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HomeMy WebLinkAboutResolution #3484RESOLUTION NO. 3484 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND FULTON COUNTY CONCERNING FORMER LH.C. SLANT SITE WHEREAS, the City Council of .the City of Canton, Illinois has reviewed Xhe terms of the Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Agreement which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be subject to and effective pursuant to the terms and conditions set forth therein and as the same may be modified by mutual agreement of the parties before final execution. 2. That the Mayor and' City Clerk of the City of Canton, Illinois are herby authorized and directed to execute and deliver said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 17th day of August, 1999, upon a roll call vote as follows: AYES: Aldermen. Molleck, Sarff, Phillips, Nidiffer, Meade, Shores, May. NAYS: None . ABSENT: Alderman Hartford. VED: Donald E. Edwards, Mayor Attest: Nanc Whites, ity Clerk INTERGOVERNMENTAL AGREEMENT COUNTY OF FULTON & CITY OF CANTON (former IHC plant site) This agreement is made and entered into on the day and the year last written by and between the County of Fulton, an Illinois county and the City of Canton, an Illinois municipal corporation and is for the purpose of setting forth the agreement between the parties concerning certain real estate in the city which was formerly occupied by the production facilities of International Harvester Company and is commonly known as the IHC plant site. WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local government to enter into intergovernmental agreements and arrangements or to otherwise associate themselves in any manner not prohibited by law or ordinance; and, WHEREAS, the Intergovernmental Cooperation Act (SILOS 220/1 et seq.) provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unity of local government pursuant to agreement; and, WHEREAS, Section 5 of the Intergovernmental Cooperation Act provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental services, activity or undertaking which any of the public agencies entering into the agreement is authorized by law to perform, provided that such agencies entering into the agreement is authorized by law to perform, provided that such agreement shall be authorized by the governing body of each party to the agreement; and, WHEREAS, there exists within the city limits of the City of Canton an industrial plant site of approximately 35 acres which was formerly occupied by the International Harvester Company and used as a production facility by that company; and, WHEREAS, that plant site has had several legal owners and operators since IHC closed the plant in the 1980's including, inter alia, Canton Industrial Corporation, The Thistle Company, Cyber America Corporation, Canton Tire Recycling; and, WHEREAS, it is believed that several portions of the tract have been contaminated by hazardous materials or other pollutants; and, WHEREAS, real estate property taxes have been unpaid for many years by the various owners so that as of June, 1999, the approximate amount of unpaid taxes totaled $600,000.00; and, 1 WHEREAS, a major fire, on August 6, 1997 destroyed much of the former factory buildings and left a major portion of the premises in rubble; and, WHEREAS, the Environmental Protection Agencies of both the United States and the State of Illinois have been inspecting and evaluating the site; and, WHEREAS, it has been determined that there has been contamination of the site in the past and that certain contamination continues to exist; and, WHEREAS the United States Environmental Protection Agency ("EPA") has entered into a Prospective Purchaser Agreement with the City of Canton which provides essentially that the EPA will not look to the City, the County or any prospective purchasers of the real estate involved for contribution toward the costs of environmental clean up but at the same time the EPA may legally pursue prior owners who may have contributed to the contamination of the site; and, WHEREAS the County of Fulton will take title to the entire plant site pursuant to court order entered on June 18, 1999 as Trustee (pursuant to 35 ILCS 200/21-90 for the various taxing districts involved and further no taxes will be assessed and the property will be exempt from taxation for so long as the property is owned by the Trustee for the taxing districts pursuant to 35 ILCS 200/21-95 and 35 ILCS 200/21-100; and, WHEREAS the County of Fulton wishes to convey the property it holds as trustee to a land trust with the City of Canton as trustee with all of the various taxing districts involved as owners of the beneficial interests therein, and manage the property in accordance with the statutes made and provided; and, WHEREAS, the City of Canton is ready, willing and able to carry out the administration of the property and to manage it in accordance with the law. NOW, THEREFORE, the parties for good and valuable considerations, agree as follows: 1. The real estate involved is described in Exhibit A by parcel number. Exhibit A is attached hereto and made a part of this agreement. 2. That the County of Fulton as Trustee will transfer the real estate to the City of Canton as Trustee of a land trust to carry out the powers and duties pursuant to the statute (35 ILCS 200/21-90). The City shall be the "designee" of the County as trustee. The City of Canton will reimburse the County of Fulton the sum of $1950.00 within 30 days of the date of this agreement for expenses incurred by the County for securing title to this real estate. 3. That the City will administer and manage the real estate as it determines in the sole exercise of its judgment. It further shall have the power and authority to develop said real estate and to lease or sell the entire parcel or any portion thereof as it 2 determines, provided that it shall not be necessary to obtain the consent or agreement of the County or any other taxing district before carrying out any development, improvement, alteration lease or sale. In this connection, the city shall have the unrestricted authority to restore any former streets or to develop new streets on the site without compensation to any other taxing district or districts. 4. That the City will administer, develop and lease or sell the real estate involved as it best determines in the exercise of its judgment and it shall not be necessary to obtain the consent or agreement of the County or any other taxing district before making such sales or leases. 5. This agreement shall be effective immediately and shall continue until all of the property is conveyed or until the parties mutually agree in writing to cancel it. 6. That the parties mutually acknowledge the sufficiency of the consideration for this agreement. 7. At the time this agreement is made, there are certain buildings and other improvements on the premises. The City shall have the authority to determine which buildings or improvements shall remain on the premises and which, if any, buildings or improvements shall be removed or razed. 8. That all aspects of the management, utilization, possession and operation of the property shall be carried out by the City including but not limited to: a. Security b. Environmental cleanup c. Utilities - It is noted that the city shall have the right to purchase water service from itself and shall further have the right to change, alter, add, delete or remove any utilities on or servicing the site. d. General maintenance. e. Repairs 3 9. As Trustee, the City will maintain an itemized accounting of all expenses Incurred. Copies will be made available to all taxing districts annually. As funds become available, the sufficiency of which shall be solely determined by the City, the City as trustee will distribute to the taxing districts which have unpaid taxes on the property involved as follows: To Canton District 66 51.6% To City of Canton 14.5% To Fulton County 13.3% To Canton Park 6.3% To SRC 534 6.2% To Canton Township 5.2% To Fulton County Ambulance 2.0% (note: only adds up to 99.1 %) a. The term "expenses" may include all sums paid to third parties and may also include itemized expenses incurred or paid at regular rate by the City of Canton for use of its equipment and personnel, both professional and non-professional. b. Under no circumstances will any taxing district be asked or required to supply funds for this project for any expenses or otherwise. The City may expend such funds as it determines appropriate. 10. It is agreed that the City will attempt to sell the real estate as a single tract, however, it may sell portions thereof in order to obtain the best price available. The successor Trustee may employ agents however; commissions shall be limited by written agreement. There shall be no obligation to pay any commission absent a written commission agreement prior to the sale. 11. Before making any sale, the City, as Trustee of the land trust may obtain an appraisal of the property. 12. The Successor Trustee shall have the power to rent any or all of the real estate involved for periods not to exceed one year. All rentals shall be by written agreement and shall be in accordance with all use restrictions of the City of Canton and any additional restrictions, which the Successor Trustee may deem appropriate and necessary for the utilization of the property. All rentals shall be subject to the Lessor's right to show the property to prospective purchasers at reasonable times and shall be subject to cancellation on reasonable terms. Any leasing shall be by written lease and shall save harmless the taxing entities on account of environmental hazards, contamination or clean up. 4 13. It is agreed and understood that the City of Canton shall have sole and exclusive zoning authority over all of the real estate involved. 14. Insofar as legally permissible, any taxing district may purchase part or all of the subject property, however all other taxing districts involved must be paid proportionately, their aliquot share of such purchase price. 15. After a reasonable period of time after acquisition of the tax deed and the environmental clean up, if any, if the property remains unsold and sale prospects appear dim, representatives of the taxing districts involved shall meet and determine how to conclude the trust and to relieve the Trustee of the land trust of further responsibility. 16. The County of Fulton and the City of Canton shall each designate the County Board Chairman and the Mayor of the City of Canton as their respective spokesperson in all matters as between the two parties recognizing that the Fulton County Board and the Canton City Council have the ultimate authority to act and bind their respective entities. 17. There are no warranties, guarantees or other agreements concerning this subject matter or this property except as set forth herein. 18. The City of Canton will make annual application to retain the tax exemption on all unsold parcels. 19. Any notices required shall be sent to the parties at the addresses shown at the end hereof by United States Postal Service Certified Mail. County of Fulton Fulton County Board Chairman Fulton County Courthouse 100 North Main Street City of Canton Mayor of City of Canton Canton City Building 210 East Chestnut Street Lewistown, Illinois 61542 Canton, Illinois 61520 20. The parties mutually agree to cooperate fully to carry out the objectives of this agreement and to exercise due care toward each other in performing same. In witness, the parties have executed this agreement pursuant to authorization by their respective governing bodies on this day of , 1999. COUNTY OF FULTON CITY OF CANTON, an Illinois municipal corporation, By: Chairman of the Board Attest: County Clerk By: Mayor Attest: Crty Jerk s EXHIBIT A -INTERGOVERNMENTAL AGREEMENT, FULTON COUNTY, CITY OF CANTON PARCEL IDENTIFICATION NO. 09-08-27-434-016 09-08-27-439-001 09-08-27-439-002 09-08-27-43 9-003 09-08-27-439-004 09-08-34-23 0-001 09-08-34-230-002 09-08-34-230-003 09-08-34-230-004 09-08-34-230-008 09-08-34-230-009 09-08-34-230-010 09-08-34-230-011 09-08-34-23 0-012