State of Illinois
92nd General Assembly
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92_HB0456

 
                                               LRB9203549SMdv

 1        AN ACT concerning municipalities

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    changing Section 11-74.4-3 as follows:

 6        (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
 7        Sec.   11-74.4-3.   Definitions.   The  following  terms,
 8    wherever used or referred to in this Division 74.4 shall have
 9    the following respective  meanings,  unless  in  any  case  a
10    different meaning clearly appears from the context.
11        (a)  For  any  redevelopment  project  area that has been
12    designated pursuant to this Section by an  ordinance  adopted
13    prior  to  November 1, 1999 (the effective date of Public Act
14    91-478), "blighted area" shall have the meaning set forth  in
15    this Section prior to that date.
16        On  and after November 1, 1999, "blighted area" means any
17    improved  or  vacant  area  within  the   boundaries   of   a
18    redevelopment  project  area  located  within the territorial
19    limits of the municipality where:
20             (1)  If  improved,   industrial,   commercial,   and
21        residential  buildings or improvements are detrimental to
22        the public  safety,  health,  or  welfare  because  of  a
23        combination  of  5 or more of the following factors, each
24        of which is (i) present, with that  presence  documented,
25        to  a  meaningful  extent  so  that  a  municipality  may
26        reasonably find that the factor is clearly present within
27        the  intent  of  the  Act and (ii) reasonably distributed
28        throughout the improved part of the redevelopment project
29        area:
30                  (A)  Dilapidation.   An   advanced   state   of
31             disrepair  or  neglect  of  necessary repairs to the
 
                            -2-                LRB9203549SMdv
 1             primary  structural  components  of   buildings   or
 2             improvements in such a combination that a documented
 3             building  condition  analysis  determines that major
 4             repair is required or the defects are so serious and
 5             so extensive that the buildings must be removed.
 6                  (B)  Obsolescence.  The condition or process of
 7             falling  into   disuse.   Structures   have   become
 8             ill-suited for the original use.
 9                  (C)  Deterioration.  With respect to buildings,
10             defects including, but not limited to, major defects
11             in  the secondary building components such as doors,
12             windows,  porches,  gutters  and   downspouts,   and
13             fascia.   With respect to surface improvements, that
14             the condition of roadways, alleys,  curbs,  gutters,
15             sidewalks,  off-street  parking, and surface storage
16             areas evidence  deterioration,  including,  but  not
17             limited  to,  surface cracking, crumbling, potholes,
18             depressions,  loose  paving  material,   and   weeds
19             protruding through paved surfaces.
20                  (D)  Presence  of structures below minimum code
21             standards.  All structures  that  do  not  meet  the
22             standards  of  zoning,  subdivision, building, fire,
23             and other governmental codes applicable to property,
24             but not including housing and  property  maintenance
25             codes.
26                  (E)  Illegal use of individual structures.  The
27             use   of   structures  in  violation  of  applicable
28             federal, State, or local laws,  exclusive  of  those
29             applicable  to  the  presence  of  structures  below
30             minimum code standards.
31                  (F)  Excessive   vacancies.   The  presence  of
32             buildings that are unoccupied or under-utilized  and
33             that  represent  an  adverse  influence  on the area
34             because of the frequency, extent, or duration of the
 
                            -3-                LRB9203549SMdv
 1             vacancies.
 2                  (G)  Lack of ventilation,  light,  or  sanitary
 3             facilities.  The absence of adequate ventilation for
 4             light  or air circulation in spaces or rooms without
 5             windows, or that require the removal of dust,  odor,
 6             gas,  smoke,  or  other  noxious airborne materials.
 7             Inadequate natural light and ventilation  means  the
 8             absence  of skylights or windows for interior spaces
 9             or rooms and improper window sizes  and  amounts  by
10             room   area   to  window  area  ratios.   Inadequate
11             sanitary  facilities  refers  to  the   absence   or
12             inadequacy   of   garbage   storage  and  enclosure,
13             bathroom facilities, hot  water  and  kitchens,  and
14             structural   inadequacies   preventing  ingress  and
15             egress to and from all  rooms  and  units  within  a
16             building.
17                  (H)  Inadequate   utilities.   Underground  and
18             overhead utilities such as storm  sewers  and  storm
19             drainage,  sanitary  sewers,  water  lines, and gas,
20             telephone, and electrical services that are shown to
21             be inadequate.  Inadequate utilities are those  that
22             are:  (i) of insufficient capacity to serve the uses
23             in   the   redevelopment    project    area,    (ii)
24             deteriorated, antiquated, obsolete, or in disrepair,
25             or  (iii)  lacking  within the redevelopment project
26             area.
27                  (I)  Excessive land coverage  and  overcrowding
28             of   structures   and   community  facilities.   The
29             over-intensive use of property and the  crowding  of
30             buildings  and  accessory  facilities  onto  a site.
31             Examples  of  problem  conditions   warranting   the
32             designation  of  an area as one exhibiting excessive
33             land coverage are: (i)  the  presence  of  buildings
34             either  improperly situated on parcels or located on
 
                            -4-                LRB9203549SMdv
 1             parcels of inadequate size and shape in relation  to
 2             present-day  standards of development for health and
 3             safety and (ii) the presence of  multiple  buildings
 4             on  a  single  parcel.  For there to be a finding of
 5             excessive land coverage, these parcels must  exhibit
 6             one   or   more   of   the   following   conditions:
 7             insufficient  provision  for light and air within or
 8             around buildings, increased threat of spread of fire
 9             due to the close proximity  of  buildings,  lack  of
10             adequate  or proper access to a public right-of-way,
11             lack of reasonably required off-street  parking,  or
12             inadequate provision for loading and service.
13                  (J)  Deleterious   land  use  or  layout.   The
14             existence of  incompatible  land-use  relationships,
15             buildings  occupied  by inappropriate mixed-uses, or
16             uses  considered  to  be  noxious,   offensive,   or
17             unsuitable for the surrounding area.
18                  (K)  Environmental   clean-up.    The  proposed
19             redevelopment project  area  has  incurred  Illinois
20             Environmental  Protection  Agency  or  United States
21             Environmental Protection  Agency  remediation  costs
22             for,   or   a  study  conducted  by  an  independent
23             consultant  recognized  as   having   expertise   in
24             environmental remediation has determined a need for,
25             the   clean-up   of   hazardous   waste,   hazardous
26             substances, or underground storage tanks required by
27             State  or federal law, provided that the remediation
28             costs  constitute  a  material  impediment  to   the
29             development  or  redevelopment  of the redevelopment
30             project area.
31                  (L)  Lack of community planning.  The  proposed
32             redevelopment project area was developed prior to or
33             without the benefit or guidance of a community plan.
34             This  means  that  the development occurred prior to
 
                            -5-                LRB9203549SMdv
 1             the adoption by the municipality of a  comprehensive
 2             or  other  community  plan  or that the plan was not
 3             followed at the  time  of  the  area's  development.
 4             This  factor  must  be  documented  by  evidence  of
 5             adverse   or  incompatible  land-use  relationships,
 6             inadequate  street  layout,  improper   subdivision,
 7             parcels   of  inadequate  shape  and  size  to  meet
 8             contemporary   development   standards,   or   other
 9             evidence  demonstrating  an  absence  of   effective
10             community planning.
11                  (M)  The  total equalized assessed value of the
12             proposed redevelopment project area has declined for
13             3 of the last 5 calendar years prior to the year  in
14             which  the  redevelopment project area is designated
15             or is increasing at an annual rate that is less than
16             the balance of the municipality for 3 of the last  5
17             calendar years for which information is available or
18             is  increasing  at  an annual rate that is less than
19             the Consumer Price Index  for  All  Urban  Consumers
20             published  by  the United States Department of Labor
21             or successor agency for 3 of  the  last  5  calendar
22             years  prior  to the year in which the redevelopment
23             project area is designated.
24             (2)  If   vacant,   the   sound   growth   of    the
25        redevelopment  project  area is impaired by a combination
26        of 2 or more of the following factors, each of  which  is
27        (i)   present,   with  that  presence  documented,  to  a
28        meaningful extent so that a municipality  may  reasonably
29        find that the factor is clearly present within the intent
30        of the Act and (ii) reasonably distributed throughout the
31        vacant part of the redevelopment project area to which it
32        pertains:
33                  (A)  Obsolete  platting  of  vacant  land  that
34             results  in  parcels  of  limited  or narrow size or
 
                            -6-                LRB9203549SMdv
 1             configurations of parcels of irregular size or shape
 2             that would be difficult  to  develop  on  a  planned
 3             basis  and  in a manner compatible with contemporary
 4             standards and requirements, or platting that  failed
 5             to  create  rights-of-ways  for streets or alleys or
 6             that  created  inadequate  right-of-way  widths  for
 7             streets, alleys, or other  public  rights-of-way  or
 8             that omitted easements for public utilities.
 9                  (B)  Diversity   of  ownership  of  parcels  of
10             vacant land sufficient in number to retard or impede
11             the ability to assemble the land for development.
12                  (C)  Tax and special  assessment  delinquencies
13             exist  or  the  property has been the subject of tax
14             sales under the Property Tax Code within the last 5
15             years.
16                  (D)  Deterioration  of   structures   or   site
17             improvements  in  neighboring  areas adjacent to the
18             vacant land.
19                  (E)  The    area    has    incurred    Illinois
20             Environmental Protection  Agency  or  United  States
21             Environmental  Protection  Agency  remediation costs
22             for,  or  a  study  conducted  by   an   independent
23             consultant   recognized   as   having  expertise  in
24             environmental remediation has determined a need for,
25             the   clean-up   of   hazardous   waste,   hazardous
26             substances, or underground storage tanks required by
27             State or federal law, provided that the  remediation
28             costs   constitute  a  material  impediment  to  the
29             development or redevelopment  of  the  redevelopment
30             project area.
31                  (F)  The  total equalized assessed value of the
32             proposed redevelopment project area has declined for
33             3 of the last 5 calendar years prior to the year  in
34             which  the  redevelopment project area is designated
 
                            -7-                LRB9203549SMdv
 1             or is increasing at an annual rate that is less than
 2             the balance of the municipality for 3 of the last  5
 3             calendar years for which information is available or
 4             is  increasing  at  an annual rate that is less than
 5             the Consumer Price Index  for  All  Urban  Consumers
 6             published  by  the United States Department of Labor
 7             or successor agency for 3 of  the  last  5  calendar
 8             years  prior  to the year in which the redevelopment
 9             project area is designated.
10             (3)  If   vacant,   the   sound   growth   of    the
11        redevelopment  project  area  is  impaired  by one of the
12        following factors that (i) is present, with that presence
13        documented, to a meaningful extent so that a municipality
14        may reasonably find that the factor  is  clearly  present
15        within  the  intent  of  the  Act  and (ii) is reasonably
16        distributed   throughout   the   vacant   part   of   the
17        redevelopment project area to which it pertains:
18                  (A)  The area consists of one  or  more  unused
19             quarries, mines, or strip mine ponds.
20                  (B)  The  area  consists  of  unused railyards,
21             rail tracks, or railroad rights-of-way.
22                  (C)  The area, prior  to  its  designation,  is
23             subject  to  chronic flooding that adversely impacts
24             on real property in  the  area  as  certified  by  a
25             registered   professional  engineer  or  appropriate
26             regulatory agency.
27                  (D)  The area consists of an unused or  illegal
28             disposal  site  containing  earth,  stone,  building
29             debris,  or similar materials that were removed from
30             construction,  demolition,  excavation,  or   dredge
31             sites.
32                  (E)  Prior to November 1, 1999, the area is not
33             less  than  50  nor  more  than 100 acres and 75% of
34             which is vacant (notwithstanding that the  area  has
 
                            -8-                LRB9203549SMdv
 1             been   used  for  commercial  agricultural  purposes
 2             within 5 years  prior  to  the  designation  of  the
 3             redevelopment  project  area), and the area meets at
 4             least one of the factors itemized in  paragraph  (1)
 5             of  this subsection, the area has been designated as
 6             a  town  or   village   center   by   ordinance   or
 7             comprehensive plan adopted prior to January 1, 1982,
 8             and  the  area  has  not  been  developed  for  that
 9             designated purpose.
10                  (F)  The  area qualified as a blighted improved
11             area immediately prior to  becoming  vacant,  unless
12             there has been substantial private investment in the
13             immediately surrounding area.
14        (b)  For  any  redevelopment  project  area that has been
15    designated pursuant to this Section by an  ordinance  adopted
16    prior  to  November 1, 1999 (the effective date of Public Act
17    91-478), "conservation area" shall have the meaning set forth
18    in this Section prior to that date.
19        On and after November 1, 1999, "conservation area"  means
20    any  improved  area  within the boundaries of a redevelopment
21    project area located within the  territorial  limits  of  the
22    municipality  in  which  50% or more of the structures in the
23    area have an age of 35 years or more.  Such an  area  is  not
24    yet a blighted area but because of a combination of 3 or more
25    of the following factors is detrimental to the public safety,
26    health,  morals  or  welfare  and  such  an area may become a
27    blighted area:
28             (1)  Dilapidation.  An advanced state  of  disrepair
29        or neglect of necessary repairs to the primary structural
30        components   of  buildings  or  improvements  in  such  a
31        combination that a documented building condition analysis
32        determines that major repair is required or  the  defects
33        are  so  serious and so extensive that the buildings must
34        be removed.
 
                            -9-                LRB9203549SMdv
 1             (2)  Obsolescence.   The  condition  or  process  of
 2        falling into disuse. Structures  have  become  ill-suited
 3        for the original use.
 4             (3)  Deterioration.    With  respect  to  buildings,
 5        defects including, but not limited to, major  defects  in
 6        the secondary building components such as doors, windows,
 7        porches,   gutters  and  downspouts,  and  fascia.   With
 8        respect to surface improvements, that  the  condition  of
 9        roadways,  alleys,  curbs, gutters, sidewalks, off-street
10        parking,   and    surface    storage    areas    evidence
11        deterioration,  including,  but  not  limited to, surface
12        cracking, crumbling, potholes, depressions, loose  paving
13        material, and weeds protruding through paved surfaces.
14             (4)  Presence   of  structures  below  minimum  code
15        standards.  All structures that do not meet the standards
16        of  zoning,  subdivision,  building,  fire,   and   other
17        governmental   codes  applicable  to  property,  but  not
18        including housing and property maintenance codes.
19             (5)  Illegal use of individual structures.  The  use
20        of  structures in violation of applicable federal, State,
21        or local laws,  exclusive  of  those  applicable  to  the
22        presence of structures below minimum code standards.
23             (6)  Excessive vacancies.  The presence of buildings
24        that  are unoccupied or under-utilized and that represent
25        an  adverse  influence  on  the  area  because   of   the
26        frequency, extent, or duration of the vacancies.
27             (7)  Lack   of   ventilation,   light,  or  sanitary
28        facilities.  The  absence  of  adequate  ventilation  for
29        light  or  air  circulation  in  spaces  or rooms without
30        windows, or that require the removal of dust, odor,  gas,
31        smoke,  or  other noxious airborne materials.  Inadequate
32        natural  light  and  ventilation  means  the  absence  or
33        inadequacy of skylights or windows for interior spaces or
34        rooms and improper window sizes and amounts by room  area
 
                            -10-               LRB9203549SMdv
 1        to  window  area  ratios.  Inadequate sanitary facilities
 2        refers to the absence or inadequacy  of  garbage  storage
 3        and   enclosure,   bathroom  facilities,  hot  water  and
 4        kitchens, and structural inadequacies preventing  ingress
 5        and  egress  to  and  from  all  rooms and units within a
 6        building.
 7             (8)  Inadequate utilities.  Underground and overhead
 8        utilities  such  as  storm  sewers  and  storm  drainage,
 9        sanitary sewers, water lines,  and  gas,  telephone,  and
10        electrical  services  that  are  shown  to be inadequate.
11        Inadequate  utilities  are  those  that   are:   (i)   of
12        insufficient   capacity   to   serve   the  uses  in  the
13        redevelopment   project    area,    (ii)    deteriorated,
14        antiquated,  obsolete,  or in disrepair, or (iii) lacking
15        within the redevelopment project area.
16             (9)  Excessive land  coverage  and  overcrowding  of
17        structures  and community facilities.  The over-intensive
18        use  of  property  and  the  crowding  of  buildings  and
19        accessory facilities onto a site.   Examples  of  problem
20        conditions  warranting  the designation of an area as one
21        exhibiting excessive land coverage are: the  presence  of
22        buildings   either  improperly  situated  on  parcels  or
23        located on  parcels  of  inadequate  size  and  shape  in
24        relation  to  present-day  standards  of  development for
25        health and safety and the presence of multiple  buildings
26        on  a  single  parcel.   For  there  to  be  a finding of
27        excessive land coverage, these parcels must  exhibit  one
28        or   more   of  the  following  conditions:  insufficient
29        provision for light and air within or  around  buildings,
30        increased  threat  of  spread  of  fire  due to the close
31        proximity of buildings, lack of adequate or proper access
32        to a public right-of-way,  lack  of  reasonably  required
33        off-street  parking,  or inadequate provision for loading
34        and service.
 
                            -11-               LRB9203549SMdv
 1             (10)  Deleterious land use or layout.  The existence
 2        of   incompatible   land-use   relationships,   buildings
 3        occupied by inappropriate mixed-uses, or uses  considered
 4        to   be   noxious,   offensive,  or  unsuitable  for  the
 5        surrounding area.
 6             (11)  Lack  of  community  planning.   The  proposed
 7        redevelopment project area  was  developed  prior  to  or
 8        without the benefit or guidance of a community plan. This
 9        means that the development occurred prior to the adoption
10        by the municipality of a comprehensive or other community
11        plan or that the plan was not followed at the time of the
12        area's  development.   This  factor must be documented by
13        evidence   of   adverse    or    incompatible    land-use
14        relationships,   inadequate   street   layout,   improper
15        subdivision, parcels of inadequate shape and size to meet
16        contemporary  development  standards,  or  other evidence
17        demonstrating an absence of effective community planning.
18             (12)  The area has incurred  Illinois  Environmental
19        Protection   Agency   or   United   States  Environmental
20        Protection Agency  remediation  costs  for,  or  a  study
21        conducted  by  an  independent  consultant  recognized as
22        having  expertise  in   environmental   remediation   has
23        determined  a  need for, the clean-up of hazardous waste,
24        hazardous  substances,  or  underground   storage   tanks
25        required  by  State  or  federal  law,  provided that the
26        remediation costs constitute a material impediment to the
27        development or redevelopment of the redevelopment project
28        area.
29             (13)  The total  equalized  assessed  value  of  the
30        proposed redevelopment project area has declined for 3 of
31        the  last  5  calendar  years  for  which  information is
32        available or is increasing at an annual rate that is less
33        than the balance of the municipality for 3 of the last  5
34        calendar  years  for which information is available or is
 
                            -12-               LRB9203549SMdv
 1        increasing at an  annual  rate  that  is  less  than  the
 2        Consumer Price Index for All Urban Consumers published by
 3        the United States Department of Labor or successor agency
 4        for  3 of the last 5 calendar years for which information
 5        is available.
 6        (c)  "Industrial park" means an area  in  a  blighted  or
 7    conservation  area  suitable  for  use  by any manufacturing,
 8    industrial,  research  or   transportation   enterprise,   of
 9    facilities to include but not be limited to factories, mills,
10    processing   plants,   assembly   plants,   packing   plants,
11    fabricating    plants,   industrial   distribution   centers,
12    warehouses, repair overhaul or  service  facilities,  freight
13    terminals,  research  facilities, test facilities or railroad
14    facilities.
15        (d)  "Industrial park conservation area"  means  an  area
16    within the boundaries of a redevelopment project area located
17    within  the  territorial  limits  of a municipality that is a
18    labor surplus municipality or  within  1  1/2  miles  of  the
19    territorial  limits of a municipality that is a labor surplus
20    municipality if the area  is  annexed  to  the  municipality;
21    which  area  is zoned as industrial no later than at the time
22    the municipality by ordinance  designates  the  redevelopment
23    project  area,  and  which  area  includes  both  vacant land
24    suitable for use as an industrial park and a blighted area or
25    conservation area contiguous to such vacant land.
26        (e)  "Labor surplus municipality" means a municipality in
27    which,  at  any  time  during  the  6   months   before   the
28    municipality  by  ordinance  designates  an  industrial  park
29    conservation  area, the unemployment rate was over 6% and was
30    also 100% or more of the national average  unemployment  rate
31    for  that  same  time  as  published  in  the  United  States
32    Department  of  Labor  Bureau of Labor Statistics publication
33    entitled  "The  Employment  Situation"   or   its   successor
34    publication.   For   the   purpose  of  this  subsection,  if
 
                            -13-               LRB9203549SMdv
 1    unemployment rate statistics for  the  municipality  are  not
 2    available, the unemployment rate in the municipality shall be
 3    deemed  to  be  the  same  as  the  unemployment  rate in the
 4    principal county in which the municipality is located.
 5        (f)  "Municipality"  shall  mean  a  city,   village   or
 6    incorporated town.
 7        (g)  "Initial  Sales  Tax  Amounts"  means  the amount of
 8    taxes paid under the Retailers' Occupation Tax Act,  Use  Tax
 9    Act, Service Use Tax Act, the Service Occupation Tax Act, the
10    Municipal  Retailers'  Occupation  Tax Act, and the Municipal
11    Service Occupation Tax Act by  retailers  and  servicemen  on
12    transactions  at places located in a State Sales Tax Boundary
13    during the calendar year 1985.
14        (g-1)  "Revised Initial  Sales  Tax  Amounts"  means  the
15    amount of taxes paid under the Retailers' Occupation Tax Act,
16    Use  Tax Act, Service Use Tax Act, the Service Occupation Tax
17    Act, the Municipal Retailers' Occupation  Tax  Act,  and  the
18    Municipal   Service  Occupation  Tax  Act  by  retailers  and
19    servicemen on transactions at places located within the State
20    Sales Tax Boundary revised pursuant to Section  11-74.4-8a(9)
21    of this Act.
22        (h)  "Municipal  Sales  Tax  Increment"  means  an amount
23    equal to the increase in the aggregate amount of  taxes  paid
24    to  a municipality from the Local Government Tax Fund arising
25    from  sales  by   retailers   and   servicemen   within   the
26    redevelopment  project  area  or State Sales Tax Boundary, as
27    the case may be, for as long  as  the  redevelopment  project
28    area  or  State Sales Tax Boundary, as the case may be, exist
29    over and above the aggregate amount of taxes as certified  by
30    the  Illinois  Department  of  Revenue  and  paid  under  the
31    Municipal  Retailers'  Occupation  Tax  Act and the Municipal
32    Service Occupation Tax Act by retailers  and  servicemen,  on
33    transactions   at   places   of   business   located  in  the
34    redevelopment project area or State Sales  Tax  Boundary,  as
 
                            -14-               LRB9203549SMdv
 1    the  case  may  be,  during  the base year which shall be the
 2    calendar year immediately prior to  the  year  in  which  the
 3    municipality adopted tax increment allocation financing.  For
 4    purposes  of computing the aggregate amount of such taxes for
 5    base years occurring prior to 1985, the Department of Revenue
 6    shall determine the Initial Sales Tax Amounts for such  taxes
 7    and  deduct  therefrom an amount equal to 4% of the aggregate
 8    amount of taxes per year for each year the base year is prior
 9    to 1985, but not to exceed a total deduction  of  12%.    The
10    amount  so determined shall be known as the "Adjusted Initial
11    Sales  Tax  Amounts".   For  purposes  of   determining   the
12    Municipal  Sales  Tax  Increment,  the  Department of Revenue
13    shall for each period subtract from the amount  paid  to  the
14    municipality  from the Local Government Tax Fund arising from
15    sales by retailers and servicemen on transactions located  in
16    the  redevelopment  project  area  or  the  State  Sales  Tax
17    Boundary, as the case may be, the certified Initial Sales Tax
18    Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
19    Revised  Initial  Sales  Tax  Amounts   for   the   Municipal
20    Retailers'  Occupation  Tax  Act  and  the  Municipal Service
21    Occupation Tax Act.  For the State  Fiscal  Year  1989,  this
22    calculation shall be made by utilizing the calendar year 1987
23    to  determine the tax amounts received.  For the State Fiscal
24    Year 1990, this calculation shall be made  by  utilizing  the
25    period  from  January  1,  1988, until September 30, 1988, to
26    determine  the  tax  amounts  received  from  retailers   and
27    servicemen  pursuant  to  the Municipal Retailers' Occupation
28    Tax and the Municipal Service Occupation Tax Act, which shall
29    have  deducted  therefrom  nine-twelfths  of  the   certified
30    Initial  Sales  Tax  Amounts,  the Adjusted Initial Sales Tax
31    Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
32    appropriate. For the State Fiscal Year 1991, this calculation
33    shall  be  made by utilizing the period from October 1, 1988,
34    to June 30, 1989, to determine the tax amounts received  from
 
                            -15-               LRB9203549SMdv
 1    retailers and servicemen pursuant to the Municipal Retailers'
 2    Occupation  Tax  and the Municipal Service Occupation Tax Act
 3    which shall have  deducted  therefrom  nine-twelfths  of  the
 4    certified  Initial  Sales Tax Amounts, Adjusted Initial Sales
 5    Tax Amounts or the  Revised  Initial  Sales  Tax  Amounts  as
 6    appropriate.  For  every  State  Fiscal  Year thereafter, the
 7    applicable period shall be the 12 months beginning July 1 and
 8    ending June 30 to determine the tax  amounts  received  which
 9    shall have deducted therefrom the certified Initial Sales Tax
10    Amounts,  the  Adjusted  Initial  Sales  Tax  Amounts  or the
11    Revised Initial Sales Tax Amounts, as the case may be.
12        (i)  "Net State Sales Tax Increment" means the sum of the
13    following: (a) 80% of the first $100,000 of State  Sales  Tax
14    Increment   annually  generated  within  a  State  Sales  Tax
15    Boundary; (b) 60% of the amount in excess of $100,000 but not
16    exceeding $500,000 of  State  Sales  Tax  Increment  annually
17    generated  within  a State Sales Tax Boundary; and (c) 40% of
18    all  amounts  in  excess  of  $500,000  of  State  Sales  Tax
19    Increment  annually  generated  within  a  State  Sales   Tax
20    Boundary.   If,  however,  a  municipality  established a tax
21    increment financing district in a county with a population in
22    excess  of  3,000,000  before  January  1,  1986,   and   the
23    municipality  entered  into  a contract or issued bonds after
24    January 1, 1986, but before December  31,  1986,  to  finance
25    redevelopment   project   costs  within  a  State  Sales  Tax
26    Boundary, then the Net State Sales Tax Increment  means,  for
27    the  fiscal  years  beginning July 1, 1990, and July 1, 1991,
28    100% of the State  Sales  Tax  Increment  annually  generated
29    within  a  State  Sales Tax Boundary; and notwithstanding any
30    other provision of this  Act,  for  those  fiscal  years  the
31    Department    of    Revenue   shall   distribute   to   those
32    municipalities 100% of their Net State  Sales  Tax  Increment
33    before   any  distribution  to  any  other  municipality  and
34    regardless of whether or not those other municipalities  will
 
                            -16-               LRB9203549SMdv
 1    receive  100%  of  their  Net State Sales Tax Increment.  For
 2    Fiscal Year 1999, and every year thereafter  until  the  year
 3    2007,  for  any  municipality  that  has  not  entered into a
 4    contract or has not issued bonds prior to  June  1,  1988  to
 5    finance  redevelopment project costs within a State Sales Tax
 6    Boundary,  the  Net  State  Sales  Tax  Increment  shall   be
 7    calculated as follows: By multiplying the Net State Sales Tax
 8    Increment  by  90%  in the State Fiscal Year 1999; 80% in the
 9    State Fiscal Year 2000; 70% in the State  Fiscal  Year  2001;
10    60%  in  the  State Fiscal Year 2002; 50% in the State Fiscal
11    Year 2003; 40% in the State Fiscal  Year  2004;  30%  in  the
12    State  Fiscal  Year  2005; 20% in the State Fiscal Year 2006;
13    and 10% in the State Fiscal Year 2007. No  payment  shall  be
14    made for State Fiscal Year 2008 and thereafter.
15        Municipalities  that  issued  bonds  in connection with a
16    redevelopment project in a redevelopment project area  within
17    the  State Sales Tax Boundary prior to July 29, 1991, or that
18    entered into contracts in  connection  with  a  redevelopment
19    project  in a redevelopment project area before June 1, 1988,
20    shall continue to receive their  proportional  share  of  the
21    Illinois  Tax  Increment  Fund distribution until the date on
22    which the redevelopment project is completed  or  terminated,
23    or  the  date on which the bonds are retired or the contracts
24    are completed, whichever date occurs first. Refunding of  any
25    bonds  issued prior to July 29, 1991, shall not alter the Net
26    State Sales Tax Increment.
27        (j)  "State Utility Tax Increment Amount" means an amount
28    equal to the aggregate increase in State electric and gas tax
29    charges imposed on owners and tenants, other than residential
30    customers, of properties  located  within  the  redevelopment
31    project area under Section 9-222 of the Public Utilities Act,
32    over  and above the aggregate of such charges as certified by
33    the Department of Revenue and paid  by  owners  and  tenants,
34    other  than  residential  customers, of properties within the
 
                            -17-               LRB9203549SMdv
 1    redevelopment project area during the base year, which  shall
 2    be  the  calendar  year  immediately prior to the year of the
 3    adoption  of  the   ordinance   authorizing   tax   increment
 4    allocation financing.
 5        (k)  "Net  State  Utility Tax Increment" means the sum of
 6    the following: (a) 80% of the first $100,000 of State Utility
 7    Tax Increment annually generated by a  redevelopment  project
 8    area;  (b)  60%  of  the amount in excess of $100,000 but not
 9    exceeding  $500,000  of  the  State  Utility  Tax   Increment
10    annually  generated  by a redevelopment project area; and (c)
11    40% of all amounts in excess of $500,000 of State Utility Tax
12    Increment annually generated by a redevelopment project area.
13    For the State Fiscal Year 1999,  and  every  year  thereafter
14    until  the  year  2007,  for  any  municipality  that has not
15    entered into a contract or has not issued bonds prior to June
16    1, 1988 to  finance  redevelopment  project  costs  within  a
17    redevelopment   project  area,  the  Net  State  Utility  Tax
18    Increment shall be calculated as follows: By multiplying  the
19    Net  State  Utility  Tax Increment by 90% in the State Fiscal
20    Year 1999; 80% in the State Fiscal  Year  2000;  70%  in  the
21    State  Fiscal  Year  2001; 60% in the State Fiscal Year 2002;
22    50% in the State Fiscal Year 2003; 40% in  the  State  Fiscal
23    Year  2004;  30%  in  the  State Fiscal Year 2005; 20% in the
24    State Fiscal Year 2006; and 10%  in  the  State  Fiscal  Year
25    2007. No payment shall be made for the State Fiscal Year 2008
26    and thereafter.
27        Municipalities  that  issue  bonds in connection with the
28    redevelopment project during the period  from  June  1,  1988
29    until 3 years after the effective date of this Amendatory Act
30    of  1988  shall  receive the Net State Utility Tax Increment,
31    subject to appropriation, for 15 State Fiscal Years after the
32    issuance of such bonds.  For the 16th through the 20th  State
33    Fiscal  Years  after  issuance  of  the  bonds, the Net State
34    Utility Tax Increment shall  be  calculated  as  follows:  By
 
                            -18-               LRB9203549SMdv
 1    multiplying  the  Net  State  Utility Tax Increment by 90% in
 2    year 16; 80% in year 17; 70% in year 18; 60% in year 19;  and
 3    50%  in  year 20. Refunding of any bonds issued prior to June
 4    1, 1988, shall not alter the revised Net  State  Utility  Tax
 5    Increment payments set forth above.
 6        (l)  "Obligations"  mean bonds, loans, debentures, notes,
 7    special certificates or other evidence of indebtedness issued
 8    by the municipality to carry out a redevelopment  project  or
 9    to refund outstanding obligations.
10        (m)  "Payment in lieu of taxes" means those estimated tax
11    revenues  from  real property in a redevelopment project area
12    derived from real  property  that  has  been  acquired  by  a
13    municipality  which according to the redevelopment project or
14    plan is to be used for a private use which  taxing  districts
15    would  have received had a municipality not acquired the real
16    property and adopted tax increment allocation  financing  and
17    which  would  result  from  levies made after the time of the
18    adoption of tax increment allocation financing  to  the  time
19    the   current   equalized  value  of  real  property  in  the
20    redevelopment  project  area  exceeds   the   total   initial
21    equalized value of real property in said area.
22        (n)  "Redevelopment plan" means the comprehensive program
23    of the municipality for development or redevelopment intended
24    by  the  payment  of redevelopment project costs to reduce or
25    eliminate those conditions the existence of  which  qualified
26    the  redevelopment  project  area  as  a  "blighted  area" or
27    "conservation area" or  combination  thereof  or  "industrial
28    park conservation area," and thereby to enhance the tax bases
29    of  the  taxing districts which extend into the redevelopment
30    project area.  On and after November 1, 1999  (the  effective
31    date  of  Public  Act  91-478),  no redevelopment plan may be
32    approved or amended that includes the development  of  vacant
33    land  (i)  with a golf course and related clubhouse and other
34    facilities or (ii) designated by federal, State,  county,  or
 
                            -19-               LRB9203549SMdv
 1    municipal  government as public land for outdoor recreational
 2    activities or for nature preserves and used for that  purpose
 3    within  5  years  prior  to the adoption of the redevelopment
 4    plan.  For the  purpose  of  this  subsection,  "recreational
 5    activities"  is  limited  to  mean camping and hunting.  Each
 6    redevelopment plan shall set forth in writing the program  to
 7    be undertaken to accomplish the objectives  and shall include
 8    but not be limited to:
 9             (A)  an  itemized  list  of  estimated redevelopment
10        project costs;
11             (B)  evidence  indicating  that  the   redevelopment
12        project  area on the whole has not been subject to growth
13        and development through investment by private enterprise;
14             (C)  an assessment of any financial  impact  of  the
15        redevelopment project area on or any increased demand for
16        services  from  any  taxing district affected by the plan
17        and any program  to  address  such  financial  impact  or
18        increased demand;
19             (D)  the sources of funds to pay costs;
20             (E)  the  nature  and  term of the obligations to be
21        issued;
22             (F)  the most recent equalized assessed valuation of
23        the redevelopment project area;
24             (G)  an  estimate  as  to  the  equalized   assessed
25        valuation  after  redevelopment and the general land uses
26        to apply in the redevelopment project area;
27             (H)  a commitment to fair employment  practices  and
28        an affirmative action plan;
29             (I)  if  it concerns an industrial park conservation
30        area, the plan shall also include a  general  description
31        of  any  proposed  developer,  user  and  tenant  of  any
32        property,  a  description  of  the  type,  structure  and
33        general  character  of  the facilities to be developed, a
34        description  of  the  type,  class  and  number  of   new
 
                            -20-               LRB9203549SMdv
 1        employees   to  be  employed  in  the  operation  of  the
 2        facilities to be developed; and
 3             (J)  if  property  is   to   be   annexed   to   the
 4        municipality,  the  plan  shall  include the terms of the
 5        annexation agreement.
 6        The provisions of items (B) and (C)  of  this  subsection
 7    (n)  shall  not apply to a municipality that before March 14,
 8    1994 (the effective date of Public  Act  88-537)  had  fixed,
 9    either  by  its  corporate  authorities  or  by  a commission
10    designated under subsection (k) of Section 11-74.4-4, a  time
11    and  place for a public hearing as required by subsection (a)
12    of Section 11-74.4-5. No redevelopment plan shall be  adopted
13    unless  a  municipality  complies  with  all of the following
14    requirements:
15             (1)  The municipality finds that  the  redevelopment
16        project  area on the whole has not been subject to growth
17        and development through investment by private  enterprise
18        and  would  not reasonably be anticipated to be developed
19        without the adoption of the redevelopment plan.
20             (2)  The municipality finds that  the  redevelopment
21        plan  and  project  conform to the comprehensive plan for
22        the development of the municipality as a whole,  or,  for
23        municipalities  with  a  population  of  100,000 or more,
24        regardless of when the redevelopment plan and project was
25        adopted, the redevelopment plan and project  either:  (i)
26        conforms   to   the  strategic  economic  development  or
27        redevelopment plan  issued  by  the  designated  planning
28        authority of the municipality, or (ii) includes land uses
29        that have been approved by the planning commission of the
30        municipality.
31             (3)  The    redevelopment   plan   establishes   the
32        estimated  dates  of  completion  of  the   redevelopment
33        project  and  retirement of obligations issued to finance
34        redevelopment project costs.  Those dates  shall  not  be
 
                            -21-               LRB9203549SMdv
 1        later  than  December 31 of the year in which the payment
 2        to the municipal treasurer as provided in subsection  (b)
 3        of  Section  11-74.4-8  of  this  Act  is to be made with
 4        respect to ad valorem taxes levied  in  the  twenty-third
 5        calendar  year  after  the  year  in  which the ordinance
 6        approving the redevelopment project area  is  adopted  if
 7        the  ordinance  was adopted on or after January 15, 1981,
 8        and not later than December 31 of the year in  which  the
 9        payment   to  the  municipal  treasurer  as  provided  in
10        subsection (b) of Section 11-74.4-8 of this Act is to  be
11        made  with  respect  to  ad  valorem  taxes levied in the
12        thirty-fifth calendar year after the year  in  which  the
13        ordinance  approving  the  redevelopment  project area is
14        adopted:
15                  (A)  if  the  ordinance  was   adopted   before
16             January 15, 1981, or
17                  (B)  if  the  ordinance was adopted in December
18             1983, April 1984, July 1985, or December 1989, or
19                  (C)  if the ordinance was adopted  in  December
20             1987 and the redevelopment project is located within
21             one mile of Midway Airport, or
22                  (D)  if   the   ordinance  was  adopted  before
23             January 1, 1987 by a municipality in  Mason  County,
24             or
25                  (E)  if  the  municipality  is  subject  to the
26             Local Government Financial Planning and  Supervision
27             Act, or
28                  (F)  if  the  ordinance was adopted in December
29             1984 by the Village of Rosemont, or
30                  (G)  if the ordinance was adopted  on  December
31             31, 1986 by a municipality located in Clinton County
32             for  which  at least $250,000 of tax increment bonds
33             were  authorized  on  June  17,  1997,  or  if   the
34             ordinance  was  adopted  on  December  31, 1986 by a
 
                            -22-               LRB9203549SMdv
 1             municipality with a population in 1990 of less  than
 2             3,600  that is located in a county with a population
 3             in 1990 of less than 34,000 and for which  at  least
 4             $250,000  of  tax increment bonds were authorized on
 5             June 17, 1997, or
 6                  (H)  if the ordinance was adopted on October 5,
 7             1982 by the City of Kankakee, or  if  the  ordinance
 8             was  adopted on December 29, 1986 by East St. Louis,
 9             or
10                  (I)  if the ordinance was adopted  on  November
11             12, 1991 by the Village of Sauget, or
12                  (J)  if  the  ordinance was adopted on February
13             11, 1985 by the City of Rock Island, or
14                  (K)  if  the  ordinance  was   adopted   before
15             December 18, 1986 by the City of Moline, or
16                  (L)  if  the ordinance was adopted on September
17             1, 1988 by Sauk Village, or
18                  (M)  if the ordinance was adopted on August 31,
19             1993 by Sauk Village.
20             However, for redevelopment project areas  for  which
21        bonds  were  issued  before  July  29, 1991, or for which
22        contracts were entered  into  before  June  1,  1988,  in
23        connection  with  a  redevelopment  project  in  the area
24        within the State Sales Tax Boundary, the estimated  dates
25        of completion of the redevelopment project and retirement
26        of obligations to finance redevelopment project costs may
27        be  extended by municipal ordinance to December 31, 2013.
28        The  extension  allowed  by  this  amendatory Act of 1993
29        shall not apply to real property tax increment allocation
30        financing under Section 11-74.4-8.
31             A municipality may by municipal ordinance  amend  an
32        existing  redevelopment plan to conform to this paragraph
33        (3) as amended by  Public  Act  91-478,  which  municipal
34        ordinance  may  be  adopted  without  further  hearing or
 
                            -23-               LRB9203549SMdv
 1        notice and without complying with the procedures provided
 2        in this Act pertaining to an amendment to or the  initial
 3        approval   of   a  redevelopment  plan  and  project  and
 4        designation of a redevelopment project area.
 5             Those dates,  for  purposes  of  real  property  tax
 6        increment   allocation   financing  pursuant  to  Section
 7        11-74.4-8 only, shall be  not  more  than  35  years  for
 8        redevelopment project areas that were adopted on or after
 9        December 16, 1986 and for which at least $8 million worth
10        of  municipal  bonds were authorized on or after December
11        19, 1989 but before January 1, 1990;  provided  that  the
12        municipality   elects   to   extend   the   life  of  the
13        redevelopment project area to 35 years by the adoption of
14        an ordinance after at least 14 but not more than 30 days'
15        written notice to the taxing bodies, that would otherwise
16        constitute the joint review board for  the  redevelopment
17        project area, before the adoption of the ordinance.
18             Those  dates,  for  purposes  of  real  property tax
19        increment  allocation  financing  pursuant   to   Section
20        11-74.4-8  only,  shall  be  not  more  than 35 years for
21        redevelopment project areas that were established  on  or
22        after December 1, 1981 but before January 1, 1982 and for
23        which  at least $1,500,000 worth of tax increment revenue
24        bonds were authorized on or after September 30, 1990  but
25        before  July  1,  1991;  provided  that  the municipality
26        elects to extend the life of  the  redevelopment  project
27        area to 35 years by the adoption of an ordinance after at
28        least 14 but not more than 30 days' written notice to the
29        taxing  bodies, that would otherwise constitute the joint
30        review board for the redevelopment project  area,  before
31        the adoption of the ordinance.
32             (3.5)  The  municipality  finds,  in  the case of an
33        industrial  park  conservation  area,   also   that   the
34        municipality is a labor surplus municipality and that the
 
                            -24-               LRB9203549SMdv
 1        implementation  of  the  redevelopment  plan  will reduce
 2        unemployment, create new jobs and by the provision of new
 3        facilities enhance the tax base of the  taxing  districts
 4        that extend into the redevelopment project area.
 5             (4)  If  any incremental revenues are being utilized
 6        under  Section  8(a)(1)  or  8(a)(2)  of  this   Act   in
 7        redevelopment  project  areas approved by ordinance after
 8        January 1, 1986, the municipality  finds:  (a)  that  the
 9        redevelopment   project  area  would  not  reasonably  be
10        developed without the use of such  incremental  revenues,
11        and   (b)   that   such   incremental  revenues  will  be
12        exclusively  utilized  for   the   development   of   the
13        redevelopment project area.
14             (5)  On   and   after   November  1,  1999,  if  the
15        redevelopment plan will not  result  in  displacement  of
16        residents  from  inhabited  units,  and  the municipality
17        certifies in the plan that displacement will  not  result
18        from  the  plan,  a  housing  impact  study  need  not be
19        performed.  If, however,  the  redevelopment  plan  would
20        result  in  the displacement of residents from 10 or more
21        inhabited residential  units,  or  if  the  redevelopment
22        project  area  contains  75 or more inhabited residential
23        units and no certification is made, then the municipality
24        shall prepare, as part of the separate feasibility report
25        required  by  subsection  (a)  of  Section  11-74.4-5,  a
26        housing impact study.
27             Part I of the housing impact study shall include (i)
28        data as to  whether  the  residential  units  are  single
29        family or multi-family units, (ii) the number and type of
30        rooms within the units, if that information is available,
31        (iii)  whether the units are inhabited or uninhabited, as
32        determined not less than 45 days before the date that the
33        ordinance or resolution required  by  subsection  (a)  of
34        Section  11-74.4-5  is  passed,  and  (iv) data as to the
 
                            -25-               LRB9203549SMdv
 1        racial and ethnic composition of  the  residents  in  the
 2        inhabited  residential units.  The data requirement as to
 3        the racial and ethnic composition of the residents in the
 4        inhabited residential units shall be deemed to  be  fully
 5        satisfied by data from the most recent federal census.
 6             Part  II  of the housing impact study shall identify
 7        the  inhabited  residential   units   in   the   proposed
 8        redevelopment  project  area  that  are  to  be or may be
 9        removed.   If  inhabited  residential  units  are  to  be
10        removed, then the housing impact study shall identify (i)
11        the number and location of those units that will  or  may
12        be  removed, (ii) the municipality's plans for relocation
13        assistance  for   those   residents   in   the   proposed
14        redevelopment  project  area  whose  residences are to be
15        removed, (iii) the availability  of  replacement  housing
16        for  those  residents whose residences are to be removed,
17        and shall identify the type, location, and  cost  of  the
18        housing,  and  (iv)  the  type  and  extent of relocation
19        assistance to be provided.
20             (6)  On and after  November  1,  1999,  the  housing
21        impact   study   required   by  paragraph  (5)  shall  be
22        incorporated  in   the   redevelopment   plan   for   the
23        redevelopment project area.
24             (7)  On and after November 1, 1999, no redevelopment
25        plan  shall be adopted, nor an existing plan amended, nor
26        shall residential housing that is occupied by  households
27        of  low-income  and  very low-income persons in currently
28        existing redevelopment project  areas  be  removed  after
29        November  1, 1999 unless the redevelopment plan provides,
30        with respect to inhabited housing units that  are  to  be
31        removed  for households of low-income and very low-income
32        persons, affordable housing and relocation assistance not
33        less than that which would be provided under the  federal
34        Uniform   Relocation   Assistance   and   Real   Property
 
                            -26-               LRB9203549SMdv
 1        Acquisition  Policies  Act  of  1970  and the regulations
 2        under  that  Act,  including  the  eligibility  criteria.
 3        Affordable  housing  may  be  either  existing  or  newly
 4        constructed housing. For purposes of this paragraph  (7),
 5        "low-income  households",  "very  low-income households",
 6        and "affordable housing" have the meanings set  forth  in
 7        the  Illinois  Affordable  Housing  Act. The municipality
 8        shall make a  good  faith  effort  to  ensure  that  this
 9        affordable   housing   is   located   in   or   near  the
10        redevelopment project area within the municipality.
11             (8)  On and after November 1, 1999,  if,  after  the
12        adoption  of the redevelopment plan for the redevelopment
13        project area,  any  municipality  desires  to  amend  its
14        redevelopment  plan  to remove more inhabited residential
15        units than specified in its original redevelopment  plan,
16        that  increase in the number of units to be removed shall
17        be  deemed  to  be  a  change  in  the  nature   of   the
18        redevelopment  plan  as  to  require  compliance with the
19        procedures in this Act pertaining to the initial approval
20        of a redevelopment plan.
21        (o)  "Redevelopment project" means any public and private
22    development project in furtherance of  the  objectives  of  a
23    redevelopment  plan.  On  and  after  November  1,  1999 (the
24    effective date of Public Act 91-478), no  redevelopment  plan
25    may  be  approved or amended that includes the development of
26    vacant land (i) with a golf course and related clubhouse  and
27    other  facilities  or  (ii)  designated  by  federal,  State,
28    county,  or  municipal  government as public land for outdoor
29    recreational activities or for nature preserves and used  for
30    that  purpose  within  5  years  prior to the adoption of the
31    redevelopment plan.  For the   purpose  of  this  subsection,
32    "recreational  activities"  is  limited  to  mean camping and
33    hunting.
34        (p)  "Redevelopment   project   area"   means   an   area
 
                            -27-               LRB9203549SMdv
 1    designated by the municipality, which  is  not  less  in  the
 2    aggregate  than  1  1/2  acres  and  in  respect to which the
 3    municipality has made a finding that there  exist  conditions
 4    which  cause  the area to be classified as an industrial park
 5    conservation area or a blighted area or a conservation  area,
 6    or  a  combination  of  both  blighted areas and conservation
 7    areas.
 8        (q)  "Redevelopment project costs" mean and  include  the
 9    sum  total  of  all reasonable or necessary costs incurred or
10    estimated to be incurred, and any such costs incidental to  a
11    redevelopment  plan  and a redevelopment project.  Such costs
12    include, without limitation, the following:
13             (1)  Costs  of  studies,  surveys,  development   of
14        plans,    and    specifications,    implementation    and
15        administration  of  the  redevelopment plan including but
16        not limited to staff and professional service  costs  for
17        architectural, engineering, legal, financial, planning or
18        other  services,  provided  however  that  no charges for
19        professional services may be based on a percentage of the
20        tax  increment  collected;  except  that  on  and   after
21        November  1,  1999  (the  effective  date  of  Public Act
22        91-478),  no   contracts   for   professional   services,
23        excluding  architectural and engineering services, may be
24        entered into if the terms of the contract extend beyond a
25        period of 3 years.  In addition,  "redevelopment  project
26        costs"  shall  not  include  lobbying  expenses.    After
27        consultation  with  the  municipality, each tax increment
28        consultant or advisor to a  municipality  that  plans  to
29        designate  or has designated a redevelopment project area
30        shall inform the municipality in writing of any contracts
31        that the consultant or  advisor  has  entered  into  with
32        entities  or  individuals  that  have  received,  or  are
33        receiving,  payments  financed  by tax increment revenues
34        produced by the redevelopment project area  with  respect
 
                            -28-               LRB9203549SMdv
 1        to which the consultant or advisor has performed, or will
 2        be   performing,  service  for  the  municipality.   This
 3        requirement shall  be  satisfied  by  the  consultant  or
 4        advisor  before  the  commencement  of  services  for the
 5        municipality and thereafter whenever any other  contracts
 6        with  those  individuals  or entities are executed by the
 7        consultant or advisor;
 8             (1.5)  After July  1,  1999,  annual  administrative
 9        costs    shall    not   include   general   overhead   or
10        administrative costs of the municipality that would still
11        have  been  incurred   by   the   municipality   if   the
12        municipality  had  not designated a redevelopment project
13        area or approved a redevelopment plan;
14             (1.6)  The  cost  of  marketing  sites  within   the
15        redevelopment  project  area  to  prospective businesses,
16        developers, and investors;
17             (2)  Property  assembly  costs,  including  but  not
18        limited to acquisition of land and other  property,  real
19        or  personal,  or rights or interests therein, demolition
20        of buildings, site preparation,  site  improvements  that
21        serve as an engineered barrier addressing ground level or
22        below  ground environmental contamination, including, but
23        not limited to parking lots and other concrete or asphalt
24        barriers, and the clearing and grading of land;
25             (3)  Costs  of  rehabilitation,  reconstruction   or
26        repair  or  remodeling  of  existing  public  or  private
27        buildings,  fixtures, and leasehold improvements; and the
28        cost of replacing an existing public building if pursuant
29        to the implementation  of  a  redevelopment  project  the
30        existing  public  building is to be demolished to use the
31        site for private investment or devoted to a different use
32        requiring private investment;
33             (4)  Costs of the construction of  public  works  or
34        improvements,  except that on and after November 1, 1999,
 
                            -29-               LRB9203549SMdv
 1        redevelopment project costs shall not include the cost of
 2        constructing a new municipal public building  principally
 3        used  to  provide  offices,  storage space, or conference
 4        facilities or vehicle storage, maintenance, or repair for
 5        administrative, public safety, or public works  personnel
 6        and  that  is  not intended to replace an existing public
 7        building as provided under paragraph  (3)  of  subsection
 8        (q)   of   Section   11-74.4-3   unless  either  (i)  the
 9        construction of the new municipal building  implements  a
10        redevelopment    project   that   was   included   in   a
11        redevelopment plan that was adopted by  the  municipality
12        prior  to November 1, 1999 or (ii) the municipality makes
13        a reasonable determination  in  the  redevelopment  plan,
14        supported by information that provides the basis for that
15        determination,   that   the  new  municipal  building  is
16        required to meet an  increase  in  the  need  for  public
17        safety   purposes   anticipated   to   result   from  the
18        implementation of the redevelopment plan;
19             (5)  Costs of job training and retraining  projects,
20        including   the   cost  of  "welfare  to  work"  programs
21        implemented   by   businesses    located    within    the
22        redevelopment project area;
23             (6)  Financing  costs,  including but not limited to
24        all necessary and  incidental  expenses  related  to  the
25        issuance  of obligations and which may include payment of
26        interest on any obligations  issued  hereunder  including
27        interest   accruing   during   the  estimated  period  of
28        construction of any redevelopment project for which  such
29        obligations  are  issued  and for not exceeding 36 months
30        thereafter  and  including  reasonable  reserves  related
31        thereto;
32             (7)  To  the  extent  the  municipality  by  written
33        agreement accepts and approves the same, all or a portion
34        of a taxing district's capital costs resulting  from  the
 
                            -30-               LRB9203549SMdv
 1        redevelopment  project  necessarily  incurred  or  to  be
 2        incurred  within  a taxing district in furtherance of the
 3        objectives of the redevelopment plan and project.
 4             (7.5)  For redevelopment  project  areas  designated
 5        (or   redevelopment  project  areas  amended  to  add  or
 6        increase the number of  tax-increment-financing  assisted
 7        housing   units)   on  or  after  November  1,  1999,  an
 8        elementary,  secondary,   or   unit   school   district's
 9        increased  costs  attributable  to assisted housing units
10        located within the redevelopment project area  for  which
11        the   developer   or   redeveloper   receives   financial
12        assistance  through an agreement with the municipality or
13        because the municipality incurs  the  cost  of  necessary
14        infrastructure  improvements within the boundaries of the
15        assisted housing sites necessary for  the  completion  of
16        that  housing  as authorized by this Act, and which costs
17        shall be paid by the municipality from  the  Special  Tax
18        Allocation   Fund  when  the  tax  increment  revenue  is
19        received as a result of the assisted  housing  units  and
20        shall be calculated annually as follows:
21                  (A)  for  foundation  districts,  excluding any
22             school district in a municipality with a  population
23             in   excess   of   1,000,000,   by  multiplying  the
24             district's increase in attendance resulting from the
25             net increase in new students enrolled in that school
26             district who reside  in  housing  units  within  the
27             redevelopment   project   area  that  have  received
28             financial assistance through an agreement  with  the
29             municipality  or because the municipality incurs the
30             cost of necessary infrastructure improvements within
31             the boundaries of the housing  sites  necessary  for
32             the completion of that housing as authorized by this
33             Act  since  the  designation  of  the  redevelopment
34             project  area  by  the  most  recently available per
 
                            -31-               LRB9203549SMdv
 1             capita tuition cost as defined in Section  10-20.12a
 2             of  the  School  Code  less  any increase in general
 3             State aid as  defined  in  Section  18-8.05  of  the
 4             School Code attributable to these added new students
 5             subject to the following annual limitations:
 6                       (i)  for  unit  school  districts  with  a
 7                  district  average  1995-96  Per  Capita Tuition
 8                  Charge of less than $5,900, no more than 25% of
 9                  the total  amount  of  property  tax  increment
10                  revenue  produced  by  those housing units that
11                  have received tax increment finance  assistance
12                  under this Act;
13                       (ii)  for elementary school districts with
14                  a  district  average 1995-96 Per Capita Tuition
15                  Charge of less than $5,900, no more than 17% of
16                  the total  amount  of  property  tax  increment
17                  revenue  produced  by  those housing units that
18                  have received tax increment finance  assistance
19                  under this Act; and
20                       (iii)  for secondary school districts with
21                  a  district  average 1995-96 Per Capita Tuition
22                  Charge of less than $5,900, no more than 8%  of
23                  the  total  amount  of  property  tax increment
24                  revenue produced by those  housing  units  that
25                  have  received tax increment finance assistance
26                  under this Act.
27                  (B)  For alternate method districts, flat grant
28             districts, and foundation districts with a  district
29             average  1995-96  Per Capita Tuition Charge equal to
30             or more than $5,900, excluding any  school  district
31             with   a  population  in  excess  of  1,000,000,  by
32             multiplying the district's  increase  in  attendance
33             resulting  from  the  net  increase  in new students
34             enrolled in  that  school  district  who  reside  in
 
                            -32-               LRB9203549SMdv
 1             housing  units within the redevelopment project area
 2             that have received financial assistance  through  an
 3             agreement  with  the  municipality  or  because  the
 4             municipality    incurs   the   cost   of   necessary
 5             infrastructure improvements within the boundaries of
 6             the housing sites necessary for  the  completion  of
 7             that  housing  as  authorized  by this Act since the
 8             designation of the redevelopment project area by the
 9             most recently available per capita tuition  cost  as
10             defined in Section 10-20.12a of the School Code less
11             any  increase  in  general  state  aid as defined in
12             Section 18-8.05 of the School Code  attributable  to
13             these  added  new  students subject to the following
14             annual limitations:
15                       (i)  for unit school  districts,  no  more
16                  than  40%  of  the total amount of property tax
17                  increment revenue  produced  by  those  housing
18                  units  that have received tax increment finance
19                  assistance under this Act;
20                       (ii)  for elementary school districts,  no
21                  more  than  27% of the total amount of property
22                  tax increment revenue produced by those housing
23                  units that have received tax increment  finance
24                  assistance under this Act; and
25                       (iii)  for  secondary school districts, no
26                  more than 13% of the total amount  of  property
27                  tax increment revenue produced by those housing
28                  units  that have received tax increment finance
29                  assistance under this Act.
30                  (C)  For any school district in a  municipality
31             with  a  population  in  excess  of  1,000,000,  the
32             following    restrictions   shall   apply   to   the
33             reimbursement  of   increased   costs   under   this
34             paragraph (7.5):
 
                            -33-               LRB9203549SMdv
 1                       (i)  no    increased    costs   shall   be
 2                  reimbursed unless the school district certifies
 3                  that  each  of  the  schools  affected  by  the
 4                  assisted housing project  is  at  or  over  its
 5                  student capacity;
 6                       (ii)  the  amount  reimburseable  shall be
 7                  reduced by the value of any land donated to the
 8                  school  district   by   the   municipality   or
 9                  developer,  and  by  the  value of any physical
10                  improvements  made  to  the  schools   by   the
11                  municipality or developer; and
12                       (iii)  the   amount   reimbursed  may  not
13                  affect amounts otherwise obligated by the terms
14                  of  any  bonds,   notes,   or   other   funding
15                  instruments,  or the terms of any redevelopment
16                  agreement.
17             Any  school  district  seeking  payment  under  this
18             paragraph (7.5)  shall,  after  July  1  and  before
19             September  30 of each year, provide the municipality
20             with reasonable evidence to support  its  claim  for
21             reimbursement   before  the  municipality  shall  be
22             required to approve  or  make  the  payment  to  the
23             school  district.   If  the school district fails to
24             provide the information during this  period  in  any
25             year,  it  shall  forfeit any claim to reimbursement
26             for  that  year.   School  districts  may  adopt   a
27             resolution  waiving the right to all or a portion of
28             the  reimbursement  otherwise   required   by   this
29             paragraph    (7.5).     By    acceptance   of   this
30             reimbursement the school district waives  the  right
31             to  directly  or  indirectly  set  aside, modify, or
32             contest in  any  manner  the  establishment  of  the
33             redevelopment project area or projects;
34             (8)  Relocation   costs   to   the   extent  that  a
 
                            -34-               LRB9203549SMdv
 1        municipality determines that relocation  costs  shall  be
 2        paid  or  is required to make payment of relocation costs
 3        by  federal  or  State  law  or  in  order   to   satisfy
 4        subparagraph (7) of subsection (n);
 5             (9)  Payment in lieu of taxes;
 6             (10)  Costs  of  job  training, retraining, advanced
 7        vocational education or career education,  including  but
 8        not limited to courses in occupational, semi-technical or
 9        technical fields leading directly to employment, incurred
10        by one or more taxing districts, provided that such costs
11        (i)  are  related to the establishment and maintenance of
12        additional job training, advanced vocational education or
13        career education programs for persons employed or  to  be
14        employed  by employers located in a redevelopment project
15        area; and (ii) when incurred  by  a  taxing  district  or
16        taxing  districts  other  than  the municipality, are set
17        forth in a written agreement by or among the municipality
18        and  the  taxing  district  or  taxing  districts,  which
19        agreement  describes  the  program  to   be   undertaken,
20        including  but  not limited to the number of employees to
21        be trained, a description of the training and services to
22        be provided, the number and type of  positions  available
23        or  to  be  available,  itemized costs of the program and
24        sources of funds to pay for the same, and the term of the
25        agreement. Such costs include, specifically, the  payment
26        by  community  college  districts  of  costs  pursuant to
27        Sections 3-37,  3-38,  3-40  and  3-40.1  of  the  Public
28        Community  College  Act  and by school districts of costs
29        pursuant to Sections 10-22.20a and 10-23.3a of The School
30        Code;
31             (11)  Interest  cost  incurred  by   a   redeveloper
32        related to the construction, renovation or rehabilitation
33        of a redevelopment project provided that:
34                  (A)  such  costs  are  to be paid directly from
 
                            -35-               LRB9203549SMdv
 1             the special tax allocation fund established pursuant
 2             to this Act;
 3                  (B)  such payments in  any  one  year  may  not
 4             exceed  30% of the annual interest costs incurred by
 5             the redeveloper with  regard  to  the  redevelopment
 6             project during that year;
 7                  (C)  if   there   are   not   sufficient  funds
 8             available in the special tax allocation fund to make
 9             the payment pursuant to this paragraph (11) then the
10             amounts so due shall  accrue  and  be  payable  when
11             sufficient  funds  are  available in the special tax
12             allocation fund;
13                  (D)  the total of such interest  payments  paid
14             pursuant to this Act may not exceed 30% of the total
15             (i) cost paid or incurred by the redeveloper for the
16             redevelopment   project   plus   (ii)  redevelopment
17             project costs excluding any property assembly  costs
18             and  any relocation costs incurred by a municipality
19             pursuant to this Act; and
20                  (E)  the cost limits set forth in subparagraphs
21             (B) and (D) of paragraph (11) shall be modified  for
22             the  financing of rehabilitated or new housing units
23             for  low-income  households  and   very   low-income
24             households,  as defined in Section 3 of the Illinois
25             Affordable Housing Act.  The percentage of 75% shall
26             be substituted for 30% in subparagraphs (B) and  (D)
27             of paragraph (11).
28                  (F)  Instead  of the eligible costs provided by
29             subparagraphs (B) and  (D)  of  paragraph  (11),  as
30             modified  by  this subparagraph, and notwithstanding
31             any other provisions of this Act  to  the  contrary,
32             the municipality may pay from tax increment revenues
33             up to 50% of the cost of construction of new housing
34             units  to  be  occupied by low-income households and
 
                            -36-               LRB9203549SMdv
 1             very low-income households as defined in  Section  3
 2             of the Illinois Affordable Housing Act.  The cost of
 3             construction  of those units may be derived from the
 4             proceeds of bonds issued by the  municipality  under
 5             this   Act  or  other  constitutional  or  statutory
 6             authority or from other sources of municipal revenue
 7             that may be reimbursed from tax  increment  revenues
 8             or  the  proceeds  of  bonds  issued  to finance the
 9             construction of that housing.
10                  The  eligible   costs   provided   under   this
11             subparagraph  (F)  of  paragraph  (11)  shall  be an
12             eligible cost for the construction, renovation,  and
13             rehabilitation   of  all  low  and  very  low-income
14             housing units,  as  defined  in  Section  3  of  the
15             Illinois   Affordable   Housing   Act,   within  the
16             redevelopment project area.  If  the  low  and  very
17             low-income   units   are   part   of  a  residential
18             redevelopment  project  that  includes   units   not
19             affordable  to  low  and very low-income households,
20             only the low and  very  low-income  units  shall  be
21             eligible  for  benefits  under  subparagraph  (F) of
22             paragraph (11).  The standards for  maintaining  the
23             occupancy   by   low-income   households   and  very
24             low-income households, as defined in  Section  3  of
25             the  Illinois Affordable Housing Act, of those units
26             constructed with eligible costs made available under
27             the provisions of this subparagraph (F) of paragraph
28             (11) shall be established by guidelines  adopted  by
29             the  municipality.   The responsibility for annually
30             documenting the initial occupancy of  the  units  by
31             low-income    households    and    very   low-income
32             households, as defined in Section 3 of the  Illinois
33             Affordable  Housing  Act,  shall be that of the then
34             current owner of the property.  For ownership units,
 
                            -37-               LRB9203549SMdv
 1             the guidelines will provide, at  a  minimum,  for  a
 2             reasonable  recapture of funds, or other appropriate
 3             methods   designed   to   preserve   the    original
 4             affordability  of  the  ownership units.  For rental
 5             units, the guidelines will provide,  at  a  minimum,
 6             for  the  affordability  of  rent  to  low  and very
 7             low-income households.  As units  become  available,
 8             they  shall  be  rented  to income-eligible tenants.
 9             The municipality may modify  these  guidelines  from
10             time  to  time; the guidelines, however, shall be in
11             effect for as long as tax increment revenue is being
12             used to pay for costs associated with the  units  or
13             for  the  retirement  of bonds issued to finance the
14             units or for the life of the  redevelopment  project
15             area, whichever is later.
16             (11.5)  If the redevelopment project area is located
17        within  a  municipality  with  a  population of more than
18        100,000, the cost of day care services  for  children  of
19        employees from low-income families working for businesses
20        located  within the redevelopment project area and all or
21        a portion of the cost of operation of  day  care  centers
22        established  by  redevelopment project area businesses to
23        serve  employees  from  low-income  families  working  in
24        businesses located in  the  redevelopment  project  area.
25        For the purposes of this paragraph, "low-income families"
26        means families whose annual income does not exceed 80% of
27        the   municipal,   county,  or  regional  median  income,
28        adjusted for  family  size,  as  the  annual  income  and
29        municipal,   county,   or   regional  median  income  are
30        determined  from  time  to  time  by  the  United  States
31        Department of Housing and Urban Development.
32             (12)  Unless explicitly stated herein  the  cost  of
33        construction  of  new privately-owned buildings shall not
34        be an eligible redevelopment project cost.
 
                            -38-               LRB9203549SMdv
 1             (13)  After November 1, 1999 (the effective date  of
 2        Public  Act  91-478),  none  of the redevelopment project
 3        costs enumerated in this  subsection  shall  be  eligible
 4        redevelopment  project costs if those costs would provide
 5        direct financial support to a  retail  entity  initiating
 6        operations   in  the  redevelopment  project  area  while
 7        terminating  operations  at  another  Illinois   location
 8        within  10  miles  of  the redevelopment project area but
 9        outside the boundaries of the redevelopment project  area
10        municipality.     For   purposes   of   this   paragraph,
11        termination means a closing of a retail operation that is
12        directly related to the opening of the same operation  or
13        like  retail entity owned or operated by more than 50% of
14        the original ownership in a redevelopment  project  area,
15        but  it  does  not  mean closing an operation for reasons
16        beyond the control of the retail entity, as documented by
17        the retail entity, subject to a reasonable finding by the
18        municipality  that   the   current   location   contained
19        inadequate  space,  had  become economically obsolete, or
20        was no longer a  viable  location  for  the  retailer  or
21        serviceman.
22        If  a  special service area has been established pursuant
23    to the Special Service Area Tax Act or Special  Service  Area
24    Tax Law, then any tax increment revenues derived from the tax
25    imposed  pursuant  to  the  Special  Service  Area Tax Act or
26    Special  Service  Area  Tax  Law  may  be  used  within   the
27    redevelopment project area for the purposes permitted by that
28    Act or Law as well as the purposes permitted by this Act.
29        (r)  "State  Sales  Tax Boundary" means the redevelopment
30    project  area  or  the  amended  redevelopment  project  area
31    boundaries which are determined pursuant to subsection (9) of
32    Section 11-74.4-8a of this Act.  The  Department  of  Revenue
33    shall   certify   pursuant   to  subsection  (9)  of  Section
34    11-74.4-8a  the  appropriate  boundaries  eligible  for   the
 
                            -39-               LRB9203549SMdv
 1    determination of State Sales Tax Increment.
 2        (s)  "State Sales Tax Increment" means an amount equal to
 3    the  increase  in  the  aggregate  amount  of  taxes  paid by
 4    retailers and servicemen, other than retailers and servicemen
 5    subject to the  Public  Utilities  Act,  on  transactions  at
 6    places  of business located within a State Sales Tax Boundary
 7    pursuant to the Retailers' Occupation Tax Act,  the  Use  Tax
 8    Act,  the Service Use Tax Act, and the Service Occupation Tax
 9    Act, except such portion of such increase that is  paid  into
10    the  State  and  Local  Sales  Tax  Reform  Fund,  the  Local
11    Government   Distributive   Fund,  the   Local Government Tax
12    Fund and the County and Mass Transit District  Fund,  for  as
13    long  as  State  participation  exists,  over  and  above the
14    Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
15    or the Revised Initial Sales Tax Amounts for  such  taxes  as
16    certified  by  the Department of Revenue and paid under those
17    Acts by retailers and servicemen on transactions at places of
18    business located within the State Sales Tax  Boundary  during
19    the  base  year  which shall be the calendar year immediately
20    prior to the year  in  which  the  municipality  adopted  tax
21    increment  allocation  financing,  less  3.0% of such amounts
22    generated under the Retailers' Occupation Tax  Act,  Use  Tax
23    Act  and  Service  Use Tax Act and the Service Occupation Tax
24    Act, which sum shall be appropriated  to  the  Department  of
25    Revenue  to  cover  its  costs of administering and enforcing
26    this Section. For purposes of computing the aggregate  amount
27    of  such  taxes  for  base years occurring prior to 1985, the
28    Department of Revenue shall compute  the  Initial  Sales  Tax
29    Amount for such taxes and deduct therefrom an amount equal to
30    4%  of  the  aggregate amount of taxes per year for each year
31    the base year is prior to 1985, but not  to  exceed  a  total
32    deduction of 12%.  The amount so determined shall be known as
33    the  "Adjusted  Initial  Sales  Tax  Amount". For purposes of
34    determining the State Sales Tax Increment the  Department  of
 
                            -40-               LRB9203549SMdv
 1    Revenue  shall  for each period subtract from the tax amounts
 2    received  from  retailers  and  servicemen  on   transactions
 3    located  in  the  State  Sales  Tax  Boundary,  the certified
 4    Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
 5    or Revised Initial  Sales  Tax  Amounts  for  the  Retailers'
 6    Occupation  Tax Act, the Use Tax Act, the Service Use Tax Act
 7    and the Service Occupation Tax Act.   For  the  State  Fiscal
 8    Year  1989  this  calculation  shall be made by utilizing the
 9    calendar year 1987 to determine the tax amounts received. For
10    the State Fiscal Year 1990, this calculation shall be made by
11    utilizing the period from January 1,  1988,  until  September
12    30,   1988,  to  determine  the  tax  amounts  received  from
13    retailers and servicemen, which shall have deducted therefrom
14    nine-twelfths of the certified  Initial  Sales  Tax  Amounts,
15    Adjusted  Initial  Sales  Tax  Amounts or the Revised Initial
16    Sales Tax Amounts as appropriate. For the State  Fiscal  Year
17    1991,  this calculation shall be made by utilizing the period
18    from October 1, 1988, until June 30, 1989, to  determine  the
19    tax  amounts  received  from  retailers and servicemen, which
20    shall have deducted therefrom nine-twelfths of the  certified
21    Initial  State  Sales Tax Amounts, Adjusted Initial Sales Tax
22    Amounts  or  the  Revised  Initial  Sales  Tax   Amounts   as
23    appropriate.  For  every  State  Fiscal  Year thereafter, the
24    applicable period shall be the 12 months beginning July 1 and
25    ending on June 30, to  determine  the  tax  amounts  received
26    which  shall  have  deducted  therefrom the certified Initial
27    Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or  the
28    Revised  Initial Sales Tax Amounts.  Municipalities intending
29    to receive a distribution of State Sales Tax  Increment  must
30    report  a  list  of retailers to the Department of Revenue by
31    October 31, 1988 and by July 31, of each year thereafter.
32        (t)  "Taxing districts" means counties, townships, cities
33    and incorporated towns  and  villages,  school,  road,  park,
34    sanitary, mosquito abatement, forest preserve, public health,
 
                            -41-               LRB9203549SMdv
 1    fire  protection,  river conservancy, tuberculosis sanitarium
 2    and any other municipal corporations or  districts  with  the
 3    power to levy taxes.
 4        (u)  "Taxing  districts' capital costs" means those costs
 5    of taxing districts for capital improvements that  are  found
 6    by  the  municipal  corporate authorities to be necessary and
 7    directly result from the redevelopment project.
 8        (v)  As used in subsection (a) of  Section  11-74.4-3  of
 9    this  Act,  "vacant land" means any  parcel or combination of
10    parcels of real property without industrial, commercial,  and
11    residential  buildings which has not been used for commercial
12    agricultural purposes within 5 years prior to the designation
13    of the redevelopment  project  area,  unless  the  parcel  is
14    included  in  an  industrial  park  conservation  area or the
15    parcel has been subdivided; provided that if the  parcel  was
16    part  of  a larger tract that has been divided into 3 or more
17    smaller tracts that were accepted for  recording  during  the
18    period  from 1950 to 1990, then the parcel shall be deemed to
19    have been subdivided, and all proceedings and actions of  the
20    municipality  taken  in  that  connection with respect to any
21    previously approved or designated redevelopment project  area
22    or  amended  redevelopment  project area are hereby validated
23    and hereby declared to be legally sufficient for all purposes
24    of this Act. For purposes of this Section and only  for  land
25    subject to the subdivision requirements of the Plat Act, land
26    is   subdivided  when  the  original  plat  of  the  proposed
27    Redevelopment Project Area or relevant  portion  thereof  has
28    been properly certified, acknowledged, approved, and recorded
29    or  filed  in  accordance with the Plat Act and a preliminary
30    plat, if any, for  any  subsequent  phases  of  the  proposed
31    Redevelopment  Project  Area  or relevant portion thereof has
32    been properly approved  and  filed  in  accordance  with  the
33    applicable ordinance of the municipality.
34        (w)  "Annual  Total  Increment"  means  the  sum  of each
 
                            -42-               LRB9203549SMdv
 1    municipality's  annual  Net  Sales  Tax  Increment  and  each
 2    municipality's annual Net Utility Tax Increment.   The  ratio
 3    of  the  Annual  Total  Increment of each municipality to the
 4    Annual  Total  Increment  for  all  municipalities,  as  most
 5    recently calculated by the Department,  shall  determine  the
 6    proportional  shares of the Illinois Tax Increment Fund to be
 7    distributed to each municipality.
 8    (Source: P.A. 90-379, eff.  8-14-97;  91-261,  eff.  7-23-99;
 9    91-477,  eff.  8-11-99;  91-478,  eff.  11-1-99; 91-642, eff.
10    8-20-99; 91-763, eff. 6-9-00)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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