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91_HB0665enr HB0665 Enrolled LRB9103358PTpk 1 AN ACT to amend the Illinois Municipal Code by changing 2 Sections 11-74.4-3 and 11-74.4-7. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Municipal Code is amended by 6 changing Sections 11-74.4-3 and 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)this amendatory Act of the 91st General Assembly, 16 "blighted area" shall have the meaning set forth in this 17 Section prior to thatthe effectivedateof this amendatory18Act of the 91st General Assembly. 19 On and after November 1, 1999the effective date of this20amendatory Act of the 91st General Assembly, "blighted area" 21 means any improved or vacant area within the boundaries of a 22 redevelopment project area located within the territorial 23 limits of the municipality where: 24 (1) If improved, industrial, commercial, and 25 residential buildings or improvements are detrimental to 26 the public safety, health, or welfare because of a 27 combination of 5 or more of the following factors, each 28 of which is (i) present, with that presence documented, 29 to a meaningful extent so that a municipality may 30 reasonably find that the factor is clearly present within 31 the intent of the Act and (ii) reasonably distributed HB0665 Enrolled -2- LRB9103358PTpk 1 throughout the improved part of the redevelopment project 2 area: 3 (A) Dilapidation. An advanced state of 4 disrepair or neglect of necessary repairs to the 5 primary structural components of buildings or 6 improvements in such a combination that a documented 7 building condition analysis determines that major 8 repair is required or the defects are so serious and 9 so extensive that the buildings must be removed. 10 (B) Obsolescence. The condition or process of 11 falling into disuse. Structures have become 12 ill-suited for the original use. 13 (C) Deterioration. With respect to buildings, 14 defects including, but not limited to, major defects 15 in the secondary building components such as doors, 16 windows, porches, gutters and downspouts, and 17 fascia. With respect to surface improvements, that 18 the condition of roadways, alleys, curbs, gutters, 19 sidewalks, off-street parking, and surface storage 20 areas evidence deterioration, including, but not 21 limited to, surface cracking, crumbling, potholes, 22 depressions, loose paving material, and weeds 23 protruding through paved surfaces. 24 (D) Presence of structures below minimum code 25 standards. All structures that do not meet the 26 standards of zoning, subdivision, building, fire, 27 and other governmental codes applicable to property, 28 but not including housing and property maintenance 29 codes. 30 (E) Illegal use of individual structures. The 31 use of structures in violation of applicable 32 federal, State, or local laws, exclusive of those 33 applicable to the presence of structures below 34 minimum code standards. HB0665 Enrolled -3- LRB9103358PTpk 1 (F) Excessive vacancies. The presence of 2 buildings that are unoccupied or under-utilized and 3 that represent an adverse influence on the area 4 because of the frequency, extent, or duration of the 5 vacancies. 6 (G) Lack of ventilation, light, or sanitary 7 facilities. The absence of adequate ventilation for 8 light or air circulation in spaces or rooms without 9 windows, or that require the removal of dust, odor, 10 gas, smoke, or other noxious airborne materials. 11 Inadequate natural light and ventilation means the 12 absence of skylights or windows for interior spaces 13 or rooms and improper window sizes and amounts by 14 room area to window area ratios. Inadequate 15 sanitary facilities refers to the absence or 16 inadequacy of garbage storage and enclosure, 17 bathroom facilities, hot water and kitchens, and 18 structural inadequacies preventing ingress and 19 egress to and from all rooms and units within a 20 building. 21 (H) Inadequate utilities. Underground and 22 overhead utilities such as storm sewers and storm 23 drainage, sanitary sewers, water lines, and gas, 24 telephone, and electrical services that are shown to 25 be inadequate. Inadequate utilities are those that 26 are: (i) of insufficient capacity to serve the uses 27 in the redevelopment project area, (ii) 28 deteriorated, antiquated, obsolete, or in disrepair, 29 or (iii) lacking within the redevelopment project 30 area. 31 (I) Excessive land coverage and overcrowding 32 of structures and community facilities. The 33 over-intensive use of property and the crowding of 34 buildings and accessory facilities onto a site. HB0665 Enrolled -4- LRB9103358PTpk 1 Examples of problem conditions warranting the 2 designation of an area as one exhibiting excessive 3 land coverage are: (i) the presence of buildings 4 either improperly situated on parcels or located on 5 parcels of inadequate size and shape in relation to 6 present-day standards of development for health and 7 safety and (ii) the presence of multiple buildings 8 on a single parcel. For there to be a finding of 9 excessive land coverage, these parcels must exhibit 10 one or more of the following conditions: 11 insufficient provision for light and air within or 12 around buildings, increased threat of spread of fire 13 due to the close proximity of buildings, lack of 14 adequate or proper access to a public right-of-way, 15 lack of reasonably required off-street parking, or 16 inadequate provision for loading and service. 17 (J) Deleterious land use or layout. The 18 existence of incompatible land-use relationships, 19 buildings occupied by inappropriate mixed-uses, or 20 uses considered to be noxious, offensive, or 21 unsuitable for the surrounding area. 22 (K) Environmental clean-up. The proposed 23 redevelopment project area has incurred Illinois 24 Environmental Protection Agency or United States 25 Environmental Protection Agency remediation costs 26 for, or a study conducted by an independent 27 consultant recognized as having expertise in 28 environmental remediation has determined a need for, 29 the clean-up of hazardous waste, hazardous 30 substances, or underground storage tanks required by 31 State or federal law, provided that the remediation 32 costs constitute a material impediment to the 33 development or redevelopment of the redevelopment 34 project area. HB0665 Enrolled -5- LRB9103358PTpk 1 (L) Lack of community planning. The proposed 2 redevelopment project area was developed prior to or 3 without the benefit or guidance of a community plan. 4 This means that the development occurred prior to 5 the adoption by the municipality of a comprehensive 6 or other community plan or that the plan was not 7 followed at the time of the area's development. 8 This factor must be documented by evidence of 9 adverse or incompatible land-use relationships, 10 inadequate street layout, improper subdivision, 11 parcels of inadequate shape and size to meet 12 contemporary development standards, or other 13 evidence demonstrating an absence of effective 14 community planning. 15 (M) The total equalized assessed value of the 16 proposed redevelopment project area has declined for 17 3 of the last 5 calendar years prior to the year in 18 which the redevelopment project area is designated 19 or is increasing at an annual rate that is less than 20 the balance of the municipality for 3 of the last 5 21 calendar years for which information is available or 22 is increasing at an annual rate that is less than 23 the Consumer Price Index for All Urban Consumers 24 published by the United States Department of Labor 25 or successor agency for 3 of the last 5 calendar 26 years prior to the year in which the redevelopment 27 project area is designated. 28 (2) If vacant, the sound growth of the 29 redevelopment project area is impaired by a combination 30 of 2 or more of the following factors, each of which is 31 (i) present, with that presence documented, to a 32 meaningful extent so that a municipality may reasonably 33 find that the factor is clearly present within the intent 34 of the Act and (ii) reasonably distributed throughout the HB0665 Enrolled -6- LRB9103358PTpk 1 vacant part of the redevelopment project area to which it 2 pertains: 3 (A) Obsolete platting of vacant land that 4 results in parcels of limited or narrow size or 5 configurations of parcels of irregular size or shape 6 that would be difficult to develop on a planned 7 basis and in a manner compatible with contemporary 8 standards and requirements, or platting that failed 9 to create rights-of-ways for streets or alleys or 10 that created inadequate right-of-way widths for 11 streets, alleys, or other public rights-of-way or 12 that omitted easements for public utilities. 13 (B) Diversity of ownership of parcels of 14 vacant land sufficient in number to retard or impede 15 the ability to assemble the land for development. 16 (C) Tax and special assessment delinquencies 17 exist or the property has been the subject of tax 18 sales under the Property Tax Code within the last 5 19 years. 20 (D) Deterioration of structures or site 21 improvements in neighboring areas adjacent to the 22 vacant land. 23 (E) The area has incurred Illinois 24 Environmental Protection Agency or United States 25 Environmental Protection Agency remediation costs 26 for, or a study conducted by an independent 27 consultant recognized as having expertise in 28 environmental remediation has determined a need for, 29 the clean-up of hazardous waste, hazardous 30 substances, or underground storage tanks required by 31 State or federal law, provided that the remediation 32 costs constitute a material impediment to the 33 development or redevelopment of the redevelopment 34 project area. HB0665 Enrolled -7- LRB9103358PTpk 1 (F) The total equalized assessed value of the 2 proposed redevelopment project area has declined for 3 3 of the last 5 calendar years prior to the year in 4 which the redevelopment project area is designated 5 or is increasing at an annual rate that is less than 6 the balance of the municipality for 3 of the last 5 7 calendar years for which information is available or 8 is increasing at an annual rate that is less than 9 the Consumer Price Index for All Urban Consumers 10 published by the United States Department of Labor 11 or successor agency for 3 of the last 5 calendar 12 years prior to the year in which the redevelopment 13 project area is designated. 14 (3) If vacant, the sound growth of the 15 redevelopment project area is impaired by one of the 16 following factors that (i) is present, with that presence 17 documented, to a meaningful extent so that a municipality 18 may reasonably find that the factor is clearly present 19 within the intent of the Act and (ii) is reasonably 20 distributed throughout the vacant part of the 21 redevelopment project area to which it pertains: 22 (A) The area consists of one or more unused 23 quarries, mines, or strip mine ponds. 24 (B) The area consists of unused railyards, 25 rail tracks, or railroad rights-of-way. 26 (C) The area, prior to its designation, is 27 subject to chronic flooding that adversely impacts 28 on real property in the area as certified by a 29 registered professional engineer or appropriate 30 regulatory agency. 31 (D) The area consists of an unused or illegal 32 disposal site containing earth, stone, building 33 debris, or similar materials that were removed from 34 construction, demolition, excavation, or dredge HB0665 Enrolled -8- LRB9103358PTpk 1 sites. 2 (E) Prior to November 1, 1999the effective3date of this amendatory Act of the 91st General4Assembly, the area is not less than 50 nor more than 5 100 acres and 75% of which is vacant 6 (notwithstanding that the area has been used for 7 commercial agricultural purposes within 5 years 8 prior to the designation of the redevelopment 9 project area), and the area meets at least one of 10 the factors itemized in paragraph (1) of this 11 subsection, the area has been designated as a town 12 or village center by ordinance or comprehensive plan 13 adopted prior to January 1, 1982, and the area has 14 not been developed for that designated purpose. 15 (F) The area qualified as a blighted improved 16 area immediately prior to becoming vacant, unless 17 there has been substantial private investment in the 18 immediately surrounding area. 19 (b) For any redevelopment project area that has been 20 designated pursuant to this Section by an ordinance adopted 21 prior to November 1, 1999 (the effective date of Public Act 22 91-478)this amendatory Act of the 91st General Assembly, 23 "conservation area" shall have the meaning set forth in this 24 Section prior to thatthe effectivedateof this amendatory25Act of the 91st General Assembly. 26 On and after November 1, 1999the effective date of this27amendatory Act of the 91st General Assembly, "conservation 28 area" means any improved area within the boundaries of a 29 redevelopment project area located within the territorial 30 limits of the municipality in which 50% or more of the 31 structures in the area have an age of 35 years or more. Such 32 an area is not yet a blighted area but because of a 33 combination of 3 or more of the following factors is 34 detrimental to the public safety, health, morals or welfare HB0665 Enrolled -9- LRB9103358PTpk 1 and such an area may become a blighted area: 2 (1) Dilapidation. An advanced state of disrepair 3 or neglect of necessary repairs to the primary structural 4 components of buildings or improvements in such a 5 combination that a documented building condition analysis 6 determines that major repair is required or the defects 7 are so serious and so extensive that the buildings must 8 be removed. 9 (2) Obsolescence. The condition or process of 10 falling into disuse. Structures have become ill-suited 11 for the original use. 12 (3) Deterioration. With respect to buildings, 13 defects including, but not limited to, major defects in 14 the secondary building components such as doors, windows, 15 porches, gutters and downspouts, and fascia. With 16 respect to surface improvements, that the condition of 17 roadways, alleys, curbs, gutters, sidewalks, off-street 18 parking, and surface storage areas evidence 19 deterioration, including, but not limited to, surface 20 cracking, crumbling, potholes, depressions, loose paving 21 material, and weeds protruding through paved surfaces. 22 (4) Presence of structures below minimum code 23 standards. All structures that do not meet the standards 24 of zoning, subdivision, building, fire, and other 25 governmental codes applicable to property, but not 26 including housing and property maintenance codes. 27 (5) Illegal use of individual structures. The use 28 of structures in violation of applicable federal, State, 29 or local laws, exclusive of those applicable to the 30 presence of structures below minimum code standards. 31 (6) Excessive vacancies. The presence of buildings 32 that are unoccupied or under-utilized and that represent 33 an adverse influence on the area because of the 34 frequency, extent, or duration of the vacancies. HB0665 Enrolled -10- LRB9103358PTpk 1 (7) Lack of ventilation, light, or sanitary 2 facilities. The absence of adequate ventilation for 3 light or air circulation in spaces or rooms without 4 windows, or that require the removal of dust, odor, gas, 5 smoke, or other noxious airborne materials. Inadequate 6 natural light and ventilation means the absence or 7 inadequacy of skylights or windows for interior spaces or 8 rooms and improper window sizes and amounts by room area 9 to window area ratios. Inadequate sanitary facilities 10 refers to the absence or inadequacy of garbage storage 11 and enclosure, bathroom facilities, hot water and 12 kitchens, and structural inadequacies preventing ingress 13 and egress to and from all rooms and units within a 14 building. 15 (8) Inadequate utilities. Underground and overhead 16 utilities such as storm sewers and storm drainage, 17 sanitary sewers, water lines, and gas, telephone, and 18 electrical services that are shown to be inadequate. 19 Inadequate utilities are those that are: (i) of 20 insufficient capacity to serve the uses in the 21 redevelopment project area, (ii) deteriorated, 22 antiquated, obsolete, or in disrepair, or (iii) lacking 23 within the redevelopment project area. 24 (9) Excessive land coverage and overcrowding of 25 structures and community facilities. The over-intensive 26 use of property and the crowding of buildings and 27 accessory facilities onto a site. Examples of problem 28 conditions warranting the designation of an area as one 29 exhibiting excessive land coverage are: the presence of 30 buildings either improperly situated on parcels or 31 located on parcels of inadequate size and shape in 32 relation to present-day standards of development for 33 health and safety and the presence of multiple buildings 34 on a single parcel. For there to be a finding of HB0665 Enrolled -11- LRB9103358PTpk 1 excessive land coverage, these parcels must exhibit one 2 or more of the following conditions: insufficient 3 provision for light and air within or around buildings, 4 increased threat of spread of fire due to the close 5 proximity of buildings, lack of adequate or proper access 6 to a public right-of-way, lack of reasonably required 7 off-street parking, or inadequate provision for loading 8 and service. 9 (10) Deleterious land use or layout. The existence 10 of incompatible land-use relationships, buildings 11 occupied by inappropriate mixed-uses, or uses considered 12 to be noxious, offensive, or unsuitable for the 13 surrounding area. 14 (11) Lack of community planning. The proposed 15 redevelopment project area was developed prior to or 16 without the benefit or guidance of a community plan. This 17 means that the development occurred prior to the adoption 18 by the municipality of a comprehensive or other community 19 plan or that the plan was not followed at the time of the 20 area's development. This factor must be documented by 21 evidence of adverse or incompatible land-use 22 relationships, inadequate street layout, improper 23 subdivision, parcels of inadequate shape and size to meet 24 contemporary development standards, or other evidence 25 demonstrating an absence of effective community planning. 26 (12) The area has incurred Illinois Environmental 27 Protection Agency or United States Environmental 28 Protection Agency remediation costs for, or a study 29 conducted by an independent consultant recognized as 30 having expertise in environmental remediation has 31 determined a need for, the clean-up of hazardous waste, 32 hazardous substances, or underground storage tanks 33 required by State or federal law, provided that the 34 remediation costs constitute a material impediment to the HB0665 Enrolled -12- LRB9103358PTpk 1 development or redevelopment of the redevelopment project 2 area. 3 (13) The total equalized assessed value of the 4 proposed redevelopment project area has declined for 3 of 5 the last 5 calendar years for which information is 6 available or is increasing at an annual rate that is less 7 than the balance of the municipality for 3 of the last 5 8 calendar years for which information is available or is 9 increasing at an annual rate that is less than the 10 Consumer Price Index for All Urban Consumers published by 11 the United States Department of Labor or successor agency 12 for 3 of the last 5 calendar years for which information 13 is available. 14 (c) "Industrial park" means an area in a blighted or 15 conservation area suitable for use by any manufacturing, 16 industrial, research or transportation enterprise, of 17 facilities to include but not be limited to factories, mills, 18 processing plants, assembly plants, packing plants, 19 fabricating plants, industrial distribution centers, 20 warehouses, repair overhaul or service facilities, freight 21 terminals, research facilities, test facilities or railroad 22 facilities. 23 (d) "Industrial park conservation area" means an area 24 within the boundaries of a redevelopment project area located 25 within the territorial limits of a municipality that is a 26 labor surplus municipality or within 1 1/2 miles of the 27 territorial limits of a municipality that is a labor surplus 28 municipality if the area is annexed to the municipality; 29 which area is zoned as industrial no later than at the time 30 the municipality by ordinance designates the redevelopment 31 project area, and which area includes both vacant land 32 suitable for use as an industrial park and a blighted area or 33 conservation area contiguous to such vacant land. 34 (e) "Labor surplus municipality" means a municipality in HB0665 Enrolled -13- LRB9103358PTpk 1 which, at any time during the 6 months before the 2 municipality by ordinance designates an industrial park 3 conservation area, the unemployment rate was over 6% and was 4 also 100% or more of the national average unemployment rate 5 for that same time as published in the United States 6 Department of Labor Bureau of Labor Statistics publication 7 entitled "The Employment Situation" or its successor 8 publication. For the purpose of this subsection, if 9 unemployment rate statistics for the municipality are not 10 available, the unemployment rate in the municipality shall be 11 deemed to be the same as the unemployment rate in the 12 principal county in which the municipality is located. 13 (f) "Municipality" shall mean a city, village or 14 incorporated town. 15 (g) "Initial Sales Tax Amounts" means the amount of 16 taxes paid under the Retailers' Occupation Tax Act, Use Tax 17 Act, Service Use Tax Act, the Service Occupation Tax Act, the 18 Municipal Retailers' Occupation Tax Act, and the Municipal 19 Service Occupation Tax Act by retailers and servicemen on 20 transactions at places located in a State Sales Tax Boundary 21 during the calendar year 1985. 22 (g-1) "Revised Initial Sales Tax Amounts" means the 23 amount of taxes paid under the Retailers' Occupation Tax Act, 24 Use Tax Act, Service Use Tax Act, the Service Occupation Tax 25 Act, the Municipal Retailers' Occupation Tax Act, and the 26 Municipal Service Occupation Tax Act by retailers and 27 servicemen on transactions at places located within the State 28 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9) 29 of this Act. 30 (h) "Municipal Sales Tax Increment" means an amount 31 equal to the increase in the aggregate amount of taxes paid 32 to a municipality from the Local Government Tax Fund arising 33 from sales by retailers and servicemen within the 34 redevelopment project area or State Sales Tax Boundary, as HB0665 Enrolled -14- LRB9103358PTpk 1 the case may be, for as long as the redevelopment project 2 area or State Sales Tax Boundary, as the case may be, exist 3 over and above the aggregate amount of taxes as certified by 4 the Illinois Department of Revenue and paid under the 5 Municipal Retailers' Occupation Tax Act and the Municipal 6 Service Occupation Tax Act by retailers and servicemen, on 7 transactions at places of business located in the 8 redevelopment project area or State Sales Tax Boundary, as 9 the case may be, during the base year which shall be the 10 calendar year immediately prior to the year in which the 11 municipality adopted tax increment allocation financing. For 12 purposes of computing the aggregate amount of such taxes for 13 base years occurring prior to 1985, the Department of Revenue 14 shall determine the Initial Sales Tax Amounts for such taxes 15 and deduct therefrom an amount equal to 4% of the aggregate 16 amount of taxes per year for each year the base year is prior 17 to 1985, but not to exceed a total deduction of 12%. The 18 amount so determined shall be known as the "Adjusted Initial 19 Sales Tax Amounts". For purposes of determining the 20 Municipal Sales Tax Increment, the Department of Revenue 21 shall for each period subtract from the amount paid to the 22 municipality from the Local Government Tax Fund arising from 23 sales by retailers and servicemen on transactions located in 24 the redevelopment project area or the State Sales Tax 25 Boundary, as the case may be, the certified Initial Sales Tax 26 Amounts, the Adjusted Initial Sales Tax Amounts or the 27 Revised Initial Sales Tax Amounts for the Municipal 28 Retailers' Occupation Tax Act and the Municipal Service 29 Occupation Tax Act. For the State Fiscal Year 1989, this 30 calculation shall be made by utilizing the calendar year 1987 31 to determine the tax amounts received. For the State Fiscal 32 Year 1990, this calculation shall be made by utilizing the 33 period from January 1, 1988, until September 30, 1988, to 34 determine the tax amounts received from retailers and HB0665 Enrolled -15- LRB9103358PTpk 1 servicemen pursuant to the Municipal Retailers' Occupation 2 Tax and the Municipal Service Occupation Tax Act, which shall 3 have deducted therefrom nine-twelfths of the certified 4 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax 5 Amounts or the Revised Initial Sales Tax Amounts as 6 appropriate. For the State Fiscal Year 1991, this calculation 7 shall be made by utilizing the period from October 1, 1988, 8 to June 30, 1989, to determine the tax amounts received from 9 retailers and servicemen pursuant to the Municipal Retailers' 10 Occupation Tax and the Municipal Service Occupation Tax Act 11 which shall have deducted therefrom nine-twelfths of the 12 certified Initial Sales Tax Amounts, Adjusted Initial Sales 13 Tax Amounts or the Revised Initial Sales Tax Amounts as 14 appropriate. For every State Fiscal Year thereafter, the 15 applicable period shall be the 12 months beginning July 1 and 16 ending June 30 to determine the tax amounts received which 17 shall have deducted therefrom the certified Initial Sales Tax 18 Amounts, the Adjusted Initial Sales Tax Amounts or the 19 Revised Initial Sales Tax Amounts, as the case may be. 20 (i) "Net State Sales Tax Increment" means the sum of the 21 following: (a) 80% of the first $100,000 of State Sales Tax 22 Increment annually generated within a State Sales Tax 23 Boundary; (b) 60% of the amount in excess of $100,000 but not 24 exceeding $500,000 of State Sales Tax Increment annually 25 generated within a State Sales Tax Boundary; and (c) 40% of 26 all amounts in excess of $500,000 of State Sales Tax 27 Increment annually generated within a State Sales Tax 28 Boundary. If, however, a municipality established a tax 29 increment financing district in a county with a population in 30 excess of 3,000,000 before January 1, 1986, and the 31 municipality entered into a contract or issued bonds after 32 January 1, 1986, but before December 31, 1986, to finance 33 redevelopment project costs within a State Sales Tax 34 Boundary, then the Net State Sales Tax Increment means, for HB0665 Enrolled -16- LRB9103358PTpk 1 the fiscal years beginning July 1, 1990, and July 1, 1991, 2 100% of the State Sales Tax Increment annually generated 3 within a State Sales Tax Boundary; and notwithstanding any 4 other provision of this Act, for those fiscal years the 5 Department of Revenue shall distribute to those 6 municipalities 100% of their Net State Sales Tax Increment 7 before any distribution to any other municipality and 8 regardless of whether or not those other municipalities will 9 receive 100% of their Net State Sales Tax Increment. For 10 Fiscal Year 1999, and every year thereafter until the year 11 2007, for any municipality that has not entered into a 12 contract or has not issued bonds prior to June 1, 1988 to 13 finance redevelopment project costs within a State Sales Tax 14 Boundary, the Net State Sales Tax Increment shall be 15 calculated as follows: By multiplying the Net State Sales Tax 16 Increment by 90% in the State Fiscal Year 1999; 80% in the 17 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 18 60% in the State Fiscal Year 2002; 50% in the State Fiscal 19 Year 2003; 40% in the State Fiscal Year 2004; 30% in the 20 State Fiscal Year 2005; 20% in the State Fiscal Year 2006; 21 and 10% in the State Fiscal Year 2007. No payment shall be 22 made for State Fiscal Year 2008 and thereafter. 23 Municipalities that issued bonds in connection with a 24 redevelopment project in a redevelopment project area within 25 the State Sales Tax Boundary prior to July 29, 1991, or that 26 entered into contracts in connection with a redevelopment 27 project in a redevelopment project area before June 1, 1988, 28 shall continue to receive their proportional share of the 29 Illinois Tax Increment Fund distribution until the date on 30 which the redevelopment project is completed or terminated, 31 or the date on which the bonds are retired or the contracts 32 are completed, whichever date occurs first. Refunding of any 33 bonds issued prior to July 29, 1991, shall not alter the Net 34 State Sales Tax Increment. HB0665 Enrolled -17- LRB9103358PTpk 1 (j) "State Utility Tax Increment Amount" means an amount 2 equal to the aggregate increase in State electric and gas tax 3 charges imposed on owners and tenants, other than residential 4 customers, of properties located within the redevelopment 5 project area under Section 9-222 of the Public Utilities Act, 6 over and above the aggregate of such charges as certified by 7 the Department of Revenue and paid by owners and tenants, 8 other than residential customers, of properties within the 9 redevelopment project area during the base year, which shall 10 be the calendar year immediately prior to the year of the 11 adoption of the ordinance authorizing tax increment 12 allocation financing. 13 (k) "Net State Utility Tax Increment" means the sum of 14 the following: (a) 80% of the first $100,000 of State Utility 15 Tax Increment annually generated by a redevelopment project 16 area; (b) 60% of the amount in excess of $100,000 but not 17 exceeding $500,000 of the State Utility Tax Increment 18 annually generated by a redevelopment project area; and (c) 19 40% of all amounts in excess of $500,000 of State Utility Tax 20 Increment annually generated by a redevelopment project area. 21 For the State Fiscal Year 1999, and every year thereafter 22 until the year 2007, for any municipality that has not 23 entered into a contract or has not issued bonds prior to June 24 1, 1988 to finance redevelopment project costs within a 25 redevelopment project area, the Net State Utility Tax 26 Increment shall be calculated as follows: By multiplying the 27 Net State Utility Tax Increment by 90% in the State Fiscal 28 Year 1999; 80% in the State Fiscal Year 2000; 70% in the 29 State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 30 50% in the State Fiscal Year 2003; 40% in the State Fiscal 31 Year 2004; 30% in the State Fiscal Year 2005; 20% in the 32 State Fiscal Year 2006; and 10% in the State Fiscal Year 33 2007. No payment shall be made for the State Fiscal Year 2008 34 and thereafter. HB0665 Enrolled -18- LRB9103358PTpk 1 Municipalities that issue bonds in connection with the 2 redevelopment project during the period from June 1, 1988 3 until 3 years after the effective date of this Amendatory Act 4 of 1988 shall receive the Net State Utility Tax Increment, 5 subject to appropriation, for 15 State Fiscal Years after the 6 issuance of such bonds. For the 16th through the 20th State 7 Fiscal Years after issuance of the bonds, the Net State 8 Utility Tax Increment shall be calculated as follows: By 9 multiplying the Net State Utility Tax Increment by 90% in 10 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 11 50% in year 20. Refunding of any bonds issued prior to June 12 1, 1988, shall not alter the revised Net State Utility Tax 13 Increment payments set forth above. 14 (l) "Obligations" mean bonds, loans, debentures, notes, 15 special certificates or other evidence of indebtedness issued 16 by the municipality to carry out a redevelopment project or 17 to refund outstanding obligations. 18 (m) "Payment in lieu of taxes" means those estimated tax 19 revenues from real property in a redevelopment project area 20 derived from real property that has been acquired by a 21 municipality which according to the redevelopment project or 22 plan is to be used for a private use which taxing districts 23 would have received had a municipality not acquired the real 24 property and adopted tax increment allocation financing and 25 which would result from levies made after the time of the 26 adoption of tax increment allocation financing to the time 27 the current equalized value of real property in the 28 redevelopment project area exceeds the total initial 29 equalized value of real property in said area. 30 (n) "Redevelopment plan" means the comprehensive program 31 of the municipality for development or redevelopment intended 32 by the payment of redevelopment project costs to reduce or 33 eliminate those conditions the existence of which qualified 34 the redevelopment project area as a "blighted area" or HB0665 Enrolled -19- LRB9103358PTpk 1 "conservation area" or combination thereof or "industrial 2 park conservation area," and thereby to enhance the tax bases 3 of the taxing districts which extend into the redevelopment 4 project area. On and after November 1, 1999 (the effective 5 date of Public Act 91-478)this amendatory Act of the 91st6General Assembly, no redevelopment plan may be approved or 7 amended that includes the development of vacant land (i) with 8 a golf course and related clubhouse and other facilities or 9 (ii) designated by federal, State, county, or municipal 10 government as public land for outdoor recreational activities 11 or for nature preserves and used for that purpose within 5 12 years prior to the adoption of the redevelopment plan. For 13 the purpose of this subsection, "recreational activities" is 14 limited to mean camping and hunting. Each redevelopment plan 15 shall set forth in writing the program to be undertaken to 16 accomplish the objectives and shall include but not be 17 limited to: 18 (A) an itemized list of estimated redevelopment 19 project costs; 20 (B) evidence indicating that the redevelopment 21 project area on the whole has not been subject to growth 22 and development through investment by private enterprise; 23 (C) an assessment of any financial impact of the 24 redevelopment project area on or any increased demand for 25 services from any taxing district affected by the plan 26 and any program to address such financial impact or 27 increased demand; 28 (D) the sources of funds to pay costs; 29 (E) the nature and term of the obligations to be 30 issued; 31 (F) the most recent equalized assessed valuation of 32 the redevelopment project area; 33 (G) an estimate as to the equalized assessed 34 valuation after redevelopment and the general land uses HB0665 Enrolled -20- LRB9103358PTpk 1 to apply in the redevelopment project area; 2 (H) a commitment to fair employment practices and 3 an affirmative action plan; 4 (I) if it concerns an industrial park conservation 5 area, the plan shall also include a general description 6 of any proposed developer, user and tenant of any 7 property, a description of the type, structure and 8 general character of the facilities to be developed, a 9 description of the type, class and number of new 10 employees to be employed in the operation of the 11 facilities to be developed; and 12 (J) if property is to be annexed to the 13 municipality, the plan shall include the terms of the 14 annexation agreement. 15 The provisions of items (B) and (C) of this subsection 16 (n) shall not apply to a municipality that before March 14, 17 1994 (the effective date of Public Act 88-537) had fixed, 18 either by its corporate authorities or by a commission 19 designated under subsection (k) of Section 11-74.4-4, a time 20 and place for a public hearing as required by subsection (a) 21 of Section 11-74.4-5. No redevelopment plan shall be adopted 22 unless a municipality complies with all of the following 23 requirements: 24 (1) The municipality finds that the redevelopment 25 project area on the whole has not been subject to growth 26 and development through investment by private enterprise 27 and would not reasonably be anticipated to be developed 28 without the adoption of the redevelopment plan. 29 (2) The municipality finds that the redevelopment 30 plan and project conform to the comprehensive plan for 31 the development of the municipality as a whole, or, for 32 municipalities with a population of 100,000 or more, 33 regardless of when the redevelopment plan and project was 34 adopted, the redevelopment plan and project either: (i) HB0665 Enrolled -21- LRB9103358PTpk 1 conforms to the strategic economic development or 2 redevelopment plan issued by the designated planning 3 authority of the municipality, or (ii) includes land uses 4 that have been approved by the planning commission of the 5 municipality. 6 (3) The redevelopment plan establishes the 7 estimated dates of completion of the redevelopment 8 project and retirement of obligations issued to finance 9 redevelopment project costs. Those dates shall not be 10 later than December 31 of the year in which the payment 11 to the municipal treasurer as provided in subsection (b) 12 of Section 11-74.4-8 of this Act is to be made with 13 respect to ad valorem taxes levied in the twenty-third 14 calendar year after the year in which the ordinance 15 approving the redevelopment project area is adopted if 16 the ordinance was adopted on or after January 15, 1981, 17 and not later than December 31 of the year in which the 18 payment to the municipal treasurer as provided in 19 subsection (b) of Section 11-74.4-8 of this Act is to be 20 made with respect to ad valorem taxes levied in the 21 thirty-fifth calendar year after the year in which the 22 ordinance approving the redevelopment project area is 23 adopted: 24 (A) if the ordinance was adopted before 25 January 15, 1981, or 26 (B) if the ordinance was adopted in December 27 1983, April 1984, July 1985, or December 1989, or 28 (C) if the ordinance was adopted in December 29 1987 and the redevelopment project is located within 30 one mile of Midway Airport, or 31 (D) if the ordinance was adopted before 32 January 1, 1987 by a municipality in Mason County, 33 or 34 (E) if the municipality is subject to the HB0665 Enrolled -22- LRB9103358PTpk 1 Local Government Financial Planning and Supervision 2 Act, or 3 (F) if the ordinance was adopted in December 4 1984 by the Village of Rosemont, or 5 (G) if the ordinance was adopted on December 6 31, 1986 by a municipality located in Clinton County 7 for which at least $250,000 of tax increment bonds 8 were authorized on June 17, 1997, or if the 9 ordinance was adopted on December 31, 1986 by a 10 municipality with a population in 1990 of less than 11 3,600 that is located in a county with a population 12 in 1990 of less than 34,000 and for which at least 13 $250,000 of tax increment bonds were authorized on 14 June 17, 1997, or 15 (H) if the ordinance was adopted on October 5, 16 1982 by the City of Kankakee, or if the ordinance 17 was adopted on December 29, 1986 by East St. Louis, 18 or 19 (I) if the ordinance was adopted on November 20 12, 1991 by the Village of Sauget, or 21 (J) if the ordinance was adopted on February 22 11, 1985 by the City of Rock Island, or 23 (K) if the ordinance was adopted before 24 December 18, 1986 by the City of Moline. 25 However, for redevelopment project areas for which 26 bonds were issued before July 29, 1991, or for which 27 contracts were entered into before June 1, 1988, in 28 connection with a redevelopment project in the area 29 within the State Sales Tax Boundary, the estimated dates 30 of completion of the redevelopment project and retirement 31 of obligations to finance redevelopment project costs may 32 be extended by municipal ordinance to December 31, 2013. 33 The extension allowed by this amendatory Act of 1993 34 shall not apply to real property tax increment allocation HB0665 Enrolled -23- LRB9103358PTpk 1 financing under Section 11-74.4-8. 2 A municipality may by municipal ordinance amend an 3 existing redevelopment plan to conform to this paragraph 4 (3) as amended by Public Act 91-478this amendatory Act5of the 91st General Assembly, which municipal ordinance 6 may be adopted without further hearing or notice and 7 without complying with the procedures provided in this 8 Act pertaining to an amendment to or the initial approval 9 of a redevelopment plan and project and designation of a 10 redevelopment project area. 11 Those dates, for purposes of real property tax 12 increment allocation financing pursuant to Section 13 11-74.4-8 only, shall be not more than 35 years for 14 redevelopment project areas that were adopted on or after 15 December 16, 1986 and for which at least $8 million worth 16 of municipal bonds were authorized on or after December 17 19, 1989 but before January 1, 1990; provided that the 18 municipality elects to extend the life of the 19 redevelopment project area to 35 years by the adoption of 20 an ordinance after at least 14 but not more than 30 days' 21 written notice to the taxing bodies, that would otherwise 22 constitute the joint review board for the redevelopment 23 project area, before the adoption of the ordinance. 24 Those dates, for purposes of real property tax 25 increment allocation financing pursuant to Section 26 11-74.4-8 only, shall be not more than 35 years for 27 redevelopment project areas that were established on or 28 after December 1, 1981 but before January 1, 1982 and for 29 which at least $1,500,000 worth of tax increment revenue 30 bonds were authorized on or after September 30, 1990 but 31 before July 1, 1991; provided that the municipality 32 elects to extend the life of the redevelopment project 33 area to 35 years by the adoption of an ordinance after at 34 least 14 but not more than 30 days' written notice to the HB0665 Enrolled -24- LRB9103358PTpk 1 taxing bodies, that would otherwise constitute the joint 2 review board for the redevelopment project area, before 3 the adoption of the ordinance. 4 (3.5) The municipality finds, in the case of an 5 industrial park conservation area, also that the 6 municipality is a labor surplus municipality and that the 7 implementation of the redevelopment plan will reduce 8 unemployment, create new jobs and by the provision of new 9 facilities enhance the tax base of the taxing districts 10 that extend into the redevelopment project area. 11 (4) If any incremental revenues are being utilized 12 under Section 8(a)(1) or 8(a)(2) of this Act in 13 redevelopment project areas approved by ordinance after 14 January 1, 1986, the municipality finds: (a) that the 15 redevelopment project area would not reasonably be 16 developed without the use of such incremental revenues, 17 and (b) that such incremental revenues will be 18 exclusively utilized for the development of the 19 redevelopment project area. 20 (5) On and after November 1, 1999the effective21date of this amendatory Act of the 91st General Assembly, 22 if the redevelopment plan will not result in displacement 23 of residents from inhabited units, and the municipality 24 certifies in the plan that displacement will not result 25 from the plan, a housing impact study need not be 26 performed. If, however, the redevelopment plan would 27 result in the displacement of residents from 10 or more 28 inhabited residential units, or if the redevelopment 29 project area contains 75 or more inhabited residential 30 units and no certification is made, then the municipality 31 shall prepare, as part of the separate feasibility report 32 required by subsection (a) of Section 11-74.4-5, a 33 housing impact study. 34 Part I of the housing impact study shall include (i) HB0665 Enrolled -25- LRB9103358PTpk 1 data as to whether the residential units are single 2 family or multi-family units, (ii) the number and type of 3 rooms within the units, if that information is available, 4 (iii) whether the units are inhabited or uninhabited, as 5 determined not less than 45 days before the date that the 6 ordinance or resolution required by subsection (a) of 7 Section 11-74.4-5 is passed, and (iv) data as to the 8 racial and ethnic composition of the residents in the 9 inhabited residential units. The data requirement as to 10 the racial and ethnic composition of the residents in the 11 inhabited residential units shall be deemed to be fully 12 satisfied by data from the most recent federal census. 13 Part II of the housing impact study shall identify 14 the inhabited residential units in the proposed 15 redevelopment project area that are to be or may be 16 removed. If inhabited residential units are to be 17 removed, then the housing impact study shall identify (i) 18 the number and location of those units that will or may 19 be removed, (ii) the municipality's plans for relocation 20 assistance for those residents in the proposed 21 redevelopment project area whose residences are to be 22 removed, (iii) the availability of replacement housing 23 for those residents whose residences are to be removed, 24 and shall identify the type, location, and cost of the 25 housing, and (iv) the type and extent of relocation 26 assistance to be provided. 27 (6) On and after November 1, 1999the effective28date of this amendatory Act of the 91st General Assembly, 29 the housing impact study required by paragraph (5) shall 30 be incorporated in the redevelopment plan for the 31 redevelopment project area. 32 (7) On and after November 1, 1999the effective33date of this amendatory Act of the 91st General Assembly, 34 no redevelopment plan shall be adopted, nor an existing HB0665 Enrolled -26- LRB9103358PTpk 1 plan amended, nor shall residential housing that is 2 occupied by households of low-income and very low-income 3 persons in currently existing redevelopment project areas 4 be removed after November 1, 1999the effective date of5this amendatory Act of the 91st General Assemblyunless 6 the redevelopment plan provides, with respect to 7 inhabited housing units that are to be removed for 8 households of low-income and very low-income persons, 9 affordable housing and relocation assistance not less 10 than that which would be provided under the federal 11 Uniform Relocation Assistance and Real Property 12 Acquisition Policies Act of 1970 and the regulations 13 under that Act, including the eligibility criteria. 14 Affordable housing may be either existing or newly 15 constructed housing. For purposes of this paragraph (7), 16 "low-income households", "very low-income households", 17 and "affordable housing" have the meanings set forth in 18 the Illinois Affordable Housing Act. The municipality 19 shall make a good faith effort to ensure that this 20 affordable housing is located in or near the 21 redevelopment project area within the municipality. 22 (8) On and after November 1, 1999the effective23date of this amendatory Act of the 91st General Assembly, 24 if, after the adoption of the redevelopment plan for the 25 redevelopment project area, any municipality desires to 26 amend its redevelopment plan to remove more inhabited 27 residential units than specified in its original 28 redevelopment plan, that increase in the number of units 29 to be removed shall be deemed to be a change in the 30 nature of the redevelopment plan as to require compliance 31 with the procedures in this Act pertaining to the initial 32 approval of a redevelopment plan. 33 (o) "Redevelopment project" means any public and private 34 development project in furtherance of the objectives of a HB0665 Enrolled -27- LRB9103358PTpk 1 redevelopment plan. On and after November 1, 1999 (the 2 effective date of Public Act 91-478)this amendatory Act of3the 91st General Assembly, no redevelopment plan may be 4 approved or amended that includes the development of vacant 5 land (i) with a golf course and related clubhouse and other 6 facilities or (ii) designated by federal, State, county, or 7 municipal government as public land for outdoor recreational 8 activities or for nature preserves and used for that purpose 9 within 5 years prior to the adoption of the redevelopment 10 plan. For the purpose of this subsection, "recreational 11 activities" is limited to mean camping and hunting. 12 (p) "Redevelopment project area" means an area 13 designated by the municipality, which is not less in the 14 aggregate than 1 1/2 acres and in respect to which the 15 municipality has made a finding that there exist conditions 16 which cause the area to be classified as an industrial park 17 conservation area or a blighted area or a conservation area, 18 or a combination of both blighted areas and conservation 19 areas. 20 (q) "Redevelopment project costs" mean and include the 21 sum total of all reasonable or necessary costs incurred or 22 estimated to be incurred, and any such costs incidental to a 23 redevelopment plan and a redevelopment project. Such costs 24 include, without limitation, the following: 25 (1) Costs of studies, surveys, development of 26 plans, and specifications, implementation and 27 administration of the redevelopment plan including but 28 not limited to staff and professional service costs for 29 architectural, engineering, legal, financial, planning or 30 other services, provided however that no charges for 31 professional services may be based on a percentage of the 32 tax increment collected; except that on and after 33 November 1, 1999 (the effective date of Public Act 34 91-478)this amendatory Act of the 91st General Assembly, HB0665 Enrolled -28- LRB9103358PTpk 1 no contracts for professional services, excluding 2 architectural and engineering services, may be entered 3 into if the terms of the contract extend beyond a period 4 of 3 years. In addition, "redevelopment project costs" 5 shall not include lobbying expenses. After consultation 6 with the municipality, each tax increment consultant or 7 advisor to a municipality that plans to designate or has 8 designated a redevelopment project area shall inform the 9 municipality in writing of any contracts that the 10 consultant or advisor has entered into with entities or 11 individuals that have received, or are receiving, 12 payments financed by tax increment revenues produced by 13 the redevelopment project area with respect to which the 14 consultant or advisor has performed, or will be 15 performing, service for the municipality. This 16 requirement shall be satisfied by the consultant or 17 advisor before the commencement of services for the 18 municipality and thereafter whenever any other contracts 19 with those individuals or entities are executed by the 20 consultant or advisor; 21 (1.5) After July 1, 1999, annual administrative 22 costs shall not include general overhead or 23 administrative costs of the municipality that would still 24 have been incurred by the municipality if the 25 municipality had not designated a redevelopment project 26 area or approved a redevelopment plan; 27 (1.6) The cost of marketing sites within the 28 redevelopment project area to prospective businesses, 29 developers, and investors; 30 (2) Property assembly costs, including but not 31 limited to acquisition of land and other property, real 32 or personal, or rights or interests therein, demolition 33 of buildings, site preparation, site improvements that 34 serve as an engineered barrier addressing ground level or HB0665 Enrolled -29- LRB9103358PTpk 1 below ground environmental contamination, including, but 2 not limited to parking lots and other concrete or asphalt 3 barriers, and the clearing and grading of land; 4 (3) Costs of rehabilitation, reconstruction or 5 repair or remodeling of existing public or private 6 buildings, fixtures, and leasehold improvements; and the 7 cost of replacing an existing public building if pursuant 8 to the implementation of a redevelopment project the 9 existing public building is to be demolished to use the 10 site for private investment or devoted to a different use 11 requiring private investment; 12 (4) Costs of the construction of public works or 13 improvements, except that on and after November 1, 1999 14the effective date of this amendatory Act of the 91st15General Assembly, redevelopment project costs shall not 16 include the cost of constructing a new municipal public 17 building principally used to provide offices, storage 18 space, or conference facilities or vehicle storage, 19 maintenance, or repair for administrative, public safety, 20 or public works personnel and that is not intended to 21 replace an existing public building as provided under 22 paragraph (3) of subsection (q) of Section 11-74.4-3 23 unless either (i) the construction of the new municipal 24 building implements a redevelopment project that was 25 included in a redevelopment plan that was adopted by the 26 municipality prior to November 1, 1999the effective date27of this amendatory Act of the 91st General Assemblyor 28 (ii) the municipality makes a reasonable determination in 29 the redevelopment plan, supported by information that 30 provides the basis for that determination, that the new 31 municipal building is required to meet an increase in the 32 need for public safety purposes anticipated to result 33 from the implementation of the redevelopment plan; 34 (5) Costs of job training and retraining projects, HB0665 Enrolled -30- LRB9103358PTpk 1 including the cost of "welfare to work" programs 2 implemented by businesses located within the 3 redevelopment project area; 4 (6) Financing costs, including but not limited to 5 all necessary and incidental expenses related to the 6 issuance of obligations and which may include payment of 7 interest on any obligations issued hereunder including 8 interest accruing during the estimated period of 9 construction of any redevelopment project for which such 10 obligations are issued and for not exceeding 36 months 11 thereafter and including reasonable reserves related 12 thereto; 13 (7) To the extent the municipality by written 14 agreement accepts and approves the same, all or a portion 15 of a taxing district's capital costs resulting from the 16 redevelopment project necessarily incurred or to be 17 incurred within a taxing district in furtherance of the 18 objectives of the redevelopment plan and project. 19 (7.5) For redevelopment project areas designated 20 (or redevelopment project areas amended to add or 21 increase the number of tax-increment-financing assisted 22 housing units) on or after November 1, 1999the effective23date of this amendatory Act of the 91st General Assembly, 24 an elementary, secondary, or unit school district's 25 increased costs attributable to assisted housing units 26 located within the redevelopment project area for which 27 the developer or redeveloper receives financial 28 assistance through an agreement with the municipality or 29 because the municipality incurs the cost of necessary 30 infrastructure improvements within the boundaries of the 31 assisted housing sites necessary for the completion of 32 that housing as authorized by this Act, and which costs 33 shall be paid by the municipality from the Special Tax 34 Allocation Fund when the tax increment revenue is HB0665 Enrolled -31- LRB9103358PTpk 1 received as a result of the assisted housing units and 2 shall be calculated annually as follows: 3 (A) for foundation districts, excluding any 4 school district in a municipality with a population 5 in excess of 1,000,000, by multiplying the 6 district's increase in attendance resulting from the 7 net increase in new students enrolled in that school 8 district who reside in housing units within the 9 redevelopment project area that have received 10 financial assistance through an agreement with the 11 municipality or because the municipality incurs the 12 cost of necessary infrastructure improvements within 13 the boundaries of the housing sites necessary for 14 the completion of that housing as authorized by this 15 Act since the designation of the redevelopment 16 project area by the most recently available per 17 capita tuition cost as defined in Section 10-20.12a 18 of the School Code less any increase in general 19 State aid as defined in Section 18-8.05 of the 20 School Code attributable to these added new students 21 subject to the following annual limitations: 22 (i) for unit school districts with a 23 district average 1995-96 Per Capita Tuition 24 Charge of less than $5,900, no more than 25% of 25 the total amount of property tax increment 26 revenue produced by those housing units that 27 have received tax increment finance assistance 28 under this Act; 29 (ii) for elementary school districts with 30 a district average 1995-96 Per Capita Tuition 31 Charge of less than $5,900, no more than 17% of 32 the total amount of property tax increment 33 revenue produced by those housing units that 34 have received tax increment finance assistance HB0665 Enrolled -32- LRB9103358PTpk 1 under this Act; and 2 (iii) for secondary school districts with 3 a district average 1995-96 Per Capita Tuition 4 Charge of less than $5,900, no more than 8% of 5 the total amount of property tax increment 6 revenue produced by those housing units that 7 have received tax increment finance assistance 8 under this Act. 9 (B) For alternate method districts, flat grant 10 districts, and foundation districts with a district 11 average 1995-96 Per Capita Tuition Charge equal to 12 or more than $5,900, excluding any school district 13 with a population in excess of 1,000,000, by 14 multiplying the district's increase in attendance 15 resulting from the net increase in new students 16 enrolled in that school district who reside in 17 housing units within the redevelopment project area 18 that have received financial assistance through an 19 agreement with the municipality or because the 20 municipality incurs the cost of necessary 21 infrastructure improvements within the boundaries of 22 the housing sites necessary for the completion of 23 that housing as authorized by this Act since the 24 designation of the redevelopment project area by the 25 most recently available per capita tuition cost as 26 defined in Section 10-20.12a of the School Code less 27 any increase in general state aid as defined in 28 Section 18-8.05 of the School Code attributable to 29 these added new students subject to the following 30 annual limitations: 31 (i) for unit school districts, no more 32 than 40% of the total amount of property tax 33 increment revenue produced by those housing 34 units that have received tax increment finance HB0665 Enrolled -33- LRB9103358PTpk 1 assistance under this Act; 2 (ii) for elementary school districts, no 3 more than 27% of the total amount of property 4 tax increment revenue produced by those housing 5 units that have received tax increment finance 6 assistance under this Act; and 7 (iii) for secondary school districts, no 8 more than 13% of the total amount of property 9 tax increment revenue produced by those housing 10 units that have received tax increment finance 11 assistance under this Act. 12 (C) For any school district in a municipality 13 with a population in excess of 1,000,000, the 14 following restrictions shall apply to the 15 reimbursement of increased costs under this 16 paragraph (7.5): 17 (i) no increased costs shall be 18 reimbursed unless the school district certifies 19 that each of the schools affected by the 20 assisted housing project is at or over its 21 student capacity; 22 (ii) the amount reimburseable shall be 23 reduced by the value of any land donated to the 24 school district by the municipality or 25 developer, and by the value of any physical 26 improvements made to the schools by the 27 municipality or developer; and 28 (iii) the amount reimbursed may not 29 affect amounts otherwise obligated by the terms 30 of any bonds, notes, or other funding 31 instruments, or the terms of any redevelopment 32 agreement. 33 Any school district seeking payment under this 34 paragraph (7.5) shall, after July 1 and before HB0665 Enrolled -34- LRB9103358PTpk 1 September 30 of each year, provide the municipality 2 with reasonable evidence to support its claim for 3 reimbursement before the municipality shall be 4 required to approve or make the payment to the 5 school district. If the school district fails to 6 provide the information during this period in any 7 year, it shall forfeit any claim to reimbursement 8 for that year. School districts may adopt a 9 resolution waiving the right to all or a portion of 10 the reimbursement otherwise required by this 11 paragraph (7.5). By acceptance of this 12 reimbursement the school district waives the right 13 to directly or indirectly set aside, modify, or 14 contest in any manner the establishment of the 15 redevelopment project area or projects; 16 (8) Relocation costs to the extent that a 17 municipality determines that relocation costs shall be 18 paid or is required to make payment of relocation costs 19 by federal or State law or in order to satisfy 20 subparagraph (7) of subsection (n); 21 (9) Payment in lieu of taxes; 22 (10) Costs of job training, retraining, advanced 23 vocational education or career education, including but 24 not limited to courses in occupational, semi-technical or 25 technical fields leading directly to employment, incurred 26 by one or more taxing districts, provided that such costs 27 (i) are related to the establishment and maintenance of 28 additional job training, advanced vocational education or 29 career education programs for persons employed or to be 30 employed by employers located in a redevelopment project 31 area; and (ii) when incurred by a taxing district or 32 taxing districts other than the municipality, are set 33 forth in a written agreement by or among the municipality 34 and the taxing district or taxing districts, which HB0665 Enrolled -35- LRB9103358PTpk 1 agreement describes the program to be undertaken, 2 including but not limited to the number of employees to 3 be trained, a description of the training and services to 4 be provided, the number and type of positions available 5 or to be available, itemized costs of the program and 6 sources of funds to pay for the same, and the term of the 7 agreement. Such costs include, specifically, the payment 8 by community college districts of costs pursuant to 9 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public 10 Community College Act and by school districts of costs 11 pursuant to Sections 10-22.20a and 10-23.3a of The School 12 Code; 13 (11) Interest cost incurred by a redeveloper 14 related to the construction, renovation or rehabilitation 15 of a redevelopment project provided that: 16 (A) such costs are to be paid directly from 17 the special tax allocation fund established pursuant 18 to this Act; 19 (B) such payments in any one year may not 20 exceed 30% of the annual interest costs incurred by 21 the redeveloper with regard to the redevelopment 22 project during that year; 23 (C) if there are not sufficient funds 24 available in the special tax allocation fund to make 25 the payment pursuant to this paragraph (11) then the 26 amounts so due shall accrue and be payable when 27 sufficient funds are available in the special tax 28 allocation fund; 29 (D) the total of such interest payments paid 30 pursuant to this Act may not exceed 30% of the total 31 (i) cost paid or incurred by the redeveloper for the 32 redevelopment project plus (ii) redevelopment 33 project costs excluding any property assembly costs 34 and any relocation costs incurred by a municipality HB0665 Enrolled -36- LRB9103358PTpk 1 pursuant to this Act; and 2 (E) the cost limits set forth in subparagraphs 3 (B) and (D) of paragraph (11) shall be modified for 4 the financing of rehabilitated or new housing units 5 for low-income households and very low-income 6 households, as defined in Section 3 of the Illinois 7 Affordable Housing Act. The percentage of 75% shall 8 be substituted for 30% in subparagraphs (B) and (D) 9 of paragraph (11). 10 (F) Instead of the eligible costs provided by 11 subparagraphs (B) and (D) of paragraph (11), as 12 modified by this subparagraph, and notwithstanding 13 any other provisions of this Act to the contrary, 14 the municipality may pay from tax increment revenues 15 up to 50% of the cost of construction of new housing 16 units to be occupied by low-income households and 17 very low-income households as defined in Section 3 18 of the Illinois Affordable Housing Act. The cost of 19 construction of those units may be derived from the 20 proceeds of bonds issued by the municipality under 21 this Act or other constitutional or statutory 22 authority or from other sources of municipal revenue 23 that may be reimbursed from tax increment revenues 24 or the proceeds of bonds issued to finance the 25 construction of that housing. 26 The eligible costs provided under this 27 subparagraph (F) of paragraph (11) shall be an 28 eligible cost for the construction, renovation, and 29 rehabilitation of all low and very low-income 30 housing units, as defined in Section 3 of the 31 Illinois Affordable Housing Act, within the 32 redevelopment project area. If the low and very 33 low-income units are part of a residential 34 redevelopment project that includes units not HB0665 Enrolled -37- LRB9103358PTpk 1 affordable to low and very low-income households, 2 only the low and very low-income units shall be 3 eligible for benefits under subparagraph (F) of 4 paragraph (11). The standards for maintaining the 5 occupancy by low-income households and very 6 low-income households, as defined in Section 3 of 7 the Illinois Affordable Housing Act, of those units 8 constructed with eligible costs made available under 9 the provisions of this subparagraph (F) of paragraph 10 (11) shall be established by guidelines adopted by 11 the municipality. The responsibility for annually 12 documenting the initial occupancy of the units by 13 low-income households and very low-income 14 households, as defined in Section 3 of the Illinois 15 Affordable Housing Act, shall be that of the then 16 current owner of the property. For ownership units, 17 the guidelines will provide, at a minimum, for a 18 reasonable recapture of funds, or other appropriate 19 methods designed to preserve the original 20 affordability of the ownership units. For rental 21 units, the guidelines will provide, at a minimum, 22 for the affordability of rent to low and very 23 low-income households. As units become available, 24 they shall be rented to income-eligible tenants. 25 The municipality may modify these guidelines from 26 time to time; the guidelines, however, shall be in 27 effect for as long as tax increment revenue is being 28 used to pay for costs associated with the units or 29 for the retirement of bonds issued to finance the 30 units or for the life of the redevelopment project 31 area, whichever is later. 32 (11.5) If the redevelopment project area is located 33 within a municipality with a population of more than 34 100,000, the cost of day care services for children of HB0665 Enrolled -38- LRB9103358PTpk 1 employees from low-income families working for businesses 2 located within the redevelopment project area and all or 3 a portion of the cost of operation of day care centers 4 established by redevelopment project area businesses to 5 serve employees from low-income families working in 6 businesses located in the redevelopment project area. 7 For the purposes of this paragraph, "low-income families" 8 means families whose annual income does not exceed 80% of 9 the municipal, county, or regional median income, 10 adjusted for family size, as the annual income and 11 municipal, county, or regional median income are 12 determined from time to time by the United States 13 Department of Housing and Urban Development. 14 (12) Unless explicitly stated herein the cost of 15 construction of new privately-owned buildings shall not 16 be an eligible redevelopment project cost. 17 (13) After November 1, 1999 (the effective date of 18 Public Act 91-478)this amendatory Act of the 91st19General Assembly, none of the redevelopment project costs 20 enumerated in this subsection shall be eligible 21 redevelopment project costs if those costs would provide 22 direct financial support to a retail entity initiating 23 operations in the redevelopment project area while 24 terminating operations at another Illinois location 25 within 10 miles of the redevelopment project area but 26 outside the boundaries of the redevelopment project area 27 municipality. For purposes of this paragraph, 28 termination means a closing of a retail operation that is 29 directly related to the opening of the same operation or 30 like retail entity owned or operated by more than 50% of 31 the original ownership in a redevelopment project area, 32 but it does not mean closing an operation for reasons 33 beyond the control of the retail entity, as documented by 34 the retail entity, subject to a reasonable finding by the HB0665 Enrolled -39- LRB9103358PTpk 1 municipality that the current location contained 2 inadequate space, had become economically obsolete, or 3 was no longer a viable location for the retailer or 4 serviceman. 5 If a special service area has been established pursuant 6 to the Special Service Area Tax Act or Special Service Area 7 Tax Law, then any tax increment revenues derived from the tax 8 imposed pursuant to the Special Service Area Tax Act or 9 Special Service Area Tax Law may be used within the 10 redevelopment project area for the purposes permitted by that 11 Act or Law as well as the purposes permitted by this Act. 12 (r) "State Sales Tax Boundary" means the redevelopment 13 project area or the amended redevelopment project area 14 boundaries which are determined pursuant to subsection (9) of 15 Section 11-74.4-8a of this Act. The Department of Revenue 16 shall certify pursuant to subsection (9) of Section 17 11-74.4-8a the appropriate boundaries eligible for the 18 determination of State Sales Tax Increment. 19 (s) "State Sales Tax Increment" means an amount equal to 20 the increase in the aggregate amount of taxes paid by 21 retailers and servicemen, other than retailers and servicemen 22 subject to the Public Utilities Act, on transactions at 23 places of business located within a State Sales Tax Boundary 24 pursuant to the Retailers' Occupation Tax Act, the Use Tax 25 Act, the Service Use Tax Act, and the Service Occupation Tax 26 Act, except such portion of such increase that is paid into 27 the State and Local Sales Tax Reform Fund, the Local 28 Government Distributive Fund, the Local Government Tax 29 Fund and the County and Mass Transit District Fund, for as 30 long as State participation exists, over and above the 31 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 32 or the Revised Initial Sales Tax Amounts for such taxes as 33 certified by the Department of Revenue and paid under those 34 Acts by retailers and servicemen on transactions at places of HB0665 Enrolled -40- LRB9103358PTpk 1 business located within the State Sales Tax Boundary during 2 the base year which shall be the calendar year immediately 3 prior to the year in which the municipality adopted tax 4 increment allocation financing, less 3.0% of such amounts 5 generated under the Retailers' Occupation Tax Act, Use Tax 6 Act and Service Use Tax Act and the Service Occupation Tax 7 Act, which sum shall be appropriated to the Department of 8 Revenue to cover its costs of administering and enforcing 9 this Section. For purposes of computing the aggregate amount 10 of such taxes for base years occurring prior to 1985, the 11 Department of Revenue shall compute the Initial Sales Tax 12 Amount for such taxes and deduct therefrom an amount equal to 13 4% of the aggregate amount of taxes per year for each year 14 the base year is prior to 1985, but not to exceed a total 15 deduction of 12%. The amount so determined shall be known as 16 the "Adjusted Initial Sales Tax Amount". For purposes of 17 determining the State Sales Tax Increment the Department of 18 Revenue shall for each period subtract from the tax amounts 19 received from retailers and servicemen on transactions 20 located in the State Sales Tax Boundary, the certified 21 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts 22 or Revised Initial Sales Tax Amounts for the Retailers' 23 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act 24 and the Service Occupation Tax Act. For the State Fiscal 25 Year 1989 this calculation shall be made by utilizing the 26 calendar year 1987 to determine the tax amounts received. For 27 the State Fiscal Year 1990, this calculation shall be made by 28 utilizing the period from January 1, 1988, until September 29 30, 1988, to determine the tax amounts received from 30 retailers and servicemen, which shall have deducted therefrom 31 nine-twelfths of the certified Initial Sales Tax Amounts, 32 Adjusted Initial Sales Tax Amounts or the Revised Initial 33 Sales Tax Amounts as appropriate. For the State Fiscal Year 34 1991, this calculation shall be made by utilizing the period HB0665 Enrolled -41- LRB9103358PTpk 1 from October 1, 1988, until June 30, 1989, to determine the 2 tax amounts received from retailers and servicemen, which 3 shall have deducted therefrom nine-twelfths of the certified 4 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax 5 Amounts or the Revised Initial Sales Tax Amounts as 6 appropriate. For every State Fiscal Year thereafter, the 7 applicable period shall be the 12 months beginning July 1 and 8 ending on June 30, to determine the tax amounts received 9 which shall have deducted therefrom the certified Initial 10 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the 11 Revised Initial Sales Tax Amounts. Municipalities intending 12 to receive a distribution of State Sales Tax Increment must 13 report a list of retailers to the Department of Revenue by 14 October 31, 1988 and by July 31, of each year thereafter. 15 (t) "Taxing districts" means counties, townships, cities 16 and incorporated towns and villages, school, road, park, 17 sanitary, mosquito abatement, forest preserve, public health, 18 fire protection, river conservancy, tuberculosis sanitarium 19 and any other municipal corporations or districts with the 20 power to levy taxes. 21 (u) "Taxing districts' capital costs" means those costs 22 of taxing districts for capital improvements that are found 23 by the municipal corporate authorities to be necessary and 24 directly result from the redevelopment project. 25 (v) As used in subsection (a) of Section 11-74.4-3 of 26 this Act, "vacant land" means any parcel or combination of 27 parcels of real property without industrial, commercial, and 28 residential buildings which has not been used for commercial 29 agricultural purposes within 5 years prior to the designation 30 of the redevelopment project area, unless the parcel is 31 included in an industrial park conservation area or the 32 parcel has been subdivided; provided that if the parcel was 33 part of a larger tract that has been divided into 3 or more 34 smaller tracts that were accepted for recording during the HB0665 Enrolled -42- LRB9103358PTpk 1 period from 1950 to 1990, then the parcel shall be deemed to 2 have been subdivided, and all proceedings and actions of the 3 municipality taken in that connection with respect to any 4 previously approved or designated redevelopment project area 5 or amended redevelopment project area are hereby validated 6 and hereby declared to be legally sufficient for all purposes 7 of this Act. For purposes of this Section and only for land 8 subject to the subdivision requirements of the Plat Act, land 9 is subdivided when the original plat of the proposed 10 Redevelopment Project Area or relevant portion thereof has 11 been properly certified, acknowledged, approved, and recorded 12 or filed in accordance with the Plat Act and a preliminary 13 plat, if any, for any subsequent phases of the proposed 14 Redevelopment Project Area or relevant portion thereof has 15 been properly approved and filed in accordance with the 16 applicable ordinance of the municipality. 17 (w) "Annual Total Increment" means the sum of each 18 municipality's annual Net Sales Tax Increment and each 19 municipality's annual Net Utility Tax Increment. The ratio 20 of the Annual Total Increment of each municipality to the 21 Annual Total Increment for all municipalities, as most 22 recently calculated by the Department, shall determine the 23 proportional shares of the Illinois Tax Increment Fund to be 24 distributed to each municipality. 25 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99; 26 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff. 27 8-20-99; revised 10-14-99.) 28 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7) 29 Sec. 11-74.4-7. Obligations secured by the special tax 30 allocation fund set forth in Section 11-74.4-8 for the 31 redevelopment project area may be issued to provide for 32 redevelopment project costs. Such obligations, when so 33 issued, shall be retired in the manner provided in the HB0665 Enrolled -43- LRB9103358PTpk 1 ordinance authorizing the issuance of such obligations by the 2 receipts of taxes levied as specified in Section 11-74.4-9 3 against the taxable property included in the area, by 4 revenues as specified by Section 11-74.4-8a and other revenue 5 designated by the municipality. A municipality may in the 6 ordinance pledge all or any part of the funds in and to be 7 deposited in the special tax allocation fund created pursuant 8 to Section 11-74.4-8 to the payment of the redevelopment 9 project costs and obligations. Any pledge of funds in the 10 special tax allocation fund shall provide for distribution to 11 the taxing districts and to the Illinois Department of 12 Revenue of moneys not required, pledged, earmarked, or 13 otherwise designated for payment and securing of the 14 obligations and anticipated redevelopment project costs and 15 such excess funds shall be calculated annually and deemed to 16 be "surplus" funds. In the event a municipality only applies 17 or pledges a portion of the funds in the special tax 18 allocation fund for the payment or securing of anticipated 19 redevelopment project costs or of obligations, any such funds 20 remaining in the special tax allocation fund after complying 21 with the requirements of the application or pledge, shall 22 also be calculated annually and deemed "surplus" funds. All 23 surplus funds in the special tax allocation fund shall be 24 distributed annually within 180 days after the close of the 25 municipality's fiscal year by being paid by the municipal 26 treasurer to the County Collector, to the Department of 27 Revenue and to the municipality in direct proportion to the 28 tax incremental revenue received as a result of an increase 29 in the equalized assessed value of property in the 30 redevelopment project area, tax incremental revenue received 31 from the State and tax incremental revenue received from the 32 municipality, but not to exceed as to each such source the 33 total incremental revenue received from that source. The 34 County Collector shall thereafter make distribution to the HB0665 Enrolled -44- LRB9103358PTpk 1 respective taxing districts in the same manner and proportion 2 as the most recent distribution by the county collector to 3 the affected districts of real property taxes from real 4 property in the redevelopment project area. 5 Without limiting the foregoing in this Section, the 6 municipality may in addition to obligations secured by the 7 special tax allocation fund pledge for a period not greater 8 than the term of the obligations towards payment of such 9 obligations any part or any combination of the following: (a) 10 net revenues of all or part of any redevelopment project; (b) 11 taxes levied and collected on any or all property in the 12 municipality; (c) the full faith and credit of the 13 municipality; (d) a mortgage on part or all of the 14 redevelopment project; or (e) any other taxes or anticipated 15 receipts that the municipality may lawfully pledge. 16 Such obligations may be issued in one or more series 17 bearing interest at such rate or rates as the corporate 18 authorities of the municipality shall determine by ordinance. 19 Such obligations shall bear such date or dates, mature at 20 such time or times not exceeding 20 years from their 21 respective dates, be in such denomination, carry such 22 registration privileges, be executed in such manner, be 23 payable in such medium of payment at such place or places, 24 contain such covenants, terms and conditions, and be subject 25 to redemption as such ordinance shall provide. Obligations 26 issued pursuant to this Act may be sold at public or private 27 sale at such price as shall be determined by the corporate 28 authorities of the municipalities. No referendum approval of 29 the electors shall be required as a condition to the issuance 30 of obligations pursuant to this Division except as provided 31 in this Section. 32 In the event the municipality authorizes issuance of 33 obligations pursuant to the authority of this Division 34 secured by the full faith and credit of the municipality, HB0665 Enrolled -45- LRB9103358PTpk 1 which obligations are other than obligations which may be 2 issued under home rule powers provided by Article VII, 3 Section 6 of the Illinois Constitution, or pledges taxes 4 pursuant to (b) or (c) of the second paragraph of this 5 section, the ordinance authorizing the issuance of such 6 obligations or pledging such taxes shall be published within 7 10 days after such ordinance has been passed in one or more 8 newspapers, with general circulation within such 9 municipality. The publication of the ordinance shall be 10 accompanied by a notice of (1) the specific number of voters 11 required to sign a petition requesting the question of the 12 issuance of such obligations or pledging taxes to be 13 submitted to the electors; (2) the time in which such 14 petition must be filed; and (3) the date of the prospective 15 referendum. The municipal clerk shall provide a petition 16 form to any individual requesting one. 17 If no petition is filed with the municipal clerk, as 18 hereinafter provided in this Section, within 30 days after 19 the publication of the ordinance, the ordinance shall be in 20 effect. But, if within that 30 day period a petition is 21 filed with the municipal clerk, signed by electors in the 22 municipality numbering 10% or more of the number of 23 registered voters in the municipality, asking that the 24 question of issuing obligations using full faith and credit 25 of the municipality as security for the cost of paying for 26 redevelopment project costs, or of pledging taxes for the 27 payment of such obligations, or both, be submitted to the 28 electors of the municipality, the corporate authorities of 29 the municipality shall call a special election in the manner 30 provided by law to vote upon that question, or, if a general, 31 State or municipal election is to be held within a period of 32 not less than 30 or more than 90 days from the date such 33 petition is filed, shall submit the question at the next 34 general, State or municipal election. If it appears upon the HB0665 Enrolled -46- LRB9103358PTpk 1 canvass of the election by the corporate authorities that a 2 majority of electors voting upon the question voted in favor 3 thereof, the ordinance shall be in effect, but if a majority 4 of the electors voting upon the question are not in favor 5 thereof, the ordinance shall not take effect. 6 The ordinance authorizing the obligations may provide 7 that the obligations shall contain a recital that they are 8 issued pursuant to this Division, which recital shall be 9 conclusive evidence of their validity and of the regularity 10 of their issuance. 11 In the event the municipality authorizes issuance of 12 obligations pursuant to this Section secured by the full 13 faith and credit of the municipality, the ordinance 14 authorizing the obligations may provide for the levy and 15 collection of a direct annual tax upon all taxable property 16 within the municipality sufficient to pay the principal 17 thereof and interest thereon as it matures, which levy may be 18 in addition to and exclusive of the maximum of all other 19 taxes authorized to be levied by the municipality, which 20 levy, however, shall be abated to the extent that monies from 21 other sources are available for payment of the obligations 22 and the municipality certifies the amount of said monies 23 available to the county clerk. 24 A certified copy of such ordinance shall be filed with 25 the county clerk of each county in which any portion of the 26 municipality is situated, and shall constitute the authority 27 for the extension and collection of the taxes to be deposited 28 in the special tax allocation fund. 29 A municipality may also issue its obligations to refund 30 in whole or in part, obligations theretofore issued by such 31 municipality under the authority of this Act, whether at or 32 prior to maturity, provided however, that the last maturity 33 of the refunding obligations shall not be expressed to mature 34 later than December 31 of the year in which the payment to HB0665 Enrolled -47- LRB9103358PTpk 1 the municipal treasurer as provided in subsection (b) of 2 Section 11-74.4-8 of this Act is to be made with respect to 3 ad valorem taxes levied in the twenty-third calendar year 4 after the year in which the ordinance approving the 5 redevelopment project area is adopted if the ordinance was 6 adopted on or after January 15, 1981, and not later than 7 December 31 of the year in which the payment to the municipal 8 treasurer as provided in subsection (b) of Section 11-74.4-8 9 of this Act is to be made with respect to ad valorem taxes 10 levied in the thirty-fifth calendar year after the year in 11 which the ordinance approving the redevelopment project area 12 is adopted (A) if the ordinance was adopted before January 13 15, 1981, or (B) if the ordinance was adopted in December 14 1983, April 1984, July 1985, or December 1989, or (C) if the 15 ordinance was adopted in December, 1987 and the redevelopment 16 project is located within one mile of Midway Airport, or (D) 17 if the ordinance was adopted before January 1, 1987 by a 18 municipality in Mason County, or (E) if the municipality is 19 subject to the Local Government Financial Planning and 20 Supervision Act, or (F) if the ordinance was adopted in 21 December 1984 by the Village of Rosemont, or (G) if the 22 ordinance was adopted on December 31, 1986 by a municipality 23 located in Clinton County for which at least $250,000 of tax 24 increment bonds were authorized on June 17, 1997, or if the 25 ordinance was adopted on December 31, 1986 by a municipality 26 with a population in 1990 of less than 3,600 that is located 27 in a county with a population in 1990 of less than 34,000 and 28 for which at least $250,000 of tax increment bonds were 29 authorized on June 17, 1997, or (H) if the ordinance was 30 adopted on October 5, 1982 by the City of Kankakee, or (I) if 31 the ordinance was adopted on December 29, 1986 by East St. 32 Louis, or if the ordinance was adopted on November 12, 1991 33 by the Village of Sauget, or (J) if the ordinance was adopted 34 on February 11, 1985 by the City of Rock Island, or (K) if HB0665 Enrolled -48- LRB9103358PTpk 1 the ordinance was adopted before December 18, 1986 by the 2 City of Moline and, for redevelopment project areas for which 3 bonds were issued before July 29, 1991, in connection with a 4 redevelopment project in the area within the State Sales Tax 5 Boundary and which were extended by municipal ordinance under 6 subsection (n) of Section 11-74.4-3, the last maturity of 7 the refunding obligations shall not be expressed to mature 8 later than the date on which the redevelopment project area 9 is terminated or December 31, 2013, whichever date occurs 10 first. 11 In the event a municipality issues obligations under home 12 rule powers or other legislative authority the proceeds of 13 which are pledged to pay for redevelopment project costs, the 14 municipality may, if it has followed the procedures in 15 conformance with this division, retire said obligations from 16 funds in the special tax allocation fund in amounts and in 17 such manner as if such obligations had been issued pursuant 18 to the provisions of this division. 19 All obligations heretofore or hereafter issued pursuant 20 to this Act shall not be regarded as indebtedness of the 21 municipality issuing such obligations or any other taxing 22 district for the purpose of any limitation imposed by law. 23 (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99; 24 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff. 25 8-20-99; revised 10-14-99.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.