HomeMy WebLinkAboutOrdinance #2015ORDINANCE NO. 2 015
CITY OF CANTON
FULTON COUNTY, ILLINOIS
AN ORDINANCE AUTHORIZING
THE ESTABLISHMENT OF A
TAX INCREMENT FINANCING
"INTERESTED PARTIES REGISTRN'
and
ADOPTING REGISTRATION RULES
FOR SUCH REGISTRIES
for the
CANTON ROUTE 9 TAX INCREMENT FINANCING DISTRICT
ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 17TH DAY OF AUGUST, 2010.
ORDINANCE NO. 2 015
CITY OF CANTON
FULTON COUNTY, ILLINOIS
AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A
TAX INCREMENT FINANCING "INTERESTED PARTIES REGISTRY"
and
ADOPTING REGISTRATION RULES FOR SUCH REGISTRIES
for the
CANTON ROUTE 9 TAX INCREMENT FINANCING DISTRICT
WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is a Municipal Corporation
organized under the laws of the State of Illinois; and
WHEREAS, pursuant to Section 11-74.4-4.2 of the Tax Increment Allocation Redevelopment
Act, 65 ILCS 5/11-74.4-1, et. seq. (the "TIF 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;
THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF CANTON:
SECTION 1. The above recitals are incorporated herein and made a part hereof.
SECTION 2. The City Clerk, is hereby authorized and directed to create an `Interested Parties
registry"in accordance with Section 11-74.4-4.2 of the TIF Act for each redevelopment project area
created under the TIF 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 `2nterested Parties
registry ". The City Clerk, with the consent of the City's Special Counsel, Jacob & Klein, Ltd., 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 TIF 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are hereby repealed to the extent of such conflict.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.
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PASSED, APPROVED AND ADOPTED by the Corporate Authorities of the City of
Canton, Illinois, on the 17`" day of August, A.D. 2010, and deposited and filed in the Office of the City
Clerk of said Ciry on that date.
MAYOR & ALDERMEN AYE VOTE NAY VOTE ABSTAIN /ABSENT
David Pickel x
Larry Sarff x
James Hartford x
Craig West x
Gerald Ellis x
Jorge Rivero X
Eric Schenck x
Rick Reed X
Kevin Meade, Mayor
TOTAL VOTES:
APPROVED: ~ ~/J~/~~
Date:
Kevin Meade, Mayor
ATTEST:
Tucker, City Clerk
Attachment:
Date• ~ ~ / `v
Exhibit A. TIF Interested Parties Registry Registration Rules
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EXHIBIT A
CITY OF CANTON
FULTON COUNTY, ILLINOIS
TIF INTERESTED PARTIES REGISTRYREGISTRATION RULES
A. Definitions. As used in these Registration Rules, the following terms shall have the
definitions set forth below:
"Act" shall mean the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1,
et seq., as amended from time to time.
"Clerk" shall mean the City Clerk.
"Interested Party(ies)" shall mean (a) any organization(s) active within the City, (b) any
resident(s) of the City, and (c) any other entity or person otherwise entitled under the Act to
register in the Interested Parties Registry who has registered in such Registry and whose
registration has not been terminated in accordance with these Registration Rules.
"Redevelopment Project Area" shall mean a redevelopment project area that (a) is intended
to qualify or that has previously or subsequently qualified as a "redevelopment project area"
under the Act, and (b) is subject to the "interested parties registry" requirements of the Act.
"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.
"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.
"City" shall mean the City of Canton, an Illinois Municipal Corporation.
B. Establishment of Reeistty. 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 Registrv. The Registries shall be maintained by the Clerk, which has a
principal business office located at City Hall, Canton, Illinois. 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 in a newspaper of general circulation in the
Ciry.
D. Registration by Residents. An individual seeking to register as an Interested Party with
respect to a Redevelopment Project Area must complete and submit a Registration Form to
the Clerk. Such individual must also submit a copy of a current driver's license, lease, utility
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bill, or such other evidence as may be acceptable to the Clerk to establish the individual's
current residency.
E. Registration by Organizations. An organization seeking to register as an Interested Party
with respect to a Redevelopment Project Area must complete and submit a Registration Form
to the Clerk. Such organization must also submit acopy of aone-page statement describing
the organization's current operations in the City.
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 Clerk's receipt of all such
documents. The 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 Clerk determines that a
registrant's Registration Form and/or supporting documentation is incomplete or does not
comply with these Rules, the 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 Parry's registration shall remain effective for a
period of three years. At any time after such three year period, the Clerk may provide written
notice by regular mail to the Interested Party stating that such registration shall terminate
unless the Interested Party renews such registration within thirty (30) days of the Clerk's
mailing of written notice. To renew such registration, the Interested Party 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 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 Regulation Rules shall be reviewed for
an additional, consecutive three year period. If the Clerk determines that a registrant's renewal
Registration Form and/or supporting documentation is incomplete or does not comply with
these Registration Rules, the 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 anew
Registration Form and supporting documentation within thirty (30) days of receipt of the
Clerk's notice. If all defects are not corrected within thirty (30) days or the Interested Party's
receipt of the Clerk's notice, the Interested Party's registration shall be terminated. Any
Interested Parry whose registration is terminated shall be entitled to register again as if a first-
time registrant.
H. Amendment to Registration. An Interested Party may amend its registration by giving
written notice to the 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 the name of the contact person;
and (c) a termination of registration. Upon receipt of such notice, the Clerk shall revise the
applicable Registry accordingly.
I. Registries Available for Public Inspection. Each Registry shall be available for public
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inspection during normal Ciry business hours. The Registry shall include the name, address
and telephone number of each Interested Person and, fox 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) pursuant to X74.4-5(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:
(ii) pursuant to X74.4-5(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 of or extend the life
of the redevelopment project, 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 ten (10); such notice
shall be sent by mail not later than ten (10) days following the City's adoption by
ordinance of such changes:
(iii) pursuant to X74.4-5(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 five percent (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 ten (10); such notice shall be sent by mail not later than ten
(10) days following the City's adoption by ordinance of any such amendment:
(iv) pursuant to X74.4-5(d)(9) of the Act, for redevelopment plans or projects that
would result in the displacement of residents from ten (10) or more inhabited
residential units or that contain seventy-five (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;
(v) pursuant to X74.4-6(e) of the Act, notice of the preliminary public meeting required
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under the Act for a proposed Redevelopment Project Area that will result in the
displacement of ten (10) or more inhabited residential units or which will contain
seventy-five (75) or more inhabited residential units, such notice shall be sent by
certified mail not less than fifteen (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 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
Mayor and City Council, subject to and consistent with the requirements of the Act.
THE CITY OF CANTON
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