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HomeMy WebLinkAboutResolution #3685RESOLUTION NO. 3685 A RESOLUTION CREATING AN INTERESTED PARTIES REGISTRY FOR THE CITY OF CANTON UNDER AUTHORITY OF THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act found at 65 ILCS 5/11-74.4-1 et seq, as supplemented and amended (the "TIF Act"), the Council (the "Corporate Authorities") of the City of Canton, Fulton County, Illinois (the "Municipality") is required to create an interested parties registry for activities related to either existing or proposed redevelopment project areas created under authority of the TIF Act, to adopt reasonable registration rules, and to prescribe requisite registration forms for residents and organizations active within the Municipality that seek to be placed on said interested parties registry; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: Section 1. INTERESTED PERSONS REGISTRY CREATED. There is hereby created an interested persons registry (the "Registry") for persons interested in receiving information about either existing or proposed redevelopment project areas in the Municipality. The Canton City Clerk is hereby authorized and directed to maintain the Registry. Section 2. REGISTRATION RULES AND FORMS. The registration rules for the Registry attached hereto as EXHIBIT A are hereby incorporated herein by this reference and are hereby approved. The registration rules shall apply not only to any redevelopment project area created under authority of the TIF Act which may already exist in the Municipality, but also to any such redevelopment project area which may at any time in the future be proposed or designated. Section 3. PUBLICATION OF NOTICE OF AVAILABILITY OF REGISTRY AUTHORIZED. Notice of the availability of the Registry substantially in the form attached hereto as EXHIBIT B (the "Registry Notice"), shall be immediately published in the Canton Daily Ledger, being a newspaper of general circulation within the Municipality for each redevelopment project area which is proposed or has been created under authority of the TIF Act by the Municipality. Section 4. CREATION OF INTERESTED PARTIES REGISTRY FOR IH AND DOWNTOWN TIF DISTRICT. An interested parties registry for the proposed IH and Downtown TIF District is hereby created. A registry notice with respect to such TIF District shall be immediately published as hereinabove set forth. Section 5. CREATION OF INTERESTED PARTIES REGISTRIES FOR EXISTING TIF DISTRICTS. Interested parties registries are hereby created for TIF District I, TIF District 4A And TIF District 4B, each of which have been previously designated by the Corporate Authorities. A registry notice with respect to each such TIF District shall be immediately published as hereinabove set forth. EXHIBIT A Tax Increment Financing Interested Parties Registration Rules and Forms A. Definitions: The following words and terms as used in these Registration Rules shall have the following meanings: Act means the Tax Increment Allocation Redevelopment Act, as amended (65 ILCS §5/11-74.4-1 et seq.) Interested Party(s) means: a. Any organization(s) active within the Municipality. b. Any resident(s) of the Municipality. 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. Municipality means the City of Canton, Fulton County, Illinois. Redevelopment Project Area means a redevelopment project area that (a) is intended to qualify (or has subsequently qualified) as a "redevelopment project area" under the Act and (ii) is subject to the "interested parties" registry requirements of the Act. Registration Form means the form appended to these Registration Rules or such revised form as may be approved by the Municipality consistent with the requirements of the Act. Registry or Registries means each interested parties registry established by the Municipality pursuant to Section § 11-74.4-4.2 of the Act for a Redevelopment Project Area. B. Establishment of Registry: The Municipality shall establish a separate Registry for each Redevelopment Project Area within the Municipality, whether existing as of the date of the adoption of these Rules or hereafter designated. The Municipality shall establish a new Registry whenever it has identified an area for study and possible designation as a Redevelopment Project Area. In any event the process of establishing each new Registry must be completed prior to the deadline for sending any of the notices required by Section (~ of these rules with respect to a proposed Redevelopment Project Area. C. Maintenance of Registry: The Registries shall be maintained by the Canton City Clerk (the "Designated Officer"), or his or her designee. In the event the Municipality determines that a designee other than the Designated Officer should maintain the Registries, the Designated Officer may transfer the responsibility for maintaining the Registries to such other designee provided that the Municipality (i) gives prior written notice by first class mail to all Interested Parties not less than thirty (30) days prior to such transfer and (ii) publishes notice of such transfer in a newspaper of general circulation within the taking districts affected by the respective Redevelopment Project Area. 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 the Designated Officer. Such individual must also submit a copy of a current driver's license, lease, utility bill, voter's registration card, financial statement or such other evidence as may be acceptable to the Designated Officer to establish the individual's current permanent 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 a Registration Form to the Designated Officer. Such organization must also submit a statement describing the organization's current operations in the Municipality. 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 Designated Officer's receipt of all such documents. 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 Designated Officer determines that a registrant's Registration Form and/or supporting documentation is incomplete or does not comply with these Registration Rules, the Designated Officer shall give written notice by first class mail 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 years after the date of registration. At any time after such three year period the Designated Officer may provide written notice by first class mail to the Interested Person stating that such registration shall terminate unless the Interested Person renews such registration within thirty (30) days of the Designated Officer'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 Designated Officer to confirm such person's residency or such organization's operations in the Municipality. 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 Designated Officer determines that a registrant's renewal Registration Form and/or supporting documentation is incomplete or does not comply with these Registration Rules, the Designated Officer shall give written notice by first class mail 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 Designated Officer's notice. If all defects are not corrected within thirty (30) days of the Interested Person's receipt of the Designated Officer's notice, the Interested Person's registration shall be terminated. Any Interested Person whose registration is terminated shall be entitled to register again as if afirst-time registrant. H. Amendment to Registration: An Interested Party may amend its registration by giving written notice to the Designated Officer by certified mail of any of the following: (i) a change in address for notice purposes; (ii) in the case of organizations, a change in the name of the contact person; and (iii) a termination of registration. Upon receipt of such notice, the Designated Officer shall revise the applicable Registry accordingly. I. Registries Available for Public Inspection: Each Registry shall be available for public inspection during normal Municipal 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: (i) Notices required pursuant to §74-4-5(a) of the Act; (ii) Notices required pursuant to §74-4-5(c) of the Act; (iii) Notices required pursuant to §74.4-5(d)(9) of the Act; and (iv) Notices required pursuant to §74.4-6(e) of the Act. K. Non Interference: These Registration Rules shall not be used to prohibit or otherwise interfere with the ability of 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 Municipality subject and consistent with the requirements of the Act. Section 6. SUPERSEDER: EFFECTIVE DATE. All ordinances, resolutions, motions or orders in conflict with the provisions of this resolution are, to the extent of such conflict, hereby repealed. This resolution shall become effective upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS 2nd DAY OF March , 2004. ATTEST: ~J,~ / ty Clerk APPROVED: .,.. Mayor