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HomeMy WebLinkAboutS7-86 VOLUME LI 774 ORDINANCE NO. S7-86 ORDINANCE AUTHORIZING THE ALLOCATION OF THE INCREASE IN THE AGGREGATE AMOUNT OF TAXES PAID BY RETAILERS AND SERVICEMEN PURSUANT TO THE MUNICIPAL RETAILERS ' OCCUPA- TION TAX ACT, THE MUNICIPAL SERVICE OCCUPATION TAX ACT, THE RETAILERS ' OCCUPATION TAX ACT, THE USE TAX ACT, THE SERVICE USE TAX ACT AND THE SERVICE OCCUPATION TAX ACT ON BUSINESS TRANSACTIONS LOCATED WITHIN A REDEVELOPMENT PROJECT AREA IN THE CITY OF ELGIN, ILLINOIS; AND REPEALING ORDINANCE NO. S-2-86; 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 "Original Act" ) , the City Council of the City of- Elgin, Illinois ( the "City" ) adopted Ordinance No. G73-85 on September 9 , 1986 approv- ing a tax increment redevelopment plan and project known as the "South Grove Redevelopment Plan, June, 1985" ( the "Redevelopment Plan" ) ; and WHEREAS, pursuant to the Original Act , on September 9 , 1986 , said City Council 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 Section 11-74 . 4-8a of the Original Act, on April 28 , 1986 , said City Council adopted Ordinance No . S- 2-86 authorizing the Illinois Department of Revenue to allocate to the City certain retailers ' and service occupation taxes paid on transactions at places of business located within the Redevelopment Project Area and providing for the disposition of such tax proceeds ; and 775 VOLUME LI _ WHEREAS, the Original Act was amended by Public Act 84- 1417, which amendment was enacted into law and made effective as of September 21, 1986 , which amendment, in relevant part amends Section 11-74 . 4-8a of the Original Act so that the Original Act as so amended ( the "Act) provides that a municipality which has adopted tax increment allocation financing prior to January 1, 1987 , may, by ordinance, authorize the Illinois Department of Revenue to annually certify and cause to be paid to ‘such munici- pality 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 Municipal Service Occupation Tax Act, the Retailers ' Occupation Tax Act, the Use Tax Act, the Service Use 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 paid under those Acts by retailers and servicemen on transactions at places of business located in the redevelopment project area during the base year which 'is the calendar year immediately prior to the year in which the municipality adopted tax increment allocation financing, less 1 . 6% of such amounts generated under the Retail- ers ' Occupation Tax Act , Use Tax Act and Service Use Tax Act and the Service Occupation Tax Act , which sum shall be retained by the State Treasurer to cover the costs incurred by the Depart- ment in administering and enforcing the provisions of Section 11- 74 . 4- of the Act ; and -2- VOLUME LI 776 WHEREAS, Ordinance No. G74-85 provides that all incremental property tax revenues generated in the Redevelopmer` Project Area shall be deposited in the "South Grove Special Ta; ' Allocation Fund" for the City for the purpose of paying Redevelopment Project Costs and obligations incurred in the payment thereof; and WHEREAS, it is the determination of the City Council of the City of Elgin, Illinois to allocate such increase in taxes under the Municipal Retailers ' Occupation Tax Act , the Municipal Service Occupation Tax Act , the Retailers ' Occupation Tax Act , the Use Act, the Service Use Act and the Service Occupation Tax Act over and above the amount of such taxes paid during calendar year 1984 within the Redevelopment Project Area to the special tax allocation fund of the City for use in payment of Redevelop- ment Project Costs related to the Redevelopment of the Rede- velopment Project Area and obligations incurred for the payment thereof; and WHEREAS , the City currently imposes the maximum tax imposed by law under the Municipal Retailers Occupation Tax Act , . the Municipal Use Tax Act and the Municipal Service Occupation Tax Act , as is required by Section 11-74 . 4-8a in order for the City to receive the allocations described above pursuant to said Section 11-74 . 4-8a ; WHEREAS, it is now necessary for the City to repeal Ordinance No . S-2-86 and replace it in order to comply with the Act ; -3- 777 VOLUME LI NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, AS FOLLOWS: Section 1 . Pursuant to Section 11-74 . 4-8a of the Act, this City Council hereby authorizes the Illinois Department of Revenue to annually certify and pay to the City an amount equal to the increase in the aggregate amount of taxes paid by retail- ers and servicemen on transactions at places of business located within the Redevelopment Project Area (as described in Attachment "A" which is attached hereto and made a part of this Ordinance by reference) , pursuant to the Municipal Retailers ' Occupation Tax Act, the Municipal Service Occupation Tax Act, the Retailers Occupation Tax Act, the Use Tax Act, the Service Use 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 aggre- gate amount of said taxes as certified by the Illinois Department of Revenue and paid under these Acts by retailers and servicemen on transactions at places of business located with the Redevelop- ment Project Area during the calendar year 1984 , less those amount previously described to be retained by the State Treasurer pursuant to said Section 11-74 . 4-8a. Section 2 . The tax payments authorized under Section 1 of this Ordinance shall be deposited by the City Treasurer of the City of Elgin in the "South Grove Special Tax Allocation Fund" for the City of Elgin for the purpose of paying Redevelopment Project Costs related to the redevelopment of the Redevelopment Project Area and obligations incurred for the payment thereof . -4- VOLUME LI 778 Section 3 . The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the appropriate officials of the Illinois Department of Revenue and the Illinois Department of Commerce and Community Affairs within thirty days after the effective date of this Ordinance. The City Clerk is hereby authorized and directed to furnish the Illinois Department of Revenue and the Illinois Department of Commerce and Community Affairs all information required by Section 11-74 . 4-8a of the Act, as well as such other information reasonably available to the City as shall be requested by the Illinois Department of Revenue in relation to the performance of its duties under said Section. Section 4 . This Ordinance shall be in full force and effect upon its passage by the City Council of the City of Elgin, Illinois . Section 5 . Ordinance No. S-2-86 adopted by this City Council on April 28 , 1986 is repealed in its entirety. All other ordinances or resolutions in conflict herewith are hereby repealed insofar as such conflict exists . Section 6 . The City Clerk be and is hereby directed to publish this Ordinance in pamphlet form. -5- • 779 VOLUME LI ATTACHMENT A Legal Description of REDEVELOPMENT PROJECT AREA 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 approximately 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 Southeasterly 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 aproximately 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 aproximately 10 . 00 feet to the Southerly right of way line of Gifford Place, thence Northeasterly along said Southerly right of way line, a distance of approximately 295 . 00 feet to the inter- section 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 inter- section 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 prolongation 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 Quarter of -6- VOLUME LI 780 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 . -7- 781 VOLUME LI Adopted and approved this 10th day of December , 1986 by roll call vote, as follows: Ayes : Councilmen Andersen, Gilliam, Moylan, Van De Voorde, Waters and Mayor Verbic . Nays : None Absent : Councilwoman Shales Approved: s/ Richard L . Verbic Mayor Attest : ( SEAL) s/ Marie Yearma City Clerk Published in pamphlet form this _ day of December , 1986 . City Clerk -8- VOLUME LI CERTIFICATE 782 I , Marie Yearman, City Clerk of the City of Elgin, Illinois ( the "City" ) hereby certify that foregoing ordinance :1 a true copy of the Ordinance entitled "An Ordinance Authorizin: the Allocation of the Increase in the Aggregate Amount of Taxes Paid by Retailers and Servicemen Pursuant to the Municipal Retailers ' Occupation Tax Act, the Municipal Service Occupation Tax Act, the Retailers Occupation Tax Act, the Use Tax Act, the Service Use Tax Act and the Service Occupation Tax Act on Business Transactions Located Within a Redevelopment Project Area in the City of Elgin, Illinois ; and Repealing Ordinance No. S-2- 86" which was duly adopted by the recorded affirmative votes of a majority of the City Council of the City at a meeting thereof which was duly called and held at 8 : 00 P.M. on December 10 , 1986, 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 published in pamphlet form 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 15th day of December , 1986 . s/ Marie Year n City Clerk ( SEAL) 13815af 12/8/86 CT/trl -9-