet Park District Stadium owned by the
6 Joliet Park District when written consent to the issuance of
7 a license to sell beer and wine in such premises is filed
8 with the local liquor commissioner by the Joliet Park
9 District. Beer and wine may be sold in buildings on the
10 grounds of State veterans' homes when written consent to the
11 issuance of a license to sell beer and wine in such buildings
12 is filed with the Commission by the Department of Veterans'
13 Affairs, and the facility shall provide dram shop liability
14 in maximum insurance coverage limits so as to save the
15 facility harmless from all financial loss, damage or harm.
16 Such liquors may be delivered to and sold at any property
17 owned or held under lease by a Metropolitan Pier and
18 Exposition Authority or Metropolitan Exposition and
19 Auditorium Authority.
20 Beer and wine may be sold and dispensed at professional
21 sporting events and at professional concerts and other
22 entertainment events conducted on premises owned by the
23 Forest Preserve District of Kane County, subject to the
24 control of the District Commissioners and applicable local
25 law, provided that dram shop liability insurance is provided
26 at maximum coverage limits so as to hold the District
27 harmless from all financial loss, damage and harm.
28 Nothing in this Section shall preclude the sale or
29 delivery of beer and wine at a State or county fair or the
30 sale or delivery of beer or wine at a city fair in any
31 otherwise lawful manner.
32 Alcoholic liquors may be sold at retail in buildings in
33 State parks under the control of the Department of Natural
34 Resources, provided:
35 a. the State park has overnight lodging facilities
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1 with some restaurant facilities or, not having overnight
2 lodging facilities, has restaurant facilities which serve
3 complete luncheon and dinner or supper meals,
4 b. consent to the issuance of a license to sell
5 alcoholic liquors in the buildings has been filed with
6 the commission by the Department of Natural Resources,
7 and
8 c. the alcoholic liquors are sold by the State park
9 lodge or restaurant concessionaire only during the hours
10 from 11 o'clock a.m. until 12 o'clock midnight.
11 Notwithstanding any other provision of this Act,
12 alcoholic liquor sold by the State park or restaurant
13 concessionaire is not subject to the provisions of
14 Articles IV and IX.
15 Alcoholic liquors may be sold at retail in buildings on
16 properties under the control of the Historic Preservation
17 Agency provided:
18 a. the property has overnight lodging facilities
19 with some restaurant facilities or, not having overnight
20 lodging facilities, has restaurant facilities which serve
21 complete luncheon and dinner or supper meals,
22 b. consent to the issuance of a license to sell
23 alcoholic liquors in the buildings has been filed with
24 the commission by the Historic Preservation Agency, and
25 c. the alcoholic liquors are sold by the lodge or
26 restaurant concessionaire only during the hours from 11
27 o'clock a.m. until 12 o'clock midnight.
28 The sale of alcoholic liquors pursuant to this Section
29 does not authorize the establishment and operation of
30 facilities commonly called taverns, saloons, bars, cocktail
31 lounges, and the like except as a part of lodge and
32 restaurant facilities in State parks or golf courses owned by
33 Forest Preserve Districts with a population of less than
34 3,000,000 or municipalities or park districts.
35 Alcoholic liquors may be sold at retail in the
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1 Springfield Administration Building of the Department of
2 Transportation and the Illinois State Armory in Springfield;
3 provided, that the controlling government authority may
4 consent to such sales only if
5 a. the request is from a not-for-profit
6 organization;
7 b. such sales would not impede normal operations of
8 the departments involved;
9 c. the not-for-profit organization provides dram
10 shop liability in maximum insurance coverage limits and
11 agrees to defend, save harmless and indemnify the State
12 of Illinois from all financial loss, damage or harm;
13 d. no such sale shall be made during normal working
14 hours of the State of Illinois; and
15 e. the consent is in writing.
16 Alcoholic liquors may be sold at retail in buildings in
17 recreational areas of river conservancy districts under the
18 control of, or leased from, the river conservancy districts.
19 Such sales are subject to reasonable local regulations as
20 provided in Article IV; however, no such regulations may
21 prohibit or substantially impair the sale of alcoholic
22 liquors on Sundays or Holidays.
23 Alcoholic liquors may be provided in long term care
24 facilities owned or operated by a county under Division 5-21
25 or 5-22 of the Counties Code, when approved by the facility
26 operator and not in conflict with the regulations of the
27 Illinois Department of Public Health, to residents of the
28 facility who have had their consumption of the alcoholic
29 liquors provided approved in writing by a physician licensed
30 to practice medicine in all its branches.
31 Alcoholic liquors may be delivered to and dispensed in
32 State housing assigned to employees of the Department of
33 Corrections. No person shall furnish or allow to be furnished
34 any alcoholic liquors to any prisoner confined in any jail,
35 reformatory, prison or house of correction except upon a
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1 physician's prescription for medicinal purposes.
2 Alcoholic liquors may be sold at retail or dispensed at
3 the Willard Ice Building in Springfield, at the State Library
4 in Springfield, and at Illinois State Museum facilities by
5 (1) an agency of the State, whether legislative, judicial or
6 executive, provided that such agency first obtains written
7 permission to sell or dispense alcoholic liquors from the
8 controlling government authority, or by (2) a not-for-profit
9 organization, provided that such organization:
10 a. Obtains written consent from the controlling
11 government authority;
12 b. Sells or dispenses the alcoholic liquors in a
13 manner that does not impair normal operations of State
14 offices located in the building;
15 c. Sells or dispenses alcoholic liquors only in
16 connection with an official activity in the building;
17 d. Provides, or its catering service provides, dram
18 shop liability insurance in maximum coverage limits and
19 in which the carrier agrees to defend, save harmless and
20 indemnify the State of Illinois from all financial loss,
21 damage or harm arising out of the selling or dispensing
22 of alcoholic liquors.
23 Nothing in this Act shall prevent a not-for-profit
24 organization or agency of the State from employing the
25 services of a catering establishment for the selling or
26 dispensing of alcoholic liquors at authorized functions.
27 The controlling government authority for the Willard Ice
28 Building in Springfield shall be the Director of the
29 Department of Revenue. The controlling government authority
30 for Illinois State Museum facilities shall be the Director of
31 the Illinois State Museum. The controlling government
32 authority for the State Library in Springfield shall be the
33 Secretary of State.
34 Alcoholic liquors may be delivered to and sold at retail
35 or dispensed at any facility, property or building under the
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1 jurisdiction of the Historic Preservation Agency where the
2 delivery, sale or dispensing is by (1) an agency of the
3 State, whether legislative, judicial or executive, provided
4 that such agency first obtains written permission to sell or
5 dispense alcoholic liquors from a controlling government
6 authority, or by (2) a not-for-profit organization provided
7 that such organization:
8 a. Obtains written consent from the controlling
9 government authority;
10 b. Sells or dispenses the alcoholic liquors in a
11 manner that does not impair normal workings of State
12 offices or operations located at the facility, property
13 or building;
14 c. Sells or dispenses alcoholic liquors only in
15 connection with an official activity of the
16 not-for-profit organization in the facility, property or
17 building;
18 d. Provides, or its catering service provides, dram
19 shop liability insurance in maximum coverage limits and
20 in which the carrier agrees to defend, save harmless and
21 indemnify the State of Illinois from all financial loss,
22 damage or harm arising out of the selling or dispensing
23 of alcoholic liquors.
24 The controlling government authority for the Historic
25 Preservation Agency shall be the Director of the Historic
26 Preservation Agency.
27 Alcoholic liquors may be sold at retail or dispensed at
28 the James R. Thompson Center in Chicago and 222 South College
29 Street in Springfield, Illinois by (1) a commercial tenant or
30 subtenant conducting business on the premises under a lease
31 made pursuant to Section 67.24 of the Civil Administrative
32 Code of Illinois, provided that such tenant or subtenant who
33 sells or dispenses alcoholic liquors shall procure and
34 maintain dram shop liability insurance in maximum coverage
35 limits and in which the carrier agrees to defend, indemnify
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1 and save harmless the State of Illinois from all financial
2 loss, damage or harm arising out of the sale or dispensing of
3 alcoholic liquors, or by (2) an agency of the State, whether
4 legislative, judicial or executive, provided that such agency
5 first obtains written permission to sell or dispense
6 alcoholic liquors from the Director of Central Management
7 Services, or by (3) a not-for-profit organization, provided
8 that such organization:
9 a. Obtains written consent from the Department of
10 Central Management Services;
11 b. Sells or dispenses the alcoholic liquors in a
12 manner that does not impair normal operations of State
13 offices located in the building;
14 c. Sells or dispenses alcoholic liquors only in
15 connection with an official activity in the building;
16 d. Provides, or its catering service provides, dram
17 shop liability insurance in maximum coverage limits and
18 in which the carrier agrees to defend, save harmless and
19 indemnify the State of Illinois from all financial loss,
20 damage or harm arising out of the selling or dispensing
21 of alcoholic liquors.
22 Nothing in this Act shall prevent a not-for-profit
23 organization or agency of the State from employing the
24 services of a catering establishment for the selling or
25 dispensing of alcoholic liquors at functions authorized by
26 the Director of Central Management Services.
27 Alcoholic liquors may be sold or delivered at any
28 facility owned by the Illinois Sports Facilities Authority
29 provided that dram shop liability insurance has been made
30 available in a form, with such coverage and in such amounts
31 as the Authority reasonably determines is necessary.
32 Alcoholic liquors may be sold at retail or dispensed at
33 the Rockford State Office Building by (1) an agency of the
34 State, whether legislative, judicial or executive, provided
35 that such agency first obtains written permission to sell or
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1 dispense alcoholic liquors from the Department of Central
2 Management Services, or by (2) a not-for-profit organization,
3 provided that such organization:
4 a. Obtains written consent from the Department of
5 Central Management Services;
6 b. Sells or dispenses the alcoholic liquors in a
7 manner that does not impair normal operations of State
8 offices located in the building;
9 c. Sells or dispenses alcoholic liquors only in
10 connection with an official activity in the building;
11 d. Provides, or its catering service provides, dram
12 shop liability insurance in maximum coverage limits and
13 in which the carrier agrees to defend, save harmless and
14 indemnify the State of Illinois from all financial loss,
15 damage or harm arising out of the selling or dispensing
16 of alcoholic liquors.
17 Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the
19 services of a catering establishment for the selling or
20 dispensing of alcoholic liquors at functions authorized by
21 the Department of Central Management Services.
22 Alcoholic liquors may be sold or delivered in a building
23 that is owned by McLean County, situated on land owned by the
24 county in the City of Bloomington, and used by the McLean
25 County Historical Society if the sale or delivery is approved
26 by an ordinance adopted by the county board, and the
27 municipality in which the building is located may not
28 prohibit that sale or delivery, notwithstanding any other
29 provision of this Section. The regulation of the sale and
30 delivery of alcoholic liquor in a building that is owned by
31 McLean County, situated on land owned by the county, and used
32 by the McLean County Historical Society as provided in this
33 paragraph is an exclusive power and function of the State and
34 is a denial and limitation under Article VII, Section 6,
35 subsection (h) of the Illinois Constitution of the power of a
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1 home rule municipality to regulate that sale and delivery.
2 Alcoholic liquors may be sold or delivered in any
3 building situated on land held in trust for any school
4 district organized under Article 34 of the School Code, if
5 the building is not used for school purposes and if the sale
6 or delivery is approved by the board of education.
7 Alcoholic liquors may be sold or delivered in buildings
8 owned by the Community Building Complex Committee of Boone
9 County, Illinois if the person or facility selling or
10 dispensing the alcoholic liquor has provided dram shop
11 liability insurance with coverage and in amounts that the
12 Committee reasonably determines are necessary.
13 Alcoholic liquors may be sold or delivered in the
14 building located at 1200 Centerville Avenue in Belleville,
15 Illinois and occupied by either the Belleville Area Special
16 Education District or the Belleville Area Special Services
17 Cooperative.
18 (Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
19 89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
20 2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
21 eff. 8-9-96; revised 8-19-96.)
22 Section 115. The Code of Civil Procedure is amended by
23 changing Section 7-103 as follows:
24 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
25 (Text of Section before amendment by P.A. 89-683)
26 Sec. 7-103. "Quick-take". This Section applies only to
27 proceedings under this Article:
28 (1) by the State of Illinois, the Illinois Toll
29 Highway Authority or the St. Louis Metropolitan Area
30 Airport Authority for the acquisition of land or
31 interests therein for highway purposes;
32 (2) (blank);
33 (3) by the Department of Commerce and Community
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1 Affairs for the purpose specified in the Illinois Coal
2 Development Bond Act;
3 (4) (blank);
4 (5) for the purpose specified in the St. Louis
5 Metropolitan Area Airport Authority Act;
6 (6) for a period of 24 months after May 24, 1996,
7 by the Southwestern Illinois Development Authority
8 pursuant to the Southwestern Illinois Development
9 Authority Act;
10 (7) for a period of 3 years after December 30,
11 1987, by the Quad Cities Regional Economic Development
12 Authority (except for the acquisition of land or
13 interests therein that is farmland, or upon which is
14 situated a farm dwelling and appurtenant structures, or
15 upon which is situated a residence, or which is wholly
16 within an area that is zoned for residential use)
17 pursuant to the Quad Cities Regional Economic Development
18 Authority Act;
19 (8) by a sanitary district created under the
20 Metropolitan Water Reclamation District Act for the
21 acquisition of land or interests therein for purposes
22 specified in that Act;
23 (9) by a rail carrier within the time limitations
24 and subject to the terms and conditions set forth in
25 Section 18c-7501 of the Illinois Vehicle Code;
26 (10) for a period of 18 months after January 26,
27 1987, for the purpose specified in Division 135 of
28 Article 11 of the Illinois Municipal Code, by a
29 commission created under Section 2 of the Water
30 Commission Act of 1985;
31 (11) by a village containing a population of less
32 than 15,000 for the purpose of acquiring property to be
33 used for a refuse derived fuel system designed to
34 generate steam and electricity, and for industrial
35 development that will utilize such steam and electricity,
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1 pursuant to Section 11-19-10 of the Illinois Municipal
2 Code;
3 (12) after receiving the prior approval of the City
4 Council, by a municipality having a population of more
5 than 500,000 for the purposes set forth in Section
6 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
7 Illinois Municipal Code, and for the same purposes when
8 established pursuant to home rule powers;
9 (13) by a home rule municipality, after a public
10 hearing held by the corporate authorities or by a
11 committee of the corporate authorities and after approval
12 by a majority of the corporate authorities, within an
13 area designated as an enterprise zone by the municipality
14 under the Illinois Enterprise Zone Act;
15 (14) by the Illinois Sports Facilities Authority
16 for the purpose specified in Section 12 of the Illinois
17 Sports Facilities Authority Act;
18 (15) by a municipality having a population of more
19 than 2,000,000 for the purpose of acquiring the property
20 described in Section 3 of the Sports Stadium Act;
21 (16) for a period of 18 months after July 29, 1986,
22 in any proceeding by the Board of Trustees of the
23 University of Illinois for the acquisition of land in
24 Champaign County or interests therein as a site for a
25 building or for any educational purpose;
26 (17) for a period of 2 years after July 1, 1990, by
27 a home rule municipality and a county board, upon
28 approval of a majority of the corporate authorities of
29 both the county board and the municipality, within an
30 area designated as an enterprise zone by the municipality
31 and the county board through an intergovernmental
32 agreement under the Illinois Enterprise Zone Act, when
33 the purpose of the condemnation proceeding is to acquire
34 land for the construction of an industrial harbor port,
35 and when the total amount of land to be acquired for that
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1 purpose is less than 75 acres and is adjacent to the
2 Illinois River;
3 (18) by an airport authority located solely within
4 the boundaries of Madison County, Illinois, and which is
5 organized pursuant to the provisions of the Airport
6 Authorities Act, (i) for the acquisition of 160 acres, or
7 less, of land or interests therein for the purposes
8 specified in that Act which may be necessary to extend,
9 mark, and light runway 11/29 for a distance of 1600 feet
10 in length by 100 feet in width with parallel taxiway, to
11 relocate and mark County Highway 19, Madison County,
12 known as Moreland Road, to relocate the instrument
13 landing system including the approach lighting system and
14 to construct associated drainage, fencing and seeding
15 required for the foregoing project and (ii) for a period
16 of 6 months after December 28, 1989, for the acquisition
17 of 75 acres, or less, of land or interests therein for
18 the purposes specified in that Act which may be necessary
19 to extend, mark and light the south end of runway 17/35
20 at such airport;
21 (19) by any unit of local government for a
22 permanent easement for the purpose of maintaining,
23 dredging or cleaning the Little Calumet River;
24 (20) by any unit of local government for a
25 permanent easement for the purpose of maintaining,
26 dredging or cleaning the Salt Creek in DuPage County;
27 (21) by St. Clair County, Illinois, for the
28 development of a joint use facility at Scott Air Force
29 Base;
30 (22) by the Village of Summit, Illinois, to acquire
31 land for a waste to energy plant;
32 (23) for a period of 15 months after September 7,
33 1990, by the Department of Transportation or by any unit
34 of local government under the terms of an
35 intergovernmental cooperation agreement between the
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1 Department of Transportation and the unit of local
2 government for the purpose of developing aviation
3 facilities in and around Chanute Air Force Base in
4 Champaign County, Illinois;
5 (24) for a period of 1 year after December 12,
6 1990, by the City of Morris for the development of the
7 Morris Municipal Airport;
8 (25) for a period of 1 year after June 19, 1991, by
9 the Greater Rockford Airport Authority for airport
10 expansion purposes;
11 (26) for a period of 24 months after June 30, 1991,
12 by the City of Aurora for completion of an instrument
13 landing system and construction of an east-west runway at
14 the Aurora Municipal Airport;
15 (27) for the acquisition by the Metropolitan Pier
16 and Exposition Authority of property described in
17 subsection (f) of Section 5 of the Metropolitan Pier and
18 Exposition Authority Act for the purposes of providing
19 additional grounds, buildings, and facilities related to
20 the purposes of the Metropolitan Pier and Exposition
21 Authority;
22 (28) for a period of 24 months after March 1, 1992,
23 by the Village of Wheeling and the City of Prospect
24 Heights, owners of the Palwaukee Municipal Airport, to
25 allow for the acquisition of right of way to complete the
26 realignment of Hintz Road and Wolf Road;
27 (29) for a period of one year from the effective
28 date of this amendatory Act of 1992, by the
29 Bloomington-Normal Airport Authority for airport
30 expansion purposes;
31 (30) for a period of 24 months after September 10,
32 1993, by the Cook County Highway Department and Lake
33 County Department of Transportation to allow for the
34 acquisition of necessary right-of-way for construction of
35 underpasses for Lake-Cook Road at the Chicago
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1 Northwestern Railroad crossing, west of Skokie Boulevard,
2 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
3 crossing, west of Waukegan Road;
4 (31) for a period of one year after December 23,
5 1993, by the City of Arcola and the City of Tuscola for
6 the development of the Arcola/Tuscola Water Transmission
7 Pipeline Project pursuant to the intergovernmental
8 agreement between the City of Arcola and the City of
9 Tuscola;
10 (32) for a period of 24 months from December 23,
11 1993, by the Village of Bensenville for the acquisition
12 of property bounded by Illinois Route 83 to the west and
13 O'Hare International Airport to the east to complete a
14 flood control project known as the Bensenville Ditch;
15 (33) for a period of 9 months after November 1,
16 1993, by the Medical Center Commission for the purpose of
17 acquiring a site for the Illinois State Police Forensic
18 Science Laboratory at Chicago, on the block bounded by
19 Roosevelt Road on the north, Wolcott Street on the east,
20 Washburn Street on the south, and Damen Avenue on the
21 west in Chicago, Illinois;
22 (34) for a period of 36 months after July 14, 1995,
23 by White County for the acquisition of a 3 1/2 mile
24 section of Bellaire Road, which is described as follows:
25 Commencing at the Northwest Corner of the Southeast 1/4
26 of Section 28, Township 6 South, Range 10 East of the 3rd
27 Principal Meridian; thence South to a point at the
28 Southwest Corner of the Southeast 1/4 of Section 9,
29 Township 7 South, Range 10 East of the 3rd Principal
30 Meridian;
31 (35) for a period of one year after July 14, 1995,
32 by the City of Aurora for permanent and temporary
33 easements except over land adjacent to Indian Creek and
34 west of Selmarten Creek located within the City of Aurora
35 for the construction of Phase II of the Indian Creek
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1 Flood Control Project;
2 (35.1) for a period beginning June 24, 1995 (the
3 day following the effective date of Public Act 89-29) and
4 ending on July 13, 1995 (the day preceding the effective
5 date of Public Act 89-134), by the City of Aurora for
6 permanent and temporary easements for the construction of
7 Phase II of the Indian Creek Flood Control Project;
8 (36) for a period of 3 years from July 14, 1995, by
9 the Grand Avenue Railroad Relocation Authority for the
10 Grand Avenue Railroad Grade Separation Project within the
11 Village of Franklin Park, Illinois;
12 (37) for a period of 3 years after July 14, 1995,
13 by the Village of Romeoville for the acquisition of
14 rights-of-way for the 135th Street Bridge Project, lying
15 within the South 1/2 of Section 34, Township 37 North,
16 Range 10 East and the South 1/2 of Section 35, Township
17 37 North, Range 10 East of the Third Principal Meridian,
18 and the North 1/2 of Section 2, Township 36 North, Range
19 10 East and the North 1/2 of Section 3, Township 36
20 North, Range 10 East of the 3rd Principal Meridian, in
21 Will County, Illinois;
22 (37.1) for a period of 3 years after June 23, 1995,
23 by the Illinois Department of Transportation for the
24 acquisition of rights-of-way for the 135th Street Bridge
25 Project between the Des Plaines River and New Avenue
26 lying within the South 1/2 of Section 35, Township 37
27 North, Range 10 East of the Third Principal Meridian and
28 the North 1/2 of Section 2, Township 36 North, Range 10
29 East of the 3rd Principal Meridian, in Will County,
30 Illinois;
31 (38) for a period beginning June 24, 1995 (the day
32 after the effective date of Public Act 89-29) and ending
33 18 months after July 14, 1995 (the effective date of
34 Public Act 89-134), by the Anna-Jonesboro Water
35 Commission for the acquisition of land and easements for
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1 improvements to its water treatment and storage
2 facilities and water transmission pipes;
3 (39) for a period of 36 months after July 14, 1995,
4 by the City of Effingham for the acquisition of property
5 which is described as follows:
6 Tract 1:
7 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
8 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
9 thereof recorded in Book "K", Page 769, in the Recorder's
10 Office of Effingham County), situated in the City of
11 Effingham, County of Effingham and State of Illinois.
12 Tract 2:
13 The alley lying South and adjoining Tract 1, as
14 vacated by Ordinance recorded on July 28, 1937 in Book
15 183, Page 465, and all right, title and interest in and
16 to said alley as established by the Contract for Easement
17 recorded on August 4, 1937 in Book 183, Page 472;
18 (40) for a period of one year after July 14, 1995,
19 by the Village of Palatine for the acquisition of
20 property located along the south side of Dundee Road
21 between Rand Road and Hicks Road for redevelopment
22 purposes;
23 (41) for a period of 6 years after July 1, 1995,
24 for the acquisition by the Medical Center District of
25 property described in Section 3 of the Illinois Medical
26 District Act within the District Development Area as
27 described in Section 4 of that Act for the purposes set
28 forth in that Act;
29 (41.5) for a period of 24 months after June 21,
30 1996 by the City of Effingham, Illinois for acquisition
31 of property for the South Raney Street Improvement
32 Project Phase I;
33 (42) for a period of 3 years after June 21, 1996,
34 by the Village of Deerfield for the acquisition of
35 territory within the Deerfield Village Center, as
-53- LRB9001775MWksccr
1 designated as of that date by the Deerfield Comprehensive
2 Plan, with the exception of that area north of Jewett
3 Park Drive (extended) between Waukegan Road and the
4 Milwaukee Railroad Tracks, for redevelopment purposes;
5 (43) for a period of 12 months after June 21, 1996,
6 by the City of Harvard for the acquisition of property
7 lying west of Harvard Hills Road of sufficient size to
8 widen the Harvard Hills Road right of way and to install
9 and maintain city utility services not more than 200 feet
10 west of the center line of Harvard Hills Road;
11 (44) for a period of 5 years after June 21, 1996,
12 by the Village of River Forest, Illinois, within the area
13 designated as a tax increment financing district when the
14 purpose of the condemnation proceeding is to acquire land
15 for any of the purposes contained in the River Forest Tax
16 Increment Financing Plan or authorized by the Tax
17 Increment Allocation Redevelopment Act, provided that
18 condemnation of any property zoned and used exclusively
19 for residential purposes shall be prohibited;
20 (45) for a period of 18 months after June 28, 1996,
21 by the Village of Schaumburg for the acquisition of land,
22 easements, and aviation easements for the purpose of a
23 public airport in Cook and DuPage Counties; provided that
24 if any proceedings under the provisions of this Article
25 are pending on that date, "quick-take" may be utilized by
26 the Village of Schaumburg;
27 (46) for a period of one year after June 28, 1996,
28 by the City of Pinckneyville for the acquisition of land
29 and easements to provide for improvements to its water
30 treatment and storage facilities and water transmission
31 pipes, and for the construction of a sewerage treatment
32 facility and sewerage transmission pipes to serve the
33 Illinois Department of Corrections Pinckneyville
34 Correctional Facility;
35 (47) for a period of 6 months after June 28, 1996,
-54- LRB9001775MWksccr
1 by the City of Streator for the acquisition of property
2 described as follows for a first flush basin sanitary
3 sewer system:
4 Tract 5: That part of lots 20 and 21 in Block
5 6 in Moore and Plumb's addition to the city of
6 Streator, Illinois, lying south of the right of way
7 of the switch track of the Norfolk and Western
8 Railroad (now abandoned) in the county of LaSalle,
9 state of Illinois.
10 Tract 6: That part of lots 30, 31 and 32 in
11 Block 7 in Moore and Plumb's Addition to the city of
12 Streator, Illinois, lying north of the centerline of
13 Coal Run Creek and south of the right of way of the
14 switch track of the Norfolk and Western Railroad
15 (now abandoned) in the county of LaSalle, state of
16 Illinois;
17 (48) for a period of 36 months after January 16,
18 1997 the effective date of this amendatory Act of 1996,
19 by the Bi-State Development Agency of the
20 Missouri-Illinois Metropolitan District for the
21 acquisition of rights of way and related property
22 necessary for the construction and operation of the
23 MetroLink Light Rail System, beginning in East St. Louis,
24 Illinois, and terminating at Mid America Airport, St.
25 Clair County, Illinois;
26 (49) for a period of 2 years after January 16, 1997
27 the effective date of this amendatory Act of 1996, by the
28 Village of Schaumburg for the acquisition of
29 rights-of-way, permanent easements, and temporary
30 easements for the purpose of improving the Roselle
31 Road/Illinois Route 58/Illinois Route 72 corridor,
32 including rights-of-way along Roselle Road, Remington
33 Road, Valley Lake Drive, State Parkway, Commerce Drive,
34 Kristin Circle, and Hillcrest Boulevard, a permanent
35 easement along Roselle Road, and temporary easements
-55- LRB9001775MWksccr
1 along Roselle Road, State Parkway, Valley Lake Drive,
2 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
3 in Cook County.
4 In a proceeding subject to this Section, the plaintiff,
5 at any time after the complaint has been filed and before
6 judgment is entered in the proceeding, may file a written
7 motion requesting that, immediately or at some specified
8 later date, the plaintiff either be vested with the fee
9 simple title (or such lesser estate, interest or easement, as
10 may be required) to the real property, or specified portion
11 thereof, which is the subject of the proceeding, and be
12 authorized to take possession of and use such property; or
13 only be authorized to take possession of and to use such
14 property, if such possession and use, without the vesting of
15 title, are sufficient to permit the plaintiff to proceed with
16 the project until the final ascertainment of compensation;
17 however, no land or interests therein now or hereafter owned,
18 leased, controlled or operated and used by, or necessary for
19 the actual operation of, any common carrier engaged in
20 interstate commerce, or any other public utility subject to
21 the jurisdiction of the Illinois Commerce Commission, shall
22 be taken or appropriated hereunder by the State of Illinois,
23 the Illinois Toll Highway Authority, the sanitary district,
24 the St. Louis Metropolitan Area Airport Authority or the
25 Board of Trustees of the University of Illinois without first
26 securing the approval of such Commission.
27 Except as hereinafter stated, the motion for taking shall
28 state: (1) an accurate description of the property to which
29 the motion relates and the estate or interest sought to be
30 acquired therein; (2) the formally adopted schedule or plan
31 of operation for the execution of the plaintiff's project;
32 (3) the situation of the property to which the motion
33 relates, with respect to the schedule or plan; (4) the
34 necessity for taking such property in the manner requested in
35 the motion; and (5) if the property (except property
-56- LRB9001775MWksccr
1 described in Section 3 of the Sports Stadium Act or property
2 described as Site B in Section 2 of the Metropolitan Pier and
3 Exposition Authority Act) to be taken is owned, leased,
4 controlled or operated and used by, or necessary for the
5 actual operation of, any interstate common carrier or other
6 public utility subject to the jurisdiction of the Illinois
7 Commerce Commission, a statement to the effect that the
8 approval of such proposed taking has been secured from such
9 Commission, and attaching to such motion a certified copy of
10 the order of such Commission granting such approval. If the
11 schedule or plan of operation is not set forth fully in the
12 motion, a copy of such schedule or plan shall be attached to
13 the motion.
14 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
15 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
16 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
17 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
18 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
19 89-699, eff. 1-16-97.)
20 (Text of Section after amendment by P.A. 89-683)
21 Sec. 7-103. "Quick-take". This Section applies only to
22 proceedings under this Article:
23 (1) by the State of Illinois, the Illinois Toll
24 Highway Authority or the St. Louis Metropolitan Area
25 Airport Authority for the acquisition of land or
26 interests therein for highway purposes;
27 (2) (blank);
28 (3) by the Department of Commerce and Community
29 Affairs for the purpose specified in the Illinois Coal
30 Development Bond Act;
31 (4) (blank);
32 (5) for the purpose specified in the St. Louis
33 Metropolitan Area Airport Authority Act;
34 (6) for a period of 24 months after May 24, 1996,
-57- LRB9001775MWksccr
1 by the Southwestern Illinois Development Authority
2 pursuant to the Southwestern Illinois Development
3 Authority Act;
4 (7) for a period of 3 years after December 30,
5 1987, by the Quad Cities Regional Economic Development
6 Authority (except for the acquisition of land or
7 interests therein that is farmland, or upon which is
8 situated a farm dwelling and appurtenant structures, or
9 upon which is situated a residence, or which is wholly
10 within an area that is zoned for residential use)
11 pursuant to the Quad Cities Regional Economic Development
12 Authority Act;
13 (8) by a sanitary district created under the
14 Metropolitan Water Reclamation District Act for the
15 acquisition of land or interests therein for purposes
16 specified in that Act;
17 (9) by a rail carrier within the time limitations
18 and subject to the terms and conditions set forth in
19 Section 18c-7501 of the Illinois Vehicle Code;
20 (10) for a period of 18 months after January 26,
21 1987, for the purpose specified in Division 135 of
22 Article 11 of the Illinois Municipal Code, by a
23 commission created under Section 2 of the Water
24 Commission Act of 1985;
25 (11) by a village containing a population of less
26 than 15,000 for the purpose of acquiring property to be
27 used for a refuse derived fuel system designed to
28 generate steam and electricity, and for industrial
29 development that will utilize such steam and electricity,
30 pursuant to Section 11-19-10 of the Illinois Municipal
31 Code;
32 (12) after receiving the prior approval of the City
33 Council, by a municipality having a population of more
34 than 500,000 for the purposes set forth in Section
35 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
-58- LRB9001775MWksccr
1 Illinois Municipal Code, and for the same purposes when
2 established pursuant to home rule powers;
3 (13) by a home rule municipality, after a public
4 hearing held by the corporate authorities or by a
5 committee of the corporate authorities and after approval
6 by a majority of the corporate authorities, within an
7 area designated as an enterprise zone by the municipality
8 under the Illinois Enterprise Zone Act;
9 (14) by the Illinois Sports Facilities Authority
10 for the purpose specified in Section 12 of the Illinois
11 Sports Facilities Authority Act;
12 (15) by a municipality having a population of more
13 than 2,000,000 for the purpose of acquiring the property
14 described in Section 3 of the Sports Stadium Act;
15 (16) for a period of 18 months after July 29, 1986,
16 in any proceeding by the Board of Trustees of the
17 University of Illinois for the acquisition of land in
18 Champaign County or interests therein as a site for a
19 building or for any educational purpose;
20 (17) for a period of 2 years after July 1, 1990, by
21 a home rule municipality and a county board, upon
22 approval of a majority of the corporate authorities of
23 both the county board and the municipality, within an
24 area designated as an enterprise zone by the municipality
25 and the county board through an intergovernmental
26 agreement under the Illinois Enterprise Zone Act, when
27 the purpose of the condemnation proceeding is to acquire
28 land for the construction of an industrial harbor port,
29 and when the total amount of land to be acquired for that
30 purpose is less than 75 acres and is adjacent to the
31 Illinois River;
32 (18) by an airport authority located solely within
33 the boundaries of Madison County, Illinois, and which is
34 organized pursuant to the provisions of the Airport
35 Authorities Act, (i) for the acquisition of 160 acres, or
-59- LRB9001775MWksccr
1 less, of land or interests therein for the purposes
2 specified in that Act which may be necessary to extend,
3 mark, and light runway 11/29 for a distance of 1600 feet
4 in length by 100 feet in width with parallel taxiway, to
5 relocate and mark County Highway 19, Madison County,
6 known as Moreland Road, to relocate the instrument
7 landing system including the approach lighting system and
8 to construct associated drainage, fencing and seeding
9 required for the foregoing project and (ii) for a period
10 of 6 months after December 28, 1989, for the acquisition
11 of 75 acres, or less, of land or interests therein for
12 the purposes specified in that Act which may be necessary
13 to extend, mark and light the south end of runway 17/35
14 at such airport;
15 (19) by any unit of local government for a
16 permanent easement for the purpose of maintaining,
17 dredging or cleaning the Little Calumet River;
18 (20) by any unit of local government for a
19 permanent easement for the purpose of maintaining,
20 dredging or cleaning the Salt Creek in DuPage County;
21 (21) by St. Clair County, Illinois, for the
22 development of a joint use facility at Scott Air Force
23 Base;
24 (22) by the Village of Summit, Illinois, to acquire
25 land for a waste to energy plant;
26 (23) for a period of 15 months after September 7,
27 1990, by the Department of Transportation or by any unit
28 of local government under the terms of an
29 intergovernmental cooperation agreement between the
30 Department of Transportation and the unit of local
31 government for the purpose of developing aviation
32 facilities in and around Chanute Air Force Base in
33 Champaign County, Illinois;
34 (24) for a period of 1 year after December 12,
35 1990, by the City of Morris for the development of the
-60- LRB9001775MWksccr
1 Morris Municipal Airport;
2 (25) for a period of 1 year after June 19, 1991, by
3 the Greater Rockford Airport Authority for airport
4 expansion purposes;
5 (26) for a period of 24 months after June 30, 1991,
6 by the City of Aurora for completion of an instrument
7 landing system and construction of an east-west runway at
8 the Aurora Municipal Airport;
9 (27) for the acquisition by the Metropolitan Pier
10 and Exposition Authority of property described in
11 subsection (f) of Section 5 of the Metropolitan Pier and
12 Exposition Authority Act for the purposes of providing
13 additional grounds, buildings, and facilities related to
14 the purposes of the Metropolitan Pier and Exposition
15 Authority;
16 (28) for a period of 24 months after March 1, 1992,
17 by the Village of Wheeling and the City of Prospect
18 Heights, owners of the Palwaukee Municipal Airport, to
19 allow for the acquisition of right of way to complete the
20 realignment of Hintz Road and Wolf Road;
21 (29) for a period of one year from the effective
22 date of this amendatory Act of 1992, by the
23 Bloomington-Normal Airport Authority for airport
24 expansion purposes;
25 (30) for a period of 24 months after September 10,
26 1993, by the Cook County Highway Department and Lake
27 County Department of Transportation to allow for the
28 acquisition of necessary right-of-way for construction of
29 underpasses for Lake-Cook Road at the Chicago
30 Northwestern Railroad crossing, west of Skokie Boulevard,
31 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
32 crossing, west of Waukegan Road;
33 (31) for a period of one year after December 23,
34 1993, by the City of Arcola and the City of Tuscola for
35 the development of the Arcola/Tuscola Water Transmission
-61- LRB9001775MWksccr
1 Pipeline Project pursuant to the intergovernmental
2 agreement between the City of Arcola and the City of
3 Tuscola;
4 (32) for a period of 24 months from December 23,
5 1993, by the Village of Bensenville for the acquisition
6 of property bounded by Illinois Route 83 to the west and
7 O'Hare International Airport to the east to complete a
8 flood control project known as the Bensenville Ditch;
9 (33) for a period of 9 months after November 1,
10 1993, by the Medical Center Commission for the purpose of
11 acquiring a site for the Illinois State Police Forensic
12 Science Laboratory at Chicago, on the block bounded by
13 Roosevelt Road on the north, Wolcott Street on the east,
14 Washburn Street on the south, and Damen Avenue on the
15 west in Chicago, Illinois;
16 (34) for a period of 36 months after July 14, 1995,
17 by White County for the acquisition of a 3 1/2 mile
18 section of Bellaire Road, which is described as follows:
19 Commencing at the Northwest Corner of the Southeast 1/4
20 of Section 28, Township 6 South, Range 10 East of the 3rd
21 Principal Meridian; thence South to a point at the
22 Southwest Corner of the Southeast 1/4 of Section 9,
23 Township 7 South, Range 10 East of the 3rd Principal
24 Meridian;
25 (35) for a period of one year after July 14, 1995,
26 by the City of Aurora for permanent and temporary
27 easements except over land adjacent to Indian Creek and
28 west of Selmarten Creek located within the City of Aurora
29 for the construction of Phase II of the Indian Creek
30 Flood Control Project;
31 (35.1) for a period beginning June 24, 1995 (the
32 day following the effective date of Public Act 89-29) and
33 ending on July 13, 1995 (the day preceding the effective
34 date of Public Act 89-134), by the City of Aurora for
35 permanent and temporary easements for the construction of
-62- LRB9001775MWksccr
1 Phase II of the Indian Creek Flood Control Project;
2 (36) for a period of 3 years from July 14, 1995, by
3 the Grand Avenue Railroad Relocation Authority for the
4 Grand Avenue Railroad Grade Separation Project within the
5 Village of Franklin Park, Illinois;
6 (37) for a period of 3 years after July 14, 1995,
7 by the Village of Romeoville for the acquisition of
8 rights-of-way for the 135th Street Bridge Project, lying
9 within the South 1/2 of Section 34, Township 37 North,
10 Range 10 East and the South 1/2 of Section 35, Township
11 37 North, Range 10 East of the Third Principal Meridian,
12 and the North 1/2 of Section 2, Township 36 North, Range
13 10 East and the North 1/2 of Section 3, Township 36
14 North, Range 10 East of the 3rd Principal Meridian, in
15 Will County, Illinois;
16 (37.1) for a period of 3 years after June 23, 1995,
17 by the Illinois Department of Transportation for the
18 acquisition of rights-of-way for the 135th Street Bridge
19 Project between the Des Plaines River and New Avenue
20 lying within the South 1/2 of Section 35, Township 37
21 North, Range 10 East of the Third Principal Meridian and
22 the North 1/2 of Section 2, Township 36 North, Range 10
23 East of the 3rd Principal Meridian, in Will County,
24 Illinois;
25 (38) for a period beginning June 24, 1995 (the day
26 after the effective date of Public Act 89-29) and ending
27 18 months after July 14, 1995 (the effective date of
28 Public Act 89-134), by the Anna-Jonesboro Water
29 Commission for the acquisition of land and easements for
30 improvements to its water treatment and storage
31 facilities and water transmission pipes;
32 (39) for a period of 36 months after July 14, 1995,
33 by the City of Effingham for the acquisition of property
34 which is described as follows:
35 Tract 1:
-63- LRB9001775MWksccr
1 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
2 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
3 thereof recorded in Book "K", Page 769, in the Recorder's
4 Office of Effingham County), situated in the City of
5 Effingham, County of Effingham and State of Illinois.
6 Tract 2:
7 The alley lying South and adjoining Tract 1, as
8 vacated by Ordinance recorded on July 28, 1937 in Book
9 183, Page 465, and all right, title and interest in and
10 to said alley as established by the Contract for Easement
11 recorded on August 4, 1937 in Book 183, Page 472;
12 (40) for a period of one year after July 14, 1995,
13 by the Village of Palatine for the acquisition of
14 property located along the south side of Dundee Road
15 between Rand Road and Hicks Road for redevelopment
16 purposes;
17 (41) for a period of 6 years after July 1, 1995,
18 for the acquisition by the Medical Center District of
19 property described in Section 3 of the Illinois Medical
20 District Act within the District Development Area as
21 described in Section 4 of that Act for the purposes set
22 forth in that Act;
23 (41.5) for a period of 24 months after June 21,
24 1996 by the City of Effingham, Illinois for acquisition
25 of property for the South Raney Street Improvement
26 Project Phase I;
27 (42) for a period of 3 years after June 21, 1996,
28 by the Village of Deerfield for the acquisition of
29 territory within the Deerfield Village Center, as
30 designated as of that date by the Deerfield Comprehensive
31 Plan, with the exception of that area north of Jewett
32 Park Drive (extended) between Waukegan Road and the
33 Milwaukee Railroad Tracks, for redevelopment purposes;
34 (43) for a period of 12 months after June 21, 1996,
35 by the City of Harvard for the acquisition of property
-64- LRB9001775MWksccr
1 lying west of Harvard Hills Road of sufficient size to
2 widen the Harvard Hills Road right of way and to install
3 and maintain city utility services not more than 200 feet
4 west of the center line of Harvard Hills Road;
5 (44) for a period of 5 years after June 21, 1996,
6 by the Village of River Forest, Illinois, within the area
7 designated as a tax increment financing district when the
8 purpose of the condemnation proceeding is to acquire land
9 for any of the purposes contained in the River Forest Tax
10 Increment Financing Plan or authorized by the Tax
11 Increment Allocation Redevelopment Act, provided that
12 condemnation of any property zoned and used exclusively
13 for residential purposes shall be prohibited;
14 (45) for a period of 18 months after June 28, 1996,
15 by the Village of Schaumburg for the acquisition of land,
16 easements, and aviation easements for the purpose of a
17 public airport in Cook and DuPage Counties; provided that
18 if any proceedings under the provisions of this Article
19 are pending on that date, "quick-take" may be utilized by
20 the Village of Schaumburg;
21 (46) for a period of one year after June 28, 1996,
22 by the City of Pinckneyville for the acquisition of land
23 and easements to provide for improvements to its water
24 treatment and storage facilities and water transmission
25 pipes, and for the construction of a sewerage treatment
26 facility and sewerage transmission pipes to serve the
27 Illinois Department of Corrections Pinckneyville
28 Correctional Facility;
29 (47) for a period of 6 months after June 28, 1996,
30 by the City of Streator for the acquisition of property
31 described as follows for a first flush basin sanitary
32 sewer system:
33 Tract 5: That part of lots 20 and 21 in Block
34 6 in Moore and Plumb's addition to the city of
35 Streator, Illinois, lying south of the right of way
-65- LRB9001775MWksccr
1 of the switch track of the Norfolk and Western
2 Railroad (now abandoned) in the county of LaSalle,
3 state of Illinois.
4 Tract 6: That part of lots 30, 31 and 32 in
5 Block 7 in Moore and Plumb's Addition to the city of
6 Streator, Illinois, lying north of the centerline of
7 Coal Run Creek and south of the right of way of the
8 switch track of the Norfolk and Western Railroad
9 (now abandoned) in the county of LaSalle, state of
10 Illinois;
11 (48) for a period of 36 months after January 16,
12 1997 the effective date of this amendatory Act of 1996,
13 by the Bi-State Development Agency of the
14 Missouri-Illinois Metropolitan District for the
15 acquisition of rights of way and related property
16 necessary for the construction and operation of the
17 MetroLink Light Rail System, beginning in East St. Louis,
18 Illinois, and terminating at Mid America Airport, St.
19 Clair County, Illinois;
20 (49) for a period of 2 years after January 16, 1997
21 the effective date of this amendatory Act of 1996, by the
22 Village of Schaumburg for the acquisition of
23 rights-of-way, permanent easements, and temporary
24 easements for the purpose of improving the Roselle
25 Road/Illinois Route 58/Illinois Route 72 corridor,
26 including rights-of-way along Roselle Road, Remington
27 Road, Valley Lake Drive, State Parkway, Commerce Drive,
28 Kristin Circle, and Hillcrest Boulevard, a permanent
29 easement along Roselle Road, and temporary easements
30 along Roselle Road, State Parkway, Valley Lake Drive,
31 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
32 in Cook County;.
33 (50) (48) by the Department of Transportation for
34 purposes of acquiring private property as specified in
35 the Meigs Field Airport Act;.
-66- LRB9001775MWksccr
1 (51) for a period of 3 years after July 1, 1997, by
2 the Village of Elmwood Park to be used only for the
3 acquisition of commercially zoned property within the
4 area designated as the Tax Increment Redevelopment
5 Project Area by ordinance passed and approved on December
6 15, 1986, as well as to be used only for the acquisition
7 of commercially zoned property located at the northwest
8 corner of North Avenue and Harlem Avenue and commercially
9 zoned property located at the southwest corner of Harlem
10 Avenue and Armitage Avenue for redevelopment purposes, as
11 set forth in Division 74.3 of Article 11 of the Illinois
12 Municipal Code.
13 In a proceeding subject to this Section, the plaintiff,
14 at any time after the complaint has been filed and before
15 judgment is entered in the proceeding, may file a written
16 motion requesting that, immediately or at some specified
17 later date, the plaintiff either be vested with the fee
18 simple title (or such lesser estate, interest or easement, as
19 may be required) to the real property, or specified portion
20 thereof, which is the subject of the proceeding, and be
21 authorized to take possession of and use such property; or
22 only be authorized to take possession of and to use such
23 property, if such possession and use, without the vesting of
24 title, are sufficient to permit the plaintiff to proceed with
25 the project until the final ascertainment of compensation;
26 however, no land or interests therein now or hereafter owned,
27 leased, controlled or operated and used by, or necessary for
28 the actual operation of, any common carrier engaged in
29 interstate commerce, or any other public utility subject to
30 the jurisdiction of the Illinois Commerce Commission, shall
31 be taken or appropriated hereunder by the State of Illinois,
32 the Illinois Toll Highway Authority, the sanitary district,
33 the St. Louis Metropolitan Area Airport Authority or the
34 Board of Trustees of the University of Illinois without first
35 securing the approval of such Commission.
-67- LRB9001775MWksccr
1 Except as hereinafter stated, the motion for taking shall
2 state: (1) an accurate description of the property to which
3 the motion relates and the estate or interest sought to be
4 acquired therein; (2) the formally adopted schedule or plan
5 of operation for the execution of the plaintiff's project;
6 (3) the situation of the property to which the motion
7 relates, with respect to the schedule or plan; (4) the
8 necessity for taking such property in the manner requested in
9 the motion; and (5) if the property (except property
10 described in Section 3 of the Sports Stadium Act, or property
11 described as Site B in Section 2 of the Metropolitan Pier and
12 Exposition Authority Act, or property that is taken as
13 provided in the Meigs Field Airport Act) to be taken is
14 owned, leased, controlled or operated and used by, or
15 necessary for the actual operation of, any interstate common
16 carrier or other public utility subject to the jurisdiction
17 of the Illinois Commerce Commission, a statement to the
18 effect that the approval of such proposed taking has been
19 secured from such Commission, and attaching to such motion a
20 certified copy of the order of such Commission granting such
21 approval. If the schedule or plan of operation is not set
22 forth fully in the motion, a copy of such schedule or plan
23 shall be attached to the motion.
24 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
25 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
26 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
27 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
28 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
29 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
30 Section 995. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
34 text does not accelerate or delay the taking effect of (i)
-68- LRB9001775MWksccr
1 the changes made by this Act or (ii) provisions derived from
2 any other Public Act.
3 Section 999. Effective date. This Act takes effect upon
4 becoming law.".
5 Submitted on , 1997.
6 ______________________________ _____________________________
7 Senator T. Walsh Representative Capparelli
8 ______________________________ _____________________________
9 Senator Butler Representative Burke
10 ______________________________ _____________________________
11 Senator Dudycz Representative Hannig
12 ______________________________ _____________________________
13 Senator Bowles Representative Churchill
14 ______________________________ _____________________________
15 Senator Shaw Representative Rutherford
16 Committee for the Senate Committee for the House