HomeMy WebLinkAboutOrdinance #3066 CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF
CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED
MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 17TH DAY OF
JUNE,2014 ADOPTED ORDINANCE NO.3066,A TRUE AND CORRECT COPY OF WHICH
IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 17TH DAY OF JUNE, 2014.
(SEAL)
� ,
�.
DI A PA Y- O K
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 3066
AN ORDINANCE APPROVING AND AUTHORIZING
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 1 - DOWNTOWN/5TH AVENUE TIF DISTRICT
by and between
CITY OF CANTON, FULTON, COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP, LTD.
ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 17TH DAY OF JUNE,2014
ORDINANCE NO. 30G6
AN ORDINANCE APPROVING AND AUTHORIZING
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 1- DOWNTOWN/5TH AVENUE TIF DISTRICT
by and between
CITY OF CANTON, FULTON, COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP, LTD.
PREAMBLE
WHEREAS, on July 20, 2010 the City approved a Professional Services Agreement by
Ordinance 2007 and engaged the professional services of J&K to render legal advice and EDG to render
technical advice to assist the City in Amending and Annually Administering a Tax Increment Financing
(TIF)Redevelopment Plan,Area and Projects for the Canton International Harvester(IH)TIF District,
now known as the Canton 1 - Downtown/5th Avenue TIF District;and
WHEREAS, on November 22, 2011 the City approved the f�irst Amendment to the Canton
International�-�arvester (IH) TIF District Plan and Projects within the City of Canton pursuant to the
Tax Increment Allocation Redevelopment Act(the"Act"),65 ILCS 5/11-74.4-1 et,ceq.and renamed the
TIF District as "CANTON 1 - DOWNTOWN/5TH AVENUE TIF DISTRICT" (the "TIF
District"); and
WHEREAS,on February 6,2012 the City approved the Second Amendment to the Canton
1 - Downtown/5th Avenue TIF District Plan,Area and Projects within the City of Canton pursuant
to the Tax Increment Allocation Redevelopment Act (the "Act"), 65 ILCS 5/11-74.4-1 et.req.
WHEREAS, the term of the said July 20,2010 Professional Services Agreement included the
preparation and filing of the F�'Y2011, FY2012 and f�Y2013 Annual TIf� Reports;and
WHEREAS,the City now desires to extend and renew the July 20,2010 Professional Services
Agreement for an additional three(3)years commencing with the preparauon and filing of the FY2014
Annual TIF Report.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF CANTON THAT:
1) The Amended and Renewed Professional Services Agreement by and between the City of
Canton and Jacob&Klein,Ltd.and The Economic Development Group,Ltd.attached hereto
as ExhlbitAis hereby approved.
Page 2 of 4
2) The Mayor is hereby authorized and directed to enter into and execute on behalf of the City said
Amended and Renewed Professional Services rlgreement and the City Clerk of the Ciry of
Canton is hereby authorized and directed to attest such execution.
3) The Amended and Renewed Professional Services Agreement shall be effective on the date of
its approval.
4) This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
PASSED,APPROVED AND ADOPTED by the Mayor and Ciry Council of the City of Canton this
17`h day of June,2014.
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
Alderman Justin Nelson X
Alderman Lovell X
Alderman West X
Alderman Pickel X
Alderman Jim Nelson X
Alderman Putrich X
Alderman Ellis X
TOTALS: 5 0 1 1
APPROVED:
Hon.Je rey Frit , ayor, City of Canton
AT EST:
1
Ms. iana Pavely ock, ity Cler ,-City of Canton
EXHIBIT A ATTACHED: Amended and Renewed Professional Services Agreement
Puge 3 of 4
EXHIBIT A
AMENDED AND RENEWED
PROFESSIONAL SERVICES AGREEMENT
Page 4 of 4
PROFESSIONAL SERVICES AGREEMENT
for the
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 1 - DOWNTOWN/5TH AVENUE TIF DISTRICT
by and between
JACOB & KLEIN, LTD. AND
THE ECONOMIC DEVELOPMENT GROUP, LTD.
and
THE CITY OF CANTON, ILLINOIS
JUNE 2014
PROFESSIONAL SERVICES AGREEMENT
for the
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 1-DOWNTOWN/5TH AVENUE TIF DISTRICT
by and between
JACOB & KLEIN, LTD.AND
THE ECONOMIC DEVELOPMENT GROUP, LTD.
and
THE CITY OF CANTON, ILLINOIS
THIS AGREEMENT is entered into this 17`h day of June,2014,by and between the CITY OF
CANTON, ILLINOIS ("CITY"); and JACOB & KLEIN, LTD., Bloomington, Illinois ("J&K");
and THE ECONOMIC DEVELOPMENT GROUP, LTD.,Bloomington,Illinois ("EDG").
WHEREAS,on July 20,2010 the City approved a Professional Services Agreement by Ordinance
2007 and engaged the professional services of J&K to render legal advice and EDG to render technical
advice to assist the Ciry in Amending and Annually Administering a Tax Increment Financing (TIF)
Redevelopment Plan,Area and Projects for the Canton International Harvester(IH)TIF District,now
known as the Canton 1 - Downtown/5th Avenue TIF District; and
WHEREAS, on November 22, 2011 the City approved the First Amendment to the Canton
International Haroester(IH) TIF District Plan and Projects within the City of Canton pursuant to the
Tax IncrementAllocation RedevelopmentAct(the"Act"),65 ILCS 5/11-74.4-1 et.req.and renamed the
TIF District as "CANTON 1 - DOWNTOWN/5TH AVENUE TIF DISTRICT" (the "TIF
District");and
WHEREAS, on February 6, 2012 the City approved the Second Amendment to the Canton 1 -
Downtown/Sth Avenue TIF District Plan,Area and Projects within the City of Canton pursuant to the
Tax Increment Allocation Redevelopment Act (the "Act"), 65 ILCS 5/11-74.4-1 et.req.
WHEREAS,the said legal and technical advice provided to the City by J&K and EDG for annual
administrative services included the services provided in FxhiGit2 of the original Professional Services
Agreement and as attached hereto as ExhibitA; and
WHEREAS, the term of the said July 20, 2010 Professional Services Agreement included the
preparation and filing of the FY2011,FY2012 and FI'2013 Annual TIF Reports;and
WHEREAS, the City now desires to extend and renew the July 20, 2010 Professional Services
Canton 1 -Doumtosvtt/Sth Avenue Tax Increment Financzrig(1'IF)Die�trict Page 1 of 5
Prafe.rsional Seruice.r Agreement
Agreement for an additional three(3)years commencing with the preparation and filing of the FY2014
Annual TIF Report.
NOW,THEREFORE, the Parties agree as follows:
A. PRELIMINARY STATEMENTS
1. The parties agree that the matters set forth in the recitals above are true and correct and form
a part of this Agreement.
2. Any terms which are not defined in this Agreement shall have the same meaning as they do in
the Act,unless indicated to the contrary.
B. ANNUAL ADMINISTRATION OF TIF DISTRICT
1. The Parties hereby agree to renew the July 20, 2010 ProEessional Services Agreement by and
between the City of Canton and Jacob & Klein, Ltd. and The Economic Development Group,
Ltd.
2. Pursuant to Sec•tion 3 of the July 20, 2010 Professional Services Agreement, the Parties hereby
amend Section 2.2-2 and Section 2.2-3(C)(ii)o£said Agteement as follows:
a) 2.2-2 Term. The term of the Annual Administrative Services provided in this Agreement
(Exhibit A) shall be for three (3) years (Fiscal Years 2014, 2015 and 2016) and shall
commence with the preparation and filing of the Fiscal Year 2014 Annual TIF Report.
Thereafter, this Agreement shall automatically renew at the end of each three-year period
during the life of the District as a roll-over, for a new period of three years,absent notice of
non-renewal as provided herein. This Agreement as it relates to annual administrative services
may be terminated by written notice of non-renewal from the City to J&K and EDG no later
than one (1) year prior to the end of each contract period. Upon receiving written notice of
non-renewal,J&K and EDG is to provide to the City a final invoice for professional fees and
costs incurred as of the date of the terminauon.
b) 2.2-3(C )(ii): During the course of providing administrative services,J&K and EDG will
enlist the aid of their Staff for additional support services in order to properly perform the
duries and obligations required under this Agreement. The cost to J&K and EDG for said
services shall be charged to the City on a cost-reimbursement basis at customary rates charged
by J&K and EDG. For purposes of this Agreement,Staff Costs do not relate to the time of
J&K Attorneys Thomas N.Jacob, Herb Klein, and Nic Nelson, or time incurred by Steven
Canton 1 -Downtou�n/Sth Avenue Tax Increment Financzng(I7F)Di.rtrict Page 2 of S
Profe.crional Service.r Agreement
Kline (EDG)while performing said professional services described in ExhlbitA. The total
Annual Administrative Costs relating to Staff Costs shall not annually exceed One Thousand
Five Hundred Dollars ($1,500) without consent of the City in advance of such additional
services being performed.
C. PRIOR AGREEMENT TERMS APPLY
The terms of the July 20,2010 ProEessional Services Agreement as it relates to services provided
to the City by J&K and EDG for the Annual Administration of the Canton 1 -Doivntou�n/Sth Aven�e TIF
Di.rtrict shall apply to this Amendment unless specifically modified herein.
IN WITNESS WHEREOF, the City,J&K and EDG have executed this Professional Services
Agreement on the day and year above written.
THE CI'TI'OF CANTON an Illinois JACOB & KLEIN, LTD., an Illinois
Municipal Corporarion: Professional Service Corp.:
2 North Main Street 1701 Clearwater r'�venue
Canton, Illinois 61520 Bloomington, IL 61704
Phone: (309) 647-0065 Phone: (309) 664-7777
Fax: (309) 647-0065 Fax: (309) 664-7878
By: By: �
yor Chairman
Attest: c�C THE ECONOMIC DEVELOPMENT
City Clerk GROUP, LTD., an Illinois Corporation:
1701 Clearwater r,venue
Bloomington, IL 61704
Phone: (309) 664-7777
Fax: (309) 664-7878
By: � �
X �
Preside t
� '����rd�.(�..ip11i�PJ I I7(ll�AlOVA�": ,�iil `,VI�.�. ( ill�'?_<<unrnr.AI �..'_ui�l.< <���.u�l.� irnn�al._( i ��,�il�;)��;��„vnl�ll I"�`w���9.U1�+.�cpd
( 4 .
Canton 1 -Downtoivrt/Sth Avenue Tax Increment Financrng�I7F)Di.,trict Page 3 of S
Profe.r.rional Service.r Agreement
EXHIBIT A
ANNUAL ADMINISTRATION OF CANTON RT. 9 TIF DISTRICT
Services to be provided to the City by J&K and EDG relating to the Annual Administration of
Canton 1- Downtown/5th Avenue TIF District are set forth as follows:
1. Provide the Ciry with on-call legal and consulting services on matters relating to the TIF
District as needed.
2. Consult with and coordinate administrative activities with City's Administrator, City Clerk,
CPA, Mayor and other officials as required.
3. Track and monitor the growth of annual Real Estate and Sales Tax (if appropriate)
Increments within the TIF District.
4. Negotiate terms of TIF Reimbursements and prepare Redevelopment Agreements with
Developers.
5. Consult with Developers regarding TIF Redevelopment Agreements and Reimbursements.
6. Communicate with Developers and the County Supervisor of Assessments to review
improvements,paid tax bills and changes in Equalized Assessed Valuations.
7. Advise City on matters relaring to Developer Reimbursements (e.g.,verify paid property tax
bills and eligible project costs,and advise the municipality to make payments).
8. Provide City with a Requisition/Payment Approval process.
9. Advise City on matters relating to payments to other taxing bodies under Intergovernmental
Agreements.
10. Prepare TIF District Annual Reports for submission to City and other ta�cing districts.
11. Prepare, certify,and submit Annual TIF District Reports to the Office of the Illinois
Comptroller.
12. Provide legal opinion (J&K) on matters relating to Annual Reports to State Comptroller as
Canton 1 -Downtoum/Sth Avenue Tax Incr�ment Financzrtg�I`IF)Die�trict Pa,ye 4 of 5
Profe.r.rional Service.r Agreement
required by the TIF Act.
13. Conduct City's Annual Joint Review Board Meetings with Taxing Bodies as required by the
TIF Act.
14. Work with the School District(s) to determine and analyze potential financial impacts,
evaluate alternative approaches for assisting the school district and prepare necessary
Intergovernmental Agreements.
15. Prepare TIF Increment Projections for City and Reimbursement Estimates for Developers.
16. Analyze the potential use of TIF Revenue Bonds,Developer Notes and other financing
alternatives. Arrange for Bond Counsel when required by City or Developer. All
professional services related to the issuance of Bonds will be additional, subject to separate
agreements and billed at the then applicable rates.
Canton 1 -Downtotvtt/Sth Avenue Tax Increment Finanaztt�g�I7F)Die�trict Page S of S