Ordinance 2000-69 cl
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AUTHORIZING THE ESTABLISHMENT
OF TAX INCREMENT FINANCING "INTERESTED PARTIES"
REGISTRIES AND ADOPTING REGISTRATION RULES FOR SUCH REGISTRIES
WHEREAS, the United City of Yorkville (the"City") is a municipal corporation and
political subdivision of the State of Illinois and as such is reviewing the Tax Increment
Allocation Redevelopment Act, 65 ILLS 5111-74.4-1, et seq. (the "Act') for purposes of
designating a -Redevelopment Project Area" as such term as defined in the Act; and
WHEREAS, pursuant to section 11-74.4-4.2 of the Act, the City is required to
establish certain "interested parties" registries and adopt registration rules for such
registries; and
WHEREAS, the City desires to adopt this ordinance in order to comply with such
requirements of the TIF Act.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED
CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows:
Section 1. The above recitals are incorporated herein and made a part hereof.
Section 2. The City Clerk or his or her designee, is hereby authorized and
directed to create an"interested parties"registry in accordance with Section 11-74.4-4.2 of
the Act for each redevelopment project area created under the Act,whether now existing or
created after the date of the adoption of this ordinance.
Section 3. In accordance with Section 11-74.4-4.2 of the Act, the City hereby
adopts the registration rules attached hereto as Exhibit A as registration rules for each
such "interested parties" registry. The City Clerk, with the consent of the City's Special
Counsel as to form and legality, shall have the authority to amend such registration rules
from time to time as may be necessary or desirable to comply with and carry out the
purposes intended by the Act.
Section 4. If any provision of this ordinance shall be held to be invalid or
unenforceable for any reason,the invalidity or unenforceability of such provision shall not
affect any of the other provisions of this ordinance.
Section 5. All ordinances, resolutions, motions or orders in conflict with this
ordinance are hereby repealed to the extent of such conflict.
Section 6. This ordinance shall be in full force and effect immediately upon its
passage.
Attachment:
Exhibit A: TIF Interested Parties Registry Registration Rules
Exhibit B: TIF Interested Parties Registry Form for Individuals
Exhibit C: TIF Interested Parties Registry Form for Organizations
ADOPTED this '-f-TW day of tyC(- tL�-(X t- , 2000, pursuant to a roll call
vote as follows:
AYES: UG
NAYS:
ABSENT:
APPROVED by me this _day of
Mayor
Attest:
tiC
�¢ ity CI
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United City of Yorkville Interested Parties Registry
Registration Form for Individuals (Non-organizations)
Please read and review the TIF Interested Party Registry Rules. If you are eligible to
register as an individual, complete the following application form. Submit the completed
form along with a copy of your current driver's license or state identification card (to
confirm proof of address)to the City Clerk of the United City of Yorkville, 800 Game Farm
Road, Yorkville, Illinois 60560. After the City Clerk of the United City of Yorkville receives
this application, you will be contacted by mail within 10 days after the receipt of this
application.
PLEASE PRINT WITH A BLUE OR BLACK PEN.
1.) Name
2.) Address
(All notices will be
mailed to this address.)
3.) Home telephone number
4.) TIF District for which I am applying to become an interested party, pursuant to the Tax
Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et sea. and the ordinance of the
United City of Yorkville, Kendall County, Illinois authorizing the establishment of tax
increment financing"interested parties"registries and adopting registration rules for such
registries. If you want to become an interested party for more than one TIF District, you
must complete and submit a separate registration form for each and every TIF District.
Signature
Date
? t
United City of Yorkville Interested Parties Registry
Registration Form for Organizations (Non-individuals)
Please read and review the TIF Interested Party Registry Rules. If you are eligible to
register as an organization, complete the following application form. In addition, you must
complete a one-page statement describing the organization's current operations and
activity within the municipality. Submit the completed form,the one-page statement,and a
copy of your current driver's license or state identification card (to confirm proof of
address)to the City Clerk of the United City of Yorkville, 800 Game Farm Road,Yorkville,
Illinois 60560. After the City Clerk of the United City of Yorkville receives this application,
you will be contacted by mail within 10 days after the receipt of this application.
PLEASE PRINT WITH A BLUE OR BLACK PEN.
1.) Name of organization
2.) Address of organization
(All notices will be
mailed to this address.)
3.) Telephone number
of organization
4.) Name and position of
individual signing form
5.)TIF District for which I am applying to become an interested party, pursuant to the Tax
Allocation Redevelopment Act, 65 ILCS 5111-74.4-1 et seq. and the ordinance of the
United City of Yorkville, Kendall County, Illinois authorizing the establishment of tax
increscent financing`interested parties"registries and adopting registration rules for such
registries. If you want to become an interested party for more than one TIF District, you
must complete and submit a separate registration form for each and every TIF District.
Signature
Date
TIF INTERESTED PARTIES REGISTRY REGISTRATION RULES
A. Definitions. As used in these Registration Rules, the following items shall
have the definitions set forth below.
1. "Act"shall mean the Tax Increment Allocation Redevelopment Act, 65
ILCS 5/11-74.4-1, et seq., as amended from time to time.
2. "City"shall mean the United City of Yorkville, a municipal corporation
and political subdivision of the State of Illinois.
3. "City Clerk" shall mean the City Clerk for the United City of Yorkville
and the Office of the City Clerk.
4. "Corporate Authorities"means the mayor and alderman then holding
office.
5. "Department"shall mean any department, division, agency, bureau or
administrative subdivision of the City.
6. "Interested Party(s)" shall mean:
(a) any organization(s) active within the municipality;
(b) any resident(s) of the City; and,
(c) any other entity or person otherwise entitled under the Act to
register in a specific Registry who has registered in such
Registry and whose registration has not been terminated in
accordance with these Registration Rules.
7. "Municipality' shall mean the United City of Yorkville.
8. "Organization active within the municipality' shall mean any of the
following:
(a) any organization which has its headquarters, principal office, or
place of business within the limits of the municipality; or,
(b) any organization which has its headquarters, principal office, or
place of business within five miles of the municipality's borders.
(c) The term "organization active within the municipality' shall
specifically exclude international, national, statewide, and other
organizations unless such organizations have a local office within the
territory of the municipality. The term "organization active within the
municipality' shall specifically exclude other non-international, non-
national, and non-statewide and other organizations not meeting the
definition above in subclauses (a) or (b).
(d) The term "active" shall mean an organization that has no less
than twenty-five percent (25%) of its membership as residents of the
municipality. For the purposes of this definition, resident
encompasses both individuals and businesses. Thus, an individual
not residing within the municipality but who is an owner, shareholder,
employer, or employee of a business situated within the borders of
the municipality is deemed a resident of the municipality.
(e) An international, national, statewide, or other organization not
meeting the requirements of the definition of "Organization active
within the municipality" under subsections (a) and (b) of this
paragraph 7 may petition the mayor for an exemption to the definition
of the term "Organization active within the municipality." Upon receipt
of such petition, the mayor shall review the petition and make a
determination, within sixty (60) days of receipt, to grant or deny the
petition. If the mayor denies an organization's petition for exemption,
the organization shall then request a hearing before the corporate
authorities, provided the organization makes a written request within
ten (10) calendar days of the date on which the president issued
his/her determination to deny the petition. Upon receipt of the request
for a hearing, the corporate authorities, within a reasonable period of
time, shall set a date for the hearing, provided, however, that the
petitioning organization shall have no less than ten (10) days prior
written notice of the time and place of the hearing. Formal rules of
evidence shall not apply and the petitioning organization may be
represented by an attorney if it so desires. The corporate authorities
shall conduct the hearing and permit the petitioning organization to
present any and all reasons it should be allowed to register as an
interested party. The corporate authorities shall issue a determination
on the organization's petition within thirty(30)days after conclusion of
the hearing. In the event that the corporate authorities shall grant the
petition for exemption, the organization shall comply with the other
requirements of the ordinance and submit the requisite interested
party registry from within ten (10) days of the date of the decision
granting the exemption. Any decision of the corporate authorities
shall not affect any rights of the organization under the Freedom of
Information Act.
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9. "Redevelopment Project Area" shall mean a redevelopment project
area that is:
(a) intended to qualify (or that has subsequently qualified) as a
"redevelopment project area" under the Act; and,
(b) is subject to the "interested parties" registry requirements of
the Act.
10. "Registration Form" shall mean the form appended to these
Registration Rules or such revised form as may be approved by the Department
consistent with the requirements of the Act.
11. "Registry"or"Registries"shall mean each interested parties registry,
and all such registries, collectively, established by the City pursuant to Section 11-
74.4-4.2 of the Act for a Redevelopment Project Area.
B. Establishment of Registry. The City shall establish a separate interested
parties Registry for each Redevelopment Project Area, whether existing as of the date of
the adoption of these Rules or hereafter established.
C. Maintenance of Registry. The Registries shall be maintained by the City
Clerk of the United City of Yorkville., which has a principal business office located at 800
Game Farm Road, Yorkville, Illinois, or his or her designee. In the event the City
determines that a Department other than the United City of Yorkville should maintain the
Registries, the City may transfer the responsibility for maintaining the Registries to such
other Department, provided that the City (a) gives prior written notice to all Interested
Parties not less than thirty(30) days prior to such transfer; and (b) publishes notice of such
transfer at least twice, the first publication to be not more than thirty (30) nor less than ten
(10) days prior to such transfer, in a newspaper of general circulation in the City.
D. Registration by Residents. An individual seeking to register as an
Interested Person with respect to a Redevelopment Project Area must complete and
submit a Registration Form to City Clerk. Such individual must also submit a copy of a
current driver's license, lease, utility bill, financial statement or such other evidence as may
be acceptable to the City Clerk to establish the individual's current City residency.
E. Registration by Organizations. An organization seeking to register as an
Interested Person with respect to a Redevelopment Project Area must complete and
submit an application to the City Clerk on a form provided by the Clerk's office. Such
organization must also submit a copy of a one-page statement describing the
organization's current operations in the City.
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F. Determination of Eligibility. All individuals and organizations whose
Registration form and supporting documentation complies with these Registration Rules
shall be registered in the applicable Registry within ten (10) business days of the City
Clerk's receipt of all such documents. The City Clerk shall provide written notice to the
registrant confirming such registration. Upon registration, Interested Parties shall be
entitled to receive all notices and documents required to be delivered under these Rules or
as otherwise required under the Act with respect to the applicable Redevelopment Project
Area. If the City Clerk determines that a registrant's Registration Form and/or supporting
documentation is incomplete or does not comply with these Registration Rules, the City
Clerk shall give written notice to the registrant specifying the defect(s). The registrant shall
be entitled to correct any defects and resubmit a new Registration Form and supporting
documentation.
G. Renewal and Termination. An Interested Person's registration shall remain
effective for a period of three (3) years. At any time after such three year period, the City
Clerk may provide written notice by regular mail to the Interested Person stating that such
registration shall terminate unless the Interested Person renews such registration within
thirty(30) days of the City Clerk's mailing of written notice. To renew such registration, the
Interested Person shall, within such thirty(30) day period, complete and submit the same
Registration Form and supporting documentation then required of initial registrants in order
to permit the City Clerk to confirm such person's residency or such organization's
operations in the City. The registration of all individuals and organizations whose
Registration Form and supporting documentation is submitted in a timely manner and
complies with these Registration Rules shall be renewed for an additional consecutive
three year period. If the City Clerk determines that a registrant's renewal Registration
Form and/or supporting documentation is incomplete or does not comply with these
Registration Rules, the City Clerk shall give written notice to the registrant at the address
specified in the renewal Registration Form submitted by such registrant, specifying the
defect(s). The registrant shall be entitled to correct any defects and resubmit a new
Registration Form and supporting documentation within thirty (30) days of receipt of the
City Clerk's notice. If all defects are not corrected within thirty (30) days or the Interested
Person's receipt of the City Clerk's notice, the Interested Person's registration shall be
terminated. Any Interested Person whose registration is terminated shall be entitled to
register again as a first-time registrant.
H. Amendment to Registration. An Interested Party may amend its
registration by giving notice to the City Clerk by certified mail of any of the following:
(a) a change in address for notice purposes;
(b) in the case of organizations, a change in name of the contact person;
and,
(c) a termination of registration.
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Upon receipt of such notice, the City Clerk shall revise the applicable Registry accordingly.
I. Registries Available for Public Inspection. Each Registry shall be
available for public inspection during normal City business hours. The Registry shall
include the name, address and telephone number of each Interested Person and for
organizations, the name and phone number of a designated contact person.
J. Notices to be Sent to Interested Parties. Interested Parties shall be sent
the following notices and any other notices required under the Act with respect to the
applicable Redevelopment Project Area:
(a) pursuant to § 74.4-5(a) of the Act, notice of the availability of a proposed
redevelopment plan and eligibility report,including how to obtain this information:
such notice shall be sent by mail within a reasonable period of time after the adoption
of the ordinance fixing the public hearing for the proposed redevelopment plan;
(b) pursuant to § 74.4-5(a) of the Act, notice of changes to proposed redevelopment
plans that do not (1) add additional parcels of property to the proposed
redevelopment project area;(2)substantially affect the general land uses proposed in
the redevelopment plan; (3) substantially change the nature or extend the life of the
redevelopment plan; or, (4) increase the number of low or very low income
households to be displaced from the redevelopment project area, provided that
measured from the time of creation of the redevelopment project area the total
displacement of the households will exceed 10; such notice shall be sent by mail not
later than 10 days following the City's adoption by ordinance of such changes;
(c) pursuant to § 74.4-5(c) of the Act, notice of amendments to previously approved
redevelopment plans that do not (1) add additional parcels of property to the
redevelopment project area; (2) substantially affect the general land uses in the
redevelopment plan;(3)substantially change the nature of the redevelopment project;
(4) increase the total estimated redevelopment project costs set out in the
redevelopment plan by more than 5%after adjustment for inflation from the date the
plan was adopted; (5)add additional redevelopment project costs to the itemized list
of redevelopment project costs set out in the redevelopment plan;or,(6)increase the
number of low or very low income households to be displaced from the
redevelopment project area,provided that measured from the time of creation of the
redevelopment project area the total displacement of households will exceed 10;such
notice shall be sent by mail not later than 10 days following the City's adoption by
ordinance of any such amendment:
(d) pursuant to § 74.4-5(d)(9)of the Act,for redevelopment plans or projects that would
result in the displacement of residents from 10 or more inhabited residential units or
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that contain 75 or more inhabited residential units, notice of the availability of the
certified audit report described in§74.4-5(d)(9),including how to obtain the certified
audit report: such notice shall be sent by mail within a reasonable period of time after
completion of the certified audit report; and,
(e) pursuant to § 74.4-6(e)of the Act,notice of the preliminary public meeting required
under the Act for a proposed Redevelopment Project Area that will result in the
displacement of 10 or more inhabited residential units or which will contain 75 or
more inhabited residential units, such notice shall be sent by certified mail not less
than 15 days before the date of such preliminary public meeting.
K. Non Interference. These Registration Rules shall not be used to prohibit or
otherwise interfere with the eligible organizations and individuals to register for receipt of
information to which they are entitled under the Act.
L. Amendment of Registration Rules. These Registration Rules may be amended by the
City Clerk, subject to and consistent with the requirements of the Act.
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- .
PUBLIC NOTICE
The United City of Yorkville (the "City") is a municipal corporation and political
subdivision of the State of Illinois and as such is reviewing the Tax Increment Allocation
Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. (the"Act")for purposes of designating a
"Redevelopment Project Area"as such term as defined in the Act. Pursuant to section 11-
74.4-4.2 of the Act, the City is required to establish certain "interested parties" registries
and adopt registration rules for such registries.
The City Clerk has created an "interested parties" registry in accordance with
Section 11-74.4-4.2 of the Act for each redevelopment project area now under
consideration.
The City has adopted registration rules for an "interested parties" registry and has
given the City Clerk the authority to amend such registration rules from time to time as may
be necessary or desirable to comply with and carry out the purposes intended by the Act.
Any "interested person" may register with the City Clerk of the United City of
Yorkville at 800 Game Farm Road, Yorkville during normal business hours in order to
receive information on the proposed designation of a Redevelopment Project Area or the
approval of the Redevelopment Plan, all as provided in the Act.
/s/ Deborah Simmons C-LbL Clerk