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G59-85 Ordinance No. G59-85 AN ORDINANCE ESTABLISHING PROPERTY REHABILITATION PROGRAM FOR THE DUNDEE AVENUE BUSINESS DISTRICT WHEREAS, the City of Elgin has heretofore determined that it is necessary and desirable to encourage the revitalization of the Dundee Avenue Business District; and WHEREAS, there are structures which are blighted and deteriorated located in the Dundee Avenue Business District which tend to contribute to the deterioration of the area; and WHEREAS, in order to revitalize the Dundee Avenue Business District, it is appro- priate to encourage the rehabilitation of blighted and deteriorated structures in the area by means of grants of funds for rehabilitation of such structures; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Consti- tution of the State of Illinois and is authorized to exercise any power and perform any function relative to its government affairs; and WHEREAS, it is within the government affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the revitalization of the Elgin Dundee Avenue Business District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. Establishment. That there is hereby established the Dundee Avenue Property Rehabilitation Program. Section 2. Purpose. The program provides loans at an effectively reduced interest rate through the principal reduction technique. Such loans are available for property improvement and building exterior rehabilitation. The basic aim of the program is to bridge the financial gap for Dundee Avenue businesses that require improvement loans leveraged to a slightly higher degree than standard underwriting practices allow. This approach simultaneously precludes direct competition with private lenders while providing an effective inducement for reinvestment. Section 3. Eligibility. Eligibility is determined on both functional and geo- graphical bases. Functionally, program participation is extended to new businesses and expanding existing businesses meeting loan review criteria. Rehabilitation assistance requires control of the property through a long term lease (15 years or more) or owner- ship. Additionally, the applicant must be an owner-operator of a business or be an absentee owner presently entered into a lease agreement with a business enterprise meeting the program loan review criteria. Geographically, the program target area is the Dundee Avenue Business District corridor as illustrated on the attached map and described as follows: Commencing at Kimball Street and continuing north including the following lots: Lots 4-9 Block 3 P.J. Kimball Jr.'s 2nd Addition Lots 1-3 Block 3 H. Rosencran's Subdivision Easterly 140' of Lot 2 Block 4 P.J. Kimball Jr.'s 3rd Addition Lots 7 and 10 Block 4 P.J. Kimball Sr.'s Addition Lots 1 and 2 Block 4 Welch's Heirs Subdivision Easterly 80 feet Block 4 Sear's Subdivision Lots 3 and 4 Block 14 P.J. Kimball Jr.'s 3rd Addition Lots 1-4 Block 14 H. Wilcox's 2nd Addition Lots 5 and 6 Block 14 Brown's Subdivision Lots 1-10 Block 14 Jos. Pabst's Subdivision Lots 1-4 Block 14 Babbitt's Subdivision Lot I Block 26 P.J. Kimball Jr.'s 3rd Addition Lot 1 Block 26 Magden's Addition Lots 220-222'h Block 26 County Clerk's Subdivision Lots 2-9 Block 26 Knott Heir's Subdivision Lots 1, 2, 21-24 Block 26 I.S. Bartlett's Addition Lots 1 and 9 Block I Prospect Addition Lots 1-3 Block 2 Prospect Addition Part Lot 218 Block 2 County Clerk's Subdivision Westerly 100 feet of Lot 6 Block 2 County Clerk's Subdivision Westerly 100 feet of Lot 7 Block 9 McBride Heir's 2nd Addition Westerly 138 feet of Lots 4-6 Block 4 McBride Heir's 2nd Addition Lots I, 3, 5, 6, 7 Block 1 Lincoln's Addition AI Lots 1-4 Block 3 McBride Heir's 2nd Addition Lots 1, 4, 5, 8, 9 Block 9 Grandview Addition Block I Illinois Watch Case Co's. Block 2 Industrial Addition Lot 11 Block 17 McBride Heir's 2nd Addition Lot 11 Block 2 R.B. Maules Subdivision Lots 6-11 Block 2 Fair Lawn Subdivision Lots I, 4, 5, 8, 9, 10 and Easterly 110 feet of Lot 7 Block I Grandview Addition Block 12 Ludlow's Addition Lots 11 and 12 Block 13 Ludlow's Addition Block I I Ludlow's Addition Lots 11 and 12 Block 10 Ludlow's Addition Lots 3-10 and the Easterly 100 feet of Lots I, 2 and 11 Block I Botsford's Addition Block 6 Ludlow's Addition Lots 10-13 Block 7 Ludlow's Addition Lots I-5 Block 14 Riverside Park Addition Block 5 Ludlow's Addition Lots 12-22 Block 2 Ludlow's Addition Lots 1-6 Block I Riverside Park Addition Block 2 Geo. M. Ludlow's Addition Lots 12 and 13 Block 3 Cedarside Addition Lots 41-50 Block 3 Oak Hills Lots 10, 11-15 Block 2 Cedarside Addition Lots I and 2 Block 5 Trout Park Subdivision 41111/ Lots 11-14 Block 2 Trout Park River Bluff Addition Lots 1-4 Block 2 Trout Park Subdivision Lots 12-14 Block I Trout Park River Bluff Addition Lots I and 2 Block I Trout Park Subdivision Section 4. Definitions. "Financial Institution" shall be defined as any one of the firms listed below: Elgin Federal Savings & Loan First Federal Financial Center Home Federal Savings & Loan Elgin National Bank Elgin State Bank The First National Bank of Elgin Larkin Bank Union National Bank & Trust Company Valley Bank & Trust Company "Servicing Lender" is defined as any officer of any of the financial institu- tions as herein defined presenting a proposed loan package to the Loan Review 411) Committee for their consideration. "Loan Review Committee" for the Dundee Avenue Business District Loan Program shall be composed of those individuals serving as the Elgin Central Business District Economic Development Loan Review Committee. Section 5. Loan Review Criteria. In order to assure adequate public benefit and continuity of the Dundee Avenue revitalization effort (DARE), some criteria for business participation in the program are required. The following criteria are applied: (a) Would the approval of the loan subsidy result in a viable new business locating in the Dundee Avenue corridor, or in the expansion or retention of an existing business? (b) Would the type of property improvements proposed enhance the aesthetics of the corridor? (c) Would approval of a loan subsidy locate or reinforce a marginal investment in the path of potential large-scale redevelopment opportunities (sites) in the corridor. (d) Is there a reasonable expectation that the loan subsidy will be repaid? Section 6. Duties of Loan Review Committee. The duties of the Loan Review Committee shall be as follows: (a) To determine the eligibility of program loan proposals. (b) To review and analyze eligible loan proposals. (c) To determine the consistency of loan proposals with generally accepted loan underwriting standards. (d) To determine the consistency of loan proposals with the objectives of the adopted comprehensive plan. (e) To structure and approve program loan packages incorporating appropriate loan security documents including but not limited to loan security agreements and uniform commercial code - financing statements. Section 7. Program Operation. Once the prospective client contacts the agent the financial institution functions in much its standard form. The servicing lender executes a preliminary and, if warranted, a detailed credit judgment. Based upon this credit judgment the lender may bring the loan package and the attached Loan Review Analysis before the Loan Review Committee (LRC) with an explanation of and a recom- mendation for an effective rate reduction. A list of Loan Review Committee members is attached. The LRC makes a determination based upon loan review criteria and estab- lishes the effective interest rate. rbk The effective reduction of the interest rate is accomplished through the principal reduction technique. This process provides a lump sum of public funds to reduce the overall amount of money required to an affordable level. The remainder of the loan is repaid at market rates over a negotiated term. Following, or concurrent with, the initial repayment term, the lump sum principal reduction amount is repaid to the City over a negotiated term at no interest. The potential of a deferred payment term provides for a further effective subsidy yet still allows the recapture of public funds. The public cost is reflected in the loss of alternative uses of the funds and the loss of buying power due to inflation. The servicing lender must accept total risk for the initial loan and may accept or reject any application in accordance with usual underwriting standards. It must also accept all responsibility for processing and servicing the loan. Servicing lenders will also be responsible for providing appropriate loan security instruments to the City on behalf of the client. These can include but may not be limited to the following: first or second mortgages, liens on fixed equipment, loan security agreements and uniform commercial code - financing statements. Section 8. Eligible Costs. Other than facade improvements eligible rehabilitation items would be code compliance related as listed below: Architectural and Engineering Services. Chimney and Flues: Repair and/or replace where necessary. Foundations: Repair or reconstruction. I Guards and Screens: Installation and repair of guards and screens to protect against rodents and insects. Landscaping: On private property or public tree bank. Loading Docks and Areas: Installation and repair where needed. Painting-Exterior: Contractual or materials. Parking Lots: Improvements necessary to achieve code compliance. Roof and Drainage Pipes: Repair of structural defects and replacement of roof and drainage pipes. Shutters and Awnings: Repair, replacement, or addition of exterior shutters and awnings. Signs: Removal or repair as required. Stairs, Porches, Railings, Exits: Repair and replacement or installation of exterior stairs, porches, railings, and exit facilities. Windows and Frames: Repair ore replacement as required. Section 9. Source of Grants. Grants shall be made from such funds on hand as are appropriated for such purposes by the City Council of the City of Elgin. Section 10. This ordinance shall be in full force and effect from and after its passage in the manner provided by law. q/ Richard T,_ Verbic Richard L. Verbic, Mayor Presented: August 12, 1985 Passed: August 12 , 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk f Commencing at Kimball Street and continuing north including the following lots: Lots 4-9 Block 3 P.J. Kimball Jr.'s 2nd Addition Lots 1-3 Block 3 H. Rosencran's Subdivision Easterly 140' of Lot 2 Block 4 P.J. Kimball Jr.'s 3rd Addition Lots 7 and 10 Block 4 P.J. Kimball Sr.'s Addition Lots I and 2 Block 4 Welch's Heirs Subdivision Easterly 80 feet Block 4 Sear's Subdivision Lots 3 and 4 Block 14 P.J. Kimball Jr.'s 3rd Addition Lots 1-4 Block 14 H. Wilcox's 2nd Addition Lots 5 and 6 Block 14 Brown's Subdivision Lots I-IC Block 14 Jos. Pabst's Subdivision Lots 1-4 Block 14 Babbitt's Subdivision Lot I Block 26 P.J. Kimball Jr.'s 3rd Addition Lot I Block 26 Magden's Addition Lots 220-222V2 Block 26 County Clerk's Subdivision Lots 2-9 Block 26 Knott Heir's Subdivision Lots 1, 2, 21-24 Block 26 I.S. Bartlett's Addition Lots I and 9 Block I Prospect Addition Lots 1-3 Block 2 Prospect Addition Part Lot 218 Block 2 County Clerk's Subdivision Westerly 100 feet of Lot 6 Block 2 County Clerk's Subdivision Westerly 100 feet of Lot 7 Block 9 McBride Heir's 2nd Addition Westerly 138 feet of Lots 4-6 Block 4 McBride Heir's 2nd Addition Lots I, 3, 5, 6, 7 Block I Lincoln's Addition Lots 1-4 Block 3 McBride Heir's 2nd Addition Lots 1, 4, 5, 8, 9 Block 9 Grandview Addition Block I Illinois Watch Case Co's. Block 2 Industrial Addition Lot 11 Block 17 McBride Heir's 2nd Addition Lot 11 Block 2 R.B. Maules Subdivision Lots 6-11 Block 2 Fair Lawn Subdivision Lots 1, 4, 5, 8, 9, 10 and Easterly 110 feet of Lot 7 Block I Grandview Addition Block 12 Ludlow's Addition Lots 11 and 12 Block 13 Ludlow's Addition Block 11 Ludlow's Addition Lots 11 and 12 Block 10 Ludlow's Addition Lots 3-10 and the Easterly 100 feet of Lots I, 2 and 11 Block 1 Botsford's Addition Block 6 Ludlow's Addition Lots 10-13 Block 7 Ludlow's Addition Lots 1-5 Block 14 Riverside Park Addition Block 5 Ludlow's Addition Lots 12-22 Block 2 Ludlow's Addition Lots 1-6 Block I Riverside Park Addition Block 2 Geo. M. Ludlow's Addition Lots 12 and 13 Block 3 Cedarside Addition Lots 41-50 Block 3 Oak Hills Lots 10, I 1-15 Block 2 Cedarside Addition Lots I and 2 Block 5 Trout Park Subdivision Lots 11-14 Block 2 Trout Park River Bluff Addition Lots 1-4 Block 2 Trout Park Subdivision Lots 12-14 Block I Trout Park River Bluff Addition Lots I and 2 Block I Trout Park Subdivision Section 4. Definitions. "Financial Institution" shall be defined as any one of the firms listed below: Elgin Federal Savings & Loan First Federal Financial Center Home Federal Savings & Loan Elgin National Bank Elgin State Bank The First National Bank of Elgin Larkin Bank Union National Bank & Trust Company Valley Bank & Trust Company "Servicing Lender" is defined as any officer of any of the financial institu- tions as herein defined presenting a proposed loan package to the Loan Review Committee for their consideration. "Loan Review Committee" for the Dundee Avenue Business District Loan Program shall be composed of those individuals serving as the Elgin Central Business District Economic Development Loan Review Committee. Section 5. Loan Review Criteria. In order to assure adequate public benefit and continuity of the Dundee Avenue revitalization effort (DARE), some criteria for business participation in the program are required. The following criteria are applied: (a) Would the approval of the loan subsidy result in a viable new business locating in the Dundee Avenue corridor, or in the expansion or retention of an existing business? (b) Would the type of property improvements proposed enhance the aesthetics of the corridor? (c) Would approval of a loan subsidy locate or reinforce a marginal investment in the path of potential large-scale redevelopment opportunities (sites) in the corridor. (d) Is there a reasonable expectation that the loan subsidy will be repaid? r Section 6. Duties of Loan Review Committee. The duties of the Loan Review Committee shall be as follows: (a) To determine the eligibility of program loan proposals. (b) To review and analyze eligible loan proposals. (c) To determine the consistency of loan proposals with generally accepted loan underwriting standards. (d) To determine the consistency of loan proposals with the objectives of the adopted comprehensive plan. (e) To structure and approve program loan packages incorporating appropriate loan security documents including but not limited to loan security agreements and uniform commercial code - financing statements. Section 7. Program Operation. Once the prospective client contacts the agent the financial institution functions in much its standard form. The servicing lender executes a preliminary and, if warranted, a detailed credit judgment. Based upon this credit judgment the lender may bring the loan package and the attached Loan Review Analysis before the Loan Review Committee (LRC) with an explanation of and a recom- mendation for an effective rate reduction. A list of Loan Review Committee members is attached. The LRC makes a determination based upon loan review criteria and estab- lishes/r► the effective interest rate. The effective reduction of the interest rate is accomplished through the principal reduction technique. This process provides a lump sum of public funds to reduce the overall amount of money required to an affordable level. The remainder of the loan is repaid at market rates over a negotiated term. Following, or concurrent with, the initial repayment term, the lump sum principal reduction amount is repaid to the City over a negotiated term at no interest. The potential of a deferred payment term provides for a further effective subsidy yet still allows the recapture of public funds. The public cost is reflected in the loss of alternative uses of the funds and the loss of buying power due to inflation. The servicing lender must accept total risk for the initial loan and may accept or reject any application in accordance with usual underwriting standards. It must also accept all responsibility for processing and servicing the loan. Servicing lenders will also be responsible for providing appropriate loan security instruments to the City on behalf of the client. These can include but may not be limited to the following: first or second mortgages, liens on fixed equipment, loan security agreements and uniform commercial code - financing statements. Section 8. Eligible Costs. Other than facade improvements eligible rehabilitation items would be code compliance related as listed below: Architectural and Engineering Services. Chimney and Flues: Repair and/or replace where necessary. Foundations: Repair or reconstruction. Guards and Screens: Installation and repair of guards and screens to protect against rodents and insects. Landscaping: On private property or public tree bank. Loading Docks and Areas: Installation and repair where needed. Painting-Exterior: Contractual or materials. Parking Lots: Improvements necessary to achieve code compliance. Roof and Drainage Pipes: Repair of structural defects and replacement of roof and drainage pipes. Shutters and Awnings: Repair, replacement, or addition of exterior shutters and awnings. Signs: Removal or repair as required. Stairs, Porches, Railings, Exits: Repair and replacement or installation of exterior stairs, porches, railings, and exit facilities. Windows and Frames: Repair ore replacement as required. Section 9. Source of Grants. Grants shall be made from such funds on hand as are appropriated for such purposes by the City Council of the City of Elgin. Section 10. This ordinance shall be in full force and effect from and after its passage in the manner provided by law. Richard L. 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