City Council Packet 2005 02-15-05 .to co., United City of Yorkville
J2 0-e, County Seat of Kendall County
a 800 Game Farm Road
EST. _ 1836 Yorkville, Illinois, 60560
Telephone: 630-553-4350
o d 0
Fax: 630-553-7575
� Website: www.yorkville.il.us
AGENDA
CITY COUNCIL SPECIAL MEETING
Tuesday, February 15, 2005
CITY COUNCIL CHAMBERS
7:00 PM
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk:
WARD I WARD II WARD III WARD IV
Rich Sticka Valerie Burd Marty Munns Joe Besco
Paul James Larry Kot Wanda Ohare Rose Ann Spears
Establishment of Quorum:
1. Ordinance Designating the US Route 34 and IL Route 47 (Countryside Shopping
Center) a Tax Increment Redevelopment Project Area Pursuant to the Tax Increment
Allocation Redevelopment Act
2. Ordinance Adopting Tax Increment Allocation Financing for the US Route 34 and IL
Route 47 (Countryside Shopping Center) Tax Increment Redevelopment Project Area
Adjournment
Committee of the Whole
Immediately Following Special Meeting
.Feb 10 2005 3: 41PM TARP 312-382-2124 p. 1
LAW OFFICES
KATHLEEN FIELD OSE & ASSOCIATES
SUITE 1990
ONE SOUTH WACKER DRIVE
CEICAGO, ILLINOIS 60606
(312)392-2113
KATHLEEN FIELD ORR FAX 4312)382-2124 P.JOSEPH MONTANA
MEMORANDUM
To: Liz D'Anna, Deputy Clerk
From: Kathleen Field Orr, Special Counsel
Date: February 10, 2005
Subject: TIF Ordinance
I am in receipt of Ordinance No. 2005-10 which was adopted by the City Council in
connection with the TIF.
The law requires two additional ordinances be adopted by the City Council. The Ordinance
adopted in January approved the Redevelopment Plan. The law requires the City Council to (i)
designate the `redevelopment project area" and (ii) to adopt tax increment financing for the
designated redevelopment area. These Ordinances are attached to this memo.
Since these ordinances must be adopted within ninety(90)days of the public hearing which
took place November 23,2004, we are requested that they be considered by the City Council at a
Special Meeting on February 15, 2005.
If you have any questions,please call.
/kms
Feb 10 2005 11 : 40AM TARP 312-382-2124 p. 2
ORDINANCE No.
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, DESIGNATING THE U.S. ROUTE 34
AND ILL. ROUTE 47 (COUNTRYSIDE SHOPPING CENTER)
A TAX INCREMENT REDEVELOPMENT PROJECT AREA PURSUANT
TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT
WHEREAS, it is desirable and in the best interests of the citizens of the United City of
Yorkville, Kendall County, Illinois (the "Municipality"), for the Municipality to implement tax
increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act(the
"Act"), as amended 65 ILCS 5/11-74.4-1 et seq. for a redevelopment project and plan (the
"Project and Plan") within the municipal boundaries of the Municipality and within a proposed
redevelopment project area (the "Area") described in Section 1 of this Ordinance; and,
WHEREAS, the Mayor and City Council of the Municipality (the "Corporate
Authorities") have heretofore by ordinance adopted and approved the Project and Plan, which
Project and Plan were identified in such ordinance and were the subject, along with the Area
designation hereinafter made, of a public hearing held on the 23id day of November,2004, at the
Yorkville City Hall, and it is now necessary and desirable to designate the Area as a
"redevelopment project area" pursuant to the Act.
NOW,THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Area Designated. The Area, as legally described inExhibit A attached hereto
and incorporated herein as if set out in full by this reference, is hereby designated as a
redevelopment project area pursuant to Section 11-74.4-4 of the Act. The map of the Area is
depicted on Exhibit B attached hereto and incorporated herein as if set out in full by this reference.
Feb 10 2005 11 : 40AM TARP 312-382-2124 p. 3
•
Section 2. 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 3. Superseder and Effective Date. All ordinances, resolutions, motions or orders
in conflict herewith 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.
PASSED this day of , 2005.
APPROVED:
Mayor
AYES: •
NAYS:
ABSENT:
Attest:
City Clerk
yorkvinekh[6.ord
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.Feb 10 2005 11 : 40AM TARP 312-382-2124 p. 4
Exhibit A
Legal Description
Feb 10 2005 11 : 40RM TPRP 312-382-2124 p. 5
Exhibit B
Map
AMMMM
,Feb 10 2005 11 : 40RM TPRP 312-382-2124 p. 6
ORDINANCE No.
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, ADOPTING TAX INCREMENT
ALLOCATION FINANCING FOR THE U.S. ROUTE 34
AND ILL. ROUTE 47 (COUNTRYSIDE SHOPPING CENTER)
TAX INCREMENT REDEVELOPMENT PROJECT AREA
WHEREAS, it is desirable and in the best interests of the citizens of the United City of
Yorkville, Kendall County, Illinois (the " Municipality"), for the Municipality to adopt tax
increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, as
amended (the "Act") 65 ILCS 5/11-74.4-1 et. seq.; and,
WHEREAS, the Mayor and City Council of the Municipality (the "Corporate
Authorities")have heretofore approved a redevelopment project and plan(the "Project and Plan")
as required by the Act by passage of an ordinance and have heretofore designated a redevelopment
project area (the "Area") as required by the Act by the passage of an ordinance and the
Municipality has otherwise complied with all other conditions precedent required by the Act.
NOW,THEREFORE,BE l[T ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Tax Increment Financing Adopting. Tax increment allocation financing is
hereby adopted to pay redevelopment project costs as defined in the Act and as set forth in the
Project and Plan within the Area as legally described in Exhibit A attached hereto and incorporated
herein as if set out in full by this reference. The map of the Area is depicted on Exhibit B
attached hereto and incorporated herein as if set out in full by this reference.
Section 2. Allocation of Ad Valorem Taxes. Pursuant to theAct, the ad valorem taxes,
if any, arising from the levies upon taxable real property in the Area by taxing districts and tax
Feb 10 2005 11 : 40AM TARP 312-382-2124 P. 7
rates determined in the manner provided in Section 11-74.4-9(c) of the Act each year after the
effective date of this Ordinance until the Project costs and obligations issued in respect thereto
have been paid shall be divided as follows:
(a) That portion of taxes levied upon each taxable lot, block, tract or parcel of
real property which is attributable to the lower of the current equalized
assessed value or the initial equalized assessed value of each such taxable
lot, block, tract or parcel of real property in the Area shall be allocated to
and when collected shall be paid by the county collector to the respective
affected taxing districts in the manner required by law in the absence of the
adoption of tax increment allocation financing.
(b) That portion, if any, of such taxes which is attributable to the increase in
the current equalized assessed valuation of each lot, block, tract or parcel
of real property in the Area over and above the initial equalized assessed
value of each property in the Area shall be allocated to and when collected
shall be paid to the municipal treasurer or to his designee pursuant to
Section 207A of the Revenue Act of 1939 of the State of Illinois, as
amended, who shall deposit said taxes into a special fund, hereby created,
and designated the United City of Yorkville Tax Increment Financing
Redevelopment Project Area Special Tax Allocation Account" of the
Municipality, and such taxes shall be used for the purpose of paying Project
costs and obligations incurred in the payment thereof.
2
,Feb 10 2005 11 : 40RM TPRP 312-382-2124 P. 8
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.
PASSED this day of , 2005.
APPROVED:
Mayor
AYES:
NAYS:
ABSENT:
Attest:
City Clerk
yo.Milwrif7.ord
3
Feb 10 2005 11 : 40AM TARP 312-382-2124 p. 9
Exhibit A
Legal Description
Feb 10 2005 11 : 41AM TPAP 312-382-2124 p. 10
Exhibit B
Map