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T15-00 I" CITY OF ELGIN ORDINANCE NO. T15-00 AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING AN INCENTIVE PROGRAM FOR COOK COUNTY RETAIL AUTOMOBILE DEALERSHIPS ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 24TH DAY OF MAY 2000 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 26th day of May 2000. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on May 24, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. T15-00 entitled "Ordinance Amending the Ordinance Establishing an Incentive Program for Cook County Retail Automobile Dealerships", which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. T15-00, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the e` municipal building commencing on May 26, 2000, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on May 26, 2000. Municipal Clerk (SEAL) elk es' Ordinance No. T15-00 AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING AN INCENTIVE PROGRAM FOR COOK COUNTY RETAIL AUTOMOBILE DEALERSHIPS WHEREAS, the City of Elgin is located in Cook and Kane Counties; and WHEREAS, the real estate assessment classification system for Cook County results in a competitive disadvantage for automobile dealers operating in the Cook County section of the City of Elgin with respect to automobile dealers operating in Kane County; and WHEREAS, it is necessary to protect the city' s tax base and promote employment within the City of Elgin to provide economic incentives to automobile dealers operating in that part of the City of Elgin situated in Cook County to continue such operations and invest in capital improvements at such locations; and WHEREAS, the City of Elgin is a home rule unit within the meaning of Article VII of the Constitution of Illinois of 1970; and WHEREAS, the City Council of the City of Elgin previously adopted Ordinance No. T12-96 to provide economic incentives to automobile dealers operating in that part of the City of Elgin situated in Cook County; and WHEREAS, the City Council of the City of Elgin has previously amended Ordinance No. T12-96 through the adoption of Ordinance T1-99, providing therein for certain amendments to the subject incentive program; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to further amend the subject incentive program to specifically limit such program to retail automobile dealerships with a primary emphasis and the majority of its business being in new car sales; and WHEREAS, the program established herein is in furtherance of the promotion of the economic well being of the City of Elgin, a public purpose . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS THAT ORDINANCE NO. T1-99 BE AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS : r Section 1 . Incentive Program. That there is hereby established an economic incentive program to be known as the Cook County Retail Automobile Dealership Incentive Program. follw For the purposes of this ordinance, the term "retail automobile dealership" shall mean any person, partnership, corporation or other entity that has been issued a sales tax identification number by the Illinois Department of Revenue in conjunction with the operation of a retail automobile dealership within the City of Elgin, Cook County, Illinois, and for which the primary emphasis and majority of the business of any such dealership is in new car sales . Section 2 . Sales Tax Rebate Program. Any retail automobile dealership operating in that portion of the City of Elgin located in the County of Cook that makes a minimum capital improvement to property currently owned, including furniture and fixtures, in an amount in excess of two hundred percent (200%) of the average annual amount of local retail sales tax it has paid to the City of Elgin in the three years immediately proceeding the proposed date of the agreement to participate in the Sales Tax Rebate Program, as verified by the Illinois Department of Revenue, shall be eligible to receive a rebate of fifty percent (50%) of the increase in sales tax in excess of the preceding three year month average retail sales tax distributed to the City of Elgin from the sale of automobiles at the participating retail automobile dealership, as verified by the City of Elgin in accordance with section five of this ordinance . This incentive shall be available for a period of seven years from the date of the approval of the corporate authorities of the City of Elgin of a participation agreement between the City of Elgin and an eligible retail automobile dealership. Section 3 . Capital Investment Grant Program. Any retail automobile dealership operating in the Cook County portion of the City of Elgin is eligible to receive an investment grant equal to fifteen percent (15%) of a capital investment in an amount of Fifty Thousand Dollars ($50, 000) or more but not to exceed Two Hundred Thousand ($200 , 000) . Capital improvements qualifying for such grant shall be completed within two years after approval by the corporate authorities of the City of Elgin of an agreement which includes a description of the capital improvements to be made between the City of Elgin and the dealership under this program. Capital improvements for which the City of Elgin has previously issued a certificate of occupancy or for which the City of Elgin has issued any other similar final approval for the construction of the capital improvements are not eligible for participation in the capital investment grant program. At the end of the first full month of the year following commencement of construction, one half of the estimated investment grant shall be paid. The remainder of the grant shall be paid at the earlier of the completion of construction or thirteen months after emk commencement of construction. No retail automobile dealership shall be eligible for a grant more than once in a period of five years . Any grant amounts received shall be repaid if �► capital improvements for which a grant is received are not completed within two years . Section 4 . Business Retention Rebate . Any retail automobile dealership operating in Cook County that agrees in writing to continue such retail operation in the Cook County portion of the City of Elgin for a period of not less than five years is eligible to receive a retail sales tax rebate in the amount of thirty-five percent (35%) of the increase in retail sales tax received by the City of Elgin from the sale of automobiles . Any such rebate shall be repaid with interest if a dealership fails to remain for the five year period. The rebate shall be based on the increase in sales tax over the average retail sales tax distributed to the City of Elgin during the past three years by the participating retail automobile dealership. Section 5 . In order to participate in the Cook County Retail Automobile Dealership Sales Tax Rebate Program, an applicant shall submit copies of Illinois Department of Revenue ( "IDR") form "IDR ST-1" and IDR form "IDR ST-556" that have been issued to the retail automobile dealership for each of the thirty-six (36) consecutive months immediately proceeding the execution of the Retail Automobile Dealership Sales Tax Rebate Program with the City of Elgin. The rik applicant shall also execute a written agreement which shall include the items necessary to comply with the provisions of this ordinance, including but not limited to the following: 1 . The retail automobile dealership ' s agreement that, at any time upon the reasonable request of the City, it will demonstrate evidence of the cost of improvements equivalent to the City' s payments hereunder. 2 . The retail automobile dealership ' s agreement that it will not, during the life of the agreement, protest, contest, or in any other way seek to lower the amount of property tax rate with respect to the property. Nothing herein contained shall prevent the retail automobile dealership from protesting the assessed valuation of the property. 3 . The retail automobile dealership ' s agreement to promptly commence and diligent pursue renovation activities . Once construction has begun, the retail automobile dealership agrees to construct the improvements, both on-site and off-site, in substantial accordance with plans and specifications submitted at the time of application. 4 . The retail automobile dealership ' s agreement that in the event that Automobile Dealer' s motor vehicle dealership ceases to operate at the property at any time during the eft duration of the agreement, the retail automobile dealership agrees to remit to the City monies received from the City pursuant to this agreement . In order to secure the requirement to make repayment, the retail automobile dealership shall post or cause to be posted in favor of the City, a performance bond, letter of credit, or such other instrument acceptable to the City (the "Credit Facility" ) in an amount equal to any amounts paid out . 5 . Within seventy-five (75) days after each annual period, the retail automobile dealership shall provide the City with a statement signed by one of its officers as to the dollar amount of sales tax revenue paid to the State of Illinois for the benefit of the City during the prior annual period. Additionally, the retail automobile dealership shall maintain and have available for inspection by the City copies of any and all sales tax returns, sales tax reports, amendments, proof of payment or any other sales tax information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying sales tax revenue collected pursuant to this agreement for calendar years 1996 through the life of this agreement . Additionally, the City shall use its best efforts to obtain such sales tax information directly from the Illinois Department of Revenue or the State of Illinois. To the extent elk permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in such reports, but shall be permitted to disclose such information and documents to employees and consultants as the City (except for any consultant that has a financial interest in any motor vehicle dealership within the Chicago Metropolitan Area, which consultant shall not be retained) , in its sole discretion deems appropriate in order to monitor compliance and audit this agreement . The retail automobile dealership also agrees, upon the request of the City, to furnish such consents or waivers as may be required by the Illinois Department of Revenue to allow the Illinois Department of Revenue to furnish to the City sales tax information concerning the retail automobile dealership. 6 . No recourse under or upon any obligation, covenant or agreement of this agreement or for any claim based thereon or otherwise in respect thereof shall be had against the City, its officers, agents and employees, in any amount or in excess of any specific sum agreed by the City to be paid to the retail automobile dealership, subject to the terms and conditions herein, and no liability, right or claim at law or in equity shall attach to or shall be incurred by the City, its officers, agents and employees in excess of such amounts, and all rft. and any such rights or claims of the retail automobile dealership against the City, its officers, agents and employees are hereby expressly waived and released as a condition of and as consideration for the execution of this agreement by the City. No recourse under or upon any obligations, covenant or agreement of this agreement or for any claim based thereon or otherwise in respect thereof shall be had against the retail automobile dealership, its officers, agents and employees, in excess of their obligations to the City hereunder, subject to the terms and conditions herein, and no liability, right or claim at law of or in equity shall attached to or shall be incurred by the retail automobile dealership, its officers, agents and employees, in excess of their obligations hereunder. 7 . Such agreement may also include a limitation on the total amount of the rebate the retail automobile dealership may receive from any of the incentives contemplated in this ordinance and may also provide for a minimum period of time for which the retail automobile dealership must continue operating in the portion of the City of Elgin located in Cook County, Illinois . 8 . The City and the retail automobile dealership agree to do all things necessary or appropriate to carry out the terms and provisions of this agreement and to aid and assist each other in carrying out the terms hereof . 9 . This agreement shall be governed by the laws of the County of Kane, the State of Illinois, and the sole and exclusive venue for any disputes arising out of this agreement shall be any state or federal court located within the State of Illinois . A waiver of any part of this agreement shall be limited to that specific event and shall not be a waiver of the entire agreement . Any notices required in this agreement shall be effective when in writing and three (3) days after mailing by certified mail , return receipt requested, or by delivering the same in person or to an officer of such party or by prepaid telegram or private overnight courier, when appropriate, addressed to the party to be notified. Section 6 . The provisions of this ordinance are intended to provide guidelines for considering applications from retail automobile dealerships that are seeking to participate in the Cook County Retail Automobile Dealership Incentive Program. The City Council of the City of Elgin, in its sole and exclusive discretion, shall determine whether to provide any of the incentives contemplated in this ordinance after duly considering the costs incurred by the City of Elgin for providing the incentives and after considering the relative gain derived by the public from those incentives . The City ft Council of the City of Elgin further expressly reserves the right and option to decide at any time whether or not to provide continued or additional funding for this program. The creation or existence of this program shall not be construed to create or provide any vested rights in any person or organization to obtain approval of a program application, a program agreement or any incentive, grant, rebates or funding thereunder. Section 7 . This ordinance shall be in full force and effect from and after its passage and publication in the manner prescribed by law. Ed Schock, Mayor Presented: May 24, 2000 Passed: May 24, 2000 Omnibus Vote : Yeas 4 Nays 0 Recorded: May 25, 2000 Published: May 26 , 2000 Attest : Dolonna Mecum, City Clerk