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HomeMy WebLinkAboutS9-08 Ordinance No. S9-08 AN ORDINANCE AMENDING ORDINANCE NO. S5-02 AUTHORIZING THE ABATEMENT OF TAXES ON PROPERTY WITHIN THE ELGIN ENTERPRISE ZONE WHEREAS, the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") is a home rule unit of government under the Illinois Constitution of 1970, Article VII, Section 6; and WHEREAS, Ordinance No.G70-82,passed on December 22, 1982,and Ordinance No. G71- 89, passed July 26, 1989, designated an enterprise zone (hereinafter referred to as the "Elgin Enterprise Zone")pursuant to the Illinois Enterprise Zone Act(20 ILCS 655/5.1 et seq.;hereinafter referred to as the "Act"), as amended, subject to the approval of the Illinois Department of Commerce and Community Affairs, now the Illinois Department of Commerce and Economic Opportunity and hereinafter referred to as "State"), and subject to the provisions of the Act; and WHEREAS, the State certified the Elgin Enterprise Zone effective on July 1, 1985; and WHEREAS, the City has made subsequent amendments and modifications to the Elgin Enterprise Zone that have subsequently been approved by the State; and WHEREAS,Ordinance No. S5-02,passed on April 10,2002,authorized and directed to the Kane County Clerk to abate ad valorem taxes imposed upon some of the real property located within the Elgin Enterprise Zone upon which new improvements have been constructed or upon which existing improvements have been renovated or rehabilitated, subject to certain exclusions and conditions; and WHEREAS, Ordinance No. S32-04, passed on October 27, 2004, provided for certain amendments to Ordinance No. S5-02 including,but not limited to,excluding certain additional areas within the Elgin Enterprise Zone from the property tax abatement provisions of Ordinance No.S5-02 and from the property tax abatement provisions of the Enterprise Zone Act; and WHEREAS, the City has passed an ordinance to add territory to the Elgin Enterprise Zone pursuant to the Act as Ordinance No. S8-08. WHEREAS,the City has determined that it is necessary to further amend Ordinance No. S5- 02 to exclude the Proposed Expansion Zone area to the Elgin Enterprise Zone pursuant to Ordinance No. S8-08 from the property tax abatement provisions of Ordinance No. S5-02 and from the property tax abatement provisions of the Enterprise Zone Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: r Section 1. That Ordinance No. S5-02 be and is hereby further amended by further amending Subsection b of Section 1 thereof to read as follows: b) such abatement shall be allowed only for industrial, residential or commercial property located within the Elgin Enterprise Zone area, provided, however,that no such abatement shall be applicable to any such improvement project District within the boundaries of the Tax Increment Redevelopment Project Districts as set forth in Ordinance Numbers G73-85;G74-85;S8-86;S9-86;S2-02;S3-02,S4- 02; S26-04; S27-04 or S28-04; or within the boundaries of the Proposed Expansion Zone to the Elgin Enterprise Zone depicted and legally described in Ordinance No. S8-08. Section 2. That this ordinance shall be in full force and effect immediately after its passage, approval, recording and publication in accordance with law, and after the State has approved and certified the application for amendment to the Elgin Enterprise Zone pursuant to Section 5.4 of the Act. Ed Schock, Mayor Presented: June 25, 2008 �� ,... ...f,c9 Passed: June 25, 2008 Vote: Yeas: 7 Nays: 0 ' . Recorded: June 26, 2008 _O ►` n Published: June 27, 2008 4e` Attest: ::'o.-I N COe'" • Diane Robertson, Cit y Qlerk