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HomeMy WebLinkAboutOrdinance #1806~ ~ ~. ~' ORDINANCE NO. 1806 AN ORDINANCE APPROVING THE REDEVELOPMENT PLAN AND PROJECT FOR THE INTERNATIONAL HARVESTER SITE REDEVELOPMENT PROJECT AREA WHEREAS, the Council (the "Corporate Authorities") of the City of Canton, Fulton County, Illinois (the "Municipality"}, has heretofore determined that the stable economic and physical development in certain areas of the Municipality is endangered by the presence of blighting factors in those areas, with a resulting decline which impairs the value of private investments, threatens the sound growth and the tax base of the Municipality and the taxing districts having the power to tax real property in the Municipality (the "Taxing Districts"} and threatens the health, safety, morals and welfare of the public; and WHEREAS, the Corporate Authorities have heretofore determined that blighting conditions in the Municipality must be eradicated and redevelopment of blighted areas of the Municipality must be undertaken in order to remove and alleviate adverse conditions in the Municipality and to encourage private investment and restore and enhance the tax base of the Municipality and the Taxing Districts; and WHEREAS, the Municipality has heretofore evaluated various lawfully available programs to provide economic assistance and has determined that the use of tax increment allocation financing is necessary to achieve the redevelopment goals of the Municipality for the International Harvester Site Redevelopment Project Area (the "Area"}; and WHEREAS, the Municipality has heretofore made available for public inspection the basis for the determination that the proposed Area qualifies as a "redevelopment project area" pursuant to the TIF Act which basis includes, without limitation, property inspections by VandeWalle & Associates ("VandeWalle"} and an analysis of growth in the equalized assessed valuation of the Area over a period of five years; and WHEREAS, VandeWalle is a planning firm having a national reputation for expertise in tax increment allocation redevelopment financing in the State of Illinois; and WHEREAS, based upon information provided by Vandewalle, the Municipality has concluded that the proposed Area qualifies as a "redevelopment project area" within the meaning of Section i l 74.4-3 of the TIF Aet; and WHEREAS, the Municipality has further caused the preparation of and made available for public inspection a proposed redevelopment plan and project for the proposed Area (the "Plan" and "Project"}; and WHEREAS, the Corporate Authorities have heretofore determined and it hereby is, ;~ ~ h expressly determined that the proposed Plan will not result in displacement of 10 or more residents from inhabited units or in displacement of residents from 10 or more inhabited residential units; and WHEREAS, none of the redevelopment project costs enumerated in the proposed Plan and Project will provide direct financial support to a retail entity initiating operations in the proposed Area while terminating operations at another Illinois location within 10 miles of the proposed Area but outside the boundaries of the Municipality; and WHEREAS, the proposed Plan and Project sets forth in writing the program to be undertaken to accomplish the objectives of the Municipality and includes, without limitation, an itemized list of estimated redevelopment project costs proposed for the proposed Area, evidence indicating that the proposed Area on the whole has not been subject to growth and development through investment by private enterprise, an assessment of the financial impact of the Area on or any increased demand for services from any taxing district affected by the Plan and any program to address such financial impact or increased demand, the sources of funds to pay costs, the nature and term of the obligations to be issued, the most recent equalized assessed valuation of the Area, an estimate as to the equalized assessed valuation after redevelopment and the general land uses to apply in the Area, a commitment to fair employment practices and an affirmative action plan, and a certification that the Plan will not result in displacement of 10 or more residents from inhabited units or in displacement of residents from 10 or more inhabited units, and the Plan and Project accordingly complies in all respects with the requirements of the TIF Act; and WHEREAS, the Municipality has heretofore convened a joint review board (the "JRB") consisting of a representative selected by each community college district, local elementary school district and high school district or each local community unit school district, park district, library district, township, fire protection district and county that will have the authority to directly levy taxes on the property within the proposed Area at the time the proposed Area is designated, a representative selected by the Municipality, and a public member, as required by and in all respects incompliance with the provisions of the TIF Act; and WHEREAS, the JRB has met at the times and as required by the TIF Act and has reviewed the public record, planning documents and a form of proposed ordinance approving the proposed Plan and Project and other related ordinances; and WHEREAS, as provided in Section 11-74.4-5(b) of the TIF Act, the JRB has adopted an advisory, non-binding recommendation that the Plan and Project be approved and that the area be designated as a redevelopment project area within the meaning of the TIF Act; and WHEREAS, pursuant to Section 11-74.4-5 of the TIF Act, the Corporate Authorities heretofore called a public hearing (the "Hearing") relative to the Plan and Project and the designation of the proposed Area as a redevelopment project area under the TIF Act and fixed the time and place for such Heazing, being the 8th day of June, 2004, at 5:30 P.M., at the Historic Depot, 54 N. 4th, Canton, IL 61520; and 2 `t . WHEREAS, due notice of such Hearing pursuant to Section 11-74.4-6 of the TIF Act, together with a copy of the Plan was given to taxing districts and to the Department of Commerce and Economic Opportunity of the State of Illinois by certified mail on Apri123, 2004; and WHEREAS, due notice of such hearing was given pursuant to Section 11-74.4-6 of the TIF Act by publication on May 11, 2404, and May 18, 2004, and by certified mail to taxpayers within the proposed Area on May 27, 2004; and WHEREAS, on May 27, 2004, the Municipality provided notice of the availability of the Plan and Project including information contained in the Plan and Project pertaining to the eligibility of the area and how to obtain this information by mail to all residential addresses that after a good faith effort the Municipality has determined are located within 7S0 feet of the boundaries of the proposed Area; and WHEREAS, the Municipality finds that the aforesaid notice to residential addresses within 754 feet of the boundaries of the proposed Area was given within a reasonable time after the adoption of the ordinance establishing the time and place for the public hearing on the Plan and Project; and WHEREAS, the Municipality conducted the Hearing at 5:30 p.m. on June 8, 2004, at the Historic Depot, 54 N. 4th, Canton, IL 61524; and WHEREAS, at the Hearing all interested persons or affected taxing districts were permitted to file with the Municipal Clerk written objections and were heard orally in respect to any issues embodied in the notice of said Hearing, and the Municipality heard and determined all protests and objections at the Hearing; and WHEREAS, the Hearing was finally adjourned on the 8th day of June, 2044; and WHEREAS, no substantial changes have been made in the proposed Plan or in the parcels of property to be included in the proposed Area since the adjournment of the Hearing; and WHEREAS, the Plan and Project set forth the factors which cause the proposed Area to be a blighted area, and the Corporate Authorities have reviewed the information concerning such factors presented at the Hearing and have reviewed other studies and are generally informed of the conditions in the Proposed Area which could cause the area to be a "blighted area" as defined in the TIF Aet; and WHEREAS, the Corporate Authorities have reviewed evidence indicating that the proposed Area on the whole has not been subject to growth and development through investment by private enterprise and have reviewed the conditions pertaining to lack of private investment in the proposed Area to determine whether private development would take place in the proposed Area as a whole without the adoption of the proposed Plan; and 3 *t WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the proposed Area to determine whether contiguous parcels of real property and improvements thereon in the proposed Area would be substantially benefited by the proposed improvements as set forth in the Project; and WHEREAS, the Corporate Authorities have made an assessment of any financial impact of the proposed Area on or any increased demand for services from any taxing district affected by the Plan and Project and, where necessary, have provided a program to address such financial impact or increased demand; and WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also the existing comprehensive plan for development of the Municipality as a whole to determine whether the proposed Plan and Project conform to the such comprehensive plan of the Municipality: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, iLLINOiS, AS FOLLOWS: Section 1. Findings. The Corporate Authorities hereby make the following findings: (a) The recitals hereinabove set forth are found to be true and correct. (b) The proposed Area is described in the Plan and Project set forth at Exhibit A attached hereto. The map of the proposed Area is also depicted in Exhibit A attached hereto. (c) There exist conditions which cause the proposed Area to be subject to designation as a redevelopment project area under the TIF Aet and to be classified as a blighted area as defined in Section 11-74.4-3 of the TIF Act. (d) The proposed Area on the whole has not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the Plan. (e) The Plan and Project conform to the comprehensive plan for the development of the Municipality as a whole. (i) As set forth in the Plan and in the testimony at the Hearing, the estimated date of completion of the Project is not later than December 31, 2027 and the estimated date of the retirement of all obligations incurred to finance redevelopment project costs as defined in the Plan is not later than December 31, 2027, being the year in which payment to the Municipal Treasurer as provided in subsection (b) of Section 11-74.4-8 of the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after which this ordinance is adopted . (g) The parcels of real property in the proposed Area are contiguous, and only 4 those contiguous parcels of real property and improvements thereon which will be substantially benefited by the proposed Project improvements are included in the proposed Area. Section 2. E$hibits Incorporated by Reference. The proposed Plan and Project which were the subject matter of the Hearing held on the 8th day of June, 2004, are hereby adopted and approved. A copy of the Plan and Project is set forth at Exhibit A attached hereto and incorporated herein as if set out in full by this reference. Section 3. Invalidity of Any Section. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. Section 4. Superseder and Effective Date. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. Section 5. Transmittal to County Clerk. The Municipal Clerk is hereby expressly directed to transmit forthwith to the County Clerk of The County of Fulton, Illinois, a certified copy of this ordinance. PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS 6th DAY OF Jay , 2004. APPROVED: ATTEST: G Nancy White, ,City Clerk Jerry M. Bohler, Mayor 5 ~- ~ ~ '~. EXHIBIT A -PLAN AND PROJECT