Full Text of HB3556 99th General Assembly
HB3556enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-74.3-3 and 11-74.3-5 as follows:
| 6 | | (65 ILCS 5/11-74.3-3) (from Ch. 24, par. 11-74.3-3)
| 7 | | Sec. 11-74.3-3. Powers of municipalities. In addition to | 8 | | the powers a municipality may now have, a municipality shall | 9 | | have the following
powers:
| 10 | | (1) To make and enter into all contracts necessary or | 11 | | incidental to the implementation and furtherance of a | 12 | | business district plan. A contract by and between the | 13 | | municipality and any developer or other nongovernmental | 14 | | person to pay or reimburse said developer or other | 15 | | nongovernmental person for business district project costs | 16 | | incurred or to be incurred by said developer or other | 17 | | nongovernmental person shall not be deemed an economic | 18 | | incentive agreement under Section 8-11-20, notwithstanding | 19 | | the fact that such contract provides for the sharing, | 20 | | rebate, or payment of retailers' occupation taxes or | 21 | | service occupation taxes (including, without limitation, | 22 | | taxes imposed pursuant to subsection (10)) the | 23 | | municipality receives from the development or |
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| 1 | | redevelopment of properties in the business district. | 2 | | Contracts entered into pursuant to this subsection shall be | 3 | | binding upon successor corporate authorities of the | 4 | | municipality and any party to such contract may seek to | 5 | | enforce and compel performance of the contract by civil | 6 | | action, mandamus, injunction, or other proceeding. | 7 | | (2) Within a business district, to acquire by purchase, | 8 | | donation, or lease, and to own, convey, lease, mortgage, or | 9 | | dispose of land and other real or personal property or | 10 | | rights or interests therein; and to grant or acquire | 11 | | licenses, easements, and options with respect thereto, all | 12 | | in the manner and at such price authorized by law. No | 13 | | conveyance, lease, mortgage, disposition of land or other | 14 | | property acquired by the municipality, or agreement | 15 | | relating to the development of property, shall be made or | 16 | | executed except pursuant to prior official action of the | 17 | | municipality. No conveyance, lease, mortgage, or other | 18 | | disposition of land owned by the municipality, and no | 19 | | agreement relating to the development of property, within a | 20 | | business district shall be made without making public | 21 | | disclosure of the terms and disposition of all bids and | 22 | | proposals submitted to the municipality in connection | 23 | | therewith. | 24 | | (2.5) To acquire property by eminent domain in | 25 | | accordance with the Eminent Domain Act. | 26 | | (3) To clear any area within a business district by |
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| 1 | | demolition or removal of any existing buildings, | 2 | | structures, fixtures, utilities, or improvements, and to | 3 | | clear and grade land. | 4 | | (4) To install, repair, construct, reconstruct, or | 5 | | relocate public streets, public utilities, and other | 6 | | public site improvements within or without a business | 7 | | district which are essential to the preparation of a | 8 | | business district for use in accordance with a business | 9 | | district plan. | 10 | | (5) To renovate, rehabilitate, reconstruct, relocate, | 11 | | repair, or remodel any existing buildings, structures, | 12 | | works, utilities, or fixtures within any business | 13 | | district. | 14 | | (6) To construct public improvements, including but | 15 | | not limited to buildings, structures, works, utilities, or | 16 | | fixtures within any business district. | 17 | | (7) To fix, charge, and collect fees, rents, and | 18 | | charges for the use of any building, facility, or property | 19 | | or any portion thereof owned or leased by the municipality | 20 | | within a business district. | 21 | | (8) To pay or cause to be paid business district | 22 | | project costs. Any payments to be made by the municipality | 23 | | to developers or other nongovernmental persons for | 24 | | business district project costs incurred by such developer | 25 | | or other nongovernmental person shall be made only pursuant | 26 | | to the prior official action of the municipality evidencing |
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| 1 | | an intent to pay or cause to be paid such business district | 2 | | project costs. A municipality is not required to obtain any | 3 | | right, title, or interest in any real or personal property | 4 | | in order to pay business district project costs associated | 5 | | with such property. The municipality shall adopt such | 6 | | accounting procedures as shall be necessary to determine | 7 | | that such business district project costs are properly | 8 | | paid. | 9 | | (8.5) Utilize up to 1% of the revenue from a business | 10 | | district retailers' occupation tax and service occupation | 11 | | tax imposed under paragraph (10) and a hotel operators' | 12 | | occupation tax under paragraph (11) of Section 11-74.3-3 in | 13 | | connection with one business district for eligible costs in | 14 | | another business district that is: | 15 | | (A) contiguous to the business district from which | 16 | | the revenues are received; | 17 | | (B) separated only by a public right of way from | 18 | | the business district from which the revenues are | 19 | | received; or | 20 | | (C) separated only by forest preserve property | 21 | | from the business district from which the revenues are | 22 | | received if the closest boundaries of the business | 23 | | districts that are separated by the forest preserve | 24 | | property are less than one mile apart. | 25 | | (9) To apply for and accept grants, guarantees, | 26 | | donations of property or labor or any other thing of value |
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| 1 | | for use in connection with a business district project. | 2 | | (10) If the municipality has by ordinance found and | 3 | | determined that the business district is a blighted area | 4 | | under this Law, to impose a retailers' occupation tax and a | 5 | | service occupation tax in the business district for the | 6 | | planning, execution, and implementation of business | 7 | | district plans and to pay for business district project | 8 | | costs as set forth in the business district plan approved | 9 | | by the municipality. | 10 | | (11) If the municipality has by ordinance found and | 11 | | determined that the business district is a blighted area | 12 | | under this Law, to impose a hotel operators' occupation tax | 13 | | in the business district for the planning, execution, and | 14 | | implementation of business district plans and to pay for | 15 | | the business district project costs as set forth in the | 16 | | business district plan approved by the municipality.
| 17 | | (Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11; | 18 | | 97-333, eff. 8-12-11.)
| 19 | | (65 ILCS 5/11-74.3-5) | 20 | | Sec. 11-74.3-5. Definitions. The following terms as used in | 21 | | this Law shall have the following meanings: | 22 | | "Blighted area" means an area that is a blighted area | 23 | | which, by reason of the predominance of defective, | 24 | | non-existent, or inadequate street layout, unsanitary or | 25 | | unsafe conditions, deterioration of site improvements, |
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| 1 | | improper subdivision or obsolete platting, or the existence of | 2 | | conditions which endanger life or property by fire or other | 3 | | causes, or any combination of those factors, retards the | 4 | | provision of housing accommodations or constitutes an economic | 5 | | or social liability, an economic underutilization of the area, | 6 | | or a menace to the public health, safety, morals, or welfare. | 7 | | "Business district" means a contiguous area which includes | 8 | | only parcels of real property directly and substantially | 9 | | benefited by the proposed business district plan. A business | 10 | | district may, but need not be, a blighted area, but no | 11 | | municipality shall be authorized to impose taxes pursuant to | 12 | | subsection (10) or (11) of Section 11-74.3-3 in a business | 13 | | district which has not been determined by ordinance to be a | 14 | | blighted area under this Law. | 15 | | "Business district plan" shall mean the written plan for | 16 | | the development or redevelopment of a business district. Each | 17 | | business district plan shall set forth in writing: (i) a | 18 | | specific description of the boundaries of the proposed business | 19 | | district, including a map illustrating the boundaries; (ii) a | 20 | | general description of each project proposed to be undertaken | 21 | | within the business district, including a description of the | 22 | | approximate location of each project and a description of any | 23 | | developer, user, or tenant of any property to be located or | 24 | | improved within the proposed business district; (iii) the name | 25 | | of the proposed business district; (iv) the estimated business | 26 | | district project costs; (v) the anticipated source of funds to |
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| 1 | | pay business district project costs; (vi) the anticipated type | 2 | | and terms of any obligations to be issued; and (vii) the rate | 3 | | of any tax to be imposed pursuant to subsection (10) or (11) of | 4 | | Section 11-74.3-3 and the period of time for which the tax | 5 | | shall be imposed. | 6 | | "Business district project costs" shall mean and include | 7 | | the sum total of all costs incurred by a municipality, other | 8 | | governmental entity, or nongovernmental person in connection | 9 | | with a business district, in the furtherance of a business | 10 | | district plan, including, without limitation, the following: | 11 | | (1) costs of studies, surveys, development of plans and | 12 | | specifications, implementation and administration of a | 13 | | business district plan, and personnel and professional | 14 | | service costs including architectural, engineering, legal, | 15 | | marketing, financial, planning, or other professional | 16 | | services, provided that no charges for professional | 17 | | services may be based on a percentage of tax revenues | 18 | | received by the municipality; | 19 | | (2) property assembly costs, including but not limited | 20 | | to, acquisition of land and other real or personal property | 21 | | or rights or interests therein, and specifically including | 22 | | payments to developers or other nongovernmental persons as | 23 | | reimbursement for property assembly costs incurred by that | 24 | | developer or other nongovernmental person; | 25 | | (3) site preparation costs, including but not limited | 26 | | to clearance, demolition or removal of any existing |
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| 1 | | buildings, structures, fixtures, utilities, and | 2 | | improvements and clearing and grading of land; | 3 | | (4) costs of installation, repair, construction, | 4 | | reconstruction, extension, or relocation of public | 5 | | streets, public utilities, and other public site | 6 | | improvements within or without the business district which | 7 | | are essential to the preparation of the business district | 8 | | for use in accordance with the business district plan, and | 9 | | specifically including payments to developers or other | 10 | | nongovernmental persons as reimbursement for site | 11 | | preparation costs incurred by the developer or | 12 | | nongovernmental person; | 13 | | (5) costs of renovation, rehabilitation, | 14 | | reconstruction, relocation, repair, or remodeling of any | 15 | | existing buildings, improvements, and fixtures within the | 16 | | business district, and specifically including payments to | 17 | | developers or other nongovernmental persons as | 18 | | reimbursement for costs incurred by those developers or | 19 | | nongovernmental persons; | 20 | | (6) costs of installation or construction within the | 21 | | business district of buildings, structures, works, | 22 | | streets, improvements, equipment, utilities, or fixtures, | 23 | | and specifically including payments to developers or other | 24 | | nongovernmental persons as reimbursements for such costs | 25 | | incurred by such developer or nongovernmental person; | 26 | | (7) financing costs, including but not limited to all |
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| 1 | | necessary and incidental expenses related to the issuance | 2 | | of obligations, payment of any interest on any obligations | 3 | | issued under this Law that accrues during the estimated | 4 | | period of construction of any development or redevelopment | 5 | | project for which those obligations are issued and for not | 6 | | exceeding 36 months thereafter, and any reasonable | 7 | | reserves related to the issuance of those obligations; and | 8 | | (8) relocation costs to the extent that a municipality | 9 | | determines that relocation costs shall be paid or is | 10 | | required to make payment of relocation costs by federal or | 11 | | State law. | 12 | | "Business district tax allocation fund" means the special | 13 | | fund to be established by a municipality for a business | 14 | | district as provided in Section 11-74.3-6. | 15 | | "Dissolution date" means the date on which the business | 16 | | district tax allocation fund shall be dissolved. The | 17 | | dissolution date shall be not later than 270 days following | 18 | | payment to the municipality of the last distribution of taxes | 19 | | as provided in Section 11-74.3-6.
| 20 | | (Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11; | 21 | | 97-333, eff. 8-12-11.)
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