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90_HB1374enr
70 ILCS 2605/4.10 from Ch. 42, par. 323.10
Amends the Metropolitan Water Reclamation District Act.
Provides that the Director shall note the duties of each
classification (now office or places) and fix lines of
promotion from lower classifications to higher
classifications (now from offices and places to superior
offices or places). Provides that promotion shall be made
where the experience gained in the lower classification tends
to qualify an employee to perform the duties of a higher
classification (now that the duties tend to fit the incumbent
for a superior position). Provides that when a vacancy in a
higher classification (now superior offices or places) cannot
be filled by reinstatement, the Director shall hold
promotional examinations. Provides that classifications in
the lines of promotion (now offices or places next lower) are
solely eligible for the examination. Provides that
efficiency and seniority shall form part of the examination
but shall not carry a weight or more than 25% of the total
examination points (now a total number of marks to exceed one
quarter of the maximum marks attainable). Makes other
changes.
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1 AN ACT concerning units of local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 County Economic Development Project Area Tax Increment
6 Allocation Act of 1997.
7 Section 5. Legislative declaration of public purpose.
8 (a) The General Assembly finds, determines, and declares
9 the following:
10 (1) The loss of job opportunities for the residents
11 of the State is a serious menace to the health, safety,
12 morals and general welfare of the people of the entire
13 State.
14 (2) A vigorous growing economy is the basic source
15 of job opportunities.
16 (3) Protection against the economic burdens
17 associated with the loss of job opportunities, the
18 consequent spread of economic stagnation, and the
19 resulting harm to the tax base of the State can best be
20 provided by promoting, attracting, stimulating,
21 retaining, and revitalizing industry, manufacturing, and
22 commerce within the State.
23 (4) The continual encouragement, development,
24 growth, and expansion of commercial businesses and
25 industrial and manufacturing facilities within the State
26 requires a cooperative and continuous partnership between
27 government and the private sector.
28 (5) The State has a responsibility to help create a
29 favorable climate for new and improved job opportunities
30 for its citizens and to increase the tax base of the
31 State and its political subdivisions by encouraging the
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1 development by the private sector of new commercial
2 businesses and industrial and manufacturing facilities
3 and the retention of existing commercial businesses and
4 industrial and manufacturing facilities within the State.
5 (6) Loss of job opportunities within the State has
6 persisted, despite efforts of State and local authorities
7 and private organizations to attract new commercial
8 businesses and industrial and manufacturing facilities to
9 the State and to retain existing commercial businesses
10 and industrial and manufacturing facilities within the
11 State, and there continue to be counties within the State
12 experiencing low rates of private investment for
13 commercial businesses and industrial and manufacturing
14 facilities.
15 (7) Persistent loss of job opportunities and the
16 existence of counties with low rates of private
17 investment for commercial businesses and industrial and
18 manufacturing facilities within the State may continue
19 and worsen if the State and its political subdivisions
20 are not able to provide additional incentives to
21 commercial businesses and industrial and manufacturing
22 facilities to locate or to remain in the State.
23 (8) The provision of additional incentives by the
24 State and its political subdivisions is intended to
25 relieve conditions of unemployment, maintain existing
26 levels of employment, create new job opportunities,
27 retain jobs within the State, increase industry and
28 commerce within the State, thereby creating job
29 opportunities for the residents of the State and reducing
30 the evils attendant upon unemployment, and increase the
31 tax base of the State and its political subdivisions.
32 (b) It is hereby declared to be the policy of the State,
33 in the interest of promoting the health, safety, morals, and
34 general welfare of all the people of the State, to provide
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1 incentives that will create new job opportunities and retain
2 existing commercial businesses and industrial and
3 manufacturing facilities within the State, and it is further
4 determined and declared that the relief of conditions of
5 unemployment, the maintenance of existing levels of
6 employment, the creation of new job opportunities, the
7 retention of existing commercial businesses and industrial
8 and manufacturing facilities within the State, the promotion
9 of new commercial businesses and industrial and manufacturing
10 facilities within the State, the increase of industry and
11 commerce within the State, the reduction of the evils
12 attendant upon unemployment, and the increase of the tax base
13 of the State and its political subdivisions are public
14 purposes and for the public safety, benefit, and welfare of
15 the residents of this State.
16 Section 10. Definitions. In this Act, words or terms
17 have the following meanings:
18 (a) "Economic development plan" means the written plan
19 of a county that sets forth an economic development program
20 for an economic development project area. Each economic
21 development plan shall include but not be limited to (i)
22 estimated economic development project costs, (ii) the
23 sources of funds to pay those costs, (iii) the nature and
24 term of any obligations to be issued by the county to pay
25 those costs, (iv) the most recent equalized assessed
26 valuation of the economic development project area, (v) an
27 estimate of the equalized assessed valuation of the economic
28 development project area after completion of an economic
29 development project, (vi) the estimated date of completion of
30 any economic development project proposed to be undertaken,
31 (vii) a general description of any proposed developer, user,
32 or tenant of any property to be located or improved within
33 the economic development project area, (viii) a description
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1 of the type, structure, and general character of the
2 facilities to be developed or improved, (ix) a report, which
3 may be in preliminary form, of an independent engineer,
4 architect, or other professional indicating that any proposed
5 manufacturing, industrial, research, or similar facility
6 included in a proposed economic development project for a
7 proposed economic development project area uses proven
8 technology or uses innovative technology for which there is
9 reasonable evidence of technological feasibility, (x) a
10 description of the general land uses to apply in the economic
11 development project area, (xi) a description of the type,
12 class, and number of employees to be employed in the
13 operation of the facilities to be developed or improved, and
14 (xii) a commitment by the county to fair employment practices
15 and an affirmative action plan with respect to any economic
16 development program to be undertaken by the county.
17 (b) "Economic development project" means any development
18 project in furtherance of the objectives of this Act.
19 (c) "Economic development project area" means any
20 improved or vacant area that (i) is located in a non-urban
21 county as defined in subsection (e) of this Section, (ii) is
22 contiguous, (iii) is not less in the aggregate than 2,500
23 acres, (iv) is suitable for siting by a commercial,
24 manufacturing, industrial, research, or transportation
25 enterprise or facilities to include but not be limited to
26 commercial businesses, offices, factories, mills, processing
27 plants, industrial or commercial distribution centers,
28 warehouses, repair overhaul or service facilities, freight
29 terminals, research facilities, test facilities, or
30 transportation facilities, regardless of whether the area has
31 been used at any time for those facilities and regardless of
32 whether the area has been used or is suitable for other uses,
33 including commercial agricultural purposes, and (v) has been
34 approved and certified by the corporate authorities of the
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1 county pursuant to this Act.
2 (d) "Economic development project costs" means and
3 includes the total of all reasonable or necessary costs
4 incurred or to be incurred by a county or by a
5 nongovernmental person pursuant to an economic development
6 project, including, without limitation, the following:
7 (1) Costs of studies, surveys, development of plans
8 and specifications, and implementation and administration
9 of an economic development plan and personnel and
10 professional service costs for architectural,
11 engineering, legal, marketing, financial, planning,
12 police, fire, public works, or other services. No
13 charges for professional services, however, may be based
14 on a percentage of incremental tax revenues.
15 (2) Property assembly costs within an economic
16 development project area, including but not limited to
17 acquisition of land and other real or personal property
18 or rights or interests in property.
19 (3) Site preparation costs, including but not
20 limited to clearance of any area within an economic
21 development project area by demolition or removal of any
22 existing buildings, structures, fixtures, utilities, and
23 improvements and clearing and grading; and including
24 installation, repair, construction, reconstruction, or
25 relocation of public streets, public utilities, and other
26 public site improvements located outside the boundaries
27 of an economic development project area that are
28 essential to the preparation of the economic development
29 project area for use in accordance with an economic
30 development plan.
31 (4) Costs of renovation, rehabilitation,
32 reconstruction, relocation, repair, or remodeling of any
33 existing buildings, improvements, and fixtures within an
34 economic development project area.
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1 (5) Costs of installation or construction within an
2 economic development project area of any buildings,
3 structures, works, streets, improvements, utilities, or
4 fixtures, whether publicly or privately owned or
5 operated.
6 (6) Financing costs, including but not limited to
7 all necessary and incidental expenses related to the
8 issuance of obligations, payment of any interest on any
9 obligations issued under this Act that accrues during the
10 estimated period of construction of any economic
11 development project for which the obligations are issued
12 and for not more than 36 months after that period, and
13 any reasonable reserves related to the issuance of the
14 obligations.
15 (7) All or a portion of a taxing district's capital
16 costs resulting from an economic development project
17 necessarily incurred or estimated to be incurred by a
18 taxing district in the furtherance of the objectives of
19 an economic development project, to the extent that the
20 county by written agreement accepts and approves those
21 costs.
22 (8) Relocation costs to the extent that a county
23 determines that relocation costs shall be paid or is
24 required to pay relocation costs by federal or State law.
25 (9) The estimated tax revenues from real property
26 in an economic development project area acquired by a
27 county that, according to the economic development plan,
28 is to be used for a private use (i) that any taxing
29 district would have received had the county not adopted
30 tax increment allocation financing for an economic
31 development project area and (ii) that would result from
32 the taxing district's levies made after the time of the
33 adoption by the county of tax increment allocation
34 financing to the time the current equalized assessed
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1 value of real property in the economic development
2 project area exceeds the total initial equalized value of
3 real property.
4 (10) Costs of rebating ad valorem taxes paid by any
5 developer or other nongovernmental person in whose name
6 the general taxes were paid for the last preceding year
7 on any lot, block, tract, or parcel of land in the
8 economic development project area, provided that:
9 (A) the ad valorem taxes shall be rebated only
10 in amounts and for a tax year or years as the county
11 and any one or more affected taxing districts have
12 agreed by prior written agreement;
13 (B) any amount of rebate of taxes shall not
14 exceed the portion, if any, of taxes levied by the
15 county or taxing district or districts that is
16 attributable to the increase in the current
17 equalized assessed valuation of each taxable lot,
18 block, tract, or parcel of real property in the
19 economic development project area over and above the
20 initial equalized assessed value of each property
21 existing at the time property tax allocation
22 financing was adopted for the economic development
23 project area; and
24 (C) costs of rebating ad valorem taxes shall
25 be paid by a county solely from the special tax
26 allocation fund established under this Act and shall
27 not be paid from the proceeds of any obligations
28 issued by a county.
29 (11) Costs of job training or advanced vocational
30 or career education, including but not limited to courses
31 in occupational, semi-technical, or technical fields
32 leading directly to employment, incurred by one or more
33 taxing districts, but only if the costs are related to
34 the establishment and maintenance of additional job
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1 training, advanced vocational education, or career
2 education programs for persons employed or to be employed
3 by employers located in the economic development project
4 area and only if, when the costs are incurred by a taxing
5 district or taxing districts other than the county, they
6 shall be set forth in a written agreement by or among the
7 county and the taxing district or taxing districts that
8 describes the program to be undertaken, including without
9 limitation the number of employees to be trained, a
10 description of the training and services to be provided,
11 the number and type of positions available or to be
12 available, itemized costs of the program and sources of
13 funds to pay the costs, and the term of the agreement.
14 These costs include, specifically, the payment by
15 community college districts of costs pursuant to Sections
16 3-37, 3-38, 3-40 and 3-40.1 of the Public Community
17 College Act and by school districts of costs pursuant to
18 Sections 10-22.20 and 10-23.3a of the School Code.
19 (12) Private financing costs incurred by a
20 developer or other nongovernmental person in connection
21 with an economic development project, provided that:
22 (A) private financing costs shall be paid or
23 reimbursed by a county only pursuant to the prior
24 official action of the county evidencing an intent
25 to pay or reimburse such private financing costs;
26 (B) except as provided in subparagraph (D),
27 the aggregate amount of the costs paid or reimbursed
28 by a county in any one year shall not exceed 30% of
29 the costs paid or incurred by the developer or other
30 nongovernmental person in that year;
31 (C) private financing costs shall be paid or
32 reimbursed by a county solely from the special tax
33 allocation fund established under this Act and shall
34 not be paid from the proceeds of any obligations
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1 issued by a county; and
2 (D) if there are not sufficient funds
3 available in the special tax allocation fund in any
4 year to make the payment or reimbursement in full,
5 any amount of the interest costs remaining to be
6 paid or reimbursed by a county shall accrue and be
7 payable when funds are available in the special tax
8 allocation fund to make the payment.
9 (e) A "non-urban county" means a county which, on the
10 date the corporate authorities of the county establish an
11 economic development project area as provided in this Act,
12 (i) does not have a population of less than 30,000 or in
13 excess of 38,000 and (ii) in which not more than 25% of the
14 total employees of private nonfarm establishments were
15 engaged in manufacturing during the previous calendar year,
16 as certified by the Illinois Department of Employment
17 Security.
18 (f) "Obligations" means any instrument evidencing the
19 obligation of a county to pay money, including without
20 limitation bonds, notes, installment or financing contracts,
21 certificates, tax anticipation warrants or notes, vouchers,
22 and any other evidence of indebtedness.
23 (g) "Taxing districts" means counties, townships, and
24 school, road, park, sanitary, mosquito abatement, forest
25 preserve, public health, fire protection, river conservancy,
26 tuberculosis sanitarium, and any other districts or other
27 municipal corporations with the power to levy taxes.
28 Section 15. Establishment of economic development
29 project areas; Notice.
30 (a) The corporate authorities of a county shall by
31 ordinance propose the establishment of an economic
32 development project area and fix a time and place for a
33 public hearing.
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1 (b) Notice of the public hearing shall be given by
2 publication and mailing. Notice by publication shall be given
3 by publication at least twice, the first publication to be
4 not more than 30 nor less than 10 days before the hearing in
5 a newspaper of general circulation within the taxing
6 districts having property in the proposed economic
7 development project area. Notice by mailing shall be given
8 by depositing the notice together with a copy of the proposed
9 economic development plan in the United States mails by
10 certified mail addressed to the person or persons in whose
11 name the general taxes for the last preceding year were paid
12 on each lot, block, tract, or parcel of land lying within the
13 economic development project area. The notice shall be
14 mailed not less than 10 days before the date set for the
15 public hearing. If taxes for the last preceding year were
16 not paid, the notice shall also be sent to the persons last
17 listed on the tax rolls within the preceding 3 years as the
18 owners of the property.
19 (c) The notices issued under this Section shall include
20 the following:
21 (1) The time and place of the public hearing.
22 (2) The boundaries of the proposed economic
23 development project area by legal description and by
24 street location where possible.
25 (3) A notification that all interested persons will
26 be given an opportunity to be heard at the public
27 hearing.
28 (4) An invitation for any person to submit
29 alternative proposals or bids for any proposed
30 conveyance, lease, mortgage, or other disposition of land
31 within the proposed economic development project area.
32 (5) A description of the economic development plan
33 or economic development project for the proposed economic
34 development project area if a plan or project is the
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1 subject matter of the hearing.
2 (6) Other matters the county deems appropriate.
3 (d) Not less than 30 days before the date set for the
4 hearing, the county shall give notice by mail as provided in
5 this Section to all taxing districts that have taxable
6 property included in the economic development project area.
7 In addition to the other requirements of this Section, the
8 notice shall include the following:
9 (1) An invitation, to a representative designated
10 by the taxing district, to serve as a member of a joint
11 review board and to attend a meeting of the joint review
12 board to be held not less than 15 days before the public
13 hearing for the purpose of reviewing the proposed
14 economic development plan.
15 (2) Information as to the time, date, and place of
16 the meeting of the joint review board.
17 (3) A statement that the joint review board is
18 invited to submit any oral or written comments on the
19 proposed economic development project at or before the
20 public hearing and the name, address, and telephone
21 number of the person designated by the county to receive
22 comments before the public hearing.
23 (4) A copy of the proposed economic development
24 plan if the economic development plan is the subject of
25 the public hearing.
26 Section 20. Public hearing. At the public hearing, any
27 interested person or any affected taxing district may file
28 with the county clerk written objections and may be heard
29 orally with respect to any issues embodied in the notice.
30 The county shall hear and determine all protests and
31 objections at the hearing, and the hearing may be adjourned
32 to another date without further notice other than a motion to
33 be entered upon the minutes fixing the time and place of the
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1 adjourned hearing. Public hearings with regard to an
2 economic development plan, economic development project area,
3 or economic development project may be held simultaneously.
4 Section 25. Changes in plan.
5 (a) At the public hearing or at any time before the
6 adoption by the county of an ordinance approving an economic
7 development plan, the county may make changes in the economic
8 development plan. Changes that (i) alter the exterior
9 boundaries of the proposed economic development project area,
10 (ii) substantially affect the general land uses proposed in
11 the proposed economic development plan, (iii) substantially
12 change the nature of the proposed economic development
13 project, (iv) change the general description of any proposed
14 developer, user, or tenant of any property to be located or
15 improved within the proposed economic development project
16 area, or (v) change the description or the type, class, and
17 number of employees to be employed in the operation of the
18 facilities to be developed or improved within the economic
19 development project area shall be made only after notice and
20 hearing pursuant to the procedures set forth in this Section.
21 (b) Changes that do not (i) alter the exterior
22 boundaries of a proposed economic development project area,
23 (ii) substantially affect the general land uses proposed in
24 the proposed economic development plan, (iii) substantially
25 change the nature of the proposed economic development
26 project, (iv) change the general description of any proposed
27 developer, user, or tenant of any property to be located or
28 improved within the economic development project area, or (v)
29 change the description of the type, class, and number of
30 employees to be employed in the operation of the facilities
31 to be developed or improved within the economic development
32 project area may be made without further hearing, provided
33 that the county shall give notice of its changes by mail to
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1 each affected taxing district and by publication in a
2 newspaper or newspapers of general circulation within the
3 affected taxing district. The notice by mail and by
4 publication shall each be given not later than 10 days
5 following the adoption by ordinance of the changes.
6 Section 30. Ordinance adopted after public hearing.
7 (a) At any time within 30 days of the final adjournment
8 of the public hearing, a county may, by ordinance, approve
9 the economic development plan, establish the economic
10 development project area, and authorize tax increment
11 allocation financing for the economic development project
12 area. Any ordinance adopted that approves the economic
13 development plan shall contain findings (i) that the economic
14 development project is reasonably expected to create or
15 retain not fewer than 100 full-time equivalent jobs within a
16 stated period after the completion of the proposed economic
17 development project (the period being reasonable in light of
18 the nature, type, and size of the proposed project), (ii)
19 that private investment in an amount not less than
20 $100,000,000 is reasonably expected to occur as a result of
21 the economic development project, (iii) that the economic
22 development project will encourage the increase of commerce
23 and industry within the State, thereby reducing the evils
24 attendant upon unemployment and increasing opportunities for
25 personal income, and (iv) that the economic development
26 project will increase or maintain the property, sales, and
27 income tax bases of the county and of the State. Any
28 ordinance adopted that establishes an economic development
29 project area shall contain the boundaries of the area by
30 legal description and, where possible, by street location.
31 Any ordinance adopted that authorizes tax increment
32 allocation financing shall provide that the ad valorem taxes,
33 if any, arising from the levies upon taxable real property in
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1 the economic development project area by taxing districts and
2 tax rates determined in the manner provided in subsection
3 (b) of Section 45 each year after the effective date of the
4 ordinance until economic development project costs and all
5 county obligations financing economic development project
6 costs incurred under this Act have been paid shall be divided
7 as follows:
8 (1) That portion of taxes levied upon each taxable
9 lot, block, tract, or parcel of real property that is
10 attributable to the lower of the current equalized
11 assessed value or the initial equalized assessed value of
12 each taxable lot, block, tract, or parcel of real
13 property in the economic development project area shall
14 be allocated to (and when collected shall be paid by the
15 county collector to) the respective affected taxing
16 districts in the manner required by law in the absence of
17 the adoption of tax increment allocation financing.
18 (2) That portion, if any, of the taxes that is
19 attributable to the increase in the current equalized
20 assessed valuation of each taxable lot, block, tract, or
21 parcel of real property in the economic development
22 project area over and above the initial equalized
23 assessed value of each property in the economic
24 development project area shall be allocated to (and when
25 collected shall be paid to) the county treasurer, who
26 shall deposit the taxes into a special fund called the
27 special tax allocation fund of the county for the purpose
28 of paying economic development project costs and
29 obligations incurred in the payment of those costs.
30 (b) In adopting an ordinance or ordinances under this
31 Section, the county shall consider (i) whether, without
32 public intervention, the economic development project area
33 would not otherwise benefit from private investment offering
34 substantial employment opportunities and economic growth and
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1 (ii) the impact on the revenues of the affected taxing
2 districts of the use of tax increment allocation financing
3 for the proposed economic development project.
4 Section 35. Amendment of plan.
5 (a) After a county has by ordinance approved an economic
6 development plan and established an economic development
7 project area, the plan may be amended and the boundaries of
8 the area may be altered only as provided in this Section.
9 Amendments that (i) alter the exterior boundaries of the
10 proposed economic development project area, (ii)
11 substantially affect the general land uses proposed in the
12 proposed economic development plan, (iii) substantially
13 change the nature of the proposed economic development
14 project, (iv) change the general description of any proposed
15 developer, user, or tenant of any property to be located or
16 improved within the proposed economic development project
17 area, or (v) change the description or the type, class, and
18 number of employees to be employed in the operation of the
19 facilities to be developed or improved within the economic
20 development project area shall be made only after notice and
21 a hearing pursuant to the procedures set forth in this Act.
22 (b) Amendments that do not (i) alter the exterior
23 boundaries of a proposed economic development project area,
24 (ii) substantially affect the general land uses proposed in
25 the proposed economic development plan, (iii) substantially
26 change the nature of the proposed economic development
27 project, (iv) change the general description of any proposed
28 developer, user, or tenant of any property to be located or
29 improved within the economic development project area, or (v)
30 change the description of the type, class, and number of
31 employees to be employed in the operation of the facilities
32 to be developed or improved within the economic development
33 project area may be made without further hearing, provided
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1 that the county shall give notice of its changes by mail to
2 each affected taxing district and by publication in a
3 newspaper or newspapers of general circulation within the
4 affected taxing district. The notice by mail and by
5 publication shall each be given not later than 10 days
6 following the adoption by ordinance of the amendment.
7 Section 40. Limitation on number of economic development
8 project areas. No county shall be authorized under this Act
9 to establish economic development project areas and to adopt
10 tax increment allocation financing for those areas later than
11 20 months following the effective date of this Act.
12 Section 45. Filing with county clerk; certification of
13 initial equalized assessed value.
14 (a) A county that has by ordinance approved an economic
15 development plan, established an economic development project
16 area, and adopted tax increment allocation financing for that
17 area shall file certified copies of the ordinance or
18 ordinances with the county clerk. Upon receiving the
19 ordinance or ordinances, the county clerk shall immediately
20 determine (i) the most recently ascertained equalized
21 assessed value of each lot, block, tract, or parcel of real
22 property within the economic development project area from
23 which shall be deducted the homestead exemptions provided by
24 Sections 15-170 and 15-175 of the Property Tax Code (that
25 value being the "initial equalized assessed value" of each
26 such piece of property) and (ii) the total equalized assessed
27 value of all taxable real property within the economic
28 development project area by adding together the most recently
29 ascertained equalized assessed value of each taxable lot,
30 block, tract, or parcel of real property within the economic
31 development project area, from which shall be deducted the
32 homestead exemptions provided by Sections 15-170 and 15-175
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1 of the Property Tax Code, and shall certify that amount as
2 the "total initial equalized assessed value" of the taxable
3 real property within the economic development project area.
4 (b) After the county clerk has certified the "total
5 initial equalized assessed value" of the taxable real
6 property in the economic development project area, then in
7 respect to every taxing district containing an economic
8 development project area, the county clerk or any other
9 official required by law to ascertain the amount of the
10 equalized assessed value of all taxable property within the
11 taxing district for the purpose of computing the rate per
12 cent of tax to be extended upon taxable property within the
13 taxing district shall, in every year that tax increment
14 allocation financing is in effect, ascertain the amount of
15 value of taxable property in an economic development project
16 area by including in that amount the lower of the current
17 equalized assessed value or the certified "total initial
18 equalized assessed value" of all taxable real property in the
19 area. The rate per cent of tax determined shall be extended
20 to the current equalized assessed value of all property in
21 the economic development project area in the same manner as
22 the rate per cent of tax is extended to all other taxable
23 property in the taxing district. The method of extending
24 taxes established under this Section shall terminate when the
25 county adopts an ordinance dissolving the special tax
26 allocation fund for the economic development project area.
27 This Act shall not be construed as relieving property owners
28 within an economic development project area from paying a
29 uniform rate of taxes upon the current equalized assessed
30 value of their taxable property as provided in the Property
31 Tax Code.
32 Section 50. Special tax allocation fund.
33 (a) If a county clerk has certified the "total initial
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1 equalized assessed value" of the taxable real property within
2 an economic development project area in the manner provided
3 in Section 45, each year after the date of the certification
4 by the county clerk of the "total initial equalized assessed
5 value", until economic development project costs and all
6 county obligations financing economic development project
7 costs have been paid, the ad valorem taxes, if any, arising
8 from the levies upon the taxable real property in the
9 economic development project area by taxing districts and tax
10 rates determined in the manner provided in subsection (b) of
11 Section 45 shall be divided as follows:
12 (1) That portion of the taxes levied upon each
13 taxable lot, block, tract, or parcel of real property
14 that is attributable to the lower of the current
15 equalized assessed value or the initial equalized
16 assessed value of each taxable lot, block, tract, or
17 parcel of real property existing at the time tax
18 increment financing was adopted shall be allocated to
19 (and when collected shall be paid by the county collector
20 to) the respective affected taxing districts in the
21 manner required by law in the absence of the adoption of
22 tax increment allocation financing.
23 (2) That portion, if any, of the taxes that is
24 attributable to the increase in the current equalized
25 assessed valuation of each taxable lot, block, tract, or
26 parcel of real property in the economic development
27 project area, over and above the initial equalized
28 assessed value of each property existing at the time tax
29 increment financing was adopted, shall be allocated to
30 (and when collected shall be paid to) the county
31 treasurer, who shall deposit the taxes into a special
32 fund (called the special tax allocation fund of the
33 county) for the purpose of paying economic development
34 project costs and obligations incurred in the payment of
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1 those costs.
2 (b) The county, by an ordinance adopting tax increment
3 allocation financing, may pledge the monies in and to be
4 deposited into the special tax allocation fund for the
5 payment of obligations issued under this Act and for the
6 payment of economic development project costs. No part of
7 the current equalized assessed valuation of each property in
8 the economic development project area attributable to any
9 increase above the total initial equalized assessed value of
10 those properties shall be used in calculating the general
11 State school aid formula under Section 18-8 of the School
12 Code until all economic development projects costs have been
13 paid as provided for in this Section.
14 (c) When the economic development projects costs,
15 including without limitation all county obligations financing
16 economic development project costs incurred under this Act,
17 have been paid, all surplus monies then remaining in the
18 special tax allocation fund shall be distributed by being
19 paid by the county treasurer to the county collector, who
20 shall immediately pay the monies to the taxing districts
21 having taxable property in the economic development project
22 area in the same manner and proportion as the most recent
23 distribution by the county collector to those taxing
24 districts of real property taxes from real property in the
25 economic development project area.
26 (d) Upon the payment of all economic development project
27 costs, retirement of obligations, and distribution of any
28 excess monies under this Section, the county shall adopt an
29 ordinance dissolving the special tax allocation fund for the
30 economic development project area and terminating the
31 designation of the economic development project area as an
32 economic development project area. Thereafter, the rates of
33 the taxing districts shall be extended and taxes shall be
34 levied, collected, and distributed in the manner applicable
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1 in the absence of the adoption of tax increment allocation
2 financing.
3 (e) Nothing in this Section shall be construed as
4 relieving property in the economic development project areas
5 from being assessed as provided in the Property Tax Code or
6 as relieving owners of that property from paying a uniform
7 rate of taxes as required by Section 4 of Article 9 of the
8 Illinois Constitution.
9 Section 55. Issuance of obligations for economic
10 development project costs.
11 (a) Obligations secured by the special tax allocation
12 fund provided for in Section 50 for the economic development
13 project area may be issued to provide for the payment of
14 economic development project costs. The obligations, when
15 issued, shall be retired in the manner provided in the
16 ordinance authorizing the issuance of the obligations by the
17 receipts of taxes levied as specified in Section 45 against
18 the taxable property included in the economic development
19 project area and by other revenue designated or pledged by
20 the county. A county may in the ordinance pledge all or any
21 part of the monies in and to be deposited into the special
22 tax allocation fund created under Section 50 to the payment
23 of the economic development project costs and obligations.
24 Whenever a county pledges all of the monies to the credit of
25 a special tax allocation fund to secure obligations issued or
26 to be issued to pay economic development project costs, the
27 county may specifically provide that monies remaining to the
28 credit of the special tax allocation fund after the payment
29 of the obligations shall be accounted for annually and shall
30 be deemed to be "surplus" monies, and those "surplus" monies
31 shall be distributed as provided in this Section. Whenever a
32 county pledges less than all of the monies to the credit of
33 the special tax allocation fund to secure obligations issued
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1 or to be issued to pay economic development project costs,
2 the county shall provide that monies to the credit of the
3 special tax allocation fund and not subject to the pledge or
4 otherwise encumbered or required for payment of contractual
5 obligations for specific economic development project costs
6 shall be calculated annually and shall be deemed to be
7 "surplus" monies, and those "surplus" monies shall be
8 distributed as provided in this Section. All monies to the
9 credit of the special tax allocation fund that are deemed to
10 be "surplus" monies shall be distributed annually within 180
11 days after the close of the county's fiscal year by being
12 paid by the county treasurer to the county collector. The
13 county collector shall thereafter make distribution to the
14 respective taxing districts in the same manner and proportion
15 as the most recent distribution by the county collector to
16 those taxing districts of real property taxes from real
17 property in the economic development project area.
18 (b) Without limiting the provisions of subsection (a),
19 the county may, in addition to obligations secured by the
20 special tax allocation fund, pledge (for a period not greater
21 than the term of the obligations) towards payment of those
22 obligations any part or any combination of the following:
23 (i) net revenues of all or part of the economic development
24 project; (ii) taxes levied and collected on any or all
25 property in the county including, specifically, taxes levied
26 or imposed by the county in a special service area under the
27 Special Service Area Tax Act; (iii) the full faith and credit
28 of the county; (iv) a mortgage on part or all of the economic
29 development project; or (v) any other taxes or anticipated
30 receipts that the county may lawfully pledge.
31 (c) The obligations may be issued in one or more series
32 bearing interest at a rate or rates the county determines by
33 ordinance. The rate or rates may be variable or fixed,
34 without regard to any limitations contained in any law now in
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1 effect or hereafter adopted. The obligations shall bear a
2 date or dates, mature at a time or times not exceeding 20
3 years from their respective dates (but in no event exceeding
4 23 years from the date of establishment of the economic
5 development project area), be in a denomination, be in a form
6 (whether coupon, registered, or book-entry), carry
7 registration, conversion, and exchange privileges, be
8 executed in a manner, be payable in a medium of payment at a
9 place or places within or without the State of Illinois,
10 contain covenants, terms, and conditions, be subject to
11 redemption with or without premium, be subject to defeasance
12 upon terms, and have rank or priority as the ordinance
13 provides. Obligations issued under this Act may be sold at
14 public or private sale at a price determined by the corporate
15 authorities of the county. The obligations may, but need
16 not, be issued utilizing the provisions of any one or more of
17 the Omnibus Bond Acts specified in Section 1.33 of the
18 Statute on Statutes. No referendum approval of the electors
19 shall be required as a condition to the issuance of
20 obligations under this Act except as provided in this
21 Section.
22 (d) If the county authorizes the issuance of obligations
23 under this Act secured by the full faith and credit of the
24 county or pledges ad valorem taxes under clause (ii) of
25 subsection (b) of this Section (and the obligations are other
26 than obligations that may be issued under home rule powers
27 provided by Article VII, Section 6 of the Illinois
28 Constitution, or the ad valorem taxes are other than ad
29 valorem taxes that may be pledged under home rule powers
30 provided by Article VII, Section 6 of the Illinois
31 Constitution or that are levied in a special service area
32 under the Special Service Area Tax Act), the ordinance
33 authorizing the issuance of the obligations or pledging those
34 taxes shall be published within 10 days after the ordinance
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1 has been passed in one or more newspapers having a general
2 circulation within the county. The publication of the
3 ordinance shall be accompanied by a notice of (i) the
4 specific number of voters required to sign a petition
5 requesting the question of the issuance of the obligations or
6 pledging ad valorem taxes to be submitted to the electors;
7 (ii) the time in which the petition must be filed; and (iii)
8 the date of the prospective referendum. The county clerk
9 shall provide a petition form to any individual requesting
10 one.
11 (e) If no petition is filed with the clerk of the county
12 that adopted the ordinance within 30 days after the
13 publication of the ordinance, the ordinance shall be in
14 effect. If, however, within that 30-day period a petition is
15 filed with the county clerk, signed by electors numbering not
16 less than 10% of the registered voters in the county, asking
17 that the question of issuing obligations using the full faith
18 and credit of the county as security for the cost of paying
19 for economic development project costs or of pledging ad
20 valorem taxes for the payment of those obligations, or both,
21 be submitted to the electors of the county, the county shall
22 not be authorized to issue obligations of the county using
23 the full faith and credit of the county as security or
24 pledging ad valorem taxes for the payment of the obligations,
25 or both, until the proposition has been submitted to and
26 approved by a majority of the voters voting on the
27 proposition at a regularly scheduled election. The county
28 shall certify the proposition to the proper election
29 authorities for submission in accordance with the general
30 election law.
31 (f) The ordinance authorizing the obligations may
32 provide that the obligations shall contain a recital that
33 they are issued under this Act, and that recital shall be
34 conclusive evidence of their validity and of the regularity
HB1374 Enrolled -24- LRB9001775MWpc
1 of their issuance.
2 (g) If the county authorizes the issuance of obligations
3 under this Act secured by the full faith and credit of the
4 county, the ordinance authorizing the obligations may provide
5 for the levy and collection of a direct annual tax upon all
6 taxable property within the county sufficient to pay the
7 principal of and interest on the obligations as it matures.
8 The levy may be in addition to and exclusive of the maximum
9 of all other taxes authorized to be levied by the county, but
10 shall be abated to the extent that monies from other sources
11 are available for payment of the obligations and the county
12 certifies the amount of those monies available to the county
13 clerk.
14 (h) A county shall file a certified copy of an
15 ordinance authorizing the issuance of obligations under this
16 Act with the county clerk. The filing shall constitute the
17 authority for the extension and collection of the taxes to be
18 deposited in the special tax allocation fund.
19 (i) A county may also issue its obligations to refund,
20 in whole or in part, obligations previously issued by the
21 county under this Act, whether at or prior to maturity. The
22 last maturity of the refunding obligations, however, shall
23 not be expressed to mature later than 23 years from the date
24 of the ordinance approving the economic development project
25 area.
26 (j) If a county issues obligations under home rule
27 powers or other legislative authority, the proceeds of which
28 are pledged to pay for economic development project costs,
29 the county may, if it has followed the procedures set forth
30 in this Act, retire those obligations from monies in the
31 special tax allocation fund in amounts and a manner as if
32 those obligations had been issued under this Act.
33 (k) No obligations issued under this Act shall be
34 regarded as an indebtedness of the county issuing the
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1 obligations or any other taxing district for the purpose of
2 any limitation imposed by law.
3 (l) Obligations issued under this Act shall not be
4 subject to the Bond Authorization Act.
5 Section 60. Powers of counties; economic development
6 project area commissions. In addition to powers that it may
7 now have, a county has the following powers under this Act:
8 (1) To make and enter into all contracts necessary
9 or incidental to the implementation and furtherance of an
10 economic development plan.
11 (2) Within an economic development project area, to
12 acquire by purchase, donation, lease, or eminent domain
13 and to own, convey, lease, mortgage, or dispose of land
14 and other real or personal property or rights or
15 interests in property and to grant or acquire licenses,
16 easements, and options with respect to property, all in
17 the manner and at a price the county determines is
18 reasonably necessary to achieve the objectives of the
19 economic development project. No conveyance, lease,
20 mortgage, disposition of land, or agreement relating to
21 the development of property shall be made or executed
22 except pursuant to prior official action of the county.
23 No conveyance, lease, mortgage, or other disposition of
24 land, and no agreement relating to the development of
25 property, shall be made without making public disclosure
26 of the terms and disposition of all bids and proposals
27 submitted to the county in connection with that action.
28 (3) To clear any area within an economic
29 development project area by demolition or removal of any
30 existing buildings, structures, fixtures, utilities, or
31 improvements and to clear and grade land.
32 (4) To install, repair, construct, reconstruct, or
33 relocate public streets, public utilities, and other
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1 public site improvements located outside the boundaries
2 of an economic development project area that are
3 essential to the preparation of an economic development
4 project area for use in accordance with an economic
5 development plan.
6 (5) To renovate, rehabilitate, reconstruct,
7 relocate, repair, or remodel any existing buildings,
8 improvements, and fixtures within an economic development
9 project area.
10 (6) To install or construct any buildings,
11 structures, works, streets, improvements, utilities, or
12 fixtures within an economic development project area.
13 (7) To issue obligations as provided in this Act.
14 (8) To fix, charge, and collect fees, rents, and
15 charges for the use of any building, facility, or
16 property or any portion of a building, facility, or
17 property owned or leased by the county within an economic
18 development project area.
19 (9) To accept grants, guarantees, donations of
20 property or labor, or any other thing of value for use in
21 connection with an economic development project.
22 (10) To pay or cause to be paid economic
23 development project costs, including, specifically, to
24 reimburse any nongovernmental person for economic
25 development project costs incurred by that person. Any
26 payments to be made by a county to developers or other
27 nongovernmental persons for economic development project
28 costs incurred by the developer or other nongovernmental
29 person shall be made only pursuant to the prior official
30 action of the county evidencing an intent to pay or cause
31 to be paid those economic development costs. A county is
32 not required to obtain any right, title, or interest in
33 any real or personal property in order to pay economic
34 development project costs associated with the property.
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1 The county shall adopt accounting procedures necessary to
2 determine that the economic development project costs are
3 properly paid.
4 (11) To exercise any and all other powers necessary
5 to effectuate the purposes of this Act.
6 (12) To create a commission of not less than 5 or
7 more than 15 persons to be appointed by the corporate
8 authorities of the county. Members of a commission shall
9 be appointed for initial terms of 1, 2, 3, 4, and 5
10 years, respectively, in numbers to provide that the terms
11 of not more than one-third of all the members shall
12 expire in any one year. Their successors shall be
13 appointed for a term of 5 years. The commission, subject
14 to approval of the corporate authorities, may exercise
15 the powers enumerated in this Section. The commission
16 also may hold the public hearings required by this Act
17 and make recommendations to the corporate authorities
18 concerning the approval of economic development plans,
19 the establishment of economic development project areas,
20 and the adoption of tax increment allocation financing
21 for economic development project areas.
22 Section 65. Conflicts of interest; disclosure.
23 (a) If any member of the corporate authorities of a
24 county or an employee or consultant of the county involved in
25 the planning, analysis, preparation, or administration of an
26 economic development plan or an economic development project
27 (or a proposed economic development plan or proposed economic
28 development project) owns or controls any direct or indirect
29 interest in any property included in an economic development
30 project area or proposed economic development project area,
31 he or she shall disclose the interest in writing to the
32 county clerk. The disclosure shall include the dates, terms,
33 and conditions of any disposition of any such interest. The
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1 disclosures shall be acknowledged by the corporate
2 authorities of the county and entered upon the official
3 records and files of the corporate authorities.
4 (b) An individual holding an interest shall refrain from
5 any further official involvement regarding the established or
6 proposed economic development project area, economic
7 development plan, or economic development project and shall
8 also refrain from voting on any matter pertaining to that
9 project, plan, or area and from communicating with any
10 members of the corporate authorities or any employees or
11 consultants of the county regarding any matter relating to
12 the project, plan, or area.
13 (c) No member of the corporate authorities of the county
14 and no employee of the county shall acquire any direct or
15 indirect interest in any real or personal property or rights
16 or interest in property within an economic development
17 project area or a proposed economic development project area
18 after the person obtains knowledge of the project, plan, or
19 area or after the first public notice of the project, plan,
20 or area is given by the county, whichever first occurs.
21 Section 70. Payment of project costs; revenues from
22 county property. Revenues received by the county from any
23 property, building, or facility owned, leased, or operated by
24 the county or any agency or authority established by the
25 county may be used to pay economic development project costs
26 or reduce outstanding obligations of the county incurred
27 under this Act for economic development project costs. The
28 county may place those revenues in the special tax allocation
29 fund, which shall be held by the county treasurer or other
30 person designated by the county. Revenue received by the
31 county from the sale or other disposition of real property
32 acquired by the county with the proceeds of obligations
33 funded by tax increment allocation financing shall be
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1 deposited by the county in the special tax allocation fund.
2 Section 75. Partial invalidity. If any Section,
3 subdivision, paragraph, sentence, or clause of this Act is,
4 for any reason, held to be invalid or unconstitutional, that
5 decision shall not affect any remaining portion, Section or
6 part of this Act that can be given effect without the invalid
7 provision.
8 Section 105. The Bond Authorization Act is amended by
9 changing Section 6 as follows:
10 (30 ILCS 305/6) (from Ch. 17, par. 6606)
11 Sec. 6. Obligations issued to finance redevelopment
12 projects pursuant to the Tax Increment Allocation
13 Redevelopment Act or economic development projects pursuant
14 to the County Economic Development Project Area Tax Increment
15 Allocation Act of 1997 shall not be subject to the provisions
16 of this Act.
17 (Source: P.A. 84-1418.)
18 Section 110. The Illinois Municipal Code is amended by
19 changing Sections 7-3-6 and 11-74.4-9 as follows:
20 (65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
21 Sec. 7-3-6. Disconnection by court order. The owner or
22 owners of record of any area of land consisting of one or
23 more tracts, lying within the corporate limits of any
24 municipality may have such territory disconnected which (1)
25 contains 20 or more acres; (2) is located on the border of
26 the municipality; (3) if disconnected, will not result in the
27 isolation of any part of the municipality from the remainder
28 of the municipality, (4) if disconnected, the growth
29 prospects and plan and zoning ordinances, if any, of such
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1 municipality will not be unreasonably disrupted, (5) if
2 disconnected, no substantial disruption will result to
3 existing municipal service facilities, such as, but not
4 limited to, sewer systems, street lighting, water mains,
5 garbage collection and fire protection, (6) if disconnected
6 the municipality will not be unduly harmed through loss of
7 tax revenue in the future, and (7) in counties with a
8 population between 750,000 and 2,000,000, is contiguous to
9 unincorporated territory. The procedure for disconnection
10 shall be as follows: The owner or owners of record of any
11 such area of land shall file a petition in the circuit court
12 of the county where the land is situated, alleging facts in
13 support of the disconnection. The municipality from which
14 disconnection is sought shall be made a defendant, and it, or
15 any taxpayer residing in that municipality, may appear and
16 defend against the petition. If the court finds that the
17 allegations of the petition are true and that the area of
18 land is entitled to disconnection it shall order the
19 specified land disconnected from the designated municipality.
20 If the circuit court finds that the allegations contained in
21 the petition are not true, the court shall enter an order
22 dismissing the petition.
23 An area of land, or any part thereof, disconnected under
24 the provisions of this section from a municipality which was
25 incorporated at least 2 years prior to the date of the filing
26 of such petition for disconnection shall not be subdivided
27 into lots and blocks within 1 year from the date of such
28 disconnecting. A plat of any such proposed subdivision shall
29 not be accepted for recording or registration within such one
30 year period, unless the land comprising such proposed
31 subdivision shall have been thereafter incorporated into a
32 municipality.
33 (Source: P.A. 83-1362.)
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1 (65 ILCS 5/11-74.4-9) (from Ch. 24, par. 11-74.4-9)
2 Sec. 11-74.4-9. (a) If a municipality by ordinance
3 provides for tax increment allocation financing pursuant to
4 Section 11-74.4-8, the county clerk immediately thereafter
5 shall determine (1) the most recently ascertained equalized
6 assessed value of each lot, block, tract or parcel of real
7 property within such redevelopment project area from which
8 shall be deducted the homestead exemptions provided by
9 Sections 15-170 and 15-175 of the Property Tax Code, which
10 value shall be the "initial equalized assessed value" of each
11 such piece of property, and (2) the total equalized assessed
12 value of all taxable real property within such redevelopment
13 project area by adding together the most recently ascertained
14 equalized assessed value of each taxable lot, block, tract,
15 or parcel of real property within such project area, from
16 which shall be deducted the homestead exemptions provided by
17 Sections 15-170 and 15-175 of the Property Tax Code, and
18 shall certify such amount as the "total initial equalized
19 assessed value" of the taxable real property within such
20 project area.
21 (b) In reference to any municipality which has adopted
22 tax increment financing after January 1, 1978, and in respect
23 to which the county clerk has certified the "total initial
24 equalized assessed value" of the property in the
25 redevelopment area, the municipality may thereafter request
26 the clerk in writing to adjust the initial equalized value of
27 all taxable real property within the redevelopment project
28 area by deducting therefrom the exemptions provided for by
29 Sections 15-170 and 15-175 of the Property Tax Code
30 applicable to each lot, block, tract or parcel of real
31 property within such redevelopment project area. The county
32 clerk shall immediately after the written request to adjust
33 the total initial equalized value is received determine the
34 total homestead exemptions in the redevelopment project area
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1 provided by Sections 15-170 and 15-175 of the Property Tax
2 Code by adding together the homestead exemptions provided by
3 said Sections on each lot, block, tract or parcel of real
4 property within such redevelopment project area and then
5 shall deduct the total of said exemptions from the total
6 initial equalized assessed value. The county clerk shall
7 then promptly certify such amount as the "total initial
8 equalized assessed value as adjusted" of the taxable real
9 property within such redevelopment project area.
10 (b-5) Notwithstanding any other provision to the
11 contrary, if within any redevelopment project area the
12 municipality has obtained ownership of additional parcels
13 within 2 years of adoption of the ordinance establishing tax
14 increment allocation financing and such ownership would
15 result in an exemption under Section 15-60 of the Property
16 Tax Code, and such properties constitute not more than 7
17 parcels with a total acreage of not more than 20 acres and
18 not less than 10 acres, then the clerk shall adjust the
19 initial equalized assessed value of all taxable real property
20 within the redevelopment project area by deducting therefrom
21 the exemption provided by Section 15-60 to the applicable
22 parcels within the redevelopment project area. The county
23 clerk shall determine the total exemption under Section 15-60
24 of the Property Tax Code for the additional parcels obtained
25 by the municipality and then shall deduct the total of the
26 exemptions granted under that Section for the parcels from
27 the total initial equalized assessed value. The county clerk
28 shall then promptly certify such amount as the "total initial
29 equalized assessed value as adjusted" of the taxable real
30 property within the redevelopment project area.
31 (c) After the county clerk has certified the "total
32 initial equalized assessed value" of the taxable real
33 property in such area, then in respect to every taxing
34 district containing a redevelopment project area, the county
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1 clerk or any other official required by law to ascertain the
2 amount of the equalized assessed value of all taxable
3 property within such district for the purpose of computing
4 the rate per cent of tax to be extended upon taxable property
5 within such district, shall in every year that tax increment
6 allocation financing is in effect ascertain the amount of
7 value of taxable property in a redevelopment project area by
8 including in such amount the lower of the current equalized
9 assessed value or the certified "total initial equalized
10 assessed value" of all taxable real property in such area,
11 except that after he has certified the "total initial
12 equalized assessed value as adjusted" he shall in the year of
13 said certification if tax rates have not been extended and in
14 every year thereafter that tax increment allocation financing
15 is in effect ascertain the amount of value of taxable
16 property in a redevelopment project area by including in such
17 amount the lower of the current equalized assessed value or
18 the certified "total initial equalized assessed value as
19 adjusted" of all taxable real property in such area. The rate
20 per cent of tax determined shall be extended to the current
21 equalized assessed value of all property in the redevelopment
22 project area in the same manner as the rate per cent of tax
23 is extended to all other taxable property in the taxing
24 district. The method of extending taxes established under
25 this Section shall terminate when the municipality adopts an
26 ordinance dissolving the special tax allocation fund for the
27 redevelopment project area. This Division shall not be
28 construed as relieving property owners within a redevelopment
29 project area from paying a uniform rate of taxes upon the
30 current equalized assessed value of their taxable property as
31 provided in the Property Tax Code.
32 (Source: P.A. 88-670, eff. 12-2-94.)
33 Section 113. The Liquor Control Act of 1934 is amended
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1 by changing Section 6-15 as follows:
2 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
3 Sec. 6-15. No alcoholic liquors shall be sold or
4 delivered in any building belonging to or under the control
5 of the State or any political subdivision thereof except as
6 provided in this Act. The corporate authorities of any city,
7 village, incorporated town or township may provide by
8 ordinance, however, that alcoholic liquor may be sold or
9 delivered in any specifically designated building belonging
10 to or under the control of the municipality or township, or
11 in any building located on land under the control of the
12 municipality; provided that such township complies with all
13 applicable local ordinances in any incorporated area of the
14 township. Alcoholic liquors may be delivered to and sold at
15 any airport belonging to or under the control of a
16 municipality of more than 25,000 inhabitants, or in any
17 building owned by a park district organized under the Park
18 District Code, subject to the approval of the governing board
19 of the district, or in any building or on any golf course
20 owned by a forest preserve district organized under the
21 Downstate Forest Preserve District Act, subject to the
22 approval of the governing board of the district, or in
23 Bicentennial Park, or on the premises of the City of Mendota
24 Lake Park located adjacent to Route 51 in Mendota, Illinois,
25 or on the premises of Camden Park in Milan, Illinois, or in
26 the community center owned by the City of Loves Park that is
27 located at 1000 River Park Drive in Loves Park, Illinois, or,
28 in connection with the operation of an established food
29 serving facility during times when food is dispensed for
30 consumption on the premises, and at the following aquarium
31 and museums located in public parks: Art Institute of
32 Chicago, Chicago Academy of Sciences, Chicago Historical
33 Society, Field Museum of Natural History, Museum of Science
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1 and Industry, DuSable Museum of African American History,
2 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
3 Museum of Arts and Sciences in Peoria, or in connection with
4 the operation of the facilities of the Chicago Zoological
5 Society or the Chicago Horticultural Society on land owned by
6 the Forest Preserve District of Cook County, or in any
7 building located on land owned by the Chicago Park District
8 if approved by the Park District Commissioners, or on any
9 land used for a golf course or for recreational purposes and
10 owned by the Illinois International Port District if approved
11 by the District's governing board, or at any airport, golf
12 course, faculty center, or facility in which conference and
13 convention type activities take place belonging to or under
14 control of any State university or public community college
15 district, provided that with respect to a facility for
16 conference and convention type activities alcoholic liquors
17 shall be limited to the use of the convention or conference
18 participants or participants in cultural, political or
19 educational activities held in such facilities, and provided
20 further that the faculty or staff of the State university or
21 a public community college district, or members of an
22 organization of students, alumni, faculty or staff of the
23 State university or a public community college district are
24 active participants in the conference or convention, or by a
25 catering establishment which has rented facilities from a
26 board of trustees of a public community college district, or,
27 if approved by the District board, on land owned by the
28 Metropolitan Sanitary District of Greater Chicago and leased
29 to others for a term of at least 20 years. Nothing in this
30 Section precludes the sale or delivery of alcoholic liquor in
31 the form of original packaged goods in premises located at
32 500 S. Racine in Chicago belonging to the University of
33 Illinois and used primarily as a grocery store by a
34 commercial tenant during the term of a lease that predates
HB1374 Enrolled -36- LRB9001775MWpc
1 the University's acquisition of the premises; but the
2 University shall have no power or authority to renew,
3 transfer, or extend the lease with terms allowing the sale of
4 alcoholic liquor; and the sale of alcoholic liquor shall be
5 subject to all local laws and regulations. After the
6 acquisition by Winnebago County of the property located at
7 404 Elm Street in Rockford, a commercial tenant who sold
8 alcoholic liquor at retail on a portion of the property under
9 a valid license at the time of the acquisition may continue
10 to do so for so long as the tenant and the County may agree
11 under existing or future leases, subject to all local laws
12 and regulations regarding the sale of alcoholic liquor.
13 Alcoholic liquors may be delivered to and sold at the Louis
14 Joliet Renaissance Center, City Center Campus, located at 214
15 North Ottawa Street, Joliet, and at the Food
16 Services/Culinary Arts Department facilities, Main Campus,
17 located at 1215 Houbolt Road, Joliet, owned or under the
18 control of Joliet Junior College, Illinois Community College
19 District Number 525. Each facility shall provide dram shop
20 liability in maximum insurance coverage limits so as to save
21 harmless the State, municipality, State university, airport,
22 golf course, faculty center, facility in which conference and
23 convention type activities take place, park district, Forest
24 Preserve District, public community college district,
25 aquarium, museum, or sanitary district from all financial
26 loss, damage or harm. Alcoholic liquors may be sold at retail
27 in buildings of golf courses owned by municipalities in
28 connection with the operation of an established food serving
29 facility during times when food is dispensed for consumption
30 upon the premises. Alcoholic liquors may be delivered to and
31 sold at retail in any building owned by a fire protection
32 district organized under the Fire Protection District Act,
33 provided that such delivery and sale is approved by the board
34 of trustees of the district, and provided further that such
HB1374 Enrolled -37- LRB9001775MWpc
1 delivery and sale is limited to fundraising events and to a
2 maximum of 6 events per year.
3 Alcoholic liquor may be delivered to and sold at retail
4 in the Dorchester Senior Business Center owned by the Village
5 of Dolton if the alcoholic liquor is sold or dispensed only
6 in connection with organized functions for which the planned
7 attendance is 20 or more persons, and if the person or
8 facility selling or dispensing the alcoholic liquor has
9 provided dram shop liability insurance in maximum limits so
10 as to hold harmless the Village of Dolton and the State from
11 all financial loss, damage and harm.
12 Alcoholic liquors may be delivered to and sold at retail
13 in any building used as an Illinois State Armory provided:
14 (i) the Adjutant General's written consent to the
15 issuance of a license to sell alcoholic liquor in such
16 building is filed with the Commission;
17 (ii) the alcoholic liquor is sold or dispensed only
18 in connection with organized functions held on special
19 occasions;
20 (iii) the organized function is one for which the
21 planned attendance is 25 or more persons; and
22 (iv) the facility selling or dispensing the
23 alcoholic liquors has provided dram shop liability
24 insurance in maximum limits so as to save harmless the
25 facility and the State from all financial loss, damage or
26 harm.
27 Alcoholic liquors may be delivered to and sold at retail
28 in the Chicago Civic Center, provided that:
29 (i) the written consent of the Public Building
30 Commission which administers the Chicago Civic Center is
31 filed with the Commission;
32 (ii) the alcoholic liquor is sold or dispensed only
33 in connection with organized functions held on special
34 occasions;
HB1374 Enrolled -38- LRB9001775MWpc
1 (iii) the organized function is one for which the
2 planned attendance is 25 or more persons;
3 (iv) the facility selling or dispensing the
4 alcoholic liquors has provided dram shop liability
5 insurance in maximum limits so as to hold harmless the
6 Civic Center, the City of Chicago and the State from all
7 financial loss, damage or harm; and
8 (v) all applicable local ordinances are complied
9 with.
10 Alcoholic liquors may be delivered or sold in any
11 building belonging to or under the control of any city,
12 village or incorporated town where more than 75% of the
13 physical properties of the building is used for commercial or
14 recreational purposes, and the building is located upon a
15 pier extending into or over the waters of a navigable lake or
16 stream or on the shore of a navigable lake or stream.
17 Alcoholic liquor may be sold in buildings under the control
18 of the Department of Natural Resources when written consent
19 to the issuance of a license to sell alcoholic liquor in such
20 buildings is filed with the Commission by the Department of
21 Natural Resources. Notwithstanding any other provision of
22 this Act, alcoholic liquor sold by a United States Army Corps
23 of Engineers or Department of Natural Resources
24 concessionaire who was operating on June 1, 1991 for
25 on-premises consumption only is not subject to the provisions
26 of Articles IV and IX. Beer and wine may be sold on the
27 premises of the Joliet Park District Stadium owned by the
28 Joliet Park District when written consent to the issuance of
29 a license to sell beer and wine in such premises is filed
30 with the local liquor commissioner by the Joliet Park
31 District. Beer and wine may be sold in buildings on the
32 grounds of State veterans' homes when written consent to the
33 issuance of a license to sell beer and wine in such buildings
34 is filed with the Commission by the Department of Veterans'
HB1374 Enrolled -39- LRB9001775MWpc
1 Affairs, and the facility shall provide dram shop liability
2 in maximum insurance coverage limits so as to save the
3 facility harmless from all financial loss, damage or harm.
4 Such liquors may be delivered to and sold at any property
5 owned or held under lease by a Metropolitan Pier and
6 Exposition Authority or Metropolitan Exposition and
7 Auditorium Authority.
8 Beer and wine may be sold and dispensed at professional
9 sporting events and at professional concerts and other
10 entertainment events conducted on premises owned by the
11 Forest Preserve District of Kane County, subject to the
12 control of the District Commissioners and applicable local
13 law, provided that dram shop liability insurance is provided
14 at maximum coverage limits so as to hold the District
15 harmless from all financial loss, damage and harm.
16 Nothing in this Section shall preclude the sale or
17 delivery of beer and wine at a State or county fair or the
18 sale or delivery of beer or wine at a city fair in any
19 otherwise lawful manner.
20 Alcoholic liquors may be sold at retail in buildings in
21 State parks under the control of the Department of Natural
22 Resources, provided:
23 a. the State park has overnight lodging facilities
24 with some restaurant facilities or, not having overnight
25 lodging facilities, has restaurant facilities which serve
26 complete luncheon and dinner or supper meals,
27 b. consent to the issuance of a license to sell
28 alcoholic liquors in the buildings has been filed with
29 the commission by the Department of Natural Resources,
30 and
31 c. the alcoholic liquors are sold by the State park
32 lodge or restaurant concessionaire only during the hours
33 from 11 o'clock a.m. until 12 o'clock midnight.
34 Notwithstanding any other provision of this Act,
HB1374 Enrolled -40- LRB9001775MWpc
1 alcoholic liquor sold by the State park or restaurant
2 concessionaire is not subject to the provisions of
3 Articles IV and IX.
4 Alcoholic liquors may be sold at retail in buildings on
5 properties under the control of the Historic Preservation
6 Agency provided:
7 a. the property has overnight lodging facilities
8 with some restaurant facilities or, not having overnight
9 lodging facilities, has restaurant facilities which serve
10 complete luncheon and dinner or supper meals,
11 b. consent to the issuance of a license to sell
12 alcoholic liquors in the buildings has been filed with
13 the commission by the Historic Preservation Agency, and
14 c. the alcoholic liquors are sold by the lodge or
15 restaurant concessionaire only during the hours from 11
16 o'clock a.m. until 12 o'clock midnight.
17 The sale of alcoholic liquors pursuant to this Section
18 does not authorize the establishment and operation of
19 facilities commonly called taverns, saloons, bars, cocktail
20 lounges, and the like except as a part of lodge and
21 restaurant facilities in State parks or golf courses owned by
22 Forest Preserve Districts with a population of less than
23 3,000,000 or municipalities or park districts.
24 Alcoholic liquors may be sold at retail in the
25 Springfield Administration Building of the Department of
26 Transportation and the Illinois State Armory in Springfield;
27 provided, that the controlling government authority may
28 consent to such sales only if
29 a. the request is from a not-for-profit
30 organization;
31 b. such sales would not impede normal operations of
32 the departments involved;
33 c. the not-for-profit organization provides dram
34 shop liability in maximum insurance coverage limits and
HB1374 Enrolled -41- LRB9001775MWpc
1 agrees to defend, save harmless and indemnify the State
2 of Illinois from all financial loss, damage or harm;
3 d. no such sale shall be made during normal working
4 hours of the State of Illinois; and
5 e. the consent is in writing.
6 Alcoholic liquors may be sold at retail in buildings in
7 recreational areas of river conservancy districts under the
8 control of, or leased from, the river conservancy districts.
9 Such sales are subject to reasonable local regulations as
10 provided in Article IV; however, no such regulations may
11 prohibit or substantially impair the sale of alcoholic
12 liquors on Sundays or Holidays.
13 Alcoholic liquors may be provided in long term care
14 facilities owned or operated by a county under Division 5-21
15 or 5-22 of the Counties Code, when approved by the facility
16 operator and not in conflict with the regulations of the
17 Illinois Department of Public Health, to residents of the
18 facility who have had their consumption of the alcoholic
19 liquors provided approved in writing by a physician licensed
20 to practice medicine in all its branches.
21 Alcoholic liquors may be delivered to and dispensed in
22 State housing assigned to employees of the Department of
23 Corrections. No person shall furnish or allow to be furnished
24 any alcoholic liquors to any prisoner confined in any jail,
25 reformatory, prison or house of correction except upon a
26 physician's prescription for medicinal purposes.
27 Alcoholic liquors may be sold at retail or dispensed at
28 the Willard Ice Building in Springfield, at the State Library
29 in Springfield, and at Illinois State Museum facilities by
30 (1) an agency of the State, whether legislative, judicial or
31 executive, provided that such agency first obtains written
32 permission to sell or dispense alcoholic liquors from the
33 controlling government authority, or by (2) a not-for-profit
34 organization, provided that such organization:
HB1374 Enrolled -42- LRB9001775MWpc
1 a. Obtains written consent from the controlling
2 government authority;
3 b. Sells or dispenses the alcoholic liquors in a
4 manner that does not impair normal operations of State
5 offices located in the building;
6 c. Sells or dispenses alcoholic liquors only in
7 connection with an official activity in the building;
8 d. Provides, or its catering service provides, dram
9 shop liability insurance in maximum coverage limits and
10 in which the carrier agrees to defend, save harmless and
11 indemnify the State of Illinois from all financial loss,
12 damage or harm arising out of the selling or dispensing
13 of alcoholic liquors.
14 Nothing in this Act shall prevent a not-for-profit
15 organization or agency of the State from employing the
16 services of a catering establishment for the selling or
17 dispensing of alcoholic liquors at authorized functions.
18 The controlling government authority for the Willard Ice
19 Building in Springfield shall be the Director of the
20 Department of Revenue. The controlling government authority
21 for Illinois State Museum facilities shall be the Director of
22 the Illinois State Museum. The controlling government
23 authority for the State Library in Springfield shall be the
24 Secretary of State.
25 Alcoholic liquors may be delivered to and sold at retail
26 or dispensed at any facility, property or building under the
27 jurisdiction of the Historic Preservation Agency where the
28 delivery, sale or dispensing is by (1) an agency of the
29 State, whether legislative, judicial or executive, provided
30 that such agency first obtains written permission to sell or
31 dispense alcoholic liquors from a controlling government
32 authority, or by (2) a not-for-profit organization provided
33 that such organization:
34 a. Obtains written consent from the controlling
HB1374 Enrolled -43- LRB9001775MWpc
1 government authority;
2 b. Sells or dispenses the alcoholic liquors in a
3 manner that does not impair normal workings of State
4 offices or operations located at the facility, property
5 or building;
6 c. Sells or dispenses alcoholic liquors only in
7 connection with an official activity of the
8 not-for-profit organization in the facility, property or
9 building;
10 d. Provides, or its catering service provides, dram
11 shop liability insurance in maximum coverage limits and
12 in which the carrier agrees to defend, save harmless and
13 indemnify the State of Illinois from all financial loss,
14 damage or harm arising out of the selling or dispensing
15 of alcoholic liquors.
16 The controlling government authority for the Historic
17 Preservation Agency shall be the Director of the Historic
18 Preservation Agency.
19 Alcoholic liquors may be sold at retail or dispensed at
20 the James R. Thompson Center in Chicago and 222 South College
21 Street in Springfield, Illinois by (1) a commercial tenant or
22 subtenant conducting business on the premises under a lease
23 made pursuant to Section 67.24 of the Civil Administrative
24 Code of Illinois, provided that such tenant or subtenant who
25 sells or dispenses alcoholic liquors shall procure and
26 maintain dram shop liability insurance in maximum coverage
27 limits and in which the carrier agrees to defend, indemnify
28 and save harmless the State of Illinois from all financial
29 loss, damage or harm arising out of the sale or dispensing of
30 alcoholic liquors, or by (2) an agency of the State, whether
31 legislative, judicial or executive, provided that such agency
32 first obtains written permission to sell or dispense
33 alcoholic liquors from the Director of Central Management
34 Services, or by (3) a not-for-profit organization, provided
HB1374 Enrolled -44- LRB9001775MWpc
1 that such organization:
2 a. Obtains written consent from the Department of
3 Central Management Services;
4 b. Sells or dispenses the alcoholic liquors in a
5 manner that does not impair normal operations of State
6 offices located in the building;
7 c. Sells or dispenses alcoholic liquors only in
8 connection with an official activity in the building;
9 d. Provides, or its catering service provides, dram
10 shop liability insurance in maximum coverage limits and
11 in which the carrier agrees to defend, save harmless and
12 indemnify the State of Illinois from all financial loss,
13 damage or harm arising out of the selling or dispensing
14 of alcoholic liquors.
15 Nothing in this Act shall prevent a not-for-profit
16 organization or agency of the State from employing the
17 services of a catering establishment for the selling or
18 dispensing of alcoholic liquors at functions authorized by
19 the Director of Central Management Services.
20 Alcoholic liquors may be sold or delivered at any
21 facility owned by the Illinois Sports Facilities Authority
22 provided that dram shop liability insurance has been made
23 available in a form, with such coverage and in such amounts
24 as the Authority reasonably determines is necessary.
25 Alcoholic liquors may be sold at retail or dispensed at
26 the Rockford State Office Building by (1) an agency of the
27 State, whether legislative, judicial or executive, provided
28 that such agency first obtains written permission to sell or
29 dispense alcoholic liquors from the Department of Central
30 Management Services, or by (2) a not-for-profit organization,
31 provided that such organization:
32 a. Obtains written consent from the Department of
33 Central Management Services;
34 b. Sells or dispenses the alcoholic liquors in a
HB1374 Enrolled -45- LRB9001775MWpc
1 manner that does not impair normal operations of State
2 offices located in the building;
3 c. Sells or dispenses alcoholic liquors only in
4 connection with an official activity in the building;
5 d. Provides, or its catering service provides, dram
6 shop liability insurance in maximum coverage limits and
7 in which the carrier agrees to defend, save harmless and
8 indemnify the State of Illinois from all financial loss,
9 damage or harm arising out of the selling or dispensing
10 of alcoholic liquors.
11 Nothing in this Act shall prevent a not-for-profit
12 organization or agency of the State from employing the
13 services of a catering establishment for the selling or
14 dispensing of alcoholic liquors at functions authorized by
15 the Department of Central Management Services.
16 Alcoholic liquors may be sold or delivered in a building
17 that is owned by McLean County, situated on land owned by the
18 county in the City of Bloomington, and used by the McLean
19 County Historical Society if the sale or delivery is approved
20 by an ordinance adopted by the county board, and the
21 municipality in which the building is located may not
22 prohibit that sale or delivery, notwithstanding any other
23 provision of this Section. The regulation of the sale and
24 delivery of alcoholic liquor in a building that is owned by
25 McLean County, situated on land owned by the county, and used
26 by the McLean County Historical Society as provided in this
27 paragraph is an exclusive power and function of the State and
28 is a denial and limitation under Article VII, Section 6,
29 subsection (h) of the Illinois Constitution of the power of a
30 home rule municipality to regulate that sale and delivery.
31 Alcoholic liquors may be sold or delivered in any
32 building situated on land held in trust for any school
33 district organized under Article 34 of the School Code, if
34 the building is not used for school purposes and if the sale
HB1374 Enrolled -46- LRB9001775MWpc
1 or delivery is approved by the board of education.
2 Alcoholic liquors may be sold or delivered in buildings
3 owned by the Community Building Complex Committee of Boone
4 County, Illinois if the person or facility selling or
5 dispensing the alcoholic liquor has provided dram shop
6 liability insurance with coverage and in amounts that the
7 Committee reasonably determines are necessary.
8 Alcoholic liquors may be sold or delivered in the
9 building located at 1200 Centerville Avenue in Belleville,
10 Illinois and occupied by either the Belleville Area Special
11 Education District or the Belleville Area Special Services
12 Cooperative.
13 (Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
14 89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
15 2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
16 eff. 8-9-96; revised 8-19-96.)
17 Section 115. The Code of Civil Procedure is amended by
18 changing Section 7-103 as follows:
19 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
20 (Text of Section before amendment by P.A. 89-683)
21 Sec. 7-103. "Quick-take". This Section applies only to
22 proceedings under this Article:
23 (1) by the State of Illinois, the Illinois Toll
24 Highway Authority or the St. Louis Metropolitan Area
25 Airport Authority for the acquisition of land or
26 interests therein for highway purposes;
27 (2) (blank);
28 (3) by the Department of Commerce and Community
29 Affairs for the purpose specified in the Illinois Coal
30 Development Bond Act;
31 (4) (blank);
32 (5) for the purpose specified in the St. Louis
HB1374 Enrolled -47- LRB9001775MWpc
1 Metropolitan Area Airport Authority Act;
2 (6) for a period of 24 months after May 24, 1996,
3 by the Southwestern Illinois Development Authority
4 pursuant to the Southwestern Illinois Development
5 Authority Act;
6 (7) for a period of 3 years after December 30,
7 1987, by the Quad Cities Regional Economic Development
8 Authority (except for the acquisition of land or
9 interests therein that is farmland, or upon which is
10 situated a farm dwelling and appurtenant structures, or
11 upon which is situated a residence, or which is wholly
12 within an area that is zoned for residential use)
13 pursuant to the Quad Cities Regional Economic Development
14 Authority Act;
15 (8) by a sanitary district created under the
16 Metropolitan Water Reclamation District Act for the
17 acquisition of land or interests therein for purposes
18 specified in that Act;
19 (9) by a rail carrier within the time limitations
20 and subject to the terms and conditions set forth in
21 Section 18c-7501 of the Illinois Vehicle Code;
22 (10) for a period of 18 months after January 26,
23 1987, for the purpose specified in Division 135 of
24 Article 11 of the Illinois Municipal Code, by a
25 commission created under Section 2 of the Water
26 Commission Act of 1985;
27 (11) by a village containing a population of less
28 than 15,000 for the purpose of acquiring property to be
29 used for a refuse derived fuel system designed to
30 generate steam and electricity, and for industrial
31 development that will utilize such steam and electricity,
32 pursuant to Section 11-19-10 of the Illinois Municipal
33 Code;
34 (12) after receiving the prior approval of the City
HB1374 Enrolled -48- LRB9001775MWpc
1 Council, by a municipality having a population of more
2 than 500,000 for the purposes set forth in Section
3 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
4 Illinois Municipal Code, and for the same purposes when
5 established pursuant to home rule powers;
6 (13) by a home rule municipality, after a public
7 hearing held by the corporate authorities or by a
8 committee of the corporate authorities and after approval
9 by a majority of the corporate authorities, within an
10 area designated as an enterprise zone by the municipality
11 under the Illinois Enterprise Zone Act;
12 (14) by the Illinois Sports Facilities Authority
13 for the purpose specified in Section 12 of the Illinois
14 Sports Facilities Authority Act;
15 (15) by a municipality having a population of more
16 than 2,000,000 for the purpose of acquiring the property
17 described in Section 3 of the Sports Stadium Act;
18 (16) for a period of 18 months after July 29, 1986,
19 in any proceeding by the Board of Trustees of the
20 University of Illinois for the acquisition of land in
21 Champaign County or interests therein as a site for a
22 building or for any educational purpose;
23 (17) for a period of 2 years after July 1, 1990, by
24 a home rule municipality and a county board, upon
25 approval of a majority of the corporate authorities of
26 both the county board and the municipality, within an
27 area designated as an enterprise zone by the municipality
28 and the county board through an intergovernmental
29 agreement under the Illinois Enterprise Zone Act, when
30 the purpose of the condemnation proceeding is to acquire
31 land for the construction of an industrial harbor port,
32 and when the total amount of land to be acquired for that
33 purpose is less than 75 acres and is adjacent to the
34 Illinois River;
HB1374 Enrolled -49- LRB9001775MWpc
1 (18) by an airport authority located solely within
2 the boundaries of Madison County, Illinois, and which is
3 organized pursuant to the provisions of the Airport
4 Authorities Act, (i) for the acquisition of 160 acres, or
5 less, of land or interests therein for the purposes
6 specified in that Act which may be necessary to extend,
7 mark, and light runway 11/29 for a distance of 1600 feet
8 in length by 100 feet in width with parallel taxiway, to
9 relocate and mark County Highway 19, Madison County,
10 known as Moreland Road, to relocate the instrument
11 landing system including the approach lighting system and
12 to construct associated drainage, fencing and seeding
13 required for the foregoing project and (ii) for a period
14 of 6 months after December 28, 1989, for the acquisition
15 of 75 acres, or less, of land or interests therein for
16 the purposes specified in that Act which may be necessary
17 to extend, mark and light the south end of runway 17/35
18 at such airport;
19 (19) by any unit of local government for a
20 permanent easement for the purpose of maintaining,
21 dredging or cleaning the Little Calumet River;
22 (20) by any unit of local government for a
23 permanent easement for the purpose of maintaining,
24 dredging or cleaning the Salt Creek in DuPage County;
25 (21) by St. Clair County, Illinois, for the
26 development of a joint use facility at Scott Air Force
27 Base;
28 (22) by the Village of Summit, Illinois, to acquire
29 land for a waste to energy plant;
30 (23) for a period of 15 months after September 7,
31 1990, by the Department of Transportation or by any unit
32 of local government under the terms of an
33 intergovernmental cooperation agreement between the
34 Department of Transportation and the unit of local
HB1374 Enrolled -50- LRB9001775MWpc
1 government for the purpose of developing aviation
2 facilities in and around Chanute Air Force Base in
3 Champaign County, Illinois;
4 (24) for a period of 1 year after December 12,
5 1990, by the City of Morris for the development of the
6 Morris Municipal Airport;
7 (25) for a period of 1 year after June 19, 1991, by
8 the Greater Rockford Airport Authority for airport
9 expansion purposes;
10 (26) for a period of 24 months after June 30, 1991,
11 by the City of Aurora for completion of an instrument
12 landing system and construction of an east-west runway at
13 the Aurora Municipal Airport;
14 (27) for the acquisition by the Metropolitan Pier
15 and Exposition Authority of property described in
16 subsection (f) of Section 5 of the Metropolitan Pier and
17 Exposition Authority Act for the purposes of providing
18 additional grounds, buildings, and facilities related to
19 the purposes of the Metropolitan Pier and Exposition
20 Authority;
21 (28) for a period of 24 months after March 1, 1992,
22 by the Village of Wheeling and the City of Prospect
23 Heights, owners of the Palwaukee Municipal Airport, to
24 allow for the acquisition of right of way to complete the
25 realignment of Hintz Road and Wolf Road;
26 (29) for a period of one year from the effective
27 date of this amendatory Act of 1992, by the
28 Bloomington-Normal Airport Authority for airport
29 expansion purposes;
30 (30) for a period of 24 months after September 10,
31 1993, by the Cook County Highway Department and Lake
32 County Department of Transportation to allow for the
33 acquisition of necessary right-of-way for construction of
34 underpasses for Lake-Cook Road at the Chicago
HB1374 Enrolled -51- LRB9001775MWpc
1 Northwestern Railroad crossing, west of Skokie Boulevard,
2 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
3 crossing, west of Waukegan Road;
4 (31) for a period of one year after December 23,
5 1993, by the City of Arcola and the City of Tuscola for
6 the development of the Arcola/Tuscola Water Transmission
7 Pipeline Project pursuant to the intergovernmental
8 agreement between the City of Arcola and the City of
9 Tuscola;
10 (32) for a period of 24 months from December 23,
11 1993, by the Village of Bensenville for the acquisition
12 of property bounded by Illinois Route 83 to the west and
13 O'Hare International Airport to the east to complete a
14 flood control project known as the Bensenville Ditch;
15 (33) for a period of 9 months after November 1,
16 1993, by the Medical Center Commission for the purpose of
17 acquiring a site for the Illinois State Police Forensic
18 Science Laboratory at Chicago, on the block bounded by
19 Roosevelt Road on the north, Wolcott Street on the east,
20 Washburn Street on the south, and Damen Avenue on the
21 west in Chicago, Illinois;
22 (34) for a period of 36 months after July 14, 1995,
23 by White County for the acquisition of a 3 1/2 mile
24 section of Bellaire Road, which is described as follows:
25 Commencing at the Northwest Corner of the Southeast 1/4
26 of Section 28, Township 6 South, Range 10 East of the 3rd
27 Principal Meridian; thence South to a point at the
28 Southwest Corner of the Southeast 1/4 of Section 9,
29 Township 7 South, Range 10 East of the 3rd Principal
30 Meridian;
31 (35) for a period of one year after July 14, 1995,
32 by the City of Aurora for permanent and temporary
33 easements except over land adjacent to Indian Creek and
34 west of Selmarten Creek located within the City of Aurora
HB1374 Enrolled -52- LRB9001775MWpc
1 for the construction of Phase II of the Indian Creek
2 Flood Control Project;
3 (35.1) for a period beginning June 24, 1995 (the
4 day following the effective date of Public Act 89-29) and
5 ending on July 13, 1995 (the day preceding the effective
6 date of Public Act 89-134), by the City of Aurora for
7 permanent and temporary easements for the construction of
8 Phase II of the Indian Creek Flood Control Project;
9 (36) for a period of 3 years from July 14, 1995, by
10 the Grand Avenue Railroad Relocation Authority for the
11 Grand Avenue Railroad Grade Separation Project within the
12 Village of Franklin Park, Illinois;
13 (37) for a period of 3 years after July 14, 1995,
14 by the Village of Romeoville for the acquisition of
15 rights-of-way for the 135th Street Bridge Project, lying
16 within the South 1/2 of Section 34, Township 37 North,
17 Range 10 East and the South 1/2 of Section 35, Township
18 37 North, Range 10 East of the Third Principal Meridian,
19 and the North 1/2 of Section 2, Township 36 North, Range
20 10 East and the North 1/2 of Section 3, Township 36
21 North, Range 10 East of the 3rd Principal Meridian, in
22 Will County, Illinois;
23 (37.1) for a period of 3 years after June 23, 1995,
24 by the Illinois Department of Transportation for the
25 acquisition of rights-of-way for the 135th Street Bridge
26 Project between the Des Plaines River and New Avenue
27 lying within the South 1/2 of Section 35, Township 37
28 North, Range 10 East of the Third Principal Meridian and
29 the North 1/2 of Section 2, Township 36 North, Range 10
30 East of the 3rd Principal Meridian, in Will County,
31 Illinois;
32 (38) for a period beginning June 24, 1995 (the day
33 after the effective date of Public Act 89-29) and ending
34 18 months after July 14, 1995 (the effective date of
HB1374 Enrolled -53- LRB9001775MWpc
1 Public Act 89-134), by the Anna-Jonesboro Water
2 Commission for the acquisition of land and easements for
3 improvements to its water treatment and storage
4 facilities and water transmission pipes;
5 (39) for a period of 36 months after July 14, 1995,
6 by the City of Effingham for the acquisition of property
7 which is described as follows:
8 Tract 1:
9 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
10 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
11 thereof recorded in Book "K", Page 769, in the Recorder's
12 Office of Effingham County), situated in the City of
13 Effingham, County of Effingham and State of Illinois.
14 Tract 2:
15 The alley lying South and adjoining Tract 1, as
16 vacated by Ordinance recorded on July 28, 1937 in Book
17 183, Page 465, and all right, title and interest in and
18 to said alley as established by the Contract for Easement
19 recorded on August 4, 1937 in Book 183, Page 472;
20 (40) for a period of one year after July 14, 1995,
21 by the Village of Palatine for the acquisition of
22 property located along the south side of Dundee Road
23 between Rand Road and Hicks Road for redevelopment
24 purposes;
25 (41) for a period of 6 years after July 1, 1995,
26 for the acquisition by the Medical Center District of
27 property described in Section 3 of the Illinois Medical
28 District Act within the District Development Area as
29 described in Section 4 of that Act for the purposes set
30 forth in that Act;
31 (41.5) for a period of 24 months after June 21,
32 1996 by the City of Effingham, Illinois for acquisition
33 of property for the South Raney Street Improvement
34 Project Phase I;
HB1374 Enrolled -54- LRB9001775MWpc
1 (42) for a period of 3 years after June 21, 1996,
2 by the Village of Deerfield for the acquisition of
3 territory within the Deerfield Village Center, as
4 designated as of that date by the Deerfield Comprehensive
5 Plan, with the exception of that area north of Jewett
6 Park Drive (extended) between Waukegan Road and the
7 Milwaukee Railroad Tracks, for redevelopment purposes;
8 (43) for a period of 12 months after June 21, 1996,
9 by the City of Harvard for the acquisition of property
10 lying west of Harvard Hills Road of sufficient size to
11 widen the Harvard Hills Road right of way and to install
12 and maintain city utility services not more than 200 feet
13 west of the center line of Harvard Hills Road;
14 (44) for a period of 5 years after June 21, 1996,
15 by the Village of River Forest, Illinois, within the area
16 designated as a tax increment financing district when the
17 purpose of the condemnation proceeding is to acquire land
18 for any of the purposes contained in the River Forest Tax
19 Increment Financing Plan or authorized by the Tax
20 Increment Allocation Redevelopment Act, provided that
21 condemnation of any property zoned and used exclusively
22 for residential purposes shall be prohibited;
23 (45) for a period of 18 months after June 28, 1996,
24 by the Village of Schaumburg for the acquisition of land,
25 easements, and aviation easements for the purpose of a
26 public airport in Cook and DuPage Counties; provided that
27 if any proceedings under the provisions of this Article
28 are pending on that date, "quick-take" may be utilized by
29 the Village of Schaumburg;
30 (46) for a period of one year after June 28, 1996,
31 by the City of Pinckneyville for the acquisition of land
32 and easements to provide for improvements to its water
33 treatment and storage facilities and water transmission
34 pipes, and for the construction of a sewerage treatment
HB1374 Enrolled -55- LRB9001775MWpc
1 facility and sewerage transmission pipes to serve the
2 Illinois Department of Corrections Pinckneyville
3 Correctional Facility;
4 (47) for a period of 6 months after June 28, 1996,
5 by the City of Streator for the acquisition of property
6 described as follows for a first flush basin sanitary
7 sewer system:
8 Tract 5: That part of lots 20 and 21 in Block
9 6 in Moore and Plumb's addition to the city of
10 Streator, Illinois, lying south of the right of way
11 of the switch track of the Norfolk and Western
12 Railroad (now abandoned) in the county of LaSalle,
13 State of Illinois.
14 Tract 6: That part of lots 30, 31 and 32 in
15 Block 7 in Moore and Plumb's Addition to the city of
16 Streator, Illinois, lying north of the centerline of
17 Coal Run Creek and south of the right of way of the
18 switch track of the Norfolk and Western Railroad
19 (now abandoned) in the county of LaSalle, State of
20 Illinois;
21 (48) for a period of 36 months after January 16,
22 1997 the effective date of this amendatory Act of 1996,
23 by the Bi-State Development Agency of the
24 Missouri-Illinois Metropolitan District for the
25 acquisition of rights of way and related property
26 necessary for the construction and operation of the
27 MetroLink Light Rail System, beginning in East St. Louis,
28 Illinois, and terminating at Mid America Airport, St.
29 Clair County, Illinois;
30 (49) for a period of 2 years after January 16, 1997
31 the effective date of this amendatory Act of 1996, by the
32 Village of Schaumburg for the acquisition of
33 rights-of-way, permanent easements, and temporary
34 easements for the purpose of improving the Roselle
HB1374 Enrolled -56- LRB9001775MWpc
1 Road/Illinois Route 58/Illinois Route 72 corridor,
2 including rights-of-way along Roselle Road, Remington
3 Road, Valley Lake Drive, State Parkway, Commerce Drive,
4 Kristin Circle, and Hillcrest Boulevard, a permanent
5 easement along Roselle Road, and temporary easements
6 along Roselle Road, State Parkway, Valley Lake Drive,
7 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
8 in Cook County.
9 In a proceeding subject to this Section, the plaintiff,
10 at any time after the complaint has been filed and before
11 judgment is entered in the proceeding, may file a written
12 motion requesting that, immediately or at some specified
13 later date, the plaintiff either be vested with the fee
14 simple title (or such lesser estate, interest or easement, as
15 may be required) to the real property, or specified portion
16 thereof, which is the subject of the proceeding, and be
17 authorized to take possession of and use such property; or
18 only be authorized to take possession of and to use such
19 property, if such possession and use, without the vesting of
20 title, are sufficient to permit the plaintiff to proceed with
21 the project until the final ascertainment of compensation;
22 however, no land or interests therein now or hereafter owned,
23 leased, controlled or operated and used by, or necessary for
24 the actual operation of, any common carrier engaged in
25 interstate commerce, or any other public utility subject to
26 the jurisdiction of the Illinois Commerce Commission, shall
27 be taken or appropriated hereunder by the State of Illinois,
28 the Illinois Toll Highway Authority, the sanitary district,
29 the St. Louis Metropolitan Area Airport Authority or the
30 Board of Trustees of the University of Illinois without first
31 securing the approval of such Commission.
32 Except as hereinafter stated, the motion for taking shall
33 state: (1) an accurate description of the property to which
34 the motion relates and the estate or interest sought to be
HB1374 Enrolled -57- LRB9001775MWpc
1 acquired therein; (2) the formally adopted schedule or plan
2 of operation for the execution of the plaintiff's project;
3 (3) the situation of the property to which the motion
4 relates, with respect to the schedule or plan; (4) the
5 necessity for taking such property in the manner requested in
6 the motion; and (5) if the property (except property
7 described in Section 3 of the Sports Stadium Act or property
8 described as Site B in Section 2 of the Metropolitan Pier and
9 Exposition Authority Act) to be taken is owned, leased,
10 controlled or operated and used by, or necessary for the
11 actual operation of, any interstate common carrier or other
12 public utility subject to the jurisdiction of the Illinois
13 Commerce Commission, a statement to the effect that the
14 approval of such proposed taking has been secured from such
15 Commission, and attaching to such motion a certified copy of
16 the order of such Commission granting such approval. If the
17 schedule or plan of operation is not set forth fully in the
18 motion, a copy of such schedule or plan shall be attached to
19 the motion.
20 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
21 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
22 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
23 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
24 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
25 89-699, eff. 1-16-97.)
26 (Text of Section after amendment by P.A. 89-683)
27 Sec. 7-103. "Quick-take". This Section applies only to
28 proceedings under this Article:
29 (1) by the State of Illinois, the Illinois Toll
30 Highway Authority or the St. Louis Metropolitan Area
31 Airport Authority for the acquisition of land or
32 interests therein for highway purposes;
33 (2) (blank);
34 (3) by the Department of Commerce and Community
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1 Affairs for the purpose specified in the Illinois Coal
2 Development Bond Act;
3 (4) (blank);
4 (5) for the purpose specified in the St. Louis
5 Metropolitan Area Airport Authority Act;
6 (6) for a period of 24 months after May 24, 1996,
7 by the Southwestern Illinois Development Authority
8 pursuant to the Southwestern Illinois Development
9 Authority Act;
10 (7) for a period of 3 years after December 30,
11 1987, by the Quad Cities Regional Economic Development
12 Authority (except for the acquisition of land or
13 interests therein that is farmland, or upon which is
14 situated a farm dwelling and appurtenant structures, or
15 upon which is situated a residence, or which is wholly
16 within an area that is zoned for residential use)
17 pursuant to the Quad Cities Regional Economic Development
18 Authority Act;
19 (8) by a sanitary district created under the
20 Metropolitan Water Reclamation District Act for the
21 acquisition of land or interests therein for purposes
22 specified in that Act;
23 (9) by a rail carrier within the time limitations
24 and subject to the terms and conditions set forth in
25 Section 18c-7501 of the Illinois Vehicle Code;
26 (10) for a period of 18 months after January 26,
27 1987, for the purpose specified in Division 135 of
28 Article 11 of the Illinois Municipal Code, by a
29 commission created under Section 2 of the Water
30 Commission Act of 1985;
31 (11) by a village containing a population of less
32 than 15,000 for the purpose of acquiring property to be
33 used for a refuse derived fuel system designed to
34 generate steam and electricity, and for industrial
HB1374 Enrolled -59- LRB9001775MWpc
1 development that will utilize such steam and electricity,
2 pursuant to Section 11-19-10 of the Illinois Municipal
3 Code;
4 (12) after receiving the prior approval of the City
5 Council, by a municipality having a population of more
6 than 500,000 for the purposes set forth in Section
7 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
8 Illinois Municipal Code, and for the same purposes when
9 established pursuant to home rule powers;
10 (13) by a home rule municipality, after a public
11 hearing held by the corporate authorities or by a
12 committee of the corporate authorities and after approval
13 by a majority of the corporate authorities, within an
14 area designated as an enterprise zone by the municipality
15 under the Illinois Enterprise Zone Act;
16 (14) by the Illinois Sports Facilities Authority
17 for the purpose specified in Section 12 of the Illinois
18 Sports Facilities Authority Act;
19 (15) by a municipality having a population of more
20 than 2,000,000 for the purpose of acquiring the property
21 described in Section 3 of the Sports Stadium Act;
22 (16) for a period of 18 months after July 29, 1986,
23 in any proceeding by the Board of Trustees of the
24 University of Illinois for the acquisition of land in
25 Champaign County or interests therein as a site for a
26 building or for any educational purpose;
27 (17) for a period of 2 years after July 1, 1990, by
28 a home rule municipality and a county board, upon
29 approval of a majority of the corporate authorities of
30 both the county board and the municipality, within an
31 area designated as an enterprise zone by the municipality
32 and the county board through an intergovernmental
33 agreement under the Illinois Enterprise Zone Act, when
34 the purpose of the condemnation proceeding is to acquire
HB1374 Enrolled -60- LRB9001775MWpc
1 land for the construction of an industrial harbor port,
2 and when the total amount of land to be acquired for that
3 purpose is less than 75 acres and is adjacent to the
4 Illinois River;
5 (18) by an airport authority located solely within
6 the boundaries of Madison County, Illinois, and which is
7 organized pursuant to the provisions of the Airport
8 Authorities Act, (i) for the acquisition of 160 acres, or
9 less, of land or interests therein for the purposes
10 specified in that Act which may be necessary to extend,
11 mark, and light runway 11/29 for a distance of 1600 feet
12 in length by 100 feet in width with parallel taxiway, to
13 relocate and mark County Highway 19, Madison County,
14 known as Moreland Road, to relocate the instrument
15 landing system including the approach lighting system and
16 to construct associated drainage, fencing and seeding
17 required for the foregoing project and (ii) for a period
18 of 6 months after December 28, 1989, for the acquisition
19 of 75 acres, or less, of land or interests therein for
20 the purposes specified in that Act which may be necessary
21 to extend, mark and light the south end of runway 17/35
22 at such airport;
23 (19) by any unit of local government for a
24 permanent easement for the purpose of maintaining,
25 dredging or cleaning the Little Calumet River;
26 (20) by any unit of local government for a
27 permanent easement for the purpose of maintaining,
28 dredging or cleaning the Salt Creek in DuPage County;
29 (21) by St. Clair County, Illinois, for the
30 development of a joint use facility at Scott Air Force
31 Base;
32 (22) by the Village of Summit, Illinois, to acquire
33 land for a waste to energy plant;
34 (23) for a period of 15 months after September 7,
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1 1990, by the Department of Transportation or by any unit
2 of local government under the terms of an
3 intergovernmental cooperation agreement between the
4 Department of Transportation and the unit of local
5 government for the purpose of developing aviation
6 facilities in and around Chanute Air Force Base in
7 Champaign County, Illinois;
8 (24) for a period of 1 year after December 12,
9 1990, by the City of Morris for the development of the
10 Morris Municipal Airport;
11 (25) for a period of 1 year after June 19, 1991, by
12 the Greater Rockford Airport Authority for airport
13 expansion purposes;
14 (26) for a period of 24 months after June 30, 1991,
15 by the City of Aurora for completion of an instrument
16 landing system and construction of an east-west runway at
17 the Aurora Municipal Airport;
18 (27) for the acquisition by the Metropolitan Pier
19 and Exposition Authority of property described in
20 subsection (f) of Section 5 of the Metropolitan Pier and
21 Exposition Authority Act for the purposes of providing
22 additional grounds, buildings, and facilities related to
23 the purposes of the Metropolitan Pier and Exposition
24 Authority;
25 (28) for a period of 24 months after March 1, 1992,
26 by the Village of Wheeling and the City of Prospect
27 Heights, owners of the Palwaukee Municipal Airport, to
28 allow for the acquisition of right of way to complete the
29 realignment of Hintz Road and Wolf Road;
30 (29) for a period of one year from the effective
31 date of this amendatory Act of 1992, by the
32 Bloomington-Normal Airport Authority for airport
33 expansion purposes;
34 (30) for a period of 24 months after September 10,
HB1374 Enrolled -62- LRB9001775MWpc
1 1993, by the Cook County Highway Department and Lake
2 County Department of Transportation to allow for the
3 acquisition of necessary right-of-way for construction of
4 underpasses for Lake-Cook Road at the Chicago
5 Northwestern Railroad crossing, west of Skokie Boulevard,
6 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
7 crossing, west of Waukegan Road;
8 (31) for a period of one year after December 23,
9 1993, by the City of Arcola and the City of Tuscola for
10 the development of the Arcola/Tuscola Water Transmission
11 Pipeline Project pursuant to the intergovernmental
12 agreement between the City of Arcola and the City of
13 Tuscola;
14 (32) for a period of 24 months from December 23,
15 1993, by the Village of Bensenville for the acquisition
16 of property bounded by Illinois Route 83 to the west and
17 O'Hare International Airport to the east to complete a
18 flood control project known as the Bensenville Ditch;
19 (33) for a period of 9 months after November 1,
20 1993, by the Medical Center Commission for the purpose of
21 acquiring a site for the Illinois State Police Forensic
22 Science Laboratory at Chicago, on the block bounded by
23 Roosevelt Road on the north, Wolcott Street on the east,
24 Washburn Street on the south, and Damen Avenue on the
25 west in Chicago, Illinois;
26 (34) for a period of 36 months after July 14, 1995,
27 by White County for the acquisition of a 3 1/2 mile
28 section of Bellaire Road, which is described as follows:
29 Commencing at the Northwest Corner of the Southeast 1/4
30 of Section 28, Township 6 South, Range 10 East of the 3rd
31 Principal Meridian; thence South to a point at the
32 Southwest Corner of the Southeast 1/4 of Section 9,
33 Township 7 South, Range 10 East of the 3rd Principal
34 Meridian;
HB1374 Enrolled -63- LRB9001775MWpc
1 (35) for a period of one year after July 14, 1995,
2 by the City of Aurora for permanent and temporary
3 easements except over land adjacent to Indian Creek and
4 west of Selmarten Creek located within the City of Aurora
5 for the construction of Phase II of the Indian Creek
6 Flood Control Project;
7 (35.1) for a period beginning June 24, 1995 (the
8 day following the effective date of Public Act 89-29) and
9 ending on July 13, 1995 (the day preceding the effective
10 date of Public Act 89-134), by the City of Aurora for
11 permanent and temporary easements for the construction of
12 Phase II of the Indian Creek Flood Control Project;
13 (36) for a period of 3 years from July 14, 1995, by
14 the Grand Avenue Railroad Relocation Authority for the
15 Grand Avenue Railroad Grade Separation Project within the
16 Village of Franklin Park, Illinois;
17 (37) for a period of 3 years after July 14, 1995,
18 by the Village of Romeoville for the acquisition of
19 rights-of-way for the 135th Street Bridge Project, lying
20 within the South 1/2 of Section 34, Township 37 North,
21 Range 10 East and the South 1/2 of Section 35, Township
22 37 North, Range 10 East of the Third Principal Meridian,
23 and the North 1/2 of Section 2, Township 36 North, Range
24 10 East and the North 1/2 of Section 3, Township 36
25 North, Range 10 East of the 3rd Principal Meridian, in
26 Will County, Illinois;
27 (37.1) for a period of 3 years after June 23, 1995,
28 by the Illinois Department of Transportation for the
29 acquisition of rights-of-way for the 135th Street Bridge
30 Project between the Des Plaines River and New Avenue
31 lying within the South 1/2 of Section 35, Township 37
32 North, Range 10 East of the Third Principal Meridian and
33 the North 1/2 of Section 2, Township 36 North, Range 10
34 East of the 3rd Principal Meridian, in Will County,
HB1374 Enrolled -64- LRB9001775MWpc
1 Illinois;
2 (38) for a period beginning June 24, 1995 (the day
3 after the effective date of Public Act 89-29) and ending
4 18 months after July 14, 1995 (the effective date of
5 Public Act 89-134), by the Anna-Jonesboro Water
6 Commission for the acquisition of land and easements for
7 improvements to its water treatment and storage
8 facilities and water transmission pipes;
9 (39) for a period of 36 months after July 14, 1995,
10 by the City of Effingham for the acquisition of property
11 which is described as follows:
12 Tract 1:
13 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
14 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
15 thereof recorded in Book "K", Page 769, in the Recorder's
16 Office of Effingham County), situated in the City of
17 Effingham, County of Effingham and State of Illinois.
18 Tract 2:
19 The alley lying South and adjoining Tract 1, as
20 vacated by Ordinance recorded on July 28, 1937 in Book
21 183, Page 465, and all right, title and interest in and
22 to said alley as established by the Contract for Easement
23 recorded on August 4, 1937 in Book 183, Page 472;
24 (40) for a period of one year after July 14, 1995,
25 by the Village of Palatine for the acquisition of
26 property located along the south side of Dundee Road
27 between Rand Road and Hicks Road for redevelopment
28 purposes;
29 (41) for a period of 6 years after July 1, 1995,
30 for the acquisition by the Medical Center District of
31 property described in Section 3 of the Illinois Medical
32 District Act within the District Development Area as
33 described in Section 4 of that Act for the purposes set
34 forth in that Act;
HB1374 Enrolled -65- LRB9001775MWpc
1 (41.5) for a period of 24 months after June 21,
2 1996 by the City of Effingham, Illinois for acquisition
3 of property for the South Raney Street Improvement
4 Project Phase I;
5 (42) for a period of 3 years after June 21, 1996,
6 by the Village of Deerfield for the acquisition of
7 territory within the Deerfield Village Center, as
8 designated as of that date by the Deerfield Comprehensive
9 Plan, with the exception of that area north of Jewett
10 Park Drive (extended) between Waukegan Road and the
11 Milwaukee Railroad Tracks, for redevelopment purposes;
12 (43) for a period of 12 months after June 21, 1996,
13 by the City of Harvard for the acquisition of property
14 lying west of Harvard Hills Road of sufficient size to
15 widen the Harvard Hills Road right of way and to install
16 and maintain city utility services not more than 200 feet
17 west of the center line of Harvard Hills Road;
18 (44) for a period of 5 years after June 21, 1996,
19 by the Village of River Forest, Illinois, within the area
20 designated as a tax increment financing district when the
21 purpose of the condemnation proceeding is to acquire land
22 for any of the purposes contained in the River Forest Tax
23 Increment Financing Plan or authorized by the Tax
24 Increment Allocation Redevelopment Act, provided that
25 condemnation of any property zoned and used exclusively
26 for residential purposes shall be prohibited;
27 (45) for a period of 18 months after June 28, 1996,
28 by the Village of Schaumburg for the acquisition of land,
29 easements, and aviation easements for the purpose of a
30 public airport in Cook and DuPage Counties; provided that
31 if any proceedings under the provisions of this Article
32 are pending on that date, "quick-take" may be utilized by
33 the Village of Schaumburg;
34 (46) for a period of one year after June 28, 1996,
HB1374 Enrolled -66- LRB9001775MWpc
1 by the City of Pinckneyville for the acquisition of land
2 and easements to provide for improvements to its water
3 treatment and storage facilities and water transmission
4 pipes, and for the construction of a sewerage treatment
5 facility and sewerage transmission pipes to serve the
6 Illinois Department of Corrections Pinckneyville
7 Correctional Facility;
8 (47) for a period of 6 months after June 28, 1996,
9 by the City of Streator for the acquisition of property
10 described as follows for a first flush basin sanitary
11 sewer system:
12 Tract 5: That part of lots 20 and 21 in Block
13 6 in Moore and Plumb's addition to the city of
14 Streator, Illinois, lying south of the right of way
15 of the switch track of the Norfolk and Western
16 Railroad (now abandoned) in the county of LaSalle,
17 State of Illinois.
18 Tract 6: That part of lots 30, 31 and 32 in
19 Block 7 in Moore and Plumb's Addition to the city of
20 Streator, Illinois, lying north of the centerline of
21 Coal Run Creek and south of the right of way of the
22 switch track of the Norfolk and Western Railroad
23 (now abandoned) in the county of LaSalle, State of
24 Illinois;
25 (48) for a period of 36 months after January 16,
26 1997 the effective date of this amendatory Act of 1996,
27 by the Bi-State Development Agency of the
28 Missouri-Illinois Metropolitan District for the
29 acquisition of rights of way and related property
30 necessary for the construction and operation of the
31 MetroLink Light Rail System, beginning in East St. Louis,
32 Illinois, and terminating at Mid America Airport, St.
33 Clair County, Illinois;
34 (49) for a period of 2 years after January 16, 1997
HB1374 Enrolled -67- LRB9001775MWpc
1 the effective date of this amendatory Act of 1996, by the
2 Village of Schaumburg for the acquisition of
3 rights-of-way, permanent easements, and temporary
4 easements for the purpose of improving the Roselle
5 Road/Illinois Route 58/Illinois Route 72 corridor,
6 including rights-of-way along Roselle Road, Remington
7 Road, Valley Lake Drive, State Parkway, Commerce Drive,
8 Kristin Circle, and Hillcrest Boulevard, a permanent
9 easement along Roselle Road, and temporary easements
10 along Roselle Road, State Parkway, Valley Lake Drive,
11 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
12 in Cook County;.
13 (50) (48) by the Department of Transportation for
14 purposes of acquiring private property as specified in
15 the Meigs Field Airport Act;.
16 (51) for a period of 3 years after July 1, 1997, by
17 the Village of Elmwood Park to be used only for the
18 acquisition of commercially zoned property within the
19 area designated as the Tax Increment Redevelopment
20 Project Area by ordinance passed and approved on December
21 15, 1986, as well as to be used only for the acquisition
22 of commercially zoned property located at the northwest
23 corner of North Avenue and Harlem Avenue and commercially
24 zoned property located at the southwest corner of Harlem
25 Avenue and Armitage Avenue for redevelopment purposes, as
26 set forth in Division 74.3 of Article 11 of the Illinois
27 Municipal Code.
28 In a proceeding subject to this Section, the plaintiff,
29 at any time after the complaint has been filed and before
30 judgment is entered in the proceeding, may file a written
31 motion requesting that, immediately or at some specified
32 later date, the plaintiff either be vested with the fee
33 simple title (or such lesser estate, interest or easement, as
34 may be required) to the real property, or specified portion
HB1374 Enrolled -68- LRB9001775MWpc
1 thereof, which is the subject of the proceeding, and be
2 authorized to take possession of and use such property; or
3 only be authorized to take possession of and to use such
4 property, if such possession and use, without the vesting of
5 title, are sufficient to permit the plaintiff to proceed with
6 the project until the final ascertainment of compensation;
7 however, no land or interests therein now or hereafter owned,
8 leased, controlled or operated and used by, or necessary for
9 the actual operation of, any common carrier engaged in
10 interstate commerce, or any other public utility subject to
11 the jurisdiction of the Illinois Commerce Commission, shall
12 be taken or appropriated hereunder by the State of Illinois,
13 the Illinois Toll Highway Authority, the sanitary district,
14 the St. Louis Metropolitan Area Airport Authority or the
15 Board of Trustees of the University of Illinois without first
16 securing the approval of such Commission.
17 Except as hereinafter stated, the motion for taking shall
18 state: (1) an accurate description of the property to which
19 the motion relates and the estate or interest sought to be
20 acquired therein; (2) the formally adopted schedule or plan
21 of operation for the execution of the plaintiff's project;
22 (3) the situation of the property to which the motion
23 relates, with respect to the schedule or plan; (4) the
24 necessity for taking such property in the manner requested in
25 the motion; and (5) if the property (except property
26 described in Section 3 of the Sports Stadium Act, or property
27 described as Site B in Section 2 of the Metropolitan Pier and
28 Exposition Authority Act, or property that is taken as
29 provided in the Meigs Field Airport Act) to be taken is
30 owned, leased, controlled or operated and used by, or
31 necessary for the actual operation of, any interstate common
32 carrier or other public utility subject to the jurisdiction
33 of the Illinois Commerce Commission, a statement to the
34 effect that the approval of such proposed taking has been
HB1374 Enrolled -69- LRB9001775MWpc
1 secured from such Commission, and attaching to such motion a
2 certified copy of the order of such Commission granting such
3 approval. If the schedule or plan of operation is not set
4 forth fully in the motion, a copy of such schedule or plan
5 shall be attached to the motion.
6 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
7 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
8 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
9 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
10 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
11 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
12 Section 995. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 999. Effective date. This Act takes effect upon
20 becoming law.