Public Act 099-0792

SB2562 Enrolled LRB099 17003 HLH 41355 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by

changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4,

11-74.4-6, 11-74.4-8, and 11-74.6-22 and by adding Section

11-74.4-3.3 as follows:

(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)

Sec. 11-74.4-3. Definitions. The following terms, wherever

used or referred to in this Division 74.4 shall have the

following respective meanings, unless in any case a different

meaning clearly appears from the context.

(a) For any redevelopment project area that has been

designated pursuant to this Section by an ordinance adopted

prior to November 1, 1999 (the effective date of Public Act

91-478), "blighted area" shall have the meaning set forth in

this Section prior to that date.

On and after November 1, 1999, "blighted area" means any

improved or vacant area within the boundaries of a

redevelopment project area located within the territorial

limits of the municipality where:

(1) If improved, industrial, commercial, and

residential buildings or improvements are detrimental to

the public safety, health, or welfare because of a

combination of 5 or more of the following factors, each of

which is (i) present, with that presence documented, to a

meaningful extent so that a municipality may reasonably

find that the factor is clearly present within the intent

of the Act and (ii) reasonably distributed throughout the

improved part of the redevelopment project area:

(A) Dilapidation. An advanced state of disrepair

or neglect of necessary repairs to the primary

structural components of buildings or improvements in

such a combination that a documented building

condition analysis determines that major repair is

required or the defects are so serious and so extensive

that the buildings must be removed.

(B) Obsolescence. The condition or process of

falling into disuse. Structures have become ill-suited

for the original use.

(C) Deterioration. With respect to buildings,

defects including, but not limited to, major defects in

the secondary building components such as doors,

windows, porches, gutters and downspouts, and fascia.

With respect to surface improvements, that the

condition of roadways, alleys, curbs, gutters,

sidewalks, off-street parking, and surface storage

areas evidence deterioration, including, but not

limited to, surface cracking, crumbling, potholes,

depressions, loose paving material, and weeds

protruding through paved surfaces.

(D) Presence of structures below minimum code

standards. All structures that do not meet the

standards of zoning, subdivision, building, fire, and

other governmental codes applicable to property, but

not including housing and property maintenance codes.

(E) Illegal use of individual structures. The use

of structures in violation of applicable federal,

State, or local laws, exclusive of those applicable to

the presence of structures below minimum code

standards.

(F) Excessive vacancies. The presence of buildings

that are unoccupied or under-utilized and that

represent an adverse influence on the area because of

the frequency, extent, or duration of the vacancies.

(G) Lack of ventilation, light, or sanitary

facilities. The absence of adequate ventilation for

light or air circulation in spaces or rooms without

windows, or that require the removal of dust, odor,

gas, smoke, or other noxious airborne materials.

Inadequate natural light and ventilation means the

absence of skylights or windows for interior spaces or

rooms and improper window sizes and amounts by room

area to window area ratios. Inadequate sanitary

facilities refers to the absence or inadequacy of

garbage storage and enclosure, bathroom facilities,

hot water and kitchens, and structural inadequacies

preventing ingress and egress to and from all rooms and

units within a building.

(H) Inadequate utilities. Underground and overhead

utilities such as storm sewers and storm drainage,

sanitary sewers, water lines, and gas, telephone, and

electrical services that are shown to be inadequate.

Inadequate utilities are those that are: (i) of

insufficient capacity to serve the uses in the

redevelopment project area, (ii) deteriorated,

antiquated, obsolete, or in disrepair, or (iii)

lacking within the redevelopment project area.

(I) Excessive land coverage and overcrowding of

structures and community facilities. The

over-intensive use of property and the crowding of

buildings and accessory facilities onto a site.

Examples of problem conditions warranting the

designation of an area as one exhibiting excessive land

coverage are: (i) the presence of buildings either

improperly situated on parcels or located on parcels of

inadequate size and shape in relation to present-day

standards of development for health and safety and (ii)

the presence of multiple buildings on a single parcel.

For there to be a finding of excessive land coverage,

these parcels must exhibit one or more of the following

conditions: insufficient provision for light and air

within or around buildings, increased threat of spread

of fire due to the close proximity of buildings, lack

of adequate or proper access to a public right-of-way,

lack of reasonably required off-street parking, or

inadequate provision for loading and service.

(J) Deleterious land use or layout. The existence

of incompatible land-use relationships, buildings

occupied by inappropriate mixed-uses, or uses

considered to be noxious, offensive, or unsuitable for

the surrounding area.

(K) Environmental clean-up. The proposed

redevelopment project area has incurred Illinois

Environmental Protection Agency or United States

Environmental Protection Agency remediation costs for,

or a study conducted by an independent consultant

recognized as having expertise in environmental

remediation has determined a need for, the clean-up of

hazardous waste, hazardous substances, or underground

storage tanks required by State or federal law,

provided that the remediation costs constitute a

material impediment to the development or

redevelopment of the redevelopment project area.

(L) Lack of community planning. The proposed

redevelopment project area was developed prior to or

without the benefit or guidance of a community plan.

This means that the development occurred prior to the

adoption by the municipality of a comprehensive or

other community plan or that the plan was not followed

at the time of the area's development. This factor must

be documented by evidence of adverse or incompatible

land-use relationships, inadequate street layout,

improper subdivision, parcels of inadequate shape and

size to meet contemporary development standards, or

other evidence demonstrating an absence of effective

community planning.

(M) The total equalized assessed value of the

proposed redevelopment project area has declined for 3

of the last 5 calendar years prior to the year in which

the redevelopment project area is designated or is

increasing at an annual rate that is less than the

balance of the municipality for 3 of the last 5

calendar years for which information is available or is

increasing at an annual rate that is less than the

Consumer Price Index for All Urban Consumers published

by the United States Department of Labor or successor

agency for 3 of the last 5 calendar years prior to the

year in which the redevelopment project area is

designated.

(2) If vacant, the sound growth of the redevelopment

project area is impaired by a combination of 2 or more of

the following factors, each of which is (i) present, with

that presence documented, to a meaningful extent so that a

municipality may reasonably find that the factor is clearly

present within the intent of the Act and (ii) reasonably

distributed throughout the vacant part of the

redevelopment project area to which it pertains:

(A) Obsolete platting of vacant land that results

in parcels of limited or narrow size or configurations

of parcels of irregular size or shape that would be

difficult to develop on a planned basis and in a manner

compatible with contemporary standards and

requirements, or platting that failed to create

rights-of-ways for streets or alleys or that created

inadequate right-of-way widths for streets, alleys, or

other public rights-of-way or that omitted easements

for public utilities.

(B) Diversity of ownership of parcels of vacant

land sufficient in number to retard or impede the

ability to assemble the land for development.

(C) Tax and special assessment delinquencies exist

or the property has been the subject of tax sales under

the Property Tax Code within the last 5 years.

(D) Deterioration of structures or site

improvements in neighboring areas adjacent to the

vacant land.

(E) The area has incurred Illinois Environmental

Protection Agency or United States Environmental

Protection Agency remediation costs for, or a study

conducted by an independent consultant recognized as

having expertise in environmental remediation has

determined a need for, the clean-up of hazardous waste,

hazardous substances, or underground storage tanks

required by State or federal law, provided that the

remediation costs constitute a material impediment to

the development or redevelopment of the redevelopment

project area.

(F) The total equalized assessed value of the

proposed redevelopment project area has declined for 3

of the last 5 calendar years prior to the year in which

the redevelopment project area is designated or is

increasing at an annual rate that is less than the

balance of the municipality for 3 of the last 5

calendar years for which information is available or is

increasing at an annual rate that is less than the

Consumer Price Index for All Urban Consumers published

by the United States Department of Labor or successor

agency for 3 of the last 5 calendar years prior to the

year in which the redevelopment project area is

designated.

(3) If vacant, the sound growth of the redevelopment

project area is impaired by one of the following factors

that (i) is present, with that presence documented, to a

meaningful extent so that a municipality may reasonably

find that the factor is clearly present within the intent

of the Act and (ii) is reasonably distributed throughout

the vacant part of the redevelopment project area to which

it pertains:

(A) The area consists of one or more unused

quarries, mines, or strip mine ponds.

(B) The area consists of unused rail yards, rail

tracks, or railroad rights-of-way.

(C) The area, prior to its designation, is subject

to (i) chronic flooding that adversely impacts on real

property in the area as certified by a registered

professional engineer or appropriate regulatory agency

or (ii) surface water that discharges from all or a

part of the area and contributes to flooding within the

same watershed, but only if the redevelopment project

provides for facilities or improvements to contribute

to the alleviation of all or part of the flooding.

(D) The area consists of an unused or illegal

disposal site containing earth, stone, building

debris, or similar materials that were removed from

construction, demolition, excavation, or dredge sites.

(E) Prior to November 1, 1999, the area is not less

than 50 nor more than 100 acres and 75% of which is

vacant (notwithstanding that the area has been used for

commercial agricultural purposes within 5 years prior

to the designation of the redevelopment project area),

and the area meets at least one of the factors itemized

in paragraph (1) of this subsection, the area has been

designated as a town or village center by ordinance or

comprehensive plan adopted prior to January 1, 1982,

and the area has not been developed for that designated

purpose.

(F) The area qualified as a blighted improved area

immediately prior to becoming vacant, unless there has

been substantial private investment in the immediately

surrounding area.

(b) For any redevelopment project area that has been

designated pursuant to this Section by an ordinance adopted

prior to November 1, 1999 (the effective date of Public Act

91-478), "conservation area" shall have the meaning set forth

in this Section prior to that date.

On and after November 1, 1999, "conservation area" means

any improved area within the boundaries of a redevelopment

project area located within the territorial limits of the

municipality in which 50% or more of the structures in the area

have an age of 35 years or more. Such an area is not yet a

blighted area but because of a combination of 3 or more of the

following factors is detrimental to the public safety, health,

morals or welfare and such an area may become a blighted area:

(1) Dilapidation. An advanced state of disrepair or

neglect of necessary repairs to the primary structural

components of buildings or improvements in such a

combination that a documented building condition analysis

determines that major repair is required or the defects are

so serious and so extensive that the buildings must be

removed.

(2) Obsolescence. The condition or process of falling

into disuse. Structures have become ill-suited for the

original use.

(3) Deterioration. With respect to buildings, defects

including, but not limited to, major defects in the

secondary building components such as doors, windows,

porches, gutters and downspouts, and fascia. With respect

to surface improvements, that the condition of roadways,

alleys, curbs, gutters, sidewalks, off-street parking, and

surface storage areas evidence deterioration, including,

but not limited to, surface cracking, crumbling, potholes,

depressions, loose paving material, and weeds protruding

through paved surfaces.

(4) Presence of structures below minimum code

standards. All structures that do not meet the standards of

zoning, subdivision, building, fire, and other

governmental codes applicable to property, but not

including housing and property maintenance codes.

(5) Illegal use of individual structures. The use of

structures in violation of applicable federal, State, or

local laws, exclusive of those applicable to the presence

of structures below minimum code standards.

(6) Excessive vacancies. The presence of buildings

that are unoccupied or under-utilized and that represent an

adverse influence on the area because of the frequency,

extent, or duration of the vacancies.

(7) Lack of ventilation, light, or sanitary

facilities. The absence of adequate ventilation for light

or air circulation in spaces or rooms without windows, or

that require the removal of dust, odor, gas, smoke, or

other noxious airborne materials. Inadequate natural light

and ventilation means the absence or inadequacy of

skylights or windows for interior spaces or rooms and

improper window sizes and amounts by room area to window

area ratios. Inadequate sanitary facilities refers to the

absence or inadequacy of garbage storage and enclosure,

bathroom facilities, hot water and kitchens, and

structural inadequacies preventing ingress and egress to

and from all rooms and units within a building.

(8) Inadequate utilities. Underground and overhead

utilities such as storm sewers and storm drainage, sanitary

sewers, water lines, and gas, telephone, and electrical

services that are shown to be inadequate. Inadequate

utilities are those that are: (i) of insufficient capacity

to serve the uses in the redevelopment project area, (ii)

deteriorated, antiquated, obsolete, or in disrepair, or

(iii) lacking within the redevelopment project area.

(9) Excessive land coverage and overcrowding of

structures and community facilities. The over-intensive

use of property and the crowding of buildings and accessory

facilities onto a site. Examples of problem conditions

warranting the designation of an area as one exhibiting

excessive land coverage are: the presence of buildings

either improperly situated on parcels or located on parcels

of inadequate size and shape in relation to present-day

standards of development for health and safety and the

presence of multiple buildings on a single parcel. For

there to be a finding of excessive land coverage, these

parcels must exhibit one or more of the following

conditions: insufficient provision for light and air

within or around buildings, increased threat of spread of

fire due to the close proximity of buildings, lack of

adequate or proper access to a public right-of-way, lack of

reasonably required off-street parking, or inadequate

provision for loading and service.

(10) Deleterious land use or layout. The existence of

incompatible land-use relationships, buildings occupied by

inappropriate mixed-uses, or uses considered to be

noxious, offensive, or unsuitable for the surrounding

area.

(11) Lack of community planning. The proposed

redevelopment project area was developed prior to or

without the benefit or guidance of a community plan. This

means that the development occurred prior to the adoption

by the municipality of a comprehensive or other community

plan or that the plan was not followed at the time of the

area's development. This factor must be documented by

evidence of adverse or incompatible land-use

relationships, inadequate street layout, improper

subdivision, parcels of inadequate shape and size to meet

contemporary development standards, or other evidence

demonstrating an absence of effective community planning.

(12) The area has incurred Illinois Environmental

Protection Agency or United States Environmental

Protection Agency remediation costs for, or a study

conducted by an independent consultant recognized as

having expertise in environmental remediation has

determined a need for, the clean-up of hazardous waste,

hazardous substances, or underground storage tanks

required by State or federal law, provided that the

remediation costs constitute a material impediment to the

development or redevelopment of the redevelopment project

area.

(13) The total equalized assessed value of the proposed

redevelopment project area has declined for 3 of the last 5

calendar years for which information is available or is

increasing at an annual rate that is less than the balance

of the municipality for 3 of the last 5 calendar years for

which information is available or is increasing at an

annual rate that is less than the Consumer Price Index for

All Urban Consumers published by the United States

Department of Labor or successor agency for 3 of the last 5

calendar years for which information is available.

(c) "Industrial park" means an area in a blighted or

conservation area suitable for use by any manufacturing,

industrial, research or transportation enterprise, of

facilities to include but not be limited to factories, mills,

processing plants, assembly plants, packing plants,

fabricating plants, industrial distribution centers,

warehouses, repair overhaul or service facilities, freight

terminals, research facilities, test facilities or railroad

facilities.

(d) "Industrial park conservation area" means an area

within the boundaries of a redevelopment project area located

within the territorial limits of a municipality that is a labor

surplus municipality or within 1 1/2 miles of the territorial

limits of a municipality that is a labor surplus municipality

if the area is annexed to the municipality; which area is zoned

as industrial no later than at the time the municipality by

ordinance designates the redevelopment project area, and which

area includes both vacant land suitable for use as an

industrial park and a blighted area or conservation area

contiguous to such vacant land.

(e) "Labor surplus municipality" means a municipality in

which, at any time during the 6 months before the municipality

by ordinance designates an industrial park conservation area,

the unemployment rate was over 6% and was also 100% or more of

the national average unemployment rate for that same time as

published in the United States Department of Labor Bureau of

Labor Statistics publication entitled "The Employment

Situation" or its successor publication. For the purpose of

this subsection, if unemployment rate statistics for the

municipality are not available, the unemployment rate in the

municipality shall be deemed to be the same as the unemployment

rate in the principal county in which the municipality is

located.

(f) "Municipality" shall mean a city, village,

incorporated town, or a township that is located in the

unincorporated portion of a county with 3 million or more

inhabitants, if the county adopted an ordinance that approved

the township's redevelopment plan.

(g) "Initial Sales Tax Amounts" means the amount of taxes

paid under the Retailers' Occupation Tax Act, Use Tax Act,

Service Use Tax Act, the Service Occupation Tax Act, the

Municipal Retailers' Occupation Tax Act, and the Municipal

Service Occupation Tax Act by retailers and servicemen on

transactions at places located in a State Sales Tax Boundary

during the calendar year 1985.

(g-1) "Revised Initial Sales Tax Amounts" means the amount

of taxes paid under the Retailers' Occupation Tax Act, Use Tax

Act, Service Use Tax Act, the Service Occupation Tax Act, the

Municipal Retailers' Occupation Tax Act, and the Municipal

Service Occupation Tax Act by retailers and servicemen on

transactions at places located within the State Sales Tax

Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.

(h) "Municipal Sales Tax Increment" means an amount equal

to the increase in the aggregate amount of taxes paid to a

municipality from the Local Government Tax Fund arising from

sales by retailers and servicemen within the redevelopment

project area or State Sales Tax Boundary, as the case may be,

for as long as the redevelopment project area or State Sales

Tax Boundary, as the case may be, exist over and above the

aggregate amount of taxes as certified by the Illinois

Department of Revenue and paid under the Municipal Retailers'

Occupation Tax Act and the Municipal Service Occupation Tax Act

by retailers and servicemen, on transactions at places of

business located in the redevelopment project area or State

Sales Tax Boundary, as the case may be, during the base year

which shall be the calendar year immediately prior to the year

in which the municipality adopted tax increment allocation

financing. For purposes of computing the aggregate amount of

such taxes for base years occurring prior to 1985, the

Department of Revenue shall determine the Initial Sales Tax

Amounts for such taxes and deduct therefrom an amount equal to

4% of the aggregate amount of taxes per year for each year the

base year is prior to 1985, but not to exceed a total deduction

of 12%. The amount so determined shall be known as the

"Adjusted Initial Sales Tax Amounts". For purposes of

determining the Municipal Sales Tax Increment, the Department

of Revenue shall for each period subtract from the amount paid

to the municipality from the Local Government Tax Fund arising

from sales by retailers and servicemen on transactions located

in the redevelopment project area or the State Sales Tax

Boundary, as the case may be, the certified Initial Sales Tax

Amounts, the Adjusted Initial Sales Tax Amounts or the Revised

Initial Sales Tax Amounts for the Municipal Retailers'

Occupation Tax Act and the Municipal Service Occupation Tax

Act. For the State Fiscal Year 1989, this calculation shall be

made by utilizing the calendar year 1987 to determine the tax

amounts received. For the State Fiscal Year 1990, this

calculation shall be made by utilizing the period from January

1, 1988, until September 30, 1988, to determine the tax amounts

received from retailers and servicemen pursuant to the

Municipal Retailers' Occupation Tax and the Municipal Service

Occupation Tax Act, which shall have deducted therefrom

nine-twelfths of the certified Initial Sales Tax Amounts, the

Adjusted Initial Sales Tax Amounts or the Revised Initial Sales

Tax Amounts as appropriate. For the State Fiscal Year 1991,

this calculation shall be made by utilizing the period from

October 1, 1988, to June 30, 1989, to determine the tax amounts

received from retailers and servicemen pursuant to the

Municipal Retailers' Occupation Tax and the Municipal Service

Occupation Tax Act which shall have deducted therefrom

nine-twelfths of the certified Initial Sales Tax Amounts,

Adjusted Initial Sales Tax Amounts or the Revised Initial Sales

Tax Amounts as appropriate. For every State Fiscal Year

thereafter, the applicable period shall be the 12 months

beginning July 1 and ending June 30 to determine the tax

amounts received which shall have deducted therefrom the

certified Initial Sales Tax Amounts, the Adjusted Initial Sales

Tax Amounts or the Revised Initial Sales Tax Amounts, as the

case may be.

(i) "Net State Sales Tax Increment" means the sum of the

following: (a) 80% of the first $100,000 of State Sales Tax

Increment annually generated within a State Sales Tax Boundary;

(b) 60% of the amount in excess of $100,000 but not exceeding

$500,000 of State Sales Tax Increment annually generated within

a State Sales Tax Boundary; and (c) 40% of all amounts in

excess of $500,000 of State Sales Tax Increment annually

generated within a State Sales Tax Boundary. If, however, a

municipality established a tax increment financing district in

a county with a population in excess of 3,000,000 before

January 1, 1986, and the municipality entered into a contract

or issued bonds after January 1, 1986, but before December 31,

1986, to finance redevelopment project costs within a State

Sales Tax Boundary, then the Net State Sales Tax Increment

means, for the fiscal years beginning July 1, 1990, and July 1,

1991, 100% of the State Sales Tax Increment annually generated

within a State Sales Tax Boundary; and notwithstanding any

other provision of this Act, for those fiscal years the

Department of Revenue shall distribute to those municipalities

100% of their Net State Sales Tax Increment before any

distribution to any other municipality and regardless of

whether or not those other municipalities will receive 100% of

their Net State Sales Tax Increment. For Fiscal Year 1999, and

every year thereafter until the year 2007, for any municipality

that has not entered into a contract or has not issued bonds

prior to June 1, 1988 to finance redevelopment project costs

within a State Sales Tax Boundary, the Net State Sales Tax

Increment shall be calculated as follows: By multiplying the

Net State Sales Tax Increment by 90% in the State Fiscal Year

1999; 80% in the State Fiscal Year 2000; 70% in the State

Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the

State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%

in the State Fiscal Year 2005; 20% in the State Fiscal Year

2006; and 10% in the State Fiscal Year 2007. No payment shall

be made for State Fiscal Year 2008 and thereafter.

Municipalities that issued bonds in connection with a

redevelopment project in a redevelopment project area within

the State Sales Tax Boundary prior to July 29, 1991, or that

entered into contracts in connection with a redevelopment

project in a redevelopment project area before June 1, 1988,

shall continue to receive their proportional share of the

Illinois Tax Increment Fund distribution until the date on

which the redevelopment project is completed or terminated. If,

however, a municipality that issued bonds in connection with a

redevelopment project in a redevelopment project area within

the State Sales Tax Boundary prior to July 29, 1991 retires the

bonds prior to June 30, 2007 or a municipality that entered

into contracts in connection with a redevelopment project in a

redevelopment project area before June 1, 1988 completes the

contracts prior to June 30, 2007, then so long as the

redevelopment project is not completed or is not terminated,

the Net State Sales Tax Increment shall be calculated,

beginning on the date on which the bonds are retired or the

contracts are completed, as follows: By multiplying the Net

State Sales Tax Increment by 60% in the State Fiscal Year 2002;

50% in the State Fiscal Year 2003; 40% in the State Fiscal Year

2004; 30% in the State Fiscal Year 2005; 20% in the State

Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No

payment shall be made for State Fiscal Year 2008 and

thereafter. Refunding of any bonds issued prior to July 29,

1991, shall not alter the Net State Sales Tax Increment.

(j) "State Utility Tax Increment Amount" means an amount

equal to the aggregate increase in State electric and gas tax

charges imposed on owners and tenants, other than residential

customers, of properties located within the redevelopment

project area under Section 9-222 of the Public Utilities Act,

over and above the aggregate of such charges as certified by

the Department of Revenue and paid by owners and tenants, other

than residential customers, of properties within the

redevelopment project area during the base year, which shall be

the calendar year immediately prior to the year of the adoption

of the ordinance authorizing tax increment allocation

financing.

(k) "Net State Utility Tax Increment" means the sum of the

following: (a) 80% of the first $100,000 of State Utility Tax

Increment annually generated by a redevelopment project area;

(b) 60% of the amount in excess of $100,000 but not exceeding

$500,000 of the State Utility Tax Increment annually generated

by a redevelopment project area; and (c) 40% of all amounts in

excess of $500,000 of State Utility Tax Increment annually

generated by a redevelopment project area. For the State Fiscal

Year 1999, and every year thereafter until the year 2007, for

any municipality that has not entered into a contract or has

not issued bonds prior to June 1, 1988 to finance redevelopment

project costs within a redevelopment project area, the Net

State Utility Tax Increment shall be calculated as follows: By

multiplying the Net State Utility Tax Increment by 90% in the

State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%

in the State Fiscal Year 2001; 60% in the State Fiscal Year

2002; 50% in the State Fiscal Year 2003; 40% in the State

Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the

State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.

No payment shall be made for the State Fiscal Year 2008 and

thereafter.

Municipalities that issue bonds in connection with the

redevelopment project during the period from June 1, 1988 until

3 years after the effective date of this Amendatory Act of 1988

shall receive the Net State Utility Tax Increment, subject to

appropriation, for 15 State Fiscal Years after the issuance of

such bonds. For the 16th through the 20th State Fiscal Years

after issuance of the bonds, the Net State Utility Tax

Increment shall be calculated as follows: By multiplying the

Net State Utility Tax Increment by 90% in year 16; 80% in year

17; 70% in year 18; 60% in year 19; and 50% in year 20.

Refunding of any bonds issued prior to June 1, 1988, shall not

alter the revised Net State Utility Tax Increment payments set

forth above.

(l) "Obligations" mean bonds, loans, debentures, notes,

special certificates or other evidence of indebtedness issued

by the municipality to carry out a redevelopment project or to

refund outstanding obligations.

(m) "Payment in lieu of taxes" means those estimated tax

revenues from real property in a redevelopment project area

derived from real property that has been acquired by a

municipality which according to the redevelopment project or

plan is to be used for a private use which taxing districts

would have received had a municipality not acquired the real

property and adopted tax increment allocation financing and

which would result from levies made after the time of the

adoption of tax increment allocation financing to the time the

current equalized value of real property in the redevelopment

project area exceeds the total initial equalized value of real

property in said area.

(n) "Redevelopment plan" means the comprehensive program

of the municipality for development or redevelopment intended

by the payment of redevelopment project costs to reduce or

eliminate those conditions the existence of which qualified the

redevelopment project area as a "blighted area" or

"conservation area" or combination thereof or "industrial park

conservation area," and thereby to enhance the tax bases of the

taxing districts which extend into the redevelopment project

area, provided that, with respect to redevelopment project

areas described in subsections (p-1) and (p-2), "redevelopment

plan" means the comprehensive program of the affected

municipality for the development of qualifying transit

facilities. On and after November 1, 1999 (the effective date

of Public Act 91-478), no redevelopment plan may be approved or

amended that includes the development of vacant land (i) with a

golf course and related clubhouse and other facilities or (ii)

designated by federal, State, county, or municipal government

as public land for outdoor recreational activities or for

nature preserves and used for that purpose within 5 years prior

to the adoption of the redevelopment plan. For the purpose of

this subsection, "recreational activities" is limited to mean

camping and hunting. Each redevelopment plan shall set forth in

writing the program to be undertaken to accomplish the

objectives and shall include but not be limited to:

(A) an itemized list of estimated redevelopment

project costs;

(B) evidence indicating that the redevelopment project

area on the whole has not been subject to growth and

development through investment by private enterprise,

provided that such evidence shall not be required for any

redevelopment project area located within a transit

facility improvement area established pursuant to Section

11-74.4-3.3;

(C) an assessment of any financial impact of the

redevelopment project area on or any increased demand for

services from any taxing district affected by the plan and

any program to address such financial impact or increased

demand;

(D) the sources of funds to pay costs;

(E) the nature and term of the obligations to be

issued;

(F) the most recent equalized assessed valuation of the

redevelopment project area;

(G) an estimate as to the equalized assessed valuation

after redevelopment and the general land uses to apply in

the redevelopment project area;

(H) a commitment to fair employment practices and an

affirmative action plan;

(I) if it concerns an industrial park conservation

area, the plan shall also include a general description of

any proposed developer, user and tenant of any property, a

description of the type, structure and general character of

the facilities to be developed, a description of the type,

class and number of new employees to be employed in the

operation of the facilities to be developed; and

(J) if property is to be annexed to the municipality,

the plan shall include the terms of the annexation

agreement.

The provisions of items (B) and (C) of this subsection (n)

shall not apply to a municipality that before March 14, 1994

(the effective date of Public Act 88-537) had fixed, either by

its corporate authorities or by a commission designated under

subsection (k) of Section 11-74.4-4, a time and place for a

public hearing as required by subsection (a) of Section

11-74.4-5. No redevelopment plan shall be adopted unless a

municipality complies with all of the following requirements:

(1) The municipality finds that the redevelopment

project area on the whole has not been subject to growth

and development through investment by private enterprise

and would not reasonably be anticipated to be developed

without the adoption of the redevelopment plan, provided,

however, that such a finding shall not be required with

respect to any redevelopment project area located within a

transit facility improvement area established pursuant to

Section 11-74.4-3.3.

(2) The municipality finds that the redevelopment plan

and project conform to the comprehensive plan for the

development of the municipality as a whole, or, for

municipalities with a population of 100,000 or more,

regardless of when the redevelopment plan and project was

adopted, the redevelopment plan and project either: (i)

conforms to the strategic economic development or

redevelopment plan issued by the designated planning

authority of the municipality, or (ii) includes land uses

that have been approved by the planning commission of the

municipality.

(3) The redevelopment plan establishes the estimated

dates of completion of the redevelopment project and

retirement of obligations issued to finance redevelopment

project costs. Those dates may not be later than the dates

set forth under Section 11-74.4-3.5.

A municipality may by municipal ordinance amend an

existing redevelopment plan to conform to this paragraph

(3) as amended by Public Act 91-478, which municipal

ordinance may be adopted without further hearing or notice

and without complying with the procedures provided in this

Act pertaining to an amendment to or the initial approval

of a redevelopment plan and project and designation of a

redevelopment project area.

(3.5) The municipality finds, in the case of an

industrial park conservation area, also that the

municipality is a labor surplus municipality and that the

implementation of the redevelopment plan will reduce

unemployment, create new jobs and by the provision of new

facilities enhance the tax base of the taxing districts

that extend into the redevelopment project area.

(4) If any incremental revenues are being utilized

under Section 8(a)(1) or 8(a)(2) of this Act in

redevelopment project areas approved by ordinance after

January 1, 1986, the municipality finds: (a) that the

redevelopment project area would not reasonably be

developed without the use of such incremental revenues, and

(b) that such incremental revenues will be exclusively

utilized for the development of the redevelopment project

area.

(5) If: (a) the redevelopment plan will not result in

displacement of residents from 10 or more inhabited

residential units, and the municipality certifies in the

plan that such displacement will not result from the plan;

or (b) the redevelopment plan is for a redevelopment

project area located within a transit facility improvement

area established pursuant to Section 11-74.4-3.3, and the

applicable project is subject to the process for evaluation

of environmental effects under the National Environmental

Policy Act of 1969, 42 U.S.C. § 4321 et seq., then , a

housing impact study need not be performed. If, however,

the redevelopment plan would result in the displacement of

residents from 10 or more inhabited residential units, or

if the redevelopment project area contains 75 or more

inhabited residential units and no certification is made,

then the municipality shall prepare, as part of the

separate feasibility report required by subsection (a) of

Section 11-74.4-5, a housing impact study.

Part I of the housing impact study shall include (i)

data as to whether the residential units are single family

or multi-family units, (ii) the number and type of rooms

within the units, if that information is available, (iii)

whether the units are inhabited or uninhabited, as

determined not less than 45 days before the date that the

ordinance or resolution required by subsection (a) of

Section 11-74.4-5 is passed, and (iv) data as to the racial

and ethnic composition of the residents in the inhabited

residential units. The data requirement as to the racial

and ethnic composition of the residents in the inhabited

residential units shall be deemed to be fully satisfied by

data from the most recent federal census.

Part II of the housing impact study shall identify the

inhabited residential units in the proposed redevelopment

project area that are to be or may be removed. If inhabited

residential units are to be removed, then the housing

impact study shall identify (i) the number and location of

those units that will or may be removed, (ii) the

municipality's plans for relocation assistance for those

residents in the proposed redevelopment project area whose

residences are to be removed, (iii) the availability of

replacement housing for those residents whose residences

are to be removed, and shall identify the type, location,

and cost of the housing, and (iv) the type and extent of

relocation assistance to be provided.

(6) On and after November 1, 1999, the housing impact

study required by paragraph (5) shall be incorporated in

the redevelopment plan for the redevelopment project area.

(7) On and after November 1, 1999, no redevelopment

plan shall be adopted, nor an existing plan amended, nor

shall residential housing that is occupied by households of

low-income and very low-income persons in currently

existing redevelopment project areas be removed after

November 1, 1999 unless the redevelopment plan provides,

with respect to inhabited housing units that are to be

removed for households of low-income and very low-income

persons, affordable housing and relocation assistance not

less than that which would be provided under the federal

Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 and the regulations under

that Act, including the eligibility criteria. Affordable

housing may be either existing or newly constructed

housing. For purposes of this paragraph (7), "low-income

households", "very low-income households", and "affordable

housing" have the meanings set forth in the Illinois

Affordable Housing Act. The municipality shall make a good

faith effort to ensure that this affordable housing is

located in or near the redevelopment project area within

the municipality.

(8) On and after November 1, 1999, if, after the

adoption of the redevelopment plan for the redevelopment

project area, any municipality desires to amend its

redevelopment plan to remove more inhabited residential

units than specified in its original redevelopment plan,

that change shall be made in accordance with the procedures

in subsection (c) of Section 11-74.4-5.

(9) For redevelopment project areas designated prior

to November 1, 1999, the redevelopment plan may be amended

without further joint review board meeting or hearing,

provided that the municipality shall give notice of any

such changes by mail to each affected taxing district and

registrant on the interested party registry, to authorize

the municipality to expend tax increment revenues for

redevelopment project costs defined by paragraphs (5) and

(7.5), subparagraphs (E) and (F) of paragraph (11), and

paragraph (11.5) of subsection (q) of Section 11-74.4-3, so

long as the changes do not increase the total estimated

redevelopment project costs set out in the redevelopment

plan by more than 5% after adjustment for inflation from

the date the plan was adopted.

(o) "Redevelopment project" means any public and private

development project in furtherance of the objectives of a

redevelopment plan. On and after November 1, 1999 (the

effective date of Public Act 91-478), no redevelopment plan may

be approved or amended that includes the development of vacant

land (i) with a golf course and related clubhouse and other

facilities or (ii) designated by federal, State, county, or

municipal government as public land for outdoor recreational

activities or for nature preserves and used for that purpose

within 5 years prior to the adoption of the redevelopment plan.

For the purpose of this subsection, "recreational activities"

is limited to mean camping and hunting.

(p) "Redevelopment project area" means an area designated

by the municipality, which is not less in the aggregate than 1

1/2 acres and in respect to which the municipality has made a

finding that there exist conditions which cause the area to be

classified as an industrial park conservation area or a

blighted area or a conservation area, or a combination of both

blighted areas and conservation areas.

(p-1) Notwithstanding any provision of this Act to the

contrary, on and after August 25, 2009 (the effective date of

Public Act 96-680), a redevelopment project area may include

areas within a one-half mile radius of an existing or proposed

Regional Transportation Authority Suburban Transit Access

Route (STAR Line) station without a finding that the area is

classified as an industrial park conservation area, a blighted

area, a conservation area, or a combination thereof, but only

if the municipality receives unanimous consent from the joint

review board created to review the proposed redevelopment

project area.

(p-2) Notwithstanding any provision of this Act to the

contrary, on and after the effective date of this amendatory

Act of the 99th General Assembly, a redevelopment project area

may include areas within a transit facility improvement area

that has been established pursuant to Section 11-74.4-3.3

without a finding that the area is classified as an industrial

park conservation area, a blighted area, a conservation area,

or any combination thereof.

(q) "Redevelopment project costs", except for

redevelopment project areas created pursuant to subsections

subsection (p-1) or (p-2), means and includes the sum total of

all reasonable or necessary costs incurred or estimated to be

incurred, and any such costs incidental to a redevelopment plan

and a redevelopment project. Such costs include, without

limitation, the following:

(1) Costs of studies, surveys, development of plans,

and specifications, implementation and administration of

the redevelopment plan including but not limited to staff

and professional service costs for architectural,

engineering, legal, financial, planning or other services,

provided however that no charges for professional services

may be based on a percentage of the tax increment

collected; except that on and after November 1, 1999 (the

effective date of Public Act 91-478), no contracts for

professional services, excluding architectural and

engineering services, may be entered into if the terms of

the contract extend beyond a period of 3 years. In

addition, "redevelopment project costs" shall not include

lobbying expenses. After consultation with the

municipality, each tax increment consultant or advisor to a

municipality that plans to designate or has designated a

redevelopment project area shall inform the municipality

in writing of any contracts that the consultant or advisor

has entered into with entities or individuals that have

received, or are receiving, payments financed by tax

increment revenues produced by the redevelopment project

area with respect to which the consultant or advisor has

performed, or will be performing, service for the

municipality. This requirement shall be satisfied by the

consultant or advisor before the commencement of services

for the municipality and thereafter whenever any other

contracts with those individuals or entities are executed

by the consultant or advisor;

(1.5) After July 1, 1999, annual administrative costs

shall not include general overhead or administrative costs

of the municipality that would still have been incurred by

the municipality if the municipality had not designated a

redevelopment project area or approved a redevelopment

plan;

(1.6) The cost of marketing sites within the

redevelopment project area to prospective businesses,

developers, and investors;

(2) Property assembly costs, including but not limited

to acquisition of land and other property, real or

personal, or rights or interests therein, demolition of

buildings, site preparation, site improvements that serve

as an engineered barrier addressing ground level or below

ground environmental contamination, including, but not

limited to parking lots and other concrete or asphalt

barriers, and the clearing and grading of land;

(3) Costs of rehabilitation, reconstruction or repair

or remodeling of existing public or private buildings,

fixtures, and leasehold improvements; and the cost of

replacing an existing public building if pursuant to the

implementation of a redevelopment project the existing

public building is to be demolished to use the site for

private investment or devoted to a different use requiring

private investment; including any direct or indirect costs

relating to Green Globes or LEED certified construction

elements or construction elements with an equivalent

certification;

(4) Costs of the construction of public works or

improvements, including any direct or indirect costs

relating to Green Globes or LEED certified construction

elements or construction elements with an equivalent

certification, except that on and after November 1, 1999,

redevelopment project costs shall not include the cost of

constructing a new municipal public building principally

used to provide offices, storage space, or conference

facilities or vehicle storage, maintenance, or repair for

administrative, public safety, or public works personnel

and that is not intended to replace an existing public

building as provided under paragraph (3) of subsection (q)

of Section 11-74.4-3 unless either (i) the construction of

the new municipal building implements a redevelopment

project that was included in a redevelopment plan that was

adopted by the municipality prior to November 1, 1999, or

(ii) the municipality makes a reasonable determination in

the redevelopment plan, supported by information that

provides the basis for that determination, that the new

municipal building is required to meet an increase in the

need for public safety purposes anticipated to result from

the implementation of the redevelopment plan, or (iii) the

new municipal public building is for the storage,

maintenance, or repair of transit vehicles and is located

in a transit facility improvement area that has been

established pursuant to Section 11-74.4-3.3;

(5) Costs of job training and retraining projects,

including the cost of "welfare to work" programs

implemented by businesses located within the redevelopment

project area;

(6) Financing costs, including but not limited to all

necessary and incidental expenses related to the issuance

of obligations and which may include payment of interest on

any obligations issued hereunder including interest

accruing during the estimated period of construction of any

redevelopment project for which such obligations are

issued and for not exceeding 36 months thereafter and

including reasonable reserves related thereto;

(7) To the extent the municipality by written agreement

accepts and approves the same, all or a portion of a taxing

district's capital costs resulting from the redevelopment

project necessarily incurred or to be incurred within a

taxing district in furtherance of the objectives of the

redevelopment plan and project.

(7.5) For redevelopment project areas designated (or

redevelopment project areas amended to add or increase the

number of tax-increment-financing assisted housing units)

on or after November 1, 1999, an elementary, secondary, or

unit school district's increased costs attributable to

assisted housing units located within the redevelopment

project area for which the developer or redeveloper

receives financial assistance through an agreement with

the municipality or because the municipality incurs the

cost of necessary infrastructure improvements within the

boundaries of the assisted housing sites necessary for the

completion of that housing as authorized by this Act, and

which costs shall be paid by the municipality from the

Special Tax Allocation Fund when the tax increment revenue

is received as a result of the assisted housing units and

shall be calculated annually as follows:

(A) for foundation districts, excluding any school

district in a municipality with a population in excess

of 1,000,000, by multiplying the district's increase

in attendance resulting from the net increase in new

students enrolled in that school district who reside in

housing units within the redevelopment project area

that have received financial assistance through an

agreement with the municipality or because the

municipality incurs the cost of necessary

infrastructure improvements within the boundaries of

the housing sites necessary for the completion of that

housing as authorized by this Act since the designation

of the redevelopment project area by the most recently

available per capita tuition cost as defined in Section

10-20.12a of the School Code less any increase in

general State aid as defined in Section 18-8.05 of the

School Code attributable to these added new students

subject to the following annual limitations:

(i) for unit school districts with a district

average 1995-96 Per Capita Tuition Charge of less

than $5,900, no more than 25% of the total amount

of property tax increment revenue produced by

those housing units that have received tax

increment finance assistance under this Act;

(ii) for elementary school districts with a

district average 1995-96 Per Capita Tuition Charge

of less than $5,900, no more than 17% of the total

amount of property tax increment revenue produced

by those housing units that have received tax

increment finance assistance under this Act; and

(iii) for secondary school districts with a

district average 1995-96 Per Capita Tuition Charge

of less than $5,900, no more than 8% of the total

amount of property tax increment revenue produced

by those housing units that have received tax

increment finance assistance under this Act.

(B) For alternate method districts, flat grant

districts, and foundation districts with a district

average 1995-96 Per Capita Tuition Charge equal to or

more than $5,900, excluding any school district with a

population in excess of 1,000,000, by multiplying the

district's increase in attendance resulting from the

net increase in new students enrolled in that school

district who reside in housing units within the

redevelopment project area that have received

financial assistance through an agreement with the

municipality or because the municipality incurs the

cost of necessary infrastructure improvements within

the boundaries of the housing sites necessary for the

completion of that housing as authorized by this Act

since the designation of the redevelopment project

area by the most recently available per capita tuition

cost as defined in Section 10-20.12a of the School Code

less any increase in general state aid as defined in

Section 18-8.05 of the School Code attributable to

these added new students subject to the following

annual limitations:

(i) for unit school districts, no more than 40%

of the total amount of property tax increment

revenue produced by those housing units that have

received tax increment finance assistance under

this Act;

(ii) for elementary school districts, no more

than 27% of the total amount of property tax

increment revenue produced by those housing units

that have received tax increment finance

assistance under this Act; and

(iii) for secondary school districts, no more

than 13% of the total amount of property tax

increment revenue produced by those housing units

that have received tax increment finance

assistance under this Act.

(C) For any school district in a municipality with

a population in excess of 1,000,000, the following

restrictions shall apply to the reimbursement of

increased costs under this paragraph (7.5):

(i) no increased costs shall be reimbursed

unless the school district certifies that each of

the schools affected by the assisted housing

project is at or over its student capacity;

(ii) the amount reimbursable shall be reduced

by the value of any land donated to the school

district by the municipality or developer, and by

the value of any physical improvements made to the

schools by the municipality or developer; and

(iii) the amount reimbursed may not affect

amounts otherwise obligated by the terms of any

bonds, notes, or other funding instruments, or the

terms of any redevelopment agreement.

Any school district seeking payment under this

paragraph (7.5) shall, after July 1 and before

September 30 of each year, provide the municipality

with reasonable evidence to support its claim for

reimbursement before the municipality shall be

required to approve or make the payment to the school

district. If the school district fails to provide the

information during this period in any year, it shall

forfeit any claim to reimbursement for that year.

School districts may adopt a resolution waiving the

right to all or a portion of the reimbursement

otherwise required by this paragraph (7.5). By

acceptance of this reimbursement the school district

waives the right to directly or indirectly set aside,

modify, or contest in any manner the establishment of

the redevelopment project area or projects;

(7.7) For redevelopment project areas designated (or

redevelopment project areas amended to add or increase the

number of tax-increment-financing assisted housing units)

on or after January 1, 2005 (the effective date of Public

Act 93-961), a public library district's increased costs

attributable to assisted housing units located within the

redevelopment project area for which the developer or

redeveloper receives financial assistance through an

agreement with the municipality or because the

municipality incurs the cost of necessary infrastructure

improvements within the boundaries of the assisted housing

sites necessary for the completion of that housing as

authorized by this Act shall be paid to the library

district by the municipality from the Special Tax

Allocation Fund when the tax increment revenue is received

as a result of the assisted housing units. This paragraph

(7.7) applies only if (i) the library district is located

in a county that is subject to the Property Tax Extension

Limitation Law or (ii) the library district is not located

in a county that is subject to the Property Tax Extension

Limitation Law but the district is prohibited by any other

law from increasing its tax levy rate without a prior voter

referendum.

The amount paid to a library district under this

paragraph (7.7) shall be calculated by multiplying (i) the

net increase in the number of persons eligible to obtain a

library card in that district who reside in housing units

within the redevelopment project area that have received

financial assistance through an agreement with the

municipality or because the municipality incurs the cost of

necessary infrastructure improvements within the

boundaries of the housing sites necessary for the

completion of that housing as authorized by this Act since

the designation of the redevelopment project area by (ii)

the per-patron cost of providing library services so long

as it does not exceed $120. The per-patron cost shall be

the Total Operating Expenditures Per Capita for the library

in the previous fiscal year. The municipality may deduct

from the amount that it must pay to a library district

under this paragraph any amount that it has voluntarily

paid to the library district from the tax increment

revenue. The amount paid to a library district under this

paragraph (7.7) shall be no more than 2% of the amount

produced by the assisted housing units and deposited into

the Special Tax Allocation Fund.

A library district is not eligible for any payment

under this paragraph (7.7) unless the library district has

experienced an increase in the number of patrons from the

municipality that created the tax-increment-financing

district since the designation of the redevelopment

project area.

Any library district seeking payment under this

paragraph (7.7) shall, after July 1 and before September 30

of each year, provide the municipality with convincing

evidence to support its claim for reimbursement before the

municipality shall be required to approve or make the

payment to the library district. If the library district

fails to provide the information during this period in any

year, it shall forfeit any claim to reimbursement for that

year. Library districts may adopt a resolution waiving the

right to all or a portion of the reimbursement otherwise

required by this paragraph (7.7). By acceptance of such

reimbursement, the library district shall forfeit any

right to directly or indirectly set aside, modify, or

contest in any manner whatsoever the establishment of the

redevelopment project area or projects;

(8) Relocation costs to the extent that a municipality

determines that relocation costs shall be paid or is

required to make payment of relocation costs by federal or

State law or in order to satisfy subparagraph (7) of

subsection (n);

(9) Payment in lieu of taxes;

(10) Costs of job training, retraining, advanced

vocational education or career education, including but

not limited to courses in occupational, semi-technical or

technical fields leading directly to employment, incurred

by one or more taxing districts, provided that such costs

(i) are related to the establishment and maintenance of

additional job training, advanced vocational education or

career education programs for persons employed or to be

employed by employers located in a redevelopment project

area; and (ii) when incurred by a taxing district or taxing

districts other than the municipality, are set forth in a

written agreement by or among the municipality and the

taxing district or taxing districts, which agreement

describes the program to be undertaken, including but not

limited to the number of employees to be trained, a

description of the training and services to be provided,

the number and type of positions available or to be

available, itemized costs of the program and sources of

funds to pay for the same, and the term of the agreement.

Such costs include, specifically, the payment by community

college districts of costs pursuant to Sections 3-37, 3-38,

3-40 and 3-40.1 of the Public Community College Act and by

school districts of costs pursuant to Sections 10-22.20a

and 10-23.3a of The School Code;

(11) Interest cost incurred by a redeveloper related to

the construction, renovation or rehabilitation of a

redevelopment project provided that:

(A) such costs are to be paid directly from the

special tax allocation fund established pursuant to

this Act;

(B) such payments in any one year may not exceed

30% of the annual interest costs incurred by the

redeveloper with regard to the redevelopment project

during that year;

(C) if there are not sufficient funds available in

the special tax allocation fund to make the payment

pursuant to this paragraph (11) then the amounts so due

shall accrue and be payable when sufficient funds are

available in the special tax allocation fund;

(D) the total of such interest payments paid

pursuant to this Act may not exceed 30% of the total

(i) cost paid or incurred by the redeveloper for the

redevelopment project plus (ii) redevelopment project

costs excluding any property assembly costs and any

relocation costs incurred by a municipality pursuant

to this Act; and

(E) the cost limits set forth in subparagraphs (B)

and (D) of paragraph (11) shall be modified for the

financing of rehabilitated or new housing units for

low-income households and very low-income households,

as defined in Section 3 of the Illinois Affordable

Housing Act. The percentage of 75% shall be substituted

for 30% in subparagraphs (B) and (D) of paragraph (11).

(F) Instead of the eligible costs provided by

subparagraphs (B) and (D) of paragraph (11), as

modified by this subparagraph, and notwithstanding any

other provisions of this Act to the contrary, the

municipality may pay from tax increment revenues up to

50% of the cost of construction of new housing units to

be occupied by low-income households and very

low-income households as defined in Section 3 of the

Illinois Affordable Housing Act. The cost of

construction of those units may be derived from the

proceeds of bonds issued by the municipality under this

Act or other constitutional or statutory authority or

from other sources of municipal revenue that may be

reimbursed from tax increment revenues or the proceeds

of bonds issued to finance the construction of that

housing.

The eligible costs provided under this

subparagraph (F) of paragraph (11) shall be an eligible

cost for the construction, renovation, and

rehabilitation of all low and very low-income housing

units, as defined in Section 3 of the Illinois

Affordable Housing Act, within the redevelopment

project area. If the low and very low-income units are

part of a residential redevelopment project that

includes units not affordable to low and very

low-income households, only the low and very

low-income units shall be eligible for benefits under

subparagraph (F) of paragraph (11). The standards for

maintaining the occupancy by low-income households and

very low-income households, as defined in Section 3 of

the Illinois Affordable Housing Act, of those units

constructed with eligible costs made available under

the provisions of this subparagraph (F) of paragraph

(11) shall be established by guidelines adopted by the

municipality. The responsibility for annually

documenting the initial occupancy of the units by

low-income households and very low-income households,

as defined in Section 3 of the Illinois Affordable

Housing Act, shall be that of the then current owner of

the property. For ownership units, the guidelines will

provide, at a minimum, for a reasonable recapture of

funds, or other appropriate methods designed to

preserve the original affordability of the ownership

units. For rental units, the guidelines will provide,

at a minimum, for the affordability of rent to low and

very low-income households. As units become available,

they shall be rented to income-eligible tenants. The

municipality may modify these guidelines from time to

time; the guidelines, however, shall be in effect for

as long as tax increment revenue is being used to pay

for costs associated with the units or for the

retirement of bonds issued to finance the units or for

the life of the redevelopment project area, whichever

is later.

(11.5) If the redevelopment project area is located

within a municipality with a population of more than

100,000, the cost of day care services for children of

employees from low-income families working for businesses

located within the redevelopment project area and all or a

portion of the cost of operation of day care centers

established by redevelopment project area businesses to

serve employees from low-income families working in

businesses located in the redevelopment project area. For

the purposes of this paragraph, "low-income families"

means families whose annual income does not exceed 80% of

the municipal, county, or regional median income, adjusted

for family size, as the annual income and municipal,

county, or regional median income are determined from time

to time by the United States Department of Housing and

Urban Development.

(12) Unless explicitly stated herein the cost of

construction of new privately-owned buildings shall not be

an eligible redevelopment project cost.

(13) After November 1, 1999 (the effective date of

Public Act 91-478), none of the redevelopment project costs

enumerated in this subsection shall be eligible

redevelopment project costs if those costs would provide

direct financial support to a retail entity initiating

operations in the redevelopment project area while

terminating operations at another Illinois location within

10 miles of the redevelopment project area but outside the

boundaries of the redevelopment project area municipality.

For purposes of this paragraph, termination means a closing

of a retail operation that is directly related to the

opening of the same operation or like retail entity owned

or operated by more than 50% of the original ownership in a

redevelopment project area, but it does not mean closing an

operation for reasons beyond the control of the retail

entity, as documented by the retail entity, subject to a

reasonable finding by the municipality that the current

location contained inadequate space, had become

economically obsolete, or was no longer a viable location

for the retailer or serviceman.

(14) No cost shall be a redevelopment project cost in a

redevelopment project area if used to demolish, remove, or

substantially modify a historic resource, after August 26,

2008 (the effective date of Public Act 95-934), unless no

prudent and feasible alternative exists. "Historic

resource" for the purpose of this item (14) means (i) a

place or structure that is included or eligible for

inclusion on the National Register of Historic Places or

(ii) a contributing structure in a district on the National

Register of Historic Places. This item (14) does not apply

to a place or structure for which demolition, removal, or

modification is subject to review by the preservation

agency of a Certified Local Government designated as such

by the National Park Service of the United States

Department of the Interior.

If a special service area has been established pursuant to

the Special Service Area Tax Act or Special Service Area Tax

Law, then any tax increment revenues derived from the tax

imposed pursuant to the Special Service Area Tax Act or Special

Service Area Tax Law may be used within the redevelopment

project area for the purposes permitted by that Act or Law as

well as the purposes permitted by this Act.

(q-1) For redevelopment project areas created pursuant to

subsection (p-1), redevelopment project costs are limited to

those costs in paragraph (q) that are related to the existing

or proposed Regional Transportation Authority Suburban Transit

Access Route (STAR Line) station.

(q-2) For a redevelopment project area located within a

transit facility improvement area established pursuant to

Section 11-74.4-3.3, redevelopment project costs means those

costs described in subsection (q) that are related to the

construction, reconstruction, rehabilitation, remodeling, or

repair of any existing or proposed transit facility.

(r) "State Sales Tax Boundary" means the redevelopment

project area or the amended redevelopment project area

boundaries which are determined pursuant to subsection (9) of

Section 11-74.4-8a of this Act. The Department of Revenue shall

certify pursuant to subsection (9) of Section 11-74.4-8a the

appropriate boundaries eligible for the determination of State

Sales Tax Increment.

(s) "State Sales Tax Increment" means an amount equal to

the increase in the aggregate amount of taxes paid by retailers

and servicemen, other than retailers and servicemen subject to

the Public Utilities Act, on transactions at places of business

located within a State Sales Tax Boundary pursuant to the

Retailers' Occupation Tax Act, the Use Tax Act, the Service Use

Tax Act, and the Service Occupation Tax Act, except such

portion of such increase that is paid into the State and Local

Sales Tax Reform Fund, the Local Government Distributive Fund,

the Local Government Tax Fund and the County and Mass Transit

District Fund, for as long as State participation exists, over

and above the Initial Sales Tax Amounts, Adjusted Initial Sales

Tax Amounts or the Revised Initial Sales Tax Amounts for such

taxes as certified by the Department of Revenue and paid under

those Acts by retailers and servicemen on transactions at

places of business located within the State Sales Tax Boundary

during the base year which shall be the calendar year

immediately prior to the year in which the municipality adopted

tax increment allocation financing, less 3.0% of such amounts

generated under the Retailers' Occupation Tax Act, Use Tax Act

and Service Use Tax Act and the Service Occupation Tax Act,

which sum shall be appropriated to the Department of Revenue to

cover its costs of administering and enforcing this Section.

For purposes of computing the aggregate amount of such taxes

for base years occurring prior to 1985, the Department of

Revenue shall compute the Initial Sales Tax Amount for such

taxes and deduct therefrom an amount equal to 4% of the

aggregate amount of taxes per year for each year the base year

is prior to 1985, but not to exceed a total deduction of 12%.

The amount so determined shall be known as the "Adjusted

Initial Sales Tax Amount". For purposes of determining the

State Sales Tax Increment the Department of Revenue shall for

each period subtract from the tax amounts received from

retailers and servicemen on transactions located in the State

Sales Tax Boundary, the certified Initial Sales Tax Amounts,

Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax

Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,

the Service Use Tax Act and the Service Occupation Tax Act. For

the State Fiscal Year 1989 this calculation shall be made by

utilizing the calendar year 1987 to determine the tax amounts

received. For the State Fiscal Year 1990, this calculation

shall be made by utilizing the period from January 1, 1988,

until September 30, 1988, to determine the tax amounts received

from retailers and servicemen, which shall have deducted

therefrom nine-twelfths of the certified Initial Sales Tax

Amounts, Adjusted Initial Sales Tax Amounts or the Revised

Initial Sales Tax Amounts as appropriate. For the State Fiscal

Year 1991, this calculation shall be made by utilizing the

period from October 1, 1988, until June 30, 1989, to determine

the tax amounts received from retailers and servicemen, which

shall have deducted therefrom nine-twelfths of the certified

Initial State Sales Tax Amounts, Adjusted Initial Sales Tax

Amounts or the Revised Initial Sales Tax Amounts as

appropriate. For every State Fiscal Year thereafter, the

applicable period shall be the 12 months beginning July 1 and

ending on June 30, to determine the tax amounts received which

shall have deducted therefrom the certified Initial Sales Tax

Amounts, Adjusted Initial Sales Tax Amounts or the Revised

Initial Sales Tax Amounts. Municipalities intending to receive

a distribution of State Sales Tax Increment must report a list

of retailers to the Department of Revenue by October 31, 1988

and by July 31, of each year thereafter.

(t) "Taxing districts" means counties, townships, cities

and incorporated towns and villages, school, road, park,

sanitary, mosquito abatement, forest preserve, public health,

fire protection, river conservancy, tuberculosis sanitarium

and any other municipal corporations or districts with the

power to levy taxes.

(u) "Taxing districts' capital costs" means those costs of

taxing districts for capital improvements that are found by the

municipal corporate authorities to be necessary and directly

result from the redevelopment project.

(v) As used in subsection (a) of Section 11-74.4-3 of this

Act, "vacant land" means any parcel or combination of parcels

of real property without industrial, commercial, and

residential buildings which has not been used for commercial

agricultural purposes within 5 years prior to the designation

of the redevelopment project area, unless the parcel is

included in an industrial park conservation area or the parcel

has been subdivided; provided that if the parcel was part of a

larger tract that has been divided into 3 or more smaller

tracts that were accepted for recording during the period from

1950 to 1990, then the parcel shall be deemed to have been

subdivided, and all proceedings and actions of the municipality

taken in that connection with respect to any previously

approved or designated redevelopment project area or amended

redevelopment project area are hereby validated and hereby

declared to be legally sufficient for all purposes of this Act.

For purposes of this Section and only for land subject to the

subdivision requirements of the Plat Act, land is subdivided

when the original plat of the proposed Redevelopment Project

Area or relevant portion thereof has been properly certified,

acknowledged, approved, and recorded or filed in accordance

with the Plat Act and a preliminary plat, if any, for any

subsequent phases of the proposed Redevelopment Project Area or

relevant portion thereof has been properly approved and filed

in accordance with the applicable ordinance of the

municipality.

(w) "Annual Total Increment" means the sum of each

municipality's annual Net Sales Tax Increment and each

municipality's annual Net Utility Tax Increment. The ratio of

the Annual Total Increment of each municipality to the Annual

Total Increment for all municipalities, as most recently

calculated by the Department, shall determine the proportional

shares of the Illinois Tax Increment Fund to be distributed to

each municipality.

(x) "LEED certified" means any certification level of

construction elements by a qualified Leadership in Energy and

Environmental Design Accredited Professional as determined by

the U.S. Green Building Council.

(y) "Green Globes certified" means any certification level

of construction elements by a qualified Green Globes

Professional as determined by the Green Building Initiative.

(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;

96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.

1-1-12.)

(65 ILCS 5/11-74.4-3.3 new)

Sec. 11-74.4-3.3. Redevelopment project area within a

transit facility improvement area.

(a) As used in this Section:

"Redevelopment project area" means the area identified in:

the Chicago Union Station Master Plan; the Chicago Transit

Authority's Red and Purple Modernization Program; the Chicago

Transit Authority's Red Line Extension Program; and the Chicago

Transit Authority's Blue Line Modernization and Extension

Program, each as may be amended from time to time after the

effective date of this amendatory Act of the 99th General

Assembly.

"Transit" means any one or more of the following

transportation services provided to passengers: inter-city

passenger rail service; commuter rail service; and urban mass

transit rail service, whether elevated, underground, or

running at grade, and whether provided through rolling stock

generally referred to as heavy rail or light rail.

"Transit facility" means an existing or proposed transit

passenger station, an existing or proposed transit

maintenance, storage or service facility, or an existing or

proposed right of way for use in providing transit services.

"Transit facility improvement area" means an area whose

boundaries are no more than one-half mile in any direction from

the location of a transit passenger station, or the existing or

proposed right of way of transit facility, as applicable;

provided that the length of any existing or proposed right of

way or a transit passenger station included in any transit

facility improvement area shall not exceed: 9 miles for the

Chicago Transit Authority's Blue Line Modernization and

Extension Program; 17 miles for the Chicago Transit Authority's

Red and Purple Modernization Program (running from Madison

Street North to Linden Avenue); and 20 miles for the Chicago

Transit Authority's Red Line Extension Program (running from

Madison Street South to 130th Street).

(b) Notwithstanding any other provision of law to the

contrary, if the corporate authorities of a municipality

designate an area within the territorial limits of the

municipality as a transit facility improvement area, then that

municipality may establish one or more redevelopment project

areas within that transit facility improvement area for the

purpose of developing new transit facilities, expanding or

rehabilitating existing transit facilities, or both. With

respect to a transit facility whose right of way is located in

more than one municipality, each municipality may designate an

area within its territorial limits as a transit facility

improvement area and may establish a redevelopment project area

for each of the qualifying projects identified in subsection

(a) of this Section.

(65 ILCS 5/11-74.4-3.5)

Sec. 11-74.4-3.5. Completion dates for redevelopment

projects.

(a) Unless otherwise stated in this Section, the estimated

dates of completion of the redevelopment project and retirement

of obligations issued to finance redevelopment project costs

(including refunding bonds under Section 11-74.4-7) may not be

later than December 31 of the year in which the payment to the

municipal treasurer, as provided in subsection (b) of Section

11-74.4-8 of this Act, is to be made with respect to ad valorem

taxes levied in the 23rd calendar year after the year in which

the ordinance approving the redevelopment project area was

adopted if the ordinance was adopted on or after January 15,

1981.

(a-5) If the redevelopment project area is located within a

transit facility improvement area established pursuant to

Section 11-74.4-3, the estimated dates of completion of the

redevelopment project and retirement of obligations issued to

finance redevelopment project costs (including refunding bonds

under Section 11-74.4-7) may not be later than December 31 of

the year in which the payment to the municipal treasurer, as

provided in subsection (b) of Section 11-74.4-8 of this

amendatory Act of the 99th General Assembly, is to be made with

respect to ad valorem taxes levied in the 35th calendar year

after the year in which the ordinance approving the

redevelopment project area was adopted.

(a-7) A municipality may adopt tax increment financing for

a redevelopment project area located in a transit facility

improvement area that also includes real property located

within an existing redevelopment project area established

prior to the effective date of this amendatory Act of 99th

General Assembly. In such case: (i) the provisions of this

Division shall apply with respect to the previously established

redevelopment project area until the municipality adopts, as

required in accordance with applicable provisions of this

Division, an ordinance dissolving the special tax allocation

fund for such redevelopment project area and terminating the

designation of such redevelopment project area as a

redevelopment project area; and (ii) after the effective date

of the ordinance described in (i), the provisions of this

Division shall apply with respect to the subsequently

established redevelopment project area located in a transit

facility improvement area.

(b) The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 32nd

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on September 9, 1999 by the Village of Downs.

The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 33rd

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on May 20, 1985 by the Village of Wheeling.

The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 28th

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on October 12, 1989 by the City of Lawrenceville.

(c) The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 35th

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted:

(1) If the ordinance was adopted before January 15,

1981.

(2) If the ordinance was adopted in December 1983,

April 1984, July 1985, or December 1989.

(3) If the ordinance was adopted in December 1987 and

the redevelopment project is located within one mile of

Midway Airport.

(4) If the ordinance was adopted before January 1, 1987

by a municipality in Mason County.

(5) If the municipality is subject to the Local

Government Financial Planning and Supervision Act or the

Financially Distressed City Law.

(6) If the ordinance was adopted in December 1984 by

the Village of Rosemont.

(7) If the ordinance was adopted on December 31, 1986

by a municipality located in Clinton County for which at

least $250,000 of tax increment bonds were authorized on

June 17, 1997, or if the ordinance was adopted on December

31, 1986 by a municipality with a population in 1990 of

less than 3,600 that is located in a county with a

population in 1990 of less than 34,000 and for which at

least $250,000 of tax increment bonds were authorized on

June 17, 1997.

(8) If the ordinance was adopted on October 5, 1982 by

the City of Kankakee, or if the ordinance was adopted on

December 29, 1986 by East St. Louis.

(9) If the ordinance was adopted on November 12, 1991

by the Village of Sauget.

(10) If the ordinance was adopted on February 11, 1985

by the City of Rock Island.

(11) If the ordinance was adopted before December 18,

1986 by the City of Moline.

(12) If the ordinance was adopted in September 1988 by

Sauk Village.

(13) If the ordinance was adopted in October 1993 by

Sauk Village.

(14) If the ordinance was adopted on December 29, 1986

by the City of Galva.

(15) If the ordinance was adopted in March 1991 by the

City of Centreville.

(16) If the ordinance was adopted on January 23, 1991

by the City of East St. Louis.

(17) If the ordinance was adopted on December 22, 1986

by the City of Aledo.

(18) If the ordinance was adopted on February 5, 1990

by the City of Clinton.

(19) If the ordinance was adopted on September 6, 1994

by the City of Freeport.

(20) If the ordinance was adopted on December 22, 1986

by the City of Tuscola.

(21) If the ordinance was adopted on December 23, 1986

by the City of Sparta.

(22) If the ordinance was adopted on December 23, 1986

by the City of Beardstown.

(23) If the ordinance was adopted on April 27, 1981,

October 21, 1985, or December 30, 1986 by the City of

Belleville.

(24) If the ordinance was adopted on December 29, 1986

by the City of Collinsville.

(25) If the ordinance was adopted on September 14, 1994

by the City of Alton.

(26) If the ordinance was adopted on November 11, 1996

by the City of Lexington.

(27) If the ordinance was adopted on November 5, 1984

by the City of LeRoy.

(28) If the ordinance was adopted on April 3, 1991 or

June 3, 1992 by the City of Markham.

(29) If the ordinance was adopted on November 11, 1986

by the City of Pekin.

(30) If the ordinance was adopted on December 15, 1981

by the City of Champaign.

(31) If the ordinance was adopted on December 15, 1986

by the City of Urbana.

(32) If the ordinance was adopted on December 15, 1986

by the Village of Heyworth.

(33) If the ordinance was adopted on February 24, 1992

by the Village of Heyworth.

(34) If the ordinance was adopted on March 16, 1995 by

the Village of Heyworth.

(35) If the ordinance was adopted on December 23, 1986

by the Town of Cicero.

(36) If the ordinance was adopted on December 30, 1986

by the City of Effingham.

(37) If the ordinance was adopted on May 9, 1991 by the

Village of Tilton.

(38) If the ordinance was adopted on October 20, 1986

by the City of Elmhurst.

(39) If the ordinance was adopted on January 19, 1988

by the City of Waukegan.

(40) If the ordinance was adopted on September 21, 1998

by the City of Waukegan.

(41) If the ordinance was adopted on December 31, 1986

by the City of Sullivan.

(42) If the ordinance was adopted on December 23, 1991

by the City of Sullivan.

(43) If the ordinance was adopted on December 31, 1986

by the City of Oglesby.

(44) If the ordinance was adopted on July 28, 1987 by

the City of Marion.

(45) If the ordinance was adopted on April 23, 1990 by

the City of Marion.

(46) If the ordinance was adopted on August 20, 1985 by

the Village of Mount Prospect.

(47) If the ordinance was adopted on February 2, 1998

by the Village of Woodhull.

(48) If the ordinance was adopted on April 20, 1993 by

the Village of Princeville.

(49) If the ordinance was adopted on July 1, 1986 by

the City of Granite City.

(50) If the ordinance was adopted on February 2, 1989

by the Village of Lombard.

(51) If the ordinance was adopted on December 29, 1986

by the Village of Gardner.

(52) If the ordinance was adopted on July 14, 1999 by

the Village of Paw Paw.

(53) If the ordinance was adopted on November 17, 1986

by the Village of Franklin Park.

(54) If the ordinance was adopted on November 20, 1989

by the Village of South Holland.

(55) If the ordinance was adopted on July 14, 1992 by

the Village of Riverdale.

(56) If the ordinance was adopted on December 29, 1986

by the City of Galesburg.

(57) If the ordinance was adopted on April 1, 1985 by

the City of Galesburg.

(58) If the ordinance was adopted on May 21, 1990 by

the City of West Chicago.

(59) If the ordinance was adopted on December 16, 1986

by the City of Oak Forest.

(60) If the ordinance was adopted in 1999 by the City

of Villa Grove.

(61) If the ordinance was adopted on January 13, 1987

by the Village of Mt. Zion.

(62) If the ordinance was adopted on December 30, 1986

by the Village of Manteno.

(63) If the ordinance was adopted on April 3, 1989 by

the City of Chicago Heights.

(64) If the ordinance was adopted on January 6, 1999 by

the Village of Rosemont.

(65) If the ordinance was adopted on December 19, 2000

by the Village of Stone Park.

(66) If the ordinance was adopted on December 22, 1986

by the City of DeKalb.

(67) If the ordinance was adopted on December 2, 1986

by the City of Aurora.

(68) If the ordinance was adopted on December 31, 1986

by the Village of Milan.

(69) If the ordinance was adopted on September 8, 1994

by the City of West Frankfort.

(70) If the ordinance was adopted on December 23, 1986

by the Village of Libertyville.

(71) If the ordinance was adopted on December 22, 1986

by the Village of Hoffman Estates.

(72) If the ordinance was adopted on September 17, 1986

by the Village of Sherman.

(73) If the ordinance was adopted on December 16, 1986

by the City of Macomb.

(74) If the ordinance was adopted on June 11, 2002 by

the City of East Peoria to create the West Washington

Street TIF.

(75) If the ordinance was adopted on June 11, 2002 by

the City of East Peoria to create the Camp Street TIF.

(76) If the ordinance was adopted on August 7, 2000 by

the City of Des Plaines.

(77) If the ordinance was adopted on December 22, 1986

by the City of Washington to create the Washington Square

TIF #2.

(78) If the ordinance was adopted on December 29, 1986

by the City of Morris.

(79) If the ordinance was adopted on July 6, 1998 by

the Village of Steeleville.

(80) If the ordinance was adopted on December 29, 1986

by the City of Pontiac to create TIF I (the Main St TIF).

(81) If the ordinance was adopted on December 29, 1986

by the City of Pontiac to create TIF II (the Interstate

TIF).

(82) If the ordinance was adopted on November 6, 2002

by the City of Chicago to create the Madden/Wells TIF

District.

(83) If the ordinance was adopted on November 4, 1998

by the City of Chicago to create the Roosevelt/Racine TIF

District.

(84) If the ordinance was adopted on June 10, 1998 by

the City of Chicago to create the Stony Island

Commercial/Burnside Industrial Corridors TIF District.

(85) If the ordinance was adopted on November 29, 1989

by the City of Chicago to create the Englewood Mall TIF

District.

(86) If the ordinance was adopted on December 27, 1986

by the City of Mendota.

(87) If the ordinance was adopted on December 31, 1986

by the Village of Cahokia.

(88) If the ordinance was adopted on September 20, 1999

by the City of Belleville.

(89) If the ordinance was adopted on December 30, 1986

by the Village of Bellevue to create the Bellevue TIF

District 1.

(90) If the ordinance was adopted on December 13, 1993

by the Village of Crete.

(91) If the ordinance was adopted on February 12, 2001

by the Village of Crete.

(92) If the ordinance was adopted on April 23, 2001 by

the Village of Crete.

(93) If the ordinance was adopted on December 16, 1986

by the City of Champaign.

(94) If the ordinance was adopted on December 20, 1986

by the City of Charleston.

(95) If the ordinance was adopted on June 6, 1989 by

the Village of Romeoville.

(96) If the ordinance was adopted on October 14, 1993

and amended on August 2, 2010 by the City of Venice.

(97) If the ordinance was adopted on June 1, 1994 by

the City of Markham.

(98) If the ordinance was adopted on May 19, 1998 by

the Village of Bensenville.

(99) If the ordinance was adopted on November 12, 1987

by the City of Dixon.

(100) If the ordinance was adopted on December 20, 1988

by the Village of Lansing.

(101) If the ordinance was adopted on October 27, 1998

by the City of Moline.

(102) If the ordinance was adopted on May 21, 1991 by

the Village of Glenwood.

(103) If the ordinance was adopted on January 28, 1992

by the City of East Peoria.

(104) If the ordinance was adopted on December 14, 1998

by the City of Carlyle.

(105) If the ordinance was adopted on May 17, 2000, as

subsequently amended, by the City of Chicago to create the

Midwest Redevelopment TIF District.

(106) If the ordinance was adopted on September 13,

1989 by the City of Chicago to create the Michigan/Cermak

Area TIF District.

(107) If the ordinance was adopted on March 30, 1992 by

the Village of Ohio.

(108) If the ordinance was adopted on July 6, 1998 by

the Village of Orangeville.

(109) If the ordinance was adopted on December 16, 1997

by the Village of Germantown.

(110) If the ordinance was adopted on April 28, 2003 by

Gibson City.

(111) If the ordinance was adopted on December 18, 1990

by the Village of Washington Park, but only after the

Village of Washington Park becomes compliant with the

reporting requirements under subsection (d) of Section

11-74.4-5, and after the State Comptroller's certification

of such compliance.

(112) If the ordinance was adopted on February 28, 2000

by the City of Harvey.

(113) If the ordinance was adopted on January 11, 1991

by the City of Chicago to create the Read/Dunning TIF

District.

(114) If the ordinance was adopted on July 24, 1991 by

the City of Chicago to create the Sanitary and Ship Canal

TIF District.

(115) If the ordinance was adopted on December 4, 2007

by the City of Naperville.

(116) If the ordinance was adopted on July 1, 2002 by

the Village of Arlington Heights.

(117) If the ordinance was adopted on February 11, 1991

by the Village of Machesney Park.

(118) If the ordinance was adopted on December 29, 1993

by the City of Ottawa.

(119) If the ordinance was adopted on June 4, 1991 by

the Village of Lansing.

(120) If the ordinance was adopted on February 10, 2004

by the Village of Fox Lake.

(121) If the ordinance was adopted on December 22, 1992

by the City of Fairfield.

(122) If the ordinance was adopted on February 10, 1992

by the City of Mt. Sterling.

(123) If the ordinance was adopted on March 15, 2004 by

the City of Batavia.

(124) If the ordinance was adopted on March 18, 2002 by

the Village of Lake Zurich.

(125) If the ordinance was adopted on September 23,

1997 by the City of Granite City.

(126) If the ordinance was adopted on May 8, 2013 by

the Village of Rosemont to create the Higgins Road/River

Road TIF District No. 6.

(127) If the ordinance was adopted on November 22, 1993

by the City of Arcola.

(128) If the ordinance was adopted on September 7, 2004

by the City of Arcola.

(129) If the ordinance was adopted on November 29, 1999

by the City of Paris.

(130) If the ordinance was adopted on September 20,

1994 by the City of Ottawa to create the U.S. Route 6 East

Ottawa TIF.

(131) If the ordinance was adopted on May 2, 2002 by

the Village of Crestwood.

(132) If the ordinance was adopted on October 27, 1992

by the City of Blue Island.

(133) If the ordinance was adopted on December 23, 1993

by the City of Lacon.

(134) If the ordinance was adopted on May 4, 1998 by

the Village of Bradford.

(135) If the ordinance was adopted on June 11, 2002 by

the City of Oak Forest.

(136) If the ordinance was adopted on November 16, 1992

by the City of Pinckneyville.

(137) If the ordinance was adopted on March 1, 2001 by

the Village of South Jacksonville.

(138) If the ordinance was adopted on February 26, 1992

by the City of Chicago to create the Stockyards Southeast

Quadrant TIF District.

(139) If the ordinance was adopted on January 25, 1993

by the City of LaSalle.

(140) If the ordinance was adopted on December 23, 1997

by the Village of Dieterich.

(141) If the ordinance was adopted on February 10, 2016

by the Village of Rosemont to create the Balmoral/Pearl TIF

No. 8 Tax Increment Financing Redevelopment Project Area.

(d) For redevelopment project areas for which bonds were

issued before July 29, 1991, or for which contracts were

entered into before June 1, 1988, in connection with a

redevelopment project in the area within the State Sales Tax

Boundary, the estimated dates of completion of the

redevelopment project and retirement of obligations to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may be extended by municipal ordinance to

December 31, 2013. The termination procedures of subsection (b)

of Section 11-74.4-8 are not required for these redevelopment

project areas in 2009 but are required in 2013. The extension

allowed by Public Act 87-1272 shall not apply to real property

tax increment allocation financing under Section 11-74.4-8.

(e) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project

areas that were adopted on or after December 16, 1986 and for

which at least $8 million worth of municipal bonds were

authorized on or after December 19, 1989 but before January 1,

1990; provided that the municipality elects to extend the life

of the redevelopment project area to 35 years by the adoption

of an ordinance after at least 14 but not more than 30 days'

written notice to the taxing bodies, that would otherwise

constitute the joint review board for the redevelopment project

area, before the adoption of the ordinance.

(f) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project

areas that were established on or after December 1, 1981 but

before January 1, 1982 and for which at least $1,500,000 worth

of tax increment revenue bonds were authorized on or after

September 30, 1990 but before July 1, 1991; provided that the

municipality elects to extend the life of the redevelopment

project area to 35 years by the adoption of an ordinance after

at least 14 but not more than 30 days' written notice to the

taxing bodies, that would otherwise constitute the joint review

board for the redevelopment project area, before the adoption

of the ordinance.

(f-5) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 47 years for redevelopment project

areas that were established on December 29, 1981 by the City of

Springfield; provided that (i) the city of Springfield adopts

an ordinance extending the life of the redevelopment project

area to 47 years and (ii) the City of Springfield provides

notice to the taxing bodies that would otherwise constitute the

joint review board for the redevelopment project area not more

than 30 and not less than 14 days prior to the adoption of that

ordinance.

(g) In consolidating the material relating to completion

dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,

it is not the intent of the General Assembly to make any

substantive change in the law, except for the extension of the

completion dates for the City of Aurora, the Village of Milan,

the City of West Frankfort, the Village of Libertyville, and

the Village of Hoffman Estates set forth under items (67),

(68), (69), (70), and (71) of subsection (c) of this Section.

(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;

98-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.

12-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,

eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;

98-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.

1-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.

8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.

12-17-15.)

(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)

Sec. 11-74.4-4. Municipal powers and duties; redevelopment

project areas. The changes made by this amendatory Act of the

91st General Assembly do not apply to a municipality that, (i)

before the effective date of this amendatory Act of the 91st

General Assembly, has adopted an ordinance or resolution fixing

a time and place for a public hearing under Section 11-74.4-5

or (ii) before July 1, 1999, has adopted an ordinance or

resolution providing for a feasibility study under Section

11-74.4-4.1, but has not yet adopted an ordinance approving

redevelopment plans and redevelopment projects or designating

redevelopment project areas under this Section, until after

that municipality adopts an ordinance approving redevelopment

plans and redevelopment projects or designating redevelopment

project areas under this Section; thereafter the changes made

by this amendatory Act of the 91st General Assembly apply to

the same extent that they apply to redevelopment plans and

redevelopment projects that were approved and redevelopment

projects that were designated before the effective date of this

amendatory Act of the 91st General Assembly.

A municipality may:

(a) By ordinance introduced in the governing body of the

municipality within 14 to 90 days from the completion of the

hearing specified in Section 11-74.4-5 approve redevelopment

plans and redevelopment projects, and designate redevelopment

project areas pursuant to notice and hearing required by this

Act. No redevelopment project area shall be designated unless a

plan and project are approved prior to the designation of such

area and such area shall include only those contiguous parcels

of real property and improvements thereon substantially

benefited by the proposed redevelopment project improvements.

Upon adoption of the ordinances, the municipality shall

forthwith transmit to the county clerk of the county or

counties within which the redevelopment project area is located

a certified copy of the ordinances, a legal description of the

redevelopment project area, a map of the redevelopment project

area, identification of the year that the county clerk shall

use for determining the total initial equalized assessed value

of the redevelopment project area consistent with subsection

(a) of Section 11-74.4-9, and a list of the parcel or tax

identification number of each parcel of property included in

the redevelopment project area.

(b) Make and enter into all contracts with property owners,

developers, tenants, overlapping taxing bodies, and others

necessary or incidental to the implementation and furtherance

of its redevelopment plan and project. Contract provisions

concerning loan repayment obligations in contracts entered

into on or after the effective date of this amendatory Act of

the 93rd General Assembly shall terminate no later than the

last to occur of the estimated dates of completion of the

redevelopment project and retirement of the obligations issued

to finance redevelopment project costs as required by item (3)

of subsection (n) of Section 11-74.4-3. Payments received under

contracts entered into by the municipality prior to the

effective date of this amendatory Act of the 93rd General

Assembly that are received after the redevelopment project area

has been terminated by municipal ordinance shall be deposited

into a special fund of the municipality to be used for other

community redevelopment needs within the redevelopment project

area.

(c) Within a redevelopment project area, acquire by

purchase, donation, lease or eminent domain; own, convey,

lease, mortgage or dispose of land and other property, real or

personal, or rights or interests therein, and grant or acquire

licenses, easements and options with respect thereto, all in

the manner and at such price the municipality determines is

reasonably necessary to achieve the objectives of the

redevelopment plan and project. No conveyance, lease,

mortgage, disposition of land or other property owned by a

municipality, or agreement relating to the development of such

municipal property shall be made except upon the adoption of an

ordinance by the corporate authorities of the municipality.

Furthermore, no conveyance, lease, mortgage, or other

disposition of land owned by a municipality or agreement

relating to the development of such municipal property shall be

made without making public disclosure of the terms of the

disposition and all bids and proposals made in response to the

municipality's request. The procedures for obtaining such bids

and proposals shall provide reasonable opportunity for any

person to submit alternative proposals or bids.

(d) Within a redevelopment project area, clear any area by

demolition or removal of any existing buildings and structures.

(e) Within a redevelopment project area, renovate or

rehabilitate or construct any structure or building, as

permitted under this Act.

(f) Install, repair, construct, reconstruct or relocate

streets, utilities and site improvements essential to the

preparation of the redevelopment area for use in accordance

with a redevelopment plan.

(g) Within a redevelopment project area, fix, charge and

collect fees, rents and charges for the use of any building or

property owned or leased by it or any part thereof, or facility

therein.

(h) Accept grants, guarantees and donations of property,

labor, or other things of value from a public or private source

for use within a project redevelopment area.

(i) Acquire and construct public facilities within a

redevelopment project area, as permitted under this Act.

(j) Incur project redevelopment costs and reimburse

developers who incur redevelopment project costs authorized by

a redevelopment agreement; provided, however, that on and after

the effective date of this amendatory Act of the 91st General

Assembly, no municipality shall incur redevelopment project

costs (except for planning costs and any other eligible costs

authorized by municipal ordinance or resolution that are

subsequently included in the redevelopment plan for the area

and are incurred by the municipality after the ordinance or

resolution is adopted) that are not consistent with the program

for accomplishing the objectives of the redevelopment plan as

included in that plan and approved by the municipality until

the municipality has amended the redevelopment plan as provided

elsewhere in this Act.

(k) Create a commission of not less than 5 or more than 15

persons to be appointed by the mayor or president of the

municipality with the consent of the majority of the governing

board of the municipality. Members of a commission appointed

after the effective date of this amendatory Act of 1987 shall

be appointed for initial terms of 1, 2, 3, 4 and 5 years,

respectively, in such numbers as to provide that the terms of

not more than 1/3 of all such members shall expire in any one

year. Their successors shall be appointed for a term of 5

years. The commission, subject to approval of the corporate

authorities may exercise the powers enumerated in this Section.

The commission shall also have the power to hold the public

hearings required by this division and make recommendations to

the corporate authorities concerning the adoption of

redevelopment plans, redevelopment projects and designation of

redevelopment project areas.

(l) Make payment in lieu of taxes or a portion thereof to

taxing districts. If payments in lieu of taxes or a portion

thereof are made to taxing districts, those payments shall be

made to all districts within a project redevelopment area on a

basis which is proportional to the current collections of

revenue which each taxing district receives from real property

in the redevelopment project area.

(m) Exercise any and all other powers necessary to

effectuate the purposes of this Act.

(n) If any member of the corporate authority, a member of a

commission established pursuant to Section 11-74.4-4(k) of

this Act, or an employee or consultant of the municipality

involved in the planning and preparation of a redevelopment

plan, or project for a redevelopment project area or proposed

redevelopment project area, as defined in Sections

11-74.4-3(i) through (k) of this Act, owns or controls an

interest, direct or indirect, in any property included in any

redevelopment area, or proposed redevelopment area, he or she

shall disclose the same in writing to the clerk of the

municipality, and shall also so disclose the dates and terms

and conditions of any disposition of any such interest, which

disclosures shall be acknowledged by the corporate authorities

and entered upon the minute books of the corporate authorities.

If an individual holds such an interest then that individual

shall refrain from any further official involvement in regard

to such redevelopment plan, project or area, from voting on any

matter pertaining to such redevelopment plan, project or area,

or communicating with other members concerning corporate

authorities, commission or employees concerning any matter

pertaining to said redevelopment plan, project or area.

Furthermore, no such member or employee shall acquire of any

interest direct, or indirect, in any property in a

redevelopment area or proposed redevelopment area after either

(a) such individual obtains knowledge of such plan, project or

area or (b) first public notice of such plan, project or area

pursuant to Section 11-74.4-6 of this Division, whichever

occurs first. For the purposes of this subsection, a property

interest acquired in a single parcel of property by a member of

the corporate authority, which property is used exclusively as

the member's primary residence, shall not be deemed to

constitute an interest in any property included in a

redevelopment area or proposed redevelopment area that was

established before December 31, 1989, but the member must

disclose the acquisition to the municipal clerk under the

provisions of this subsection. A single property interest

acquired within one year after the effective date of this

amendatory Act of the 94th General Assembly or 2 years after

the effective date of this amendatory Act of the 95th General

Assembly by a member of the corporate authority does not

constitute an interest in any property included in any

redevelopment area or proposed redevelopment area, regardless

of when the redevelopment area was established, if (i) the

property is used exclusively as the member's primary residence,

(ii) the member discloses the acquisition to the municipal

clerk under the provisions of this subsection, (iii) the

acquisition is for fair market value, (iv) the member acquires

the property as a result of the property being publicly

advertised for sale, and (v) the member refrains from voting

on, and communicating with other members concerning, any matter

when the benefits to the redevelopment project or area would be

significantly greater than the benefits to the municipality as

a whole. For the purposes of this subsection, a month-to-month

leasehold interest in a single parcel of property by a member

of the corporate authority shall not be deemed to constitute an

interest in any property included in any redevelopment area or

proposed redevelopment area, but the member must disclose the

interest to the municipal clerk under the provisions of this

subsection.

(o) Create a Tax Increment Economic Development Advisory

Committee to be appointed by the Mayor or President of the

municipality with the consent of the majority of the governing

board of the municipality, the members of which Committee shall

be appointed for initial terms of 1, 2, 3, 4 and 5 years

respectively, in such numbers as to provide that the terms of

not more than 1/3 of all such members shall expire in any one

year. Their successors shall be appointed for a term of 5

years. The Committee shall have none of the powers enumerated

in this Section. The Committee shall serve in an advisory

capacity only. The Committee may advise the governing Board of

the municipality and other municipal officials regarding

development issues and opportunities within the redevelopment

project area or the area within the State Sales Tax Boundary.

The Committee may also promote and publicize development

opportunities in the redevelopment project area or the area

within the State Sales Tax Boundary.

(p) Municipalities may jointly undertake and perform

redevelopment plans and projects and utilize the provisions of

the Act wherever they have contiguous redevelopment project

areas or they determine to adopt tax increment financing with

respect to a redevelopment project area which includes

contiguous real property within the boundaries of the

municipalities, and in doing so, they may, by agreement between

municipalities, issue obligations, separately or jointly, and

expend revenues received under the Act for eligible expenses

anywhere within contiguous redevelopment project areas or as

otherwise permitted in the Act. With respect to redevelopment

project areas that are established within a transit facility

improvement area, the provisions of this subsection apply only

with respect to such redevelopment project areas that are

contiguous to each other.

(q) Utilize revenues, other than State sales tax increment

revenues, received under this Act from one redevelopment

project area for eligible costs in another redevelopment

project area that is:

(i) contiguous to the redevelopment project area from

which the revenues are received;

(ii) separated only by a public right of way from the

redevelopment project area from which the revenues are

received; or

(iii) separated only by forest preserve property from

the redevelopment project area from which the revenues are

received if the closest boundaries of the redevelopment

project areas that are separated by the forest preserve

property are less than one mile apart.

Utilize tax increment revenues for eligible costs that are

received from a redevelopment project area created under the

Industrial Jobs Recovery Law that is either contiguous to, or

is separated only by a public right of way from, the

redevelopment project area created under this Act which

initially receives these revenues. Utilize revenues, other

than State sales tax increment revenues, by transferring or

loaning such revenues to a redevelopment project area created

under the Industrial Jobs Recovery Law that is either

contiguous to, or separated only by a public right of way from

the redevelopment project area that initially produced and

received those revenues; and, if the redevelopment project area

(i) was established before the effective date of this

amendatory Act of the 91st General Assembly and (ii) is located

within a municipality with a population of more than 100,000,

utilize revenues or proceeds of obligations authorized by

Section 11-74.4-7 of this Act, other than use or occupation tax

revenues, to pay for any redevelopment project costs as defined

by subsection (q) of Section 11-74.4-3 to the extent that the

redevelopment project costs involve public property that is

either contiguous to, or separated only by a public right of

way from, a redevelopment project area whether or not

redevelopment project costs or the source of payment for the

costs are specifically set forth in the redevelopment plan for

the redevelopment project area.

(r) If no redevelopment project has been initiated in a

redevelopment project area within 7 years after the area was

designated by ordinance under subsection (a), the municipality

shall adopt an ordinance repealing the area's designation as a

redevelopment project area; provided, however, that if an area

received its designation more than 3 years before the effective

date of this amendatory Act of 1994 and no redevelopment

project has been initiated within 4 years after the effective

date of this amendatory Act of 1994, the municipality shall

adopt an ordinance repealing its designation as a redevelopment

project area. Initiation of a redevelopment project shall be

evidenced by either a signed redevelopment agreement or

expenditures on eligible redevelopment project costs

associated with a redevelopment project.

Notwithstanding any other provision of this Section to the

contrary, with respect to a redevelopment project area

designated by an ordinance that was adopted on July 29, 1998 by

the City of Chicago, the City of Chicago shall adopt an

ordinance repealing the area's designation as a redevelopment

project area if no redevelopment project has been initiated in

the redevelopment project area within 15 years after the

designation of the area. The City of Chicago may retroactively

repeal any ordinance adopted by the City of Chicago, pursuant

to this subsection (r), that repealed the designation of a

redevelopment project area designated by an ordinance that was

adopted by the City of Chicago on July 29, 1998. The City of

Chicago has 90 days after the effective date of this amendatory

Act to repeal the ordinance. The changes to this Section made

by this amendatory Act of the 96th General Assembly apply

retroactively to July 27, 2005.

(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)

(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)

Sec. 11-74.4-6. (a) Except as provided herein, notice of

the public hearing shall be given by publication and mailing;

provided, however, that no notice by mailing shall be required

under this subsection (a) with respect to any redevelopment

project area located within a transit facility improvement area

established pursuant to Section 11-74.4-3.3. Notice by

publication shall be given by publication at least twice, the

first publication to be not more than 30 nor less than 10 days

prior to the hearing in a newspaper of general circulation

within the taxing districts having property in the proposed

redevelopment project area. Notice by mailing shall be given by

depositing such notice in the United States mails by certified

mail addressed to the person or persons in whose name the

general taxes for the last preceding year were paid on each

lot, block, tract, or parcel of land lying within the project

redevelopment area. Said notice shall be mailed not less than

10 days prior to the date set for the public hearing. In the

event taxes for the last preceding year were not paid, the

notice shall also be sent to the persons last listed on the tax

rolls within the preceding 3 years as the owners of such

property. For redevelopment project areas with redevelopment

plans or proposed redevelopment plans that would require

removal of 10 or more inhabited residential units or that

contain 75 or more inhabited residential units, the

municipality shall make a good faith effort to notify by mail

all residents of the redevelopment project area. At a minimum,

the municipality shall mail a notice to each residential

address located within the redevelopment project area. The

municipality shall endeavor to ensure that all such notices are

effectively communicated and shall include (in addition to

notice in English) notice in the predominant language other

than English when appropriate.

(b) The notices issued pursuant to this Section shall

include the following:

(1) The time and place of public hearing.

(2) The boundaries of the proposed redevelopment

project area by legal description and by street location

where possible.

(3) A notification that all interested persons will be

given an opportunity to be heard at the public hearing.

(4) A description of the redevelopment plan or

redevelopment project for the proposed redevelopment

project area if a plan or project is the subject matter of

the hearing.

(5) Such other matters as the municipality may deem

appropriate.

(c) Not less than 45 days prior to the date set for

hearing, the municipality shall give notice by mail as provided

in subsection (a) to all taxing districts of which taxable

property is included in the redevelopment project area, project

or plan and to the Department of Commerce and Economic

Opportunity, and in addition to the other requirements under

subsection (b) the notice shall include an invitation to the

Department of Commerce and Economic Opportunity and each taxing

district to submit comments to the municipality concerning the

subject matter of the hearing prior to the date of hearing.

(d) In the event that any municipality has by ordinance

adopted tax increment financing prior to 1987, and has complied

with the notice requirements of this Section, except that the

notice has not included the requirements of subsection (b),

paragraphs (2), (3) and (4), and within 90 days of the

effective date of this amendatory Act of 1991, that

municipality passes an ordinance which contains findings that:

(1) all taxing districts prior to the time of the hearing

required by Section 11-74.4-5 were furnished with copies of a

map incorporated into the redevelopment plan and project

substantially showing the legal boundaries of the

redevelopment project area; (2) the redevelopment plan and

project, or a draft thereof, contained a map substantially

showing the legal boundaries of the redevelopment project area

and was available to the public at the time of the hearing; and

(3) since the adoption of any form of tax increment financing

authorized by this Act, and prior to June 1, 1991, no objection

or challenge has been made in writing to the municipality in

respect to the notices required by this Section, then the

municipality shall be deemed to have met the notice

requirements of this Act and all actions of the municipality

taken in connection with such notices as were given are hereby

validated and hereby declared to be legally sufficient for all

purposes of this Act.

(e) If a municipality desires to propose a redevelopment

plan for a redevelopment project area that would result in the

displacement of residents from 10 or more inhabited residential

units or for a redevelopment project area that contains 75 or

more inhabited residential units, the municipality shall hold a

public meeting before the mailing of the notices of public

hearing as provided in subsection (c) of this Section. However,

such a meeting shall be required for any redevelopment plan for

a redevelopment project area located within a transit facility

improvement area established pursuant to Section 11-74.4-3.3

if the applicable project is subject to the process for

evaluation of environmental effects under the National

Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. The

meeting shall be for the purpose of enabling the municipality

to advise the public, taxing districts having real property in

the redevelopment project area, taxpayers who own property in

the proposed redevelopment project area, and residents in the

area as to the municipality's possible intent to prepare a

redevelopment plan and designate a redevelopment project area

and to receive public comment. The time and place for the

meeting shall be set by the head of the municipality's

Department of Planning or other department official designated

by the mayor or city or village manager without the necessity

of a resolution or ordinance of the municipality and may be

held by a member of the staff of the Department of Planning of

the municipality or by any other person, body, or commission

designated by the corporate authorities. The meeting shall be

held at least 14 business days before the mailing of the notice

of public hearing provided for in subsection (c) of this

Section.

Notice of the public meeting shall be given by mail. Notice

by mail shall be not less than 15 days before the date of the

meeting and shall be sent by certified mail to all taxing

districts having real property in the proposed redevelopment

project area and to all entities requesting that information

that have registered with a person and department designated by

the municipality in accordance with registration guidelines

established by the municipality pursuant to Section

11-74.4-4.2. The municipality shall make a good faith effort to

notify all residents and the last known persons who paid

property taxes on real estate in a redevelopment project area.

This requirement shall be deemed to be satisfied if the

municipality mails, by regular mail, a notice to each

residential address and the person or persons in whose name

property taxes were paid on real property for the last

preceding year located within the redevelopment project area.

Notice shall be in languages other than English when

appropriate. The notices issued under this subsection shall

include the following:

(1) The time and place of the meeting.

(2) The boundaries of the area to be studied for

possible designation as a redevelopment project area by

street and location.

(3) The purpose or purposes of establishing a

redevelopment project area.

(4) A brief description of tax increment financing.

(5) The name, telephone number, and address of the

person who can be contacted for additional information

about the proposed redevelopment project area and who

should receive all comments and suggestions regarding the

development of the area to be studied.

(6) Notification that all interested persons will be

given an opportunity to be heard at the public meeting.

(7) Such other matters as the municipality deems

appropriate.

At the public meeting, any interested person or

representative of an affected taxing district may be heard

orally and may file, with the person conducting the meeting,

statements that pertain to the subject matter of the meeting.

(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)

(65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)

Sec. 11-74.4-8. Tax increment allocation financing. A

municipality may not adopt tax increment financing in a

redevelopment project area after the effective date of this

amendatory Act of 1997 that will encompass an area that is

currently included in an enterprise zone created under the

Illinois Enterprise Zone Act unless that municipality,

pursuant to Section 5.4 of the Illinois Enterprise Zone Act,

amends the enterprise zone designating ordinance to limit the

eligibility for tax abatements as provided in Section 5.4.1 of

the Illinois Enterprise Zone Act. A municipality, at the time a

redevelopment project area is designated, may adopt tax

increment allocation financing by passing an ordinance

providing that the ad valorem taxes, if any, arising from the

levies upon taxable real property in such redevelopment project

area by taxing districts and tax rates determined in the manner

provided in paragraph (c) of Section 11-74.4-9 each year after

the effective date of the ordinance until redevelopment project

costs and all municipal obligations financing redevelopment

project costs incurred under this Division have been paid shall

be divided as follows, provided, however, that with respect to

any redevelopment project area located within a transit

facility improvement area established pursuant to Section

11-74.4-3.3 in a municipality with a population of 1,000,000 or

more, ad valorem taxes, if any, arising from the levies upon

taxable real property in such redevelopment project area shall

be allocated as specifically provided in this Section:

(a) That portion of taxes levied upon each taxable lot,

block, tract or parcel of real property which is attributable

to the lower of the current equalized assessed value or the

initial equalized assessed value of each such taxable lot,

block, tract or parcel of real property in the redevelopment

project area shall be allocated to and when collected shall be

paid by the county collector to the respective affected taxing

districts in the manner required by law in the absence of the

adoption of tax increment allocation financing.

(b) Except from a tax levied by a township to retire bonds

issued to satisfy court-ordered damages, that portion, if any,

of such taxes which is attributable to the increase in the

current equalized assessed valuation of each taxable lot,

block, tract or parcel of real property in the redevelopment

project area over and above the initial equalized assessed

value of each property in the project area shall be allocated

to and when collected shall be paid to the municipal treasurer

who shall deposit said taxes into a special fund called the

special tax allocation fund of the municipality for the purpose

of paying redevelopment project costs and obligations incurred

in the payment thereof. In any county with a population of

3,000,000 or more that has adopted a procedure for collecting

taxes that provides for one or more of the installments of the

taxes to be billed and collected on an estimated basis, the

municipal treasurer shall be paid for deposit in the special

tax allocation fund of the municipality, from the taxes

collected from estimated bills issued for property in the

redevelopment project area, the difference between the amount

actually collected from each taxable lot, block, tract, or

parcel of real property within the redevelopment project area

and an amount determined by multiplying the rate at which taxes

were last extended against the taxable lot, block, track, or

parcel of real property in the manner provided in subsection

(c) of Section 11-74.4-9 by the initial equalized assessed

value of the property divided by the number of installments in

which real estate taxes are billed and collected within the

county; provided that the payments on or before December 31,

1999 to a municipal treasurer shall be made only if each of the

following conditions are met:

(1) The total equalized assessed value of the

redevelopment project area as last determined was not less

than 175% of the total initial equalized assessed value.

(2) Not more than 50% of the total equalized assessed

value of the redevelopment project area as last determined

is attributable to a piece of property assigned a single

real estate index number.

(3) The municipal clerk has certified to the county

clerk that the municipality has issued its obligations to

which there has been pledged the incremental property taxes

of the redevelopment project area or taxes levied and

collected on any or all property in the municipality or the

full faith and credit of the municipality to pay or secure

payment for all or a portion of the redevelopment project

costs. The certification shall be filed annually no later

than September 1 for the estimated taxes to be distributed

in the following year; however, for the year 1992 the

certification shall be made at any time on or before March

31, 1992.

(4) The municipality has not requested that the total

initial equalized assessed value of real property be

adjusted as provided in subsection (b) of Section

11-74.4-9.

The conditions of paragraphs (1) through (4) do not apply

after December 31, 1999 to payments to a municipal treasurer

made by a county with 3,000,000 or more inhabitants that has

adopted an estimated billing procedure for collecting taxes. If

a county that has adopted the estimated billing procedure makes

an erroneous overpayment of tax revenue to the municipal

treasurer, then the county may seek a refund of that

overpayment. The county shall send the municipal treasurer a

notice of liability for the overpayment on or before the

mailing date of the next real estate tax bill within the

county. The refund shall be limited to the amount of the

overpayment.

It is the intent of this Division that after the effective

date of this amendatory Act of 1988 a municipality's own ad

valorem tax arising from levies on taxable real property be

included in the determination of incremental revenue in the

manner provided in paragraph (c) of Section 11-74.4-9. If the

municipality does not extend such a tax, it shall annually

deposit in the municipality's Special Tax Increment Fund an

amount equal to 10% of the total contributions to the fund from

all other taxing districts in that year. The annual 10% deposit

required by this paragraph shall be limited to the actual

amount of municipally produced incremental tax revenues

available to the municipality from taxpayers located in the

redevelopment project area in that year if: (a) the plan for

the area restricts the use of the property primarily to

industrial purposes, (b) the municipality establishing the

redevelopment project area is a home-rule community with a 1990

population of between 25,000 and 50,000, (c) the municipality

is wholly located within a county with a 1990 population of

over 750,000 and (d) the redevelopment project area was

established by the municipality prior to June 1, 1990. This

payment shall be in lieu of a contribution of ad valorem taxes

on real property. If no such payment is made, any redevelopment

project area of the municipality shall be dissolved.

If a municipality has adopted tax increment allocation

financing by ordinance and the County Clerk thereafter

certifies the "total initial equalized assessed value as

adjusted" of the taxable real property within such

redevelopment project area in the manner provided in paragraph

(b) of Section 11-74.4-9, each year after the date of the

certification of the total initial equalized assessed value as

adjusted until redevelopment project costs and all municipal

obligations financing redevelopment project costs have been

paid the ad valorem taxes, if any, arising from the levies upon

the taxable real property in such redevelopment project area by

taxing districts and tax rates determined in the manner

provided in paragraph (c) of Section 11-74.4-9 shall be divided

as follows, provided, however, that with respect to any

redevelopment project area located within a transit facility

improvement area established pursuant to Section 11-74.4-3.3

in a municipality with a population of 1,000,000 or more, ad

valorem taxes, if any, arising from the levies upon the taxable

real property in such redevelopment project area shall be

allocated as specifically provided in this Section:

(1) That portion of the taxes levied upon each taxable

lot, block, tract or parcel of real property which is

attributable to the lower of the current equalized assessed

value or "current equalized assessed value as adjusted" or

the initial equalized assessed value of each such taxable

lot, block, tract, or parcel of real property existing at

the time tax increment financing was adopted, minus the

total current homestead exemptions under Article 15 of the

Property Tax Code in the redevelopment project area shall

be allocated to and when collected shall be paid by the

county collector to the respective affected taxing

districts in the manner required by law in the absence of

the adoption of tax increment allocation financing.

(2) That portion, if any, of such taxes which is

attributable to the increase in the current equalized

assessed valuation of each taxable lot, block, tract, or

parcel of real property in the redevelopment project area,

over and above the initial equalized assessed value of each

property existing at the time tax increment financing was

adopted, minus the total current homestead exemptions

pertaining to each piece of property provided by Article 15

of the Property Tax Code in the redevelopment project area,

shall be allocated to and when collected shall be paid to

the municipal Treasurer, who shall deposit said taxes into

a special fund called the special tax allocation fund of

the municipality for the purpose of paying redevelopment

project costs and obligations incurred in the payment

thereof.

The municipality may pledge in the ordinance the funds in

and to be deposited in the special tax allocation fund for the

payment of such costs and obligations. No part of the current

equalized assessed valuation of each property in the

redevelopment project area attributable to any increase above

the total initial equalized assessed value, or the total

initial equalized assessed value as adjusted, of such

properties shall be used in calculating the general State

school aid formula, provided for in Section 18-8 of the School

Code, until such time as all redevelopment project costs have

been paid as provided for in this Section.

Whenever a municipality issues bonds for the purpose of

financing redevelopment project costs, such municipality may

provide by ordinance for the appointment of a trustee, which

may be any trust company within the State, and for the

establishment of such funds or accounts to be maintained by

such trustee as the municipality shall deem necessary to

provide for the security and payment of the bonds. If such

municipality provides for the appointment of a trustee, such

trustee shall be considered the assignee of any payments

assigned by the municipality pursuant to such ordinance and

this Section. Any amounts paid to such trustee as assignee

shall be deposited in the funds or accounts established

pursuant to such trust agreement, and shall be held by such

trustee in trust for the benefit of the holders of the bonds,

and such holders shall have a lien on and a security interest

in such funds or accounts so long as the bonds remain

outstanding and unpaid. Upon retirement of the bonds, the

trustee shall pay over any excess amounts held to the

municipality for deposit in the special tax allocation fund.

When such redevelopment projects costs, including without

limitation all municipal obligations financing redevelopment

project costs incurred under this Division, have been paid, all

surplus funds then remaining in the special tax allocation fund

shall be distributed by being paid by the municipal treasurer

to the Department of Revenue, the municipality and the county

collector; first to the Department of Revenue and the

municipality in direct proportion to the tax incremental

revenue received from the State and the municipality, but not

to exceed the total incremental revenue received from the State

or the municipality less any annual surplus distribution of

incremental revenue previously made; with any remaining funds

to be paid to the County Collector who shall immediately

thereafter pay said funds to the taxing districts in the

redevelopment project area in the same manner and proportion as

the most recent distribution by the county collector to the

affected districts of real property taxes from real property in

the redevelopment project area.

Upon the payment of all redevelopment project costs, the

retirement of obligations, the distribution of any excess

monies pursuant to this Section, and final closing of the books

and records of the redevelopment project area, the municipality

shall adopt an ordinance dissolving the special tax allocation

fund for the redevelopment project area and terminating the

designation of the redevelopment project area as a

redevelopment project area. Title to real or personal property

and public improvements acquired by or for the municipality as

a result of the redevelopment project and plan shall vest in

the municipality when acquired and shall continue to be held by

the municipality after the redevelopment project area has been

terminated. Municipalities shall notify affected taxing

districts prior to November 1 if the redevelopment project area

is to be terminated by December 31 of that same year. If a

municipality extends estimated dates of completion of a

redevelopment project and retirement of obligations to finance

a redevelopment project, as allowed by this amendatory Act of

1993, that extension shall not extend the property tax

increment allocation financing authorized by this Section.

Thereafter the rates of the taxing districts shall be extended

and taxes levied, collected and distributed in the manner

applicable in the absence of the adoption of tax increment

allocation financing.

If a municipality with a population of 1,000,000 or more

has adopted by ordinance tax increment allocation financing for

a redevelopment project area located in a transit facility

improvement area established pursuant to Section 11-74.4-3.3,

for each year after the effective date of the ordinance until

redevelopment project costs and all municipal obligations

financing redevelopment project costs have been paid, the ad

valorem taxes, if any, arising from the levies upon the taxable

real property in that redevelopment project area by taxing

districts and tax rates determined in the manner provided in

paragraph (c) of Section 11-74.4-9 shall be divided as follows:

(1) That portion of the taxes levied upon each taxable

lot, block, tract or parcel of real property which is

attributable to the lower of (i) the current equalized

assessed value or "current equalized assessed value as

adjusted" or (ii) the initial equalized assessed value of

each such taxable lot, block, tract, or parcel of real

property existing at the time tax increment financing was

adopted, minus the total current homestead exemptions

under Article 15 of the Property Tax Code in the

redevelopment project area shall be allocated to and when

collected shall be paid by the county collector to the

respective affected taxing districts in the manner

required by law in the absence of the adoption of tax

increment allocation financing.

(2) That portion, if any, of such taxes which is

attributable to the increase in the current equalized

assessed valuation of each taxable lot, block, tract, or

parcel of real property in the redevelopment project area,

over and above the initial equalized assessed value of each

property existing at the time tax increment financing was

adopted, minus the total current homestead exemptions

pertaining to each piece of property provided by Article 15

of the Property Tax Code in the redevelopment project area,

shall be allocated to and when collected shall be paid by

the county collector as follows:

(A) First, that portion which would be payable to a

school district whose boundaries are coterminous with

such municipality in the absence of the adoption of tax

increment allocation financing, shall be paid to such

school district in the manner required by law in the

absence of the adoption of tax increment allocation

financing; then

(B) 80% of the remaining portion shall be paid to

the municipal Treasurer, who shall deposit said taxes

into a special fund called the special tax allocation

fund of the municipality for the purpose of paying

redevelopment project costs and obligations incurred

in the payment thereof; and then

(C) 20% of the remaining portion shall be paid to

the respective affected taxing districts, other than

the school district described in clause (a) above, in

the manner required by law in the absence of the

adoption of tax increment allocation financing.

Nothing in this Section shall be construed as relieving

property in such redevelopment project areas from being

assessed as provided in the Property Tax Code or as relieving

owners of such property from paying a uniform rate of taxes, as

required by Section 4 of Article IX of the Illinois

Constitution.

(Source: P.A. 98-463, eff. 8-16-13.)

(65 ILCS 5/11-74.6-22)

Sec. 11-74.6-22. Adoption of ordinance; requirements;

changes.

(a) Before adoption of an ordinance proposing the

designation of a redevelopment planning area or a redevelopment

project area, or both, or approving a redevelopment plan or

redevelopment project, the municipality or commission

designated pursuant to subsection (l) of Section 11-74.6-15

shall fix by ordinance or resolution a time and place for

public hearing. Prior to the adoption of the ordinance or

resolution establishing the time and place for the public

hearing, the municipality shall make available for public

inspection a redevelopment plan or a report that provides in

sufficient detail, the basis for the eligibility of the

redevelopment project area. The report along with the name of a

person to contact for further information shall be sent to the

affected taxing district by certified mail within a reasonable

time following the adoption of the ordinance or resolution

establishing the time and place for the public hearing.

At the public hearing any interested person or affected

taxing district may file with the municipal clerk written

objections to the ordinance and may be heard orally on any

issues that are the subject of the hearing. The municipality

shall hear and determine all alternate proposals or bids for

any proposed conveyance, lease, mortgage or other disposition

of land and all protests and objections at the hearing and the

hearing may be adjourned to another date without further notice

other than a motion to be entered upon the minutes fixing the

time and place of the later hearing. At the public hearing or

at any time prior to the adoption by the municipality of an

ordinance approving a redevelopment plan, the municipality may

make changes in the redevelopment plan. Changes which (1) add

additional parcels of property to the proposed redevelopment

project area, (2) substantially affect the general land uses

proposed in the redevelopment plan, or (3) substantially change

the nature of or extend the life of the redevelopment project

shall be made only after the municipality gives notice,

convenes a joint review board, and conducts a public hearing

pursuant to the procedures set forth in this Section and in

Section 11-74.6-25. Changes which do not (1) add additional

parcels of property to the proposed redevelopment project area,

(2) substantially affect the general land uses proposed in the

redevelopment plan, or (3) substantially change the nature of

or extend the life of the redevelopment project may be made

without further hearing, provided that the municipality shall

give notice of any such changes by mail to each affected taxing

district and by publication once in a newspaper of general

circulation within the affected taxing district. Such notice by

mail and by publication shall each occur not later than 10 days

following the adoption by ordinance of such changes.

(b) Before adoption of an ordinance proposing the

designation of a redevelopment planning area or a redevelopment

project area, or both, or amending the boundaries of an

existing redevelopment project area or redevelopment planning

area, or both, the municipality shall convene a joint review

board to consider the proposal. The board shall consist of a

representative selected by each taxing district that has

authority to levy real property taxes on the property within

the proposed redevelopment project area and that has at least

5% of its total equalized assessed value located within the

proposed redevelopment project area, a representative selected

by the municipality and a public member. The public member and

the board's chairperson shall be selected by a majority of

other board members.

All board members shall be appointed and the first board

meeting held within 14 days following the notice by the

municipality to all the taxing districts as required by

subsection (c) of Section 11-74.6-25. The notice shall also

advise the taxing bodies represented on the joint review board

of the time and place of the first meeting of the board.

Additional meetings of the board shall be held upon the call of

any 2 members. The municipality seeking designation of the

redevelopment project area may provide administrative support

to the board.

The board shall review the public record, planning

documents and proposed ordinances approving the redevelopment

plan and project to be adopted by the municipality. As part of

its deliberations, the board may hold additional hearings on

the proposal. A board's recommendation, if any, shall be a

written recommendation adopted by a majority vote of the board

and submitted to the municipality within 30 days after the

board convenes. A board's recommendation shall be binding upon

the municipality. Failure of the board to submit its

recommendation on a timely basis shall not be cause to delay

the public hearing or the process of establishing or amending

the redevelopment project area. The board's recommendation on

the proposal shall be based upon the area satisfying the

applicable eligibility criteria defined in Section 11-74.6-10

and whether there is a basis for the municipal findings set

forth in the redevelopment plan as required by this Act. If the

board does not file a recommendation it shall be presumed that

the board has found that the redevelopment project area

satisfies the eligibility criteria.

(c) After a municipality has by ordinance approved a

redevelopment plan and designated a redevelopment planning

area or a redevelopment project area, or both, the plan may be

amended and additional properties may be added to the

redevelopment project area only as herein provided. Amendments

which (1) add additional parcels of property to the proposed

redevelopment project area, (2) substantially affect the

general land uses proposed in the redevelopment plan, (3)

substantially change the nature of the redevelopment project,

(4) increase the total estimated redevelopment project costs

set out in the redevelopment plan by more than 5% after

adjustment for inflation from the date the plan was adopted, or

(5) add additional redevelopment project costs to the itemized

list of redevelopment project costs set out in the

redevelopment plan shall be made only after the municipality

gives notice, convenes a joint review board, and conducts a

public hearing pursuant to the procedures set forth in this

Section and in Section 11-74.6-25. Changes which do not (1) add

additional parcels of property to the proposed redevelopment

project area, (2) substantially affect the general land uses

proposed in the redevelopment plan, (3) substantially change

the nature of the redevelopment project, (4) increase the total

estimated redevelopment project cost set out in the

redevelopment plan by more than 5% after adjustment for

inflation from the date the plan was adopted, or (5) add

additional redevelopment project costs to the itemized list of

redevelopment project costs set out in the redevelopment plan

may be made without further hearing, provided that the

municipality shall give notice of any such changes by mail to

each affected taxing district and by publication once in a

newspaper of general circulation within the affected taxing

district. Such notice by mail and by publication shall each

occur not later than 10 days following the adoption by

ordinance of such changes.

Notwithstanding Section 11-74.6-50, the redevelopment

project area established by an ordinance adopted in its final

form on December 19, 2011 by the City of Loves Park may be

expanded by the adoption of an ordinance to that effect without

further hearing or notice to include land that (i) is at least

in part contiguous to the existing redevelopment project area,

(ii) does not exceed approximately 16.56 acres, (iii) at the

time of the establishment of the redevelopment project area

would have been otherwise eligible for inclusion in the

redevelopment project area, and (iv) is zoned so as to comply

with this Act prior to its inclusion in the redevelopment

project area.

(d) After the effective date of this amendatory Act of the

91st General Assembly, a municipality shall submit the

following information for each redevelopment project area (i)

to the State Comptroller under Section 8-8-3.5 of the Illinois

Municipal Code, subject to any extensions or exemptions

provided at the Comptroller's discretion under that Section,

and (ii) to all taxing districts overlapping the redevelopment

project area no later than 180 days after the close of each

municipal fiscal year or as soon thereafter as the audited

financial statements become available and, in any case, shall

be submitted before the annual meeting of the joint review

board to each of the taxing districts that overlap the

redevelopment project area:

(1) Any amendments to the redevelopment plan, or the

redevelopment project area.

(1.5) A list of the redevelopment project areas

administered by the municipality and, if applicable, the

date each redevelopment project area was designated or

terminated by the municipality.

(2) Audited financial statements of the special tax

allocation fund once a cumulative total of $100,000 of tax

increment revenues has been deposited in the fund.

(3) Certification of the Chief Executive Officer of the

municipality that the municipality has complied with all of

the requirements of this Act during the preceding fiscal

year.

(4) An opinion of legal counsel that the municipality

is in compliance with this Act.

(5) An analysis of the special tax allocation fund

which sets forth:

(A) the balance in the special tax allocation fund

at the beginning of the fiscal year;

(B) all amounts deposited in the special tax

allocation fund by source;

(C) an itemized list of all expenditures from the

special tax allocation fund by category of permissible

redevelopment project cost; and

(D) the balance in the special tax allocation fund

at the end of the fiscal year including a breakdown of

that balance by source and a breakdown of that balance

identifying any portion of the balance that is

required, pledged, earmarked, or otherwise designated

for payment of or securing of obligations and

anticipated redevelopment project costs. Any portion

of such ending balance that has not been identified or

is not identified as being required, pledged,

earmarked, or otherwise designated for payment of or

securing of obligations or anticipated redevelopment

project costs shall be designated as surplus as set

forth in Section 11-74.6-30 hereof.

(6) A description of all property purchased by the

municipality within the redevelopment project area

including:

(A) Street address.

(B) Approximate size or description of property.

(C) Purchase price.

(D) Seller of property.

(7) A statement setting forth all activities

undertaken in furtherance of the objectives of the

redevelopment plan, including:

(A) Any project implemented in the preceding

fiscal year.

(B) A description of the redevelopment activities

undertaken.

(C) A description of any agreements entered into by

the municipality with regard to the disposition or

redevelopment of any property within the redevelopment

project area.

(D) Additional information on the use of all funds

received under this Division and steps taken by the

municipality to achieve the objectives of the

redevelopment plan.

(E) Information regarding contracts that the

municipality's tax increment advisors or consultants

have entered into with entities or persons that have

received, or are receiving, payments financed by tax

increment revenues produced by the same redevelopment

project area.

(F) Any reports submitted to the municipality by

the joint review board.

(G) A review of public and, to the extent possible,

private investment actually undertaken to date after

the effective date of this amendatory Act of the 91st

General Assembly and estimated to be undertaken during

the following year. This review shall, on a

project-by-project basis, set forth the estimated

amounts of public and private investment incurred

after the effective date of this amendatory Act of the

91st General Assembly and provide the ratio of private

investment to public investment to the date of the

report and as estimated to the completion of the

redevelopment project.

(8) With regard to any obligations issued by the

municipality:

(A) copies of any official statements; and

(B) an analysis prepared by financial advisor or

underwriter setting forth: (i) nature and term of

obligation; and (ii) projected debt service including

required reserves and debt coverage.

(9) For special tax allocation funds that have received

cumulative deposits of incremental tax revenues of

$100,000 or more, a certified audit report reviewing

compliance with this Act performed by an independent public

accountant certified and licensed by the authority of the

State of Illinois. The financial portion of the audit must

be conducted in accordance with Standards for Audits of

Governmental Organizations, Programs, Activities, and

Functions adopted by the Comptroller General of the United

States (1981), as amended, or the standards specified by

Section 8-8-5 of the Illinois Municipal Auditing Law of the

Illinois Municipal Code. The audit report shall contain a

letter from the independent certified public accountant

indicating compliance or noncompliance with the

requirements of subsection (o) of Section 11-74.6-10.

(e) The joint review board shall meet annually 180 days

after the close of the municipal fiscal year or as soon as the

redevelopment project audit for that fiscal year becomes

available to review the effectiveness and status of the

redevelopment project area up to that date.

(Source: P.A. 97-146, eff. 1-1-12; 98-922, eff. 8-15-14.)

Section 10. The Eminent Domain Act is amended by changing

Section 10-5-65 as follows:

(735 ILCS 30/10-5-65) (was 735 ILCS 5/7-122)

Sec. 10-5-65. Reimbursement; inverse condemnation.

(a) Except as provided in subsection (b), when When the

condemning authority is required by a court to initiate

condemnation proceedings for the actual physical taking of real

property, the court rendering judgment for the property owner

and awarding just compensation for the taking shall determine

and award or allow to the property owner, as part of that

judgment or award, further sums as will, in the opinion of the

court, reimburse the property owner for the owner's reasonable

costs, disbursements, and expenses, including reasonable

attorney, appraisal, and engineering fees actually incurred by

the property owner in those proceedings.

(b) When the condemning authority is required to initiate

condemnation proceedings of property impacted directly or

indirectly by the Chicago Transit Authority Red-Purple

Modernization Project, the court rendering judgment for the

property owner and awarding just compensation for the taking

shall determine and award or allow to the property owner, as

part of that judgment or award, further sums as will, in the

opinion of the court, reimburse the property owner for the

owner's reasonable costs, disbursements, diminution, and

expenses, including reasonable attorney, appraisal, and

engineering fees actually incurred by the property owner in

those proceedings.

(Source: P.A. 94-1055, eff. 1-1-07.)

Section 99. Effective date. This Act takes effect upon

becoming law.