Ordinance 2001-25 ORDINANCE NoaOOI-D1
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, APPROVING A TAX INCREMENT
FLNANCL\G REDEVELOPMENT PROJECT AND PLAIN FOR THE
PROPOSED TAX INCREMENT REDEVELOPMENT AREA
WHEREAS, the Mayor and City Council(the "Corporate Authorities")of the United City
of Yorkville, Kendall County, Illinois (the "Municipality"), have heretofore determined that the
stable economic and physical development of the Municipality is endangered by the presence of
blighting factors as often manifested by progressive and advanced deterioration of structures, by
a lack of physical maintenance of such structures, by obsolete and inadequate infrastructure, by
obsolete platting, and by deleterious land use and layout, with a resulting decline of the
Municipality which impairs the value of private investments and threatens the sound growth and
the tax base of the Municipality and the taxing districts having the power to tax real property in
the Municipality (the "Taring Districts") and threatens the health, safety, morals and welfare of
the public; and,
WHEREAS, the Corporate Authorities have heretofore determined that in order to
promote and protect the health, safety, morals and welfare of the public, blighted conditions in the
Municipality need to be eradicated and redevelopment of the Municipality be undertaken in order
to remove and alleviate adverse conditions, encourage private investment, and, restore and
enhance the tax base of the Municipality and the Taxing Districts; and,
WHEREAS, the Municipality has heretofore caused to be conducted an eligibility study
to determine whether the proposed Fox Industrial Park Area (the "Proposed Area") qualifies as
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a "redevelopment proj�—.:z area" pursuant to the Illinois Tax Increment Allocation Redevelopment
Act, as amended (the "Act"), 65 ILCS 5/11-74.4-1 et seq.; and,
WHEREAS,the Municipality has heretofore evaluated various lawfully available programs
to provide such assist=, and has determined that the use of tax increment allocation financing
is necessary to achieve the redevelopment goals of the Municipality for the Proposed Area; and,
WHEREAS, the Municipality was advised in February of 2001, that the Proposed Area
qualifies as a "redevelopment project area" under Section 11-74.4-3 of the Act; and,
WHEREAS, it is therefore concluded by the Corporate Authorities that the Proposed Area
remains qualified as a "redevelopment project area" under Section 11-74.4-3 of the Act as of the
date hereof; and,
WHEREAS,the Municipality has further caused the preparation of and made available for
public inspection a proposed redevelopment project and plan ("Project and Plan") for the
Proposed Area; and,
WHEREAS, the Project and Plan sets forth in writing the program to be undertaken to
accomplish the objectives of the Municipality and includes estimated redevelopment project costs
proposed for the Proposed Area, evidence indicating that the Proposed Area on the whole has not
been subject to growth and development through investment by private enterprise, an assessment
of the financial impact of the Proposed Area on or any increased demand for services from any
taxing district affected by the Plan and any program to address such financial impact or increased
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demand, the sources of funds to pay costs, the nature and term of the obligations to be issued (if
any), the most recent equalized assessed valuation of the Proposed Area, an estimate as to the
equalized assessed valuation after redevelopment, the general land uses to apply in the Proposed.
Area, and a commitment to fair employment practices and the Project and Plan accordingly
complies in all respects ;-ith the requirements of the Act; and,
WHEREAS, pursuant to Section 11-74.4-5 of the Act, the Corporate Authorities by an
ordinance adopted the-22"'day of February, 2001, called a public hearing (the "Hearing")relative
to the Project and Plan and the designation of the Proposed Area as a redevelopment project area
under the Act and fixed the time and place for such Hearing, being the 19' day of April, 2001 at
7:00 p.m., at the City Hall, 800 Game Farm Road, Yorkville, Illinois; and,
WHEREAS,due notice in respect to such Hearing was given pursuant to section 11-74.4-5
of the Act, said notice, together with a copy of the Project and Plan, was sent to the Department
of Commerce and Community Affairs of the State of Illinois by certified mail; to the Taxing
Districts on March 2, 2001, by hand deliver; by publication on March 22, 2001 and April 5,
2001; and, by certified mail to taxpayers within the Proposed Area on April 5, 2001; and,
WHEREAS, the Municipality has heretofore convened a Joint Review Board as required
by and in all respects in compliance with the provisions of the Act; and,
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WHEREAS, the Joint Review Board has met at the times and as required by the Act and
has reviewed the public record, planning documents and a form of proposed ordinance approving
the Project and Plan; and.
WHEREAS, the Joint Review Board has adopted by a majority vote an advisory, non-
binding recommendation that the Municipality proceed to implement the Project and Plan and to
designate the Proposed Area as a redevelopment project area under the Act; and,
WHEREAS, the Joint Review Board based its decision to approve the proposal on the
basis of the Proposed Area and Project and Plan satisfying the Plan requirements, the eligibility
criteria defined in Section 11-74.4-3 of the Act, and the objectives of the Act; and,
WHEREAS, the Municipality held the Hearing on April 19, 2001, at the City Hall, 800
Game Farm Road, Yorkville, Illinois; and
WHEREAS, at the Hearing, any interested person or Taxing District was permitted to file
with the Municipal Clerk written objections and was heard orally in respect to any issues embodied
in the notice of said Hearing, and the Municipality heard and determined all protests and
objections at the Hearing; and,
WHEREAS, the Hearing was adjourned on the 19' day of April, 2001; and,
WHEREAS, the Project and Plan set forth the factors which cause the Proposed Area to
be a `blighted" area as defined by the Act for improved and vacant areas, and the Corporate
Authorities have revie«ed the information concerning such factors presented at the Hearing and
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ha%-e reviewed other swdies and are generally informed of the conditions in the Proposed Area
which could cause the ::ea to be "blighted"; and,
WHEREAS, the Corporate Authorities have reviewed evidence indicating that the
Pronosed Area on the «-aole has not been subject to growth and development through investment
by private enterprise and have reviewed the conditions pertaining to lack of private investment in
the Proposed Area to determine whether private development would take place in the Proposed
Area as a whole without the adoption of the proposed Project and Plan; and,
WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real
property in the Proposed Area to determine whether contiguous parcels of real property and
improvements thereon in the Proposed Area would be substantially benefitted by the proposed
Project improvements; and;
WHEREAS, the Corporate Authorities have made an assessment of any financial impact
of the Proposed Area on or any increased demand for services from any taxing district affected
by the Project and Plan and any program to address such financial impact or increased demand;
and.
WHEREAS, the Corporate Authorities have reviewed the proposed Project and Plan and
also the existing comprehensive plan for development of the Municipality as a whole to determine
whether the proposed Project and Plan conform to the comprehensive plan of the Municipality.
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
Ciry of Yorkville, Kendall County, Illinois, as follows:
Section 1. Findings. The Corporate Authorities hereby make the following findings:
(a) The Proposed Area is legally described in Exhibit A-1 attached hereto and
incorporated herein as if set out in full by this reference. The map of the
Proposed Area is depicted in Exhibit A-2 attached hereto and incorporated
herein as if set out in full by this reference.
(b) There exist conditions which cause the Proposed Area to be subject to
designation as a redevelopment project area under the Act and to be
classified as a "blighted" area as defined in Section 11-74.4-3 of the Act.
(c) The Proposed Area on the whole has not been subject to growth and
development through investment by private enterprise and would not be
reasonably anticipated to be developed without the adoption of the Project
and Plan.
(d) The Project and Plan conform to the comprehensive plan for the
development of the Municipality as a whole.
(e) As set forth in the Project and Plan and in the testimony at the public
hearing, the estimated date of completion of the Project is no later than
December 31, 2024, and the estimated date of the retirement of any
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obligation incurred to finance redevelopment project costs as defined in the
Project and Plan is no later than the year 2024.
(f) The parcels of real property in the Proposed Area are contiguous, and only
those contiguous parcels of real property and improvements thereon which
will be substantially benefitted by the proposed Project and Plan
improvements are included in the Proposed Area.
Section 2. Exhibits Incorporated by Reference. The Project and Plan which were the
subject matter of the public hearing held on the 19`h day of April, 2001, are hereby adopted and
approved. A copy of the Project and Plan is set forth in Exhibit B attached hereto and
incorporated herein as if set out in full by this reference.
Section 3. Invalidity of Any Section. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
Section 4. Superseder and Effective Date. All ordinances, resolutions, motions or orders
in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this
Ordinance shall be in full force and effect immediately upon its passage by the Corporate
Authorities and approval as provided by law.
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APPROVED this day of 2001, pursuant to a roll call vote as follows:
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT , JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of A.D. 2001.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,
this Day of A.D. 2001.
CITY CLERK
Exhibit A-1
Legal Description
The boundaries of the Project Area have been carefully drawn to include only those contiguous
parcels of real property and �r-nprovements substantially benefited by the proposed Redevelopment
Project to be undertaken as -art of this Redevelopment Plan. The boundaries are shown in Figure 1,
Projecr Area Boundary, and are generally described below:
The Project Area is generally bounded by the north property line of parcels fronting Beaver Street
and a portion of Route 126 on the north, Deer Street on the east, the south property line of parcels
fronting Wolf Street and a portion extended to Illinois Route 47 on the south, and Illinois Route 47
on the west.
The boundaries for the Project Area are legally described as follows:
That part of the NW quarter of Section 4, Township 36 North, Range 7 East of the Third Principal
Meridian, and that part of the NE quarter of Section 5, township and range aforesaid, commencing
at the northeast corner of said Section 5, thence South 89°40'05" West along the north line of the
northeast quarter of Section 5, 655.52' to the centerline tangent of Illinois Route No. 47 extended
from the south, thence South 1°44'07" East along said centerline tangent and along the centerline of
said Illinois Route No. 4 475.21', thence South 89°58'06" East, 470.23 to the Point of the
Beginning, also being the Northwest Corner of Lot 4, Block 1 of Fox Industrial Park Unit 1, thence
South 89°58'06" East, 1056.06', thence North 0°25'09"East, 191.58' to the southwesterly right-of-
way line of Illinois Route No. 1-26, thence South 57°34'51" East along said right-of-way line,
357.66', thence North 89°58'06" West 15.64', thence South 09°09'49" West, 354.49' to the
intersection of the northerly line of Beaver Street and the westerly line of Deer Street, thence South
09°09'49" West along said westerly line a distance of 1535.60' to the Southwest Corner of Fox
Industrial Park Unit 4, thence North 81°52'08" West, 1410.60' along the south line of said Fox
Industrial Park Unit 4 extended to the east line of Illinois Route 47, thence along said line North
1°44'07" West, 390.06' to the southwest corner of Fox Industrial Park Unit 5, thence North
81°52'08" West, 65.98' to the centerline of Illinois Route No. 47, thence North 1°44'07" West,
886.00' thence North 88°15'53" East, 469.01', thence North 1°44'07" West 368.36' to the Point of
Beginning, containing 62.5-6 acres, more or less.
Exhibit A-2
Legal Description '40�
009 7-)
�L 105
-048 104 j -012 Q� �YO 01
228 -04
I 050 -
-013 002 Cl
-om -010
r
Beaver St. /1
! -001 i� -001 ))1
-002 -001 -002 -003
I
' -004 I-005 I
151 -003 1
' 0 -004 'J) 011 -006
229
-007 c�1
' -005 � -012
m
-013 152
-002 -aa ,
L -007 -014
L-I -016
Wolf St.
276 Q 1
-014
-0Q2 -003 -008 j
015 -010 -012
i
j
i
l
Project Area?cundary
276 Block NumCer j
-008 Parcel Num.:cer
i
Fil
Project Area Boundary
Fox 1rTdu4rFa1'Park-
Yorkville, IL lad
Tax Increment Financing Redevelopment Proier: Prepared By:Trkla, Pettigrew,Allen&Payne,Inc.
Exhibit B
Plan