Full Text of SB3402 97th General Assembly
SB3402 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3402 Introduced 2/7/2012, by Sen. Carole Pankau SYNOPSIS AS INTRODUCED: |
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Creates the Technology Development District Act. Defines terms. Provides that a municipality may, by ordinance, establish a technology development district. Sets forth requirements concerning the development plan, notices, public meetings, and financing of development projects. Sets forth the powers of a municipality concerning the creation of a technology development district.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Technology Development District Act. | 6 | | Section 3. Purpose. In order to better utilize community | 7 | | resources, including those of schools and libraries, | 8 | | municipalities may develop Technology Development Districts. | 9 | | These districts would aid in the redevelopment of older | 10 | | communities that use antiquated technology infrastructure, | 11 | | educational development, and make communities more competitive | 12 | | and technologically inviting. | 13 | | The use of tax revenues derived from the tax rates of | 14 | | various taxing districts in development project areas for the | 15 | | payment of development project costs is of benefit to said | 16 | | taxing districts, all surplus tax revenues are turned over to | 17 | | the taxing districts in development project areas, and all said | 18 | | districts benefit from the development of technology | 19 | | infrastructure.
| 20 | | Section 5. Definitions. | 21 | | "Development district" means a technology development | 22 | | district. |
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| 1 | | "Development plan" means a development plan required for | 2 | | the creation of a technology development district pursuant to | 3 | | Section 10 of this Act. | 4 | | "Development project" means any public or private | 5 | | development project in furtherance of the objectives of a | 6 | | development plan. | 7 | | "Development project area" means an area designated by the | 8 | | municipality for a development project. | 9 | | "Development project costs" means and includes the sum | 10 | | total of all reasonable or necessary costs incurred or | 11 | | estimated to be incurred, and any costs incidental to a | 12 | | development plan and a development project. | 13 | | "Municipality" means a city, village, or township. | 14 | | "Obligations" mean bonds, loans, debentures, notes, | 15 | | special certificates, or other evidence of indebtedness issued | 16 | | by the municipality to carry out a development project or to | 17 | | refund outstanding obligations. | 18 | | "Services" means any improvements and facilities provided | 19 | | for in the development plan of a development district as | 20 | | approved by the corporate authorities of a municipality, | 21 | | including both on-site improvements and off-site improvements | 22 | | that directly or indirectly benefit the development district, | 23 | | and necessary or incidental work, whether newly constructed, | 24 | | renovated, or existing. "Services" includes electrical and | 25 | | energy generation facilities and upgrades, high-speed cable or | 26 | | other telecommunications lines and related equipment, |
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| 1 | | including fiber optic transmission facilities designed to | 2 | | carry communication signals such as voice, data, and video, | 3 | | inspection, construction management and program management | 4 | | costs,
high-tech manufacturing facilities, community outreach | 5 | | programs and facilities, educational equipment, and technology | 6 | | parks. | 7 | | Section 10. Creation of technology development district. A | 8 | | municipality may, by ordinance, establish a technology | 9 | | development district. The district may be entirely within, or | 10 | | partly within and partly without, one or more municipalities, | 11 | | and a development district may consist of noncontiguous tracts | 12 | | or parcels of property within 3 miles of each other.
The | 13 | | municipality shall submit a development plan that shall be | 14 | | available for public viewing. | 15 | | (a) The development plan for a district shall include: | 16 | | (1) a description of the proposed services;
| 17 | | (2) a financial plan showing how the proposed services | 18 | | are to be financed, including the proposed operating | 19 | | revenue derived from property taxes for the first fiscal | 20 | | year of the proposed development district;
| 21 | | (3) a schedule of the proposed indebtedness for the | 22 | | proposed development district indicating the year or years | 23 | | in which the debt is scheduled to be issued;
| 24 | | (4) a preliminary engineering or architectural survey | 25 | | showing how the proposed services are to be provided;
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| 1 | | (5) a map of the proposed development district | 2 | | boundaries and an estimate of the population and valuation | 3 | | for assessment of the proposed development district;
| 4 | | (6) a general description of the facilities to be | 5 | | constructed and the standards of the construction, | 6 | | including a statement of how the facility and service | 7 | | standards of the proposed development district are | 8 | | compatible with the facility and service standards of any | 9 | | municipality within the zoning jurisdiction where all or | 10 | | any portion of the proposed development district is to be | 11 | | located;
| 12 | | (7) a general description of the estimated cost of | 13 | | acquiring any land, engineering services, legal services, | 14 | | administrative services, initial proposed indebtedness and | 15 | | estimated proposed maximum interest rates and discounts, | 16 | | and other major expenses related to the organization and | 17 | | initial operation of the proposed development district;
| 18 | | (8) a description of any arrangement or proposed | 19 | | agreement with any political subdivision for the | 20 | | performance of any services between the proposed | 21 | | development district and the other political subdivision, | 22 | | including, if the form contract to be used is available, a | 23 | | copy of the contract;
and | 24 | | (9) any additional information as the corporate | 25 | | authorities of the municipality may find necessary.
| 26 | | (b) A municipality may: |
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| 1 | | (1) install, repair, construct, reconstruct, or | 2 | | relocate streets, utilities, and site improvements | 3 | | essential to the preparation of the development area for | 4 | | use in accordance with a development plan; | 5 | | (2) accept grants, guarantees, and donations of | 6 | | property, labor, or other things of value from a public or | 7 | | private source for use within a project development area; | 8 | | (3) incur project development costs and reimburse | 9 | | developers who incur development project costs authorized | 10 | | by a development agreement; provided, however, that no | 11 | | municipality shall incur development project costs that | 12 | | are not consistent with the program for accomplishing the | 13 | | objectives of the development plan; | 14 | | (4) jointly undertake and perform development plans | 15 | | and projects wherever they have contiguous development | 16 | | project areas that includes contiguous real property | 17 | | within the boundaries of the municipalities, and in doing | 18 | | so, they may, by agreement between municipalities, issue | 19 | | obligations, separately or jointly, and expend revenues | 20 | | received under the Act for eligible expenses anywhere | 21 | | within contiguous development project areas; and | 22 | | (5) issue bonds, provided that the bonds amount to no | 23 | | more than 50% of the annual revenue received from the | 24 | | development district. | 25 | | Section 15. Notice and meeting. |
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| 1 | | (a) After receiving a development plan, the corporate | 2 | | authorities shall set a date within 90 days for a public | 3 | | hearing on the development plan of the proposed development | 4 | | district. The corporate authorities shall provide written | 5 | | notice of the date, time, and location of the hearing to each | 6 | | resident or property owner of record within the boundaries of | 7 | | the development district and the governing body of any existing | 8 | | county, municipality, school district or other political | 9 | | subdivision that has levied an ad valorem tax within the next | 10 | | preceding tax year and that has boundaries within a radius of 3 | 11 | | miles of the proposed development district boundaries. Notice | 12 | | shall also be given to any person who has requested that notice | 13 | | be given for any development plan filed pursuant to this Act. | 14 | | The corporate authorities shall make publication of the date, | 15 | | time, location and purpose of the hearing, the first of which | 16 | | shall be at least 20 days before the hearing date. The notice | 17 | | shall also include:
(i) a general description of the land | 18 | | contained within the boundaries of the proposed development | 19 | | district,
(ii) information outlining methods and procedures | 20 | | for excluding territory from the proposed development | 21 | | district, and
(iii) places, including web sites, where | 22 | | interested persons may obtain a copy of the development plan.
| 23 | | (b) Not more than 30 days nor less than 20 days before the | 24 | | hearing held pursuant to this Section, the petitioners for the | 25 | | organization of the proposed development district shall send | 26 | | notification by certified mail of the hearing to the property |
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| 1 | | owners within the proposed development district as listed on | 2 | | the records of the county clerk on the date requested unless | 3 | | the petitioners represent 100% of the property owners. The | 4 | | notification shall indicate that it is a notice of a hearing | 5 | | for the organization of an development district and shall | 6 | | indicate the date, time, location and purpose of the hearing, | 7 | | and a general description of the type of services that are | 8 | | included in the development plan. The mailing of the | 9 | | notification by certified mail to all addresses within the | 10 | | proposed development district shall constitute a good-faith | 11 | | effort to comply with this subsection, and failure to notify | 12 | | all property owners by certified mail shall not provide grounds | 13 | | for a challenge to the hearing being held.
| 14 | | (c) The hearing held by the governing body shall be open to | 15 | | the public, and a record of the proceedings shall be made at | 16 | | the expense of the petitioners. All interested parties shall be | 17 | | afforded an opportunity to be heard under applicable rules of | 18 | | procedure as may be established by the corporate authorities. | 19 | | Any testimony or evidence that in the discretion of the | 20 | | governing body is relevant to the organization of the proposed | 21 | | development district shall be considered.
| 22 | | (d) After a municipality has by ordinance approved a | 23 | | development plan and designated a development project area, the | 24 | | plan may be amended and additional properties may be added to | 25 | | the development project area. The municipality shall give | 26 | | notice and hold a hearing, as provided in this Section, prior |
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| 1 | | to amending a plan. | 2 | | (e) Beginning in fiscal year 2013 and in each fiscal year | 3 | | thereafter, a municipality must detail in its annual budget (i) | 4 | | the revenues generated from development project areas by source | 5 | | and (ii) the expenditures made by the municipality for | 6 | | development project areas. | 7 | | Section 30. Revenue. | 8 | | The projects to be constructed or acquired as shown in the | 9 | | development plan may be financed from the following sources of | 10 | | revenue:
| 11 | | (1) proceeds received from the sale of bonds of the | 12 | | development district;
| 13 | | (2) money of the municipality or county contributed to | 14 | | the development district;
| 15 | | (3) annual property taxes or special assessments;
| 16 | | (4) state or federal grants or contributions;
| 17 | | (5) private contributions;
| 18 | | (6) user, landowner and other fees, tolls and charges;
| 19 | | (7) proceeds of loans or advances; and
| 20 | | (8) any other money available to the development | 21 | | district by law.
| 22 | | No revenues from one Technology Development District may be | 23 | | transferred to another District.
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