Bill Text: IL SB1553 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that the redevelopment project in the TIF district created by an ordinance that was adopted on September 9, 1999 by the Village of Downs must be completed by December 31 of the 35th year (now, the 23rd year) after the year in which the ordinance was adopted. Makes revisory changes. Contains a non-acceleration clause. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0722 [SB1553 Detail]

Download: Illinois-2009-SB1553-Engrossed.html



SB1553 Engrossed LRB096 10849 RLJ 21079 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-74.4-3.5 as follows:
6 (65 ILCS 5/11-74.4-3.5)
7 (Text of Section before amendment by P.A. 95-1028)
8 Sec. 11-74.4-3.5. Completion dates for redevelopment
9 projects.
10 (a) Unless otherwise stated in this Section, the estimated
11 dates of completion of the redevelopment project and retirement
12 of obligations issued to finance redevelopment project costs
13 (including refunding bonds under Section 11-74.4-7) may not be
14 later than December 31 of the year in which the payment to the
15 municipal treasurer, as provided in subsection (b) of Section
16 11-74.4-8 of this Act, is to be made with respect to ad valorem
17 taxes levied in the 23rd calendar year after the year in which
18 the ordinance approving the redevelopment project area was
19 adopted if the ordinance was adopted on or after January 15,
20 1981.
21 (b) The estimated dates of completion of the redevelopment
22 project and retirement of obligations issued to finance
23 redevelopment project costs (including refunding bonds under

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1 Section 11-74.4-7) may not be later than December 31 of the
2 year in which the payment to the municipal treasurer as
3 provided in subsection (b) of Section 11-74.4-8 of this Act is
4 to be made with respect to ad valorem taxes levied in the 33rd
5 calendar year after the year in which the ordinance approving
6 the redevelopment project area was adopted, if the ordinance
7 was adopted on May 20, 1985 by the Village of Wheeling.
8 (c) The estimated dates of completion of the redevelopment
9 project and retirement of obligations issued to finance
10 redevelopment project costs (including refunding bonds under
11 Section 11-74.4-7) may not be later than December 31 of the
12 year in which the payment to the municipal treasurer as
13 provided in subsection (b) of Section 11-74.4-8 of this Act is
14 to be made with respect to ad valorem taxes levied in the 35th
15 calendar year after the year in which the ordinance approving
16 the redevelopment project area was adopted:
17 (1) if the ordinance was adopted before January 15,
18 1981;
19 (2) if the ordinance was adopted in December 1983,
20 April 1984, July 1985, or December 1989;
21 (3) if the ordinance was adopted in December 1987 and
22 the redevelopment project is located within one mile of
23 Midway Airport;
24 (4) if the ordinance was adopted before January 1, 1987
25 by a municipality in Mason County;
26 (5) if the municipality is subject to the Local

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1 Government Financial Planning and Supervision Act or the
2 Financially Distressed City Law;
3 (6) if the ordinance was adopted in December 1984 by
4 the Village of Rosemont;
5 (7) if the ordinance was adopted on December 31, 1986
6 by a municipality located in Clinton County for which at
7 least $250,000 of tax increment bonds were authorized on
8 June 17, 1997, or if the ordinance was adopted on December
9 31, 1986 by a municipality with a population in 1990 of
10 less than 3,600 that is located in a county with a
11 population in 1990 of less than 34,000 and for which at
12 least $250,000 of tax increment bonds were authorized on
13 June 17, 1997;
14 (8) if the ordinance was adopted on October 5, 1982 by
15 the City of Kankakee, or if the ordinance was adopted on
16 December 29, 1986 by East St. Louis;
17 (9) if the ordinance was adopted on November 12, 1991
18 by the Village of Sauget;
19 (10) if the ordinance was adopted on February 11, 1985
20 by the City of Rock Island;
21 (11) if the ordinance was adopted before December 18,
22 1986 by the City of Moline;
23 (12) if the ordinance was adopted in September 1988 by
24 Sauk Village;
25 (13) if the ordinance was adopted in October 1993 by
26 Sauk Village;

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1 (14) if the ordinance was adopted on December 29, 1986
2 by the City of Galva;
3 (15) if the ordinance was adopted in March 1991 by the
4 City of Centreville;
5 (16) if the ordinance was adopted on January 23, 1991
6 by the City of East St. Louis;
7 (17) if the ordinance was adopted on December 22, 1986
8 by the City of Aledo;
9 (18) if the ordinance was adopted on February 5, 1990
10 by the City of Clinton;
11 (19) if the ordinance was adopted on September 6, 1994
12 by the City of Freeport;
13 (20) if the ordinance was adopted on December 22, 1986
14 by the City of Tuscola;
15 (21) if the ordinance was adopted on December 23, 1986
16 by the City of Sparta;
17 (22) if the ordinance was adopted on December 23, 1986
18 by the City of Beardstown;
19 (23) if the ordinance was adopted on April 27, 1981,
20 October 21, 1985, or December 30, 1986 by the City of
21 Belleville;
22 (24) if the ordinance was adopted on December 29, 1986
23 by the City of Collinsville;
24 (25) if the ordinance was adopted on September 14, 1994
25 by the City of Alton;
26 (26) if the ordinance was adopted on November 11, 1996

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1 by the City of Lexington;
2 (27) if the ordinance was adopted on November 5, 1984
3 by the City of LeRoy;
4 (28) if the ordinance was adopted on April 3, 1991 or
5 June 3, 1992 by the City of Markham;
6 (29) if the ordinance was adopted on November 11, 1986
7 by the City of Pekin;
8 (30) if the ordinance was adopted on December 15, 1981
9 by the City of Champaign;
10 (31) if the ordinance was adopted on December 15, 1986
11 by the City of Urbana;
12 (32) if the ordinance was adopted on December 15, 1986
13 by the Village of Heyworth;
14 (33) if the ordinance was adopted on February 24, 1992
15 by the Village of Heyworth;
16 (34) if the ordinance was adopted on March 16, 1995 by
17 the Village of Heyworth;
18 (35) if the ordinance was adopted on December 23, 1986
19 by the Town of Cicero;
20 (36) if the ordinance was adopted on December 30, 1986
21 by the City of Effingham;
22 (37) if the ordinance was adopted on May 9, 1991 by the
23 Village of Tilton;
24 (38) if the ordinance was adopted on October 20, 1986
25 by the City of Elmhurst;
26 (39) if the ordinance was adopted on January 19, 1988

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1 by the City of Waukegan;
2 (40) if the ordinance was adopted on September 21, 1998
3 by the City of Waukegan;
4 (41) if the ordinance was adopted on December 31, 1986
5 by the City of Sullivan;
6 (42) if the ordinance was adopted on December 23, 1991
7 by the City of Sullivan;
8 (43) if the ordinance was adopted on December 31, 1986
9 by the City of Oglesby;
10 (44) if the ordinance was adopted on July 28, 1987 by
11 the City of Marion;
12 (45) if the ordinance was adopted on April 23, 1990 by
13 the City of Marion;
14 (46) if the ordinance was adopted on August 20, 1985 by
15 the Village of Mount Prospect;
16 (47) if the ordinance was adopted on February 2, 1998
17 by the Village of Woodhull;
18 (48) if the ordinance was adopted on April 20, 1993 by
19 the Village of Princeville;
20 (49) if the ordinance was adopted on July 1, 1986 by
21 the City of Granite City;
22 (50) if the ordinance was adopted on February 2, 1989
23 by the Village of Lombard;
24 (51) if the ordinance was adopted on December 29, 1986
25 by the Village of Gardner;
26 (52) if the ordinance was adopted on July 14, 1999 by

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1 the Village of Paw Paw;
2 (53) if the ordinance was adopted on November 17, 1986
3 by the Village of Franklin Park;
4 (54) if the ordinance was adopted on November 20, 1989
5 by the Village of South Holland;
6 (55) if the ordinance was adopted on July 14, 1992 by
7 the Village of Riverdale;
8 (56) if the ordinance was adopted on December 29, 1986
9 by the City of Galesburg;
10 (57) if the ordinance was adopted on April 1, 1985 by
11 the City of Galesburg;
12 (58) if the ordinance was adopted on May 21, 1990 by
13 the City of West Chicago;
14 (59) if the ordinance was adopted on December 16, 1986
15 by the City of Oak Forest;
16 (60) if the ordinance was adopted in 1999 by the City
17 of Villa Grove;
18 (61) if the ordinance was adopted on January 13, 1987
19 by the Village of Mt. Zion;
20 (62) if the ordinance was adopted on December 30, 1986
21 by the Village of Manteno;
22 (63) if the ordinance was adopted on April 3, 1989 by
23 the City of Chicago Heights;
24 (64) if the ordinance was adopted on January 6, 1999 by
25 the Village of Rosemont;
26 (65) if the ordinance was adopted on December 19, 2000

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1 by the Village of Stone Park;
2 (66) if the ordinance was adopted on December 22, 1986
3 by the City of DeKalb; or
4 (67) if the ordinance was adopted on December 2, 1986
5 by the City of Aurora; .
6 (68) (67) if the ordinance was adopted on December 31,
7 1986 by the Village of Milan; or
8 (69) (68) if the ordinance was adopted on September 8,
9 1994 by the City of West Frankfort; .
10 (70) if the ordinance was adopted on December 23, 1986
11 by the Village of Libertyville;
12 (72) if the ordinance was adopted on September 9, 1999
13 by the Village of Downs;
14 (73) if the ordinance was adopted on December 29, 1986
15 by the City of Pontiac to create TIF I (the Main St TIF);
16 or
17 (74) if the ordinance was adopted on December 29, 1986
18 by the City of Pontiac to create TIF II (the Interstate
19 TIF).
20 (d) For redevelopment project areas for which bonds were
21 issued before July 29, 1991, or for which contracts were
22 entered into before June 1, 1988, in connection with a
23 redevelopment project in the area within the State Sales Tax
24 Boundary, the estimated dates of completion of the
25 redevelopment project and retirement of obligations to finance
26 redevelopment project costs (including refunding bonds under

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1 Section 11-74.4-7) may be extended by municipal ordinance to
2 December 31, 2013. The termination procedures of subsection (b)
3 of Section 11-74.4-8 are not required for these redevelopment
4 project areas in 2009 but are required in 2013. The extension
5 allowed by Public Act 87-1272 shall not apply to real property
6 tax increment allocation financing under Section 11-74.4-8.
7 (e) Those dates, for purposes of real property tax
8 increment allocation financing pursuant to Section 11-74.4-8
9 only, shall be not more than 35 years for redevelopment project
10 areas that were adopted on or after December 16, 1986 and for
11 which at least $8 million worth of municipal bonds were
12 authorized on or after December 19, 1989 but before January 1,
13 1990; provided that the municipality elects to extend the life
14 of the redevelopment project area to 35 years by the adoption
15 of an ordinance after at least 14 but not more than 30 days'
16 written notice to the taxing bodies, that would otherwise
17 constitute the joint review board for the redevelopment project
18 area, before the adoption of the ordinance.
19 (f) Those dates, for purposes of real property tax
20 increment allocation financing pursuant to Section 11-74.4-8
21 only, shall be not more than 35 years for redevelopment project
22 areas that were established on or after December 1, 1981 but
23 before January 1, 1982 and for which at least $1,500,000 worth
24 of tax increment revenue bonds were authorized on or after
25 September 30, 1990 but before July 1, 1991; provided that the
26 municipality elects to extend the life of the redevelopment

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1 project area to 35 years by the adoption of an ordinance after
2 at least 14 but not more than 30 days' written notice to the
3 taxing bodies, that would otherwise constitute the joint review
4 board for the redevelopment project area, before the adoption
5 of the ordinance.
6 (g) In consolidating the material relating to completion
7 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
8 it is not the intent of the 95th General Assembly to make any
9 substantive change in the law, except for the extension of the
10 completion dates date for the City of Aurora, the Village of
11 Milan, and the City of West Frankfort, and the Village of
12 Libertyville set forth under items item (67), and (68), (69),
13 and (70) of subsection (c) of this Section.
14 (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
15 incorporates P.A. 95-777, eff. 9-22-08; revised 10-14-08.)
16 (Text of Section after amendment by P.A. 95-1028)
17 Sec. 11-74.4-3.5. Completion dates for redevelopment
18 projects.
19 (a) Unless otherwise stated in this Section, the estimated
20 dates of completion of the redevelopment project and retirement
21 of obligations issued to finance redevelopment project costs
22 (including refunding bonds under Section 11-74.4-7) may not be
23 later than December 31 of the year in which the payment to the
24 municipal treasurer, as provided in subsection (b) of Section
25 11-74.4-8 of this Act, is to be made with respect to ad valorem

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1 taxes levied in the 23rd calendar year after the year in which
2 the ordinance approving the redevelopment project area was
3 adopted if the ordinance was adopted on or after January 15,
4 1981.
5 (b) The estimated dates of completion of the redevelopment
6 project and retirement of obligations issued to finance
7 redevelopment project costs (including refunding bonds under
8 Section 11-74.4-7) may not be later than December 31 of the
9 year in which the payment to the municipal treasurer as
10 provided in subsection (b) of Section 11-74.4-8 of this Act is
11 to be made with respect to ad valorem taxes levied in the 33rd
12 calendar year after the year in which the ordinance approving
13 the redevelopment project area was adopted, if the ordinance
14 was adopted on May 20, 1985 by the Village of Wheeling.
15 (c) The estimated dates of completion of the redevelopment
16 project and retirement of obligations issued to finance
17 redevelopment project costs (including refunding bonds under
18 Section 11-74.4-7) may not be later than December 31 of the
19 year in which the payment to the municipal treasurer as
20 provided in subsection (b) of Section 11-74.4-8 of this Act is
21 to be made with respect to ad valorem taxes levied in the 35th
22 calendar year after the year in which the ordinance approving
23 the redevelopment project area was adopted:
24 (1) if the ordinance was adopted before January 15,
25 1981;
26 (2) if the ordinance was adopted in December 1983,

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1 April 1984, July 1985, or December 1989;
2 (3) if the ordinance was adopted in December 1987 and
3 the redevelopment project is located within one mile of
4 Midway Airport;
5 (4) if the ordinance was adopted before January 1, 1987
6 by a municipality in Mason County;
7 (5) if the municipality is subject to the Local
8 Government Financial Planning and Supervision Act or the
9 Financially Distressed City Law;
10 (6) if the ordinance was adopted in December 1984 by
11 the Village of Rosemont;
12 (7) if the ordinance was adopted on December 31, 1986
13 by a municipality located in Clinton County for which at
14 least $250,000 of tax increment bonds were authorized on
15 June 17, 1997, or if the ordinance was adopted on December
16 31, 1986 by a municipality with a population in 1990 of
17 less than 3,600 that is located in a county with a
18 population in 1990 of less than 34,000 and for which at
19 least $250,000 of tax increment bonds were authorized on
20 June 17, 1997;
21 (8) if the ordinance was adopted on October 5, 1982 by
22 the City of Kankakee, or if the ordinance was adopted on
23 December 29, 1986 by East St. Louis;
24 (9) if the ordinance was adopted on November 12, 1991
25 by the Village of Sauget;
26 (10) if the ordinance was adopted on February 11, 1985

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1 by the City of Rock Island;
2 (11) if the ordinance was adopted before December 18,
3 1986 by the City of Moline;
4 (12) if the ordinance was adopted in September 1988 by
5 Sauk Village;
6 (13) if the ordinance was adopted in October 1993 by
7 Sauk Village;
8 (14) if the ordinance was adopted on December 29, 1986
9 by the City of Galva;
10 (15) if the ordinance was adopted in March 1991 by the
11 City of Centreville;
12 (16) if the ordinance was adopted on January 23, 1991
13 by the City of East St. Louis;
14 (17) if the ordinance was adopted on December 22, 1986
15 by the City of Aledo;
16 (18) if the ordinance was adopted on February 5, 1990
17 by the City of Clinton;
18 (19) if the ordinance was adopted on September 6, 1994
19 by the City of Freeport;
20 (20) if the ordinance was adopted on December 22, 1986
21 by the City of Tuscola;
22 (21) if the ordinance was adopted on December 23, 1986
23 by the City of Sparta;
24 (22) if the ordinance was adopted on December 23, 1986
25 by the City of Beardstown;
26 (23) if the ordinance was adopted on April 27, 1981,

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1 October 21, 1985, or December 30, 1986 by the City of
2 Belleville;
3 (24) if the ordinance was adopted on December 29, 1986
4 by the City of Collinsville;
5 (25) if the ordinance was adopted on September 14, 1994
6 by the City of Alton;
7 (26) if the ordinance was adopted on November 11, 1996
8 by the City of Lexington;
9 (27) if the ordinance was adopted on November 5, 1984
10 by the City of LeRoy;
11 (28) if the ordinance was adopted on April 3, 1991 or
12 June 3, 1992 by the City of Markham;
13 (29) if the ordinance was adopted on November 11, 1986
14 by the City of Pekin;
15 (30) if the ordinance was adopted on December 15, 1981
16 by the City of Champaign;
17 (31) if the ordinance was adopted on December 15, 1986
18 by the City of Urbana;
19 (32) if the ordinance was adopted on December 15, 1986
20 by the Village of Heyworth;
21 (33) if the ordinance was adopted on February 24, 1992
22 by the Village of Heyworth;
23 (34) if the ordinance was adopted on March 16, 1995 by
24 the Village of Heyworth;
25 (35) if the ordinance was adopted on December 23, 1986
26 by the Town of Cicero;

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1 (36) if the ordinance was adopted on December 30, 1986
2 by the City of Effingham;
3 (37) if the ordinance was adopted on May 9, 1991 by the
4 Village of Tilton;
5 (38) if the ordinance was adopted on October 20, 1986
6 by the City of Elmhurst;
7 (39) if the ordinance was adopted on January 19, 1988
8 by the City of Waukegan;
9 (40) if the ordinance was adopted on September 21, 1998
10 by the City of Waukegan;
11 (41) if the ordinance was adopted on December 31, 1986
12 by the City of Sullivan;
13 (42) if the ordinance was adopted on December 23, 1991
14 by the City of Sullivan;
15 (43) if the ordinance was adopted on December 31, 1986
16 by the City of Oglesby;
17 (44) if the ordinance was adopted on July 28, 1987 by
18 the City of Marion;
19 (45) if the ordinance was adopted on April 23, 1990 by
20 the City of Marion;
21 (46) if the ordinance was adopted on August 20, 1985 by
22 the Village of Mount Prospect;
23 (47) if the ordinance was adopted on February 2, 1998
24 by the Village of Woodhull;
25 (48) if the ordinance was adopted on April 20, 1993 by
26 the Village of Princeville;

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1 (49) if the ordinance was adopted on July 1, 1986 by
2 the City of Granite City;
3 (50) if the ordinance was adopted on February 2, 1989
4 by the Village of Lombard;
5 (51) if the ordinance was adopted on December 29, 1986
6 by the Village of Gardner;
7 (52) if the ordinance was adopted on July 14, 1999 by
8 the Village of Paw Paw;
9 (53) if the ordinance was adopted on November 17, 1986
10 by the Village of Franklin Park;
11 (54) if the ordinance was adopted on November 20, 1989
12 by the Village of South Holland;
13 (55) if the ordinance was adopted on July 14, 1992 by
14 the Village of Riverdale;
15 (56) if the ordinance was adopted on December 29, 1986
16 by the City of Galesburg;
17 (57) if the ordinance was adopted on April 1, 1985 by
18 the City of Galesburg;
19 (58) if the ordinance was adopted on May 21, 1990 by
20 the City of West Chicago;
21 (59) if the ordinance was adopted on December 16, 1986
22 by the City of Oak Forest;
23 (60) if the ordinance was adopted in 1999 by the City
24 of Villa Grove;
25 (61) if the ordinance was adopted on January 13, 1987
26 by the Village of Mt. Zion;

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1 (62) if the ordinance was adopted on December 30, 1986
2 by the Village of Manteno;
3 (63) if the ordinance was adopted on April 3, 1989 by
4 the City of Chicago Heights;
5 (64) if the ordinance was adopted on January 6, 1999 by
6 the Village of Rosemont;
7 (65) if the ordinance was adopted on December 19, 2000
8 by the Village of Stone Park;
9 (66) if the ordinance was adopted on December 22, 1986
10 by the City of DeKalb; or
11 (67) if the ordinance was adopted on December 2, 1986
12 by the City of Aurora; .
13 (68) (67) if the ordinance was adopted on December 31,
14 1986 by the Village of Milan; or
15 (69) (68) if the ordinance was adopted on September 8,
16 1994 by the City of West Frankfort; .
17 (70) if the ordinance was adopted on December 23, 1986
18 by the Village of Libertyville;
19 (71) if the ordinance was adopted on December 22, 1986
20 by the Village of Hoffman Estates;
21 (72) if the ordinance was adopted on September 9, 1999
22 by the Village of Downs;
23 (73) if the ordinance was adopted on December 29, 1986
24 by the City of Pontiac to create TIF I (the Main St TIF);
25 or
26 (74) if the ordinance was adopted on December 29, 1986

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1 by the City of Pontiac to create TIF II (the Interstate
2 TIF).
3 (d) For redevelopment project areas for which bonds were
4 issued before July 29, 1991, or for which contracts were
5 entered into before June 1, 1988, in connection with a
6 redevelopment project in the area within the State Sales Tax
7 Boundary, the estimated dates of completion of the
8 redevelopment project and retirement of obligations to finance
9 redevelopment project costs (including refunding bonds under
10 Section 11-74.4-7) may be extended by municipal ordinance to
11 December 31, 2013. The termination procedures of subsection (b)
12 of Section 11-74.4-8 are not required for these redevelopment
13 project areas in 2009 but are required in 2013. The extension
14 allowed by Public Act 87-1272 shall not apply to real property
15 tax increment allocation financing under Section 11-74.4-8.
16 (e) Those dates, for purposes of real property tax
17 increment allocation financing pursuant to Section 11-74.4-8
18 only, shall be not more than 35 years for redevelopment project
19 areas that were adopted on or after December 16, 1986 and for
20 which at least $8 million worth of municipal bonds were
21 authorized on or after December 19, 1989 but before January 1,
22 1990; provided that the municipality elects to extend the life
23 of the redevelopment project area to 35 years by the adoption
24 of an ordinance after at least 14 but not more than 30 days'
25 written notice to the taxing bodies, that would otherwise
26 constitute the joint review board for the redevelopment project

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1 area, before the adoption of the ordinance.
2 (f) Those dates, for purposes of real property tax
3 increment allocation financing pursuant to Section 11-74.4-8
4 only, shall be not more than 35 years for redevelopment project
5 areas that were established on or after December 1, 1981 but
6 before January 1, 1982 and for which at least $1,500,000 worth
7 of tax increment revenue bonds were authorized on or after
8 September 30, 1990 but before July 1, 1991; provided that the
9 municipality elects to extend the life of the redevelopment
10 project area to 35 years by the adoption of an ordinance after
11 at least 14 but not more than 30 days' written notice to the
12 taxing bodies, that would otherwise constitute the joint review
13 board for the redevelopment project area, before the adoption
14 of the ordinance.
15 (g) In consolidating the material relating to completion
16 dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
17 it is not the intent of the 95th General Assembly to make any
18 substantive change in the law, except for the extension of the
19 completion dates date for the City of Aurora, the Village of
20 Milan, and the City of West Frankfort, the Village of
21 Libertyville, and the Village of Hoffman Estates set forth
22 under items item (67), and (68), (69), (70), and (71) of
23 subsection (c) of this Section.
24 (Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
25 incorporates P.A. 95-777, eff. 9-22-08, and 95-1028, eff.
26 1-1-10; revised 1-27-09.)

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1 Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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