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HomeMy WebLinkAboutOrdinance #4421 - Acquisition of 108 N. Main Street and 108 1/2 N. Main Street by The City of Canton STATE OF ILLINOIS) ) SS. COUNTY OF FULTON) CERTIFICATE I, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on September 03, 2024, the City Council of such municipality passed and approved Ordinance #4421 entitled: AN ORDINANCE AUTHORIZING ACQUISITION OF 108 N. MAIN STREET AND 1081/2 N. MAIN STREET, CANTON, IL 61520 BY THE CITY OF CANTON The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 3rd DAY OF September, 2024 Seal di Smith-Walters, City Clerk City of Canton, Illinois ORDINANCE NO. 4421 AN ORDINANCE AUTHORIZING ACQUISITION OF 108 N. MAIN STREET AND 108 %N.MAIN STREET,CANTON,IL 61520 BY THE CITY OF CANTON WHEREAS, the City has the authority to promote the health, safety, and welfare of the City and its citizens and to encourage development, job creation, and/or the full utilization of real estate; and WHEREAS, pursuant to Illinois Statute 65 ILCS 5/8-1-2.5,the City has the authority to appropriate and expend funds for economic development purposes; and WHEREAS, pursuant to the Illinois Business District Development and Redevelopment Act (65 ILCS 5/11-74.3-1 et. seq.), as amended (the "Business District Act"), the City established the Canton Business Development District No. 1 (the "Business District" or "BDD") on March 15, 2022, by approving Ordinance No. 4281; and WHEREAS, on September 30, 2022, the City approved the First Amendment to the Business District by approving Ordinance No. 4307 and further ratified the First Amendment on October 5, 2022 by approving Ordinance No. 4315; and WHEREAS, certain property owned by Olive Branch Lodge #15 (the "Owner") with a common address of 108 and 108 '/z N. Main St., Canton, Illinois and legally described in "Exhibit A" attached hereto (PIN 09-08-27-409-009) (the "Odd Fellows Lodge" and the"Property")is located within the Business District; and WHEREAS, the Odd Fellows Lodge is currently closed and unoccupied, and the Owner wishes to transfer title of the Property to the City of Canton, provided the City acquires title for the Property in return for paying real estate taxes current due and payable to the Fulton County Illinois Treasurer and Collector and pay all such real estate closing and recording fees necessary to transfer title of the Property without additional obligation of the City to further compensate the Owner; and WHEREAS, pursuant to the Business District Act, the City has the authority to incur eligible business district project costs within the BDD including, but not limited to, land acquisition costs, costs incurred for engineering, legal and other professional services, and future expenses for the rehabilitation, renovations, and repairs necessarily incurred by the City to improve,restore,or otherwise redevelop the Property; and WHEREAS, the City Council and Mayor of the City of Canton deem it in the best interests of the residents of the City of Canton (the "City") to accept the gift of (hereinafter the "Odd Fellows Lodge") of the Property to be used for public purposes; and WHEREAS, pursuant to the provisions of Section 11-61-3 of Article 11 of the Illinois Municipal Code, the City is authorized to purchase real and personal property for public purposes pursuant to contracts that provide for the consideration for such purchase to be paid in annual installments during a period not exceeding 20 years (65 ILCS 5/11-61-3); WHEREAS, pursuant to the provisions of Section 11-61-1.5 of Article 11 of the Illinois Municipal Code, "[e]very municipality has the power to acquire by gift, legacy, or grant any real estate or personal property, or rights therein, for purposes authorized under this Code as its governing body may deem proper, whether the land or personal property is located within or outside the municipal boundaries" (65 ILCS 5/11-61-1.5); and WHEREAS, the Odd Fellows Lodge has agreed to gift the Property to the City, subject to the City being responsible for any and all unpaid real property taxes and all closing costs and recording fees relating to the transfer of title of the Property; and WHEREAS, it is hereby estimated that it will cost Twenty Thousand Two Hundred Thirteen and 13/100 Dollars ($20,213.13) to redeem the outstanding taxes that are a lien upon the Property as of the anticipated closing date (the "Outstanding Taxes"); and WHEREAS, the City will incur reasonable closing expenses, including but not limited to title insurance premiums, and other related closing expenses, to acquire the Property for the City, and funds are presently and shall be available in the future for the acquisition and redevelopment of the Property. NOW, THEREFORE, BE IT ORDAINED by the City Council of City of Canton, Fulton County and State of Illinois, as follows: 1. The foregoing recitals are incorporated herein as findings of the City Council of the City of Canton. 2. The City Council and Mayor of the City of Canton hereby determine that it is advisable, necessary, and in the best interests of the City to acquire the Property by gift, to pay the Outstanding Real Estate Taxes, and to enter into an agreement with the Odd Fellows Lodge related to same, substantially in the form attached hereto as "Exhibit B" (the "Agreement"). 3. The Mayor is hereby authorized to take all necessary actions and to execute the Agreement and/or any other documents necessary to accomplish the acquisition of the Property by gift and to pay the Outstanding Taxes and reasonable and necessary closing expenses. The City Attorney is hereby authorized to negotiate and revise Agreement, provided it substantially accomplishes the foregoing and is substantially consistent with this Ordinance. The City Treasurer is hereby authorized to issue any necessary payments to accomplish the foregoing. 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed this 3rd day of September, 2024. AYES: Alderpersons Chamberlin, Grimm, Lovell, Hale, Gossett, Ketcham, Lingenfelter NAYS: None ABSENT: Alderpersons Nelson ABSTAIN: None , Jdj APPROVED: " V Kent McDowe , Mayor ATTE C' Clerk EXHIBIT A To be inserted. EXHIBIT B To be inserted.