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1 | | of increase approved by voters under Section 18-205.
|
2 | | "Affected county" means a county of 3,000,000 or more |
3 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
4 | | more inhabitants.
|
5 | | "Taxing district" has the same meaning provided in Section |
6 | | 1-150, except as
otherwise provided in this Section. For the |
7 | | 1991 through 1994 levy years only,
"taxing district" includes |
8 | | only each non-home rule taxing district having the
majority of |
9 | | its
1990 equalized assessed value within any county or counties |
10 | | contiguous to a
county with 3,000,000 or more inhabitants. |
11 | | Beginning with the 1995 levy
year, "taxing district" includes |
12 | | only each non-home rule taxing district
subject to this Law |
13 | | before the 1995 levy year and each non-home rule
taxing |
14 | | district not subject to this Law before the 1995 levy year |
15 | | having the
majority of its 1994 equalized assessed value in an |
16 | | affected county or
counties. Beginning with the levy year in
|
17 | | which this Law becomes applicable to a taxing district as
|
18 | | provided in Section 18-213, "taxing district" also includes |
19 | | those taxing
districts made subject to this Law as provided in |
20 | | Section 18-213.
|
21 | | "Aggregate extension" for taxing districts to which this |
22 | | Law applied before
the 1995 levy year means the annual |
23 | | corporate extension for the taxing
district and those special |
24 | | purpose extensions that are made annually for
the taxing |
25 | | district, excluding special purpose extensions: (a) made for |
26 | | the
taxing district to pay interest or principal on general |
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1 | | obligation bonds
that were approved by referendum; (b) made for |
2 | | any taxing district to pay
interest or principal on general |
3 | | obligation bonds issued before October 1,
1991; (c) made for |
4 | | any taxing district to pay interest or principal on bonds
|
5 | | issued to refund or continue to refund those bonds issued |
6 | | before October 1,
1991; (d)
made for any taxing district to pay |
7 | | interest or principal on bonds
issued to refund or continue to |
8 | | refund bonds issued after October 1, 1991 that
were approved by |
9 | | referendum; (e)
made for any taxing district to pay interest
or |
10 | | principal on revenue bonds issued before October 1, 1991 for |
11 | | payment of
which a property tax levy or the full faith and |
12 | | credit of the unit of local
government is pledged; however, a |
13 | | tax for the payment of interest or principal
on those bonds |
14 | | shall be made only after the governing body of the unit of |
15 | | local
government finds that all other sources for payment are |
16 | | insufficient to make
those payments; (f) made for payments |
17 | | under a building commission lease when
the lease payments are |
18 | | for the retirement of bonds issued by the commission
before |
19 | | October 1, 1991, to pay for the building project; (g) made for |
20 | | payments
due under installment contracts entered into before |
21 | | October 1, 1991;
(h) made for payments of principal and |
22 | | interest on bonds issued under the
Metropolitan Water |
23 | | Reclamation District Act to finance construction projects
|
24 | | initiated before October 1, 1991; (i) made for payments of |
25 | | principal and
interest on limited bonds, as defined in Section |
26 | | 3 of the Local Government Debt
Reform Act, in an amount not to |
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1 | | exceed the debt service extension base less
the amount in items |
2 | | (b), (c), (e), and (h) of this definition for
non-referendum |
3 | | obligations, except obligations initially issued pursuant to
|
4 | | referendum; (j) made for payments of principal and interest on |
5 | | bonds
issued under Section 15 of the Local Government Debt |
6 | | Reform Act; (k)
made
by a school district that participates in |
7 | | the Special Education District of
Lake County, created by |
8 | | special education joint agreement under Section
10-22.31 of the |
9 | | School Code, for payment of the school district's share of the
|
10 | | amounts required to be contributed by the Special Education |
11 | | District of Lake
County to the Illinois Municipal Retirement |
12 | | Fund under Article 7 of the
Illinois Pension Code; the amount |
13 | | of any extension under this item (k) shall be
certified by the |
14 | | school district to the county clerk; (l) made to fund
expenses |
15 | | of providing joint recreational programs for the handicapped |
16 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
17 | | of the Illinois Municipal Code; (m) made for temporary |
18 | | relocation loan repayment purposes pursuant to Sections 2-3.77 |
19 | | and 17-2.2d of the School Code; (n) made for payment of |
20 | | principal and interest on any bonds issued under the authority |
21 | | of Section 17-2.2d of the School Code; and (o) made for |
22 | | contributions to a firefighter's pension fund created under |
23 | | Article 4 of the Illinois Pension Code, to the extent of the |
24 | | amount certified under item (5) of Section 4-134 of the |
25 | | Illinois Pension Code ; and (p) made for road purposes in the |
26 | | first year after a township assumes the rights, powers, duties, |
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1 | | assets, property, liabilities, obligations, and
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2 | | responsibilities of a road district abolished under the |
3 | | provisions of Section 6-133 of the Illinois Highway Code .
|
4 | | "Aggregate extension" for the taxing districts to which |
5 | | this Law did not
apply before the 1995 levy year (except taxing |
6 | | districts subject to this Law
in
accordance with Section |
7 | | 18-213) means the annual corporate extension for the
taxing |
8 | | district and those special purpose extensions that are made |
9 | | annually for
the taxing district, excluding special purpose |
10 | | extensions: (a) made for the
taxing district to pay interest or |
11 | | principal on general obligation bonds that
were approved by |
12 | | referendum; (b) made for any taxing district to pay interest
or |
13 | | principal on general obligation bonds issued before March 1, |
14 | | 1995; (c) made
for any taxing district to pay interest or |
15 | | principal on bonds issued to refund
or continue to refund those |
16 | | bonds issued before March 1, 1995; (d) made for any
taxing |
17 | | district to pay interest or principal on bonds issued to refund |
18 | | or
continue to refund bonds issued after March 1, 1995 that |
19 | | were approved by
referendum; (e) made for any taxing district |
20 | | to pay interest or principal on
revenue bonds issued before |
21 | | March 1, 1995 for payment of which a property tax
levy or the |
22 | | full faith and credit of the unit of local government is |
23 | | pledged;
however, a tax for the payment of interest or |
24 | | principal on those bonds shall be
made only after the governing |
25 | | body of the unit of local government finds that
all other |
26 | | sources for payment are insufficient to make those payments; |
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1 | | (f) made
for payments under a building commission lease when |
2 | | the lease payments are for
the retirement of bonds issued by |
3 | | the commission before March 1, 1995 to
pay for the building |
4 | | project; (g) made for payments due under installment
contracts |
5 | | entered into before March 1, 1995; (h) made for payments of
|
6 | | principal and interest on bonds issued under the Metropolitan |
7 | | Water Reclamation
District Act to finance construction |
8 | | projects initiated before October 1,
1991; (h-4) made for |
9 | | stormwater management purposes by the Metropolitan Water |
10 | | Reclamation District of Greater Chicago under Section 12 of the |
11 | | Metropolitan Water Reclamation District Act; (i) made for |
12 | | payments of principal and interest on limited bonds,
as defined |
13 | | in Section 3 of the Local Government Debt Reform Act, in an |
14 | | amount
not to exceed the debt service extension base less the |
15 | | amount in items (b),
(c), and (e) of this definition for |
16 | | non-referendum obligations, except
obligations initially |
17 | | issued pursuant to referendum and bonds described in
subsection |
18 | | (h) of this definition; (j) made for payments of
principal and |
19 | | interest on bonds issued under Section 15 of the Local |
20 | | Government
Debt Reform Act; (k) made for payments of principal |
21 | | and interest on bonds
authorized by Public Act 88-503 and |
22 | | issued under Section 20a of the Chicago
Park District Act for |
23 | | aquarium or
museum projects; (l) made for payments of principal |
24 | | and interest on
bonds
authorized by Public Act 87-1191 or |
25 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
26 | | County Forest
Preserve District Act, (ii) issued under Section |
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1 | | 42 of the Cook County
Forest Preserve District Act for |
2 | | zoological park projects, or (iii) issued
under Section 44.1 of |
3 | | the Cook County Forest Preserve District Act for
botanical |
4 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
5 | | School Code, whether levied annually or not;
(n) made to fund |
6 | | expenses of providing joint recreational programs for the
|
7 | | handicapped under Section 5-8 of the Park
District Code or |
8 | | Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
9 | | the
Chicago Park
District for recreational programs for the |
10 | | handicapped under subsection (c) of
Section
7.06 of the Chicago |
11 | | Park District Act; (p) made for contributions to a |
12 | | firefighter's pension fund created under Article 4 of the |
13 | | Illinois Pension Code, to the extent of the amount certified |
14 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
15 | | and (q) made by Ford Heights School District 169 under Section |
16 | | 17-9.02 of the School Code.
|
17 | | "Aggregate extension" for all taxing districts to which |
18 | | this Law applies in
accordance with Section 18-213, except for |
19 | | those taxing districts subject to
paragraph (2) of subsection |
20 | | (e) of Section 18-213, means the annual corporate
extension for |
21 | | the
taxing district and those special purpose extensions that |
22 | | are made annually for
the taxing district, excluding special |
23 | | purpose extensions: (a) made for the
taxing district to pay |
24 | | interest or principal on general obligation bonds that
were |
25 | | approved by referendum; (b) made for any taxing district to pay |
26 | | interest
or principal on general obligation bonds issued before |
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1 | | the date on which the
referendum making this
Law applicable to |
2 | | the taxing district is held; (c) made
for any taxing district |
3 | | to pay interest or principal on bonds issued to refund
or |
4 | | continue to refund those bonds issued before the date on which |
5 | | the
referendum making this Law
applicable to the taxing |
6 | | district is held;
(d) made for any
taxing district to pay |
7 | | interest or principal on bonds issued to refund or
continue to |
8 | | refund bonds issued after the date on which the referendum |
9 | | making
this Law
applicable to the taxing district is held if |
10 | | the bonds were approved by
referendum after the date on which |
11 | | the referendum making this Law
applicable to the taxing |
12 | | district is held; (e) made for any
taxing district to pay |
13 | | interest or principal on
revenue bonds issued before the date |
14 | | on which the referendum making this Law
applicable to the
|
15 | | taxing district is held for payment of which a property tax
|
16 | | levy or the full faith and credit of the unit of local |
17 | | government is pledged;
however, a tax for the payment of |
18 | | interest or principal on those bonds shall be
made only after |
19 | | the governing body of the unit of local government finds that
|
20 | | all other sources for payment are insufficient to make those |
21 | | payments; (f) made
for payments under a building commission |
22 | | lease when the lease payments are for
the retirement of bonds |
23 | | issued by the commission before the date on which the
|
24 | | referendum making this
Law applicable to the taxing district is |
25 | | held to
pay for the building project; (g) made for payments due |
26 | | under installment
contracts entered into before the date on |
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1 | | which the referendum making this Law
applicable to
the taxing |
2 | | district is held;
(h) made for payments
of principal and |
3 | | interest on limited bonds,
as defined in Section 3 of the Local |
4 | | Government Debt Reform Act, in an amount
not to exceed the debt |
5 | | service extension base less the amount in items (b),
(c), and |
6 | | (e) of this definition for non-referendum obligations, except
|
7 | | obligations initially issued pursuant to referendum; (i) made |
8 | | for payments
of
principal and interest on bonds issued under |
9 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
10 | | for a qualified airport authority to pay interest or principal |
11 | | on
general obligation bonds issued for the purpose of paying |
12 | | obligations due
under, or financing airport facilities |
13 | | required to be acquired, constructed,
installed or equipped |
14 | | pursuant to, contracts entered into before March
1, 1996 (but |
15 | | not including any amendments to such a contract taking effect |
16 | | on
or after that date); (k) made to fund expenses of providing |
17 | | joint
recreational programs for the handicapped under Section |
18 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
19 | | Illinois Municipal Code; (l) made for contributions to a |
20 | | firefighter's pension fund created under Article 4 of the |
21 | | Illinois Pension Code, to the extent of the amount certified |
22 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
23 | | and (m) made for the taxing district to pay interest or |
24 | | principal on general obligation bonds issued pursuant to |
25 | | Section 19-3.10 of the School Code.
|
26 | | "Aggregate extension" for all taxing districts to which |
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1 | | this Law applies in
accordance with paragraph (2) of subsection |
2 | | (e) of Section 18-213 means the
annual corporate extension for |
3 | | the
taxing district and those special purpose extensions that |
4 | | are made annually for
the taxing district, excluding special |
5 | | purpose extensions: (a) made for the
taxing district to pay |
6 | | interest or principal on general obligation bonds that
were |
7 | | approved by referendum; (b) made for any taxing district to pay |
8 | | interest
or principal on general obligation bonds issued before |
9 | | the effective date of
this amendatory Act of 1997;
(c) made
for |
10 | | any taxing district to pay interest or principal on bonds |
11 | | issued to refund
or continue to refund those bonds issued |
12 | | before the effective date
of this amendatory Act of 1997;
(d) |
13 | | made for any
taxing district to pay interest or principal on |
14 | | bonds issued to refund or
continue to refund bonds issued after |
15 | | the effective date of this amendatory Act
of 1997 if the bonds |
16 | | were approved by referendum after the effective date of
this |
17 | | amendatory Act of 1997;
(e) made for any
taxing district to pay |
18 | | interest or principal on
revenue bonds issued before the |
19 | | effective date of this amendatory Act of 1997
for payment of |
20 | | which a property tax
levy or the full faith and credit of the |
21 | | unit of local government is pledged;
however, a tax for the |
22 | | payment of interest or principal on those bonds shall be
made |
23 | | only after the governing body of the unit of local government |
24 | | finds that
all other sources for payment are insufficient to |
25 | | make those payments; (f) made
for payments under a building |
26 | | commission lease when the lease payments are for
the retirement |
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1 | | of bonds issued by the commission before the effective date
of |
2 | | this amendatory Act of 1997
to
pay for the building project; |
3 | | (g) made for payments due under installment
contracts entered |
4 | | into before the effective date of this amendatory Act of
1997;
|
5 | | (h) made for payments
of principal and interest on limited |
6 | | bonds,
as defined in Section 3 of the Local Government Debt |
7 | | Reform Act, in an amount
not to exceed the debt service |
8 | | extension base less the amount in items (b),
(c), and (e) of |
9 | | this definition for non-referendum obligations, except
|
10 | | obligations initially issued pursuant to referendum; (i) made |
11 | | for payments
of
principal and interest on bonds issued under |
12 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
13 | | for a qualified airport authority to pay interest or principal |
14 | | on
general obligation bonds issued for the purpose of paying |
15 | | obligations due
under, or financing airport facilities |
16 | | required to be acquired, constructed,
installed or equipped |
17 | | pursuant to, contracts entered into before March
1, 1996 (but |
18 | | not including any amendments to such a contract taking effect |
19 | | on
or after that date); (k) made to fund expenses of providing |
20 | | joint
recreational programs for the handicapped under Section |
21 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
22 | | Illinois Municipal Code; and (l) made for contributions to a |
23 | | firefighter's pension fund created under Article 4 of the |
24 | | Illinois Pension Code, to the extent of the amount certified |
25 | | under item (5) of Section 4-134 of the Illinois Pension Code.
|
26 | | "Debt service extension base" means an amount equal to that |
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1 | | portion of the
extension for a taxing district for the 1994 |
2 | | levy year, or for those taxing
districts subject to this Law in |
3 | | accordance with Section 18-213, except for
those subject to |
4 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
|
5 | | year in which the referendum making this Law applicable to the |
6 | | taxing district
is held, or for those taxing districts subject |
7 | | to this Law in accordance with
paragraph (2) of subsection (e) |
8 | | of Section 18-213 for the 1996 levy year,
constituting an
|
9 | | extension for payment of principal and interest on bonds issued |
10 | | by the taxing
district without referendum, but not including |
11 | | excluded non-referendum bonds. For park districts (i) that were |
12 | | first
subject to this Law in 1991 or 1995 and (ii) whose |
13 | | extension for the 1994 levy
year for the payment of principal |
14 | | and interest on bonds issued by the park
district without |
15 | | referendum (but not including excluded non-referendum bonds)
|
16 | | was less than 51% of the amount for the 1991 levy year |
17 | | constituting an
extension for payment of principal and interest |
18 | | on bonds issued by the park
district without referendum (but |
19 | | not including excluded non-referendum bonds),
"debt service |
20 | | extension base" means an amount equal to that portion of the
|
21 | | extension for the 1991 levy year constituting an extension for |
22 | | payment of
principal and interest on bonds issued by the park |
23 | | district without referendum
(but not including excluded |
24 | | non-referendum bonds). A debt service extension base |
25 | | established or increased at any time pursuant to any provision |
26 | | of this Law, except Section 18-212, shall be increased each |
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1 | | year commencing with the later of (i) the 2009 levy year or |
2 | | (ii) the first levy year in which this Law becomes applicable |
3 | | to the taxing district, by the lesser of 5% or the percentage |
4 | | increase in the Consumer Price Index during the 12-month |
5 | | calendar year preceding the levy year. The debt service |
6 | | extension
base may be established or increased as provided |
7 | | under Section 18-212.
"Excluded non-referendum bonds" means |
8 | | (i) bonds authorized by Public
Act 88-503 and issued under |
9 | | Section 20a of the Chicago Park District Act for
aquarium and |
10 | | museum projects; (ii) bonds issued under Section 15 of the
|
11 | | Local Government Debt Reform Act; or (iii) refunding |
12 | | obligations issued
to refund or to continue to refund |
13 | | obligations initially issued pursuant to
referendum.
|
14 | | "Special purpose extensions" include, but are not limited |
15 | | to, extensions
for levies made on an annual basis for |
16 | | unemployment and workers'
compensation, self-insurance, |
17 | | contributions to pension plans, and extensions
made pursuant to |
18 | | Section 6-601 of the Illinois Highway Code for a road
|
19 | | district's permanent road fund whether levied annually or not. |
20 | | The
extension for a special service area is not included in the
|
21 | | aggregate extension.
|
22 | | "Aggregate extension base" means the taxing district's |
23 | | last preceding
aggregate extension as adjusted under Sections |
24 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
25 | | shall be made for the 2007 levy year and all subsequent levy |
26 | | years whenever one or more counties within which a taxing |
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1 | | district is located (i) used estimated valuations or rates when |
2 | | extending taxes in the taxing district for the last preceding |
3 | | levy year that resulted in the over or under extension of |
4 | | taxes, or (ii) increased or decreased the tax extension for the |
5 | | last preceding levy year as required by Section 18-135(c). |
6 | | Whenever an adjustment is required under Section 18-135, the |
7 | | aggregate extension base of the taxing district shall be equal |
8 | | to the amount that the aggregate extension of the taxing |
9 | | district would have been for the last preceding levy year if |
10 | | either or both (i) actual, rather than estimated, valuations or |
11 | | rates had been used to calculate the extension of taxes for the |
12 | | last levy year, or (ii) the tax extension for the last |
13 | | preceding levy year had not been adjusted as required by |
14 | | subsection (c) of Section 18-135.
|
15 | | "Levy year" has the same meaning as "year" under Section
|
16 | | 1-155.
|
17 | | "New property" means (i) the assessed value, after final |
18 | | board of review or
board of appeals action, of new improvements |
19 | | or additions to existing
improvements on any parcel of real |
20 | | property that increase the assessed value of
that real property |
21 | | during the levy year multiplied by the equalization factor
|
22 | | issued by the Department under Section 17-30, (ii) the assessed |
23 | | value, after
final board of review or board of appeals action, |
24 | | of real property not exempt
from real estate taxation, which |
25 | | real property was exempt from real estate
taxation for any |
26 | | portion of the immediately preceding levy year, multiplied by
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1 | | the equalization factor issued by the Department under Section |
2 | | 17-30, including the assessed value, upon final stabilization |
3 | | of occupancy after new construction is complete, of any real |
4 | | property located within the boundaries of an otherwise or |
5 | | previously exempt military reservation that is intended for |
6 | | residential use and owned by or leased to a private corporation |
7 | | or other entity, and
(iii) in counties that classify in |
8 | | accordance with Section 4 of Article
IX of the
Illinois |
9 | | Constitution, an incentive property's additional assessed |
10 | | value
resulting from a
scheduled increase in the level of |
11 | | assessment as applied to the first year
final board of
review |
12 | | market value.
In addition, the county clerk in a county |
13 | | containing a population of
3,000,000 or more shall include in |
14 | | the 1997
recovered tax increment value for any school district, |
15 | | any recovered tax
increment value that was applicable to the |
16 | | 1995 tax year calculations.
|
17 | | "Qualified airport authority" means an airport authority |
18 | | organized under
the Airport Authorities Act and located in a |
19 | | county bordering on the State of
Wisconsin and having a |
20 | | population in excess of 200,000 and not greater than
500,000.
|
21 | | "Recovered tax increment value" means, except as otherwise |
22 | | provided in this
paragraph, the amount of the current year's |
23 | | equalized assessed value, in the
first year after a |
24 | | municipality terminates
the designation of an area as a |
25 | | redevelopment project area previously
established under the |
26 | | Tax Increment Allocation Development Act in the Illinois
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1 | | Municipal Code, previously established under the Industrial |
2 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
3 | | established under the Economic Development Project Area Tax |
4 | | Increment Act of 1995, or previously established under the |
5 | | Economic
Development Area Tax Increment Allocation Act, of each |
6 | | taxable lot, block,
tract, or parcel of real property in the |
7 | | redevelopment project area over and
above the initial equalized |
8 | | assessed value of each property in the
redevelopment project |
9 | | area.
For the taxes which are extended for the 1997 levy year, |
10 | | the recovered tax
increment value for a non-home rule taxing |
11 | | district that first became subject
to this Law for the 1995 |
12 | | levy year because a majority of its 1994 equalized
assessed |
13 | | value was in an affected county or counties shall be increased |
14 | | if a
municipality terminated the designation of an area in 1993 |
15 | | as a redevelopment
project area previously established under |
16 | | the Tax Increment Allocation
Development Act in the Illinois |
17 | | Municipal Code, previously established under
the Industrial |
18 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
|
19 | | established under the Economic Development Area Tax Increment |
20 | | Allocation Act,
by an amount equal to the 1994 equalized |
21 | | assessed value of each taxable lot,
block, tract, or parcel of |
22 | | real property in the redevelopment project area over
and above |
23 | | the initial equalized assessed value of each property in the
|
24 | | redevelopment project area.
In the first year after a |
25 | | municipality
removes a taxable lot, block, tract, or parcel of |
26 | | real property from a
redevelopment project area established |
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1 | | under the Tax Increment Allocation
Development Act in the |
2 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
3 | | the Illinois Municipal Code, or the Economic
Development Area |
4 | | Tax Increment Allocation Act, "recovered tax increment value"
|
5 | | means the amount of the current year's equalized assessed value |
6 | | of each taxable
lot, block, tract, or parcel of real property |
7 | | removed from the redevelopment
project area over and above the |
8 | | initial equalized assessed value of that real
property before |
9 | | removal from the redevelopment project area.
|
10 | | Except as otherwise provided in this Section, "limiting |
11 | | rate" means a
fraction the numerator of which is the last
|
12 | | preceding aggregate extension base times an amount equal to one |
13 | | plus the
extension limitation defined in this Section and the |
14 | | denominator of which
is the current year's equalized assessed |
15 | | value of all real property in the
territory under the |
16 | | jurisdiction of the taxing district during the prior
levy year. |
17 | | For those taxing districts that reduced their aggregate
|
18 | | extension for the last preceding levy year, the highest |
19 | | aggregate extension
in any of the last 3 preceding levy years |
20 | | shall be used for the purpose of
computing the limiting rate. |
21 | | The denominator shall not include new
property or the recovered |
22 | | tax increment
value.
If a new rate, a rate decrease, or a |
23 | | limiting rate increase has been approved at an election held |
24 | | after March 21, 2006, then (i) the otherwise applicable |
25 | | limiting rate shall be increased by the amount of the new rate |
26 | | or shall be reduced by the amount of the rate decrease, as the |
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1 | | case may be, or (ii) in the case of a limiting rate increase, |
2 | | the limiting rate shall be equal to the rate set forth
in the |
3 | | proposition approved by the voters for each of the years |
4 | | specified in the proposition, after
which the limiting rate of |
5 | | the taxing district shall be calculated as otherwise provided.
|
6 | | (Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404, |
7 | | eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09; |
8 | | 96-517, eff. 8-14-09; 96-1000, eff. 7-2-10; 96-1202, eff. |
9 | | 7-22-10.)
|
10 | | Section 10. The Township Code is amended by changing |
11 | | Sections 235-5 and 235-10 as follows:
|
12 | | (60 ILCS 1/235-5)
|
13 | | Sec. 235-5. Township taxes for various purposes. The |
14 | | township board may
raise money, by taxation not exceeding the |
15 | | rates established in Section 235-10,
for the following |
16 | | purposes:
|
17 | | (1) Prosecuting or defending suits by or against the |
18 | | township or in which
the township is interested.
|
19 | | (2) Maintaining cemeteries under the control, |
20 | | management, and ownership of
the township and controlling, |
21 | | managing, and maintaining public cemeteries
not operated |
22 | | for profit, notwithstanding the provisions of Section 1c of |
23 | | the
Public Graveyards Act.
|
24 | | (3) Maintaining and operating a public nonsectarian |
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1 | | hospital under Article
175. This authorization does not |
2 | | apply to any township that avails itself of
the provisions |
3 | | of Article 170.
|
4 | | (4) Maintaining and operating a township committee on |
5 | | youth under Section
215-5.
|
6 | | (5) Providing mental health services under Section |
7 | | 190-10.
|
8 | | (6) Providing services in cooperation with another |
9 | | governmental entity,
not-for-profit corporation, or |
10 | | nonprofit community service association under
Section |
11 | | 85-13.
|
12 | | (7) Maintaining and operating a township committee for |
13 | | senior citizens'
services under Section 220-10.
|
14 | | (8) Maintaining and operating a township health |
15 | | service that may provide,
but is not required to provide or |
16 | | limited to providing, examination, diagnosis,
testing, and |
17 | | inoculation and all necessary and appurtenant personnel,
|
18 | | equipment, and insurance.
|
19 | | (9) Accumulating moneys in a dedicated fund for a |
20 | | specific capital
construction
or maintenance project or a |
21 | | major equipment purchase. The annual budget and
|
22 | | appropriation ordinance for the township shall state the |
23 | | amount, purpose, and
duration of any accumulation of funds |
24 | | authorized under this Section, with
specific reference to |
25 | | each project to be constructed or equipment to be
|
26 | | purchased. Nothing in this item precludes a township from |
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1 | | accumulating moneys
as provided in Section 6-501 of the |
2 | | Illinois Highway Code.
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3 | | (10) Executing the rights, powers, duties, and |
4 | | responsibilities, or satisfying the liabilities or |
5 | | obligations, assumed from a road district abolished under |
6 | | the provisions of Section 6-133 of the Illinois Highway |
7 | | Code. |
8 | | (11) (10) Any other purpose authorized by law.
|
9 | | (Source: P.A. 91-357, eff. 7-29-99; 92-656, eff. 7-16-02.)
|
10 | | (60 ILCS 1/235-10)
|
11 | | Sec. 235-10. Rate of tax; referendum to increase maximum |
12 | | rate.
|
13 | | (a) In townships having an equalized assessed valuation of |
14 | | $36,000,000 or
more, taxes authorized by subsection (a) may be |
15 | | extended at a rate not
exceeding 0.25% of value, as equalized |
16 | | or assessed by the Department of
Revenue, of all taxable |
17 | | property in the township.
|
18 | | (b) In townships having an equalized assessed valuation of |
19 | | $30,000,000 but
less than $36,000,000, taxes authorized by |
20 | | subsection (a) may be extended at a
rate calculated to yield |
21 | | tax revenues not exceeding $90,000.
|
22 | | (c) In townships having an equalized assessed valuation of |
23 | | $15,000,000 but
less than $30,000,000, taxes authorized by |
24 | | subsection (a) may be extended at
a rate not exceeding the rate |
25 | | computed by subtracting 0.01% of value for
each $1,000,000 or |
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1 | | major fraction thereof in excess of $15,000,000 but less
than |
2 | | $30,000,000 of equalized assessed valuation from the rate of |
3 | | 0.45% of
value.
|
4 | | (d) In townships having an equalized assessed valuation of |
5 | | less than
$15,000,000, taxes may be extended at a rate not |
6 | | exceeding 0.45% of value,
as equalized or assessed by the |
7 | | Department of Revenue, of all taxable property
in the township.
|
8 | | (e)(1) In townships having an equalized assessed valuation |
9 | | of less than
$10,000,000, taxes may be extended at a rate of |
10 | | not more than 0.45% of value,
or not more than 0.65% of value |
11 | | if approved by voters in the township in a
referendum on the |
12 | | limit increase, as equalized or assessed by the
Department of |
13 | | Revenue, of all taxable property in the township.
|
14 | | (2) On the petition of at least 10% of the registered |
15 | | voters residing in
the township to the township clerk, the |
16 | | clerk shall order a referendum on the
proposition to increase |
17 | | the extension limitation as provided in the petition.
The |
18 | | township clerk shall certify the proposition to the proper |
19 | | election
officials, who shall submit the proposition to the |
20 | | township voters at the
next election in accordance with the |
21 | | general election law. The proposition
shall be in substantially |
22 | | the following form:
|
23 | | Shall the present maximum tax extension limit of |
24 | | (insert present
maximum tax extension limit) of the value, |
25 | | as equalized or assessed by the
Department of Revenue, of |
26 | | the taxable real property in (name of township) be
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1 | | increased to a maximum tax extension limit of (insert |
2 | | proposed maximum tax
extension limit) of the value, as |
3 | | equalized or assessed by the Department of
Revenue, of the |
4 | | taxable real property in (name of township)?
|
5 | | The votes shall be recorded as "Yes" or "No".
|
6 | | (3) If a majority of all ballots cast on the proposition is |
7 | | in favor
of the increase, the county clerk shall certify the |
8 | | results of the election to
the township clerk.
|
9 | | (f) Any township having exceeded an equalized assessed |
10 | | valuation of
$15,000,000 before September 17, 1983, may tax at |
11 | | the rate authorized to be
extended under this Section if |
12 | | approved by the township voters at the annual
township meeting. |
13 | | If approval is not obtained, the tax may not be extended at a
|
14 | | rate of more than 0.25% of the value, as equalized and assessed |
15 | | by the
Department of Revenue, of all taxable property in the |
16 | | township. |
17 | | (g) Any township having assumed the rights, powers, duties, |
18 | | assets, property, liabilities, obligations, and
|
19 | | responsibilities of a road district abolished under the |
20 | | provisions of Section 6-133 of the Illinois Highway Code may |
21 | | tax at a rate determined by adding the rate authorized to be |
22 | | extended under this Section to the last rate authorized to be |
23 | | extended for road purposes under Section 6-501 of the Illinois |
24 | | Highway Code.
|
25 | | (Source: P.A. 85-1178; 88-62.)
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1 | | Section 15. The Illinois Highway Code is amended by adding |
2 | | Section 6-133 as follows: |
3 | | (605 ILCS 5/6-133 new) |
4 | | Sec. 6-133. Abolishing a road district in Cook County. By |
5 | | resolution, the board of trustees of any township located in |
6 | | Cook County, Illinois, may submit a proposition to abolish the |
7 | | road district of that township to the electors of that township
|
8 | | at a general election or consolidated election in accordance |
9 | | with the general election law. The
ballot shall be in |
10 | | substantially the following form: |
|
11 | | --------- | | |
12 | | Shall the Road District of the Township of | | | |
13 | | ........... be abolished with all the rights, | YES | | |
14 | | powers, duties, assets, property, liabilities, | |
15 | | obligations, and responsibilities being assumed | --------- | | |
16 | | by the Township of ........... ? | NO | | |
17 | | --------- | |
|
18 | | In the event that a majority of the electors voting on such |
19 | | proposition are in favor thereof, then
the road district shall |
20 | | be abolished by operation of law effective on January 1 of the |
21 | | calendar
year immediately following the calendar year in which |
22 | | the proposition was approved by the
electors. |
23 | | On that date, all the rights, powers, duties, assets, |
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1 | | property, liabilities, obligations, and
responsibilities of |
2 | | the road district shall by operation of law vest in and be |
3 | | assumed by the
township. On that date, the township board of |
4 | | trustees shall assume all taxing authority of a road district |
5 | | abolished under this Section. On that date, any highway |
6 | | commissioner of the abolished road district shall cease to
hold |
7 | | office, such term having been terminated. Thereafter, the |
8 | | township shall exercise all duties
and responsibilities of the |
9 | | highway commissioner as provided in the Illinois Highway Code. |
10 | | The
township board of trustees may enter into a contract with |
11 | | the county, a municipality, or a private
contractor to |
12 | | administer the roads under its jurisdiction. The township board |
13 | | of trustees shall
assume all taxing authority of a township |
14 | | road district abolished under this subsection. For purposes
of |
15 | | distribution of revenue, the township shall assume the powers, |
16 | | duties, and obligations of the
road district. ".
|