[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1683
LRB9113134SMdv
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 that the effective date of this amendatory
18 Act of the 91st General Assembly.
19 On and after November 1, 1999 the effective date of this
20 amendatory 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
-2- LRB9113134SMdv
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.
-3- LRB9113134SMdv
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.
-4- LRB9113134SMdv
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.
-5- LRB9113134SMdv
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
-6- LRB9113134SMdv
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.
-7- LRB9113134SMdv
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
-8- LRB9113134SMdv
1 sites.
2 (E) Prior to November 1, 1999 the effective
3 date of this amendatory Act of the 91st General
4 Assembly, 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 that the effective date of this amendatory
25 Act of the 91st General Assembly.
26 On and after November 1, 1999 the effective date of this
27 amendatory 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
-9- LRB9113134SMdv
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.
-10- LRB9113134SMdv
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
-11- LRB9113134SMdv
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
-12- LRB9113134SMdv
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
-13- LRB9113134SMdv
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
-14- LRB9113134SMdv
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
-15- LRB9113134SMdv
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
-16- LRB9113134SMdv
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.
-17- LRB9113134SMdv
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.
-18- LRB9113134SMdv
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
-19- LRB9113134SMdv
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 91st
6 General 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
-20- LRB9113134SMdv
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)
-21- LRB9113134SMdv
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
-22- LRB9113134SMdv
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 municipality borders on the
22 Mississippi River with a population in excess of
23 25,000 and is undertaking a redevelopment project
24 that is at or adjacent to the Mississippi River.
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
-23- LRB9113134SMdv
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 91-478 this amendatory Act
5 of 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
-24- LRB9113134SMdv
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, 1999 the effective
21 date 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)
-25- LRB9113134SMdv
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, 1999 the effective
28 date 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, 1999 the effective
33 date of this amendatory Act of the 91st General Assembly,
34 no redevelopment plan shall be adopted, nor an existing
-26- LRB9113134SMdv
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, 1999 the effective date of
5 this amendatory Act of the 91st General Assembly unless
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, 1999 the effective
23 date 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
-27- LRB9113134SMdv
1 redevelopment plan. On and after November 1, 1999 (the
2 effective date of Public Act 91-478) this amendatory Act of
3 the 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,
-28- LRB9113134SMdv
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
-29- LRB9113134SMdv
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
14 the effective date of this amendatory Act of the 91st
15 General 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, 1999 the effective date
27 of this amendatory Act of the 91st General Assembly or
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,
-30- LRB9113134SMdv
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, 1999 the effective
23 date 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
-31- LRB9113134SMdv
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
-32- LRB9113134SMdv
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
-33- LRB9113134SMdv
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
-34- LRB9113134SMdv
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
-35- LRB9113134SMdv
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
-36- LRB9113134SMdv
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
-37- LRB9113134SMdv
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
-38- LRB9113134SMdv
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 91st
19 General 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
-39- LRB9113134SMdv
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
-40- LRB9113134SMdv
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
-41- LRB9113134SMdv
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
-42- LRB9113134SMdv
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
-43- LRB9113134SMdv
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
-44- LRB9113134SMdv
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,
-45- LRB9113134SMdv
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
-46- LRB9113134SMdv
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
-47- LRB9113134SMdv
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 (J) if the municipality borders on the Mississippi
33 River with a population in excess of 25,000 and is
34 undertaking a redevelopment project that is at or adjacent to
-48- LRB9113134SMdv
1 the Mississippi River, or if the ordinance was adopted on
2 November 12, 1991 by the Village of Sauget and, for
3 redevelopment project areas for which bonds were issued
4 before July 29, 1991, in connection with a redevelopment
5 project in the area within the State Sales Tax Boundary and
6 which were extended by municipal ordinance under subsection
7 (n) of Section 11-74.4-3, the last maturity of the refunding
8 obligations shall not be expressed to mature later than the
9 date on which the redevelopment project area is terminated or
10 December 31, 2013, whichever date occurs 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.