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HomeMy WebLinkAboutS2-86 ORDINANCE NO. S2-86 ORDINANCE AUTHORIZING THE ILLINOIS DEPARTMENT OF REVENUE TO ALLOCATE TO THE CITY OF ELGIN THE INCREASES SINCE 1984 IN CERTAIN RETAILERS' AND SERVICE OCCUPATION TAXES PAID ON TRANSACTIONS AT PLACES OF BUSINESS LOCATED WITHIN THE SOUTH GROVE REDEVELOPMENT PROJECT AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR THE DISPOSITION OF SUCH TAX PROCEEDS WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article 11 of the Illinois Municipal Code (the "Act" ), the City Council of the City of Elgin, Illinois (the "City") adopted Ordinance No. G73-85 on September 9, 1985 approving a tax increment redevelopment plan and project known as the "South Grove Redevelopment Plan" (the "Redevelopment Plan" ) ; WHEREAS, pursuant to the Act, on September 9, 1985, said City Council further adopted Ordinance No. G74-85 designating the area in the City described in the Redevelopment Plan as the Redevelopment Project Area (the "Redevelopment Project Area" ) and approving tax increment allocation financing with respect to the Redevelopment Plan and the Redevelopment Project Area; WHEREAS, pursuant to the Act, a municipality which has adopted tax increment allocation financing prior to January 1, 1987 mar, by ordinance, authorize the Illinois Department of Revenue to annually certify and pay such municipality an amount equal to the increase in the aggregate amount of taxes paid by retailers and servicemen on transactions at places of business located within a designated redevelopment project area, pursuant to the Municipal Retailers' Occupation Tax Act, the Retailers' Occupation Tax Act and the Service Occupation Tax Act for as long as the redevelopment project area exists over and above the aggregate amount of such taxes as certified by the Illinois Department of Revenue and paid under the above tax Acts by retailers and servicemen on transactions at places of business located in the redevelopment project area during the calendar year immediately prior to the year in which the municipality adopted tax increment allocation financing; and WHEREAS, the Act requires that the payments received by any such municipality shall be deposited into the appropriate special tax allocation fund of the municipality and shall be used only for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS: SECTION 1: The City Council' of the City does hereby authorize the Illinois Department of Revenue, according to rules and regulations established by said Department to annually certify and pay to this City an amount equal to the increase in the aggregate amount of taxes paid by retailers and servicemen on transactions at places of business located within the Redevelopment Project Area (as herein legally described in Exhibit "A" which is attached hereto and made a part of this Ordinance by reference) , pursuant to the Municipal Retailers' Occupation Tax Act, the Retailers' Occupation Tax Act and the Service Occupation Tax Act for as long as the Redevelopment Project Area exists; said amount to be over and above the aggregate amount of said taxes as certified by the Illinois Department of Revenue and paid under the above stated Acts by retailers and servicemen on transactions at places -2- located in the Redevelopment Project Area during the calendar year 1984. SECTION 2: The tax payments authorized under Section 1 of this Ordinance shall be deposited by the Finance Director and City Treasurer of the City in the special fund established by the City and designated as the "South Grove Special Tax Allocation Fund" for use only for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof within the Redevelopment Project Area. SECTION 3: The City Clerk is herby authorized and directed to send notice of this Ordinance and the adoption thereof to the appropriate officials of the Illinois Department of Revenue. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. -3- Adopted this 28th day of 1986 by roll call vote as follows: Ayes: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde and Mayor Verbic. Nays: None Approved: April 28, , 1986 s/ Richard L. Verbic Mayor (SEAL) Attest: City erk CT/trl #13815 4/2/86 -4- EXHIBIT A That part of the Southwest Quarter of Section 13 and the Northwest Quarter of Section 24, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Southwest quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian; thence Southerly along the West line of said Southwest Quarter, a distance of approxi- mately 973 .00 feet to the Northerly right of way line of Prairie Street; thence Easterly along said Northerly right of way line, a distance of approximately 740.00 feet to the Westerly line of H.T. Plummer' s Subdivision; thence South- easterly along said Westerly line and the Westerly line of William F. Sylla' s Resubdivision of J.T. Gifford' s Addition to Elgin, a distance of approximately 660.00 feet; thence Northeasterly at right angles to the last described course, a distance of approximately 40.00 feet to the Northwest corner of the Railroad Addition to Elgin; thence Southeasterly along the Westerly line of said Railroad Addition, a distance of approximately 620.00 feet to the Southwest corner of Lot 10 in said Railroad Addition; thence Northeasterly along the Southerly line of said Lot 10, a distance of approximately 69.80 feet to the Westerly right of way line of Michigan Street; thence Southeasterly along said Westerly right of way line, a distance of approximately 10.00 feet to the Southerly right of way line of Gifford Place; thence North- easterly along said Southerly right of way line, a distance of approximately 295.00 feet to the intersection of said line with the Easterly right of way line of Raymond Street; thence Southeasterly along said Easterly right of way line, a distance of approximately 550.00 feet to the intersection of said line with the Southerly right of way line of National Street; thence Southwesterly along said Southerly right of way line, a distance of approximately 475.00 feet to the Northeast corner of Block 1 of Sherman' s Addition to Elgin; thence Southeasterly along the Easterly line of said Block 1 being a curve to the right, a distance of approximately 846.50 feet; thence Southwesterly parallel with the Northerly line of said Block 1, a distance of approximately 250.00 feet; thence Southeasterly at right angles to the last described course, a distance of approximately 70.00 feet; thence Southwesterly parallel with the Northerly line of said Block 1, a distance of approximately 323.80 feet; thence Northwesterly along a line that forms an angle of 91 degrees, 00 minutes, 00 seconds to the left with the prolong- ation of the last described course, a distance of approximately 915.00 feet to the Southerly right of way line of National Street; thence Southwesterly along said Southerly right of way line, a distance of approximately 150.00 feet to the East bank of the Fox River; thence Northwesterly along said East bank of the Fox River to the West line of the Southwest -5- Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian; thence Northerly along said West line, a distance of approximately 110.00 feet to the place of beginning. All the above being situated in Elgin Township, City of Elgin, Kane County, Illinois. -6- , . CERTIFICATE I, Marie Yearman, City Clerk of the City of Elgin, Illinois, hereby certify that the foregoing ordinance entitled: "Ordinance Authorizing the Illinois Department of Revenue to Allocate to the City of Elgin the Increases since 1984 in Certain Retailers' and Service Occupation Taxes Paid on Transactions at Places of Business located within the South Grove Redevelopment Project Area in the City of Elgin, Illinois and Providing For the Disposition of such Tax Proceeds" is a true copy of an original ordinance which was duly adopted by the recorded affirmative votes of a majority of the members of the City Council of the City at a meeting thereof which was duly called and held at 8:00 p.m. on April 28, , 1986 in the City Council Chambers at the City Hall, and at which a quorum was present and acting throughout, and that said copy has been compared by me with the original ordinance signed by the Mayor, and recorded in the Ordinance Book of the City and that it is a correct transcript thereof and of the whole of said ordinance, and that said ordinance has not been altered, amended, repealed or revoked, but is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this 28thday of April 1986. s/ Marie Yearman City Clerk (SEAL) -7-