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HomeMy WebLinkAbout#5195 Approving an amended intergovernmental agreement t RESOLUTION NO 5195 A RESOLUTION APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON, COUNTY OF FULTON, SPOON RIVER COLLEGE,BANNER TOWNSHIP, VILLAGE OF BANNER,BUCKHEART TOWNSHIP, CANTON TOWNSHIP, ORION TOWNSHIP,AND CANTON UNION SCHOOL DISTRICT#66 AMENDING AN ENTERPRISE ZONE AND DIRECTING THE MAYOR, OR HIS DESIGNEE,AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS WHEREAS, the City of Canton, County of Fulton, Village of Banner, Spoon River College,Banner Township,Buckheart Township,Canton Township,Orion Township,and Canton. Union School District #66, have collectively created the Canton-Fulton County Enterprise Zone located in Fulton County, Illinois; and WHEREAS, the parties desire to amend the incentives provided within the existing Canton-Fulton County Enterprise Zone pursuant to 20 ILCS 655/5.4 of the Illinois Enterprise Zone Act to expand certain incentives for those operating within the Canton-Fulton County Enterprise Zone; WHEREAS, it is necessary to enter into an Amended Intergovernmental Agreement to include all territory designated as the Canton-Fulton County Enterprise Zone and engage in the amendments to provide additional incentives; and WHEREAS, the Legal and Ordinance Committee of the City of Canton has determined that it is necessary and in the best interest to enter into an Amended Intergovernmental Agreement with County of Fulton, Canton Park District, Spoon River College, Banner Township, Buckheart Township, Canton Township, Orion Township, and Canton Union School #66 as set forth in Exhibit"A"attached hereto and incorporated herein; and WHEREAS,the City Council of the City of Canton has made-a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Amended Intergovernmental Agreement attached hereto Exhibit A hereto and herein incorporated by reference, is hereby approved by the Canton City Council. 2. That the Mayor, or his designee, and the City Clerk are hereby authorized and directed to execute the same (at least in triplicate if needed) 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, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton,Illinois at a regular meeting this 18 day of June, 2019 upon a roll call vote as follows: AYES: Alderman Justin Nelson, Angela Lingenfelter, Jeff Fritz, Angela Hale, John Lovell, Quin Mayhew NAYS: None ABSENT: Alderman Craig West, Ryan Mayhew PP OVED: ent McDowell, ay r ATTEST: s Diana Pavley-Rock, City Clerk 2 2019 AMENDED INTERGOVERNMENTAL PROPERTY TAX ABATEMENT AGREEMENT THIS AGREEMENT made and entered into this day of l�l 2019,by and between the City of Canton, County of Fulton, Spoon River College,Banner Township,Buckheart Township, Canton Township, Orion Township, Village of Banner, and the Canton Union School District#66, collectively referred to as the "Taxing Bodies." WHEREAS,the Taxing Bodies have the power to abate property taxes pursuant to Section 18-165 and 170 of the Property Tax Code, as amended(35 ILCS 200/18-165 and 170); and, WHEREAS,the Taxing Bodies may enter in to intergovernmental cooperation agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.); and, WHEREAS, the Taxing Bodies entered into an Intergovernmental Property Tax Abatement Agreement in 2014 and desire to expand the tax incentives created under said 2014 Intergovernmental Property Tax Abatement Agreement; and, WHEREAS, the Taxing Bodies desire to attract and retain new and diverse business and industrial enterprises within their boundaries in order to increase the equalized assessed valuation by encouraging private sector investment; and WHEREAS,the creation of well-paying jobs is essential to the economic and social well- being of the people of the City of Canton and the County of Fulton; and WHEREAS, the Taxing Bodies find that the granting of certain property tax abatements may be necessary to attract and retain new and diverse business and industrial enterprises; and, WHEREAS, the Taxing Bodies desire to establish a simplified cooperative procedure for reviewing and granting, if appropriate, certain property tax abatement requests; NOW, THEREFORE IT IS AGREED by and between the Taxing Bodies as follows: 1. Agreement to Grant Property Tax Abatements The Taxing Bodies agree to provide property abatements to businesses in accordance with Section 18-170 of the Property Tax Code,as amended(35 ILCS 200/18-170),provided the City of Canton, on behalf of the Taxing Bodies, enters into an Abatement Agreement with an Applicant in accordance with the terms and conditions set forth in this Agreement. 2. Definitions Page 1 of 8 The following words,terms, and phrases shall have the meanings set forth herein and such meanings shall be applicable to the singular and plural form thereof: A. "Abatement Agreement"is the written agreement between the City of Canton, on behalf of the Taxing Bodies, and the Applicant receiving the tax abatement. The agreement defines the terms and conditions by which abatement of property tax is authorized. B. "Full-time equivalent job" is a job in which the new employee works for an employer or for another entity under contract to the employer at a rate of at least thirty-five (35)hours per week. An employer who employs labor or services at a specific site or facility under contract with another may declare one full-time, equivalent job for every 1,820 man-hours worked per year under that contract. Vacations, paid holidays, and sick time are included in this computation. Overtime is not considered a part of regular hours. C. "Applicant" is any individual, entity, or enterprise that owns real estate within the corporate limits of the City of Canton or the County of Fulton which is within the boundaries of the certified enterprise zone(as certified by the Illinois Department of Commerce and Economic Opportunity), which takes all of the necessary steps to make said application in compliance with all terms specified in this Agreement. 3. Criteria for Abatement In addition to meeting the statutory criteria of Section 18-170 of the Property Tax Code, as amended (35 ILCS 200/18-170), to be considered for abatement, a qualified enterprise must meet and agree to the following criteria: A. Capital Investment &Job Creation: A company may qualify for property tax abatement by: i. making a capital investment in new construction of between Five Hundred Thousand Dollars ($500,000.00) and Ten Million Dollars ($10,000,000.00) and creating and retaining a minimum of twenty(20) full-time equivalent jobs; or ii. making a capital investment in new construction of over Ten Million Dollars ($10,000,000.00) and creating and retaining a minimum of fifty (5 0) full-time equivalent jobs; or iii. making a capital investment in building expansion of between Four Hundred Thousand Dollars ($400,000.00) and Five Million Dollars Page 2 of 8 ($5,000,000.00) and creating and retaining ten (10) full-time equivalent jobs; or iv. making a capital investment in building expansion of more than Five Million Dollars($5,000,000.00)and creating and retaining fifteen(15)full- time equivalent jobs. B. Wage Rates: Companies must pay an average wage equivalent to 110 percent (110%) of the average wage of Fulton County, as defined and listed for that job classification by the Illinois Department of Employment Security. The minimum average wage must be reviewed and adjusted on an annual basis, on or before December 31 of each year, for the duration of the abatement. C. Abatement Agreement: The applicant shall execute and submit to the City of Canton,on behalf of the Taxing Bodies,an Abatement Agreement that complies with the requirements of this Agreement in a form similar to the document available with the City of Canton. D. Abatement Commencement: The abatement of property tax commences in the first full tax year following the issuance of a temporary occupancy permit for the building for which taxes are being abated. E. Property Location: In order to be eligible for property tax abatement, the property must be within Fulton County and within the certified enterprise zone area, as certified by the Illinois Department of Commerce and Economic Opportunity. F. Scope of Abatement: The abatement of property taxes applies to the new construction or improvements to existing structures, not the underlying land. G. Authority: The Taxing Bodies have final determination on classifications and criteria for the eligibility of Applicants. 4. Property Tax Abatement Schedule The duration for property tax abatement of companies that are located within such enterprise zone and otherwise qualify for such abatement shall be five (5) years for each of the Taxing Bodies. In the first year of the abatement, the Taxing Bodies shall each abate fifty percent (50%) of the property taxes on the subject property. In the second year of the abatement, the Taxing Bodies shall each abate forty percent(40%) of the property taxes on the subject property. In the third year of the abatement, the Taxing Bodies shall each abate thirty percent(30%)of the property taxes on the subject Page 3 of 8 property. In the fourth and fifth years of the abatement, the Taxing Bodies shall each abate twenty-five percent (25%) of the property taxes on the subject property each of those years: 5. Assignment to Transfer The abatement is specifically granted to the Applicant; however, in the event the Applicant transfers or assigns any or all of its ownership of the subject property, the property tax abatement shall remain with the subject property so long as the subsequent owner continues to satisfy all of the criteria for abatement. If the subsequent owner does not satisfy all of the criteria for abatement, the property tax abatement shall immediately cease. 6. Recapture of Tax During the term of the Abatement Agreement, in the event that the Applicant ceases operation, the abatement shall immediately terminate, and each of the Taxing Bodies shall be eligible to receive back the full value of the property taxes abated under the conditions established in the Property Tax Code(35 ILCS 200/18-183). Refund of the abatement shall be remitted to the Taxing Bodies within thirty(30) days from the date the Applicant ceased operation. 7. Agreement with Applicant The Applicant shall enter into an Abatement Agreement with the City of Canton on behalf of the Taxing Bodies that shall set forth the terms of the Abatement and which shall at a minimum include the terms and criteria of the abatement as provided herein. The Abatement Agreement may include any such additional terms as may be required by the City of Canton and Taxing Bodies. The abatement shall be conditioned upon the execution of the Abatement Agreement by the Applicant. Upon completion of the project and compliance verification by the City of Canton during the first full tax year,the City of Canton shall send notice of project compliance, as referenced in paragraph nine (9) of this agreement, to each Taxing Body. The City of Canton, the Taxing Bodies, and the Applicant shall comply with the requirements set forth in the Property Tax Code as set forth in 35 ILCS 200/18-170. Specifically, notice of the abatement order shall be delivered to the Fulton County Clerk no later than July 1 of the assessment year to be first affected by the abatement order. Any material breach of the Abatement Agreement shall be cause for termination of the Abatement. Upon material breach of the Abatement Agreement,the Taxing Bodies or the Applicant, in any court of competent jurisdiction by an action or proceeding at law Page 4 of 8 or equity, may secure the specific terms of performance as set forth by the Abatement Agreement and may be awarded damages for failure of performance. In the event of a material breach or failure to perform any of its obligations as defined by the terms of the Abatement Agreement,the Non-Defaulting Party shall give written notice of the default to the Defaulting Party. The party alleged to be in default shall have thirty(30) days after receiving written notice of default to correct the default prior to the Non-Defaulting Party seeking remedy as provided for herein. However, the thirty (30) day period may be extended an additional thirty (30) days by the City of Canton if the Defaulting Party has initiated the cure of said default and is diligently proceeding to cure the breach. If the said thirty (30) day period has been extended and the breach has not been cured, the Non-Defaulting Party shall have the right to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the Defaulting Party hereby agrees to pay and reimburse the Party affected by such default for all reasonable costs and expenses,including attorneys' fees and litigation expenses, incurred by it in connection with any action taken to cure such default. 8. Indemnification The Applicant receiving an abatement agrees to pay, at its expense, any and all claims, damages, demands, expenses, liabilities, and losses of any nature whatsoever resulting from this agreement, the construction, improvement and development activities of Applicant, its agents, contractors, and subcontractors with respect to the development or improvement of its property, and to defend and indemnify and hold the Taxing Bodies and their respective officers, elected and appointed, agents, employees, engineers and attorneys(the"Indemnitees")harmless of,from,and against such claims, damages, demands, expenses, liabilities and losses, except to the extent such claims, damages, demands, expenses, liabilities and losses arise by reason of the gross negligence or willful or wanton act or omission of the Taxing Bodies or other Indemnitees. The Applicant receiving abatement further agrees to defend and hold harmless the Taxing Bodies from any claims arising out of the terms of this Agreement, including any challenges or claims with regard to the abatement of property tax by the Taxing Bodies. The obligation to indemnify created hereunder extends to indemnifying the Taxing Bodies from any claims for monetary relief seeking a refund of any monies abated under that terms of this agreement. The obligation to indemnify also extends to any claims, causes of action, suits, demands, or proceedings, whether in law or in equity, to have any of the terms of this agreement authorizing the abatement of tax Page 5 of 8 revenues declared unconstitutional, invalid, or otherwise void. Further, the obligation to indemnify extends to paying any damages assessed against the Taxing Bodies as a result of any actions taken under this agreement. 9. Reporting Procedures On an annual basis, on or before March 31 of each year, for the duration of the abatement, the Applicant shall supply the Enterprise Zone Administrator or his/her designee with written verification of the Applicant's compliance with the terms of the Abatement Agreement including, but not limited to, job creation, wages being paid, and any such other information as may be required by the City of Canton based on the prior calendar year's data. 10. Termination This agreement shall remain in effect from the date that the Enterprise Zone is approved by the Illinois Department of Commerce and Economic Opportunity or approved by all of the Taxing Bodies, whichever is later, until December 31, 2031, and will automatically renew for an additional ten (10) years if the extension of the Enterprise Zone is granted by'the Illinois Department of Commerce and Economic Opportunity. 11. No Third-Party Beneficiary to Agreement This agreement is made for the purpose of providing a uniform method of reviewing applications for property tax abatements between the Taxing Bodies and is not intended to create any rights, title, or interest for any third-party. 12. Compliance with Law Any proposed abatement shall comply with the provisions of Section 18-165 and 170 of the Property Tax Code, as amended (35 ILCS 200/18-165 and 170). 13. Review Process Upon receipt of the application form for the abatement of taxes which satisfies the criteria set forth herein, the Enterprise Zone Administrator or his/her designee shall, notify the chief executive of each of the other Taxing Bodies of the requested abatement. Each Taxing Body shall have ten (10) days from the receipt of their notification to object to the abatement request. Failure by the respective chief executive to file a written objection with the Enterprise Zone administrator or his/her designee within the ten (10) day time limit shall be construed as a recommendation supporting the abatement request. The City of Canton, on behalf of the Taxing Bodies, shall execute the Abatement Agreement defined herein, unless a majority of the Taxing Bodies file a letter of objection with the Enterprise Zone Administrator within ten(10) days of the date of notification of the request for tax abatement. Page 6 of 8 14. Execution of Agreement This agreement shall be executed in the form of ten(10)duplicate originals by the chief executive of each Taxing Body and shall be attested to by the respective Clerk or Secretary of each Taxing Body. CITY OF CANTON, COUNTY OF FULTON, �t, U� ✓ L. BY: Uv BY: ITS: A Al ITS: 14 ATTEST: ATTEST: ITS: ITS: SPOON RIVER COLLEGE, BY: ITS: BANNER TOWNSHIP, BUCKHEART TOWNSHIP, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: --------SIGNATURES CONTINUED ON NEXT PAGE-------- Page 7 of 8 CANTON TOWNSHIP, ORION TOWNSHIP, BY: BY: ITS: ITS: i ATTEST: ATTEST: ITS: ITS: CANTON UNION SCHOOL DISTRCIT#66, BY: ITS: ATTEST: ITS: VILLAGE OF BANNER, ILLINOIS BY: ITS: ATTEST: ITS: Page 8 of 8 CANTON TOWNSHIP, ORION TOWNSHIP, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: CANTON UNION SCHOOL DISTRCIT#66, BY: ITS: Board President 1f ATTEST: / v fYL ITS: �'�Board Secretary VILLAGE OF BANNER, ILLINOIS BY: ITS: ATTEST: ITS: Page 8 of 8 14. Execution of Agreement This agreement shall be executed in the form of ten(10)duplicate originals by the chief executive of each Taxing Body and shall be attested to by the respective Clerk or Secretary of each Taxing Body. CITY OF CANTON, COUNTY OF FULTON, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: SPOON RIVER COLLEGE, BY: ATTEST: A ITS: e i BANNER TOWNSHIP, BUCKHEART TOWNSHIP, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: Page 7.of 8 CANTON TOWNSHIP;. ORION TOWNSHIP, BY ITS: I/ ITS- . ,ATTEST �r`- ATTEST:.. - .ITS: , ITS:' !CANTON UNION:SCHOOL DISTRCIT#66, BY: 'ITS: ATTEST: TTS: VILLAGE OF BANNER, ILLINOIS: BY:_ . -ITS:' ATTEST: ITS:. Page S.-of 8 CANTON TOWNSHIP, ORION TOWNSHIP, ITS: ITS:S /Y -I -- ATTEST: ATTEST: ITS: ITS: ( .Icy 4 i5 CANTON UNION SCHOOL DISTRCIT#66, BY: ITS: ATTEST: ITS: VILLAGE OF BANNER, ILLINOIS BY: ITS: ATTEST: ITS: Page 8 of 8 CANTON TOWNSHIP, ORION TOWNSHIP, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: CANTON UNION SCHOOL DISTRCIT#66, BY: ITS: ATTEST: ITS: VILLAGE OF IL4NNER, OIs BY: • • ITS: vi ` ATTEST: ITS: Page 8 of 8 designee within the ten (10) day time limit shall be construed as a recommendation supporting the abatement request. The City of Canton, on behalf of the Taxing Bodies, shall execute the Abatement Agreement defined herein, unless a majority of the Taxing Bodies file a letter of objection with the Enterprise Zone Administrator within ten (10) days of the date of notification of the request for tax abatement. 14. Execution of Agreement This agreement shall be executed in the form of ten (10) duplicate originals by the chief executive of each Taxing Body and shall be attested to by the respective Clerk or Secretary of each Taxing Body. CITY OF CANTON, COUNTY OF FULTON, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: SPOON RIVER COLLEGE, BY: ITS: ATTEST: ITS: BANNER TOWNSHIP, BUCKHEART TOWNSHIP, BY: BY. . ITS: ITS: ° ATTEST: ATTEST: ITS: ITS: e- 'es� _ Page 7 of 8 designee within the ten (10) day time limit shall be construed as a recommendation supporting the abatement request. The City of Canton, on behalf of the Taxing Bodies, shall execute the Abatement Agreement defined herein, unless a majority of the Taxing Bodies file a letter of objection with the Enterprise Zone Administrator within ten (10) days of the date of notification of the request for tax abatement. 14. Execution of Agreement This agreement shall be executed in the form of ten (10) duplicate originals by the chief executive of each Taxing Body and shall be attested to by the respective Clerk or Secretary of each Taxing Body. CITY OF CANTON, COUNTY OF FULTON, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: SPOON RIVER COLLEGE, BY: ITS: BANNER TOWNSHIP, BUCKHEART TOWNSHIP, BY y �—�'�/ BY: sK ITS: ITS: ATTEST ; ATTEST: ITS: ITS: --------SIGNATURES CONTINUED ON NEXT PAGE—----- Page 7 of 7 14. Execution of Agreement This agreement shall be executed in the form of ten(10)duplicate originals by the chief executive of each Taxing Body and shall be attested to by the respective Clerk or Secretary of each Taxing Body. CITY OF CANTON, COUNTY OF FULTON, L/ BY: LUv BY: ITS: M d'1� ITS: V ` ATTEST: ATTEST: ITS: ITS: SPOON RIVER COLLEGE, BY: ITS: BANNER TOWNSHIP, BUCKHEART TOWNSHIP, BY: BY: ITS: ITS: ATTEST: ATTEST: ITS: ITS: --------SIGNATURES CONTINUED ON NEXT PAGE-------- , Page 7 of 8