(65 ILCS 5/11-68-4) (from Ch. 24, par. 11-68-4)
Sec. 11-68-4.
The board of stadium and athletic field commissioners elected
pursuant to the provisions of this Division 68 shall:
(1) select a suitable site of not more than 10 acres in area, within or
without the city, for a stadium and athletic field for the city;
(2) acquire title to the site so selected by accepting a donation or
legacy or by purchase or condemnation under the eminent domain
laws of this
State;
(3) erect a stadium on the site so selected and lay it out as an
athletic field for the use of the public;
(4) maintain, manage, and control the stadium and athletic field and
make and enforce proper rules and regulations for its beneficial use.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-68-5) (from Ch. 24, par. 11-68-5)
Sec. 11-68-5.
Bonds of a city for raising funds to acquire or to improve
or to acquire and improve a stadium and athletic field may be issued in the
following manner:
Whenever 100 or more electors of any specified city, which has elected a
board of stadium and athletic field commissioners, file a written petition
in the office of the city clerk, asking that the proposition be submitted
to authorize the issuance of bonds for the purpose of providing for the
acquiring or improving or acquiring and improving of a stadium and athletic
field for the city, and the petition designates the amount of bonds
proposed to be issued, the city clerk shall certify the question of issuing
bonds for that purpose, to the amount named in the petition for submission
at an election in accordance with the general election law. The notice of
the referendum shall state the amount of bonds proposed to be issued.
The proposition shall be in substantially the following form:
Shall stadium and athletic field bonds of the city of YES .... be issued to the amount of $.... for the purpose of
acquiring (or improving, or acquiring and improving) a NO stadium and athletic field?
If a majority of the votes cast upon this proposition are in favor of
the issuance of the bonds, the stadium and athletic field commissioners
of the city shall issue bonds of the city, not exceeding the amount
voted upon at this election. The bonds shall mature not more than 20
years after the date of their issuance and shall be in denominations of
$100 or any multiple thereof, and shall bear interest, evidenced by
coupons, at a rate not exceeding the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable semi-annually, as shall be determined by the board of stadium and
athletic field commissioners. These bonds shall be sold at not less than
par and the proceeds thereof used solely for the purpose of acquiring or
improving a stadium and athletic field for the city.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4 .)
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(65 ILCS 5/11-68-6) (from Ch. 24, par. 11-68-6)
Sec. 11-68-6.
For the purpose of providing a fund for the maintenance and
development of the stadium and athletic field and for the purpose of
retiring stadium and athletic field bonds, the board of stadium and
athletic field commissioners of any city have the power to levy an
annual tax of not more than .075% of the value, as equalized or assessed
by the Department of Revenue, of the taxable property
of the city, which shall be levied and collected at the time and in the
manner that other taxes are required to be levied and collected. This
tax, when levied and collected, shall be used to retire stadium and
athletic field bonds and shall be applied to the expenses of maintenance
and development of any stadium and athletic field theretofore acquired
by the city.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-68-7) (from Ch. 24, par. 11-68-7)
Sec. 11-68-7.
Any stadium and athletic field which was acquired by such a
city and which, immediately prior to January 1, 1942, was being maintained
under "An Act to authorize the establishment and maintenance of stadium and
athletic fields in cities, having a population of more than thirty
thousand, the corporate limits of which coincide with the township limits
in which said cities are located," approved June 27, 1921, as amended,
shall be treated as if acquired under this Division 68 and may be continued
to be maintained under this Division 68.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 69 heading) DIVISION 69.
JOINT OWNERSHIP OF MUNICIPAL
BUILDINGS
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(65 ILCS 5/11-69-1) (from Ch. 24, par. 11-69-1)
Sec. 11-69-1.
Whenever the territories of any 2 or more municipalities in
the State of Illinois comprise the same or partly the same territory, the
municipalities concerned have the power jointly to purchase land and to
construct buildings and all necessary appurtenances within their common
corporate limits, and to own, operate, and maintain the land and buildings
jointly with one another, for their joint municipal purposes, on terms and
conditions to be agreed upon by the municipalities. Such municipalities
have the power to exercise the right of eminent domain by condemnation
proceedings in conformity with the provisions of the constitution and
statutes of the state for the acquirement of property, advantageous or
desirable for joint municipal purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-69-2) (from Ch. 24, par. 11-69-2)
Sec. 11-69-2.
The purpose of Section 11-69-1 is for the benefit of
municipalities with common territory and whose building needs can be most
efficiently and economically handled by joint buildings for the several
municipalities. Section 11-69-1 shall be liberally construed to give effect
to these purposes.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 70 heading) DIVISION 70.
TAX FOR RESTORATION OF PUBLIC
BUILDINGS DAMAGED BY STORM OR FIRE
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(65 ILCS 5/11-70-1) (from Ch. 24, par. 11-70-1)
Sec. 11-70-1.
In any municipality, whether incorporated under general
law or special charter, in which the municipal hall, or any municipal
jail or police station, fire department house, or public library is
destroyed or seriously impaired by storm or fire, the corporate
authorities, in order to rebuild or restore any such building, thus
destroyed or seriously impaired, may levy an annual tax for not
exceeding 10 successive years of not exceeding .08333% of the value, as
equalized or assessed by the Department of Revenue, on
all of the taxable property in the municipality. This tax shall be
levied and collected in the same manner as the general taxes of that
municipality and shall be known as the public building restoration fund
tax. This tax shall not be included in the aggregate amount of taxes as
limited by Section 8-3-1, or by any provision of any special charter
under which such a municipality is now operating.
The foregoing limitation upon tax rates in municipalities of less
than 1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-70-2) (from Ch. 24, par. 11-70-2)
Sec. 11-70-2.
Whenever the corporate authorities of any municipality
designated in Section 11-70-1 decides to rebuild or restore any of the
specified buildings, it shall make provision therefor by an ordinance. This
ordinance shall also state the number of years, not exceeding 10, that this
annual public building restoration fund tax shall be levied, and the per
cent, not exceeding .08333 on all of the taxable property in the
municipality. This tax shall be included in the annual appropriation and
tax levy ordinances of such a municipality for the years that it can be
levied under the provisions of this section and Section 11-70-1.
The foregoing limitation upon tax rates in municipalities of less than
1,000,000 population may be increased or decreased according to the
referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 76-1236.)
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(65 ILCS 5/11-70-3) (from Ch. 24, par. 11-70-3)
Sec. 11-70-3.
All money received from this public building restoration fund
tax shall be deposited in the municipal treasury to the credit of that
fund. All money so received shall be kept separate and apart from other
money of the municipality, and shall not be used or paid out for any other
purpose than that of paying the cost of rebuilding or restoring the
specified public buildings destroyed or seriously impaired by storm or
fire, until all of the costs have been discharged. If the money so received
can not be used annually to pay the cost but accumulates, the corporate
authorities may invest this money in good interest-paying securities, until
the money is needed for the payment of the costs of the rebuilding or
restoration.
(Source: Laws 1965, p. 2685.)
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(65 ILCS 5/Art 11 prec Div 71 heading)
PARKING FACILITIES
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(65 ILCS 5/Art. 11 Div. 71 heading) DIVISION 71.
OFF-STREET PARKING
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(65 ILCS 5/11-71-1) (from Ch. 24, par. 11-71-1)
Sec. 11-71-1. Any municipality is hereby authorized to:
(a) Acquire by purchase or otherwise, own, construct, | ||
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(b) Maintain, improve, extend and operate any such | ||
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(c) Enter into contracts dealing in any manner with | ||
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(d) Acquire sites, buildings and facilities by gift, | ||
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(e) Finance the acquisition, construction, | ||
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(f) Borrow money and issue and sell revenue bonds in | ||
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If any part of the financing of the acquisition and/or construction of
such parking facilities is done by means of special assessments or special
taxation, the provisions of Division 2 of Article 9 of this Code shall be
followed with respect to the special assessments or special taxation for
such purpose.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-71-2) (from Ch. 24, par. 11-71-2)
Sec. 11-71-2.
All bonds issued under authority of this Division 71 shall
bear interest at not more than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, or (ii) 8% per annum and may be sold by the
corporate authorities in such manner as they deem best in the public
interest. However, such bonds shall be sold at such price that the interest
cost of the proceeds therefrom will not exceed the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum, based on the
average maturity of such bonds, and computed according to standard tables
of bond values. Such bonds shall be payable solely and only from the
revenues to be derived from the operation of any or all of its parking
facilities and shall be secured by a pledge of the revenues of any or all
of its parking facilities, except as otherwise provided in paragraph (c) of
Section 11-71-1.
Such bonds when issued shall have all the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code. Such
bonds may bear such date or dates and may mature at such time or times, not
exceeding 30 years from their date or dates, and may be in such form, carry
such registration privilege, may be payable at such place or places, may be
subject to such terms of redemption, prior to maturity, with or without
premium, as so stated on the face of the bond, and contain such terms and
covenants, all as may be provided by ordinance authorizing the issuance of
such bonds. Such bonds shall be executed by such officers as the corporate
authorities shall designate in the ordinance. Any bonds bearing the
signatures of officers in office at the date of signing thereof shall be
valid and binding for all purposes, notwithstanding that before delivery
thereof any or all such persons whose signatures appear thereon shall cease
to be such officers.
Each such bond shall state upon its face that it is payable solely and
only from the proceeds derived from the operation of the parking facility
or facilities, except as otherwise provided in paragraph (c) of Section
11-71-1, and shall state upon its face that it does not constitute an
obligation of the municipality within the meaning of any constitutional or
statutory limitation or provision.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-71-3) (from Ch. 24, par. 11-71-3)
Sec. 11-71-3.
The corporate authorities of any such municipality availing
of the provisions of this Division 71, other than that concerning
advertising on parking meters, shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor, which shall be placed on file in the office of the clerk of such
municipality, and which shall be open for the inspection of the public.
Such ordinance shall state the estimated cost of such project, and the
method or methods of financing such project and the amount or proportion of
cost of such project to be financed by each of such methods. If part or all
of such project is to be financed by means of revenue bonds, the ordinance
also shall fix the amount of the revenue bonds proposed to be issued, the
maturity or maturities, the interest rate, and all details in respect
thereof and shall contain such covenants and restrictions as may be deemed
necessary or advisable by the corporate authorities. Without limiting the
generality of the foregoing, such ordinance shall contain such provisions
as may be determined by the corporate authorities as to:
(a) The issuance of additional revenue bonds that may thereafter be
issued payable from the revenues derived from the operation of any such
parking facilities and for the payment of the principal and interest upon
such bonds;
(b) The regulation as to the use of any such parking facilities to
assure the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues to be derived from the project;
(d) Operation, maintenance, management, accounting and auditing, and the
keeping of records, reports and audits of any such parking facilities;
(e) The obligation of the municipality to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other provisions as may be deemed necessary or desirable to
assure a successful and profitable operation of the project and prompt
payment of principal of and interest upon any revenue bonds so authorized.
If any part of such project is to be financed by means of special
assessments or special taxation, any ordinances or other procedures
required under Division 2 of Article 9 of this Code shall be adopted and
followed.
After the ordinance has been adopted and approved, it shall be published
once in a newspaper published and having general circulation in such
municipality, or if there be no such newspaper published in such
municipality, then the ordinance should be posted in at least 5 of the most
public places in such municipality, and shall become effective 10 days
after publication or posting thereof.
(Source: Laws 1963, p. 2256.)
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(65 ILCS 5/11-71-4) (from Ch. 24, par. 11-71-4)
Sec. 11-71-4.
Whenever bonds are issued as provided by this Division 71, it
shall be the duty of the corporate authorities to establish charges and
fees for the use of any such parking facilities sufficient at all times to
pay maintenance and operation costs, and principal of and interest upon
such bonds, and all revenues derived from the operation thereof shall be
set aside as a separate fund and account and used only as hereinafter
provided, except as otherwise provided in paragraph (c) of Section 11-71-1.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-5) (from Ch. 24, par. 11-71-5)
Sec. 11-71-5.
Whenever revenue bonds are issued under this Division 71, the
revenues derived from the operation of the project, except as otherwise
provided in paragraph (c) of Section 11-71-1, shall be set aside as
collected and be deposited in a separate fund, separate and apart from all
other funds of such municipality, and be used in paying the cost of
maintenance and operation, paying the principal of and interest upon the
bonds of such municipality, issued under this Division 71, and for the
transfer of any surplus amounts annually to the general corporate fund of
any such municipality only when and in the manner permitted and authorized
in accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any such bonds under the provisions of this
Division 71.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-6) (from Ch. 24, par. 11-71-6)
Sec. 11-71-6.
The provisions of this Division 71 and of any ordinance or
other proceeding authorizing the issuance of bonds under this Division 71
shall constitute a contract with the holders of such bonds, and any holder
of a bond or bonds, or any of the coupons of any bond or bonds of such
municipality, issued under this Division 71, may either by an ordinary civil
action, mandamus, injunction or other proceeding, enforce and compel
the performance of all duties required by this Division 71, including the
making and collecting of sufficient charges and fees for service and use
thereof, and the application of income and revenue thereof.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-71-7) (from Ch. 24, par. 11-71-7)
Sec. 11-71-7.
The corporate authorities of any municipality are hereby
granted authority to make all reasonable rules and regulations not in
conflict with the laws of this state or the ordinances of such municipality
regarding the management and control and use of any such parking facility
or facilities.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-8) (from Ch. 24, par. 11-71-8)
Sec. 11-71-8.
The corporate authorities of any such municipality availing
of the provisions of this Division 71 are hereby given the authority to
lease all or any part of any such parking facilities, and to fix and
collect the rentals therefor, and to fix, charge and collect rentals, fees
and charges to be paid for the use of the whole or any part of any such
parking facilities, and to make contracts for the operation and management
of the same, and to provide for the use, management and operation of such
lots through lease or by its own employees, or otherwise. However, other
than for surface parking lots, no lease for the operation or management of
any such parking facilities shall be made for more than one year except to
the highest and best bidder after notice requesting bids shall have been
given by at least one publication in some newspaper of general circulation
published in such municipality, such publication to be made once each week
for at least 2 weeks before the date of receiving bids therefor. All income
and revenue derived from any such lease or contract shall be deposited in a
separate account and used solely and only for the purpose of maintaining
and operating the project, and paying the principal of and interest on any
revenue bonds issued pursuant to ordinance under the provisions of this
Division 71. Further any contract or obligation involving the borrowing of
money for such purposes, incurred by any such municipality in the
maintenance and operation of any such parking facilities shall be payable
solely and only from the revenues derived from the operation of the
project.
(Source: Laws 1963, p. 2256.)
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(65 ILCS 5/11-71-9) (from Ch. 24, par. 11-71-9)
Sec. 11-71-9.
Except as otherwise provided in paragraph (c) of Section
11-71-1, this Division 71 shall not be construed as authorizing any
municipality to engage in any proprietary activity at or with any such
parking facilities other than the parking of motor vehicles.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-71-10) (from Ch. 24, par. 11-71-10)
Sec. 11-71-10. In addition to the other powers granted in this Division,
the corporate authorities may lease the space over any municipally owned
parking lot to any person, firm or corporation if the corporate authorities
first determine by resolution that such lease is in the best public
interest and stating the reasons therefor. Such lease shall be granted by
an ordinance and shall not exceed 99 years in length.
The lease shall specify the purpose for which the leased space may be
used. If the purpose is to erect in the space a building or other structure
attached to the lot, the lease shall contain a reasonably accurate
description of the building to be erected and of the manner in which it
shall be imposed upon or around the lot. In such case, the lease shall
provide for use by the lessee of such areas of the surface of such lot as
may be essential for the support of the building or other structure to be
erected as well as for the connection of essential public or private
utilities to such building or structure.
Any building erected in the space leased shall be operated, as far as is
practicable, separately from the parking lot owned by the municipality.
Such lease shall be signed in the name of the municipality by the mayor
or president and shall be attested by the municipal clerk under the
corporate seal. The lease shall also be executed by the lessee in such
manner as may be necessary to bind him. After being so executed, the lease
shall be duly acknowledged and thereupon shall be recorded in the office of
the recorder of the county in which is located the land involved
in the lease.
If, in the judgment of the corporate authorities, the public interest
requires that any building erected in the leased space be removed so that a
street, alley, or public place may be restored to its original condition,
the lessor municipality may condemn the lessee's interest in the leased
space by proceeding in the manner provided
for the exercise of the right
of eminent domain under the Eminent Domain Act. After
payment of such damages as may be fixed in the
condemnation proceedings, the municipality may remove all buildings or
other structures from the leased space and restore the buildings adjoining
the leased space to their original condition.
Any building or other structure erected above a municipally owned
parking lot shall be subject to all property taxes levied on private
property within the same taxing authorities unless such building or
structure is wholly owned by the municipality and wholly used for
governmental purposes.
No provision of this section shall be construed to abrogate or vary the
terms of any mortgage in effect upon the effective date of this amendatory
act of 1961 relative to the use of any such parking lot.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-71-11) (from Ch. 24, par. 11-71-11)
Sec. 11-71-11.
This Division 71 shall not be construed as authorizing any
municipality having a population of 500,000 or more inhabitants to make any
expenditure under this Division 71 except from revenue bonds as above
provided or from revenues derived from the operation of parking facilities.
(Source: Laws 1965, p. 3387 .)
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(65 ILCS 5/11-71-12) (from Ch. 24, par. 11-71-12)
Sec. 11-71-12.
In addition to the other powers granted under this
Division 71, the corporate authorities of any municipality may, by
ordinance, provide for the issuance of its general obligation bonds for
the purpose of acquiring, constructing, equipping, and improving motor
vehicle parking lots or garages constructed on, above or below ground
level or at all such levels, public off-street parking facilities for
motor vehicles and other parking facilities necessary or incidental to
the regulation, control and parking of motor vehicles. Such facilities
may be constructed or located in other public buildings or structures.
Such bonds may be used to finance in whole or in part such improvements.
Bonds issued pursuant to this Section must be payable within 20 years
and the interest on such bonds may not exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract. The interest may be made payable at such times (annually or
semi-annually) as the ordinance prescribes. Before or at the time of issuance
of bonds under this Section, the corporate authorities of the
municipality shall provide, by ordinance, for the levy and collection of
a direct annual tax upon all the taxable property within the
municipality in an amount sufficient to meet the principal and interest
of the bonds as they mature, which tax shall be in addition to that
otherwise authorized to be levied and collected for corporate purposes.
The corporate authorities of the municipality, in determining the costs
of such improvements, may include the estimated costs of issuance of
such bonds, engineering, inspection, fiscal and legal expenses, and
interest which it estimates will accrue during construction period and
for 6 months thereafter on money that is borrowed or money that is
estimated will be borrowed.
No bonds may be issued or tax levied under this Section until the
question whether such bonds should be issued and such tax levied has
been certified by the municipal clerk and submitted to the qualified
electors of the municipality at an election in accordance with the general
election law and unless a majority of those voting on the proposition
approve the issuance of bonds and levy of tax. When providing by ordinance
for the bond issue and tax levy, the corporate authorities of the
municipality shall also order the submission of the question to the electors.
If the proposition for issuance of bonds under this Section has been
approved, such bonds shall be issued in accordance with Division 4 of
Article 8 of this Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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(65 ILCS 5/Art 11 prec Div 72 heading)
TREES AND FORESTRY
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(65 ILCS 5/Art. 11 Div. 72 heading) DIVISION 72.
PLANTING OF TREES
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(65 ILCS 5/11-72-1) (from Ch. 24, par. 11-72-1)
Sec. 11-72-1.
The corporate authorities of each municipality may plant
trees upon the streets and other municipal property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 73 heading) DIVISION 73.
FORESTRY PROGRAM AND TAX
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(65 ILCS 5/11-73-1) (from Ch. 24, par. 11-73-1)
Sec. 11-73-1.
The corporate authorities of any municipality may levy, annually, a
tax of not to exceed .05% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property therein,
for the current year, to provide for the establishment and maintenance
of a long term forestry program for the propagation and preservation of
community trees and for the removal of dead or diseased trees in the
municipality. This tax shall be in addition to all taxes authorized by
law to be levied and collected in the municipality and shall be in
addition to the amount authorized to be levied for general purposes as
provided by Section 8-3-1.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-73-2) (from Ch. 24, par. 11-73-2)
Sec. 11-73-2.
This Division 73 shall not be in force in any municipality
until the question of its adoption is submitted to the electors of the
municipality and approved by a majority of those voting on the question. The
municipal clerk shall certify the question to the proper election authority
shall submit the question at an election in accordance with the
general election law.
The question shall be in substantially the following form:
Shall Division 73 of the Illinois Municipal Code permitting municipalities to levy an additional YES annual tax of not to exceed 0.05% for the establishment and maintenance
of a long term forestry program for the propagation and preservation NO of community trees and for the removal of dead or diseased trees be adopted?
If a majority of the votes cast on the question are in favor of adopting
this Division 73, the Division is adopted. It shall be in force in the
adopting municipality for the purpose of the fiscal years succeeding the
year in which the election is held.
(Source: P.A. 92-651, eff. 7-11-02 .)
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(65 ILCS 5/Art. 11 Div. 73.1 heading) DIVISION 73.1.
MUNICIPAL AND JOINT MUNICIPAL TREE PLANTING PROGRAMS
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(65 ILCS 5/11-73.1-1) (from Ch. 24, par. 11-73.1-1)
Sec. 11-73.1-1.
The following terms whenever used or referred to in
this Division shall have the following meanings unless the context requires otherwise:
(1) "Governing body" means, with respect to a municipality, the council,
city council, board of trustees, or other corporate authority of the municipality
which exercises the general governmental powers of such municipality.
(2) "Municipality" means a city, village or incorporated town in the State
of Illinois which establishes a municipal tree planting program.
(3) "Long-term contract" means an agreement with a duration of 10 years or less.
(4) "Municipal tree planting program" means a plan established by
a municipality which provides for the planting of trees
on property located within the municipality.
(Source: P.A. 83-1466.)
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(65 ILCS 5/11-73.1-2) (from Ch. 24, par. 11-73.1-2)
Sec. 11-73.1-2.
Municipal tree planting programs.
Any municipality may
by ordinance establish a tree planting program. Any municipality or any
2 or more municipalities, contiguous or noncontiguous, may by ordinance adopted
by the governing body of each municipality enter into long term contracts
with a vendor of trees for the purchase and delivery of such trees as may
be necessary and appropriate for, and consistent with, an established tree
planting program.
(Source: P.A. 83-1466.)
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(65 ILCS 5/11-73.1-3) (from Ch. 24, par. 11-73.1-3)
Sec. 11-73.1-3.
Each municipality shall have full power and authority,
subject to the provisions of its charter and laws regarding local finance,
to appropriate money for the payment of expenses related to a tree planting program.
(Source: P.A. 83-1466.)
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(65 ILCS 5/11-73.1-4) (from Ch. 24, par. 11-73.1-4)
Sec. 11-73.1-4.
A municipality may perform any act authorized by this
Division through, or by means of, its officers, agents or employees or by
contract with others, including, without limitation, the employment of engineers,
landscapers, attorneys and other such consultants as may be required in the
judgment of the governing body of the municipality.
(Source: P.A. 84-946.)
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(65 ILCS 5/Art 11 prec Div 74 heading)
PROCUREMENT OF INDUSTRIAL BUILDINGS
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(65 ILCS 5/Art. 11 Div. 74 heading) DIVISION 74.
INDUSTRIAL PROJECT
REVENUE BOND ACT
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(65 ILCS 5/11-74-1) (from Ch. 24, par. 11-74-1)
Sec. 11-74-1.
This Division 74 may be cited as "The Industrial Project Revenue Bond
Act".
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
Sec. 11-74-2.
Whenever used in this Division 74, unless a different
meaning clearly appears from the context:
(1) "Industrial project" means any: (a) capital project, including one or
more buildings and other structures, improvements, machinery and equipment
whether or not on the same site or sites now existing or hereafter
acquired, suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise, including but not limited to use
as a factory, mill, processing plant, assembly plant, packaging plant,
fabricating plant, office building, industrial distribution center,
warehouse, repair, overhaul or service facility, freight terminal, research
facility, test facility, railroad facility, or commercial facility, and
including also the sites thereof and other rights in land therefor whether
improved or unimproved, site preparation and landscaping, and all
appurtenances and facilities incidental thereto such as utilities, access
roads, railroad sidings, truck docking and similar facilities, parking
facilities, dockage, wharfage, and other improvements necessary or
convenient thereto; (b) land, buildings, machinery or equipment
comprising an addition to or renovation, rehabilitation or improvement of
any existing capital project; (c) construction, remodeling or conversion
of a structure to be leased to the Illinois Department of Corrections for
the purposes of its serving as a correctional institution or facility
pursuant to paragraph (c) of Section 3-2-2 of the Unified Code of
Corrections; (d) construction, remodeling or conversion of a structure
to be leased to the Department of Central Management Services for the
purpose of serving as a State facility pursuant to Section 405-320
of the
Department of Central Management Services Law; or (e) use or disposal of surplus real estate owned by the municipality.
(2) "Municipality" includes any city, village or incorporated town in this
State.
(Source: P.A. 102-239, eff. 8-3-21.)
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(65 ILCS 5/11-74-3) (from Ch. 24, par. 11-74-3)
Sec. 11-74-3.
It is hereby determined and declared that the purpose of this
Division 74 is to relieve conditions of unemployment, to maintain existing
levels of employment, to aid in the
rehabilitation of returning veterans, and to encourage the increase of
industry and commerce within this State, thereby reducing the evils attendant upon
unemployment, to increase the tax base of the various municipalities of
this State and to permit municipalities in this State to take as much advantage
of the provisions of Section 103 of the United States Internal Revenue Code
as is possible, which are all declared and determined to be public purposes
and for the public safety, benefit and welfare of the residents of this State.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74-4) (from Ch. 24, par. 11-74-4)
Sec. 11-74-4.
In addition to powers which it may now have, any
municipality has the power under this Division 74:
(1) To construct, acquire by gift, lease or purchase, reconstruct,
improve, better or extend, or to finance the construction, acquisition,
reconstruction, improvement, betterment, or extension of any industrial
project within or without the municipality or partially within or partially
without the municipality, but in no event further than 10 miles from the
territorial boundaries of such municipality, and to acquire by gift, lease
or purchase lands or rights in land in connection therewith.
(2) To issue its bonds to finance in whole or in part the cost of
the acquisition, purchase, construction, reconstruction, improvement,
betterment or extension of any industrial project. The municipality need
not acquire or hold title to such industrial project. The governing body
of the municipality in determining such cost may include all cost and estimated
cost of the issuance of such bonds, all engineering, inspection, fiscal
and legal expenses, and interest which it is estimated will accrue during
the construction period and for 6 months thereafter on money borrowed or
which it is estimated will be borrowed pursuant to this Division 74.
(3) To rent, lease, sell or otherwise dispose of such industrial project
to any enterprise, concern or other entity referred to in subsection (1)
of Section 11-74-2 or to loan the proceeds of its bonds to any such
enterprise, concern or entity (which may include corporations, partnerships
or individuals engaged in business or commerce) in such manner that rents
or other payments to be derived with respect to the industrial project
shall be fixed and revised from time to time so as to produce income and
revenues sufficient to provide for the prompt payment of interest upon all
bonds issued under this Division 74, and to create a sinking fund to pay
the principal of such bonds when due, and to provide for the operation and
maintenance of such industrial project and for an adequate depreciation
account in connection therewith.
(4) To pledge to the punctual payment of bonds authorized under this
Division 74 and interest thereon the income and revenues to be received
with respect to such industrial project (including improvements, betterments or
extensions thereto thereafter constructed or acquired) sufficient to pay
such bonds and interest as they become due and to create and maintain
reasonable reserves therefor.
(5) To mortgage or grant a security interest in such industrial project
in favor of the holder or holders of bonds issued therefor.
(6) To sell and convey such industrial project, including without limitation
the sale and conveyance thereof subject to a mortgage or security interest as
provided in this Division 74, for such price and at such time as the
governing body of the municipality may determine. However, no sale or
conveyance of such industrial project shall ever be made in such manner
as to impair the rights or interests of the holder or holders of any
bonds issued for the construction, purchase, improvement or extension of
any such industrial project.
(7) To issue its bonds to refund in whole or in part, bonds
theretofore issued by such municipality under authority of this Division 74.
(8) To establish a municipal industrial development commission to exercise
those powers enumerated in subsections (1), (3) and (6) and expressly including
the power of said industrial development commission to acquire, hold title
to, develop and sell real estate to promote and enhance the purpose of
this Division 74 as set forth in Section 11-74-3.
All municipalities shall be exempt from the payment of taxes with respect
to property acquired by any municipality pursuant to the provisions of
this Division 74 while such property is owned by the municipality, but the
occupant of such property shall be subject to taxation as if he were the
owner of such property.
(Source: P.A. 84-946.)
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(65 ILCS 5/11-74-5) (from Ch. 24, par. 11-74-5)
Sec. 11-74-5.
The financing of the construction, acquisition, reconstruction,
improvement, betterment or extension of any industrial project may be
authorized under this Division 74 and bonds may be authorized to be
issued under this Division 74 to provide funds for such purpose or
purposes or for the refunding of bonds theretofore issued under this
Division 74, by resolution of the corporate authorities which may be
adopted at the same meeting at which it is introduced by a majority
of all the members thereof then in office and shall take effect
immediately upon adoption. The bonds shall bear interest at such rate
or rates without regard to any limitation in any other law, payable at
such times, may be in
one or more series, may bear such date or dates, may mature at such time
or times not exceeding 40 years from their respective dates, may be
payable in such medium of payment at such place or places, may carry
such registration privileges, may be subject to such terms of
redemption, may be executed in such manner, may contain such terms,
covenants, and conditions, and may be in such form, either coupon or
registered, as such resolution or subsequent resolutions may provide.
The bonds may be sold in such manner and upon such terms as may be
deemed advisable by the corporate authorities. Pending the preparation of the
definitive bonds, interim receipts or certificates in such form and with
such provisions as the corporate authorities may determine, may be
issued to the purchaser or purchasers of bonds sold pursuant to this
Division 74. The bonds and interim receipts or certificates are fully
negotiable within the meaning and for all purposes of the "Uniform Commercial Code".
(Source: P.A. 82-746.)
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(65 ILCS 5/11-74-6) (from Ch. 24, par. 11-74-6)
Sec. 11-74-6.
No bonds may be issued under this Division 74 unless the bond
issue is approved by the affirmative vote of 3/5 of the corporate authorities.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-7) (from Ch. 24, par. 11-74-7)
Sec. 11-74-7.
Any resolution authorizing the issuance of bonds under this Division
74 may contain covenants as to (a) the use and disposition of the
income and revenues from or with respect to the industrial
project for which the bonds are to be
issued, including the creation and maintenance of reserves; (b) the
issuance of other or additional bonds payable from the income and
revenues from or with respect to such industrial project; (c) the maintenance
and repair of
such industrial project; (d) the insurance to be carried thereon and the
use and disposition of insurance moneys; and (e) the terms and
conditions upon which the holders of the bonds or any portion thereof or
any trustees therefor, are entitled to the appointment of a receiver by
a court of competent jurisdiction
in such proceedings,
and which receiver may enter and take possession of the industrial
project if it is then owned by the municipality and lease, sell or otherwise
dispose of it and maintain it, prescribe rentals or other payments and collect,
receive, and apply all income and revenues thereafter arising therefrom
in the same manner and to the same extent as the municipality itself
might do. Any resolution authorizing the issuance of bonds under this
Division 74 may provide that the principal of and interest on any bonds
issued under this Division 74 shall be secured by a mortgage or deed of
trust covering such industrial project for which the bonds are issued
and may include any improvements or extensions thereafter made. Such
mortgage or deed of trust may contain such covenants and agreements to
properly safeguard the bonds as may be provided for in the resolution
authorizing such bonds but not inconsistent with this Division 74 and
shall be executed in the manner as may be provided for in the
resolution. A mortgage or deed of trust by which a security interest is
created or a financing statement relating thereto need not be filed or recorded
under the Uniform Commercial Code, or otherwise, except in the records of
the municipality. The provisions of this Division 74 and any such resolution
or resolutions and any such mortgage or deed of trust is a contract with
the holder or holders of the bonds and continues in effect until the
principal of and the interest on the bonds so issued has been fully
paid, and the duties of the municipality and its corporate authorities
and officers under this Division 74 and any such resolution or
resolutions and any such mortgage or deed of trust are enforceable by
any bondholder by mandamus, injunction, foreclosure of any such mortgage or deed of
trust or other appropriate suit, action or proceedings in any court of
competent jurisdiction.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-74-8) (from Ch. 24, par. 11-74-8)
Sec. 11-74-8.
The bonds bearing the signatures of officers in office on the date of
the signing thereof are valid and binding obligations, notwithstanding that
before the delivery thereof and payment therefor any or all the persons
whose signatures appear thereon have ceased to be officers of the
municipality issuing such bonds. The validity of the bonds is not dependent
on nor affected by the validity or regularity of any proceedings relating
to the acquisition, purchase, construction, reconstruction, improvement,
betterment or extension of the industrial project for which the bonds are
issued. The resolution authorizing the bonds may provide that the bonds
shall contain a recital that they are issued pursuant to this Division 74,
which recital is conclusive evidence of their validity and of the
regularity of their issuance.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-9) (from Ch. 24, par. 11-74-9)
Sec. 11-74-9.
All bonds issued under this Division 74 have a lien upon the income and
revenues delivered by the municipality with respect to the industrial project
for which the bonds have been issued, and
the governing body may provide in the resolution or resolutions
authorizing such bonds for the issuance of additional bonds to be
equally and ratably secured by a lien upon such income and revenues or may provide
that the lien upon such income and revenues for future bonds is subordinate.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74-10) (from Ch. 24, par. 11-74-10)
Sec. 11-74-10.
No holder of any bonds issued under this Division 74 has the right to
compel any exercise of taxing power of the municipality to pay the bonds or
the interest thereon, and the bonds do not constitute an indebtedness of
the municipality or a loan of credit thereof within the meaning of any
constitutional or statutory provision. It shall be plainly stated on the
face of each bond that it has been issued under the provisions of this
Division 74 and that it does not constitute an indebtedness of the
municipality or a loan of credit thereof within the meaning of any
constitutional or statutory provision.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-11) (from Ch. 24, par. 11-74-11)
Sec. 11-74-11.
The corporate authorities of a municipality issuing bonds pursuant to
this Division 74 shall prescribe and collect revenues with respect to an industrial
project and shall revise such from time to time whenever necessary so
that such revenues are always
sufficient to pay when due all bonds and interest thereon for the
payment of which such revenues are pledged, including reserves therefor.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74-12) (from Ch. 24, par. 11-74-12)
Sec. 11-74-12.
It is not necessary for any municipality proceeding under this Division
74 to obtain any certificate of convenience or necessity, franchise,
license, permit, or other authorization from any bureau, board, commission,
or other lay instrumentality of this State in order to acquire, construct,
purchase, reconstruct, improve, better or extend any industrial project or
for the issuance of bonds in connection therewith.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-13) (from Ch. 24, par. 11-74-13)
Sec. 11-74-13.
The powers conferred by this Division 74 are in addition and
supplemental to, and the limitations imposed by this Division 74 shall not
affect, the powers conferred by any other law. Industrial project may be
acquired, purchased, constructed, reconstructed, improved, bettered and
extended, and bonds may be issued under this Division 74 for such purposes,
notwithstanding that any other law may provide for the acquisition,
purchase, construction, reconstruction, improvement, betterment and
extension of a like industrial project, or the issuance of bonds for like
purposes, and without regard to the requirements, restrictions, limitation
or other provisions contained in any other law.
This amendatory Act of 1971 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 77-1453.)
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(65 ILCS 5/11-74-14) (from Ch. 24, par. 11-74-14)
Sec. 11-74-14.
Disclosure of interest.
Any member of the corporate authority
of a municipality shall disclose any pecuniary interest in any employment,
financing, agreement or other contract made under the provisions of this
Division 74 before any action by the corporate authority on it, and shall
not vote on any such matter. Notwithstanding the provisions of any other
law, any financing agreement or other contract made or procured in conformity
with the provisions of this Section shall not be void by reason of the pecuniary
interest of any member of the corporate authority of the municipality therein;
nor shall such person be subject to any penalty by reason of the making
or procuring thereof.
(Source: P.A. 81-1376.)
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(65 ILCS 5/Art. 11 Div. 74.1 heading) DIVISION 74.1.
ACQUIRING LAND FOR INDUSTRIAL PURPOSES
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(65 ILCS 5/11-74.1-1) (from Ch. 24, par. 11-74.1-1)
Sec. 11-74.1-1.
For the public purposes set forth in the Illinois
Finance Authority Act, the corporate authorities
of each municipality may (1) acquire, singly or jointly with other
municipalities
or counties, by gift, purchase or otherwise, but not by condemnation, except
in furtherance of the Illinois
Finance Authority Act, land,
or any interest in land, whether located within or without its corporate
limits, and, singly or jointly, may improve or arrange for the improvement
of such land for industrial or commercial purposes and may donate and
convey such land,
or interest in land, so acquired and so improved, to the Illinois
Finance Authority; and (2) donate corporate
funds to such Authority.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/Art 11 prec Div 74.2 heading)
COMMERCIAL BLIGHT AREAS
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(65 ILCS 5/Art. 11 Div. 74.2 heading) DIVISION 74.2.
COMMERCIAL RENEWAL AND
REDEVELOPMENT AREAS
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(65 ILCS 5/11-74.2-1) (from Ch. 24, par. 11-74.2-1)
Sec. 11-74.2-1.
It is hereby found and declared:
(a) In certain municipalities of the State there exist commercial
blight or conservation areas where a major portion of the commercial buildings and
structures are detrimental to the health, safety and welfare of the
occupants and the welfare of the urban community because of age,
dilapidation, overcrowding or faulty arrangement, or lack of
ventilation, light, sanitation facilities, adequate utilities or access
to transportation, commercial marketing centers or to adequate labor
supplies.
(b) Such commercial blight or conservation areas are usually situated in the older
and centrally located areas of the municipalities involved, and once
existing, spread unless eradicated.
(c) As a result of these degenerative conditions the commercial
properties embraced in a commercial blight or conservation area fall into a state of
non-productiveness or limited productiveness, and fail to produce their
due and proper share of taxes.
(d) The conditions in a commercial blight or conservation area necessitate excessive
and disproportionate expenditures of public funds for crime prevention,
public health and safety, fire and accident protection, and other public
services and facilities and constitute a drain upon the public revenue.
These conditions impair the efficient, economical and indispensable
governmental functions of the municipalities embracing such areas, as
well as the governmental functions of the State.
(e) In order to promote and protect the health, safety, morals and
welfare of the public it is necessary to provide for the eradication and
elimination of commercial blight or conservation areas and the construction of
redevelopment projects and commercial projects in these areas.
(f) The eradication and elimination of commercial blight or conservation areas and
the construction of redevelopment projects financed by private capital,
with financial assistance from governmental bodies, in the manner
provided in this Division are hereby declared to be a public use
essential to the public interest.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-2) (from Ch. 24, par. 11-74.2-2)
Sec. 11-74.2-2.
As used in this Act unless the context requires
otherwise:
(a) "Real property" means lands, lands under water, structures, and
any and all easements, franchises and incorporeal hereditaments, estates
and rights, legal and equitable, including terms for years and liens by
way of judgment, mortgage or otherwise.
(b) "Commercial blight area" or "blight area" means any improved or vacant area of not
less in the aggregate than 2 acres located within the territorial limits
of a municipality where, if improved, industrial, commercial and
residential buildings or improvements, because of a combination of 5 or
more of the following factors:
age; dilapidation; obsolescence; deterioration; illegal use of individual
structures; presence of structures below minimum code
standards; excessive vacancies; overcrowding of structures and community
facilities; lack of ventilation,
light or sanitary facilities; inadequate utilities; or excessive land
coverage; deleterious land use or layout; depreciation or lack of physical
maintenance; lack of community planning,
are detrimental to the public safety, health, morals or
welfare, or if vacant, the sound growth of the area is impaired by, (1)
a combination of 2 or more of the following factors: obsolete platting of
the vacant land; diversity of ownership of such land; tax and special assessment
delinquencies on such land; deterioration of structures or site improvements
in neighboring areas to the vacant land, or (2) the area immediately
prior to becoming vacant qualified as a blighted improved area.
(c) "Commercial project" means any building or buildings or building
addition or other structures to be newly constructed, renovated or
improved and suitable for use by a commercial enterprise or an entity
engaged in providing housing and ancillary services, and includes the
sites and other rights in the land on which such buildings or structures
are located.
(d) "Commercial conservation area" or "conservation area" means any
area located within the territorial limits of the municipality, of not
less, in the aggregate, than 2 acres in which 50% or more of the
structures have an age of 35 years or more. Such an area is not yet a
blight area but because of a combination of 3 or more of the following
factors: dilapidation; obsolescence; deterioration; illegal use of
individual structures; presence of structures below minimum code
standards; abandonment; excessive vacancies; overcrowding of structures
and community facilities; lack of ventilation, light or sanitary
facilities; inadequate utilities; excessive land coverage; deleterious
land use or layout; depreciation of physical maintenance; or lack of
community planning, is detrimental to the public safety, health, morals
or welfare and such an area may become a blight area.
(e) "Commercial redevelopment plan" or "redevelopment plan" means
the comprehensive program for the clearing or rehabilitation and
physical development of a commercial blight or conservation area, and
includes an analysis and projection of the steps necessary for the
elimination or rehabilitation of a commercial blight or conservation
area and the protection of adjacent areas, and all administrative,
funding and financial details and proposals necessary to effectuate the
plan.
(f) "Redevelopment area" means the blighted or conservation area of
not less in the aggregate than 2 acres, to be developed in accordance
with the redevelopment plan.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-74.2-3) (from Ch. 24, par. 11-74.2-3)
Sec. 11-74.2-3.
The corporate authorities of any municipality may by
resolution provide for an initial study and survey to determine if the
municipality contains any commercial blight or conservation areas.
In making the study and survey the corporate authorities shall:
(a) Cooperate with and use any evidence gathered by any public or
private organization relative to the existence, extent or likelihood
of commercial
blight in the municipality;
(b) Hold public or private hearings, conduct investigations, hear
testimony and gather evidence relating to commercial blight or likelihood
of commercial blight and its
elimination;
(c) Create a representative Citizens Committee of not less than 9
persons, to be appointed by the chief executive officer of the
municipality with the approval of a majority of the municipal council,
which committee shall consist of representatives from among local
merchants, owners of commercial real estate, the advertising media,
residential property owners associations, human relations commissions,
labor organizations and civic groups;
(d) Formulate a proposed commercial redevelopment plan for any
blight or conservation area, provided that such plan has received the approval and
recommendation of a 2/3 majority vote of the members of the Citizens
Committee created under paragraph (c) of this Section.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-4) (from Ch. 24, par. 11-74.2-4)
Sec. 11-74.2-4.
If as a result of their initial study and survey the
corporate authorities determine that one or more commercial blight or conservation areas
exist in the municipality, they may by resolution set forth the
boundaries of each commercial blight or conservation area and the factors that exist in
the blight or conservation areas that are detrimental to public health, safety, morals
and welfare.
In the same resolution the corporate authorities may provide for a
public hearing on commercial blight or conservation and may submit proposed
redevelopment plans for the blight or conservation areas. At least 20 days before the
hearing the municipal clerk shall give notice of the hearing by
publication at least once in a newspaper of general circulation within
the municipality.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-5) (from Ch. 24, par. 11-74.2-5)
Sec. 11-74.2-5.
At the hearing on commercial blight or conservation areas
the corporate
authorities shall introduce the testimony and evidence that entered into
their decision to declare an area a commercial blight or conservation
area, and shall
enter into the record of the proceedings all proposed commercial
redevelopment plans received at or prior to the hearing. All interested
persons may appear and testify for or against any proposed commercial
redevelopment plan. The hearing may be continued from time to time at
the discretion of the corporate authorities to allow necessary changes
in any proposed plan or to hear or receive additional testimony from
interested persons.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-6) (from Ch. 24, par. 11-74.2-6)
Sec. 11-74.2-6.
At the conclusion of the hearing on commercial blight and conservation areas
the corporate
authorities shall formulate and publish a final commercial redevelopment
plan for the municipality after approval by a 2/3 majority vote of the
members of the Citizens Committee, which plan may incorporate any
exhibit, plan, proposal, feature, model or testimony resulting from the
hearing. The final redevelopment plan shall be made available for
inspection by all interested parties.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-7) (from Ch. 24, par. 11-74.2-7)
Sec. 11-74.2-7.
Within 30 days after the publication of a final commercial
redevelopment plan, any person aggrieved by the action of the corporate
authorities may seek a review of their decision and the redevelopment plan
under the Administrative Review Law. The provisions of that Act and all
amendments and modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings for the judicial review of the
actions of the corporate authorities and the final commercial redevelopment
plan.
If no action is initiated under the Administrative Review Law, or if the
court sustains the corporate authorities and the final redevelopment plan
as is, or as amended by the court, the corporate authorities may proceed to
carry out the final commercial redevelopment plan.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-74.2-8) (from Ch. 24, par. 11-74.2-8)
Sec. 11-74.2-8.
In carrying out a final commercial redevelopment plan
the corporate authorities have the power to:
(a) Acquire by purchase, gift, condemnation or otherwise as provided
in this Division the fee simple title to all or any part of the real
property in any redevelopment area; if the property is to be obtained by
condemnation, such power of condemnation may be exercised only when at
least 85% of the land located within the boundaries of each plan has
been acquired previously by the corporate authorities or private
organizations pursuant to the implementation of the plan through good
faith negotiations and such negotiations are unsuccessful in acquiring
the remaining land;
(b) Clear any area acquired, by demolition or removal of existing
buildings and structures;
(c) Renovate or rehabilitate any structure or building acquired, or
if any structure or building or the land supporting it has not been
acquired, to permit the owner to renovate or rebuild the structure or
building in accordance with the redevelopment plan;
(d) Construct or acquire by gift or purchase any commercial project
and rent or lease such commercial projects to commercial or housing
concerns or entities engaged in providing housing and ancillary
services at rentals at least sufficient to provide for prompt payment of
interest and principal of all revenue bonds issued for such commercial
projects under Section 11-74.2-16 or as an alternative lend the proceeds
of any such revenue bonds to any such concerns or entities to finance the
cost of such commercial projects on terms that will provide for the prompt
payment at maturity of principal, interest and redemption premium, if any,
upon all bonds issued to finance the cost of such commercial projects;
(e) To sell and convey commercial projects, including without
limitation the sale and conveyance subject to a mortgage, for such price
and at such time as the governing body of the municipality may
determine. However, no sale or conveyance of a commercial project shall
ever be made in such manner as to impair the rights or interests of the
holders of any bonds issued for the construction, purchase, improvement
or extension of any such commercial project;
(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) Mortgage or convey real or personal property acquired for use in
accordance with the redevelopment plan;
(h) Borrow money, apply for and accept advances, loans, grants,
contributions, gifts, services, or other financial assistance, from the
United States of America or any agency or instrumentality thereof, the
State, county, municipality or other public body or from any source,
public or private, for or in aid of any of the purposes of the final
redevelopment plan, and to secure the payment of any loans or advances
by the issuance of revenue bonds and by the pledge of any loan, grant or
contribution, or parts thereof, or the contracts therefor, to be
received from the United States of America or any agency or
instrumentality thereof, and to enter into and carry out contracts in
connection therewith;
(i) Exercise any one or more of the foregoing powers in any
combination to carry out the final redevelopment plan.
Nothing in this Section shall be construed to exclude property in a
final redevelopment plan from taxation.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74.2-9) (from Ch. 24, par. 11-74.2-9)
Sec. 11-74.2-9. In exercising the power to acquire real estate as provided
in this Division, the corporate authorities may proceed by gift, purchase
or condemnation to acquire the fee simple title to all real property lying
within a redevelopment area, including easements and reversionary interests
in the streets, alleys and other public places lying within such area; if
the property is to be obtained by condemnation, such power of condemnation
may be exercised only when at least 85% of the land located within the
boundaries of each plan has been acquired previously by the corporate
authorities or private organization pursuant to the implementation of the
plan through good faith negotiations and such negotiations are unsuccessful
in acquiring the remaining land. If any such real property is subject to an
easement the corporate authorities in their discretion, may acquire the fee
simple title to such real property subject to such easement if they
determine that such easement will not interfere with carrying out the
redevelopment plan. If any such real property is already devoted to a
public use it may nevertheless be acquired, provided that no property
belonging to the United States of America, the State of Illinois or any
municipality may be acquired without the consent of such governmental unit
and that no property devoted to a public use belonging to a corporation
subject to the jurisdiction of the Illinois Commerce Commission may be
acquired without the approval of the Illinois Commerce Commission. In
carrying out the provisions of this Division, the corporate authorities are
vested with the power to exercise the right of eminent domain. Condemnation
proceedings instituted by the corporate authorities shall be in the manner
provided for the exercise of the right of eminent domain
under the Eminent Domain Act. No power of
condemnation shall be used to acquire a site for a commercial project as
defined in paragraph (c) of Section 11-74.2-2.
Nothing in this Section shall be construed to exclude property in a
final redevelopment plan from taxation.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/11-74.2-10) (from Ch. 24, par. 11-74.2-10)
Sec. 11-74.2-10.
When the corporate authorities have acquired title
to, and possession of all or any part of the real property located
within a redevelopment area, they may let contracts for the demolition
or removal of buildings and for the removal of any debris. The corporate
authorities shall advertise for sealed bids for doing such work. The
advertisement shall describe by street number or other means of
identification the location of the buildings to be demolished or removed
and the time and place where sealed bids for the work may be delivered
to the corporate authorities. The advertisement shall be published once
in a newspaper having a general circulation in the municipality 20 days
prior to the date for receiving bids.
The contract for doing the work shall be let to the lowest
responsible bidder, but the corporate authorities may reject any and all
bids received and readvertise for bids. Any contract entered into by the
corporate authorities under this Section shall contain provisions
requiring the contractor to give bond in an amount equal to 1/3 of his
bid price, but in no event in excess of $25,000, conditioned for the
faithful performance of the contract and requiring the contractor to
furnish insurance of a character and amount to be determined by the
corporate authorities protecting the corporate authorities and the
municipality, its officers, agents and employees against any claims for
personal injuries, including death and property damage which may be
asserted because of the contract. The corporate authorities may include
in any advertisement and in the contract one or more buildings, or
groups of buildings, as they in their sole discretion may determine.
Notwithstanding the foregoing, if prior authorization is granted by
ordinance of the corporate authority, contracts for work on commercial
projects to be financed with revenue bonds payable solely from rentals, loan repayments
and other receipts to be derived from such commercial projects, whether
or not secured by a mortgage, may be let by the prospective lessee
without advertisement or bidding.
(Source: P.A. 81-1376.)
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(65 ILCS 5/11-74.2-11) (from Ch. 24, par. 11-74.2-11)
Sec. 11-74.2-11.
In carrying out the provisions of a final redevelopment
plan the corporate authorities may pave and improve streets in the
redevelopment area, construct sidewalks and install or relocate sewers,
water pipes and other similar facilities. The corporate authorities shall
advertise for sealed bids for doing such work. The advertisement shall
describe the nature of the work to be performed and the time when and place
where sealed bids for the work may be delivered to the corporate
authorities. The advertisement shall be published once in a newspaper
having a general circulation in the municipality at least 20 days prior to
the date for receiving bids. A contract for doing the work shall be let to
the lowest responsible bidder, but the corporate authorities may reject any
and all bids received and readvertise for bids. The contractor shall enter
into bond in an amount equal to 1/3 of the amount of his bid conditioned
for the faithful performance of the contract. The sureties on such bond and
on the bond given pursuant to Section 11-74.2-10 shall be approved by the
corporate authorities.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/11-74.2-12) (from Ch. 24, par. 11-74.2-12)
Sec. 11-74.2-12.
When the corporate authorities have acquired title to, and
possession of any or all real property in the redevelopment area, they may
convey any part of the redevelopment area to any public body having
jurisdiction over schools, parks or playgrounds in the area. The property
so conveyed shall be used for parks, playgrounds, schools and other public
purposes as the corporate authorities may determine. The corporate
authorities may charge for such conveyances whatever price they and the
officials of the public bodies receiving the land may agree upon. The
corporate authorities may also grant with or without charge, easements for
public utilities, sewerage and other similar facilities.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/11-74.2-13) (from Ch. 24, par. 11-74.2-13)
Sec. 11-74.2-13.
No member of the corporate authority or employee of a
municipality subject to this Division shall acquire any interest direct or
indirect in any redevelopment area or in any property included or planned
to be included in any redevelopment area. Nor shall they have any interest
direct or indirect in any contract or proposed contract in connection with
any such redevelopment area. If any such member or employee owns or
controls an interest direct or indirect in any property included in any
redevelopment area he shall disclose the same in writing to the
municipality and such disclosure shall be entered upon the minute books of
the municipality.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/11-74.2-14) (from Ch. 24, par. 11-74.2-14)
Sec. 11-74.2-14.
The corporate authorities may at any time transfer
and sell the fee simple title, or any lesser estate that they acquired
to all or any part of the real property within the redevelopment area.
No such sale shall be inconsistent with the provisions of paragraph (e)
of Section 11-74.2-8.
Such sales and transfers may be made to:
(1) Any individual, association or corporation, organized under the
laws of this State or of any other State or country, which may legally
make such investments in this State, including foreign and alien
insurance companies, as defined in Section 2 of the "Illinois Insurance
Code"; or
(2) Any body politic and corporate, public corporation or private
individual, corporation, association or interest empowered by law to
acquire, develop and use such real property for such uses, public or
private, as are in accordance with the final redevelopment plan.
To provide that the real property sold by the corporate authorities
is used in accordance with the final redevelopment plan, the corporate
authorities shall inquire into and satisfy themselves concerning the
financial ability of the purchaser to complete the redevelopment in
accordance with the redevelopment plan and shall require the purchaser
to execute in writing such undertakings as the corporate authorities may
deem necessary to obligate the purchaser to:
(1) Use the land for the purposes designated in the approved plan;
(2) Commence and complete the building of the improvements or the renovation
of the property within the periods of time which the corporate authorities fix
as reasonable; and
(3) Comply with such other conditions as are necessary to carry out
the purposes of the final redevelopment plan.
Any redevelopment area may be sold either as an entirety or in such
parcels as the corporate authorities may select. It is not necessary
that title be acquired to all real property within the redevelopment
area before the sale of a part thereof may be made as provided in this
Section. All real property sold shall be sold at its use value which may
be less than its acquisition cost. For purposes of this Division, use
value represents the value at which the corporate authorities determine
that such land should be made available in order that it may be
developed or redeveloped for the purposes specified in the final
redevelopment plan.
(Source: P.A. 81-3.)
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(65 ILCS 5/11-74.2-15) (from Ch. 24, par. 11-74.2-15)
Sec. 11-74.2-15.
Any real property in the redevelopment area that has not
been sold, or in the case of commercial projects sold or leased, by the
corporate authorities within 5 years after they have acquired title to all
the real property in the area shall be sold by the corporate authorities at
public sale for cash to the highest bidder who obligates himself to
redevelop the property in accordance with the final redevelopment plan.
Notice of the sale and of the place where the final redevelopment plan may
be inspected shall be published once in a newspaper having a general
circulation in the municipality in which the real property is situated at
least 20 days prior to the date of the public sale. The notice shall
contain a description of the real property to be sold and a general
statement of the use for which such property may be developed under the
redevelopment plan.
The corporate authorities may reject the bids received if in their
opinion the highest bid does not equal or exceed the use value of the land
to be sold. Within 6 months after the bids have been rejected, the
corporate authorities shall again advertise for sale any real property then
remaining unsold. Each additional publication and offer for bids shall be
subject to the same requirements and conditions as the original
publication.
Any deed executed by the corporate authorities under this Division may
contain such restrictions as are required by the final redevelopment plan
and necessary building and zoning ordinances. All such deeds of conveyance
shall be executed in the name of the municipality by its chief executive
officer, and the seal of the municipality shall be attached to the deeds.
(Source: P.A. 78-1155.)
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(65 ILCS 5/11-74.2-16) (from Ch. 24, par. 11-74.2-16)
Sec. 11-74.2-16.
The corporate authorities are authorized and
empowered to incur indebtedness and issue revenue bonds in such amounts
as they deem necessary for the purpose of raising funds for carrying out
the provisions of a final redevelopment plan providing for the
eradication and elimination of commercial blight and conditions likely
to create blight and the acquisition, development or redevelopment of
commercial blight or conservation areas and any other area which may
constitute a redevelopment area within the municipality or for the
purpose of financing in whole or in part the cost of acquisition,
construction and financing of any commercial projects. The ordinance
authorizing the issuance of such revenue bonds shall specify the total
amount of bonds to be issued, the form and denomination, the date they
are to bear, the place at which they are payable, the date or dates of
maturity which shall not be later than 40 years after date, the rate of
interest
which shall not exceed that permitted in "An Act to authorize public corporations
to issue bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as now or hereafter amended. The ordinance
shall also specify the dates
on which
interest is payable. Such bonds shall be sold at private or public sale
at a price of not less than 97% of par. The bonds shall be executed by such officials as
may be provided in the bond ordinance. The bonds may be made
registerable to principal and may be made callable on any interest
payment date, with or without premium, plus accrued interest
after notice has been given in
the manner provided in the bond ordinance. The bonds shall remain valid
even though one or more of the officers executing the bonds cease to
hold office before the bonds are delivered.
The amendatory Acts of 1971, 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 82-902.)
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(65 ILCS 5/11-74.2-17) (from Ch. 24, par. 11-74.2-17)
Sec. 11-74.2-17.
The bonds shall contain a provision that the principal and
interest thereon shall be payable exclusively from the proceeds and
revenues of any commercial redevelopment plan or commercial project which
is financed in whole or in part with the proceeds of such bonds, together
with whatever funds of the municipality from whatever source derived as are
necessary to constitute a local matching cash grant-in-aid or contribution
for the redevelopment plan within the meaning of any applicable federal or
State law. Such bonds may be additionally secured by a pledge of any loan,
grant or contribution, or parts thereof, received from the United States of
America or any agency or instrumentality thereof, or any loan, grant or
contribution from any other public or private body, instrumentality,
corporation or individual, or any duly executed contract for such pledge,
loan, grant or contribution or by the assignment of any lease obligation of
any commercial concern.
The corporate authorities executing the revenue bonds shall not be
personally liable on the bonds because of their issuance. The bonds shall
not be the debt of any municipality or the State, or any subdivision
thereof. The bonds shall not be payable out of any funds of the
municipality except those indicated in this Section.
The bonds shall not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
(Source: P.A. 78-1155.)
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(65 ILCS 5/11-74.2-18) (from Ch. 24, par. 11-74.2-18)
Sec. 11-74.2-18.
The revenue bonds issued pursuant to this Division shall
be sold to the highest and best bidder at not less than their par value and
accrued interest. The municipality shall, from time to time as bonds are to
be sold, advertise for proposals to purchase the bonds. Each such
advertisement may be published in such newspapers and journals as the
corporate authorities may determine but must be published at least once in
a newspaper having a general circulation in the municipality at least 10
days prior to the date of the opening of the bids. The municipality may
reserve the right to reject any and all bids and readvertise for bids.
Revenue bonds issued solely for the purpose of financing a commercial
project may, notwithstanding the foregoing provisions of this Section, be
sold at private sale without advertisement at not less than par and accrued
interest.
The bonds may be issued without submitting any proposition to the
electorate by referendum or otherwise.
Any bonds issued under this Section as limited bonds as defined in Section 3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-74.2-19) (from Ch. 24, par. 11-74.2-19)
Sec. 11-74.2-19.
In connection with the issuance of the revenue bonds
authorized by this Division, and in order to secure the payment of such
bonds, the corporate authorities may, subject to the powers and limitations
contained in this Division, covenant and agree in the bonds, bond ordinance
or resolution, or any trust agreement executed pursuant thereto, to any
necessary condition, power, duty, liability or procedure for the issuance,
payment, redemption, security, marketing, replacement or refinancing of
such bonds, and the use, disposition or control of all or any part of the
revenues realized from a commercial redevelopment plan.
(Source: Laws 1967, p. 3213.)
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(65 ILCS 5/Art. 11 Div. 74.3 heading) DIVISION 74.3.
BUSINESS DISTRICT
DEVELOPMENT AND REDEVELOPMENT
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(65 ILCS 5/11-74.3-1) (from Ch. 24, par. 11-74.3-1)
Sec. 11-74.3-1. Division short title; declaration of public purpose. This Division 74.3 may be cited as the Business District Development and Redevelopment Law. It is hereby found and declared: (1) It is essential to the economic and social welfare of
each municipality that business districts be developed, redeveloped, improved, maintained, and revitalized, that jobs and opportunity for employment be created within the municipality, and that, if blighting conditions are present, blighting conditions be eradicated by
assuring opportunities for development or redevelopment, encouraging private investment, and attracting
sound and stable business and commercial growth. It is further found and determined that as a result of economic conditions unfavorable to the creation, development, improvement, maintenance, and redevelopment of certain business and commercial areas within municipalities opportunities for private investment and sound and stable commercial growth have been and will continue to be negatively impacted and business and commercial areas within many municipalities have deteriorated and will continue to deteriorate, thereby causing a serious menace to the health, safety, morals, and general welfare of the people of the entire State, unemployment, a decline in tax revenues, excessive and disproportionate expenditure of public funds, inadequate public and private investment, the unmarketability of property, and the growth of delinquencies and crime. In order to reduce threats to and to promote and protect the health, safety, morals, and welfare of the public and to provide incentives which will create employment and job opportunities, will retain commercial businesses in the State and related job opportunities and will eradicate blighting conditions if blighting conditions are present, and for the relief of unemployment and the maintenance of existing levels of employment, it is essential that plans for business districts be created and implemented and that business districts be created, developed, improved, maintained, and redeveloped.
(2) The creation, development, improvement, maintenance, and redevelopment of business districts will stimulate economic activity in the State, create and maintain jobs, increase tax revenues, encourage the creation of new and lasting infrastructure, other improvements, and facilities, and cause the attraction and retention of businesses and commercial enterprises which generate economic activity and services and increase the general tax base, including, but not limited to, increased retail sales, hotel or restaurant sales, manufacturing sales, or entertainment industry sales, thereby increasing employment and economic growth. (3) It is hereby declared to be the policy of the State, in the interest of promoting the health, safety, morals, and general welfare of all the people of the State, to provide incentives which will create new job opportunities and retain existing commercial businesses within the State and related job opportunities, and it is further determined and declared that the relief of conditions of unemployment, the maintenance of existing levels of employment, the creation of new job opportunities, the retention of existing commercial businesses, the increase of industry and commerce within the State, the reduction of the evils attendant upon unemployment, and the increase and maintenance of the tax base of the State and its political subdivisions are public purposes and for the public safety, benefit, and welfare of the residents of this State. (4) The exercise of the powers provided in this Law is dedicated to the promotion of the public interest, to the enhancement of the tax base within business districts, municipalities, and the State and its political subdivisions, the creation of employment, and the eradication of blight, if present within the business district, and the use of such powers for the creation, development, improvement, maintenance, and redevelopment of business districts of a municipality is hereby declared to be for the public safety, benefit, and welfare of the residents of the State and essential to the public interest and declared to be for public purposes.
(Source: P.A. 96-1394, eff. 7-29-10.)
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(65 ILCS 5/11-74.3-2) (from Ch. 24, par. 11-74.3-2)
Sec. 11-74.3-2. Procedures to designate business districts; ordinances; notice; hearings. (a) The corporate authorities of a municipality shall by ordinance propose the approval of a business district plan and designation of a business district and shall fix a time and place for a public hearing on the proposals to approve a business district plan and designate a business district. (b) Notice of the public hearing 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 municipality. Each notice published pursuant to this Section shall include the following: (1) The time and place of the public hearing; (2) The boundaries of the proposed business district | ||
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(3) A notification that all interested persons will | ||
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(4) A description of the business district plan if a | ||
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(5) The rate of any tax to be imposed pursuant to | ||
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(6) An invitation for any person to submit alternate | ||
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(7) Such other matters as the municipality shall deem | ||
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(c) At the public hearing any interested person may file written objections with the municipal clerk and may be heard orally with respect to any matters embodied in the notice. The municipality shall hear and determine all alternate proposals or bids for any proposed conveyance, lease, mortgage, or other disposition by the municipality of land or rights in land owned by the municipality and located within the proposed business district and all protests and objections at the hearing, provided, however, that the corporate authorities of the municipality may establish reasonable rules regarding the length of time provided to members of the general public. 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 adjourned hearing. Public hearings with regard to approval of a business district plan or designation of a business district may be held simultaneously. (d) At the public hearing or at any time prior to the adoption by the municipality of an ordinance approving a business district plan, the municipality may make changes in the business district plan. Changes which do not (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the proposed business district plan, (iii) substantially change the nature of any proposed business district project, (iv) change the description of any proposed developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5%, (vi) add additional business district costs to the itemized list of estimated business district costs as proposed in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality without further public hearing, provided the municipality shall give notice of its changes by publication in a newspaper of general circulation within the municipality. Such notice by publication shall be given not later than 30 days following the adoption of an ordinance approving such changes. Changes which (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the proposed business district plan, (iii) substantially change the nature of any proposed business district project, (iv) change the description of any proposed developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5%, (vi) add additional business district costs to the itemized list of estimated business district costs as proposed in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality only after the municipality by ordinance fixes a time and place for, gives notice by publication of, and conducts a public hearing pursuant to the procedures set forth hereinabove. (e) By ordinance adopted within 90 days of the final adjournment of the public hearing a municipality may approve the business district plan and designate the business district. Any ordinance adopted which approves a business district plan shall contain findings that the business district on the whole has not been subject to growth and development through investment by private enterprises and would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district plan. Any ordinance adopted which designates a business district shall contain the boundaries of such business district by legal description and, where possible, by street location, a finding that the business district plan conforms 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 business district plan was approved, the business district plan either (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority or the municipality or (ii) includes land uses that have been approved by the planning commission of the municipality, and, for any business district in which the municipality intends to impose taxes as provided in subsection (10) or (11) of Section 11-74.3-3, a specific finding that the business district qualifies as a blighted area as defined in Section 11-74.3-5. (f) After a municipality has by ordinance approved a business district plan and designated a business district, the plan may be amended, the boundaries of the business district may be altered, and the taxes provided for in subsections (10) and (11) of Section 11-74.3-3 may be imposed or altered only as provided in this subsection. Changes which do not (i) alter the exterior boundaries of the proposed business district, (ii) substantially affect the general land uses described in the business district plan, (iii) substantially change the nature of any business district project, (iv) change the description of any developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5% after adjustment for inflation from the date the business district plan was approved, (vi) add additional business district costs to the itemized list of estimated business district costs as approved in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality without further public hearing, provided the municipality shall give notice of its changes by publication in a newspaper of general circulation within the municipality. Such notice by publication shall be given not later than 30 days following the adoption of an ordinance approving such changes. Changes which (i) alter the exterior boundaries of the business district, (ii) substantially affect the general land uses described in the business district plan, (iii) substantially change the nature of any business district project, (iv) change the description of any developer, user, or tenant of any property to be located or improved within the proposed business district, (v) increase the total estimated business district project costs set out in the business district plan by more than 5% after adjustment for inflation from the date the business district plan was approved, (vi) add additional business district costs to the itemized list of estimated business district costs as approved in the business district plan, or (vii) impose or increase the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 may be made by the municipality only after the municipality by ordinance fixes a time and place for, gives notice by publication of, and conducts a public hearing pursuant to the procedures set forth in this Section.
(Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
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(65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)
Sec. 11-74.3-3. Powers of municipalities. In addition to the powers a municipality may now have, a municipality shall have the following
powers:
(1) To make and enter into all contracts necessary or | ||
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(2) Within a business district, to acquire by | ||
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(2.5) To acquire property by eminent domain in | ||
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(3) To clear any area within a business district by | ||
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(4) To install, repair, construct, reconstruct, or | ||
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(5) To renovate, rehabilitate, reconstruct, relocate, | ||
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(6) To construct public improvements, including but | ||
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(7) To fix, charge, and collect fees, rents, and | ||
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(8) To pay or cause to be paid business district | ||
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(8.5) Utilize up to 1% of the revenue from a business | ||
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(A) contiguous to the business district from | ||
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(B) separated only by a public right of way from | ||
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(C) separated only by forest preserve property | ||
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(9) To apply for and accept grants, guarantees, | ||
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(10) If the municipality has by ordinance found and | ||
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(11) If the municipality has by ordinance found and | ||
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(Source: P.A. 99-452, eff. 1-1-16 .)
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(65 ILCS 5/11-74.3-4) (from Ch. 24, par. 11-74.3-4)
Sec. 11-74.3-4.
The powers granted to municipalities in this Law shall not be
construed as a limitation on the powers of a home rule municipality granted
by Article VII of the Illinois Constitution.
(Source: P.A. 96-1394, eff. 7-29-10.)
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(65 ILCS 5/11-74.3-5) Sec. 11-74.3-5. Definitions. The following terms as used in this Law shall have the following meanings: "Blighted area" means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability, an economic underutilization of the area, or a menace to the public health, safety, morals, or welfare. "Business district" means a contiguous area which includes only parcels of real property directly and substantially benefited by the proposed business district plan. A business district may, but need not be, a blighted area, but no municipality shall be authorized to impose taxes pursuant to subsection (10) or (11) of Section 11-74.3-3 in a business district which has not been determined by ordinance to be a blighted area under this Law. For purposes of this Division, parcels are contiguous if they touch or join one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under Section 7-1-1 of this Code. The changes made by this amendatory Act of the 102nd General Assembly, are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; however, this amendatory Act of the 102nd General Assembly does not affect the rights of any party that is subject to a final judgment entered pursuant to the September 23, 2021 opinion of the Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. "Business district plan" shall mean the written plan for the development or redevelopment of a business district. Each business district plan shall set forth in writing: (i) a specific description of the boundaries of the proposed business district, including a map illustrating the boundaries; (ii) a general description of each project proposed to be undertaken within the business district, including a description of the approximate location of each project and a description of any developer, user, or tenant of any property to be located or improved within the proposed business district; (iii) the name of the proposed business district; (iv) the estimated business district project costs; (v) the anticipated source of funds to pay business district project costs; (vi) the anticipated type and terms of any obligations to be issued; and (vii) the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section 11-74.3-3 and the period of time for which the tax shall be imposed. "Business district project costs" shall mean and include the sum total of all costs incurred by a municipality, other governmental entity, or nongovernmental person in connection with a business district, in the furtherance of a business district plan, including, without limitation, the following: (1) costs of studies, surveys, development of plans | ||
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(2) property assembly costs, including but not | ||
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(6) costs of installation or construction within the | ||
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(7) financing costs, including but not limited to all | ||
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(8) relocation costs to the extent that a | ||
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"Business district tax allocation fund" means the special fund to be established by a municipality for a business district as provided in Section 11-74.3-6. "Dissolution date" means the date on which the business district tax allocation fund shall be dissolved. The dissolution date shall be not later than 270 days following payment to the municipality of the last distribution of taxes as provided in Section 11-74.3-6.
(Source: P.A. 102-818, eff. 5-13-22.) |
(65 ILCS 5/11-74.3-6) Sec. 11-74.3-6. Business district revenue and obligations; business district tax allocation fund. (a) If the corporate authorities of a municipality have approved a business district plan, have designated a business district, and have elected to impose a tax by ordinance pursuant to subsection (10) or (11) of Section 11-74.3-3, then each year after the date of the approval of the ordinance but terminating upon the date all business district project costs and all obligations paying or reimbursing business district project costs, if any, have been paid, but in no event later than the dissolution date, all amounts generated by the retailers' occupation tax and service occupation tax shall be collected and the tax shall be enforced by the Department of Revenue in the same manner as all retailers' occupation taxes and service occupation taxes imposed in the municipality imposing the tax and all amounts generated by the hotel operators' occupation tax shall be collected and the tax shall be enforced by the municipality in the same manner as all hotel operators' occupation taxes imposed in the municipality imposing the tax. The corporate authorities of the municipality shall deposit the proceeds of the taxes imposed under subsections (10) and (11) of Section 11-74.3-3 into a special fund of the municipality called the "[Name of] Business District Tax Allocation Fund" for the purpose of paying or reimbursing business district project costs and obligations incurred in the payment of those costs. (b) The corporate authorities of a municipality that has designated a business district under this Law may, by ordinance, impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the business district at a rate not to exceed 1% of the gross receipts from the sales made in the course of such business, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the rate of 1% under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 1, 1a through 1o, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability under this subsection by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect under the Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which retailers have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, on behalf of such municipality, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the municipalities provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality.
An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other requirements of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district and each address in the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax.
When certifying the amount of a monthly disbursement to a municipality under this subsection, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. If a tax is imposed under this subsection (b), a tax shall also be imposed under subsection (c) of this Section. (c) If a tax has been imposed under subsection (b), a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax shall be imposed at the same rate as the tax imposed in subsection (b) and shall not exceed 1% of the selling price of tangible personal property so transferred within the business district, to be imposed only in 0.25% increments. The tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the District does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. Each municipality must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Act, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department of Revenue shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure as are prescribed in Sections 2, 2a through 2d, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the business district), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the municipality), the first paragraph of Section 15, and Sections 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the business district retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes, penalties, and interest collected under this subsection for deposit into the business district retailers' occupation tax fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the District. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this subsection during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities from the business district retailers' occupation tax fund, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties under this subsection to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected under this subsection during the second preceding calendar month by the Department, less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019), which shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this subsection, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, provided for in this subsection to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. The proceeds of the tax paid to municipalities under this subsection shall be deposited into the Business District Tax Allocation Fund by the municipality. An ordinance imposing or discontinuing the tax under this subsection or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department, if all other requirements of this subsection are met, shall proceed to administer and enforce this subsection as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon, if all other conditions of this subsection are met, the Department shall proceed to administer and enforce this subsection as of the first day of January next following the adoption and filing. The Department of Revenue shall not administer or enforce an ordinance imposing, discontinuing, or changing the rate of the tax under this subsection, until the municipality also provides, in the manner prescribed by the Department, the boundaries of the business district in such a way that the Department can determine by its address whether a business is located in the business district. The municipality must provide this boundary and address information to the Department on or before April 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following July 1 and on or before October 1 for administration and enforcement of the tax under this subsection by the Department beginning on the following January 1. The Department of Revenue shall not administer or enforce any change made to the boundaries of a business district or address change, addition, or deletion until the municipality reports the boundary change or address change, addition, or deletion to the Department in the manner prescribed by the Department. The municipality must provide this boundary change information or address change, addition, or deletion to the Department on or before April 1 for administration and enforcement by the Department of the change beginning on the following July 1 and on or before October 1 for administration and enforcement by the Department of the change beginning on the following January 1. The retailers in the business district shall be responsible for charging the tax imposed under this subsection. If a retailer is incorrectly included or excluded from the list of those required to collect the tax under this subsection, both the Department of Revenue and the retailer shall be held harmless if they reasonably relied on information provided by the municipality. A municipality that imposes the tax under this subsection must submit to the Department of Revenue any other information as the Department may require for the administration and enforcement of the tax.
Nothing in this subsection shall be construed to authorize the municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. If a tax is imposed under this subsection (c), a tax shall also be imposed under subsection (b) of this Section. (d) By ordinance, a municipality that has designated a business district under this Law may impose an occupation tax upon all persons engaged in the business district in the business of renting, leasing, or letting rooms in a hotel, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 1% of the gross rental receipts from the renting, leasing, or letting of hotel rooms within the business district, to be imposed only in 0.25% increments, excluding, however, from gross rental receipts the proceeds of renting, leasing, or letting to permanent residents of a hotel, as defined in the Hotel Operators' Occupation Tax Act, and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by the municipality under this subsection and all civil penalties that may be assessed as an incident to that tax shall be collected and enforced by the municipality imposing the tax. The municipality shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of and compliance with this subsection, the municipality and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, shall be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and shall employ the same modes of procedure as are employed with respect to a tax adopted by the municipality under Section 8-3-14 of this Code. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their tax liability for that tax by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes imposed under the Hotel Operators' Occupation Tax Act, and with any other tax. Nothing in this subsection shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. The proceeds of the tax imposed under this subsection shall be deposited into the Business District Tax Allocation Fund.
(e) Obligations secured by the Business District Tax Allocation Fund may be issued to provide for the payment or reimbursement of business district project costs. Those obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing the issuance of those obligations by the receipts of taxes imposed pursuant to subsections (10) and (11) of Section 11-74.3-3 and by other revenue designated or pledged by the municipality. A municipality may in the ordinance pledge, for any period of time up to and including the dissolution date, all or any part of the funds in and to be deposited in the Business District Tax Allocation Fund to the payment of business district project costs and obligations. Whenever a municipality pledges all of the funds to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality may specifically provide that funds remaining to the credit of such business district tax allocation fund after the payment of such obligations shall be accounted for annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. Whenever a municipality pledges less than all of the monies to the credit of a business district tax allocation fund to secure obligations issued or to be issued to pay or reimburse business district project costs, the municipality shall provide that monies to the credit of the business district tax allocation fund and not subject to such pledge or otherwise encumbered or required for payment of contractual obligations for specific business district project costs shall be calculated annually and shall be deemed to be "surplus" funds, and such "surplus" funds shall be expended by the municipality for any business district project cost as approved in the business district plan. No obligation issued pursuant to this Law and secured by a pledge of all or any portion of any revenues received or to be received by the municipality from the imposition of taxes pursuant to subsection (10) of Section 11-74.3-3, shall be deemed to constitute an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such pledge provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes imposed pursuant to subsection (10) of Section 11-74.3-3 and received or to be received by the municipality from the development or redevelopment of properties in the business district. Without limiting the foregoing in this Section, the municipality may further secure obligations secured by the business district tax allocation fund with a pledge, for a period not greater than the term of the obligations and in any case not longer than the dissolution date, of any part or any combination of the following: (i) net revenues of all or part of any business district project; (ii) taxes levied or imposed by the municipality on any or all property in the municipality, including, specifically, taxes levied or imposed by the municipality in a special service area pursuant to the Special Service Area Tax Law; (iii) the full faith and credit of the municipality; (iv) a mortgage on part or all of the business district project; or (v) any other taxes or anticipated receipts that the municipality may lawfully pledge. Such obligations may be issued in one or more series, bear such date or dates, become due at such time or times as therein provided, but in any case not later than (i) 20 years after the date of issue or (ii) the dissolution date, whichever is earlier, bear interest payable at such intervals and at such rate or rates as set forth therein, except as may be limited by applicable law, which rate or rates may be fixed or variable, be in such denominations, be in such form, either coupon, registered, or book-entry, carry such conversion, registration and exchange privileges, be subject to defeasance upon such terms, have such rank or priority, be executed in such manner, be payable in such medium or payment at such place or places within or without the State, make provision for a corporate trustee within or without the State with respect to such obligations, prescribe the rights, powers, and duties thereof to be exercised for the benefit of the municipality and the benefit of the owners of such obligations, provide for the holding in trust, investment, and use of moneys, funds, and accounts held under an ordinance, provide for assignment of and direct payment of the moneys to pay such obligations or to be deposited into such funds or accounts directly to such trustee, be subject to such terms of redemption with or without premium, and be sold at such price, all as the corporate authorities shall determine. No referendum approval of the electors shall be required as a condition to the issuance of obligations pursuant to this Law except as provided in this Section. In the event the municipality authorizes the issuance of obligations pursuant to the authority of this Law secured by the full faith and credit of the municipality, or pledges ad valorem taxes pursuant to this subsection, which obligations are other than obligations which may be issued under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which ad valorem taxes are other than ad valorem taxes which may be pledged under home rule powers provided by Section 6 of Article VII of the Illinois Constitution or which are levied in a special service area pursuant to the Special Service Area Tax Law, the ordinance authorizing the issuance of those obligations or pledging those taxes shall be published within 10 days after the ordinance has been adopted, in a newspaper having a general circulation within the municipality. The publication of the ordinance shall be accompanied by a notice of (i) the specific number of voters required to sign a petition requesting the question of the issuance of the obligations or pledging such ad valorem taxes to be submitted to the electors; (ii) the time within which the petition must be filed; and (iii) the date of the prospective referendum. The municipal clerk shall provide a petition form to any individual requesting one. If no petition is filed with the municipal clerk, as hereinafter provided in this Section, within 21 days after the publication of the ordinance, the ordinance shall be in effect. However, if within that 21-day period a petition is filed with the municipal clerk, signed by electors numbering not less than 15% of the number of electors voting for the mayor or president at the last general municipal election, asking that the question of issuing obligations using full faith and credit of the municipality as security for the cost of paying or reimbursing business district project costs, or of pledging such ad valorem taxes for the payment of those obligations, or both, be submitted to the electors of the municipality, the municipality shall not be authorized to issue obligations of the municipality using the full faith and credit of the municipality as security or pledging such ad valorem taxes for the payment of those obligations, or both, until the proposition has been submitted to and approved by a majority of the voters voting on the proposition at a regularly scheduled election. The municipality shall certify the proposition to the proper election authorities for submission in accordance with the general election law. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Law, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Law secured by the full faith and credit of the municipality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all taxable property within the municipality sufficient to pay the principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of all other taxes authorized to be levied by the municipality, which levy, however, shall be abated to the extent that monies from other sources are available for payment of the obligations and the municipality certifies the amount of those monies available to the county clerk. A certified copy of the ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated, and shall constitute the authority for the extension and collection of the taxes to be deposited in the business district tax allocation fund. A municipality may also issue its obligations to refund, in whole or in part, obligations theretofore issued by the municipality under the authority of this Law, whether at or prior to maturity. However, the last maturity of the refunding obligations shall not be expressed to mature later than the dissolution date. In the event a municipality issues obligations under home rule powers or other legislative authority, the proceeds of which are pledged to pay or reimburse business district project costs, the municipality may, if it has followed the procedures in conformance with this Law, retire those obligations from funds in the business district tax allocation fund in amounts and in such manner as if those obligations had been issued pursuant to the provisions of this Law. No obligations issued pursuant to this Law shall be regarded as indebtedness of the municipality issuing those obligations or any other taxing district for the purpose of any limitation imposed by law. Obligations issued pursuant to this Law shall not be subject to the provisions of the Bond Authorization Act. (f) When business district project costs, including, without limitation, all obligations paying or reimbursing business district project costs have been paid, any surplus funds then remaining in the Business District Tax Allocation Fund shall be distributed to the municipal treasurer for deposit into the general corporate fund of the municipality. Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to subsection (10) or (11) of Section 11-74.3-3, the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsection (10) or (11) of Section 11-74.3-3.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.) |