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92_SB1117enr SB1117 Enrolled SDS/92Abill0010/ARhs 1 AN ACT concerning taxation. 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 and 11-74.4-7 as follows: 6 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) 7 Sec. 11-74.4-3. Definitions. The following terms, 8 wherever used or referred to in this Division 74.4 shall have 9 the following respective meanings, unless in any case a 10 different meaning clearly appears from the context. 11 (a) For any redevelopment project area that has been 12 designated pursuant to this Section by an ordinance adopted 13 prior to November 1, 1999 (the effective date of Public Act 14 91-478), "blighted area" shall have the meaning set forth in 15 this Section prior to that date. 16 On and after November 1, 1999, "blighted area" means any 17 improved or vacant area within the boundaries of a 18 redevelopment project area located within the territorial 19 limits of the municipality where: 20 (1) If improved, industrial, commercial, and 21 residential buildings or improvements are detrimental to 22 the public safety, health, or welfare because of a 23 combination of 5 or more of the following factors, each 24 of which is (i) present, with that presence documented, 25 to a meaningful extent so that a municipality may 26 reasonably find that the factor is clearly present within 27 the intent of the Act and (ii) reasonably distributed 28 throughout the improved part of the redevelopment project 29 area: 30 (A) Dilapidation. An advanced state of SB1117 Enrolled -2- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -3- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -4- SDS/92Abill0010/ARhs 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. SB1117 Enrolled -5- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -6- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -7- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -8- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -9- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -10- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -11- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -12- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -13- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -14- SDS/92Abill0010/ARhs 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, SB1117 Enrolled -15- SDS/92Abill0010/ARhs 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 SB1117 Enrolled -16- SDS/92Abill0010/ARhs 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 or the date on which the bonds are retired or the contracts 25 are completed, whichever date occurs first. Refunding of any 26 bonds issued prior to July 29, 1991, shall not alter the Net 27 State Sales Tax Increment. 28 (j) "State Utility Tax Increment Amount" means an amount 29 equal to the aggregate increase in State electric and gas tax 30 charges imposed on owners and tenants, other than residential 31 customers, of properties located within the redevelopment 32 project area under Section 9-222 of the Public Utilities Act, 33 over and above the aggregate of such charges as certified by 34 the Department of Revenue and paid by owners and tenants, SB1117 Enrolled -17- SDS/92Abill0010/ARhs 1 other than residential customers, of properties within the 2 redevelopment project area during the base year, which shall 3 be the calendar year immediately prior to the year of the 4 adoption of the ordinance authorizing tax increment 5 allocation financing. 6 (k) "Net State Utility Tax Increment" means the sum of 7 the following: (a) 80% of the first $100,000 of State Utility 8 Tax Increment annually generated by a redevelopment project 9 area; (b) 60% of the amount in excess of $100,000 but not 10 exceeding $500,000 of the State Utility Tax Increment 11 annually generated by a redevelopment project area; and (c) 12 40% of all amounts in excess of $500,000 of State Utility Tax 13 Increment annually generated by a redevelopment project area. 14 For the State Fiscal Year 1999, and every year thereafter 15 until the year 2007, for any municipality that has not 16 entered into a contract or has not issued bonds prior to June 17 1, 1988 to finance redevelopment project costs within a 18 redevelopment project area, the Net State Utility Tax 19 Increment shall be calculated as follows: By multiplying the 20 Net State Utility Tax Increment by 90% in the State Fiscal 21 Year 1999; 80% in the State Fiscal Year 2000; 70% in the 22 State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 23 50% in the State Fiscal Year 2003; 40% in the State Fiscal 24 Year 2004; 30% in the State Fiscal Year 2005; 20% in the 25 State Fiscal Year 2006; and 10% in the State Fiscal Year 26 2007. No payment shall be made for the State Fiscal Year 2008 27 and thereafter. 28 Municipalities that issue bonds in connection with the 29 redevelopment project during the period from June 1, 1988 30 until 3 years after the effective date of this Amendatory Act 31 of 1988 shall receive the Net State Utility Tax Increment, 32 subject to appropriation, for 15 State Fiscal Years after the 33 issuance of such bonds. For the 16th through the 20th State 34 Fiscal Years after issuance of the bonds, the Net State SB1117 Enrolled -18- SDS/92Abill0010/ARhs 1 Utility Tax Increment shall be calculated as follows: By 2 multiplying the Net State Utility Tax Increment by 90% in 3 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 4 50% in year 20. Refunding of any bonds issued prior to June 5 1, 1988, shall not alter the revised Net State Utility Tax 6 Increment payments set forth above. 7 (l) "Obligations" mean bonds, loans, debentures, notes, 8 special certificates or other evidence of indebtedness issued 9 by the municipality to carry out a redevelopment project or 10 to refund outstanding obligations. 11 (m) "Payment in lieu of taxes" means those estimated tax 12 revenues from real property in a redevelopment project area 13 derived from real property that has been acquired by a 14 municipality which according to the redevelopment project or 15 plan is to be used for a private use which taxing districts 16 would have received had a municipality not acquired the real 17 property and adopted tax increment allocation financing and 18 which would result from levies made after the time of the 19 adoption of tax increment allocation financing to the time 20 the current equalized value of real property in the 21 redevelopment project area exceeds the total initial 22 equalized value of real property in said area. 23 (n) "Redevelopment plan" means the comprehensive program 24 of the municipality for development or redevelopment intended 25 by the payment of redevelopment project costs to reduce or 26 eliminate those conditions the existence of which qualified 27 the redevelopment project area as a "blighted area" or 28 "conservation area" or combination thereof or "industrial 29 park conservation area," and thereby to enhance the tax bases 30 of the taxing districts which extend into the redevelopment 31 project area. On and after November 1, 1999 (the effective 32 date of Public Act 91-478), no redevelopment plan may be 33 approved or amended that includes the development of vacant 34 land (i) with a golf course and related clubhouse and other SB1117 Enrolled -19- SDS/92Abill0010/ARhs 1 facilities or (ii) designated by federal, State, county, or 2 municipal government as public land for outdoor recreational 3 activities or for nature preserves and used for that purpose 4 within 5 years prior to the adoption of the redevelopment 5 plan. For the purpose of this subsection, "recreational 6 activities" is limited to mean camping and hunting. Each 7 redevelopment plan shall set forth in writing the program to 8 be undertaken to accomplish the objectives and shall include 9 but not be limited to: 10 (A) an itemized list of estimated redevelopment 11 project costs; 12 (B) evidence indicating that the redevelopment 13 project area on the whole has not been subject to growth 14 and development through investment by private enterprise; 15 (C) an assessment of any financial impact of the 16 redevelopment project area on or any increased demand for 17 services from any taxing district affected by the plan 18 and any program to address such financial impact or 19 increased demand; 20 (D) the sources of funds to pay costs; 21 (E) the nature and term of the obligations to be 22 issued; 23 (F) the most recent equalized assessed valuation of 24 the redevelopment project area; 25 (G) an estimate as to the equalized assessed 26 valuation after redevelopment and the general land uses 27 to apply in the redevelopment project area; 28 (H) a commitment to fair employment practices and 29 an affirmative action plan; 30 (I) if it concerns an industrial park conservation 31 area, the plan shall also include a general description 32 of any proposed developer, user and tenant of any 33 property, a description of the type, structure and 34 general character of the facilities to be developed, a SB1117 Enrolled -20- SDS/92Abill0010/ARhs 1 description of the type, class and number of new 2 employees to be employed in the operation of the 3 facilities to be developed; and 4 (J) if property is to be annexed to the 5 municipality, the plan shall include the terms of the 6 annexation agreement. 7 The provisions of items (B) and (C) of this subsection 8 (n) shall not apply to a municipality that before March 14, 9 1994 (the effective date of Public Act 88-537) had fixed, 10 either by its corporate authorities or by a commission 11 designated under subsection (k) of Section 11-74.4-4, a time 12 and place for a public hearing as required by subsection (a) 13 of Section 11-74.4-5. No redevelopment plan shall be adopted 14 unless a municipality complies with all of the following 15 requirements: 16 (1) The municipality finds that the redevelopment 17 project area on the whole has not been subject to growth 18 and development through investment by private enterprise 19 and would not reasonably be anticipated to be developed 20 without the adoption of the redevelopment plan. 21 (2) The municipality finds that the redevelopment 22 plan and project conform to the comprehensive plan for 23 the development of the municipality as a whole, or, for 24 municipalities with a population of 100,000 or more, 25 regardless of when the redevelopment plan and project was 26 adopted, the redevelopment plan and project either: (i) 27 conforms to the strategic economic development or 28 redevelopment plan issued by the designated planning 29 authority of the municipality, or (ii) includes land uses 30 that have been approved by the planning commission of the 31 municipality. 32 (3) The redevelopment plan establishes the 33 estimated dates of completion of the redevelopment 34 project and retirement of obligations issued to finance SB1117 Enrolled -21- SDS/92Abill0010/ARhs 1 redevelopment project costs. Those dates shall not be 2 later than December 31 of the year in which the payment 3 to the municipal treasurer as provided in subsection (b) 4 of Section 11-74.4-8 of this Act is to be made with 5 respect to ad valorem taxes levied in the twenty-third 6 calendar year after the year in which the ordinance 7 approving the redevelopment project area is adopted if 8 the ordinance was adopted on or after January 15, 1981, 9 and not later than December 31 of the year in which the 10 payment to the municipal treasurer as provided in 11 subsection (b) of Section 11-74.4-8 of this Act is to be 12 made with respect to ad valorem taxes levied in the 13 thirty-fifth calendar year after the year in which the 14 ordinance approving the redevelopment project area is 15 adopted: 16 (A) if the ordinance was adopted before 17 January 15, 1981, or 18 (B) if the ordinance was adopted in December 19 1983, April 1984, July 1985, or December 1989, or 20 (C) if the ordinance was adopted in December 21 1987 and the redevelopment project is located within 22 one mile of Midway Airport, or 23 (D) if the ordinance was adopted before 24 January 1, 1987 by a municipality in Mason County, 25 or 26 (E) if the municipality is subject to the 27 Local Government Financial Planning and Supervision 28 Act or the Financially Distressed City Law, or 29 (F) if the ordinance was adopted in December 30 1984 by the Village of Rosemont, or 31 (G) if the ordinance was adopted on December 32 31, 1986 by a municipality located in Clinton County 33 for which at least $250,000 of tax increment bonds 34 were authorized on June 17, 1997, or if the SB1117 Enrolled -22- SDS/92Abill0010/ARhs 1 ordinance was adopted on December 31, 1986 by a 2 municipality with a population in 1990 of less than 3 3,600 that is located in a county with a population 4 in 1990 of less than 34,000 and for which at least 5 $250,000 of tax increment bonds were authorized on 6 June 17, 1997, or 7 (H) if the ordinance was adopted on October 5, 8 1982 by the City of Kankakee, or if the ordinance 9 was adopted on December 29, 1986 by East St. Louis, 10 or 11 (I) if the ordinance was adopted on November 12 12, 1991 by the Village of Sauget, or 13 (J) if the ordinance was adopted on February 14 11, 1985 by the City of Rock Island, or 15 (K) if the ordinance was adopted before 16 December 18, 1986 by the City of Moline, or 17 (L) if the ordinance was adopted on January 23, 18 1991 by the City of East St. Louis. 19 However, for redevelopment project areas for which 20 bonds were issued before July 29, 1991, or for which 21 contracts were entered into before June 1, 1988, in 22 connection with a redevelopment project in the area 23 within the State Sales Tax Boundary, the estimated dates 24 of completion of the redevelopment project and retirement 25 of obligations to finance redevelopment project costs may 26 be extended by municipal ordinance to December 31, 2013. 27 The extension allowed by this amendatory Act of 1993 28 shall not apply to real property tax increment allocation 29 financing under Section 11-74.4-8. 30 A municipality may by municipal ordinance amend an 31 existing redevelopment plan to conform to this paragraph 32 (3) as amended by Public Act 91-478, which municipal 33 ordinance may be adopted without further hearing or 34 notice and without complying with the procedures provided SB1117 Enrolled -23- SDS/92Abill0010/ARhs 1 in this Act pertaining to an amendment to or the initial 2 approval of a redevelopment plan and project and 3 designation of a redevelopment project area. 4 Those dates, for purposes of real property tax 5 increment allocation financing pursuant to Section 6 11-74.4-8 only, shall be not more than 35 years for 7 redevelopment project areas that were adopted on or after 8 December 16, 1986 and for which at least $8 million worth 9 of municipal bonds were authorized on or after December 10 19, 1989 but before January 1, 1990; provided that the 11 municipality elects to extend the life of the 12 redevelopment project area to 35 years by the adoption of 13 an ordinance after at least 14 but not more than 30 days' 14 written notice to the taxing bodies, that would otherwise 15 constitute the joint review board for the redevelopment 16 project area, before the adoption of the ordinance. 17 Those dates, for purposes of real property tax 18 increment allocation financing pursuant to Section 19 11-74.4-8 only, shall be not more than 35 years for 20 redevelopment project areas that were established on or 21 after December 1, 1981 but before January 1, 1982 and for 22 which at least $1,500,000 worth of tax increment revenue 23 bonds were authorized on or after September 30, 1990 but 24 before July 1, 1991; provided that the municipality 25 elects to extend the life of the redevelopment project 26 area to 35 years by the adoption of an ordinance after at 27 least 14 but not more than 30 days' written notice to the 28 taxing bodies, that would otherwise constitute the joint 29 review board for the redevelopment project area, before 30 the adoption of the ordinance. 31 (3.5) The municipality finds, in the case of an 32 industrial park conservation area, also that the 33 municipality is a labor surplus municipality and that the 34 implementation of the redevelopment plan will reduce SB1117 Enrolled -24- SDS/92Abill0010/ARhs 1 unemployment, create new jobs and by the provision of new 2 facilities enhance the tax base of the taxing districts 3 that extend into the redevelopment project area. 4 (4) If any incremental revenues are being utilized 5 under Section 8(a)(1) or 8(a)(2) of this Act in 6 redevelopment project areas approved by ordinance after 7 January 1, 1986, the municipality finds: (a) that the 8 redevelopment project area would not reasonably be 9 developed without the use of such incremental revenues, 10 and (b) that such incremental revenues will be 11 exclusively utilized for the development of the 12 redevelopment project area. 13 (5) On and after November 1, 1999, if the 14 redevelopment plan will not result in displacement of 15 residents from inhabited units, and the municipality 16 certifies in the plan that displacement will not result 17 from the plan, a housing impact study need not be 18 performed. If, however, the redevelopment plan would 19 result in the displacement of residents from 10 or more 20 inhabited residential units, or if the redevelopment 21 project area contains 75 or more inhabited residential 22 units and no certification is made, then the municipality 23 shall prepare, as part of the separate feasibility report 24 required by subsection (a) of Section 11-74.4-5, a 25 housing impact study. 26 Part I of the housing impact study shall include (i) 27 data as to whether the residential units are single 28 family or multi-family units, (ii) the number and type of 29 rooms within the units, if that information is available, 30 (iii) whether the units are inhabited or uninhabited, as 31 determined not less than 45 days before the date that the 32 ordinance or resolution required by subsection (a) of 33 Section 11-74.4-5 is passed, and (iv) data as to the 34 racial and ethnic composition of the residents in the SB1117 Enrolled -25- SDS/92Abill0010/ARhs 1 inhabited residential units. The data requirement as to 2 the racial and ethnic composition of the residents in the 3 inhabited residential units shall be deemed to be fully 4 satisfied by data from the most recent federal census. 5 Part II of the housing impact study shall identify 6 the inhabited residential units in the proposed 7 redevelopment project area that are to be or may be 8 removed. If inhabited residential units are to be 9 removed, then the housing impact study shall identify (i) 10 the number and location of those units that will or may 11 be removed, (ii) the municipality's plans for relocation 12 assistance for those residents in the proposed 13 redevelopment project area whose residences are to be 14 removed, (iii) the availability of replacement housing 15 for those residents whose residences are to be removed, 16 and shall identify the type, location, and cost of the 17 housing, and (iv) the type and extent of relocation 18 assistance to be provided. 19 (6) On and after November 1, 1999, the housing 20 impact study required by paragraph (5) shall be 21 incorporated in the redevelopment plan for the 22 redevelopment project area. 23 (7) On and after November 1, 1999, no redevelopment 24 plan shall be adopted, nor an existing plan amended, nor 25 shall residential housing that is occupied by households 26 of low-income and very low-income persons in currently 27 existing redevelopment project areas be removed after 28 November 1, 1999 unless the redevelopment plan provides, 29 with respect to inhabited housing units that are to be 30 removed for households of low-income and very low-income 31 persons, affordable housing and relocation assistance not 32 less than that which would be provided under the federal 33 Uniform Relocation Assistance and Real Property 34 Acquisition Policies Act of 1970 and the regulations SB1117 Enrolled -26- SDS/92Abill0010/ARhs 1 under that Act, including the eligibility criteria. 2 Affordable housing may be either existing or newly 3 constructed housing. For purposes of this paragraph (7), 4 "low-income households", "very low-income households", 5 and "affordable housing" have the meanings set forth in 6 the Illinois Affordable Housing Act. The municipality 7 shall make a good faith effort to ensure that this 8 affordable housing is located in or near the 9 redevelopment project area within the municipality. 10 (8) On and after November 1, 1999, if, after the 11 adoption of the redevelopment plan for the redevelopment 12 project area, any municipality desires to amend its 13 redevelopment plan to remove more inhabited residential 14 units than specified in its original redevelopment plan, 15 that increase in the number of units to be removed shall 16 be deemed to be a change in the nature of the 17 redevelopment plan as to require compliance with the 18 procedures in this Act pertaining to the initial approval 19 of a redevelopment plan. 20 (o) "Redevelopment project" means any public and private 21 development project in furtherance of the objectives of a 22 redevelopment plan. On and after November 1, 1999 (the 23 effective date of Public Act 91-478), no redevelopment plan 24 may be approved or amended that includes the development of 25 vacant land (i) with a golf course and related clubhouse and 26 other facilities or (ii) designated by federal, State, 27 county, or municipal government as public land for outdoor 28 recreational activities or for nature preserves and used for 29 that purpose within 5 years prior to the adoption of the 30 redevelopment plan. For the purpose of this subsection, 31 "recreational activities" is limited to mean camping and 32 hunting. 33 (p) "Redevelopment project area" means an area 34 designated by the municipality, which is not less in the SB1117 Enrolled -27- SDS/92Abill0010/ARhs 1 aggregate than 1 1/2 acres and in respect to which the 2 municipality has made a finding that there exist conditions 3 which cause the area to be classified as an industrial park 4 conservation area or a blighted area or a conservation area, 5 or a combination of both blighted areas and conservation 6 areas. 7 (q) "Redevelopment project costs" mean and include the 8 sum total of all reasonable or necessary costs incurred or 9 estimated to be incurred, and any such costs incidental to a 10 redevelopment plan and a redevelopment project. Such costs 11 include, without limitation, the following: 12 (1) Costs of studies, surveys, development of 13 plans, and specifications, implementation and 14 administration of the redevelopment plan including but 15 not limited to staff and professional service costs for 16 architectural, engineering, legal, financial, planning or 17 other services, provided however that no charges for 18 professional services may be based on a percentage of the 19 tax increment collected; except that on and after 20 November 1, 1999 (the effective date of Public Act 21 91-478), no contracts for professional services, 22 excluding architectural and engineering services, may be 23 entered into if the terms of the contract extend beyond a 24 period of 3 years. In addition, "redevelopment project 25 costs" shall not include lobbying expenses. After 26 consultation with the municipality, each tax increment 27 consultant or advisor to a municipality that plans to 28 designate or has designated a redevelopment project area 29 shall inform the municipality in writing of any contracts 30 that the consultant or advisor has entered into with 31 entities or individuals that have received, or are 32 receiving, payments financed by tax increment revenues 33 produced by the redevelopment project area with respect 34 to which the consultant or advisor has performed, or will SB1117 Enrolled -28- SDS/92Abill0010/ARhs 1 be performing, service for the municipality. This 2 requirement shall be satisfied by the consultant or 3 advisor before the commencement of services for the 4 municipality and thereafter whenever any other contracts 5 with those individuals or entities are executed by the 6 consultant or advisor; 7 (1.5) After July 1, 1999, annual administrative 8 costs shall not include general overhead or 9 administrative costs of the municipality that would still 10 have been incurred by the municipality if the 11 municipality had not designated a redevelopment project 12 area or approved a redevelopment plan; 13 (1.6) The cost of marketing sites within the 14 redevelopment project area to prospective businesses, 15 developers, and investors; 16 (2) Property assembly costs, including but not 17 limited to acquisition of land and other property, real 18 or personal, or rights or interests therein, demolition 19 of buildings, site preparation, site improvements that 20 serve as an engineered barrier addressing ground level or 21 below ground environmental contamination, including, but 22 not limited to parking lots and other concrete or asphalt 23 barriers, and the clearing and grading of land; 24 (3) Costs of rehabilitation, reconstruction or 25 repair or remodeling of existing public or private 26 buildings, fixtures, and leasehold improvements; and the 27 cost of replacing an existing public building if pursuant 28 to the implementation of a redevelopment project the 29 existing public building is to be demolished to use the 30 site for private investment or devoted to a different use 31 requiring private investment; 32 (4) Costs of the construction of public works or 33 improvements, except that on and after November 1, 1999, 34 redevelopment project costs shall not include the cost of SB1117 Enrolled -29- SDS/92Abill0010/ARhs 1 constructing a new municipal public building principally 2 used to provide offices, storage space, or conference 3 facilities or vehicle storage, maintenance, or repair for 4 administrative, public safety, or public works personnel 5 and that is not intended to replace an existing public 6 building as provided under paragraph (3) of subsection 7 (q) of Section 11-74.4-3 unless either (i) the 8 construction of the new municipal building implements a 9 redevelopment project that was included in a 10 redevelopment plan that was adopted by the municipality 11 prior to November 1, 1999 or (ii) the municipality makes 12 a reasonable determination in the redevelopment plan, 13 supported by information that provides the basis for that 14 determination, that the new municipal building is 15 required to meet an increase in the need for public 16 safety purposes anticipated to result from the 17 implementation of the redevelopment plan; 18 (5) Costs of job training and retraining projects, 19 including the cost of "welfare to work" programs 20 implemented by businesses located within the 21 redevelopment project area; 22 (6) Financing costs, including but not limited to 23 all necessary and incidental expenses related to the 24 issuance of obligations and which may include payment of 25 interest on any obligations issued hereunder including 26 interest accruing during the estimated period of 27 construction of any redevelopment project for which such 28 obligations are issued and for not exceeding 36 months 29 thereafter and including reasonable reserves related 30 thereto; 31 (7) To the extent the municipality by written 32 agreement accepts and approves the same, all or a portion 33 of a taxing district's capital costs resulting from the 34 redevelopment project necessarily incurred or to be SB1117 Enrolled -30- SDS/92Abill0010/ARhs 1 incurred within a taxing district in furtherance of the 2 objectives of the redevelopment plan and project. 3 (7.5) For redevelopment project areas designated 4 (or redevelopment project areas amended to add or 5 increase the number of tax-increment-financing assisted 6 housing units) on or after November 1, 1999, an 7 elementary, secondary, or unit school district's 8 increased costs attributable to assisted housing units 9 located within the redevelopment project area for which 10 the developer or redeveloper receives financial 11 assistance through an agreement with the municipality or 12 because the municipality incurs the cost of necessary 13 infrastructure improvements within the boundaries of the 14 assisted housing sites necessary for the completion of 15 that housing as authorized by this Act, and which costs 16 shall be paid by the municipality from the Special Tax 17 Allocation Fund when the tax increment revenue is 18 received as a result of the assisted housing units and 19 shall be calculated annually as follows: 20 (A) for foundation districts, excluding any 21 school district in a municipality with a population 22 in excess of 1,000,000, by multiplying the 23 district's increase in attendance resulting from the 24 net increase in new students enrolled in that school 25 district who reside in housing units within the 26 redevelopment project area that have received 27 financial assistance through an agreement with the 28 municipality or because the municipality incurs the 29 cost of necessary infrastructure improvements within 30 the boundaries of the housing sites necessary for 31 the completion of that housing as authorized by this 32 Act since the designation of the redevelopment 33 project area by the most recently available per 34 capita tuition cost as defined in Section 10-20.12a SB1117 Enrolled -31- SDS/92Abill0010/ARhs 1 of the School Code less any increase in general 2 State aid as defined in Section 18-8.05 of the 3 School Code attributable to these added new students 4 subject to the following annual limitations: 5 (i) for unit school districts with a 6 district average 1995-96 Per Capita Tuition 7 Charge of less than $5,900, no more than 25% of 8 the total amount of property tax increment 9 revenue produced by those housing units that 10 have received tax increment finance assistance 11 under this Act; 12 (ii) for elementary school districts with 13 a district average 1995-96 Per Capita Tuition 14 Charge of less than $5,900, no more than 17% of 15 the total amount of property tax increment 16 revenue produced by those housing units that 17 have received tax increment finance assistance 18 under this Act; and 19 (iii) for secondary school districts with 20 a district average 1995-96 Per Capita Tuition 21 Charge of less than $5,900, no more than 8% of 22 the total amount of property tax increment 23 revenue produced by those housing units that 24 have received tax increment finance assistance 25 under this Act. 26 (B) For alternate method districts, flat grant 27 districts, and foundation districts with a district 28 average 1995-96 Per Capita Tuition Charge equal to 29 or more than $5,900, excluding any school district 30 with a population in excess of 1,000,000, by 31 multiplying the district's increase in attendance 32 resulting from the net increase in new students 33 enrolled in that school district who reside in 34 housing units within the redevelopment project area SB1117 Enrolled -32- SDS/92Abill0010/ARhs 1 that have received financial assistance through an 2 agreement with the municipality or because the 3 municipality incurs the cost of necessary 4 infrastructure improvements within the boundaries of 5 the housing sites necessary for the completion of 6 that housing as authorized by this Act since the 7 designation of the redevelopment project area by the 8 most recently available per capita tuition cost as 9 defined in Section 10-20.12a of the School Code less 10 any increase in general state aid as defined in 11 Section 18-8.05 of the School Code attributable to 12 these added new students subject to the following 13 annual limitations: 14 (i) for unit school districts, no more 15 than 40% of the total amount of property tax 16 increment revenue produced by those housing 17 units that have received tax increment finance 18 assistance under this Act; 19 (ii) for elementary school districts, no 20 more than 27% of the total amount of property 21 tax increment revenue produced by those housing 22 units that have received tax increment finance 23 assistance under this Act; and 24 (iii) for secondary school districts, no 25 more than 13% of the total amount of property 26 tax increment revenue produced by those housing 27 units that have received tax increment finance 28 assistance under this Act. 29 (C) For any school district in a municipality 30 with a population in excess of 1,000,000, the 31 following restrictions shall apply to the 32 reimbursement of increased costs under this 33 paragraph (7.5): 34 (i) no increased costs shall be SB1117 Enrolled -33- SDS/92Abill0010/ARhs 1 reimbursed unless the school district certifies 2 that each of the schools affected by the 3 assisted housing project is at or over its 4 student capacity; 5 (ii) the amount reimburseable shall be 6 reduced by the value of any land donated to the 7 school district by the municipality or 8 developer, and by the value of any physical 9 improvements made to the schools by the 10 municipality or developer; and 11 (iii) the amount reimbursed may not 12 affect amounts otherwise obligated by the terms 13 of any bonds, notes, or other funding 14 instruments, or the terms of any redevelopment 15 agreement. 16 Any school district seeking payment under this 17 paragraph (7.5) shall, after July 1 and before 18 September 30 of each year, provide the municipality 19 with reasonable evidence to support its claim for 20 reimbursement before the municipality shall be 21 required to approve or make the payment to the 22 school district. If the school district fails to 23 provide the information during this period in any 24 year, it shall forfeit any claim to reimbursement 25 for that year. School districts may adopt a 26 resolution waiving the right to all or a portion of 27 the reimbursement otherwise required by this 28 paragraph (7.5). By acceptance of this 29 reimbursement the school district waives the right 30 to directly or indirectly set aside, modify, or 31 contest in any manner the establishment of the 32 redevelopment project area or projects; 33 (8) Relocation costs to the extent that a 34 municipality determines that relocation costs shall be SB1117 Enrolled -34- SDS/92Abill0010/ARhs 1 paid or is required to make payment of relocation costs 2 by federal or State law or in order to satisfy 3 subparagraph (7) of subsection (n); 4 (9) Payment in lieu of taxes; 5 (10) Costs of job training, retraining, advanced 6 vocational education or career education, including but 7 not limited to courses in occupational, semi-technical or 8 technical fields leading directly to employment, incurred 9 by one or more taxing districts, provided that such costs 10 (i) are related to the establishment and maintenance of 11 additional job training, advanced vocational education or 12 career education programs for persons employed or to be 13 employed by employers located in a redevelopment project 14 area; and (ii) when incurred by a taxing district or 15 taxing districts other than the municipality, are set 16 forth in a written agreement by or among the municipality 17 and the taxing district or taxing districts, which 18 agreement describes the program to be undertaken, 19 including but not limited to the number of employees to 20 be trained, a description of the training and services to 21 be provided, the number and type of positions available 22 or to be available, itemized costs of the program and 23 sources of funds to pay for the same, and the term of the 24 agreement. Such costs include, specifically, the payment 25 by community college districts of costs pursuant to 26 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public 27 Community College Act and by school districts of costs 28 pursuant to Sections 10-22.20a and 10-23.3a of The School 29 Code; 30 (11) Interest cost incurred by a redeveloper 31 related to the construction, renovation or rehabilitation 32 of a redevelopment project provided that: 33 (A) such costs are to be paid directly from 34 the special tax allocation fund established pursuant SB1117 Enrolled -35- SDS/92Abill0010/ARhs 1 to this Act; 2 (B) such payments in any one year may not 3 exceed 30% of the annual interest costs incurred by 4 the redeveloper with regard to the redevelopment 5 project during that year; 6 (C) if there are not sufficient funds 7 available in the special tax allocation fund to make 8 the payment pursuant to this paragraph (11) then the 9 amounts so due shall accrue and be payable when 10 sufficient funds are available in the special tax 11 allocation fund; 12 (D) the total of such interest payments paid 13 pursuant to this Act may not exceed 30% of the total 14 (i) cost paid or incurred by the redeveloper for the 15 redevelopment project plus (ii) redevelopment 16 project costs excluding any property assembly costs 17 and any relocation costs incurred by a municipality 18 pursuant to this Act; and 19 (E) the cost limits set forth in subparagraphs 20 (B) and (D) of paragraph (11) shall be modified for 21 the financing of rehabilitated or new housing units 22 for low-income households and very low-income 23 households, as defined in Section 3 of the Illinois 24 Affordable Housing Act. The percentage of 75% shall 25 be substituted for 30% in subparagraphs (B) and (D) 26 of paragraph (11). 27 (F) Instead of the eligible costs provided by 28 subparagraphs (B) and (D) of paragraph (11), as 29 modified by this subparagraph, and notwithstanding 30 any other provisions of this Act to the contrary, 31 the municipality may pay from tax increment revenues 32 up to 50% of the cost of construction of new housing 33 units to be occupied by low-income households and 34 very low-income households as defined in Section 3 SB1117 Enrolled -36- SDS/92Abill0010/ARhs 1 of the Illinois Affordable Housing Act. The cost of 2 construction of those units may be derived from the 3 proceeds of bonds issued by the municipality under 4 this Act or other constitutional or statutory 5 authority or from other sources of municipal revenue 6 that may be reimbursed from tax increment revenues 7 or the proceeds of bonds issued to finance the 8 construction of that housing. 9 The eligible costs provided under this 10 subparagraph (F) of paragraph (11) shall be an 11 eligible cost for the construction, renovation, and 12 rehabilitation of all low and very low-income 13 housing units, as defined in Section 3 of the 14 Illinois Affordable Housing Act, within the 15 redevelopment project area. If the low and very 16 low-income units are part of a residential 17 redevelopment project that includes units not 18 affordable to low and very low-income households, 19 only the low and very low-income units shall be 20 eligible for benefits under subparagraph (F) of 21 paragraph (11). The standards for maintaining the 22 occupancy by low-income households and very 23 low-income households, as defined in Section 3 of 24 the Illinois Affordable Housing Act, of those units 25 constructed with eligible costs made available under 26 the provisions of this subparagraph (F) of paragraph 27 (11) shall be established by guidelines adopted by 28 the municipality. The responsibility for annually 29 documenting the initial occupancy of the units by 30 low-income households and very low-income 31 households, as defined in Section 3 of the Illinois 32 Affordable Housing Act, shall be that of the then 33 current owner of the property. For ownership units, 34 the guidelines will provide, at a minimum, for a SB1117 Enrolled -37- SDS/92Abill0010/ARhs 1 reasonable recapture of funds, or other appropriate 2 methods designed to preserve the original 3 affordability of the ownership units. For rental 4 units, the guidelines will provide, at a minimum, 5 for the affordability of rent to low and very 6 low-income households. As units become available, 7 they shall be rented to income-eligible tenants. 8 The municipality may modify these guidelines from 9 time to time; the guidelines, however, shall be in 10 effect for as long as tax increment revenue is being 11 used to pay for costs associated with the units or 12 for the retirement of bonds issued to finance the 13 units or for the life of the redevelopment project 14 area, whichever is later. 15 (11.5) If the redevelopment project area is located 16 within a municipality with a population of more than 17 100,000, the cost of day care services for children of 18 employees from low-income families working for businesses 19 located within the redevelopment project area and all or 20 a portion of the cost of operation of day care centers 21 established by redevelopment project area businesses to 22 serve employees from low-income families working in 23 businesses located in the redevelopment project area. 24 For the purposes of this paragraph, "low-income families" 25 means families whose annual income does not exceed 80% of 26 the municipal, county, or regional median income, 27 adjusted for family size, as the annual income and 28 municipal, county, or regional median income are 29 determined from time to time by the United States 30 Department of Housing and Urban Development. 31 (12) Unless explicitly stated herein the cost of 32 construction of new privately-owned buildings shall not 33 be an eligible redevelopment project cost. 34 (13) After November 1, 1999 (the effective date of SB1117 Enrolled -38- SDS/92Abill0010/ARhs 1 Public Act 91-478), none of the redevelopment project 2 costs enumerated in this subsection shall be eligible 3 redevelopment project costs if those costs would provide 4 direct financial support to a retail entity initiating 5 operations in the redevelopment project area while 6 terminating operations at another Illinois location 7 within 10 miles of the redevelopment project area but 8 outside the boundaries of the redevelopment project area 9 municipality. For purposes of this paragraph, 10 termination means a closing of a retail operation that is 11 directly related to the opening of the same operation or 12 like retail entity owned or operated by more than 50% of 13 the original ownership in a redevelopment project area, 14 but it does not mean closing an operation for reasons 15 beyond the control of the retail entity, as documented by 16 the retail entity, subject to a reasonable finding by the 17 municipality that the current location contained 18 inadequate space, had become economically obsolete, or 19 was no longer a viable location for the retailer or 20 serviceman. 21 If a special service area has been established pursuant 22 to the Special Service Area Tax Act or Special Service Area 23 Tax Law, then any tax increment revenues derived from the tax 24 imposed pursuant to the Special Service Area Tax Act or 25 Special Service Area Tax Law may be used within the 26 redevelopment project area for the purposes permitted by that 27 Act or Law as well as the purposes permitted by this Act. 28 (r) "State Sales Tax Boundary" means the redevelopment 29 project area or the amended redevelopment project area 30 boundaries which are determined pursuant to subsection (9) of 31 Section 11-74.4-8a of this Act. The Department of Revenue 32 shall certify pursuant to subsection (9) of Section 33 11-74.4-8a the appropriate boundaries eligible for the 34 determination of State Sales Tax Increment. SB1117 Enrolled -39- SDS/92Abill0010/ARhs 1 (s) "State Sales Tax Increment" means an amount equal to 2 the increase in the aggregate amount of taxes paid by 3 retailers and servicemen, other than retailers and servicemen 4 subject to the Public Utilities Act, on transactions at 5 places of business located within a State Sales Tax Boundary 6 pursuant to the Retailers' Occupation Tax Act, the Use Tax 7 Act, the Service Use Tax Act, and the Service Occupation Tax 8 Act, except such portion of such increase that is paid into 9 the State and Local Sales Tax Reform Fund, the Local 10 Government Distributive Fund, the Local Government Tax 11 Fund and the County and Mass Transit District Fund, for as 12 long as State participation exists, over and above the 13 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 14 or the Revised Initial Sales Tax Amounts for such taxes as 15 certified by the Department of Revenue and paid under those 16 Acts by retailers and servicemen on transactions at places of 17 business located within the State Sales Tax Boundary during 18 the base year which shall be the calendar year immediately 19 prior to the year in which the municipality adopted tax 20 increment allocation financing, less 3.0% of such amounts 21 generated under the Retailers' Occupation Tax Act, Use Tax 22 Act and Service Use Tax Act and the Service Occupation Tax 23 Act, which sum shall be appropriated to the Department of 24 Revenue to cover its costs of administering and enforcing 25 this Section. For purposes of computing the aggregate amount 26 of such taxes for base years occurring prior to 1985, the 27 Department of Revenue shall compute the Initial Sales Tax 28 Amount for such taxes and deduct therefrom an amount equal to 29 4% of the aggregate amount of taxes per year for each year 30 the base year is prior to 1985, but not to exceed a total 31 deduction of 12%. The amount so determined shall be known as 32 the "Adjusted Initial Sales Tax Amount". For purposes of 33 determining the State Sales Tax Increment the Department of 34 Revenue shall for each period subtract from the tax amounts SB1117 Enrolled -40- SDS/92Abill0010/ARhs 1 received from retailers and servicemen on transactions 2 located in the State Sales Tax Boundary, the certified 3 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 4 or Revised Initial Sales Tax Amounts for the Retailers' 5 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act 6 and the Service Occupation Tax Act. For the State Fiscal 7 Year 1989 this calculation shall be made by utilizing the 8 calendar year 1987 to determine the tax amounts received. For 9 the State Fiscal Year 1990, this calculation shall be made by 10 utilizing the period from January 1, 1988, until September 11 30, 1988, to determine the tax amounts received from 12 retailers and servicemen, which shall have deducted therefrom 13 nine-twelfths of the certified Initial Sales Tax Amounts, 14 Adjusted Initial Sales Tax Amounts or the Revised Initial 15 Sales Tax Amounts as appropriate. For the State Fiscal Year 16 1991, this calculation shall be made by utilizing the period 17 from October 1, 1988, until June 30, 1989, to determine the 18 tax amounts received from retailers and servicemen, which 19 shall have deducted therefrom nine-twelfths of the certified 20 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax 21 Amounts or the Revised Initial Sales Tax Amounts as 22 appropriate. For every State Fiscal Year thereafter, the 23 applicable period shall be the 12 months beginning July 1 and 24 ending on June 30, to determine the tax amounts received 25 which shall have deducted therefrom the certified Initial 26 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the 27 Revised Initial Sales Tax Amounts. Municipalities intending 28 to receive a distribution of State Sales Tax Increment must 29 report a list of retailers to the Department of Revenue by 30 October 31, 1988 and by July 31, of each year thereafter. 31 (t) "Taxing districts" means counties, townships, cities 32 and incorporated towns and villages, school, road, park, 33 sanitary, mosquito abatement, forest preserve, public health, 34 fire protection, river conservancy, tuberculosis sanitarium SB1117 Enrolled -41- SDS/92Abill0010/ARhs 1 and any other municipal corporations or districts with the 2 power to levy taxes. 3 (u) "Taxing districts' capital costs" means those costs 4 of taxing districts for capital improvements that are found 5 by the municipal corporate authorities to be necessary and 6 directly result from the redevelopment project. 7 (v) As used in subsection (a) of Section 11-74.4-3 of 8 this Act, "vacant land" means any parcel or combination of 9 parcels of real property without industrial, commercial, and 10 residential buildings which has not been used for commercial 11 agricultural purposes within 5 years prior to the designation 12 of the redevelopment project area, unless the parcel is 13 included in an industrial park conservation area or the 14 parcel has been subdivided; provided that if the parcel was 15 part of a larger tract that has been divided into 3 or more 16 smaller tracts that were accepted for recording during the 17 period from 1950 to 1990, then the parcel shall be deemed to 18 have been subdivided, and all proceedings and actions of the 19 municipality taken in that connection with respect to any 20 previously approved or designated redevelopment project area 21 or amended redevelopment project area are hereby validated 22 and hereby declared to be legally sufficient for all purposes 23 of this Act. For purposes of this Section and only for land 24 subject to the subdivision requirements of the Plat Act, land 25 is subdivided when the original plat of the proposed 26 Redevelopment Project Area or relevant portion thereof has 27 been properly certified, acknowledged, approved, and recorded 28 or filed in accordance with the Plat Act and a preliminary 29 plat, if any, for any subsequent phases of the proposed 30 Redevelopment Project Area or relevant portion thereof has 31 been properly approved and filed in accordance with the 32 applicable ordinance of the municipality. 33 (w) "Annual Total Increment" means the sum of each 34 municipality's annual Net Sales Tax Increment and each SB1117 Enrolled -42- SDS/92Abill0010/ARhs 1 municipality's annual Net Utility Tax Increment. The ratio 2 of the Annual Total Increment of each municipality to the 3 Annual Total Increment for all municipalities, as most 4 recently calculated by the Department, shall determine the 5 proportional shares of the Illinois Tax Increment Fund to be 6 distributed to each municipality. 7 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99; 8 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff. 9 8-20-99; 91-763, eff. 6-9-00) 10 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7) 11 Sec. 11-74.4-7. Obligations secured by the special tax 12 allocation fund set forth in Section 11-74.4-8 for the 13 redevelopment project area may be issued to provide for 14 redevelopment project costs. Such obligations, when so 15 issued, shall be retired in the manner provided in the 16 ordinance authorizing the issuance of such obligations by the 17 receipts of taxes levied as specified in Section 11-74.4-9 18 against the taxable property included in the area, by 19 revenues as specified by Section 11-74.4-8a and other revenue 20 designated by the municipality. A municipality may in the 21 ordinance pledge all or any part of the funds in and to be 22 deposited in the special tax allocation fund created pursuant 23 to Section 11-74.4-8 to the payment of the redevelopment 24 project costs and obligations. Any pledge of funds in the 25 special tax allocation fund shall provide for distribution to 26 the taxing districts and to the Illinois Department of 27 Revenue of moneys not required, pledged, earmarked, or 28 otherwise designated for payment and securing of the 29 obligations and anticipated redevelopment project costs and 30 such excess funds shall be calculated annually and deemed to 31 be "surplus" funds. In the event a municipality only applies 32 or pledges a portion of the funds in the special tax 33 allocation fund for the payment or securing of anticipated SB1117 Enrolled -43- SDS/92Abill0010/ARhs 1 redevelopment project costs or of obligations, any such funds 2 remaining in the special tax allocation fund after complying 3 with the requirements of the application or pledge, shall 4 also be calculated annually and deemed "surplus" funds. All 5 surplus funds in the special tax allocation fund shall be 6 distributed annually within 180 days after the close of the 7 municipality's fiscal year by being paid by the municipal 8 treasurer to the County Collector, to the Department of 9 Revenue and to the municipality in direct proportion to the 10 tax incremental revenue received as a result of an increase 11 in the equalized assessed value of property in the 12 redevelopment project area, tax incremental revenue received 13 from the State and tax incremental revenue received from the 14 municipality, but not to exceed as to each such source the 15 total incremental revenue received from that source. The 16 County Collector shall thereafter make distribution to the 17 respective taxing districts in the same manner and proportion 18 as the most recent distribution by the county collector to 19 the affected districts of real property taxes from real 20 property in the redevelopment project area. 21 Without limiting the foregoing in this Section, the 22 municipality may in addition to obligations secured by the 23 special tax allocation fund pledge for a period not greater 24 than the term of the obligations towards payment of such 25 obligations any part or any combination of the following: (a) 26 net revenues of all or part of any redevelopment project; (b) 27 taxes levied and collected on any or all property in the 28 municipality; (c) the full faith and credit of the 29 municipality; (d) a mortgage on part or all of the 30 redevelopment project; or (e) any other taxes or anticipated 31 receipts that the municipality may lawfully pledge. 32 Such obligations may be issued in one or more series 33 bearing interest at such rate or rates as the corporate 34 authorities of the municipality shall determine by ordinance. SB1117 Enrolled -44- SDS/92Abill0010/ARhs 1 Such obligations shall bear such date or dates, mature at 2 such time or times not exceeding 20 years from their 3 respective dates, be in such denomination, carry such 4 registration privileges, be executed in such manner, be 5 payable in such medium of payment at such place or places, 6 contain such covenants, terms and conditions, and be subject 7 to redemption as such ordinance shall provide. Obligations 8 issued pursuant to this Act may be sold at public or private 9 sale at such price as shall be determined by the corporate 10 authorities of the municipalities. No referendum approval of 11 the electors shall be required as a condition to the issuance 12 of obligations pursuant to this Division except as provided 13 in this Section. 14 In the event the municipality authorizes issuance of 15 obligations pursuant to the authority of this Division 16 secured by the full faith and credit of the municipality, 17 which obligations are other than obligations which may be 18 issued under home rule powers provided by Article VII, 19 Section 6 of the Illinois Constitution, or pledges taxes 20 pursuant to (b) or (c) of the second paragraph of this 21 section, the ordinance authorizing the issuance of such 22 obligations or pledging such taxes shall be published within 23 10 days after such ordinance has been passed in one or more 24 newspapers, with general circulation within such 25 municipality. The publication of the ordinance shall be 26 accompanied by a notice of (1) the specific number of voters 27 required to sign a petition requesting the question of the 28 issuance of such obligations or pledging taxes to be 29 submitted to the electors; (2) the time in which such 30 petition must be filed; and (3) the date of the prospective 31 referendum. The municipal clerk shall provide a petition 32 form to any individual requesting one. 33 If no petition is filed with the municipal clerk, as 34 hereinafter provided in this Section, within 30 days after SB1117 Enrolled -45- SDS/92Abill0010/ARhs 1 the publication of the ordinance, the ordinance shall be in 2 effect. But, if within that 30 day period a petition is 3 filed with the municipal clerk, signed by electors in the 4 municipality numbering 10% or more of the number of 5 registered voters in the municipality, asking that the 6 question of issuing obligations using full faith and credit 7 of the municipality as security for the cost of paying for 8 redevelopment project costs, or of pledging taxes for the 9 payment of such obligations, or both, be submitted to the 10 electors of the municipality, the corporate authorities of 11 the municipality shall call a special election in the manner 12 provided by law to vote upon that question, or, if a general, 13 State or municipal election is to be held within a period of 14 not less than 30 or more than 90 days from the date such 15 petition is filed, shall submit the question at the next 16 general, State or municipal election. If it appears upon the 17 canvass of the election by the corporate authorities that a 18 majority of electors voting upon the question voted in favor 19 thereof, the ordinance shall be in effect, but if a majority 20 of the electors voting upon the question are not in favor 21 thereof, the ordinance shall not take effect. 22 The ordinance authorizing the obligations may provide 23 that the obligations shall contain a recital that they are 24 issued pursuant to this Division, which recital shall be 25 conclusive evidence of their validity and of the regularity 26 of their issuance. 27 In the event the municipality authorizes issuance of 28 obligations pursuant to this Section secured by the full 29 faith and credit of the municipality, the ordinance 30 authorizing the obligations may provide for the levy and 31 collection of a direct annual tax upon all taxable property 32 within the municipality sufficient to pay the principal 33 thereof and interest thereon as it matures, which levy may be 34 in addition to and exclusive of the maximum of all other SB1117 Enrolled -46- SDS/92Abill0010/ARhs 1 taxes authorized to be levied by the municipality, which 2 levy, however, shall be abated to the extent that monies from 3 other sources are available for payment of the obligations 4 and the municipality certifies the amount of said monies 5 available to the county clerk. 6 A certified copy of such ordinance shall be filed with 7 the county clerk of each county in which any portion of the 8 municipality is situated, and shall constitute the authority 9 for the extension and collection of the taxes to be deposited 10 in the special tax allocation fund. 11 A municipality may also issue its obligations to refund 12 in whole or in part, obligations theretofore issued by such 13 municipality under the authority of this Act, whether at or 14 prior to maturity, provided however, that the last maturity 15 of the refunding obligations shall not be expressed to mature 16 later than December 31 of the year in which the payment to 17 the municipal treasurer as provided in subsection (b) of 18 Section 11-74.4-8 of this Act is to be made with respect to 19 ad valorem taxes levied in the twenty-third calendar year 20 after the year in which the ordinance approving the 21 redevelopment project area is adopted if the ordinance was 22 adopted on or after January 15, 1981, and not later than 23 December 31 of the year in which the payment to the municipal 24 treasurer as provided in subsection (b) of Section 11-74.4-8 25 of this Act is to be made with respect to ad valorem taxes 26 levied in the thirty-fifth calendar year after the year in 27 which the ordinance approving the redevelopment project area 28 is adopted (A) if the ordinance was adopted before January 29 15, 1981, or (B) if the ordinance was adopted in December 30 1983, April 1984, July 1985, or December 1989, or (C) if the 31 ordinance was adopted in December, 1987 and the redevelopment 32 project is located within one mile of Midway Airport, or (D) 33 if the ordinance was adopted before January 1, 1987 by a 34 municipality in Mason County, or (E) if the municipality is SB1117 Enrolled -47- SDS/92Abill0010/ARhs 1 subject to the Local Government Financial Planning and 2 Supervision Act or the Financially Distressed City Law, or 3 (F) if the ordinance was adopted in December 1984 by the 4 Village of Rosemont, or (G) if the ordinance was adopted on 5 December 31, 1986 by a municipality located in Clinton County 6 for which at least $250,000 of tax increment bonds were 7 authorized on June 17, 1997, or if the ordinance was adopted 8 on December 31, 1986 by a municipality with a population in 9 1990 of less than 3,600 that is located in a county with a 10 population in 1990 of less than 34,000 and for which at least 11 $250,000 of tax increment bonds were authorized on June 17, 12 1997, or (H) if the ordinance was adopted on October 5, 1982 13 by the City of Kankakee, or (I) if the ordinance was adopted 14 on December 29, 1986 by East St. Louis, or if the ordinance 15 was adopted on November 12, 1991 by the Village of Sauget, or 16 (J) if the ordinance was adopted on February 11, 1985 by the 17 City of Rock Island, or (K) if the ordinance was adopted 18 before December 18, 1986 by the City of Moline, or (L) if the 19 ordinance was adopted on January 23, 1991 by the City of East 20 St. Louis and, for redevelopment project areas for which 21 bonds were issued before July 29, 1991, in connection with a 22 redevelopment project in the area within the State Sales Tax 23 Boundary and which were extended by municipal ordinance under 24 subsection (n) of Section 11-74.4-3, the last maturity of 25 the refunding obligations shall not be expressed to mature 26 later than the date on which the redevelopment project area 27 is terminated or December 31, 2013, whichever date occurs 28 first. 29 In the event a municipality issues obligations under home 30 rule powers or other legislative authority the proceeds of 31 which are pledged to pay for redevelopment project costs, the 32 municipality may, if it has followed the procedures in 33 conformance with this division, retire said obligations from 34 funds in the special tax allocation fund in amounts and in SB1117 Enrolled -48- SDS/92Abill0010/ARhs 1 such manner as if such obligations had been issued pursuant 2 to the provisions of this division. 3 All obligations heretofore or hereafter issued pursuant 4 to this Act shall not be regarded as indebtedness of the 5 municipality issuing such obligations or any other taxing 6 district for the purpose of any limitation imposed by law. 7 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99; 8 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff. 9 8-20-99; 91-763, eff. 6-9-00.)