HomeMy WebLinkAboutORDINANCES-2003-094-O-03•
09/24/2003
94-0-03
AN ORDINANCE
Approving an Amendment to the
Redevelopment Plan and Project for the
Downtown 11 Redevelopment Project
WHEREAS, on January 28, 1985 the Mayor and City Council of the City of
Evanston, in accordance with the provisions of the Tax Increment Allocation
Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (the "Act"), adopted (i) Ordinance
154-0-84 (Adopting Tax Increment Financing) approving the Downtown II Redevelopment
Plan and Project (the "Redevelopment Plan") for the TIF Downtown II Redevelopment
• Project; (ii) Ordinance 153-0-84 (the "Designating the Tax Increment Redevelopment
Project Area" Ordinance) designating the Area as a redevelopment project area pursuant
to the Act; and (iii) Resolution 28-R-82 adopting tax increment allocation financing for the
Area (the "Indicating an Intent to Use Tax Increment Financing for Development of a
Certain Area in Evanston"); the Redevelopment Plan Approving Ordinance, the
Redevelopment Area Designation Ordinance and the TIF Financing Resolution are
collectively referred to in this ordinance as the TIF Ordinances and Resolution; and
WHEREAS, the Redevelopment Plan established dates of completion of the
redevelopment project described in the Redevelopment Plan and of the retirement of
obligations issued to finance redevelopment project costs to be January 27, 2008, which
date is not more than twenty-three (23) years from the date of the adoption of the
• Redevelopment Area Designation Ordinance, and the Corporate Authorities made a finding 9 p d g
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in the Redevelopment Plan Approving Ordinance that such dates were not more than
twenty-three (23) years from the date of the adoption of the Redevelopment Area
Designation Ordinance in accordance with the provisions of Section 11-74.44-3 (n) (3) of
the Act in effect as of January 28, 1985; and
WHEREAS, Public Act 91-478 (the "Amendatory Act"), which became effective
November 1, 1999, amended the Act, among other things, to (i) change the dates set forth
in Section 11-74.4-3 (n) (3) of the Act by which redevelopment projects must be completed
and obligations issued to finance redevelopment project costs must be retired to be not
later than December 31 of the year in which the payment to a municipal treasurer as
provided in Section 11-74.4-8 (b) of the Act is to be made with respect to ad valorem taxes
levied in the twenty-third calendar year after the year in which the ordinance approving a •
redevelopment project area is adopted, and (ii) provide that a municipality may amend an
existing redevelopment plan to conform such redevelopment plan to
Section 11-74.4-3 (n) (3) of the Act, as amended by the Amendatory Act, by an ordinance
adopted without further hearing notice and without complying with the procedures provided
in the Act pertaining to an amendment to or the initial approval of a redevelopment plan
and project and designation of a redevelopment project area; and
WHEREAS, the Corporate Authorities desire to amend the Redevelopment Plan to
conform the Redevelopment Plan to Section 11-74.4-3 (n) (3) of the Act, as amended by
the Amendatory Act, in accordance with the procedures set forth in amended
Section 11-74.4-3 (n) (3);
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: Recitals. The above recitals are incorporated herein and made a part
hereof.
SECTION 2: Approval of Amendment to Redevelopment Plan. The City of
Evanston hereby approves the "Amendment to the Downtown II TIF Redevelopment Plan
and Project", a copy of which is attached hereto as Exhibit A (the "Amendment to
Redevelopment Plan").
SECTION 3: Transmittal to County Clerk. The Corporate Authorities hereby
authorize and direct the TIF City Clerk to send a copy of the ordinance to the Cook County
Clerk in which the redevelopment project area is located in order to inform the Cook
County Clerk about the additional year that the County Clerk shall collect and disburse tax
increment revenues to the City of Evanston.
SECTION 4: Finding. The Corporate Authorities hereby make the finding that the
estimated dates of completion of the redevelopment project described in the
Redevelopment Plan and of the retirement of obligations issued to finance redevelopment
project costs set forth in the Redevelopment Plan, as amended by the Amendment to
Redevelopment Plan, conform to the provisions of Section 11-74.4-3 (n) (3) of the Act, as
amended by the Amendatory Act.
SECTION 5: Invalidity of Any Section; Severability. If any provision of this
ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
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unenforceability of such provision shall not affect any of the remaining provisions of this
ordinance, and to that effect all provisions of this ordinance are deemed severable.
SECTION 6: Superseder. All ordinances (including, without limitation, the TIF
Ordinances), resolutions, motions or orders in conflict with this ordinance are hereby
repealed to the extent of such conflict.
SECTION 7: That this Ordinance shall be in full force and effect from and after its
passage and approval in the manner provided by law.
Introduced:
Adopted
ATTEST:
Corporation Counsel
, 2003
, 2003
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Approved:
2 , 2003
Mayor Pro Tem
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Exhibit A
Completion of Redevelopment Project and Retirement of Obligations to
Finance Redevelopment Costs
This Redevelopment Project and retirement of all obligations to finance redevelopment
costs will be completed within twenty-three (23) calendar years after the adoption of an
ordinance designating the Redevelopment Project Area. The actual date for such completion and
retirement of obligations shall not be later than December 31 of the year in which the payment to
the municipal treasurer pursuant to the Act is to be made with respect to ad valorem taxes levied
in the twenty-third (23) calendar year after the ordinance approving the RPA is adopted.
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