Ordinance 2009-15 �I
Ordinance No. 2009 -
AN AMENDED ORDINANCE DESIGNATING UNITED CITY OF YORKVILLE
COUNTRYSIDE CENTER BUSINESS DISTRICT
AND IMPOSING A RETAILERS' OCCUPATION TAX
AND SERVICE OCCUPATION TAX THEREIN
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the
State of Illinois of 1970; and,
WHEREAS, the City Council previously passed Ordinance, No. 2008 -101 on November
25, 2008, entitled "An Ordinance Designating United City of Yorkville Countryside Center
Business District and Imposing a Retailers' Occupation Tax and Service Occupation Tax
Therein "; and,
WHEREAS, the City desires to amend said ordinance and restate it in its entirety to add
an exclusion pursuant to state law, which excludes persons selling tangible personal property
titled or registered with an agency of this State's government from the Retailers' Occupation
Tax.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. Authority. The United City of Yorkville (the "City ") is authorized,
pursuant to the provisions of the Business District Development and Redevelopment Act, 65
ILCS 5/11 -74.3 et seq. (the "Act "), to designate business districts to promote development or
redevelopment in the City and to impose a retailers' occupation tax and a service occupation tax
therein and to issue bonds to provide for the payment of business district project costs.
Section 2. Findings.
(a) The designation of the area hereinafter described as the Countryside Center
Business District (the "Business District ") was considered at public hearings held on October 28,
2008 and November 10, 2008 (the "Public Hearings "). The Public Hearings were held pursuant
to notices duly published on October 17, 2008, in The Beacon News, a newspaper of general
circulation within the City, and on October 23, 2008, in The Kendall County Record, a
newspaper published in the City. Certificates of publication of the notice are attached to this
Ordinance as Exhibit A and Exhibit B, respectively. Said notices conform in all respects to the
requirements of the Act.
(b) At the Public Hearings, all interested persons were given an opportunity to be
heard on the question of the designation of the Business District, the approval of a business
district development plan for the Business District, the imposition of a retailers' occupation tax
and a service occupation tax in the Business District for the planning, execution and
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implementation of the business district development plan and for the payment of business district
project costs as set forth in such plan, and the issuance of obligations by the City to provide for
the payment of business district project costs secured by the business district tax allocation fund
established pursuant to the Act.
(c) After considering the data as presented to the Mayor and City Council (the
"Corporate Authorities ") and at the Public Hearings, the Corporate Authorities of the City find
that it is in the best interests of the City and of the residents and property owners of the Business
District that the Business District be designated.
(d) The Business District is contiguous and includes only parcels of real property
directly and substantially benefited by the proposed business - district development plan as
required by the Act.
(e) The Business District is a blighted area by reason of defective or inadequate
street layout, unsanitary and unsafe conditions, deterioration of site improvements, obsolete
platting and the existence of conditions which endanger life or property by fire or other causes,
all as set forth in the Qualification Report for the United City of Yorkville Business District No.
2, Countryside Center Business District prepared by Kane, McKenna and Associates, Inc. of
Chicago, Illinois. Due to such conditions, the Business District constitutes an economic liability
to the public health, safety, morals or welfare in its current condition.
(0 The blighting factors as stated above are widely present throughout the
Business District and the presence of these conditions has hindered growth and development of
this area.
(g) It is in the best interests of the City that the Business District be designated
for the financing of the Business District project costs as set forth in the Business District Plan
hereinafter described, that a retailers' occupation tax and a service occupation tax be imposed in
the Business District for the planning, execution, and implementation of the Business District
Plan and for the payment of Business District Project costs as set forth in the Business District
Plan, and that obligations by the City be issued to provide for the payment of Business District
project costs secured by the Countryside Center Business District Tax Allocation Fund
established pursuant to the Act and hereinafter described.
Section 3. Designation of United City of Yorkville Countryside Center Business
District. A business district to be known and designated as "United City of Yorkville
Countryside Center Business District" is hereby designated and shall consist of the contiguous
territory legally described in Exhibit C hereto, and outlined on the map of a portion of the City
attached as Exhibit D hereto, which description and map are by this reference incorporated
herein and made a part hereof.
Section 4. Approval of United City of Yorkville Countryside Center Business District
Development Plan. There has heretofore been presented to the Corporate Authorities and
considered at the Public Hearings a plan for the development of the Business District (the
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"Business District Plan "), attached as Exhibit E hereto and by this reference incorporated herein
and made a part hereof. The Business District Plan is found to conform to the requirements of the
Business District Act and to promote the public interest. The Business District Plan is hereby
approved.
Section 5. Imposition of Tax, Creation of Countryside Center Business District Tax
Allocation Fund. Pursuant to the Business District Act, there is hereby imposed a retailers'
occupation tax upon all persons engaged in the business of selling tangible personal property in
the Business District, other than an item of tangible personal property titled or registered with an
agency of this State's government, at the rate of one percent (1.0 %), and a service occupation tax
in the Business District at the rate of one percent (1.0 %), for the planning, execution and
implementation of the Business District Plan, the payment of Business District project costs as
set forth in the Business District Plan and the payment of obligations of the City issued to
provide for the payment of Business District project costs. Such tax shall be collected and
enforced by the Department of Revenue in and the same manner as all retailers' occupation taxes
and service occupation taxes imposed in the City provided however that such taxes shall not
include any tax imposed on food for human consumption that is to be consumed off the premises
where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for
immediate consumption), prescription and nonprescription medicines, drugs, medical
appliances, modification to a motor vehicle for the purpose of rendering it usable by a disabled
person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human
use. The proceeds of such tax shall be deposited into a special fund of the City which is hereby
created and designated the "Countryside Center Business District Tax Allocation Fund."
Section 6 Filing. A certified copy of this Ordinance, together with a description of
the boundaries of the Business District, shall be filed with the Department of Revenue on or
before April 1, 2009.
Section 7. Supercede Conflicting Ordinance. Ordinance No. 2008 -101 adopted on
November 25, 2008, is hereby repealed. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are also repealed to the extent of such conflict.
Section 8. Effective Date. This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
Passed by the Mayor and City Council of the United City of Yorkville, Kendall County,
Illinois, this a day of 04,4RCH , A.D. 2009.
City Clerk
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ROBYN SUTCLIFF � JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS � BOB ALLEN
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this aq day of MRRC�l AD. 2009.
1j'hA �J �B
Mayor
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Attest:
0.
Ci C rk
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- E x h i b i t A FOX VALLEY PUBLICATIONS
Certificates of Publication
State of Illinois — County of ❑Cook [Kane ❑Lake ❑ McHenry
❑ DuPage ❑ Will ❑ Dekalb
Fox Valley Publications, does hereby certify it has published the attached advertisements in the
following secular newspapers. All newspapers meet Illinois Compiled Statue requirements for
NOTICE OF PUBLIC publication of Notices per Chapter 715 ILCS 5 /0.01 et seq. R.S. 1874, P728 Sec 1, EFF. July 1,
UNITED CITY OF ORKVII LE, KEN G COUNTY 1874. Amended By Laws 1959, P1494, and EFF.July 17, 1959. Formerly Ill. Rev. Stat. 1991,
ILLINOIS, ON THE PROPOSED COUNTRYSIDE CENTER CH I 00 P I .,
BUSINESS DISTRICT DEVELOPMENT PLAN AND THE >
DESIGNATION OF THE COUNTRYSIDE CENTER Note: Legal Notice appeared in the llowing checked positions.
BUSINESS DISTRICT
Notice Is hereby given that on the 28th day of October 2008 1
at 7 p.m., and again on the 10th day of November 2008 at
7 p.m., at the United City of Yorkville, City H � �
Hall. 800 Game PUBLICATION D ATE(S): 1 O? W
Farm Road, Yorkville, Illinois, public hearin g s the 'Near•
C gs") will be held to consider the approval of the proposed
Countryside Center Business District Development Plan
the "Business District Plan') tor, and the designation of,
the Count side Center Business District Development Proj• \ J�
act Area (tha'Project Area') legally described on Exhiblf A
attached hereto and made a part hereof.
LEGAL DESCRIPTION £XHIBIT'A"
LOT 7 EXCEPT THAT PART DESCRIBED AS FOLLOWS:
COMM LACING AT THE MOST EASTERLY SOUTHEAST -
CORNER OF SAID LOT 7; THENCE NORTH 80 DE-
GREES 58 MINUTES 11 SECONDS WEST ALONG A
SOUTHERLY LINE OF SAID LOT 7, 309.0 FEET TO A
SOUTHEAST CORNER OF SAID LOT 7 FOR A POINT OF The Beacon News ❑ The Courier News
BEGINNING; THENCE SOUTH 80 DEGREES 58 MI-
NUTES 11 SECONDS EAST ALONG SAID SOUTHERLY
LINE 309.0 FEET TO A SOUTHEAST CORNER OF SAID
LOT 7; THENCE NORTH 04 DEGREES, 45 MINUTES
EAST ALONG AN EASTERLY LINE OF SAID LOT 7, 90.0 ❑ The Herald News ❑ The News Sun
FEET; THENCE NORTH 80 DEGREES 68 MINUTES 11
SECONDS WEST 140.35 FEET; THENCE SOUTH 70 DE-
GREES 02 MINUTES 02 SECONDS WEST 185.15 FEET
TO THE POINT OF BEGINNING; AND ALSO EXCEPTING
THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT The Naperville Sun
THE INTERSECTION OF THE SOUTHERNMOST LINE
OF LOT 6 OF SAID RESUBDIVISION WITH THE WEST-
ERLY LINE OF ILLINOIS ROUTE NO. 47; THENCE Wee Papers
SOUTH 69 DEGREES 58 MINUTES 14 SECONDS WEST
ALONG SAID SOUTHERNMOST LINE 230.45 FEET TO
I
, THE SOUTHERNMOST CORNER OF SAID LOT 6;
THENCE SOUTH 19 DEGREES 57 MINUTES 46 SEC- Batavia Sun
ONDS EAST 192.30 FEET; THENCE NORTH 70 DE-
GREES 02 MINUTES 14 SECONDS EAST 141.82 FEET ❑ Bolingbrook Sun
TO SAID WESTERLY LINE; THENCE NORTH 04 DE-
GREES 45 MINUTES 00 SECONDS EAST ALONG SAID ❑ Do wn ers Grave Sun
WESTERLY LINE 211.98 FEET TO THE POINT OF BE-
VNING OF THE RESUBDIVISION OF PART OF BLOCK
. OUNTRYSIDE CENTER, UNIT NO. 1, YORKVILLE a. Fox Valley Villages Sun
JOTS, AND ALSO THAT PART OF CENTER PARKWAY
LYING NORTHERLY OF THE NORTH RIGHT OF WAY ❑ Geneva ,Sun
LINE OF U.S. ROUTE 34 AND SOUTHERLY OF THE r
I NORTH RIGHT OF WAY LINE OF COUNTRYSIDE PARK- ❑ Glen Ellyn Sun
WAY, AND ALSO THAT PART OF COUNTRYSIDE PARK-
WAY LYING EASTERLY OF THE WEST RIGHT OF WAY
LINE OF CENTER PARKWAY AND WESTERLY OF THE Isomer Township/Lockport/Lemont Sun
WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47
AND ALSO THAT PART OF ILLINOIS ROUTE 47 LYING ❑ Lincoln Way Sun
SOUTHERLY OF A LINE THAT IS 70.0 FEET SOUTHER.
LY OF AND CONCENTRIC WITH THE SOUTH RIGHT OF ❑ Lisle Sun
WAY LINE OF COUNTRYSIDE PARKWAY EXTENDED r
EASTERLY, AND NORTHERLY OF A LINE THAT IS 60.0 ❑ Plainfield Sun
SOUTHERLY OF AND PARALLEL WITH THE MOST
EASTERLY SOUTHERLY LINE OF SAID LOT 7 EXTEND-
ED EASTERLY, IN THE UNITED CITY. OF YORKVILLE, ❑ St Charles Sun
KENDALL COUNTY, ILLINOIS.
The Project Area Is composed of approximately 20.2 acres ❑ Wheaton Sun
located In the northwest quadrant of the Intersection of US
Route 34 and Illinois Route 47. The proposed Project Area
Is contiguous and Includes only parcels of real Property dl-
redly and substantially benefited by the proposed Business WITNESS WHEREOF the undersigned being duly authorized has caused this Certificate
Distrlcl Plan. The land Is currently vacant and Is zoned for > > >
commercial uses. to be signed and its official seal affixed at Aurora, Illinois
The Business District Plan objectives are to reduce or elimi-
nate bilghting conditions and to enhance the tax base of the
United City of Yorkville (the'CIV) by assuring opportuni- .Fa- .Ei�rsv
ties for development or redevelopment and attracting sound By OFFICIAL SEAL
and stable commercial growth, all In accordance with the r ,
provisions of the 'Business District Development and Redo- 4 , I ItIMERY S FRANZEN
veiopment Act' effective October 1, 1873, as from lime to
time amended. NOTARY PUBLIC - STATE OF ILLINOIS '
The City may Impose a retailers' occupation tax, a service
occupation tax, and a hotel operator's occupation tax in the IJY COMMISSION EXPIRES:10116,
Project Area for the planning, execution, and implements- I
lion of Ihe Business District Plan and to pay for pro�ect John G. Blaschke
costs as set forth in the Business District Plan. The)
may Issue obligations to finance project costs In aocord- Legal Advertising Manager (Official Title)
ante with the Business District Plan, which obligations may `
be secured by the business district lax allocation fund.
At the Hearings, approval of the Business District Plan, des-
ignation of the Projeol Area and the Imposition of a retail- Subscribed and sworn to before me this Day of A. D.
ers occupation tax and a service occupation tax for the Proj -
eel Area will be considered.
By Order of the Mayor and City Council of the United City of
Yorkville this 14th day of October 2008.
Jacquelyn Mllschewski
City Clerk Publish: October 17, 2008 By: /
r ublic
Public Notice . BEGINNING; AND ALSO Exhibit B
NOTICE OF PUBLIC EXCEPTING THAT PART
HEARING DESCRIBED AS FOLLOWS:
UNITED CRY OF I' BEGI NNING. AT' THE
YORKVILLE, KENDALL 1NTERSEGTION OE ..THE
COUNTY, ILLINOIS, ON THE i SOUTHERNMOST LINE OF
PROPOSEDCOUNTRYSIDE LOT .6' Of SAID
CERTIFICATE DISTRICT RESUBDIVISION WITH THE
DEVELOPMENT I WESTERLY LINEOF ILLINOIS
PLAN AND THE ROUTE NO. 47. THENCE
OF PUBLICATION
DESIGNATION OE THE SOUTH 69 DEGREES SB
COUNTRYSIDE CENTER MINUTES -14 SECONDS
BUSINESS DISTRICT WEST ALONG" SAID
Notice is hereby gNen that on .' SOUTHERNMOST. LINE.
the 20th day of October 2008 at 2,30.45 :FEET T.O;tTHE
1, Jeflery A. Farren, do hereby certify that I am the publisher of 7 p.m., end again on Ihe 101h -SOUTHERNMOST CORNER
the Kendall County Record, a weekly secular newspaper of day of November 2008 &17 OF SAID LOT 6; THENCE
of Yorkville, p•m., : at the United Clly •ol . SOUTH 19 DEGREES 57
general circulation, regularly published in the City Yorkville, City Hall, 800 Game MINUTES 46 SECONDS
in the County of Kendall and the Slate of Illinois; and I hereby Farm Road, Yorkville, Illinois. ' EAST 192.30 FEET;THENCE
further certify that the notice a copy of which is attached public heaonps (the 'Hearings7 NORTH 70 DEGREES 02
hereto, in the matter of will be held to consider the = MINUTES 14 SECONDS
approval of the proposed EAST 141.82 FEET.TO SAID
Public Notice: United City of Yorkville proposed Countryside Countryside Center Business WESTERLY LINE; THENCE l
Center Business district District Development Plan (the NORTH '04 DEGREES 45
'Business Clawtl Plan') tor,, 'MINUTE$ 00 'SECONDS
was published once each week for 1 successive weeks in said and the designation of, Ihe EAST' ALONG •' SAID
the first insertion barn on the 23rd day of Countryside Center Business WESTERLY LINE 211.98 FEET
Newspap
9 Y District Development Project TO_ THE: POINT OF
October, 2008 and the last insertion being on the 23rd day of Area (the 'Projeol Area`)legally BEGINNING - OF THE
October , 2008 and we further certify that the said Kendall described on•Exhlbit A attached RESUBDIVISION OF PART
County Record was regularly published continuously for more hereto and made a pen tiered. OF BLOCK 1, COUNTRYSIDE
than six months in the City of Yorkville in said County, next The Project .Area is' CENTER, UNIT NO. 1,
preceding the first publication of said notice, and that we are composed of approximately YORKVILLE; ILLINOIS, AND
duly authorized to make proof of matters published in the said 20.2 acres located in -the ALSO 'THAT PART OF
Kendall County Record. northwest quadrant of the CENTER PARKWAY LYING
Inlelseititin of LS Route 34 and NORTHERLY OF THE
tlllnds Route 47. The proposed NORTH RIGHT OF WAY LINE
Given under my hand and seal at Yorkville, Illinois this Project Area is contiguous and OF ,ROUTE 34 AND
dayof 23rd day of October, 2008 includes only,parcels of real SOUTHERLY OF THE
property '.directly - 11 0 8 . NORTM FIGHT OF.WAY LINE
�J substantially Aenaltled•by1he OF COUNTRYSIDE
• /7, -• f,/ V, j,(/( ••.•..•••..•..•.•- .•.• proposed Business Dlslricl .PARKWAY,ANDALSOTHAT
G Publisher Plan: The'land .tut!en11y I PART OF COUNTAYSIDE
C) K vacant . and • Js zoned for ; ' PARKWAY LYING EASTERLY
commercial use's. - .' I
The Kendall County Record is legal a newspaper as defined in OF THE : W EST RIGHT OF
Chapter 715, Paragraph 5/5 of the Illinois Compiled Slatules. The Busi 10 i du Plan WAY LINE "O F' CENTER
objectives a ere 10 rodurR Y AND WESTERLY
Said newspaper was regularly published for twelve months elimiriale blighting conditions ns OF OF THE THE WEST RIGHT OF
prior to the first publication of said notice. and to eihhanoe tha-lex base .WAY LINE OF ILLINOIS
Ihe:Unlled City of NprkvBellhe. ROUTEA7, AND ALSO THAT
'Cil.y) by '96adfln9' PART-Of ILLINOIS ROUTE 47
.oppdrt0fiss16fidt"oPMen1w LYING SOUTHERLY OF A
redevelopmgnbantl• atlracling .LINE THAT IS 70.0 FEET
bound and•dlable c0inmelcle(' 'SCIUTHERLIP -' 'OE' AND'
growth, all In' etcordance%Yilh', .00NC64TRIG- WITH`THE
Ihe.provisfons of the'Business SOUTH.RIGHT OF WAY LINE
;District Development end'.. , Of, - > .'GO'UN1:RV'916E
Redevelopment Act,' effective •pAFKWAY�' EXT-EWDED.{
October-1, 1973; as•Irom lime to EASTERLY ., AND
time.ameridetl.' NORTHERLY OF .A LINE
The City may impose a THAT IS 60.0 SOUTHERLY
retailers' of:tdpalion lax,. a OF AND PARALLEL WITH
service occupation lax, 11Adsa THE MOST EASTERLY
hotel operators otcomion lax SOUTHERLY_ LINE OF SAID
in -the Project Area for the LOT 7 EXTENDED
planning, execution; and EASTERLY, IN THE UNITED
implemenlation of the Business 'CITY .'OF YORKVILLE,
District Plan and to pay for I KENDALL COl1NTY,.ILUNOIS.
project costs as set forth in the KCR -43 -11
Business District Plan: The
City may issue to
finance project costs in
accordance with the Business
District Plan, which obligations
may be secured by the bus `
district tax allocation fund. !�
Al the Hearings, approval of
the Business District Pion,
designation of the Project Area,
and the Imposition of a retailers' .
occupation tax and a service
otcup §lion tax for the Project
Area will be considered.
By Order 01-the Mayor and
City Council of the United City
of Yorkville this 141h day of
October 2008.
JACQUELYN MILSCHEWSKI
. City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 7 (EXCEPT THAT
- PART .DESCRIBED AS
FOLLOWS: COMMENCING
AT THE MOST EASTERLY
SOUTHEAST CORNER OF
SAID LOT 7; THENCE
NORTH 80 DEGREES 58
MINUTES .11 SECONDS
WEST' - 'ALONG - A
SOUTHERLY LINE'OF SAID
LOT 7, 309.0 FEES tT0 A
SOUTHEAST CORNER,!bF
SAID LOT 7 VOR A FOIM OF
BEGINNING; THENCE
SOUTH 80 DEGREES 56
MINUTES 11 SECONDS
EAST ALONG 'SAID
SOUTHERLY' LINE 309.0
FEET TO A SOUTHEAST
CORNER OF SAID LOT 7;
THENCE NORTH 04
DEGREES, 45 MINUTES
EAST ALONG AN EASTERLY
LINE OF SAID LOT 7, 90.0
FEET; THENCE NORTH 80
DEGREES 58 MINUTES
SECONDS .:ir$T 140.35 1
�ZET; THENCE SOUTH 70
DEGREES 02 MINUTES 02
SECONDS WEST ?oa,q$
FEET TO TiiE POINT OF
Exhibit C
LEC:AL DESCRIP'T'ION
LOT 7 (EXC'E'PT" I'IIAT PART DESCRIBES.) AS FOLLOWS: COMMENCING AT
THE- MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 7; NORTH
80 DEGREES 58 MINUTES 1 l SECONDS WEST' ALONG A SOUTHERLY LINK OF
SAID LOT 7 309.0 FEET TO A SOUTHEAST CORNER OF SAID LOT 7 FOR A
POINT OF BEGINNING; THF.NCE SOUTH 80 DEGREES 58 MINUTES 1 I
SECONDS FAST ALONG SAID SOUTHERLY LINK 309.0 FRET TO A
SOUTHEAST C:ORNTFR OF SAID LOT 7; THENCE NOR'1'l1 04 DEGREE'S, 45
MINUTES EAST ALONG AN EASTERLY LINE OF SAID LOT 7, 90.01'E T;
T'IIENCE NORTH 80 D1 GRELS 58 MINUTES 1 I SECONDS WEST 140.35 FEET;
THENCE SOUTH 70 DEGREES 02 MINUTE'S 02 SECONDS WEST 185,15 FEET TO
'HIP POINT OF BEGINNING; AND ALSO EXCEPTING THAT PART DESCRWED
AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTIIGRNMOS7'
LINE OF LOT 6 OF SAID RESUBDIVISION WITH 'TLlli WESTERLY LINT; OF
ILLINOIS ROUTE NO.47; THENCE SOUTH 69 DEGREES 58 MINUT1iS 14
SECONDS WI-ST ALONG SAID SOOTHERNMOST LINE 230.45 FEET - 1 - 0 THE
SOUTHEP -NMOST CORNER OF SAID LOT 6; TIIENCE SOUTH 19 DrGREHS 57
MINUTE'S 46 SECONDS EAST 192.30 FEET; THENCE NOR 11 70 DEGREES 02
MINUTES 14 SECONDS EAST 141.82 FFFT TO SAID WESTERLY LINE; TIIENCF.
NORTH 04 DEGREI?S 45 MINUTES 00 SECONDS EAST ALONG SAID
WF;STERI.Y LINK 21198 FEET 7'O THE POINT 01: BEGINNING) OF THE
RF,SUBD1V1S10N OF PART OF BLOCK 1, COUNTRYSIDE CENTER, UNIT NO. 1,
YORKVILLE, ILLINOIS, AND ALSO THAT PART OF CENTER PARKWAY
LYING NORTHERLY OF TI 11- NORTH RI(iI1T OF WAY IANr OF U.S. ROUTE 34
AND S()U'TIIERLY OF THE NORTH RIGHT O WAY LINE OF COUNTRYSIDE
PARKWAY, AND ALSO THAT PART OF COUNTRYSIDE PARKWAY LYING j
EASTERLY OF THE WEST RIGHT OF WAY TINE OF CENTliR PARKWAY AND
WESTERLY OF "171F WEST RIGHT' OF WAY LINE OF ILLINOIS ROUTE 47, AND
ALSO 'fl -IAT PART OF ILLINOIS ROUTE. 47 LYING SOUTHERLY OF A LINE
THAT IS 70.0 FEET SOUTHERLY OF AND CONCENTRIC WITH THE SOUTH
RIGHT OF WAY LINK OF COUNTRYSIDE PARKWAY FX"1'ENDED EASTTiRLY,
AND NORTHERLY OF A LINE THAT IS 60.0 SOUTHERLY OF AND PARALLIa,
WITH TI 11; MOST EASTERLY SOUTHERLY LINE OF SAID LOT 7 EXTENDED
EASTERLY, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS.
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Exhibit D
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EXHIBIT "E"
UNITED CITY OF YORKVILLE
BUSINESS DISTRICT DEVELOPMENT PLAN
I. INTRODUCTION
The purpose of this document, entitled the United City of Yorkville Countryside Center
Business District Development Plan (the "Business District Plan ") is to serve as a
development plan for a commercial district in the United City of Yorkville (the "City ")
which includes approximately 20.2 acres located in the northwest quadrant of the
intersection of U.S. Route 34 and Illinois Route 47 and to be known as the Countryside
Center Business District. The boundaries of the area to be included in this Business
District Plan are depicted on a map attached hereto as Exhibit A and legally described on
Exhibit B (the "BD Area ").
The City finds that the BD Area qualifies for designation as a Business District pursuant
to the Illinois Municipal Code, 65 ILCS 5/1 -1 -1, as from time to time amended (the
"Code ")and more specifically 65 ILCS 5/11- 74.3 -1 et seq, (the "Business District Act ").
The City's findings are based on the Qualification Report for the United City of Yorkville
Business District No. 2, Countryside Center Business District (the "Qualification
Report ") prepared by Kane, McKenna and Associates, Inc. of Chicago, Illinois
( "KMA "), which report lists in detail the blighting factors found within the boundaries of
the BD Area. A copy of the Qualification Report is attached hereto as Exhibit C.
The City has determined that the BD Area would benefit from the designation as a
"Business District" under the Business District Act, as such designation empowers the
corporate authorities:
1. To approve all development and redevelopment proposals for a business district.
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2. To exercise the use of eminent domain for the acquisition of real and personal
property for the purpose of a development or redevelopment project.
3. To acquire, manage, convey or otherwise dispose of real and personal property
according to the provisions of a development or redevelopment plan.
4. To apply for and accept capital grants and loans from the United States and the
State of Illinois, or any instrumentality of the United States or the State, for
business district development and redevelopment.
5. To borrow funds as it may be deemed necessary for the purpose of business
district development and redevelopment, and in this connection issue such
obligation or revenue bonds as it shall be deemed necessary, subject to applicable
statutory limitations.
6. To enter into contracts with any public or private agency or person.
05392 \00547 \480773.5 1
7. To sell, lease, trade or improve real property in connection with business district
development and redevelopment plans.
8. To employ all such persons as may be necessary for the planning, administration
and implementation of business district plans.
9. To expend such public funds as may be necessary for the planning, execution and
implementation of the business district plans.
10. To establish by ordinance or resolution procedures for the planning, execution and
implementation of business district plans.
11. To create a Business District Development and Redevelopment Commission to
act as agent for the municipality for the purposes of business district development
and redevelopment.
12. To impose a retailers' occupation tax and a service occupation tax in the business
district for the planning, execution, and implementation of business district plans
and to pay for business district project costs as set forth in the business district
plan approved by the municipality.
13. To impose a hotel operators' occupation tax in the business district for the
planning, execution, and implementation of business district plans and to pay for
the business district project costs as set forth in the business district plan approved
by the municipality.
14. To issue obligations in one or more series bearing interest at rates determined by
the corporate authorities of the municipality by ordinance and secured by the
business district tax allocation fund set forth in Section 11- 74.3 -6 for the business
district to provide for the payment of business district project costs. (65 ILCS
5/11- 74.3 -3)
In order to impose a tax pursuant to item (12) or item (13) cited above, the corporate
authorities shall undertake the following:
1. Hold public hearings at least one week prior to designation of the business district
and approval of the business district development plan.
2. The area proposed to be designated as a business district must be contiguous and
include such parcels of real property to be directly and substantially benefitted by
the proposed development.
3. The corporate authorities of the municipality shall find that the business district is
a blighted area and has not been subject to growth and development through
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private investment and without a business district development plan is not
reasonably anticipated to be developed.
Based on the findings in the Qualification Report that the BD Area is a blighted area as
defined by the Business District Act, the City desires to proceed with all other actions
required under the Business District Act to impose such taxes as permitted thereby in
order to implement this Business District Plan.
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In addition, the City has previously determined that the BD Area qualifies for the sharing
or rebating of retailers' occupation taxes received by the City that will be generated by
development of the BD Area pursuant to the Code, and, more specifically, 65 ILCS 5/8-
11-20 (the "Economic Incentive Act "), based on the following findings:
1. The BD Area has been and remained vacant for at least one year;
2. Redevelopment of the BD Area is expected to create job opportunities
within the City;
3. Redevelopment of the BD Area will serve to further the development of
adjacent areas;
4. That without incentives, including a sales tax rebate, the redevelopment of
the BD Area would not proceed;
5. T -L Countryside LLC, the Developer of the BD Area, meets high
standards of creditworthiness and financial strength by demonstrating
evidence of equity financing for not less than 10% of the total project
costs;
6. Redevelopment of the BD Area will strengthen the commercial sector of
the City;
7. Redevelopment of the BD Area will enhance the tax base of the City; and
8. An economic incentive agreement providing for the sharing, rebating or
pledging of retailers' occupation taxes to support redevelopment of the BD
Area is in the best interest of the City.
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II. UNITED CITY OF YORKVILLE
In 2007, the United City of Yorkville celebrated the 50 birthday of its incorporation as a
City. The United City of Yorkville is located in the Fox River Valley of Kendall County,
on both sides of the Fox River, approximately 45 miles southwest of the City of Chicago.
In 1957, the residents of the Village of Yorkville on the south side of the Fox River and
the residents of the Village of Bristol on the north side voted to merge into the United
City of the Village of Yorkville. Over 30 years later the name was shortened to the
United City of Yorkville. At the time of its merger, the combined municipalities had
approximately 1,200 residents.
The City was originally settled in 1832 along the Fox River and platted in 1836 by Rulief
Duryea. Growth in the area was spurred by the designation of the Village of Yorkville as
the County Seat and the construction of a new courthouse in 1864. The Village of
Yorkville was actually incorporated in 1874 encompassing land only to the south of the
Fox River until the merger with the Village of Bristol in 1957. Since its merger, the City
has grown from a population of approximately 1,200 to 6,189 as of the 2000 census, and
to 11,204 as of a special census in 2005. Currently, another special census is underway
with the population estimated to be in excess of 15,000. Situated in an area the U.S.
Census Bureau has designated as the fastest growing county in the United States, it is
expected that the population shall continue to rapidly increase. The City is generally
bounded by unincorporated areas of Kendall County on the south, the Village of
Montgomery to the north, the Village of Oswego to the east and the Village of Plano to
the west.
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III. COUNTRYSIDE SHOPPING CENTER
Until the 1970's, Yorkville's downtown was the only business district in the City when
the City annexed a large area at the northwest quadrant of intersection US Route 34 and
IL Route 47 known as Countryside Shopping Center (the "Center "). The annexation
provided for the development of the Center on 20.2 acres of land around the two primary
arterials of the growing City. The shopping center included a total of 158,000 square feet
of retail space. This commercial development served as a community center configured
as an inward - oriented cluster of three buildings plus an outlot cinema building
surrounded by large accessory parking areas and potential for more outlot development.
With the passage of time and significant competition emerging in the region, the general
market demands and evolving changes from traditional' retail centers to auto - oriented
strip malls and big box users, the Countryside Shopping Center became obsolete. The
once distinctive lay -out and unique configuration hampered visibility as enjoyed by
newer retail operations. The requirements for increased size and co- tenanting retail
practices were not achievable within the aging physical structures at this Center.
Vacancies began to occur and the reduction in rental income resulted in a failure to
undertake necessary renovations and rehabilitation until maintenance lagged to such an
extent that the buildings were below minimum code standards.
The community attempted to locate community organizations to attract and increase foot
traffic. Notwithstanding the efforts of the City, the increasing deterioration of the
buildings and site improvements, obsolescence due to size, layout and configuration, and
extensive long term vacancies caused a lagging equalized assessed valuation for the
Center and a serious liability to the City. While the intersection of US Route 34 and IL
Route 47 became a major hub for the City, its immediately adjacent commercial shopping
district became a ghost town. It became apparent that without the leadership of the City,
this significant parcel of land with its primary location would not redevelop through
private investment alone.
In 2005, the City developed a strategy to revitalize the Center and engaged the firm of
URS /TPAP to investigate whether the area qualified for the benefits of the Illinois Tax
Increment Allocation Redevelopment Act (the "TIF Act "). After an in depth analysis,
URS /TPAP delivered the US Route 34 and IL Route 47 (Countryside Shopping Center)
Tax Increment Financing Redevelopment Project Area Eligibility Study dated September
17, 2004, which determined that the Center was a "blighted area" based upon the
following conclusions:
"Based on the definitions set forth in the Act, the Project Area is
found to be eligible for (i) classification as a "blighted area" and
(ii) designation as a redevelopment project area. Specifically,
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"The Project Area is over 1 -'h acres;
05392 \00547 \480773.5 5
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"5 of the 13 blighted area factors, including
"obsolescence," "deterioration," "structures of below minimum
code standards," "excessive vacancies," and "declining or lagging
equalized assessed valuation" are present to a meaningful extent
and are reasonably distributed throughout the Project Area;
"An additional four factors are present to a more limited
extent, including "lack of light, sanitation or sanitary facilities,"
"excessive land coverage and overcrowding of structures and
community facilities," "environmental remediation," and "lack of
community planning," and support the overall blighted area
finding; and,
"The Project Area includes only real property and
improvements thereon substantially benefitted by the proposed
redevelopment project improvements.
These conclusions are made on the basis that blighted area factors
are (i) present to a meaningful extent and (ii) reasonably
distributed throughout the Project Area."
Recognizing that the Center as a whole had not been subject to growth and development
through private investment and it was not reasonable to expect redevelopment without
assistance, in February 2005 the City authorized the preparation of a Redevelopment Plan
and designated the Center as a "Redevelopment Project Area" under the TIF Act. In
addition, the Corporate Authorities thereafter entered into a Redevelopment Agreement
with the contract purchaser of the Center (the "2005 Redevelopment Agreement") and
issued alternate revenue bonds pursuant to the City's authority under the Act, to pay for
specified "redevelopment project costs" as defined by the TIF Act. The 2005
Redevelopment Agreement obligated the contract purchaser to demolish the existing
structures comprising the Countryside Shopping Center, reconfigure the Center and
adjoining roadways and construct no less than 80,000 square feet of retail space. In
accordance with the 2005 Redevelopment Agreement, the contract purchaser (the
"Developer ") proceeded to acquire the Center and to demolish all of the buildings.
Despite the best efforts of the Developer, redevelopment never occurred as contemplated
by the 2005 Redevelopment Agreement. Larger tracts of land in the general vicinity of
Countryside Shopping Center were developed and potential uses were lured to other
larger development sites where major retail centers were constructed with several
compatible co- anchors. As a result, the Developer and the City agreed that the
Countryside Shopping Center required further review and a new strategy and plan for
development.
05392 \00547 \480773.5 6
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IV. PROPOSED DEVELOPMENT PROJECT REVISED IN 2008
The Developer (and owner) of the Countryside Shopping Center has presented to the City
a new concept plan for its redevelopment as an outdoor lifestyle center which includes
resting places, pedestrian - friendly medians, raised crosswalks, advanced stop lines, wide
and raised sidewalks, on- street parking, multiple fountains, pavers, planters, and themed
way directional signage (the "Concept Plan "), a copy of which is attached hereto as
Exhibit D. In addition, the Developer has agreed to use commercially reasonable efforts
to design and construct the Center to include light pollution reducing and high efficiency
luminaires, to incorporate select green roof elements into the construction of the roof to
reduce heat island effects, to use low volatile organic compound materials, to design and
construct the walls, roof and windows with an insulation value that meets or exceeds state
energy codes, to encourage occupants of the Center to use energy management systems
and has agreed to promote the use of recycled content building materials.
The Concept Plan for the redevelopment of the Countryside Shopping Center has the
following components:
1. a one -story pedestrian oriented town center with no less than 166,000 square feet
of building area designed for retail businesses such as full and limited serving
dining, retail specialty shops, and entertainment or hospitality uses;
2. construction of a new entranceway of the Countryside Shopping Center, including
installation of a traffic signal and widening of Route 47 as necessary;
3. construction of improvements to Countryside Parkway and Center Parkway which
border the Center on the north and west;
4. site amenities including brick accented parking and walkway areas with a
fountain, extensive plantings and resting areas.
Recognizing that the redevelopment of the Center is of vital importance to the City given its
strategic location near the intersection of two primary commercial corridors of the City, and that
the City's designation of the Center as a Redevelopment Project Area in February 2005 had not
been amended or repealed and the Center remains eligible for benefits under the TIF Act, the
Corporate Authorities authorized the City to enter into a new Redevelopment Agreement with
the Developer dated August 12, 2008 (the "2008 Redevelopment Agreement"), under which the
City agreed to utilize the economic incentives available pursuant to the TIF Act, the Economic
Incentive Act and (subject to receipt of the Qualification Report then being prepared by KMA),
the Business District Act, to induce the Developer to incur extraordinary costs to implement the
Concept Plan. The Qualification Report supports the eligibility of Countryside Shopping Center
as a Business District, and therefore, pursuant to the terms of the 2008 Redevelopment
Agreement, the City has formulated this Business District Plan to create the "Countryside Center
Business District" within the BD Area. The boundaries of the Countryside Center Business
District encompass the boundaries of the Redevelopment Project Area established by the City in
February 2005 and are extended to include adjacent rights of way.
05392 \00547 \480773.5 7
V. BUSINESS DISTRICT DEVELOPMENT GOALS AND PROJECTS
This Business District Plan has been prepared in accordance with the provisions of the
Business District Act and is intended to guide improvements, activities and projects
within the Countryside Center Business District in order to stimulate private investment.
It is the City's goal that through the implementation of this Business District Plan, the
Countryside Center Business District be developed on a comprehensive and planned
development basis in order to ensure that new development occurs on a coordinated
rather than piecemeal basis to ensure that the land use, pedestrian access, vehicular
circulation, parking, service and design systems are functionally integrated and meet
present -day standards so that the Countryside Center Business District may contribute
productively to the economic vitality of the City.
Countryside Center Business District Goals
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General goals for the Countryside Business District include:
• an environment that will contribute more positively to the health, safety
and general welfare of the City and surrounding communities;
• improved streets and traffic control that will provide safe and efficient
access to the Countryside Center Business District and will benefit the US
Route 34 and Illinois Route 47 intersection;
• the creation of a new high - quality shopping center with destination,
anchor and retail goods and services to support the local and regional
populations and enhance the overall quality, vitality and character of the
community;
• new investment and development that will increase the value of properties
within and adjacent to the Countryside Center Business District,
improving the real estate and sales tax base of the City and other taxing
districts;
• an increase in construction, part-time, and full -time employment
opportunities for residents of the City;
• elimination of the factors that qualified the Countryside Center Business
District as a blighted area; and,
• a strong, positive visual image of the Countryside Center Business District
through attractive and high - quality building design and site improvements.
05392 \00547 \480773.5 8
VI. ESTIMATED BUSINESS DISTRICT PROJECT COSTS
A range of development projects, activities and improvements that will be required to
implement this Business District Plan are discussed in Section IV. In undertaking these
activities and improvements, the City may incur and expend funds related to the projects
described in Section IV of this Business District Plan. The activities and improvements
and their estimated costs are set forth in Table 1 of this Business District Plan. In
addition to those estimated costs, any bonds or debt obligations (including notes) issued
by the City may include an amount of proceeds sufficient to pay customary and
reasonable charges associated with the issuance of such obligations as well as to provide
for capitalized interest and reasonably required reserves. Funds may be moved from one
line item to another or to another project cost category described in this Business District
Plan at the City's discretion.
UNITED CITY OF YORKVILLE BUSINESS DISTRICT NO. 2
ESTIMATED BUSINESS DISTRICT PROJECT COSTS"
(a) Land Acquisition /Assembly $ 500,000
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(b) Public Infrastructure (utilities, construction
or reconstruction of roadways, curb and gutter) 1,600,000
(b) Traffic sign alization/si gnage 250,000
(d) Site preparation (including parking improvements);
demolition; grading, excavation 5,400,000
(e) Engineering, planning, legal, other professional costs 750,000
Total $8,500,000
"All estimates are based on 2008 dollars, and are subject to adjustment annually based
on the Consumer Price Index.
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VII. SOURCES OF FUNDS TO PAY DEVELOPMENT PROJECT COSTS
Upon designation of the Countryside Center Business District by City ordinance, the City
intends to impose the retailers' occupation and service occupation taxes provided for by
the Business District Act within the Countryside Center Business District, at a rate of one
percent (1 %) of gross sales ( "Countryside Center Business District Sales Taxes" or
"Countryside Center Business District Sales Tax "). The Countryside Business District
Sales Taxes may not be imposed for more than 23 years from the date of adoption of this
Business District Plan to pay for business district project costs within the Countryside
Center Business District and obligations issued to pay those costs.
A separate City ordinance shall also be adopted by the City Council to create a separate
fund entitled the "Countryside Center Business District Tax Allocation Fund" in order to
receive the Countryside Center Business District Sales Tax revenues from the Illinois
Department of Revenue. Pursuant to the Business District Act, all funds received from
the Countryside Center Business District Sales Taxes must be deposited into this special
fund. j
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Funds necessary to pay for business district project costs and secure municipal
obligations issued for such costs are to be derived primarily from Countryside Center
Business District Sales Taxes and a portion of the City's local retailers' occupation and
service occupation tax revenues generated by businesses within the Countryside Center
Business District as provided in the Economic Incentive Act and the Business District
Act respectively. Other sources of funds which may be used to pay for business district j
project costs or to secure municipal obligations are state and federal grants, investment
income, private financing and other legally permissible funds the City may deem
appropriate. All such funds shall be deposited in the Countryside Center Business
District Tax Allocation Fund.
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VIII. ISSUANCE OF OBLIGATIONS
The City may issue obligations pursuant to the Business District Act and other authorities
in order to pay for business district project costs. The obligations may be secured by the
Countryside Center Business District Sales Taxes, a portion of the City's local retailers'
occupation and service occupation tax revenues generated by businesses within the
Countryside Center Business District and other sources that the City may deem
appropriate. Additionally, the City may provide other legally permissible credit
enhancements to any obligations issued pursuant to the Business District Act.
All obligations issued by the City pursuant to this Business District Plan and the Business
District Act shall be retired within twenty -three (23) years from the date of adoption of
the ordinance approving this Business District Plan. One or more series of obligations
may be issued from time to time in order to implement this Business District Plan.
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Obligations may be issued on either a taxable or tax - exempt basis, as general obligation
bonds, general obligation debt certificates, alternate bonds or revenue bonds, or other
debt instruments, with either fixed rate or floating interest rates; with or without
capitalized interest; with or without deferred principal retirement; with or without interest
rate limits except as limited by law; with or without redemption provisions, and on such
other terms, all as the City may determine and deem appropriate.
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05392 \00547 \480773.5 11
IX. ESTABLISHMENT AND TERM OF THE COUNTRYSIDE BUSINESS DISTRICT
The establishment of the Countryside Center Business District shall become effective
upon adoption of an ordinance by the City Council adopting this Business District Plan
and designating the Countryside Center Business District. Development agreements
between the City and any developers or other private parties shall be consistent with the
provisions of the Business District Act and this Business District Plan.
Pursuant to the Business District Act, the Countryside Center Business District Sales
Taxes described in Section VI may not be imposed for more than twenty -three (23) years
pursuant to the provisions of the Business District Act. The Business District shall expire
upon the termination of the imposition of the Countryside Center Business District Sales
Taxes, which shall be no later than 23 years from the date of adoption of the ordinance
approving this Business District Plan, and the final payout of the same from the
Countryside Center Business District Tax Allocation Fund.
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X. FORMAL FINDINGS
Based upon the information described in the attached Exhibit C, the City Council of the
United City of Yorkville finds and determines the following:
(a) the Countryside Center Business District is a contiguous area and includes only
parcels of real property directly and substantially benefitted by the proposed
business district development or redevelopment plan;
(b) the Business District Plan is consistent with the United City of Yorkville's
Comprehensive Plan for the development of the City as a whole;
(c) the Business District is a blighted area as defined "'in the Business District Act by
reason of the predominance of defective or inadequate street layout and
deterioration of site improvements, all as more specifically described in the
Qualification Report attached hereto as Exhibit C;
(d) the Business District constitutes an economic liability to the City in its present
condition and use; and,
(e) the Business District on the whole has not been subject to growth and
development by private enterprises or would not reasonably be anticipated to be
developed or redeveloped without the adoption of the business district
development or redevelopment plan.
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XI. PROVISIONS FOR AMENDING THE BUSINESS DISTRICT PLAN
The United City of Yorkville's City Council may amend this Business District Plan from
time to time by adopting an ordinance providing for such amendment.
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