Transcription

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41 CITY OF CARLYLE ORDINANCE NO AN ORDINANCE ADOPTING AN INTERGOVERNMENTAL AGREEMENT REGARDING ESTABLISHMENT OF TAX INCREME T FINANCING DISTRICT ADOPTED BY CITY COUNCIL OF THE CITY OF CARLYLE THIS 14th DAY OF JUNE,1999 Published in pamphlet form by authority of the City Council of the City of Carlyle, Clinton - County, Illinois this 29'h day of June, 1999.

42 ORDINANCE NO.! 274 AN ORDINANCE ADOPTING AN INTERGOVERNMENTAL AGREEMENT REGARDING ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT Whereas, the City of Carlyle ("City") has established a Tax Increment Financing District commonly known as City of Carlyle TIF II; and Whereas, it was proposed that the City enter into intergovernment agreements with various taxing bodies to minimize any negative impact upon said taxing bodies; and Whereas, Carlyle Township, Carlyle C.U.D. #1, Carlyle Fire Protection District, County of Clinton, Kaskaskia College District #501, and Multi-Township Assessor have approved said intergovernmental agreement; now Therefore Be It Ordained by the City Council of the City of Carlyle, that the IntergovernmentalAgreementattached hereto, and incorporated herein, marked as Exhibit "A", is hereby adopted and approved by the City of Carlyle, and that the Mayor be authorized to execute such agreement on behalf of the City and the City Clerk to attest to his signature thereon. This Ordinance shall be in full force and effect from and after its adoption, approval and publication as provided by law, Passed and approved this 14th day of -""J""un~e,,--, Voting Yes 8 Voting No _---'0"- Absent a~ Don W. Schmitz, Mayor Attest:

43 05/14/ : ~TERGOVERNMENTALAGREEMENT This Intergovernmental Agreement, which is entered into by the parties hereto "- pursuant to authority granted to them by Article VII, Section local ofthe Constitution of the State oftilinois ("Agreement"), is made and entered into as ofthe I" day ofmay, 1999, by and between the City ofcarlyle, TIlinois ("City") and the following governmental entities, hereinafter referred to collectively as the "Taxing Districts": Carlyle Township Carlyle C.U.D. #1 Carlyle Fire Protection District County of Clinton Kaskaskia College District #501 Multi-TownShip Assessor RECITALS WHEREAS, the city has proposed establishing a Tax Increment Financing District tbe boundaries ofwhich ar.e legally described on Exhibit A hereto and depicted on the map attached hereto on Exhibit 13 commonly known as City ofcarlyle TIF n by enacting a Tax Increment Financing Redevelopment Plan ("TIF' n PLAN") pursuant to the Act as hereinafter defined; WHEREAS, the City held a public hearing on the Carlyle TIF' n on November 19, 1998 in ac:cordance with 65 n..cs ; WHEREAS, the City and Taxing Districts desire to enter into an agreeme11t to minimize the negative revenue effect on the Taxing Districts as a result ofthe implementation ofthe Carlyle TIF n District. WHEREAS, ofthe general City goals enumerated as part ofthe Carlyle TIF II Redevelopment Plan forming the basis for the TIF, the City seeks to administer the Carlyle TIF n District in a manner that will assist, rather than hinder, other taxing bodies, It is

44 0E/14/ : CAkLYL~ CIIY HALL I clear that not all adverse effects resulting to other Taxing Districts can be eliminated, however, the City seeks to distribute the funds which are not currently necessary for Redevelopment Project activities. DEFINITIONS For the purposes ofthis Intergovernmental agreement, the following definitions apply: "Act" shall mean the Tax Increment Allocation Redevelopment Act, 65 n..cs 5/ et seq. "Incremental Property Taxes" shall mean that portion ofad valorem Real Property Taxes which are attributable to the increase in the current equalized assessed valuations of each lot, block, tract as parcels in the redevelopment project area over and above the initial equalized assessed value ofeach property in the project area which are deposited in the special tax allocation fund as authorized by Section 5/11-74/4-8 (D) oftbe Act. "Incrementa! Revenues" shall mean those revenues deposited into the Special Tax Allocation Fund as calculated pursuant to 65!LCS 5/ (b). "Redevelopment Plan Year" shall mean a period ofone year commencing on the date ofadoption oftax Increment Financing and ending on thepreceding date in the subsequent year and on the anniversary date ofeach year thereafter until the starutory expiration ofthe Plan or termination ofthe Plan by action ofthe City Council ofthe City ofcarlyle. whichever occurs earlier. "Redeyelopment Project" shall have the meaning set forth in the Act at Section 5/ (p). "Surplus Funds" shall mean those incremental funds which are not subject to contractual obligations ofthe municipality for redevelopment activities authorized by

45 06/14/ : redevelopment projects and contracts approved by the City Council ofthe City ofcarlyle or redevelopment programs authorized by ordinance by the City Council ofthe City of Carlyle nor pledged as security for the payment ofobligations issued pursuant to the Tax Increment Allocation Redevelopment Act and Section 7 ofthis agreement. TERMSOFAGBEEMENT NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERAnON, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. The City and Taxing Districts agree that the attached Exhibit C is an accurate listing ofthe parcels by address and Property Index Number within the Carlyle TIF n District and the equalized assessed valuations pertaining to each parcel as shown thereon are as set forth in the Carlyle TIF n Plan. 2. The City agrees that any Redevelopment Project entered into by the City with a private party shall be adopted by ordinance which shall identify the property subject to redevelopment by address and Property Index Number. 3. Prior to the date ofpubjication ofthe ad valorem Real Property Tax bills, the County ofclinton agrees to provide to the City a complete listing ofall parcels within the Carlyle TIF n District which shall, at a minimum, include the Property Index Number, address, initial equalized assessed valuation, current equalized assessed valuation and incremental taxes generated. 4. The City agrees that commencing at the end ofthe first Plan Year, the City of Carlyle shall, ~vithin ninety (90) days ofthe end ofthe Plan Year, annually report to the

46 06/14/ : "'b Taxing Districts those parcels for which a redevelopment project has been approved previously. Said report shall include adequate information to identif'y the initial equalized assessed valuation ofsaid parcels, the current equalized assessed valuation ofsaid parcels, the amount ofthe total ad valorem taxes paid with respect to said parcels and the amount ofthe Incremental Taxes paid to the Special Tax Allocation Fund with respect to said parcels. The report shall summarize the total Incremental Taxes paid for all parcels within the TIF District for which Redevelopment Projects have been approved. 5. Not later than the date ofpublication ofad valorem Real Property Tax bills, the City shall calculate the amount ofsurplus Funds to become available in the Special Tax Allocation Fund generated during the immediately concluded year. The City shall report said amount to the Taxing Districts along with a proposed distribution to each Taxing District. 6. Within thirty (30) days after receipt ofsuch funds into the Special Tax Allocation Fund. the CityofCarlyle shall then direct the MunidpaJ Treasurer to pay the said Surplus Funds generated in the immediately concluded Plan Year to the affected Taxing Districts, such payments to be made to the Taxing Districts in the same proportion as the most recent distribution by the County Collector to the affected Taxing Districts ofreal property taxes from taxable real property in the Redevelopment Project Area. 7. The City agrees that upon a determination by the City Council that a redevelopment project requires the issuance ofobligations pursuant to Section 5/ ofthe Act, the City shall only issue such obligations upon receipt ofa report from an independent Certified Public Accountant that the projected incremental Property Taxes to be generated by the proposed redevelopment project are sufficient to pay the principal, interest and

47 06/14/ :28 premium, ifany, on the obligation to be issued. Upon receipt ofsuch report, the City shall tender copies to the Taxing Districts. After such tendering, payments to the Taxing Districts shall be subordinate to payments ofprim:ipal, interest and premium, ifany, due on the obligations. The subordination ofpayments to the Taxing Districts shall in no way diminish the obligation ofthe City to make the agreed payments to the Taxing Districts. 8. The Taxing Districts, jointly and severally, agree to forever refrain and desist from asserting, threatening to assert, or ofcausing the assertion against the City, any person, or any entity any claim, demand, action or suit at law or in equity ofwhatever kind or nature '. arising out of or because of opposition to the Carlyle TIF II Of the manner in which the Plan is adopted, administered or amended. " 9. This Agreement is contingent upon approval by the Carlyle, Illinois City Council (by enacting an Ordinance approving and authorizing this Agreement) and by each ofthe Taxing Districts (by adopting a resolution approving and ratifying this Agreement). If either the City Council or any one or more ofthe Taxing Districts fail to approve and ratify this Agreement before June 30, 1999, this Agreement shall be nutl and void and of no effect whatsoever. 10. This agreement shall terminate on the earlier ofthe expiration ofthe Carlylem II District as provided for in the Act or the adoption ofan ordinance by the City ofcarlyle repealing Tax Increment Financing and the CARLYLE TIF II District, except that, the tennmation ofthis agreement pursuant to this section shall not relieve the obl~ation ofthe City to make a final report and payments to the Taxing Districts as provided for in sections 4, 5, and 6 hereof, respectively.

48 0~!14/ : IN WITNESS WHEREOF, representatives ofthe City and each ofthe Twcing Districts have executed this Agreement upon the date first above written. CTIY OF CA:RLYLE Don W. Schmitz, Mayor CA:RLYLE TOWNSHIP By: COUNTY OF CLINTON By:~.'4/7 jqq It ~sentative I CA:RLYLE FIRE PROTECTION DISTRICT CA:RLYLE C.U.D. #1 By:

49 0~/14/ : CARLYL~ C1IY HALL KASKASKIA COLLEGE DISTRICf #501 By: a~ c51do)qq It OriZedRePresentative MULTI-TOWNSHIP ASSESSOR By:~ fol,lqq I ~esenlative

50 STATEOFILLINOIS ) ) SS COUNTY OF CLINTO ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, Janine Ehlers, certify that I am the duly elected and acting municipal clerk of the City of Carlyle, Clinton County, Illinois. I further certify that on June 14, 1999, the Corporate Authorities of such municipality passed and approved Ordinance No entitled AN ORDINANCE ADOPTING AN INTERGOVERNMENTAL AGREEMENT REGARDING ESTABLISHME T OF TAX INCREMENT FINANCING DISTRICT, provided by its term that it should be published in pamphlet form. The pamphlet form of Ordinance No including the Ordinance and a cover sheet thereof was prepared, and a copy ofsuch Ordinance was posted in the City Hall, commencing on June 29,1999, 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 City Clerk. Dated at Carlyle, Illinois, this,;~ day of a,",l~'~~'i<l.{j~4~'2tl-_-"1999.

51 KENNETH E. MEHOCHKO ATTORNEY AT LAW 1010 FRANKLIN STREET CARLYLE, ILLINOIS (618) FAX (6Ia) ~94-e65" June 16, 1999 Ms. Jean Parson Office Manager City of Carlyle 850 Franklin Street Carlyle, Illinois Re: Ordinance adopting Intergovernmental Agreement for TIF Dear Jean: Enclosed is the ordinance I have prepared for adoption of the above referenced agreement. The Council approved the ordinance June 14, RespectfUlly, ~ Kenneth E. Mehochko Attorney at Law KEM/ls enclosure

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148