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92_HB4053eng HB4053 Engrossed LRB9210197SMdvB 1 AN ACT in relation to local government. 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 Sections 11-74.4-3, 11-74.4-4.1, 11-74.4-5, and 6 11-74.4-7 as follows: 7 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) 8 Sec. 11-74.4-3. Definitions. The following terms, 9 wherever used or referred to in this Division 74.4 shall have 10 the following respective meanings, unless in any case a 11 different meaning clearly appears from the context. 12 (a) For any redevelopment project area that has been 13 designated pursuant to this Section by an ordinance adopted 14 prior to November 1, 1999 (the effective date of Public Act 15 91-478), "blighted area" shall have the meaning set forth in 16 this Section prior to that date. 17 On and after November 1, 1999, "blighted area" means any 18 improved or vacant area within the boundaries of a 19 redevelopment project area located within the territorial 20 limits of the municipality where: 21 (1) If improved, industrial, commercial, and 22 residential buildings or improvements are detrimental to 23 the public safety, health, or welfare because of a 24 combination of 5 or more of the following factors, each 25 of which is (i) present, with that presence documented, 26 to a meaningful extent so that a municipality may 27 reasonably find that the factor is clearly present within 28 the intent of the Act and (ii) reasonably distributed 29 throughout the improved part of the redevelopment project 30 area: 31 (A) Dilapidation. An advanced state of HB4053 Engrossed -2- LRB9210197SMdvB 1 disrepair or neglect of necessary repairs to the 2 primary structural components of buildings or 3 improvements in such a combination that a documented 4 building condition analysis determines that major 5 repair is required or the defects are so serious and 6 so extensive that the buildings must be removed. 7 (B) Obsolescence. The condition or process of 8 falling into disuse. Structures have become 9 ill-suited for the original use. 10 (C) Deterioration. With respect to buildings, 11 defects including, but not limited to, major defects 12 in the secondary building components such as doors, 13 windows, porches, gutters and downspouts, and 14 fascia. With respect to surface improvements, that 15 the condition of roadways, alleys, curbs, gutters, 16 sidewalks, off-street parking, and surface storage 17 areas evidence deterioration, including, but not 18 limited to, surface cracking, crumbling, potholes, 19 depressions, loose paving material, and weeds 20 protruding through paved surfaces. 21 (D) Presence of structures below minimum code 22 standards. All structures that do not meet the 23 standards of zoning, subdivision, building, fire, 24 and other governmental codes applicable to property, 25 but not including housing and property maintenance 26 codes. 27 (E) Illegal use of individual structures. The 28 use of structures in violation of applicable 29 federal, State, or local laws, exclusive of those 30 applicable to the presence of structures below 31 minimum code standards. 32 (F) Excessive vacancies. The presence of 33 buildings that are unoccupied or under-utilized and 34 that represent an adverse influence on the area HB4053 Engrossed -3- LRB9210197SMdvB 1 because of the frequency, extent, or duration of the 2 vacancies. 3 (G) Lack of ventilation, light, or sanitary 4 facilities. The absence of adequate ventilation for 5 light or air circulation in spaces or rooms without 6 windows, or that require the removal of dust, odor, 7 gas, smoke, or other noxious airborne materials. 8 Inadequate natural light and ventilation means the 9 absence of skylights or windows for interior spaces 10 or rooms and improper window sizes and amounts by 11 room area to window area ratios. Inadequate 12 sanitary facilities refers to the absence or 13 inadequacy of garbage storage and enclosure, 14 bathroom facilities, hot water and kitchens, and 15 structural inadequacies preventing ingress and 16 egress to and from all rooms and units within a 17 building. 18 (H) Inadequate utilities. Underground and 19 overhead utilities such as storm sewers and storm 20 drainage, sanitary sewers, water lines, and gas, 21 telephone, and electrical services that are shown to 22 be inadequate. Inadequate utilities are those that 23 are: (i) of insufficient capacity to serve the uses 24 in the redevelopment project area, (ii) 25 deteriorated, antiquated, obsolete, or in disrepair, 26 or (iii) lacking within the redevelopment project 27 area. 28 (I) Excessive land coverage and overcrowding 29 of structures and community facilities. The 30 over-intensive use of property and the crowding of 31 buildings and accessory facilities onto a site. 32 Examples of problem conditions warranting the 33 designation of an area as one exhibiting excessive 34 land coverage are: (i) the presence of buildings HB4053 Engrossed -4- LRB9210197SMdvB 1 either improperly situated on parcels or located on 2 parcels of inadequate size and shape in relation to 3 present-day standards of development for health and 4 safety and (ii) the presence of multiple buildings 5 on a single parcel. For there to be a finding of 6 excessive land coverage, these parcels must exhibit 7 one or more of the following conditions: 8 insufficient provision for light and air within or 9 around buildings, increased threat of spread of fire 10 due to the close proximity of buildings, lack of 11 adequate or proper access to a public right-of-way, 12 lack of reasonably required off-street parking, or 13 inadequate provision for loading and service. 14 (J) Deleterious land use or layout. The 15 existence of incompatible land-use relationships, 16 buildings occupied by inappropriate mixed-uses, or 17 uses considered to be noxious, offensive, or 18 unsuitable for the surrounding area. 19 (K) Environmental clean-up. The proposed 20 redevelopment project area has incurred Illinois 21 Environmental Protection Agency or United States 22 Environmental Protection Agency remediation costs 23 for, or a study conducted by an independent 24 consultant recognized as having expertise in 25 environmental remediation has determined a need for, 26 the clean-up of hazardous waste, hazardous 27 substances, or underground storage tanks required by 28 State or federal law, provided that the remediation 29 costs constitute a material impediment to the 30 development or redevelopment of the redevelopment 31 project area. 32 (L) Lack of community planning. The proposed 33 redevelopment project area was developed prior to or 34 without the benefit or guidance of a community plan. HB4053 Engrossed -5- LRB9210197SMdvB 1 This means that the development occurred prior to 2 the adoption by the municipality of a comprehensive 3 or other community plan or that the plan was not 4 followed at the time of the area's development. 5 This factor must be documented by evidence of 6 adverse or incompatible land-use relationships, 7 inadequate street layout, improper subdivision, 8 parcels of inadequate shape and size to meet 9 contemporary development standards, or other 10 evidence demonstrating an absence of effective 11 community planning. 12 (M) The total equalized assessed value of the 13 proposed redevelopment project area has declined for 14 3 of the last 5 calendar years prior to the year in 15 which the redevelopment project area is designated 16 or is increasing at an annual rate that is less than 17 the balance of the municipality for 3 of the last 5 18 calendar years for which information is available or 19 is increasing at an annual rate that is less than 20 the Consumer Price Index for All Urban Consumers 21 published by the United States Department of Labor 22 or successor agency for 3 of the last 5 calendar 23 years prior to the year in which the redevelopment 24 project area is designated. 25 (2) If vacant, the sound growth of the 26 redevelopment project area is impaired by a combination 27 of 2 or more of the following factors, each of which is 28 (i) present, with that presence documented, to a 29 meaningful extent so that a municipality may reasonably 30 find that the factor is clearly present within the intent 31 of the Act and (ii) reasonably distributed throughout the 32 vacant part of the redevelopment project area to which it 33 pertains: 34 (A) Obsolete platting of vacant land that HB4053 Engrossed -6- LRB9210197SMdvB 1 results in parcels of limited or narrow size or 2 configurations of parcels of irregular size or shape 3 that would be difficult to develop on a planned 4 basis and in a manner compatible with contemporary 5 standards and requirements, or platting that failed 6 to create rights-of-ways for streets or alleys or 7 that created inadequate right-of-way widths for 8 streets, alleys, or other public rights-of-way or 9 that omitted easements for public utilities. 10 (B) Diversity of ownership of parcels of 11 vacant land sufficient in number to retard or impede 12 the ability to assemble the land for development. 13 (C) Tax and special assessment delinquencies 14 exist or the property has been the subject of tax 15 sales under the Property Tax Code within the last 5 16 years. 17 (D) Deterioration of structures or site 18 improvements in neighboring areas adjacent to the 19 vacant land. 20 (E) The area has incurred Illinois 21 Environmental Protection Agency or United States 22 Environmental Protection Agency remediation costs 23 for, or a study conducted by an independent 24 consultant recognized as having expertise in 25 environmental remediation has determined a need for, 26 the clean-up of hazardous waste, hazardous 27 substances, or underground storage tanks required by 28 State or federal law, provided that the remediation 29 costs constitute a material impediment to the 30 development or redevelopment of the redevelopment 31 project area. 32 (F) The total equalized assessed value of the 33 proposed redevelopment project area has declined for 34 3 of the last 5 calendar years prior to the year in HB4053 Engrossed -7- LRB9210197SMdvB 1 which the redevelopment project area is designated 2 or is increasing at an annual rate that is less than 3 the balance of the municipality for 3 of the last 5 4 calendar years for which information is available or 5 is increasing at an annual rate that is less than 6 the Consumer Price Index for All Urban Consumers 7 published by the United States Department of Labor 8 or successor agency for 3 of the last 5 calendar 9 years prior to the year in which the redevelopment 10 project area is designated. 11 (3) If vacant, the sound growth of the 12 redevelopment project area is impaired by one of the 13 following factors that (i) is present, with that presence 14 documented, to a meaningful extent so that a municipality 15 may reasonably find that the factor is clearly present 16 within the intent of the Act and (ii) is reasonably 17 distributed throughout the vacant part of the 18 redevelopment project area to which it pertains: 19 (A) The area consists of one or more unused 20 quarries, mines, or strip mine ponds. 21 (B) The area consists of unused railyards, 22 rail tracks, or railroad rights-of-way. 23 (C) The area, prior to its designation, is 24 subject to chronic flooding that adversely impacts 25 on real property in the area as certified by a 26 registered professional engineer or appropriate 27 regulatory agency. 28 (D) The area consists of an unused or illegal 29 disposal site containing earth, stone, building 30 debris, or similar materials that were removed from 31 construction, demolition, excavation, or dredge 32 sites. 33 (E) Prior to November 1, 1999, the area is not 34 less than 50 nor more than 100 acres and 75% of HB4053 Engrossed -8- LRB9210197SMdvB 1 which is vacant (notwithstanding that the area has 2 been used for commercial agricultural purposes 3 within 5 years prior to the designation of the 4 redevelopment project area), and the area meets at 5 least one of the factors itemized in paragraph (1) 6 of this subsection, the area has been designated as 7 a town or village center by ordinance or 8 comprehensive plan adopted prior to January 1, 1982, 9 and the area has not been developed for that 10 designated purpose. 11 (F) The area qualified as a blighted improved 12 area immediately prior to becoming vacant, unless 13 there has been substantial private investment in the 14 immediately surrounding area. 15 (b) For any redevelopment project area that has been 16 designated pursuant to this Section by an ordinance adopted 17 prior to November 1, 1999 (the effective date of Public Act 18 91-478), "conservation area" shall have the meaning set forth 19 in this Section prior to that date. 20 On and after November 1, 1999, "conservation area" means 21 any improved area within the boundaries of a redevelopment 22 project area located within the territorial limits of the 23 municipality in which 50% or more of the structures in the 24 area have an age of 35 years or more. Such an area is not 25 yet a blighted area but because of a combination of 3 or more 26 of the following factors is detrimental to the public safety, 27 health, morals or welfare and such an area may become a 28 blighted area: 29 (1) Dilapidation. An advanced state of disrepair 30 or neglect of necessary repairs to the primary structural 31 components of buildings or improvements in such a 32 combination that a documented building condition analysis 33 determines that major repair is required or the defects 34 are so serious and so extensive that the buildings must HB4053 Engrossed -9- LRB9210197SMdvB 1 be removed. 2 (2) Obsolescence. The condition or process of 3 falling into disuse. Structures have become ill-suited 4 for the original use. 5 (3) Deterioration. With respect to buildings, 6 defects including, but not limited to, major defects in 7 the secondary building components such as doors, windows, 8 porches, gutters and downspouts, and fascia. With 9 respect to surface improvements, that the condition of 10 roadways, alleys, curbs, gutters, sidewalks, off-street 11 parking, and surface storage areas evidence 12 deterioration, including, but not limited to, surface 13 cracking, crumbling, potholes, depressions, loose paving 14 material, and weeds protruding through paved surfaces. 15 (4) Presence of structures below minimum code 16 standards. All structures that do not meet the standards 17 of zoning, subdivision, building, fire, and other 18 governmental codes applicable to property, but not 19 including housing and property maintenance codes. 20 (5) Illegal use of individual structures. The use 21 of structures in violation of applicable federal, State, 22 or local laws, exclusive of those applicable to the 23 presence of structures below minimum code standards. 24 (6) Excessive vacancies. The presence of buildings 25 that are unoccupied or under-utilized and that represent 26 an adverse influence on the area because of the 27 frequency, extent, or duration of the vacancies. 28 (7) Lack of ventilation, light, or sanitary 29 facilities. The absence of adequate ventilation for 30 light or air circulation in spaces or rooms without 31 windows, or that require the removal of dust, odor, gas, 32 smoke, or other noxious airborne materials. Inadequate 33 natural light and ventilation means the absence or 34 inadequacy of skylights or windows for interior spaces or HB4053 Engrossed -10- LRB9210197SMdvB 1 rooms and improper window sizes and amounts by room area 2 to window area ratios. Inadequate sanitary facilities 3 refers to the absence or inadequacy of garbage storage 4 and enclosure, bathroom facilities, hot water and 5 kitchens, and structural inadequacies preventing ingress 6 and egress to and from all rooms and units within a 7 building. 8 (8) Inadequate utilities. Underground and overhead 9 utilities such as storm sewers and storm drainage, 10 sanitary sewers, water lines, and gas, telephone, and 11 electrical services that are shown to be inadequate. 12 Inadequate utilities are those that are: (i) of 13 insufficient capacity to serve the uses in the 14 redevelopment project area, (ii) deteriorated, 15 antiquated, obsolete, or in disrepair, or (iii) lacking 16 within the redevelopment project area. 17 (9) Excessive land coverage and overcrowding of 18 structures and community facilities. The over-intensive 19 use of property and the crowding of buildings and 20 accessory facilities onto a site. Examples of problem 21 conditions warranting the designation of an area as one 22 exhibiting excessive land coverage are: the presence of 23 buildings either improperly situated on parcels or 24 located on parcels of inadequate size and shape in 25 relation to present-day standards of development for 26 health and safety and the presence of multiple buildings 27 on a single parcel. For there to be a finding of 28 excessive land coverage, these parcels must exhibit one 29 or more of the following conditions: insufficient 30 provision for light and air within or around buildings, 31 increased threat of spread of fire due to the close 32 proximity of buildings, lack of adequate or proper access 33 to a public right-of-way, lack of reasonably required 34 off-street parking, or inadequate provision for loading HB4053 Engrossed -11- LRB9210197SMdvB 1 and service. 2 (10) Deleterious land use or layout. The existence 3 of incompatible land-use relationships, buildings 4 occupied by inappropriate mixed-uses, or uses considered 5 to be noxious, offensive, or unsuitable for the 6 surrounding area. 7 (11) Lack of community planning. The proposed 8 redevelopment project area was developed prior to or 9 without the benefit or guidance of a community plan. This 10 means that the development occurred prior to the adoption 11 by the municipality of a comprehensive or other community 12 plan or that the plan was not followed at the time of the 13 area's development. This factor must be documented by 14 evidence of adverse or incompatible land-use 15 relationships, inadequate street layout, improper 16 subdivision, parcels of inadequate shape and size to meet 17 contemporary development standards, or other evidence 18 demonstrating an absence of effective community planning. 19 (12) The area has incurred Illinois Environmental 20 Protection Agency or United States Environmental 21 Protection Agency remediation costs for, or a study 22 conducted by an independent consultant recognized as 23 having expertise in environmental remediation has 24 determined a need for, the clean-up of hazardous waste, 25 hazardous substances, or underground storage tanks 26 required by State or federal law, provided that the 27 remediation costs constitute a material impediment to the 28 development or redevelopment of the redevelopment project 29 area. 30 (13) The total equalized assessed value of the 31 proposed redevelopment project area has declined for 3 of 32 the last 5 calendar years for which information is 33 available or is increasing at an annual rate that is less 34 than the balance of the municipality for 3 of the last 5 HB4053 Engrossed -12- LRB9210197SMdvB 1 calendar years for which information is available or is 2 increasing at an annual rate that is less than the 3 Consumer Price Index for All Urban Consumers published by 4 the United States Department of Labor or successor agency 5 for 3 of the last 5 calendar years for which information 6 is available. 7 (c) "Industrial park" means an area in a blighted or 8 conservation area suitable for use by any manufacturing, 9 industrial, research or transportation enterprise, of 10 facilities to include but not be limited to factories, mills, 11 processing plants, assembly plants, packing plants, 12 fabricating plants, industrial distribution centers, 13 warehouses, repair overhaul or service facilities, freight 14 terminals, research facilities, test facilities or railroad 15 facilities. 16 (d) "Industrial park conservation area" means an area 17 within the boundaries of a redevelopment project area located 18 within the territorial limits of a municipality that is a 19 labor surplus municipality or within 1 1/2 miles of the 20 territorial limits of a municipality that is a labor surplus 21 municipality if the area is annexed to the municipality; 22 which area is zoned as industrial no later than at the time 23 the municipality by ordinance designates the redevelopment 24 project area, and which area includes both vacant land 25 suitable for use as an industrial park and a blighted area or 26 conservation area contiguous to such vacant land. 27 (e) "Labor surplus municipality" means a municipality in 28 which, at any time during the 6 months before the 29 municipality by ordinance designates an industrial park 30 conservation area, the unemployment rate was over 6% and was 31 also 100% or more of the national average unemployment rate 32 for that same time as published in the United States 33 Department of Labor Bureau of Labor Statistics publication 34 entitled "The Employment Situation" or its successor HB4053 Engrossed -13- LRB9210197SMdvB 1 publication. For the purpose of this subsection, if 2 unemployment rate statistics for the municipality are not 3 available, the unemployment rate in the municipality shall be 4 deemed to be the same as the unemployment rate in the 5 principal county in which the municipality is located. 6 (f) "Municipality" shall mean a city, village or 7 incorporated town. 8 (g) "Initial Sales Tax Amounts" means the amount of 9 taxes paid under the Retailers' Occupation Tax Act, Use Tax 10 Act, Service Use Tax Act, the Service Occupation Tax Act, the 11 Municipal Retailers' Occupation Tax Act, and the Municipal 12 Service Occupation Tax Act by retailers and servicemen on 13 transactions at places located in a State Sales Tax Boundary 14 during the calendar year 1985. 15 (g-1) "Revised Initial Sales Tax Amounts" means the 16 amount of taxes paid under the Retailers' Occupation Tax Act, 17 Use Tax Act, Service Use Tax Act, the Service Occupation Tax 18 Act, the Municipal Retailers' Occupation Tax Act, and the 19 Municipal Service Occupation Tax Act by retailers and 20 servicemen on transactions at places located within the State 21 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9) 22 of this Act. 23 (h) "Municipal Sales Tax Increment" means an amount 24 equal to the increase in the aggregate amount of taxes paid 25 to a municipality from the Local Government Tax Fund arising 26 from sales by retailers and servicemen within the 27 redevelopment project area or State Sales Tax Boundary, as 28 the case may be, for as long as the redevelopment project 29 area or State Sales Tax Boundary, as the case may be, exist 30 over and above the aggregate amount of taxes as certified by 31 the Illinois Department of Revenue and paid under the 32 Municipal Retailers' Occupation Tax Act and the Municipal 33 Service Occupation Tax Act by retailers and servicemen, on 34 transactions at places of business located in the HB4053 Engrossed -14- LRB9210197SMdvB 1 redevelopment project area or State Sales Tax Boundary, as 2 the case may be, during the base year which shall be the 3 calendar year immediately prior to the year in which the 4 municipality adopted tax increment allocation financing. For 5 purposes of computing the aggregate amount of such taxes for 6 base years occurring prior to 1985, the Department of Revenue 7 shall determine the Initial Sales Tax Amounts for such taxes 8 and deduct therefrom an amount equal to 4% of the aggregate 9 amount of taxes per year for each year the base year is prior 10 to 1985, but not to exceed a total deduction of 12%. The 11 amount so determined shall be known as the "Adjusted Initial 12 Sales Tax Amounts". For purposes of determining the 13 Municipal Sales Tax Increment, the Department of Revenue 14 shall for each period subtract from the amount paid to the 15 municipality from the Local Government Tax Fund arising from 16 sales by retailers and servicemen on transactions located in 17 the redevelopment project area or the State Sales Tax 18 Boundary, as the case may be, the certified Initial Sales Tax 19 Amounts, the Adjusted Initial Sales Tax Amounts or the 20 Revised Initial Sales Tax Amounts for the Municipal 21 Retailers' Occupation Tax Act and the Municipal Service 22 Occupation Tax Act. For the State Fiscal Year 1989, this 23 calculation shall be made by utilizing the calendar year 1987 24 to determine the tax amounts received. For the State Fiscal 25 Year 1990, this calculation shall be made by utilizing the 26 period from January 1, 1988, until September 30, 1988, to 27 determine the tax amounts received from retailers and 28 servicemen pursuant to the Municipal Retailers' Occupation 29 Tax and the Municipal Service Occupation Tax Act, which shall 30 have deducted therefrom nine-twelfths of the certified 31 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax 32 Amounts or the Revised Initial Sales Tax Amounts as 33 appropriate. For the State Fiscal Year 1991, this calculation 34 shall be made by utilizing the period from October 1, 1988, HB4053 Engrossed -15- LRB9210197SMdvB 1 to June 30, 1989, to determine the tax amounts received from 2 retailers and servicemen pursuant to the Municipal Retailers' 3 Occupation Tax and the Municipal Service Occupation Tax Act 4 which shall have deducted therefrom nine-twelfths of the 5 certified Initial Sales Tax Amounts, Adjusted Initial Sales 6 Tax Amounts or the Revised Initial Sales Tax Amounts as 7 appropriate. For every State Fiscal Year thereafter, the 8 applicable period shall be the 12 months beginning July 1 and 9 ending June 30 to determine the tax amounts received which 10 shall have deducted therefrom the certified Initial Sales Tax 11 Amounts, the Adjusted Initial Sales Tax Amounts or the 12 Revised Initial Sales Tax Amounts, as the case may be. 13 (i) "Net State Sales Tax Increment" means the sum of the 14 following: (a) 80% of the first $100,000 of State Sales Tax 15 Increment annually generated within a State Sales Tax 16 Boundary; (b) 60% of the amount in excess of $100,000 but not 17 exceeding $500,000 of State Sales Tax Increment annually 18 generated within a State Sales Tax Boundary; and (c) 40% of 19 all amounts in excess of $500,000 of State Sales Tax 20 Increment annually generated within a State Sales Tax 21 Boundary. If, however, a municipality established a tax 22 increment financing district in a county with a population in 23 excess of 3,000,000 before January 1, 1986, and the 24 municipality entered into a contract or issued bonds after 25 January 1, 1986, but before December 31, 1986, to finance 26 redevelopment project costs within a State Sales Tax 27 Boundary, then the Net State Sales Tax Increment means, for 28 the fiscal years beginning July 1, 1990, and July 1, 1991, 29 100% of the State Sales Tax Increment annually generated 30 within a State Sales Tax Boundary; and notwithstanding any 31 other provision of this Act, for those fiscal years the 32 Department of Revenue shall distribute to those 33 municipalities 100% of their Net State Sales Tax Increment 34 before any distribution to any other municipality and HB4053 Engrossed -16- LRB9210197SMdvB 1 regardless of whether or not those other municipalities will 2 receive 100% of their Net State Sales Tax Increment. For 3 Fiscal Year 1999, and every year thereafter until the year 4 2007, for any municipality that has not entered into a 5 contract or has not issued bonds prior to June 1, 1988 to 6 finance redevelopment project costs within a State Sales Tax 7 Boundary, the Net State Sales Tax Increment shall be 8 calculated as follows: By multiplying the Net State Sales Tax 9 Increment by 90% in the State Fiscal Year 1999; 80% in the 10 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 11 60% in the State Fiscal Year 2002; 50% in the State Fiscal 12 Year 2003; 40% in the State Fiscal Year 2004; 30% in the 13 State Fiscal Year 2005; 20% in the State Fiscal Year 2006; 14 and 10% in the State Fiscal Year 2007. No payment shall be 15 made for State Fiscal Year 2008 and thereafter. 16 Municipalities that issued bonds in connection with a 17 redevelopment project in a redevelopment project area within 18 the State Sales Tax Boundary prior to July 29, 1991, or that 19 entered into contracts in connection with a redevelopment 20 project in a redevelopment project area before June 1, 1988, 21 shall continue to receive their proportional share of the 22 Illinois Tax Increment Fund distribution until the date on 23 which the redevelopment project is completed or terminated. 24 If, however, a municipality that issued bonds in connection 25 with a redevelopment project in a redevelopment project area 26 within the State Sales Tax Boundary prior to July 29, 1991 27 retires the bonds prior to June 30, 2007 or a municipality 28 that entered into contracts in connection with a 29 redevelopment project in a redevelopment project area before 30 June 1, 1988 completes the contracts prior to June 30, 2007, 31 then so long as the redevelopment project is not completed or 32 is not terminated, the Net State Sales Tax Increment shall be 33 calculated, beginning on the date on which the bonds are 34 retired or the contracts are completed, as follows: By HB4053 Engrossed -17- LRB9210197SMdvB 1 multiplying the Net State Sales Tax Increment by 60% in the 2 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 3 40% in the State Fiscal Year 2004; 30% in the State Fiscal 4 Year 2005; 20% in the State Fiscal Year 2006; and 10% in the 5 State Fiscal Year 2007. No payment shall be made for State 6 Fiscal Year 2008 and thereafter. Refunding of any bonds 7 issued prior to July 29, 1991, shall not alter the Net State 8 Sales Tax Increment. 9 (j) "State Utility Tax Increment Amount" means an amount 10 equal to the aggregate increase in State electric and gas tax 11 charges imposed on owners and tenants, other than residential 12 customers, of properties located within the redevelopment 13 project area under Section 9-222 of the Public Utilities Act, 14 over and above the aggregate of such charges as certified by 15 the Department of Revenue and paid by owners and tenants, 16 other than residential customers, of properties within the 17 redevelopment project area during the base year, which shall 18 be the calendar year immediately prior to the year of the 19 adoption of the ordinance authorizing tax increment 20 allocation financing. 21 (k) "Net State Utility Tax Increment" means the sum of 22 the following: (a) 80% of the first $100,000 of State Utility 23 Tax Increment annually generated by a redevelopment project 24 area; (b) 60% of the amount in excess of $100,000 but not 25 exceeding $500,000 of the State Utility Tax Increment 26 annually generated by a redevelopment project area; and (c) 27 40% of all amounts in excess of $500,000 of State Utility Tax 28 Increment annually generated by a redevelopment project area. 29 For the State Fiscal Year 1999, and every year thereafter 30 until the year 2007, for any municipality that has not 31 entered into a contract or has not issued bonds prior to June 32 1, 1988 to finance redevelopment project costs within a 33 redevelopment project area, the Net State Utility Tax 34 Increment shall be calculated as follows: By multiplying the HB4053 Engrossed -18- LRB9210197SMdvB 1 Net State Utility Tax Increment by 90% in the State Fiscal 2 Year 1999; 80% in the State Fiscal Year 2000; 70% in the 3 State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 4 50% in the State Fiscal Year 2003; 40% in the State Fiscal 5 Year 2004; 30% in the State Fiscal Year 2005; 20% in the 6 State Fiscal Year 2006; and 10% in the State Fiscal Year 7 2007. No payment shall be made for the State Fiscal Year 2008 8 and thereafter. 9 Municipalities that issue bonds in connection with the 10 redevelopment project during the period from June 1, 1988 11 until 3 years after the effective date of this Amendatory Act 12 of 1988 shall receive the Net State Utility Tax Increment, 13 subject to appropriation, for 15 State Fiscal Years after the 14 issuance of such bonds. For the 16th through the 20th State 15 Fiscal Years after issuance of the bonds, the Net State 16 Utility Tax Increment shall be calculated as follows: By 17 multiplying the Net State Utility Tax Increment by 90% in 18 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 19 50% in year 20. Refunding of any bonds issued prior to June 20 1, 1988, shall not alter the revised Net State Utility Tax 21 Increment payments set forth above. 22 (l) "Obligations" mean bonds, loans, debentures, notes, 23 special certificates or other evidence of indebtedness issued 24 by the municipality to carry out a redevelopment project or 25 to refund outstanding obligations. 26 (m) "Payment in lieu of taxes" means those estimated tax 27 revenues from real property in a redevelopment project area 28 derived from real property that has been acquired by a 29 municipality which according to the redevelopment project or 30 plan is to be used for a private use which taxing districts 31 would have received had a municipality not acquired the real 32 property and adopted tax increment allocation financing and 33 which would result from levies made after the time of the 34 adoption of tax increment allocation financing to the time HB4053 Engrossed -19- LRB9210197SMdvB 1 the current equalized value of real property in the 2 redevelopment project area exceeds the total initial 3 equalized value of real property in said area. 4 (n) "Redevelopment plan" means the comprehensive program 5 of the municipality for development or redevelopment intended 6 by the payment of redevelopment project costs to reduce or 7 eliminate those conditions the existence of which qualified 8 the redevelopment project area as a "blighted area" or 9 "conservation area" or combination thereof or "industrial 10 park conservation area," and thereby to enhance the tax bases 11 of the taxing districts which extend into the redevelopment 12 project area. On and after November 1, 1999 (the effective 13 date of Public Act 91-478), no redevelopment plan may be 14 approved or amended that includes the development of vacant 15 land (i) with a golf course and related clubhouse and other 16 facilities or (ii) designated by federal, State, county, or 17 municipal government as public land for outdoor recreational 18 activities or for nature preserves and used for that purpose 19 within 5 years prior to the adoption of the redevelopment 20 plan. For the purpose of this subsection, "recreational 21 activities" is limited to mean camping and hunting. Each 22 redevelopment plan shall set forth in writing the program to 23 be undertaken to accomplish the objectives and shall include 24 but not be limited to: 25 (A) an itemized list of estimated redevelopment 26 project costs; 27 (B) evidence indicating that the redevelopment 28 project area on the whole has not been subject to growth 29 and development through investment by private enterprise; 30 (C) an assessment of any financial impact of the 31 redevelopment project area on or any increased demand for 32 services from any taxing district affected by the plan 33 and any program to address such financial impact or 34 increased demand; HB4053 Engrossed -20- LRB9210197SMdvB 1 (D) the sources of funds to pay costs; 2 (E) the nature and term of the obligations to be 3 issued; 4 (F) the most recent equalized assessed valuation of 5 the redevelopment project area; 6 (G) an estimate as to the equalized assessed 7 valuation after redevelopment and the general land uses 8 to apply in the redevelopment project area; 9 (H) a commitment to fair employment practices and 10 an affirmative action plan; 11 (I) if it concerns an industrial park conservation 12 area, the plan shall also include a general description 13 of any proposed developer, user and tenant of any 14 property, a description of the type, structure and 15 general character of the facilities to be developed, a 16 description of the type, class and number of new 17 employees to be employed in the operation of the 18 facilities to be developed; and 19 (J) if property is to be annexed to the 20 municipality, the plan shall include the terms of the 21 annexation agreement. 22 The provisions of items (B) and (C) of this subsection 23 (n) shall not apply to a municipality that before March 14, 24 1994 (the effective date of Public Act 88-537) had fixed, 25 either by its corporate authorities or by a commission 26 designated under subsection (k) of Section 11-74.4-4, a time 27 and place for a public hearing as required by subsection (a) 28 of Section 11-74.4-5. No redevelopment plan shall be adopted 29 unless a municipality complies with all of the following 30 requirements: 31 (1) The municipality finds that the redevelopment 32 project area on the whole has not been subject to growth 33 and development through investment by private enterprise 34 and would not reasonably be anticipated to be developed HB4053 Engrossed -21- LRB9210197SMdvB 1 without the adoption of the redevelopment plan. 2 (2) The municipality finds that the redevelopment 3 plan and project conform to the comprehensive plan for 4 the development of the municipality as a whole, or, for 5 municipalities with a population of 100,000 or more, 6 regardless of when the redevelopment plan and project was 7 adopted, the redevelopment plan and project either: (i) 8 conforms to the strategic economic development or 9 redevelopment plan issued by the designated planning 10 authority of the municipality, or (ii) includes land uses 11 that have been approved by the planning commission of the 12 municipality. 13 (3) The redevelopment plan establishes the 14 estimated dates of completion of the redevelopment 15 project and retirement of obligations issued to finance 16 redevelopment project costs. Those dates shall not be 17 later than December 31 of the year in which the payment 18 to the municipal treasurer as provided in subsection (b) 19 of Section 11-74.4-8 of this Act is to be made with 20 respect to ad valorem taxes levied in the twenty-third 21 calendar year after the year in which the ordinance 22 approving the redevelopment project area is adopted if 23 the ordinance was adopted on or after January 15, 1981, 24 and not later than December 31 of the year in which the 25 payment to the municipal treasurer as provided in 26 subsection (b) of Section 11-74.4-8 of this Act is to be 27 made with respect to ad valorem taxes levied in the 28 thirty-fifth calendar year after the year in which the 29 ordinance approving the redevelopment project area is 30 adopted: 31 (A) if the ordinance was adopted before 32 January 15, 1981, or 33 (B) if the ordinance was adopted in December 34 1983, April 1984, July 1985, or December 1989, or HB4053 Engrossed -22- LRB9210197SMdvB 1 (C) if the ordinance was adopted in December 2 1987 and the redevelopment project is located within 3 one mile of Midway Airport, or 4 (D) if the ordinance was adopted before 5 January 1, 1987 by a municipality in Mason County, 6 or 7 (E) if the municipality is subject to the 8 Local Government Financial Planning and Supervision 9 Act or the Financially Distressed City Law, or 10 (F) if the ordinance was adopted in December 11 1984 by the Village of Rosemont, or 12 (G) if the ordinance was adopted on December 13 31, 1986 by a municipality located in Clinton County 14 for which at least $250,000 of tax increment bonds 15 were authorized on June 17, 1997, or if the 16 ordinance was adopted on December 31, 1986 by a 17 municipality with a population in 1990 of less than 18 3,600 that is located in a county with a population 19 in 1990 of less than 34,000 and for which at least 20 $250,000 of tax increment bonds were authorized on 21 June 17, 1997, or 22 (H) if the ordinance was adopted on October 5, 23 1982 by the City of Kankakee, or if the ordinance 24 was adopted on December 29, 1986 by East St. Louis, 25 or 26 (I) if the ordinance was adopted on November 27 12, 1991 by the Village of Sauget, or 28 (J) if the ordinance was adopted on February 29 11, 1985 by the City of Rock Island, or 30 (K) if the ordinance was adopted before 31 December 18, 1986 by the City of Moline, or 32 (L) if the ordinance was adopted in September 33 1988 by Sauk Village, or 34 (M) if the ordinance was adopted in October HB4053 Engrossed -23- LRB9210197SMdvB 1 1993 by Sauk Village, or 2 (N) if the ordinance was adopted on December 3 29, 1986 by the City of Galva, or 4 (O) if the ordinance was adopted in March 1991 5 by the City of Centreville, or 6 (P)(L)if the ordinance was adopted on 7 January 23, 1991 by the City of East St. Louis, or 8 (Q) if the ordinance was adopted on December 9 22, 1986 by the City of Aledo, or 10 (R) if the ordinance was adopted on February 11 5, 1990 by the City of Clinton, or 12 (S) if the ordinance was adopted on September 13 6, 1994 by the City of Freeport, or 14 (T) if the ordinance was adopted on December 15 22, 1986 by the City of Tuscola, or 16 (U) if the ordinance was adopted on December 17 23, 1986 by the City of Sparta, or 18 (V) if the ordinance was adopted on December 19 23, 1986 by the City of Beardstown, or 20 (W) if the ordinance was adopted on April 27, 21 1981, October 21, 1985, or December 30, 1986 by the 22 City of Belleville. 23 However, for redevelopment project areas for which 24 bonds were issued before July 29, 1991, or for which 25 contracts were entered into before June 1, 1988, in 26 connection with a redevelopment project in the area 27 within the State Sales Tax Boundary, the estimated dates 28 of completion of the redevelopment project and retirement 29 of obligations to finance redevelopment project costs may 30 be extended by municipal ordinance to December 31, 2013. 31 The extension allowed by this amendatory Act of 1993 32 shall not apply to real property tax increment allocation 33 financing under Section 11-74.4-8. 34 A municipality may by municipal ordinance amend an HB4053 Engrossed -24- LRB9210197SMdvB 1 existing redevelopment plan to conform to this paragraph 2 (3) as amended by Public Act 91-478, which municipal 3 ordinance may be adopted without further hearing or 4 notice and without complying with the procedures provided 5 in this Act pertaining to an amendment to or the initial 6 approval of a redevelopment plan and project and 7 designation of a redevelopment project area. 8 Those dates, for purposes of real property tax 9 increment allocation financing pursuant to Section 10 11-74.4-8 only, shall be not more than 35 years for 11 redevelopment project areas that were adopted on or after 12 December 16, 1986 and for which at least $8 million worth 13 of municipal bonds were authorized on or after December 14 19, 1989 but before January 1, 1990; provided that the 15 municipality elects to extend the life of the 16 redevelopment project area to 35 years by the adoption of 17 an ordinance after at least 14 but not more than 30 days' 18 written notice to the taxing bodies, that would otherwise 19 constitute the joint review board for the redevelopment 20 project area, before the adoption of the ordinance. 21 Those dates, for purposes of real property tax 22 increment allocation financing pursuant to Section 23 11-74.4-8 only, shall be not more than 35 years for 24 redevelopment project areas that were established on or 25 after December 1, 1981 but before January 1, 1982 and for 26 which at least $1,500,000 worth of tax increment revenue 27 bonds were authorized on or after September 30, 1990 but 28 before July 1, 1991; provided that the municipality 29 elects to extend the life of the redevelopment project 30 area to 35 years by the adoption of an ordinance after at 31 least 14 but not more than 30 days' written notice to the 32 taxing bodies, that would otherwise constitute the joint 33 review board for the redevelopment project area, before 34 the adoption of the ordinance. HB4053 Engrossed -25- LRB9210197SMdvB 1 (3.5) The municipality finds, in the case of an 2 industrial park conservation area, also that the 3 municipality is a labor surplus municipality and that the 4 implementation of the redevelopment plan will reduce 5 unemployment, create new jobs and by the provision of new 6 facilities enhance the tax base of the taxing districts 7 that extend into the redevelopment project area. 8 (4) If any incremental revenues are being utilized 9 under Section 8(a)(1) or 8(a)(2) of this Act in 10 redevelopment project areas approved by ordinance after 11 January 1, 1986, the municipality finds: (a) that the 12 redevelopment project area would not reasonably be 13 developed without the use of such incremental revenues, 14 and (b) that such incremental revenues will be 15 exclusively utilized for the development of the 16 redevelopment project area. 17 (5)On and after November 1, 1999,If the 18 redevelopment plan will not result in displacement of1019or moreresidents from 10 or more inhabited residential 20 units, and the municipality certifies in the plan that 21 such displacement will not result from the plan, a 22 housing impact study need not be performed. If, however, 23 the redevelopment plan would result in the displacement 24 of residents from 10 or more inhabited residential units, 25 or if the redevelopment project area contains 75 or more 26 inhabited residential units and no certification is made, 27 then the municipality shall prepare, as part of the 28 separate feasibility report required by subsection (a) of 29 Section 11-74.4-5, a housing impact study. 30 Part I of the housing impact study shall include (i) 31 data as to whether the residential units are single 32 family or multi-family units, (ii) the number and type of 33 rooms within the units, if that information is available, 34 (iii) whether the units are inhabited or uninhabited, as HB4053 Engrossed -26- LRB9210197SMdvB 1 determined not less than 45 days before the date that the 2 ordinance or resolution required by subsection (a) of 3 Section 11-74.4-5 is passed, and (iv) data as to the 4 racial and ethnic composition of the residents in the 5 inhabited residential units. The data requirement as to 6 the racial and ethnic composition of the residents in the 7 inhabited residential units shall be deemed to be fully 8 satisfied by data from the most recent federal census. 9 Part II of the housing impact study shall identify 10 the inhabited residential units in the proposed 11 redevelopment project area that are to be or may be 12 removed. If inhabited residential units are to be 13 removed, then the housing impact study shall identify (i) 14 the number and location of those units that will or may 15 be removed, (ii) the municipality's plans for relocation 16 assistance for those residents in the proposed 17 redevelopment project area whose residences are to be 18 removed, (iii) the availability of replacement housing 19 for those residents whose residences are to be removed, 20 and shall identify the type, location, and cost of the 21 housing, and (iv) the type and extent of relocation 22 assistance to be provided. 23 (6) On and after November 1, 1999, the housing 24 impact study required by paragraph (5) shall be 25 incorporated in the redevelopment plan for the 26 redevelopment project area. 27 (7) On and after November 1, 1999, no redevelopment 28 plan shall be adopted, nor an existing plan amended, nor 29 shall residential housing that is occupied by households 30 of low-income and very low-income persons in currently 31 existing redevelopment project areas be removed after 32 November 1, 1999 unless the redevelopment plan provides, 33 with respect to inhabited housing units that are to be 34 removed for households of low-income and very low-income HB4053 Engrossed -27- LRB9210197SMdvB 1 persons, affordable housing and relocation assistance not 2 less than that which would be provided under the federal 3 Uniform Relocation Assistance and Real Property 4 Acquisition Policies Act of 1970 and the regulations 5 under that Act, including the eligibility criteria. 6 Affordable housing may be either existing or newly 7 constructed housing. For purposes of this paragraph (7), 8 "low-income households", "very low-income households", 9 and "affordable housing" have the meanings set forth in 10 the Illinois Affordable Housing Act. The municipality 11 shall make a good faith effort to ensure that this 12 affordable housing is located in or near the 13 redevelopment project area within the municipality. 14 (8) On and after November 1, 1999, if, after the 15 adoption of the redevelopment plan for the redevelopment 16 project area, any municipality desires to amend its 17 redevelopment plan to remove more inhabited residential 18 units than specified in its original redevelopment plan, 19 that change shall be made in accordance with the 20 procedures in subsection (c) of Section 11-74.4-5 21increase in the number of units to be removed shall be22deemed to be a change in the nature of the redevelopment23plan as to require compliance with the procedures in this24Act pertaining to the initial approval of a redevelopment25plan. 26 (9) For redevelopment project areas designated 27 prior to November 1, 1999, the redevelopment plan may be 28 amended without further joint review board meeting or 29 hearing, provided that the municipality shall give notice 30 of any such changes by mail to each affected taxing 31 district and registrant on the interested party registry, 32 to authorize the municipality to expend tax increment 33 revenues for redevelopment project costs defined by 34 paragraphs (5) and (7.5), subparagraphs (E) and (F) of HB4053 Engrossed -28- LRB9210197SMdvB 1 paragraph (11), and paragraph (11.5) of subsection (q) of 2 Section 11-74.4-3, so long as the changes do not increase 3 the total estimated redevelopment project costs set out 4 in the redevelopment plan by more than 5% after 5 adjustment for inflation from the date the plan was 6 adopted. 7 (o) "Redevelopment project" means any public and private 8 development project in furtherance of the objectives of a 9 redevelopment plan. On and after November 1, 1999 (the 10 effective date of Public Act 91-478), no redevelopment plan 11 may be approved or amended that includes the development of 12 vacant land (i) with a golf course and related clubhouse and 13 other facilities or (ii) designated by federal, State, 14 county, or municipal government as public land for outdoor 15 recreational activities or for nature preserves and used for 16 that purpose within 5 years prior to the adoption of the 17 redevelopment plan. For the purpose of this subsection, 18 "recreational activities" is limited to mean camping and 19 hunting. 20 (p) "Redevelopment project area" means an area 21 designated by the municipality, which is not less in the 22 aggregate than 1 1/2 acres and in respect to which the 23 municipality has made a finding that there exist conditions 24 which cause the area to be classified as an industrial park 25 conservation area or a blighted area or a conservation area, 26 or a combination of both blighted areas and conservation 27 areas. 28 (q) "Redevelopment project costs" mean and include the 29 sum total of all reasonable or necessary costs incurred or 30 estimated to be incurred, and any such costs incidental to a 31 redevelopment plan and a redevelopment project. Such costs 32 include, without limitation, the following: 33 (1) Costs of studies, surveys, development of 34 plans, and specifications, implementation and HB4053 Engrossed -29- LRB9210197SMdvB 1 administration of the redevelopment plan including but 2 not limited to staff and professional service costs for 3 architectural, engineering, legal, financial, planning or 4 other services, provided however that no charges for 5 professional services may be based on a percentage of the 6 tax increment collected; except that on and after 7 November 1, 1999 (the effective date of Public Act 8 91-478), no contracts for professional services, 9 excluding architectural and engineering services, may be 10 entered into if the terms of the contract extend beyond a 11 period of 3 years. In addition, "redevelopment project 12 costs" shall not include lobbying expenses. After 13 consultation with the municipality, each tax increment 14 consultant or advisor to a municipality that plans to 15 designate or has designated a redevelopment project area 16 shall inform the municipality in writing of any contracts 17 that the consultant or advisor has entered into with 18 entities or individuals that have received, or are 19 receiving, payments financed by tax increment revenues 20 produced by the redevelopment project area with respect 21 to which the consultant or advisor has performed, or will 22 be performing, service for the municipality. This 23 requirement shall be satisfied by the consultant or 24 advisor before the commencement of services for the 25 municipality and thereafter whenever any other contracts 26 with those individuals or entities are executed by the 27 consultant or advisor; 28 (1.5) After July 1, 1999, annual administrative 29 costs shall not include general overhead or 30 administrative costs of the municipality that would still 31 have been incurred by the municipality if the 32 municipality had not designated a redevelopment project 33 area or approved a redevelopment plan; 34 (1.6) The cost of marketing sites within the HB4053 Engrossed -30- LRB9210197SMdvB 1 redevelopment project area to prospective businesses, 2 developers, and investors; 3 (2) Property assembly costs, including but not 4 limited to acquisition of land and other property, real 5 or personal, or rights or interests therein, demolition 6 of buildings, site preparation, site improvements that 7 serve as an engineered barrier addressing ground level or 8 below ground environmental contamination, including, but 9 not limited to parking lots and other concrete or asphalt 10 barriers, and the clearing and grading of land; 11 (3) Costs of rehabilitation, reconstruction or 12 repair or remodeling of existing public or private 13 buildings, fixtures, and leasehold improvements; and the 14 cost of replacing an existing public building if pursuant 15 to the implementation of a redevelopment project the 16 existing public building is to be demolished to use the 17 site for private investment or devoted to a different use 18 requiring private investment; 19 (4) Costs of the construction of public works or 20 improvements, except that on and after November 1, 1999, 21 redevelopment project costs shall not include the cost of 22 constructing a new municipal public building principally 23 used to provide offices, storage space, or conference 24 facilities or vehicle storage, maintenance, or repair for 25 administrative, public safety, or public works personnel 26 and that is not intended to replace an existing public 27 building as provided under paragraph (3) of subsection 28 (q) of Section 11-74.4-3 unless either (i) the 29 construction of the new municipal building implements a 30 redevelopment project that was included in a 31 redevelopment plan that was adopted by the municipality 32 prior to November 1, 1999 or (ii) the municipality makes 33 a reasonable determination in the redevelopment plan, 34 supported by information that provides the basis for that HB4053 Engrossed -31- LRB9210197SMdvB 1 determination, that the new municipal building is 2 required to meet an increase in the need for public 3 safety purposes anticipated to result from the 4 implementation of the redevelopment plan; 5 (5) Costs of job training and retraining projects, 6 including the cost of "welfare to work" programs 7 implemented by businesses located within the 8 redevelopment project area; 9 (6) Financing costs, including but not limited to 10 all necessary and incidental expenses related to the 11 issuance of obligations and which may include payment of 12 interest on any obligations issued hereunder including 13 interest accruing during the estimated period of 14 construction of any redevelopment project for which such 15 obligations are issued and for not exceeding 36 months 16 thereafter and including reasonable reserves related 17 thereto; 18 (7) To the extent the municipality by written 19 agreement accepts and approves the same, all or a portion 20 of a taxing district's capital costs resulting from the 21 redevelopment project necessarily incurred or to be 22 incurred within a taxing district in furtherance of the 23 objectives of the redevelopment plan and project. 24 (7.5) For redevelopment project areas designated 25 (or redevelopment project areas amended to add or 26 increase the number of tax-increment-financing assisted 27 housing units) on or after November 1, 1999, an 28 elementary, secondary, or unit school district's 29 increased costs attributable to assisted housing units 30 located within the redevelopment project area for which 31 the developer or redeveloper receives financial 32 assistance through an agreement with the municipality or 33 because the municipality incurs the cost of necessary 34 infrastructure improvements within the boundaries of the HB4053 Engrossed -32- LRB9210197SMdvB 1 assisted housing sites necessary for the completion of 2 that housing as authorized by this Act, and which costs 3 shall be paid by the municipality from the Special Tax 4 Allocation Fund when the tax increment revenue is 5 received as a result of the assisted housing units and 6 shall be calculated annually as follows: 7 (A) for foundation districts, excluding any 8 school district in a municipality with a population 9 in excess of 1,000,000, by multiplying the 10 district's increase in attendance resulting from the 11 net increase in new students enrolled in that school 12 district who reside in housing units within the 13 redevelopment project area that have received 14 financial assistance through an agreement with the 15 municipality or because the municipality incurs the 16 cost of necessary infrastructure improvements within 17 the boundaries of the housing sites necessary for 18 the completion of that housing as authorized by this 19 Act since the designation of the redevelopment 20 project area by the most recently available per 21 capita tuition cost as defined in Section 10-20.12a 22 of the School Code less any increase in general 23 State aid as defined in Section 18-8.05 of the 24 School Code attributable to these added new students 25 subject to the following annual limitations: 26 (i) for unit school districts with a 27 district average 1995-96 Per Capita Tuition 28 Charge of less than $5,900, no more than 25% of 29 the total amount of property tax increment 30 revenue produced by those housing units that 31 have received tax increment finance assistance 32 under this Act; 33 (ii) for elementary school districts with 34 a district average 1995-96 Per Capita Tuition HB4053 Engrossed -33- LRB9210197SMdvB 1 Charge of less than $5,900, no more than 17% of 2 the total amount of property tax increment 3 revenue produced by those housing units that 4 have received tax increment finance assistance 5 under this Act; and 6 (iii) for secondary school districts with 7 a district average 1995-96 Per Capita Tuition 8 Charge of less than $5,900, no more than 8% 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 (B) For alternate method districts, flat grant 14 districts, and foundation districts with a district 15 average 1995-96 Per Capita Tuition Charge equal to 16 or more than $5,900, excluding any school district 17 with a population in excess of 1,000,000, by 18 multiplying the district's increase in attendance 19 resulting from the net increase in new students 20 enrolled in that school district who reside in 21 housing units within the redevelopment project area 22 that have received financial assistance through an 23 agreement with the municipality or because the 24 municipality incurs the cost of necessary 25 infrastructure improvements within the boundaries of 26 the housing sites necessary for the completion of 27 that housing as authorized by this Act since the 28 designation of the redevelopment project area by the 29 most recently available per capita tuition cost as 30 defined in Section 10-20.12a of the School Code less 31 any increase in general state aid as defined in 32 Section 18-8.05 of the School Code attributable to 33 these added new students subject to the following 34 annual limitations: HB4053 Engrossed -34- LRB9210197SMdvB 1 (i) for unit school districts, no more 2 than 40% of the total amount of property tax 3 increment revenue produced by those housing 4 units that have received tax increment finance 5 assistance under this Act; 6 (ii) for elementary school districts, no 7 more than 27% of the total amount of property 8 tax increment revenue produced by those housing 9 units that have received tax increment finance 10 assistance under this Act; and 11 (iii) for secondary school districts, no 12 more than 13% of the total amount of property 13 tax increment revenue produced by those housing 14 units that have received tax increment finance 15 assistance under this Act. 16 (C) For any school district in a municipality 17 with a population in excess of 1,000,000, the 18 following restrictions shall apply to the 19 reimbursement of increased costs under this 20 paragraph (7.5): 21 (i) no increased costs shall be 22 reimbursed unless the school district certifies 23 that each of the schools affected by the 24 assisted housing project is at or over its 25 student capacity; 26 (ii) the amount reimburseable shall be 27 reduced by the value of any land donated to the 28 school district by the municipality or 29 developer, and by the value of any physical 30 improvements made to the schools by the 31 municipality or developer; and 32 (iii) the amount reimbursed may not 33 affect amounts otherwise obligated by the terms 34 of any bonds, notes, or other funding HB4053 Engrossed -35- LRB9210197SMdvB 1 instruments, or the terms of any redevelopment 2 agreement. 3 Any school district seeking payment under this 4 paragraph (7.5) shall, after July 1 and before 5 September 30 of each year, provide the municipality 6 with reasonable evidence to support its claim for 7 reimbursement before the municipality shall be 8 required to approve or make the payment to the 9 school district. If the school district fails to 10 provide the information during this period in any 11 year, it shall forfeit any claim to reimbursement 12 for that year. School districts may adopt a 13 resolution waiving the right to all or a portion of 14 the reimbursement otherwise required by this 15 paragraph (7.5). By acceptance of this 16 reimbursement the school district waives the right 17 to directly or indirectly set aside, modify, or 18 contest in any manner the establishment of the 19 redevelopment project area or projects; 20 (8) Relocation costs to the extent that a 21 municipality determines that relocation costs shall be 22 paid or is required to make payment of relocation costs 23 by federal or State law or in order to satisfy 24 subparagraph (7) of subsection (n); 25 (9) Payment in lieu of taxes; 26 (10) Costs of job training, retraining, advanced 27 vocational education or career education, including but 28 not limited to courses in occupational, semi-technical or 29 technical fields leading directly to employment, incurred 30 by one or more taxing districts, provided that such costs 31 (i) are related to the establishment and maintenance of 32 additional job training, advanced vocational education or 33 career education programs for persons employed or to be 34 employed by employers located in a redevelopment project HB4053 Engrossed -36- LRB9210197SMdvB 1 area; and (ii) when incurred by a taxing district or 2 taxing districts other than the municipality, are set 3 forth in a written agreement by or among the municipality 4 and the taxing district or taxing districts, which 5 agreement describes the program to be undertaken, 6 including but not limited to the number of employees to 7 be trained, a description of the training and services to 8 be provided, the number and type of positions available 9 or to be available, itemized costs of the program and 10 sources of funds to pay for the same, and the term of the 11 agreement. Such costs include, specifically, the payment 12 by community college districts of costs pursuant to 13 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public 14 Community College Act and by school districts of costs 15 pursuant to Sections 10-22.20a and 10-23.3a of The School 16 Code; 17 (11) Interest cost incurred by a redeveloper 18 related to the construction, renovation or rehabilitation 19 of a redevelopment project provided that: 20 (A) such costs are to be paid directly from 21 the special tax allocation fund established pursuant 22 to this Act; 23 (B) such payments in any one year may not 24 exceed 30% of the annual interest costs incurred by 25 the redeveloper with regard to the redevelopment 26 project during that year; 27 (C) if there are not sufficient funds 28 available in the special tax allocation fund to make 29 the payment pursuant to this paragraph (11) then the 30 amounts so due shall accrue and be payable when 31 sufficient funds are available in the special tax 32 allocation fund; 33 (D) the total of such interest payments paid 34 pursuant to this Act may not exceed 30% of the total HB4053 Engrossed -37- LRB9210197SMdvB 1 (i) cost paid or incurred by the redeveloper for the 2 redevelopment project plus (ii) redevelopment 3 project costs excluding any property assembly costs 4 and any relocation costs incurred by a municipality 5 pursuant to this Act; and 6 (E) the cost limits set forth in subparagraphs 7 (B) and (D) of paragraph (11) shall be modified for 8 the financing of rehabilitated or new housing units 9 for low-income households and very low-income 10 households, as defined in Section 3 of the Illinois 11 Affordable Housing Act. The percentage of 75% shall 12 be substituted for 30% in subparagraphs (B) and (D) 13 of paragraph (11). 14 (F) Instead of the eligible costs provided by 15 subparagraphs (B) and (D) of paragraph (11), as 16 modified by this subparagraph, and notwithstanding 17 any other provisions of this Act to the contrary, 18 the municipality may pay from tax increment revenues 19 up to 50% of the cost of construction of new housing 20 units to be occupied by low-income households and 21 very low-income households as defined in Section 3 22 of the Illinois Affordable Housing Act. The cost of 23 construction of those units may be derived from the 24 proceeds of bonds issued by the municipality under 25 this Act or other constitutional or statutory 26 authority or from other sources of municipal revenue 27 that may be reimbursed from tax increment revenues 28 or the proceeds of bonds issued to finance the 29 construction of that housing. 30 The eligible costs provided under this 31 subparagraph (F) of paragraph (11) shall be an 32 eligible cost for the construction, renovation, and 33 rehabilitation of all low and very low-income 34 housing units, as defined in Section 3 of the HB4053 Engrossed -38- LRB9210197SMdvB 1 Illinois Affordable Housing Act, within the 2 redevelopment project area. If the low and very 3 low-income units are part of a residential 4 redevelopment project that includes units not 5 affordable to low and very low-income households, 6 only the low and very low-income units shall be 7 eligible for benefits under subparagraph (F) of 8 paragraph (11). The standards for maintaining the 9 occupancy by low-income households and very 10 low-income households, as defined in Section 3 of 11 the Illinois Affordable Housing Act, of those units 12 constructed with eligible costs made available under 13 the provisions of this subparagraph (F) of paragraph 14 (11) shall be established by guidelines adopted by 15 the municipality. The responsibility for annually 16 documenting the initial occupancy of the units by 17 low-income households and very low-income 18 households, as defined in Section 3 of the Illinois 19 Affordable Housing Act, shall be that of the then 20 current owner of the property. For ownership units, 21 the guidelines will provide, at a minimum, for a 22 reasonable recapture of funds, or other appropriate 23 methods designed to preserve the original 24 affordability of the ownership units. For rental 25 units, the guidelines will provide, at a minimum, 26 for the affordability of rent to low and very 27 low-income households. As units become available, 28 they shall be rented to income-eligible tenants. The 29 municipality may modify these guidelines from time 30 to time; the guidelines, however, shall be in effect 31 for as long as tax increment revenue is being used 32 to pay for costs associated with the units or for 33 the retirement of bonds issued to finance the units 34 or for the life of the redevelopment project area, HB4053 Engrossed -39- LRB9210197SMdvB 1 whichever is later. 2 (11.5) If the redevelopment project area is located 3 within a municipality with a population of more than 4 100,000, the cost of day care services for children of 5 employees from low-income families working for businesses 6 located within the redevelopment project area and all or 7 a portion of the cost of operation of day care centers 8 established by redevelopment project area businesses to 9 serve employees from low-income families working in 10 businesses located in the redevelopment project area. 11 For the purposes of this paragraph, "low-income families" 12 means families whose annual income does not exceed 80% of 13 the municipal, county, or regional median income, 14 adjusted for family size, as the annual income and 15 municipal, county, or regional median income are 16 determined from time to time by the United States 17 Department of Housing and Urban Development. 18 (12) Unless explicitly stated herein the cost of 19 construction of new privately-owned buildings shall not 20 be an eligible redevelopment project cost. 21 (13) After November 1, 1999 (the effective date of 22 Public Act 91-478), none of the redevelopment project 23 costs enumerated in this subsection shall be eligible 24 redevelopment project costs if those costs would provide 25 direct financial support to a retail entity initiating 26 operations in the redevelopment project area while 27 terminating operations at another Illinois location 28 within 10 miles of the redevelopment project area but 29 outside the boundaries of the redevelopment project area 30 municipality. For purposes of this paragraph, 31 termination means a closing of a retail operation that is 32 directly related to the opening of the same operation or 33 like retail entity owned or operated by more than 50% of 34 the original ownership in a redevelopment project area, HB4053 Engrossed -40- LRB9210197SMdvB 1 but it does not mean closing an operation for reasons 2 beyond the control of the retail entity, as documented by 3 the retail entity, subject to a reasonable finding by the 4 municipality that the current location contained 5 inadequate space, had become economically obsolete, or 6 was no longer a viable location for the retailer or 7 serviceman. 8 If a special service area has been established pursuant 9 to the Special Service Area Tax Act or Special Service Area 10 Tax Law, then any tax increment revenues derived from the tax 11 imposed pursuant to the Special Service Area Tax Act or 12 Special Service Area Tax Law may be used within the 13 redevelopment project area for the purposes permitted by that 14 Act or Law as well as the purposes permitted by this Act. 15 (r) "State Sales Tax Boundary" means the redevelopment 16 project area or the amended redevelopment project area 17 boundaries which are determined pursuant to subsection (9) of 18 Section 11-74.4-8a of this Act. The Department of Revenue 19 shall certify pursuant to subsection (9) of Section 20 11-74.4-8a the appropriate boundaries eligible for the 21 determination of State Sales Tax Increment. 22 (s) "State Sales Tax Increment" means an amount equal to 23 the increase in the aggregate amount of taxes paid by 24 retailers and servicemen, other than retailers and servicemen 25 subject to the Public Utilities Act, on transactions at 26 places of business located within a State Sales Tax Boundary 27 pursuant to the Retailers' Occupation Tax Act, the Use Tax 28 Act, the Service Use Tax Act, and the Service Occupation Tax 29 Act, except such portion of such increase that is paid into 30 the State and Local Sales Tax Reform Fund, the Local 31 Government Distributive Fund, the Local Government Tax 32 Fund and the County and Mass Transit District Fund, for as 33 long as State participation exists, over and above the 34 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts HB4053 Engrossed -41- LRB9210197SMdvB 1 or the Revised Initial Sales Tax Amounts for such taxes as 2 certified by the Department of Revenue and paid under those 3 Acts by retailers and servicemen on transactions at places of 4 business located within the State Sales Tax Boundary during 5 the base year which shall be the calendar year immediately 6 prior to the year in which the municipality adopted tax 7 increment allocation financing, less 3.0% of such amounts 8 generated under the Retailers' Occupation Tax Act, Use Tax 9 Act and Service Use Tax Act and the Service Occupation Tax 10 Act, which sum shall be appropriated to the Department of 11 Revenue to cover its costs of administering and enforcing 12 this Section. For purposes of computing the aggregate amount 13 of such taxes for base years occurring prior to 1985, the 14 Department of Revenue shall compute the Initial Sales Tax 15 Amount for such taxes and deduct therefrom an amount equal to 16 4% of the aggregate amount of taxes per year for each year 17 the base year is prior to 1985, but not to exceed a total 18 deduction of 12%. The amount so determined shall be known as 19 the "Adjusted Initial Sales Tax Amount". For purposes of 20 determining the State Sales Tax Increment the Department of 21 Revenue shall for each period subtract from the tax amounts 22 received from retailers and servicemen on transactions 23 located in the State Sales Tax Boundary, the certified 24 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 25 or Revised Initial Sales Tax Amounts for the Retailers' 26 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act 27 and the Service Occupation Tax Act. For the State Fiscal 28 Year 1989 this calculation shall be made by utilizing the 29 calendar year 1987 to determine the tax amounts received. For 30 the State Fiscal Year 1990, this calculation shall be made by 31 utilizing the period from January 1, 1988, until September 32 30, 1988, to determine the tax amounts received from 33 retailers and servicemen, which shall have deducted therefrom 34 nine-twelfths of the certified Initial Sales Tax Amounts, HB4053 Engrossed -42- LRB9210197SMdvB 1 Adjusted Initial Sales Tax Amounts or the Revised Initial 2 Sales Tax Amounts as appropriate. For the State Fiscal Year 3 1991, this calculation shall be made by utilizing the period 4 from October 1, 1988, until June 30, 1989, to determine the 5 tax amounts received from retailers and servicemen, which 6 shall have deducted therefrom nine-twelfths of the certified 7 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax 8 Amounts or the Revised Initial Sales Tax Amounts as 9 appropriate. For every State Fiscal Year thereafter, the 10 applicable period shall be the 12 months beginning July 1 and 11 ending on June 30, to determine the tax amounts received 12 which shall have deducted therefrom the certified Initial 13 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the 14 Revised Initial Sales Tax Amounts. Municipalities intending 15 to receive a distribution of State Sales Tax Increment must 16 report a list of retailers to the Department of Revenue by 17 October 31, 1988 and by July 31, of each year thereafter. 18 (t) "Taxing districts" means counties, townships, cities 19 and incorporated towns and villages, school, road, park, 20 sanitary, mosquito abatement, forest preserve, public health, 21 fire protection, river conservancy, tuberculosis sanitarium 22 and any other municipal corporations or districts with the 23 power to levy taxes. 24 (u) "Taxing districts' capital costs" means those costs 25 of taxing districts for capital improvements that are found 26 by the municipal corporate authorities to be necessary and 27 directly result from the redevelopment project. 28 (v) As used in subsection (a) of Section 11-74.4-3 of 29 this Act, "vacant land" means any parcel or combination of 30 parcels of real property without industrial, commercial, and 31 residential buildings which has not been used for commercial 32 agricultural purposes within 5 years prior to the designation 33 of the redevelopment project area, unless the parcel is 34 included in an industrial park conservation area or the HB4053 Engrossed -43- LRB9210197SMdvB 1 parcel has been subdivided; provided that if the parcel was 2 part of a larger tract that has been divided into 3 or more 3 smaller tracts that were accepted for recording during the 4 period from 1950 to 1990, then the parcel shall be deemed to 5 have been subdivided, and all proceedings and actions of the 6 municipality taken in that connection with respect to any 7 previously approved or designated redevelopment project area 8 or amended redevelopment project area are hereby validated 9 and hereby declared to be legally sufficient for all purposes 10 of this Act. For purposes of this Section and only for land 11 subject to the subdivision requirements of the Plat Act, land 12 is subdivided when the original plat of the proposed 13 Redevelopment Project Area or relevant portion thereof has 14 been properly certified, acknowledged, approved, and recorded 15 or filed in accordance with the Plat Act and a preliminary 16 plat, if any, for any subsequent phases of the proposed 17 Redevelopment Project Area or relevant portion thereof has 18 been properly approved and filed in accordance with the 19 applicable ordinance of the municipality. 20 (w) "Annual Total Increment" means the sum of each 21 municipality's annual Net Sales Tax Increment and each 22 municipality's annual Net Utility Tax Increment. The ratio 23 of the Annual Total Increment of each municipality to the 24 Annual Total Increment for all municipalities, as most 25 recently calculated by the Department, shall determine the 26 proportional shares of the Illinois Tax Increment Fund to be 27 distributed to each municipality. 28 (Source: P.A. 91-261, eff. 7-23-99; 91-477, eff. 8-11-99; 29 91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff. 30 6-9-00; 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; revised 31 9-19-01.) 32 (65 ILCS 5/11-74.4-4.1) 33 Sec. 11-74.4-4.1. Feasibility study. HB4053 Engrossed -44- LRB9210197SMdvB 1 (a) If a municipality by its corporate authorities, or 2 as it may determine by any commission designated under 3 subsection (k) of Section 11-74.4-4, adopts an ordinance or 4 resolution providing for a feasibility study on the 5 designation of an area as a redevelopment project area, a 6 copy of the ordinance or resolution shall immediately be sent 7 to all taxing districts that would be affected by the 8 designation. 9 On and after the effective date of this amendatory Act of 10 the 91st General Assembly, the ordinance or resolution shall 11 include: 12 (1) The boundaries of the area to be studied for 13 possible designation as a redevelopment project area. 14 (2) The purpose or purposes of the proposed 15 redevelopment plan and project. 16 (3) A general description of tax increment 17 allocation financing under this Act. 18 (4) The name, phone number, and address of the 19 municipal officer who can be contacted for additional 20 information about the proposed redevelopment project area 21 and who should receive all comments and suggestions 22 regarding the redevelopment of the area to be studied. 23 (b) If one of the purposes of the planned redevelopment 24 project area should reasonably be expected to result in the 25 displacement of residents from 10 or more inhabited 26 residential units, the municipality shall adopt a resolution 27 or ordinance providing for the feasibility study described in 28 subsection (a). The ordinance or resolution shall also 29 require that the feasibility study include the preparation of 30 the housing impact study set forth in paragraph (5) of 31 subsection (n) of Section 11-74.4-3. If the redevelopment 32 plan will not result in displacement of10 or moreresidents 33 from 10 or more inhabited residential units, and the 34 municipality certifies in the plan that such displacement HB4053 Engrossed -45- LRB9210197SMdvB 1 will not result from the plan, then a resolution or ordinance 2 need not be adopted. 3 (Source: P.A. 91-478, eff. 11-1-99; 92-263, eff. 8-7-01.) 4 (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5) 5 Sec. 11-74.4-5. (a) The changes made by this amendatory 6 Act of the 91st General Assembly do not apply to a 7 municipality that, (i) before the effective date of this 8 amendatory Act of the 91st General Assembly, has adopted an 9 ordinance or resolution fixing a time and place for a public 10 hearing under this Section or (ii) before July 1, 1999, has 11 adopted an ordinance or resolution providing for a 12 feasibility study under Section 11-74.4-4.1, but has not yet 13 adopted an ordinance approving redevelopment plans and 14 redevelopment projects or designating redevelopment project 15 areas under Section 11-74.4-4, until after that municipality 16 adopts an ordinance approving redevelopment plans and 17 redevelopment projects or designating redevelopment project 18 areas under Section 11-74.4-4; thereafter the changes made by 19 this amendatory Act of the 91st General Assembly apply to the 20 same extent that they apply to redevelopment plans and 21 redevelopment projects that were approved and redevelopment 22 projects that were designated before the effective date of 23 this amendatory Act of the 91st General Assembly. 24 Prior to the adoption of an ordinance proposing the 25 designation of a redevelopment project area, or approving a 26 redevelopment plan or redevelopment project, the municipality 27 by its corporate authorities, or as it may determine by any 28 commission designated under subsection (k) of Section 29 11-74.4-4 shall adopt an ordinance or resolution fixing a 30 time and place for public hearing. At least 10 days prior to 31 the adoption of the ordinance or resolution establishing the 32 time and place for the public hearing, the municipality shall 33 make available for public inspection a redevelopment plan or HB4053 Engrossed -46- LRB9210197SMdvB 1 a separate report that provides in reasonable detail the 2 basis for the eligibility of the redevelopment project area. 3 The report along with the name of a person to contact for 4 further information shall be sent within a reasonable time 5 after the adoption of such ordinance or resolution to the 6 affected taxing districts by certified mail. On and after the 7 effective date of this amendatory Act of the 91st General 8 Assembly, the municipality shall print in a newspaper of 9 general circulation within the municipality a notice that 10 interested persons may register with the municipality in 11 order to receive information on the proposed designation of a 12 redevelopment project area or the approval of a redevelopment 13 plan. The notice shall state the place of registration and 14 the operating hours of that place. The municipality shall 15 have adopted reasonable rules to implement this registration 16 process under Section 11-74.4-4.2. The municipality shall 17 provide notice of the availability of the redevelopment plan 18 and eligibility report, including how to obtain this 19 information, by mail within a reasonable time after the 20 adoption of the ordinance or resolution, to all residential 21 addresses that, after a good faith effort, the municipality 22 determines are located outside the proposed redevelopment 23 project area and within 750 feet of the boundaries of the 24 proposed redevelopment project area. This requirement is 25 subject to the limitation that in a municipality with a 26 population of over 100,000, if the total number of 27 residential addresses outside the proposed redevelopment 28 project area and within 750 feet of the boundaries of the 29 proposed redevelopment project area exceeds 750, the 30 municipality shall be required to provide the notice to only 31 the 750 residential addresses that, after a good faith 32 effort, the municipality determines are outside the proposed 33 redevelopment project area and closest to the boundaries of 34 the proposed redevelopment project area. Notwithstanding the HB4053 Engrossed -47- LRB9210197SMdvB 1 foregoing, notice given after August 7, 2001 (the effective 2 date of Public Act 92-263) and before the effective date of 3 this amendatory Act of the 92nd General Assembly to 4 residential addresses within 750 feet of the boundaries of a 5 proposed redevelopment project area shall be deemed to have 6 been sufficiently given in compliance with this Act if given 7 only to residents outside the boundaries of the proposed 8 redevelopment project area. The notice shall also be provided 9 by the municipality, regardless of its population, to those 10 organizations and residents that have registered with the 11 municipality for that information in accordance with the 12 registration guidelines established by the municipality under 13 Section 11-74.4-4.2. 14 At the public hearing any interested person or affected 15 taxing district may file with the municipal clerk written 16 objections to and may be heard orally in respect to any 17 issues embodied in the notice. The municipality shall hear 18 all protests and objections at the hearing and the hearing 19 may be adjourned to another date without further notice other 20 than a motion to be entered upon the minutes fixing the time 21 and place of the subsequent hearing. At the public hearing 22 or at any time prior to the adoption by the municipality of 23 an ordinance approving a redevelopment plan, the municipality 24 may make changes in the redevelopment plan. Changes which 25 (1) add additional parcels of property to the proposed 26 redevelopment project area, (2) substantially affect the 27 general land uses proposed in the redevelopment plan, (3) 28 substantially change the nature of or extend the life of the 29 redevelopment project, or (4) increase the number of 30 inhabited residential unitslow or very low income households31 to be displaced from the redevelopment project area, as 32provided thatmeasured from the time of creation of the 33 redevelopment project area, to athetotal of more than 34displacement of the households will exceed10, shall be made HB4053 Engrossed -48- LRB9210197SMdvB 1 only after the municipality gives notice, convenes a joint 2 review board, and conducts a public hearing pursuant to the 3 procedures set forth in this Section and in Section 11-74.4-6 4 of this Act. Changes which do not (1) add additional parcels 5 of property to the proposed redevelopment project area, (2) 6 substantially affect the general land uses proposed in the 7 redevelopment plan, (3) substantially change the nature of or 8 extend the life of the redevelopment project, or (4) increase 9 the number of inhabited residential unitslow or very low10income householdsto be displaced from the redevelopment 11 project area, asprovided thatmeasured from the time of 12 creation of the redevelopment project area, to athetotal of 13 more thandisplacement of the households will exceed10, may 14 be made without further hearing, provided that the 15 municipality shall give notice of any such changes by mail to 16 each affected taxing district and registrant on the 17 interested parties registry, provided for under Section 18 11-74.4-4.2, and by publication in a newspaper of general 19 circulation within the affected taxing district. Such notice 20 by mail and by publication shall each occur not later than 10 21 days following the adoption by ordinance of such changes. 22 Hearings with regard to a redevelopment project area, project 23 or plan may be held simultaneously. 24 (b) Prior to holding a public hearing to approve or 25 amend a redevelopment plan or to designate or add additional 26 parcels of property to a redevelopment project area, the 27 municipality shall convene a joint review board. The board 28 shall consist of a representative selected by each community 29 college district, local elementary school district and high 30 school district or each local community unit school district, 31 park district, library district, township, fire protection 32 district, and county that will have the authority to directly 33 levy taxes on the property within the proposed redevelopment 34 project area at the time that the proposed redevelopment HB4053 Engrossed -49- LRB9210197SMdvB 1 project area is approved, a representative selected by the 2 municipality and a public member. The public member shall 3 first be selected and then the board's chairperson shall be 4 selected by a majority of the board members present and 5 voting. 6 For redevelopment project areas with redevelopment plans 7 or proposed redevelopment plans that would result in the 8 displacement of residents from 10 or more inhabited 9 residential units or that include 75 or more inhabited 10 residential units, the public member shall be a person who 11 resides in the redevelopment project area. If, as determined 12 by the housing impact study provided for in paragraph (5) of 13 subsection (n) of Section 11-74.4-3, or if no housing impact 14 study is required then based on other reasonable data, the 15 majority of residential units are occupied by very low, low, 16 or moderate income households, as defined in Section 3 of the 17 Illinois Affordable Housing Act, the public member shall be a 18 person who resides in very low, low, or moderate income 19 housing within the redevelopment project area. 20 Municipalities with fewer than 15,000 residents shall not be 21 required to select a person who lives in very low, low, or 22 moderate income housing within the redevelopment project 23 area, provided that the redevelopment plan or project will 24 not result in displacement of residents from 10 or more 25 inhabited units, and the municipality so certifies in the 26 plan. If no person satisfying these requirements is 27 available or if no qualified person will serve as the public 28 member, then the joint review board is relieved of this 29 paragraph's selection requirements for the public member. 30 Within 90 days of the effective date of this amendatory 31 Act of the 91st General Assembly, each municipality that 32 designated a redevelopment project area for which it was not 33 required to convene a joint review board under this Section 34 shall convene a joint review board to perform the duties HB4053 Engrossed -50- LRB9210197SMdvB 1 specified under paragraph (e) of this Section. 2 All board members shall be appointed and the first board 3 meeting shall be held at least 14 days but not more than 28 4 days after the mailing of notice by the municipality to the 5 taxing districts as required by Section 11-74.4-6(c). 6 Notwithstanding the preceding sentence, a municipality that 7 adopted either a public hearing resolution or a feasibility 8 resolution between July 1, 1999 and July 1, 2000 that called 9 for the meeting of the joint review board within 14 days of 10 notice of public hearing to affected taxing districts is 11 deemed to be in compliance with the notice, meeting, and 12 public hearing provisions of the Act. Such notice shall also 13 advise the taxing bodies represented on the joint review 14 board of the time and place of the first meeting of the 15 board. Additional meetings of the board shall be held upon 16 the call of any member. The municipality seeking designation 17 of the redevelopment project area shall provide 18 administrative support to the board. 19 The board shall review (i) the public record, planning 20 documents and proposed ordinances approving the redevelopment 21 plan and project and (ii) proposed amendments to the 22 redevelopment plan or additions of parcels of property to the 23 redevelopment project area to be adopted by the municipality. 24 As part of its deliberations, the board may hold additional 25 hearings on the proposal. A board's recommendation shall be 26 an advisory, non-binding recommendation. The recommendation 27 shall be adopted by a majority of those members present and 28 voting. The recommendations shall be submitted to the 29 municipality within 30 days after convening of the board. 30 Failure of the board to submit its report on a timely basis 31 shall not be cause to delay the public hearing or any other 32 step in the process of designating or amending the 33 redevelopment project area but shall be deemed to constitute 34 approval by the joint review board of the matters before it. HB4053 Engrossed -51- LRB9210197SMdvB 1 The board shall base its recommendation to approve or 2 disapprove the redevelopment plan and the designation of the 3 redevelopment project area or the amendment of the 4 redevelopment plan or addition of parcels of property to the 5 redevelopment project area on the basis of the redevelopment 6 project area and redevelopment plan satisfying the plan 7 requirements, the eligibility criteria defined in Section 8 11-74.4-3, and the objectives of this Act. 9 The board shall issue a written report describing why the 10 redevelopment plan and project area or the amendment thereof 11 meets or fails to meet one or more of the objectives of this 12 Act and both the plan requirements and the eligibility 13 criteria defined in Section 11-74.4-3. In the event the Board 14 does not file a report it shall be presumed that these taxing 15 bodies find the redevelopment project area and redevelopment 16 plan satisfy the objectives of this Act and the plan 17 requirements and eligibility criteria. 18 If the board recommends rejection of the matters before 19 it, the municipality will have 30 days within which to 20 resubmit the plan or amendment. During this period, the 21 municipality will meet and confer with the board and attempt 22 to resolve those issues set forth in the board's written 23 report that led to the rejection of the plan or amendment. 24 Notwithstanding the resubmission set forth above, the 25 municipality may commence the scheduled public hearing and 26 either adjourn the public hearing or continue the public 27 hearing until a date certain. Prior to continuing any public 28 hearing to a date certain, the municipality shall announce 29 during the public hearing the time, date, and location for 30 the reconvening of the public hearing. Any changes to the 31 redevelopment plan necessary to satisfy the issues set forth 32 in the joint review board report shall be the subject of a 33 public hearing before the hearing is adjourned if the changes 34 would (1) substantially affect the general land uses proposed HB4053 Engrossed -52- LRB9210197SMdvB 1 in the redevelopment plan, (2) substantially change the 2 nature of or extend the life of the redevelopment project, or 3 (3) increase the number of inhabited residential unitslow or4very low income householdsto be displaced from the 5 redevelopment project area, asprovided thatmeasured from 6 the time of creation of the redevelopment project area, to a 7thetotal of more thandisplacement of the households will8exceed10. Changes to the redevelopment plan necessary to 9 satisfy the issues set forth in the joint review board report 10 shall not require any further notice or convening of a joint 11 review board meeting, except that any changes to the 12 redevelopment plan that would add additional parcels of 13 property to the proposed redevelopment project area shall be 14 subject to the notice, public hearing, and joint review board 15 meeting requirements established for such changes by 16 subsection (a) of Section 11-74.4-5. 17 In the event that the municipality and the board are 18 unable to resolve these differences, or in the event that the 19 resubmitted plan or amendment is rejected by the board, the 20 municipality may proceed with the plan or amendment, but only 21 upon a three-fifths vote of the corporate authority 22 responsible for approval of the plan or amendment, excluding 23 positions of members that are vacant and those members that 24 are ineligible to vote because of conflicts of interest. 25 (c) After a municipality has by ordinance approved a 26 redevelopment plan and designated a redevelopment project 27 area, the plan may be amended and additional properties may 28 be added to the redevelopment project area only as herein 29 provided. Amendments which (1) add additional parcels of 30 property to the proposed redevelopment project area, (2) 31 substantially affect the general land uses proposed in the 32 redevelopment plan, (3) substantially change the nature of 33 the redevelopment project, (4) increase the total estimated 34 redevelopment project costs set out in the redevelopment plan HB4053 Engrossed -53- LRB9210197SMdvB 1 by more than 5% after adjustment for inflation from the date 2 the plan was adopted, (5) add additional redevelopment 3 project costs to the itemized list of redevelopment project 4 costs set out in the redevelopment plan, or (6) increase the 5 number of inhabited residential unitslow or very low income6householdsto be displaced from the redevelopment project 7 area, asprovided thatmeasured from the time of creation of 8 the redevelopment project area, to athetotal of more than 9displacement of the households will exceed10, shall be made 10 only after the municipality gives notice, convenes a joint 11 review board, and conducts a public hearing pursuant to the 12 procedures set forth in this Section and in Section 11-74.4-6 13 of this Act. Changes which do not (1) add additional parcels 14 of property to the proposed redevelopment project area, (2) 15 substantially affect the general land uses proposed in the 16 redevelopment plan, (3) substantially change the nature of 17 the redevelopment project, (4) increase the total estimated 18 redevelopment project cost set out in the redevelopment plan 19 by more than 5% after adjustment for inflation from the date 20 the plan was adopted, (5) add additional redevelopment 21 project costs to the itemized list of redevelopment project 22 costs set out in the redevelopment plan, or (6) increase the 23 number of inhabited residential unitslow or very low income24householdsto be displaced from the redevelopment project 25 area, asprovided thatmeasured from the time of creation of 26 the redevelopment project area, to athetotal of more than 27displacement of the households will exceed10, may be made 28 without further public hearing and related notices and 29 procedures including the convening of a joint review board as 30 set forth in Section 11-74.4-6 of this Act, provided that the 31 municipality shall give notice of any such changes by mail to 32 each affected taxing district and registrant on the 33 interested parties registry, provided for under Section 34 11-74.4-4.2, and by publication in a newspaper of general HB4053 Engrossed -54- LRB9210197SMdvB 1 circulation within the affected taxing district. Such notice 2 by mail and by publication shall each occur not later than 10 3 days following the adoption by ordinance of such changes. 4 (d) After the effective date of this amendatory Act of 5 the 91st General Assembly, a municipality shall submit the 6 following information for each redevelopment project area (i) 7 to the State Comptroller under Section 8-8-3.5 of the 8 Illinois Municipal Code and (ii) to all taxing districts 9 overlapping the redevelopment project area no later than 180 10 days after the close of each municipal fiscal year or as soon 11 thereafter as the audited financial statements become 12 available and, in any case, shall be submitted before the 13 annual meeting of the Joint Review Board to each of the 14 taxing districts that overlap the redevelopment project area: 15 (1) Any amendments to the redevelopment plan, the 16 redevelopment project area, or the State Sales Tax 17 Boundary. 18 (1.5) A list of the redevelopment project areas 19 administered by the municipality and, if applicable, the 20 date each redevelopment project area was designated or 21 terminated by the municipality. 22 (2) Audited financial statements of the special tax 23 allocation fund once a cumulative total of $100,000 has 24 been deposited in the fund. 25 (3) Certification of the Chief Executive Officer of 26 the municipality that the municipality has complied with 27 all of the requirements of this Act during the preceding 28 fiscal year. 29 (4) An opinion of legal counsel that the 30 municipality is in compliance with this Act. 31 (5) An analysis of the special tax allocation fund 32 which sets forth: 33 (A) the balance in the special tax allocation 34 fund at the beginning of the fiscal year; HB4053 Engrossed -55- LRB9210197SMdvB 1 (B) all amounts deposited in the special tax 2 allocation fund by source; 3 (C) an itemized list of all expenditures from 4 the special tax allocation fund by category of 5 permissible redevelopment project cost; and 6 (D) the balance in the special tax allocation 7 fund at the end of the fiscal year including a 8 breakdown of that balance by source and a breakdown 9 of that balance identifying any portion of the 10 balance that is required, pledged, earmarked, or 11 otherwise designated for payment of or securing of 12 obligations and anticipated redevelopment project 13 costs. Any portion of such ending balance that has 14 not been identified or is not identified as being 15 required, pledged, earmarked, or otherwise 16 designated for payment of or securing of obligations 17 or anticipated redevelopment projects costs shall be 18 designated as surplus as set forth in Section 19 11-74.4-7 hereof. 20 (6) A description of all property purchased by the 21 municipality within the redevelopment project area 22 including: 23 (A) Street address. 24 (B) Approximate size or description of 25 property. 26 (C) Purchase price. 27 (D) Seller of property. 28 (7) A statement setting forth all activities 29 undertaken in furtherance of the objectives of the 30 redevelopment plan, including: 31 (A) Any project implemented in the preceding 32 fiscal year. 33 (B) A description of the redevelopment 34 activities undertaken. HB4053 Engrossed -56- LRB9210197SMdvB 1 (C) A description of any agreements entered 2 into by the municipality with regard to the 3 disposition or redevelopment of any property within 4 the redevelopment project area or the area within 5 the State Sales Tax Boundary. 6 (D) Additional information on the use of all 7 funds received under this Division and steps taken 8 by the municipality to achieve the objectives of the 9 redevelopment plan. 10 (E) Information regarding contracts that the 11 municipality's tax increment advisors or consultants 12 have entered into with entities or persons that have 13 received, or are receiving, payments financed by tax 14 increment revenues produced by the same 15 redevelopment project area. 16 (F) Any reports submitted to the municipality 17 by the joint review board. 18 (G) A review of public and, to the extent 19 possible, private investment actually undertaken to 20 date after the effective date of this amendatory Act 21 of the 91st General Assembly and estimated to be 22 undertaken during the following year. This review 23 shall, on a project-by-project basis, set forth the 24 estimated amounts of public and private investment 25 incurred after the effective date of this amendatory 26 Act of the 91st General Assembly and provide the 27 ratio of private investment to public investment to 28 the date of the report and as estimated to the 29 completion of the redevelopment project. 30 (8) With regard to any obligations issued by the 31 municipality: 32 (A) copies of any official statements; and 33 (B) an analysis prepared by financial advisor 34 or underwriter setting forth: (i) nature and term of HB4053 Engrossed -57- LRB9210197SMdvB 1 obligation; and (ii) projected debt service 2 including required reserves and debt coverage. 3 (9) For special tax allocation funds that have 4 experienced cumulative deposits of incremental tax 5 revenues of $100,000 or more, a certified audit report 6 reviewing compliance with this Act performed by an 7 independent public accountant certified and licensed by 8 the authority of the State of Illinois. The financial 9 portion of the audit must be conducted in accordance with 10 Standards for Audits of Governmental Organizations, 11 Programs, Activities, and Functions adopted by the 12 Comptroller General of the United States (1981), as 13 amended, or the standards specified by Section 8-8-5 of 14 the Illinois Municipal Auditing Law of the Illinois 15 Municipal Code. The audit report shall contain a letter 16 from the independent certified public accountant 17 indicating compliance or noncompliance with the 18 requirements of subsection (q) of Section 11-74.4-3. For 19 redevelopment plans or projects that would result in the 20 displacement of residents from 10 or more inhabited 21 residential units or that contain 75 or more inhabited 22 residential units, notice of the availability of the 23 information, including how to obtain the report, required 24 in this subsection shall also be sent by mail to all 25 residents or organizations that operate in the 26 municipality that register with the municipality for that 27 information according to registration procedures adopted 28 under Section 11-74.4-4.2. All municipalities are 29 subject to this provision. 30 (d-1) Prior to the effective date of this amendatory Act 31 of the 91st General Assembly, municipalities with populations 32 of over 1,000,000 shall, after adoption of a redevelopment 33 plan or project, make available upon request to any taxing 34 district in which the redevelopment project area is located HB4053 Engrossed -58- LRB9210197SMdvB 1 the following information: 2 (1) Any amendments to the redevelopment plan, the 3 redevelopment project area, or the State Sales Tax 4 Boundary; and 5 (2) In connection with any redevelopment project 6 area for which the municipality has outstanding 7 obligations issued to provide for redevelopment project 8 costs pursuant to Section 11-74.4-7, audited financial 9 statements of the special tax allocation fund. 10 (e) The joint review board shall meet annually 180 days 11 after the close of the municipal fiscal year or as soon as 12 the redevelopment project audit for that fiscal year becomes 13 available to review the effectiveness and status of the 14 redevelopment project area up to that date. 15 (f) (Blank). 16 (g) In the event that a municipality has held a public 17 hearing under this Section prior to March 14, 1994 (the 18 effective date of Public Act 88-537), the requirements 19 imposed by Public Act 88-537 relating to the method of fixing 20 the time and place for public hearing, the materials and 21 information required to be made available for public 22 inspection, and the information required to be sent after 23 adoption of an ordinance or resolution fixing a time and 24 place for public hearing shall not be applicable. 25 (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99; 26 91-900, eff. 7-6-00; 92-263, eff. 8-7-01.) 27 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7) 28 Sec. 11-74.4-7. Obligations secured by the special tax 29 allocation fund set forth in Section 11-74.4-8 for the 30 redevelopment project area may be issued to provide for 31 redevelopment project costs. Such obligations, when so 32 issued, shall be retired in the manner provided in the 33 ordinance authorizing the issuance of such obligations by the HB4053 Engrossed -59- LRB9210197SMdvB 1 receipts of taxes levied as specified in Section 11-74.4-9 2 against the taxable property included in the area, by 3 revenues as specified by Section 11-74.4-8a and other revenue 4 designated by the municipality. A municipality may in the 5 ordinance pledge all or any part of the funds in and to be 6 deposited in the special tax allocation fund created pursuant 7 to Section 11-74.4-8 to the payment of the redevelopment 8 project costs and obligations. Any pledge of funds in the 9 special tax allocation fund shall provide for distribution to 10 the taxing districts and to the Illinois Department of 11 Revenue of moneys not required, pledged, earmarked, or 12 otherwise designated for payment and securing of the 13 obligations and anticipated redevelopment project costs and 14 such excess funds shall be calculated annually and deemed to 15 be "surplus" funds. In the event a municipality only applies 16 or pledges a portion of the funds in the special tax 17 allocation fund for the payment or securing of anticipated 18 redevelopment project costs or of obligations, any such funds 19 remaining in the special tax allocation fund after complying 20 with the requirements of the application or pledge, shall 21 also be calculated annually and deemed "surplus" funds. All 22 surplus funds in the special tax allocation fund shall be 23 distributed annually within 180 days after the close of the 24 municipality's fiscal year by being paid by the municipal 25 treasurer to the County Collector, to the Department of 26 Revenue and to the municipality in direct proportion to the 27 tax incremental revenue received as a result of an increase 28 in the equalized assessed value of property in the 29 redevelopment project area, tax incremental revenue received 30 from the State and tax incremental revenue received from the 31 municipality, but not to exceed as to each such source the 32 total incremental revenue received from that source. The 33 County Collector shall thereafter make distribution to the 34 respective taxing districts in the same manner and proportion HB4053 Engrossed -60- LRB9210197SMdvB 1 as the most recent distribution by the county collector to 2 the affected districts of real property taxes from real 3 property in the redevelopment project area. 4 Without limiting the foregoing in this Section, the 5 municipality may in addition to obligations secured by the 6 special tax allocation fund pledge for a period not greater 7 than the term of the obligations towards payment of such 8 obligations any part or any combination of the following: (a) 9 net revenues of all or part of any redevelopment project; (b) 10 taxes levied and collected on any or all property in the 11 municipality; (c) the full faith and credit of the 12 municipality; (d) a mortgage on part or all of the 13 redevelopment project; or (e) any other taxes or anticipated 14 receipts that the municipality may lawfully pledge. 15 Such obligations may be issued in one or more series 16 bearing interest at such rate or rates as the corporate 17 authorities of the municipality shall determine by ordinance. 18 Such obligations shall bear such date or dates, mature at 19 such time or times not exceeding 20 years from their 20 respective dates, be in such denomination, carry such 21 registration privileges, be executed in such manner, be 22 payable in such medium of payment at such place or places, 23 contain such covenants, terms and conditions, and be subject 24 to redemption as such ordinance shall provide. Obligations 25 issued pursuant to this Act may be sold at public or private 26 sale at such price as shall be determined by the corporate 27 authorities of the municipalities. No referendum approval of 28 the electors shall be required as a condition to the issuance 29 of obligations pursuant to this Division except as provided 30 in this Section. 31 In the event the municipality authorizes issuance of 32 obligations pursuant to the authority of this Division 33 secured by the full faith and credit of the municipality, 34 which obligations are other than obligations which may be HB4053 Engrossed -61- LRB9210197SMdvB 1 issued under home rule powers provided by Article VII, 2 Section 6 of the Illinois Constitution, or pledges taxes 3 pursuant to (b) or (c) of the second paragraph of this 4 section, the ordinance authorizing the issuance of such 5 obligations or pledging such taxes shall be published within 6 10 days after such ordinance has been passed in one or more 7 newspapers, with general circulation within such 8 municipality. The publication of the ordinance shall be 9 accompanied by a notice of (1) the specific number of voters 10 required to sign a petition requesting the question of the 11 issuance of such obligations or pledging taxes to be 12 submitted to the electors; (2) the time in which such 13 petition must be filed; and (3) the date of the prospective 14 referendum. The municipal clerk shall provide a petition 15 form to any individual requesting one. 16 If no petition is filed with the municipal clerk, as 17 hereinafter provided in this Section, within 30 days after 18 the publication of the ordinance, the ordinance shall be in 19 effect. But, if within that 30 day period a petition is 20 filed with the municipal clerk, signed by electors in the 21 municipality numbering 10% or more of the number of 22 registered voters in the municipality, asking that the 23 question of issuing obligations using full faith and credit 24 of the municipality as security for the cost of paying for 25 redevelopment project costs, or of pledging taxes for the 26 payment of such obligations, or both, be submitted to the 27 electors of the municipality, the corporate authorities of 28 the municipality shall call a special election in the manner 29 provided by law to vote upon that question, or, if a general, 30 State or municipal election is to be held within a period of 31 not less than 30 or more than 90 days from the date such 32 petition is filed, shall submit the question at the next 33 general, State or municipal election. If it appears upon the 34 canvass of the election by the corporate authorities that a HB4053 Engrossed -62- LRB9210197SMdvB 1 majority of electors voting upon the question voted in favor 2 thereof, the ordinance shall be in effect, but if a majority 3 of the electors voting upon the question are not in favor 4 thereof, the ordinance shall not take effect. 5 The ordinance authorizing the obligations may provide 6 that the obligations shall contain a recital that they are 7 issued pursuant to this Division, which recital shall be 8 conclusive evidence of their validity and of the regularity 9 of their issuance. 10 In the event the municipality authorizes issuance of 11 obligations pursuant to this Section secured by the full 12 faith and credit of the municipality, the ordinance 13 authorizing the obligations may provide for the levy and 14 collection of a direct annual tax upon all taxable property 15 within the municipality sufficient to pay the principal 16 thereof and interest thereon as it matures, which levy may be 17 in addition to and exclusive of the maximum of all other 18 taxes authorized to be levied by the municipality, which 19 levy, however, shall be abated to the extent that monies from 20 other sources are available for payment of the obligations 21 and the municipality certifies the amount of said monies 22 available to the county clerk. 23 A certified copy of such ordinance shall be filed with 24 the county clerk of each county in which any portion of the 25 municipality is situated, and shall constitute the authority 26 for the extension and collection of the taxes to be deposited 27 in the special tax allocation fund. 28 A municipality may also issue its obligations to refund 29 in whole or in part, obligations theretofore issued by such 30 municipality under the authority of this Act, whether at or 31 prior to maturity, provided however, that the last maturity 32 of the refunding obligations shall not be expressed to mature 33 later than December 31 of the year in which the payment to 34 the municipal treasurer as provided in subsection (b) of HB4053 Engrossed -63- LRB9210197SMdvB 1 Section 11-74.4-8 of this Act is to be made with respect to 2 ad valorem taxes levied in the twenty-third calendar year 3 after the year in which the ordinance approving the 4 redevelopment project area is adopted if the ordinance was 5 adopted on or after January 15, 1981, and not later than 6 December 31 of the year in which the payment to the municipal 7 treasurer as provided in subsection (b) of Section 11-74.4-8 8 of this Act is to be made with respect to ad valorem taxes 9 levied in the thirty-fifth calendar year after the year in 10 which the ordinance approving the redevelopment project area 11 is adopted (A) if the ordinance was adopted before January 12 15, 1981, or (B) if the ordinance was adopted in December 13 1983, April 1984, July 1985, or December 1989, or (C) if the 14 ordinance was adopted in December, 1987 and the redevelopment 15 project is located within one mile of Midway Airport, or (D) 16 if the ordinance was adopted before January 1, 1987 by a 17 municipality in Mason County, or (E) if the municipality is 18 subject to the Local Government Financial Planning and 19 Supervision Act or the Financially Distressed City Law, or 20 (F) if the ordinance was adopted in December 1984 by the 21 Village of Rosemont, or (G) if the ordinance was adopted on 22 December 31, 1986 by a municipality located in Clinton County 23 for which at least $250,000 of tax increment bonds were 24 authorized on June 17, 1997, or if the ordinance was adopted 25 on December 31, 1986 by a municipality with a population in 26 1990 of less than 3,600 that is located in a county with a 27 population in 1990 of less than 34,000 and for which at least 28 $250,000 of tax increment bonds were authorized on June 17, 29 1997, or (H) if the ordinance was adopted on October 5, 1982 30 by the City of Kankakee, or (I) if the ordinance was adopted 31 on December 29, 1986 by East St. Louis, or if the ordinance 32 was adopted on November 12, 1991 by the Village of Sauget, or 33 (J) if the ordinance was adopted on February 11, 1985 by the 34 City of Rock Island, or (K) if the ordinance was adopted HB4053 Engrossed -64- LRB9210197SMdvB 1 before December 18, 1986 by the City of Moline, or (L) if the 2 ordinance was adopted in September 1988 by Sauk Village, or 3 (M) if the ordinance was adopted in October 1993 by Sauk 4 Village, or (N) if the ordinance was adopted on December 29, 5 1986 by the City of Galva, or (O) if the ordinance was 6 adopted in March 1991 by the City of Centreville, or (P)(L)7 if the ordinance was adopted on January 23, 1991 by the City 8 of East St. Louis, or (Q) if the ordinance was adopted on 9 December 22, 1986 by the City of Aledo, or (R) if the 10 ordinance was adopted on February 5, 1990 by the City of 11 Clinton, or (S) if the ordinance was adopted on September 6, 12 1994 by the City of Freeport, or (T) if the ordinance was 13 adopted on December 22, 1986 by the City of Tuscola, or (U) 14 if the ordinance was adopted on December 23, 1986 by the City 15 of Sparta, or (V) if the ordinance was adopted on December 16 23, 1986 by the City of Beardstown, or (W) if the ordinance 17 was adopted on April 27, 1981, October 21, 1985, or December 18 30, 1986 by the City of Belleville and, for redevelopment 19 project areas for which bonds were issued before July 29, 20 1991, in connection with a redevelopment project in the area 21 within the State Sales Tax Boundary and which were extended 22 by municipal ordinance under subsection (n) of Section 23 11-74.4-3, the last maturity of the refunding obligations 24 shall not be expressed to mature later than the date on which 25 the redevelopment project area is terminated or December 31, 26 2013, whichever date occurs first. 27 In the event a municipality issues obligations under home 28 rule powers or other legislative authority the proceeds of 29 which are pledged to pay for redevelopment project costs, the 30 municipality may, if it has followed the procedures in 31 conformance with this division, retire said obligations from 32 funds in the special tax allocation fund in amounts and in 33 such manner as if such obligations had been issued pursuant 34 to the provisions of this division. HB4053 Engrossed -65- LRB9210197SMdvB 1 All obligations heretofore or hereafter issued pursuant 2 to this Act shall not be regarded as indebtedness of the 3 municipality issuing such obligations or any other taxing 4 district for the purpose of any limitation imposed by law. 5 (Source: P.A. 91-261, eff. 7-23-99; 91-477, eff. 8-11-99; 6 91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff. 7 6-9-00; 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; revised 8 10-10-01.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.