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91_SB1025
LRB9105926PTmb
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) "Blighted area" means any improved or vacant area
13 within the boundaries of a redevelopment project area located
14 within the territorial limits of the municipality where, if
15 improved, industrial, commercial and residential buildings or
16 improvements, because of a combination of 5 or more of the
17 following factors: age; dilapidation; obsolescence;
18 deterioration; illegal use of individual structures; presence
19 of structures below minimum code standards; excessive
20 vacancies; overcrowding of structures and community
21 facilities; lack of ventilation, light or sanitary
22 facilities; inadequate utilities; excessive land coverage;
23 deleterious land use or layout; depreciation of physical
24 maintenance; lack of community planning, is detrimental to
25 the public safety, health, morals or welfare, or if vacant,
26 the sound growth of the taxing districts is impaired by, (1)
27 a combination of 2 or more of the following factors: obsolete
28 platting of the vacant land; diversity of ownership of such
29 land; tax and special assessment delinquencies on such land;
30 flooding on all or part of such vacant land; deterioration of
31 structures or site improvements in neighboring areas adjacent
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1 to the vacant land, or (2) the area immediately prior to
2 becoming vacant qualified as a blighted improved area, or (3)
3 the area consists of an unused quarry or unused quarries, or
4 (4) the area consists of unused railyards, rail tracks or
5 railroad rights-of-way, or (5) the area, prior to its
6 designation, is subject to chronic flooding which adversely
7 impacts on real property in the area and such flooding is
8 substantially caused by one or more improvements in or in
9 proximity to the area which improvements have been in
10 existence for at least 5 years, or (6) the area consists of
11 an unused disposal site, containing earth, stone, building
12 debris or similar material, which were removed from
13 construction, demolition, excavation or dredge sites, or (7)
14 the area is not less than 50 nor more than 100 acres and 75%
15 of which is vacant, notwithstanding the fact that such area
16 has been used for commercial agricultural purposes within 5
17 years prior to the designation of the redevelopment project
18 area, and which area meets at least one of the factors
19 itemized in provision (1) of this subsection (a), and the
20 area has been designated as a town or village center by
21 ordinance or comprehensive plan adopted prior to January 1,
22 1982, and the area has not been developed for that designated
23 purpose.
24 (b) "Conservation area" means any improved area within
25 the boundaries of a redevelopment project area located within
26 the territorial limits of the municipality in which 50% or
27 more of the structures in the area have an age of 35 years or
28 more. Such an area is not yet a blighted area but because
29 of a combination of 3 or more of the following factors:
30 dilapidation; obsolescence; deterioration; illegal use of
31 individual structures; presence of structures below minimum
32 code standards; abandonment; excessive vacancies;
33 overcrowding of structures and community facilities; lack of
34 ventilation, light or sanitary facilities; inadequate
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1 utilities; excessive land coverage; deleterious land use or
2 layout; depreciation of physical maintenance; lack of
3 community planning, is detrimental to the public safety,
4 health, morals or welfare and such an area may become a
5 blighted area.
6 (c) "Industrial park" means an area in a blighted or
7 conservation area suitable for use by any manufacturing,
8 industrial, research or transportation enterprise, of
9 facilities to include but not be limited to factories, mills,
10 processing plants, assembly plants, packing plants,
11 fabricating plants, industrial distribution centers,
12 warehouses, repair overhaul or service facilities, freight
13 terminals, research facilities, test facilities or railroad
14 facilities.
15 (d) "Industrial park conservation area" means an area
16 within the boundaries of a redevelopment project area located
17 within the territorial limits of a municipality that is a
18 labor surplus municipality or within 1 1/2 miles of the
19 territorial limits of a municipality that is a labor surplus
20 municipality if the area is annexed to the municipality;
21 which area is zoned as industrial no later than at the time
22 the municipality by ordinance designates the redevelopment
23 project area, and which area includes both vacant land
24 suitable for use as an industrial park and a blighted area or
25 conservation area contiguous to such vacant land.
26 (e) "Labor surplus municipality" means a municipality in
27 which, at any time during the 6 months before the
28 municipality by ordinance designates an industrial park
29 conservation area, the unemployment rate was over 6% and was
30 also 100% or more of the national average unemployment rate
31 for that same time as published in the United States
32 Department of Labor Bureau of Labor Statistics publication
33 entitled "The Employment Situation" or its successor
34 publication. For the purpose of this subsection, if
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1 unemployment rate statistics for the municipality are not
2 available, the unemployment rate in the municipality shall be
3 deemed to be the same as the unemployment rate in the
4 principal county in which the municipality is located.
5 (f) "Municipality" shall mean a city, village or
6 incorporated town.
7 (g) "Initial Sales Tax Amounts" means the amount of
8 taxes paid under the Retailers' Occupation Tax Act, Use Tax
9 Act, Service Use Tax Act, the Service Occupation Tax Act, the
10 Municipal Retailers' Occupation Tax Act, and the Municipal
11 Service Occupation Tax Act by retailers and servicemen on
12 transactions at places located in a State Sales Tax Boundary
13 during the calendar year 1985.
14 (g-1) "Revised Initial Sales Tax Amounts" means the
15 amount of taxes paid under the Retailers' Occupation Tax Act,
16 Use Tax Act, Service Use Tax Act, the Service Occupation Tax
17 Act, the Municipal Retailers' Occupation Tax Act, and the
18 Municipal Service Occupation Tax Act by retailers and
19 servicemen on transactions at places located within the State
20 Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9)
21 of this Act.
22 (h) "Municipal Sales Tax Increment" means an amount
23 equal to the increase in the aggregate amount of taxes paid
24 to a municipality from the Local Government Tax Fund arising
25 from sales by retailers and servicemen within the
26 redevelopment project area or State Sales Tax Boundary, as
27 the case may be, for as long as the redevelopment project
28 area or State Sales Tax Boundary, as the case may be, exist
29 over and above the aggregate amount of taxes as certified by
30 the Illinois Department of Revenue and paid under the
31 Municipal Retailers' Occupation Tax Act and the Municipal
32 Service Occupation Tax Act by retailers and servicemen, on
33 transactions at places of business located in the
34 redevelopment project area or State Sales Tax Boundary, as
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1 the case may be, during the base year which shall be the
2 calendar year immediately prior to the year in which the
3 municipality adopted tax increment allocation financing. For
4 purposes of computing the aggregate amount of such taxes for
5 base years occurring prior to 1985, the Department of Revenue
6 shall determine the Initial Sales Tax Amounts for such taxes
7 and deduct therefrom an amount equal to 4% of the aggregate
8 amount of taxes per year for each year the base year is prior
9 to 1985, but not to exceed a total deduction of 12%. The
10 amount so determined shall be known as the "Adjusted Initial
11 Sales Tax Amounts". For purposes of determining the
12 Municipal Sales Tax Increment, the Department of Revenue
13 shall for each period subtract from the amount paid to the
14 municipality from the Local Government Tax Fund arising from
15 sales by retailers and servicemen on transactions located in
16 the redevelopment project area or the State Sales Tax
17 Boundary, as the case may be, the certified Initial Sales Tax
18 Amounts, the Adjusted Initial Sales Tax Amounts or the
19 Revised Initial Sales Tax Amounts for the Municipal
20 Retailers' Occupation Tax Act and the Municipal Service
21 Occupation Tax Act. For the State Fiscal Year 1989, this
22 calculation shall be made by utilizing the calendar year 1987
23 to determine the tax amounts received. For the State Fiscal
24 Year 1990, this calculation shall be made by utilizing the
25 period from January 1, 1988, until September 30, 1988, to
26 determine the tax amounts received from retailers and
27 servicemen pursuant to the Municipal Retailers' Occupation
28 Tax and the Municipal Service Occupation Tax Act, which shall
29 have deducted therefrom nine-twelfths of the certified
30 Initial Sales Tax Amounts, the Adjusted Initial Sales Tax
31 Amounts or the Revised Initial Sales Tax Amounts as
32 appropriate. For the State Fiscal Year 1991, this calculation
33 shall be made by utilizing the period from October 1, 1988,
34 to June 30, 1989, to determine the tax amounts received from
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1 retailers and servicemen pursuant to the Municipal Retailers'
2 Occupation Tax and the Municipal Service Occupation Tax Act
3 which shall have deducted therefrom nine-twelfths of the
4 certified Initial Sales Tax Amounts, Adjusted Initial Sales
5 Tax Amounts or the Revised Initial Sales Tax Amounts as
6 appropriate. For every State Fiscal Year thereafter, the
7 applicable period shall be the 12 months beginning July 1 and
8 ending June 30 to determine the tax amounts received which
9 shall have deducted therefrom the certified Initial Sales Tax
10 Amounts, the Adjusted Initial Sales Tax Amounts or the
11 Revised Initial Sales Tax Amounts, as the case may be.
12 (i) "Net State Sales Tax Increment" means the sum of the
13 following: (a) 80% of the first $100,000 of State Sales Tax
14 Increment annually generated within a State Sales Tax
15 Boundary; (b) 60% of the amount in excess of $100,000 but not
16 exceeding $500,000 of State Sales Tax Increment annually
17 generated within a State Sales Tax Boundary; and (c) 40% of
18 all amounts in excess of $500,000 of State Sales Tax
19 Increment annually generated within a State Sales Tax
20 Boundary. If, however, a municipality established a tax
21 increment financing district in a county with a population in
22 excess of 3,000,000 before January 1, 1986, and the
23 municipality entered into a contract or issued bonds after
24 January 1, 1986, but before December 31, 1986, to finance
25 redevelopment project costs within a State Sales Tax
26 Boundary, then the Net State Sales Tax Increment means, for
27 the fiscal years beginning July 1, 1990, and July 1, 1991,
28 100% of the State Sales Tax Increment annually generated
29 within a State Sales Tax Boundary; and notwithstanding any
30 other provision of this Act, for those fiscal years the
31 Department of Revenue shall distribute to those
32 municipalities 100% of their Net State Sales Tax Increment
33 before any distribution to any other municipality and
34 regardless of whether or not those other municipalities will
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1 receive 100% of their Net State Sales Tax Increment. For
2 Fiscal Year 1999, and every year thereafter until the year
3 2007, for any municipality that has not entered into a
4 contract or has not issued bonds prior to June 1, 1988 to
5 finance redevelopment project costs within a State Sales Tax
6 Boundary, the Net State Sales Tax Increment shall be
7 calculated as follows: By multiplying the Net State Sales Tax
8 Increment by 90% in the State Fiscal Year 1999; 80% in the
9 State Fiscal Year 2000; 70% in the State Fiscal Year 2001;
10 60% in the State Fiscal Year 2002; 50% in the State Fiscal
11 Year 2003; 40% in the State Fiscal Year 2004; 30% in the
12 State Fiscal Year 2005; 20% in the State Fiscal Year 2006;
13 and 10% in the State Fiscal Year 2007. No payment shall be
14 made for State Fiscal Year 2008 and thereafter.
15 Municipalities that issued bonds in connection with a
16 redevelopment project in a redevelopment project area within
17 the State Sales Tax Boundary prior to July 29, 1991, shall
18 continue to receive their proportional share of the Illinois
19 Tax Increment Fund distribution until the date on which the
20 redevelopment project is completed or terminated, or the date
21 on which the bonds are retired, whichever date occurs first.
22 Refunding of any bonds issued prior to July 29, 1991, shall
23 not alter the Net State Sales Tax Increment.
24 (j) "State Utility Tax Increment Amount" means an amount
25 equal to the aggregate increase in State electric and gas tax
26 charges imposed on owners and tenants, other than residential
27 customers, of properties located within the redevelopment
28 project area under Section 9-222 of the Public Utilities Act,
29 over and above the aggregate of such charges as certified by
30 the Department of Revenue and paid by owners and tenants,
31 other than residential customers, of properties within the
32 redevelopment project area during the base year, which shall
33 be the calendar year immediately prior to the year of the
34 adoption of the ordinance authorizing tax increment
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1 allocation financing.
2 (k) "Net State Utility Tax Increment" means the sum of
3 the following: (a) 80% of the first $100,000 of State Utility
4 Tax Increment annually generated by a redevelopment project
5 area; (b) 60% of the amount in excess of $100,000 but not
6 exceeding $500,000 of the State Utility Tax Increment
7 annually generated by a redevelopment project area; and (c)
8 40% of all amounts in excess of $500,000 of State Utility Tax
9 Increment annually generated by a redevelopment project area.
10 For the State Fiscal Year 1999, and every year thereafter
11 until the year 2007, for any municipality that has not
12 entered into a contract or has not issued bonds prior to June
13 1, 1988 to finance redevelopment project costs within a
14 redevelopment project area, the Net State Utility Tax
15 Increment shall be calculated as follows: By multiplying the
16 Net State Utility Tax Increment by 90% in the State Fiscal
17 Year 1999; 80% in the State Fiscal Year 2000; 70% in the
18 State Fiscal Year 2001; 60% in the State Fiscal Year 2002;
19 50% in the State Fiscal Year 2003; 40% in the State Fiscal
20 Year 2004; 30% in the State Fiscal Year 2005; 20% in the
21 State Fiscal Year 2006; and 10% in the State Fiscal Year
22 2007. No payment shall be made for the State Fiscal Year 2008
23 and thereafter.
24 Municipalities that issue bonds in connection with the
25 redevelopment project during the period from June 1, 1988
26 until 3 years after the effective date of this Amendatory Act
27 of 1988 shall receive the Net State Utility Tax Increment,
28 subject to appropriation, for 15 State Fiscal Years after the
29 issuance of such bonds. For the 16th through the 20th State
30 Fiscal Years after issuance of the bonds, the Net State
31 Utility Tax Increment shall be calculated as follows: By
32 multiplying the Net State Utility Tax Increment by 90% in
33 year 16; 80% in year 17; 70% in year 18; 60% in year 19; and
34 50% in year 20. Refunding of any bonds issued prior to June
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1 1, 1988, shall not alter the revised Net State Utility Tax
2 Increment payments set forth above.
3 (l) "Obligations" mean bonds, loans, debentures, notes,
4 special certificates or other evidence of indebtedness issued
5 by the municipality to carry out a redevelopment project or
6 to refund outstanding obligations.
7 (m) "Payment in lieu of taxes" means those estimated tax
8 revenues from real property in a redevelopment project area
9 acquired by a municipality which according to the
10 redevelopment project or plan is to be used for a private use
11 which taxing districts would have received had a municipality
12 not adopted tax increment allocation financing and which
13 would result from levies made after the time of the adoption
14 of tax increment allocation financing to the time the current
15 equalized value of real property in the redevelopment project
16 area exceeds the total initial equalized value of real
17 property in said area.
18 (n) "Redevelopment plan" means the comprehensive program
19 of the municipality for development or redevelopment intended
20 by the payment of redevelopment project costs to reduce or
21 eliminate those conditions the existence of which qualified
22 the redevelopment project area as a "blighted area" or
23 "conservation area" or combination thereof or "industrial
24 park conservation area," and thereby to enhance the tax bases
25 of the taxing districts which extend into the redevelopment
26 project area. Each redevelopment plan shall set forth in
27 writing the program to be undertaken to accomplish the
28 objectives and shall include but not be limited to:
29 (A) estimated redevelopment project costs;
30 (B) evidence indicating that the redevelopment
31 project area on the whole has not been subject to growth
32 and development through investment by private enterprise;
33 (C) an assessment of any financial impact of the
34 redevelopment project area on or any increased demand for
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1 services from any taxing district affected by the plan
2 and any program to address such financial impact or
3 increased demand;
4 (D) the sources of funds to pay costs;
5 (E) the nature and term of the obligations to be
6 issued;
7 (F) the most recent equalized assessed valuation of
8 the redevelopment project area;
9 (G) an estimate as to the equalized assessed
10 valuation after redevelopment and the general land uses
11 to apply in the redevelopment project area;
12 (H) a commitment to fair employment practices and
13 an affirmative action plan;
14 (I) if it concerns an industrial park conservation
15 area, the plan shall also include a general description
16 of any proposed developer, user and tenant of any
17 property, a description of the type, structure and
18 general character of the facilities to be developed, a
19 description of the type, class and number of new
20 employees to be employed in the operation of the
21 facilities to be developed; and
22 (J) if property is to be annexed to the
23 municipality, the plan shall include the terms of the
24 annexation agreement.
25 The provisions of items (B) and (C) of this subsection
26 (n) shall not apply to a municipality that before March 14,
27 1994 (the effective date of Public Act 88-537) had fixed,
28 either by its corporate authorities or by a commission
29 designated under subsection (k) of Section 11-74.4-4, a time
30 and place for a public hearing as required by subsection (a)
31 of Section 11-74.4-5. No redevelopment plan shall be adopted
32 unless a municipality complies with all of the following
33 requirements:
34 (1) The municipality finds that the redevelopment
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1 project area on the whole has not been subject to growth
2 and development through investment by private enterprise
3 and would not reasonably be anticipated to be developed
4 without the adoption of the redevelopment plan.
5 (2) The municipality finds that the redevelopment
6 plan and project conform to the comprehensive plan for
7 the development of the municipality as a whole, or, for
8 municipalities with a population of 100,000 or more,
9 regardless of when the redevelopment plan and project was
10 adopted, the redevelopment plan and project either: (i)
11 conforms to the strategic economic development or
12 redevelopment plan issued by the designated planning
13 authority of the municipality, or (ii) includes land uses
14 that have been approved by the planning commission of the
15 municipality.
16 (3) The redevelopment plan establishes the
17 estimated dates of completion of the redevelopment
18 project and retirement of obligations issued to finance
19 redevelopment project costs. Those dates shall not be
20 more than 23 years from the adoption of the ordinance
21 approving the redevelopment project area if the ordinance
22 was adopted on or after January 15, 1981, and not more
23 than 35 years if the ordinance was adopted before January
24 15, 1981, or if the ordinance was adopted in April 1984
25 or July 1985, or if the ordinance was adopted in December
26 1987 and the redevelopment project is located within one
27 mile of Midway Airport, or if the municipality is subject
28 to the Local Government Financial Planning and
29 Supervision Act, or if the ordinance was adopted on
30 December 29, 1986 by East St. Louis. However, for
31 redevelopment project areas for which bonds were issued
32 before July 29, 1991, in connection with a redevelopment
33 project in the area within the State Sales Tax Boundary,
34 the estimated dates of completion of the redevelopment
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1 project and retirement of obligations to finance
2 redevelopment project costs may be extended by municipal
3 ordinance to December 31, 2013. The extension allowed by
4 this amendatory Act of 1993 shall not apply to real
5 property tax increment allocation financing under Section
6 11-74.4-8.
7 Those dates, for purposes of real property tax
8 increment allocation financing pursuant to Section
9 11-74.4-8 only, shall be not more than 35 years for
10 redevelopment project areas that were adopted on or after
11 December 16, 1986 and for which at least $8 million worth
12 of municipal bonds were authorized on or after December
13 19, 1989 but before January 1, 1990; provided that the
14 municipality elects to extend the life of the
15 redevelopment project area to 35 years by the adoption of
16 an ordinance after at least 14 but not more than 30 days'
17 written notice to the taxing bodies, that would otherwise
18 constitute the joint review board for the redevelopment
19 project area, before the adoption of the ordinance.
20 Those dates, for purposes of real property tax
21 increment allocation financing pursuant to Section
22 11-74.4-8 only, shall be not more than 35 years for
23 redevelopment project areas that were established on or
24 after December 1, 1981 but before January 1, 1982 and for
25 which at least $1,500,000 worth of tax increment revenue
26 bonds were authorized on or after September 30, 1990 but
27 before July 1, 1991; provided that the municipality
28 elects to extend the life of the redevelopment project
29 area to 35 years by the adoption of an ordinance after at
30 least 14 but not more than 30 days' written notice to the
31 taxing bodies, that would otherwise constitute the joint
32 review board for the redevelopment project area, before
33 the adoption of the ordinance.
34 (4) The municipality finds, in the case of an
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1 industrial park conservation area, also that the
2 municipality is a labor surplus municipality and that the
3 implementation of the redevelopment plan will reduce
4 unemployment, create new jobs and by the provision of new
5 facilities enhance the tax base of the taxing districts
6 that extend into the redevelopment project area.
7 (5) If any incremental revenues are being utilized
8 under Section 8(a)(1) or 8(a)(2) of this Act in
9 redevelopment project areas approved by ordinance after
10 January 1, 1986, the municipality finds: (a) that the
11 redevelopment project area would not reasonably be
12 developed without the use of such incremental revenues,
13 and (b) that such incremental revenues will be
14 exclusively utilized for the development of the
15 redevelopment project area.
16 (o) "Redevelopment project" means any public and private
17 development project in furtherance of the objectives of a
18 redevelopment plan.
19 (p) "Redevelopment project area" means an area
20 designated by the municipality, which is not less in the
21 aggregate than 1 1/2 acres and in respect to which the
22 municipality has made a finding that there exist conditions
23 which cause the area to be classified as an industrial park
24 conservation area or a blighted area or a conservation area,
25 or a combination of both blighted areas and conservation
26 areas.
27 (q) "Redevelopment project costs" mean and include the
28 sum total of all reasonable or necessary costs incurred or
29 estimated to be incurred, and any such costs incidental to a
30 redevelopment plan and a redevelopment project. Such costs
31 include, without limitation, the following:
32 (1) Costs of studies, surveys, development of
33 plans, and specifications, implementation and
34 administration of the redevelopment plan including but
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1 not limited to staff and professional service costs for
2 architectural, engineering, legal, marketing, financial,
3 planning or other services, provided however that no
4 charges for professional services may be based on a
5 percentage of the tax increment collected;
6 (2) Property assembly costs, including but not
7 limited to acquisition of land and other property, real
8 or personal, or rights or interests therein, demolition
9 of buildings, and the clearing and grading of land;
10 (3) Costs of rehabilitation, reconstruction or
11 repair or remodeling of existing public or private
12 buildings and fixtures;
13 (4) Costs of the construction of public works or
14 improvements;
15 (5) Costs of job training and retraining projects;
16 (6) Financing costs, including but not limited to
17 all necessary and incidental expenses related to the
18 issuance of obligations and which may include payment of
19 interest on any obligations issued hereunder accruing
20 during the estimated period of construction of any
21 redevelopment project for which such obligations are
22 issued and for not exceeding 36 months thereafter and
23 including reasonable reserves related thereto;
24 (7) All or a portion of a taxing district's capital
25 costs resulting from the redevelopment project
26 necessarily incurred or to be incurred in furtherance of
27 the objectives of the redevelopment plan and project, to
28 the extent the municipality by written agreement accepts
29 and approves such costs;
30 (8) Relocation costs to the extent that a
31 municipality determines that relocation costs shall be
32 paid or is required to make payment of relocation costs
33 by federal or State law;
34 (9) Payment in lieu of taxes;
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1 (10) Costs of job training, advanced vocational
2 education or career education, including but not limited
3 to courses in occupational, semi-technical or technical
4 fields leading directly to employment, incurred by one or
5 more taxing districts, provided that such costs (i) are
6 related to the establishment and maintenance of
7 additional job training, advanced vocational education or
8 career education programs for persons employed or to be
9 employed by employers located in a redevelopment project
10 area; and (ii) when incurred by a taxing district or
11 taxing districts other than the municipality, are set
12 forth in a written agreement by or among the municipality
13 and the taxing district or taxing districts, which
14 agreement describes the program to be undertaken,
15 including but not limited to the number of employees to
16 be trained, a description of the training and services to
17 be provided, the number and type of positions available
18 or to be available, itemized costs of the program and
19 sources of funds to pay for the same, and the term of the
20 agreement. Such costs include, specifically, the payment
21 by community college districts of costs pursuant to
22 Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
23 Community College Act and by school districts of costs
24 pursuant to Sections 10-22.20a and 10-23.3a of The School
25 Code;
26 (11) Interest cost incurred by a redeveloper
27 related to the construction, renovation or rehabilitation
28 of a redevelopment project provided that:
29 (A) such costs are to be paid directly from
30 the special tax allocation fund established pursuant
31 to this Act; and
32 (B) such payments in any one year may not
33 exceed 30% of the annual interest costs incurred by
34 the redeveloper with regard to the redevelopment
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1 project during that year;
2 (C) if there are not sufficient funds
3 available in the special tax allocation fund to make
4 the payment pursuant to this paragraph (11) then the
5 amounts so due shall accrue and be payable when
6 sufficient funds are available in the special tax
7 allocation fund; and
8 (D) the total of such interest payments paid
9 pursuant to this Act may not exceed 30% of the total
10 (i) cost paid or incurred by the redeveloper for the
11 redevelopment project plus (ii) redevelopment
12 project costs excluding any property assembly costs
13 and any relocation costs incurred by a municipality
14 pursuant to this Act.
15 (12) Unless explicitly stated herein the cost of
16 construction of new privately-owned buildings shall not
17 be an eligible redevelopment project cost.
18 If a special service area has been established pursuant
19 to the Special Service Area Tax Act, then any tax increment
20 revenues derived from the tax imposed pursuant to the Special
21 Service Area Tax Act may be used within the redevelopment
22 project area for the purposes permitted by that Act as well
23 as the purposes permitted by this Act.
24 (r) "State Sales Tax Boundary" means the redevelopment
25 project area or the amended redevelopment project area
26 boundaries which are determined pursuant to subsection (9) of
27 Section 11-74.4-8a of this Act. The Department of Revenue
28 shall certify pursuant to subsection (9) of Section
29 11-74.4-8a the appropriate boundaries eligible for the
30 determination of State Sales Tax Increment.
31 (s) "State Sales Tax Increment" means an amount equal to
32 the increase in the aggregate amount of taxes paid by
33 retailers and servicemen, other than retailers and servicemen
34 subject to the Public Utilities Act, on transactions at
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1 places of business located within a State Sales Tax Boundary
2 pursuant to the Retailers' Occupation Tax Act, the Use Tax
3 Act, the Service Use Tax Act, and the Service Occupation Tax
4 Act, except such portion of such increase that is paid into
5 the State and Local Sales Tax Reform Fund, the Local
6 Government Distributive Fund, the Local Government Tax
7 Fund and the County and Mass Transit District Fund, for as
8 long as State participation exists, over and above the
9 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
10 or the Revised Initial Sales Tax Amounts for such taxes as
11 certified by the Department of Revenue and paid under those
12 Acts by retailers and servicemen on transactions at places of
13 business located within the State Sales Tax Boundary during
14 the base year which shall be the calendar year immediately
15 prior to the year in which the municipality adopted tax
16 increment allocation financing, less 3.0% of such amounts
17 generated under the Retailers' Occupation Tax Act, Use Tax
18 Act and Service Use Tax Act and the Service Occupation Tax
19 Act, which sum shall be appropriated to the Department of
20 Revenue to cover its costs of administering and enforcing
21 this Section. For purposes of computing the aggregate amount
22 of such taxes for base years occurring prior to 1985, the
23 Department of Revenue shall compute the Initial Sales Tax
24 Amount for such taxes and deduct therefrom an amount equal to
25 4% of the aggregate amount of taxes per year for each year
26 the base year is prior to 1985, but not to exceed a total
27 deduction of 12%. The amount so determined shall be known as
28 the "Adjusted Initial Sales Tax Amount". For purposes of
29 determining the State Sales Tax Increment the Department of
30 Revenue shall for each period subtract from the tax amounts
31 received from retailers and servicemen on transactions
32 located in the State Sales Tax Boundary, the certified
33 Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
34 or Revised Initial Sales Tax Amounts for the Retailers'
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1 Occupation Tax Act, the Use Tax Act, the Service Use Tax Act
2 and the Service Occupation Tax Act. For the State Fiscal
3 Year 1989 this calculation shall be made by utilizing the
4 calendar year 1987 to determine the tax amounts received. For
5 the State Fiscal Year 1990, this calculation shall be made by
6 utilizing the period from January 1, 1988, until September
7 30, 1988, to determine the tax amounts received from
8 retailers and servicemen, which shall have deducted therefrom
9 nine-twelfths of the certified Initial Sales Tax Amounts,
10 Adjusted Initial Sales Tax Amounts or the Revised Initial
11 Sales Tax Amounts as appropriate. For the State Fiscal Year
12 1991, this calculation shall be made by utilizing the period
13 from October 1, 1988, until June 30, 1989, to determine the
14 tax amounts received from retailers and servicemen, which
15 shall have deducted therefrom nine-twelfths of the certified
16 Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
17 Amounts or the Revised Initial Sales Tax Amounts as
18 appropriate. For every State Fiscal Year thereafter, the
19 applicable period shall be the 12 months beginning July 1 and
20 ending on June 30, to determine the tax amounts received
21 which shall have deducted therefrom the certified Initial
22 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
23 Revised Initial Sales Tax Amounts. Municipalities intending
24 to receive a distribution of State Sales Tax Increment must
25 report a list of retailers to the Department of Revenue by
26 October 31, 1988 and by July 31, of each year thereafter.
27 (t) "Taxing districts" means counties, townships, cities
28 and incorporated towns and villages, school, road, park,
29 sanitary, mosquito abatement, forest preserve, public health,
30 fire protection, river conservancy, tuberculosis sanitarium
31 and any other municipal corporations or districts with the
32 power to levy taxes.
33 (u) "Taxing districts' capital costs" means those costs
34 of taxing districts for capital improvements that are found
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1 by the municipal corporate authorities to be necessary and
2 directly result from the redevelopment project.
3 (v) As used in subsection (a) of Section 11-74.4-3 of
4 this Act, "vacant land" means any parcel or combination of
5 parcels of real property without industrial, commercial, and
6 residential buildings which has not been used for commercial
7 agricultural purposes within 5 years prior to the designation
8 of the redevelopment project area, unless the parcel is
9 included in an industrial park conservation area or the
10 parcel has been subdivided; provided that if the parcel was
11 part of a larger tract that has been divided into 3 or more
12 smaller tracts that were accepted for recording during the
13 period from 1950 to 1990, then the parcel shall be deemed to
14 have been subdivided, and all proceedings and actions of the
15 municipality taken in that connection with respect to any
16 previously approved or designated redevelopment project area
17 or amended redevelopment project area are hereby validated
18 and hereby declared to be legally sufficient for all purposes
19 of this Act.
20 (w) "Annual Total Increment" means the sum of each
21 municipality's annual Net Sales Tax Increment and each
22 municipality's annual Net Utility Tax Increment. The ratio
23 of the Annual Total Increment of each municipality to the
24 Annual Total Increment for all municipalities, as most
25 recently calculated by the Department, shall determine the
26 proportional shares of the Illinois Tax Increment Fund to be
27 distributed to each municipality.
28 (Source: P.A. 89-235, eff. 8-4-95; 89-705, eff. 1-31-97;
29 90-379, eff. 8-14-97.)
30 (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
31 Sec. 11-74.4-7. Obligations secured by the special tax
32 allocation fund set forth in Section 11-74.4-8 for the
33 redevelopment project area may be issued to provide for
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1 redevelopment project costs. Such obligations, when so
2 issued, shall be retired in the manner provided in the
3 ordinance authorizing the issuance of such obligations by the
4 receipts of taxes levied as specified in Section 11-74.4-9
5 against the taxable property included in the area, by
6 revenues as specified by Section 11-74.4-8a and other revenue
7 designated by the municipality. A municipality may in the
8 ordinance pledge all or any part of the funds in and to be
9 deposited in the special tax allocation fund created pursuant
10 to Section 11-74.4-8 to the payment of the redevelopment
11 project costs and obligations. Any pledge of funds in the
12 special tax allocation fund shall provide for distribution to
13 the taxing districts and to the Illinois Department of
14 Revenue of moneys not required for payment and securing of
15 the obligations and redevelopment project costs and such
16 excess funds shall be calculated annually and deemed to be
17 "surplus" funds. In the event a municipality only pledges a
18 portion of the funds in the special tax allocation fund for
19 the payment of redevelopment project costs or obligations,
20 any such funds remaining in the special tax allocation fund
21 after complying with the requirements of the pledge, shall
22 also be calculated annually and deemed "surplus" funds. All
23 surplus funds in the special tax allocation fund, subject to
24 the provisions of (6.1) of Section 11-74.4-8a, shall be
25 distributed annually within 180 days after the close of the
26 municipality's fiscal year by being paid by the municipal
27 treasurer to the County Collector, to the Department of
28 Revenue and to the municipality in direct proportion to the
29 tax incremental revenue received as a result of an increase
30 in the equalized assessed value of property in the
31 redevelopment project area, tax incremental revenue received
32 from the State and tax incremental revenue received from the
33 municipality, but not to exceed as to each such source the
34 total incremental revenue received from that source. Except
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1 that any special tax allocation fund subject to provision in
2 (6.1) of Section 11-74.4-8a shall comply with the provisions
3 in that Section. The County Collector shall thereafter make
4 distribution to the respective taxing districts in the same
5 manner and proportion as the most recent distribution by the
6 county collector to the affected districts of real property
7 taxes from real property in the redevelopment project area.
8 Without limiting the foregoing in this Section, the
9 municipality may in addition to obligations secured by the
10 special tax allocation fund pledge for a period not greater
11 than the term of the obligations towards payment of such
12 obligations any part or any combination of the following: (a)
13 net revenues of all or part of any redevelopment project; (b)
14 taxes levied and collected on any or all property in the
15 municipality; (c) the full faith and credit of the
16 municipality; (d) a mortgage on part or all of the
17 redevelopment project; or (e) any other taxes or anticipated
18 receipts that the municipality may lawfully pledge.
19 Such obligations may be issued in one or more series
20 bearing interest at such rate or rates as the corporate
21 authorities of the municipality shall determine by ordinance.
22 Such obligations shall bear such date or dates, mature at
23 such time or times not exceeding 20 years from their
24 respective dates, be in such denomination, carry such
25 registration privileges, be executed in such manner, be
26 payable in such medium of payment at such place or places,
27 contain such covenants, terms and conditions, and be subject
28 to redemption as such ordinance shall provide. Obligations
29 issued pursuant to this Act may be sold at public or private
30 sale at such price as shall be determined by the corporate
31 authorities of the municipalities. No referendum approval of
32 the electors shall be required as a condition to the issuance
33 of obligations pursuant to this Division except as provided
34 in this Section.
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1 In the event the municipality authorizes issuance of
2 obligations pursuant to the authority of this Division
3 secured by the full faith and credit of the municipality,
4 which obligations are other than obligations which may be
5 issued under home rule powers provided by Article VII,
6 Section 6 of the Illinois Constitution, or pledges taxes
7 pursuant to (b) or (c) of the second paragraph of this
8 section, the ordinance authorizing the issuance of such
9 obligations or pledging such taxes shall be published within
10 10 days after such ordinance has been passed in one or more
11 newspapers, with general circulation within such
12 municipality. The publication of the ordinance shall be
13 accompanied by a notice of (1) the specific number of voters
14 required to sign a petition requesting the question of the
15 issuance of such obligations or pledging taxes to be
16 submitted to the electors; (2) the time in which such
17 petition must be filed; and (3) the date of the prospective
18 referendum. The municipal clerk shall provide a petition
19 form to any individual requesting one.
20 If no petition is filed with the municipal clerk, as
21 hereinafter provided in this Section, within 30 days after
22 the publication of the ordinance, the ordinance shall be in
23 effect. But, if within that 30 day period a petition is
24 filed with the municipal clerk, signed by electors in the
25 municipality numbering 10% or more of the number of
26 registered voters in the municipality, asking that the
27 question of issuing obligations using full faith and credit
28 of the municipality as security for the cost of paying for
29 redevelopment project costs, or of pledging taxes for the
30 payment of such obligations, or both, be submitted to the
31 electors of the municipality, the corporate authorities of
32 the municipality shall call a special election in the manner
33 provided by law to vote upon that question, or, if a general,
34 State or municipal election is to be held within a period of
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1 not less than 30 or more than 90 days from the date such
2 petition is filed, shall submit the question at the next
3 general, State or municipal election. If it appears upon the
4 canvass of the election by the corporate authorities that a
5 majority of electors voting upon the question voted in favor
6 thereof, the ordinance shall be in effect, but if a majority
7 of the electors voting upon the question are not in favor
8 thereof, the ordinance shall not take effect.
9 The ordinance authorizing the obligations may provide
10 that the obligations shall contain a recital that they are
11 issued pursuant to this Division, which recital shall be
12 conclusive evidence of their validity and of the regularity
13 of their issuance.
14 In the event the municipality authorizes issuance of
15 obligations pursuant to this Section secured by the full
16 faith and credit of the municipality, the ordinance
17 authorizing the obligations may provide for the levy and
18 collection of a direct annual tax upon all taxable property
19 within the municipality sufficient to pay the principal
20 thereof and interest thereon as it matures, which levy may be
21 in addition to and exclusive of the maximum of all other
22 taxes authorized to be levied by the municipality, which
23 levy, however, shall be abated to the extent that monies from
24 other sources are available for payment of the obligations
25 and the municipality certifies the amount of said monies
26 available to the county clerk.
27 A certified copy of such ordinance shall be filed with
28 the county clerk of each county in which any portion of the
29 municipality is situated, and shall constitute the authority
30 for the extension and collection of the taxes to be deposited
31 in the special tax allocation fund.
32 A municipality may also issue its obligations to refund
33 in whole or in part, obligations theretofore issued by such
34 municipality under the authority of this Act, whether at or
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1 prior to maturity, provided however, that the last maturity
2 of the refunding obligations shall not be expressed to mature
3 later than 23 years from the date of the ordinance approving
4 the redevelopment project area if the ordinance was adopted
5 on or after January 15, 1981, and not more than 35 years if
6 the ordinance was adopted before January 15, 1981, or if the
7 ordinance was adopted in April, 1984, July, 1985, or if the
8 ordinance was adopted in December, 1987 and the redevelopment
9 project is located within one mile of Midway Airport, or if
10 the municipality is subject to the Local Government Financial
11 Planning and Supervision Act, or if the ordinance was adopted
12 on December 29, 1986 by East St. Louis and, for redevelopment
13 project areas for which bonds were issued before July 29,
14 1991, in connection with a redevelopment project in the area
15 within the State Sales Tax Boundary and which were extended
16 by municipal ordinance under subsection (n) of Section
17 11-74.4-3, the last maturity of the refunding obligations
18 shall not be expressed to mature later than the date on which
19 the redevelopment project area is terminated or December 31,
20 2013, whichever date occurs first.
21 In the event a municipality issues obligations under home
22 rule powers or other legislative authority the proceeds of
23 which are pledged to pay for redevelopment project costs, the
24 municipality may, if it has followed the procedures in
25 conformance with this division, retire said obligations from
26 funds in the special tax allocation fund in amounts and in
27 such manner as if such obligations had been issued pursuant
28 to the provisions of this division.
29 All obligations heretofore or hereafter issued pursuant
30 to this Act shall not be regarded as indebtedness of the
31 municipality issuing such obligations or any other taxing
32 district for the purpose of any limitation imposed by law.
33 (Source: P.A. 89-357; eff. 8-17-95; 90-379, eff. 8-14-97.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.