HomeMy WebLinkAbout025-R-22 Authorizing the Interim City Manager to Execute an Intergovernmental Agreement between the COE, the Board of Education of Evanston Township High School District No. 202 and the Board of Education of Evanston/Skokie School District No. 653/28/2022
25-R-22
A RESOLUTION
Authorizing the Interim City Manager to Execute an Intergovernmental
Agreement between the City of Evanston, the Board of Education of
Evanston Township High School District No. 202 and the Board of
Education of Evanston/Skokie School District No. 65
WHEREAS, the City of Evanston ("City"), located in Cook County, Illinois,
is a home rule unit of government under the provisions of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the ability to enter into agreements; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970, the
Intergovernmental Cooperation Act (5 ILCS 22/1 et seq.) and Sections 1-4-6 and 11-1-
2.1 of the Illinois Municipal Code (65 ILCS 5/11-1-2.1), authorize and encourage
intergovernmental cooperation among enforcement agencies to provide police
protection; and
WHEREAS, the City, to further such investment, development, and
redevelopment, approved and created a tax increment redevelopment plan and project,
designated the tax increment redevelopment project area, and adopted tax increment
financing relative to the City's Five -Fifths Redevelopment Project Area (the "TIF
District"), which includes approximately two hundred eighty-four (284) tax parcels
located to the east and west of Green Bay Road, to Ridge Avenue to the east, to
Darrow Avenue to the west, and to Leonard Place to the north and Emerson Street to
the south legally described and depicted in Exhibit A attached hereto and made a part
hereof, in accordance with the TIF Act. The City has further initiated tax increment
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financing projects in the TIF District under the TIF Act within the School Districts'
boundaries.; and
WHEREAS, the City and the School Districts recognize the need for
cooperation to enter into all contracts with property owners, developers, tenants,
overlapping taxing bodies, and others necessary or incidental to the implementation and
furtherance of the TIF District; and
WHEREAS, the City and School Districts have identified one development
in the TIF District that is appropriate for revenue sharing among the parties, which is
located at 1815 Ridge Avenue, Evanston, Illinois, legally described and depicted in
Exhibit B to the Intergovernmental Agreement attached to this Resolution (the "Subject
Property") and known as the Trulee Property; and
WHEREAS, the parties have agreed to utilize the provisions of the TIF
Act, which allow certain payments to be made to school districts. Specifically, pursuant
to current Sections 4-3 (q)10 of the Illinois TIF Act, a municipality may make payments
to affected taxing districts for vocational education, 65 ILCS 5/11-74.4-3(q)10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: That the Interim City Manager is hereby authorized and
directed to sign, and the City Clerk is hereby directed to attest on behalf of the City, the
IGA with District 65, attached hereto as Exhibit 1 and incorporated herein by reference.
CPA
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SECTION 3: The Interim City Manager is hereby authorized and directed
to negotiate any additional conditions of the Agreement that she deems to be in the best
interest of the City.
SECTION 4: This Resolution shall be in full force and effect from and
after the date of its passage and approval in the manner provided by law.
Isajudo lBc,ss
Daniel Biss, Mayor
Attest: Approved as to form:
Stephanie Mendoza, Deputy City Clerk
Adopted: March 28
12022
Nicholas E. Cummings, Corporation
Counsel
-3-
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EXHIBIT 1
Intergovernmental Agreement Between the City of Evanston, the
Board of Education of Evanston Township High School District No. 202
and the Board of Education of Evanston/Skokie School District No. 65
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement is entered into by and between the
City of Evanston, an Illinois Municipal Corporation, the Board of Education of
Evanston Township High School District No. 202, Cook County, Illinois, and the
Board of Education of Evanston/Skokie School District No. 65, Cook County,
Illinois, both Illinois School Districts, pursuant to the 1970 Illinois Constitution
and Illinois Compiled Statutes.
In consideration of the statements and findings hereinafter set forth, the
mutual covenants herein contained, and other good and valuable consideration
the sufficiency of which is hereby acknowledged, the Parties hereto find and
agree as follows:
SECTION 1: STATUS OF THE PARTIES AND BACKGROUND:
1. The City of Evanston (hereinafter the "City") is an Illinois
Municipal Corporation organized under the Constitution and Statutes of the
State of Illinois.
2. Evanston Township High School District No. 202, Cook County,
Illinois, and Evanston/Skokie School District No.65, Cook County, Illinois
(hereinafter collectively the "School Districts"), are Illinois School Districts
organized under the Statutes of the State of Illinois.
3. The City and the School Districts are public agencies within the
meaning of such term in the Illinois Intergovernmental Cooperation Act (5 ILCS
220/1 et seq.).
4. The 1970 Illinois Constitution, Article VII, Section 10, and the
Illinois Compiled Statutes, Ch. 5, Section 220/ I, et seq., provide legal authority for
intergovernmental privileges and authority to be enjoyed jointly by School
Districts and municipalities as well as other public bodies politic and fosters
cooperation among local units of governments.
5. The City is pursuing and intends to further pursue, private and
public investment, development, and redevelopment of properties within the
boundaries of the City.
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6. The Tax Increment Allocation Redevelopment Act ("TIF Act"),
Illinois Compiled Statutes, as amended, Ch. 65, Section 5/11-74.4-1, et seq.,
authorizes a municipality to enter into all contracts necessary or incidental to the
implementation and furtherance of its redevelopment plan and project.
7. The City, to further such investment, development, and
redevelopment, approved and created a tax increment redevelopment plan and
project, designated the tax increment redevelopment project area, and adopted
tax increment financing relative to the City's Five -Fifths Redevelopment Project
Area (the "TIF District"), which includes approximately two hundred eighty-four
(284) tax parcels located to the east and west of Green Bay Road, to Ridge
Avenue to the east, to Darrow Avenue to the west, and to Leonard Place to the
north and Emerson Street to the south legally described and depicted in Exhibit
A attached hereto and made a part hereof, in accordance with the TIF Act. The
City has further initiated tax increment financing projects in the TIF District
under the TIF Act within the School Districts' boundaries.
8. The City and the School Districts recognize the need for
cooperation to enter into all contracts with property owners, developers, tenants,
overlapping taxing bodies, and others necessary or incidental to the
implementation and furtherance of the TIF District.
9. The parties have identified one development in the TIF District that
is appropriate for revenue sharing among the parties, which is located at 1815
Ridge Avenue, Evanston, Illinois, legally described and depicted in Exhibit B to this
Agreement (the "Subject Property") and known as the Trulee Property.
10. The parties have agreed to utilize the provisions of the TIF Act,
which allow certain payments to be made to school districts. Specifically,
pursuant to current Sections 4-3 (q)10 of the Illinois TIF Act, a municipality may
make payments to affected taxing districts for vocational education,
65 ILCS 5/11-74.4-3(q)10.
11. The Parties declare that this Agreement is adopted pursuant to the
1970 Illinois Constitution, Article VII, Section 10; Illinois Compiled Statutes, Ch. 5
Section 220/ 1, et seq., the TIF Act, and other applicable statutes.
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SECTION 2: PAYMENTS:
1. The City agrees to set aside annually, commencing with the 2022 tax
year (payable in 2023), and pay to each School District a sum equal to
the following formula ("School District Annual Payment"):
The equalized current assessed valuation of the Subject
Property (CEAV) minus the frozen equalized assessed
valuation (FEAV) multiplied by the aggregate tax rate
extended by the Cook County Clerk on behalf of each School
District (SD Tax Rate) and take the product of that equation
and multiply it by eighty percent (80%).
((CEAV - FEAV) X (SD Tax Rate)) X .80
For illustrative purposes only, if the CEAV is $5,000,000 and
the FEAV is $1,000,000, and using the School Districts 2020
rates (which rate the Cook County Clerk establishes and
changes every year and, notwithstanding this illustrative
example, the City will use the latest rate when actually
making the calculation); the School District Annual
Payments for that year would be:
SD 65: ($5,000,000 - $1,000,000) X .03258 X .80 = $104,256
SD 202: ($5,000,000 - $1,000,000) X .02072 X .80 = $66,304
2. The City shall pay, from the Five -Fifths TIF Fund, each School District
the School District Annual Payment in two separate payments: the first
within 60 days after the first installment of real estate taxes are due to
be paid on the Subject Property; and the second within 60 days after
the second installment of real estate taxes are due on the Subject
Property. If the real estate taxes for the Subject Property are not paid in
a timely manner, or the taxes have not been deposited into the Five -
Fifths TIF Fund, the City shall make the required payments within 30
days after receiving any portion of the real estate taxes from the subject
property including 80% of any penalties the City receives related to
such late payment.
3. The City's final School District Annual Payment shall be made in
accordance with the Section above in the year when real estate taxes
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are due to be paid for the last year of the TIF District. For example, if
the TIF District terminates in 2045 the City's final payment of the
School District Annual Payment shall be made in 2046.
SECTION 3: SCHOOL DISTRICTS USE OF SCHOOL DISTRICT PAYMENT:
1. The School Districts may use the School District Payments for capital and
vocational education purposes, pursuant to current Sections 4-3(q)(7) and
(10) of the TIF Act.
2. For purposes of this Agreement, the term "capital costs" shall include
costs of all real property, and all personal property having a value in
excess of $300 and, having a useful life of six (6) months including, but
not limited to:
(i) Acquisition of land to serve the immediate or future needs of
children from the development;
(ii) Improvement to any existing school site which already serves
such needs;
(iii) Development of classrooms, parking lots, sidewalks, traffic
signals, internal roadways, connections with water, sewer and
electrical lines; playgrounds; recreation grounds and athletic
fields;
(iv) Remodeling or renovation of school facilities;
(v) Purchase and prefabrication of classroom units;
(vi) Material, goods or equipment as set forth in Exhibit A of the
Illinois Program Accounting Manual for Local Education Agencies
prepared by the Illinois State Board of Education.
(vii) Buses, maintenance equipment, office equipment, district
vehicles, or playground equipment; or
(viii) Any other capital equipment deemed necessary by the School
Districts.
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In addition, for purposes of this Agreement, the terms "job training,
advanced vocational education and career education" shall include the
School Districts' costs of operating the programs described in Exhibits C
and D, attached hereto.
SECTION 4: ADDITIONAL PROPERTIES:
Should the City redevelop the Civic Center, the parties agree to engage in
good faith discussions regarding possible revenue sharing for said
redevelopment.
SECTION 5: BINDING EFFECT:
This Agreement shall be binding to the Parties and their respective
successors, including successors in office.
SECTION 6: GOVERNING LAW:
This Agreement is governed by and shall be construed in accordance with
the laws of the State of Illinois. Jurisdiction and venue for all disputes shall be the
Circuit Court located in Cook County, Illinois, or the federal district court for the
Northern District of Illinois.
SECTION 7: TERM:
This Agreement shall become effective upon the date the last of the parties
signs as set forth below the signature of their duly authorized representatives,
and shall remain in effect as long as the TIF District remains in effect.
Each year, the City will analyze the financial status of the Five -Fifths TIF
to determine the cash flow and viability of the School District Annual Payment in
that year to the Districts under this Agreement. Upon demonstration in writing
by the City that payment of debt service related to the Five -Fifths TIF is
jeopardized due to unforeseen economic circumstances, the Districts may call a
meeting of the Joint Review Board ("JRB"), wherein the Districts may express
their concerns. Said meeting of the JRB shall be held no later than forty-five (45)
days after the District receives notice from the City of the City's inability to
service debt associated with the Five -Fifths TIF. After the meeting of the JRB, if
the City determines that a reduced School District Annual Payment is still
necessary, the City shall remit the School District Annual Payment pursuant to
this Agreement, less any amount necessary to meet the aforementioned debt
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service obligations. For illustrative purposes only, if the School District Annual
Payment in a given year totals $2 million, and the City is not able to meet its debt
service obligations related to the Five -Fifths TIF by $1 million due to unforeseen
economic circumstances, the City shall remit $1 million to the Districts under this
Agreement in that year.
After the aforementioned annual review, the City shall reinstate the full
School District Annual Payment in the following year. In subsequent years,
should sufficient increment be available, the City shall reimburse the School
Districts for any School District Annual Payment withheld in prior years.
The redevelopment plan budget for the Five -Fifths TIF shall include the
School District Annual Payment pursuant to this Agreement. The Districts
reserve the right to request, in writing, annual reports required by the TIF Act, 65
ILCS 5/11-74.4-5, for review.
SECTION 8: AMENDMENTS, WAIVERS, MODIFICATIONS:
No amendment, waiver, or modification of any term or condition of this
Agreement shall be binding or effective for any purpose unless expressed in
writing and adopted by each of the Parties as required by law.
SECTION 9: REAL ESTATE INCREMENT INFORMATION:
The City agrees to provide the School Districts with a copy of the TIF
Annual Report as mandated by law.
SECTION 10: SCHOOL ANNUAL REPORT:
The School Districts shall provide to the City a document that is
substantially similar to School District 202's annual financial report, which report
will contain details on the expenses of the Career and Technical Education
Department in the General Fund Schedule of Revenues, Expenditures and
Changes in Fund Balance - Budget and Actual statement for School District 202
and similar information for School District 65. The report shall be made
available by December 30 of each year of the Agreement.
SECTION 11: COMPLETE AGREEMENT:
This Agreement expresses the complete and final understanding of the
Parties with respect to the subject matter as of the date of its execution. All
N.
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Parties acknowledge that no representations have been made which have not
been set forth herein.
SECTION 12: PARTIAL INVALIDITY:
In the event that any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof. If a court were to
find the Agreement invalid in its entirety, the Parties agree to act in good faith to
renegotiate an agreement that meets the intent of this Agreement.
(signature page follows...)
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SECTION 13: AUTHORITY TO EXECUTE:
The undersigned represent that they have the authority of their respective
governing authorities to execute this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement on 2022.
CITY OF EVANSTON
By:
Kelley A. Gandurski, Interim
City Manager
BOARD OF EDUCATION
EVANSTON TOWNSHIP HIGH
SCHOOL DISTRICT NO. 202, COOK
COUNTY, ILLINOIS
um
Date: 4/11 /22
Attest: Attest:
Stephanie Mendoza, City Clerk
President, Board of
Education
Date:
Secretary, Board of
Education
BOARD OF EDUCATION
EVANSTON/SKOKIE SCHOOL
DISTRICT NO.65, COOK COUNTY,
ILLINOIS
Attest:
Rl
President, Board of Education
Date:
Secretary, Board of Education
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Exhibit A
Depiction of Five -Fifths TIF District
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Exhibit B
Legal Description of Subiect Property and Depiction
Parcel 1:
LOTS 4, 5, 6 AND 7 (EXCEPT THAT PART TAKEN FOR WIDENING RIDGE
AVENUE ACCORDING TO DOCUMENT NO. 15800534 RECORDED
DECEMBER 28,1953) IN THE RESUBDIVISION OF BLOCK 1 IN E. A. PRATT'S
ADDITION TO EVANSTON, A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 3, 1875 AS
DOCKET NO.42276, ALL IN COOK COUNTY, ILLINOIS.
Parcel 2:
THAT PART OF THE VACATED WEST RAILROAD AVENUE (VACATED BY
PLAT OF VACATION RECORDED AS DOCUMENT 87518006) ADJACENT TO
THE RESUBDIVISION OF BLOCK 1 IN E. A. PRATT'S ADDITION TO
EVANSTON, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH,
RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 6 IN E.
A. PRATT'S ADDITION, AFORESAID; THENCE EAST ON THE SOUTH LINE
OF SAID LOT 6, EXTENDED EAST, 59.60 FEET TO A POINT IN THE EAST
LINE OF SAID WEST RAILROAD AVENUE; THENCE NORTHWESTERLY ON
THE EASTERLY LINE OF SAID WEST RAILROAD AVENUE, 302.45 FEET TO
A POINT; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO SAID
EASTERLY LINE OF RAILROAD AVENUE, 50.00 FEET TO A POINT ON THE
WESTERLY LINE OF SAID RAILROAD AVENUE; THENCE
SOUTHEASTERLY ON THE WEST LINE OF SAID WEST RAILROAD
AVENUE, 270.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
TRACT 3:
LOTS 1, 2 AND 3 (EXCEPT THAT PART TAKEN FOR WIDENING OF RIDGE
AVENUE ACCORDING TO DOCUMENT NO. 15800534 RECORDED
DECEMBER 28, 1953) IN THE RESUBDIVISION OF BLOCK 1 IN ELISA A.
PRATT'S ADDITION TO EVANSTON, A SUBDIVISION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,
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ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 3, 1875 AS
DOCKET NO.42276, ALL IN COOK COUNTY, ILLINOIS.
PIN (s) : 11-18-116-018-0000
11-18-116-019-0000
11-18-116-020-0000
11-18-116-021-0000
11-18-116-022-0000
11-18-116-023-0000
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Exhibit C
School District 202 Expenditures
Evanston Township High School District No. 202 (the "District") offers a
broad range of vocational programs that prepare students for the employment
opportunities provided and anticipated to be provided by the City's Tax
Increment Financing Project. It is anticipated the City shall have increased
employment needs and the District students shall have increased job
opportunities in the City because of the improvements undertaken or planned in
the City's Tax Increment Financing District. To that end, the District is
committed to expend funds paid from the City for the following:
The hiring of a Career Partnership Manager to identify and connect
employers with students, costs of job training, advanced career and
technical education, including but not limited to courses in
occupational, semi -technical or technical field leading directly to
employment, as incurred by the District, provided that such costs
are (i) related to the establishment and maintenance of additional
job training, advanced career and technical education.
Vocational, job training, advanced career and technical education
programs require a significant amount of capital equipment and newly trained
or retrained instructors in order to make them successful. Enrollments in
vocational course sections presently account for a significant percentage of the
total enrollment in course sections in the District. Funds from this Agreement
will therefore be used to support direct and indirect costs for vocational, job
training, advanced career and technical education programs cited in this Exhibit
C.
The term of this portion of the Agreement to which this Exhibit C is
attached is from the effective date of this Agreement to the completion and
dissolution of the City's Tax Increment Financing Project.
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Exhibit D
School District 65 Expenditures
Evanston/Skokie School District No. 65 (the "District") offers a broad
range of vocational/educational programs that prepare students for secondary
education that will further the employment opportunities provided and
anticipated to be provided by the City's Tax Increment Financing Project. It is
anticipated the City shall have increased employment needs and the District
students shall have increased job opportunities in the City because of the
improvements undertaken or planned in the City's Tax Increment Financing
District. To that end, the District is committed to expend funds paid from the
City for the following:
• Lease payments and other payments for construction of a school located
in the City's Fifth Ward, which will, among other educational
opportunities, provide essential education opportunities for students that
continue to pursue advanced job training, advanced career, and technical
education opportunities at the secondary level.
• Costs of educational programing to enhance student understanding and
readiness for more advanced job training, advanced career, and technical
education at the secondary level.
Vocational, job training, advanced career and technical education
programs require a significant amount of capital equipment and newly trained
or retrained instructors in order to make them successful. Funds from this
Agreement will therefore be used to support direct and indirect costs for
vocational programs cited in this Exhibit D.
The term of this portion of the Agreement to which this Exhibit D is attached is
from the effective date of this Agreement to the completion and dissolution of
the City's Tax Increment Financing Project.
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