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TO: Mayor Thomas J. Weisner
FROM: Bill Wiet, Chief Development Services Officer
DATE: April 6, 2016
SUBJECT:
To approve the first ordinance necessary to add the City-owned property at 2065 Bilter Road to Tax Increment Financing District No. 8.
PURPOSE:
This ordinance approves the amendment to the Redevelopment Plan and Project previously adopted for the expansion of the Chicago Premium Outlets. The amended plan now includes the 5 acre parcel owned by the City of Aurora directly north of Tax Increment Financing District No. 8.
BACKGROUND:
The City acquired the property and annexed it into the City over the past year. It is being considered for an additional access drive into the Chicago Premium Outlets.
DISCUSSION:
By having the property included in TIF No. 8, the acquisition costs and driveway construction become TIF eligible expenses.
IMPACT STATEMENT:
The action being recommended will have no negative impact on the City and its residents.
RECOMMENDATIONS:
It is recommended that the Ordinance be approved.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance of the City of Aurora, DuPage, Kane, Kendall and Will Counties, Illinois, Amending a Tax Increment Redevelopment Plan and Redevelopment Project for the East Farnsworth TIF District No. 8 Redevelopment Project Area
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, WHEREAS, it is desirable and in the best interest of the citizens of the City of Aurora, DuPage, Kane, Kendall, and Will Counties, Illinois (the "City"), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act"), for an amendment to an existing redevelopment plan and redevelopment project (the "Plan and Project") within the municipal boundaries of the City within an existing redevelopment project area (the "Area") described in Section 1(a) of this Ordinance, which Area constitutes in the aggregate more than one and one-half acres; and
WHEREAS, pursuant to Section 11-74.4-5 of the Act, the Mayor and City Council of the City (the "Corporate Authorities") by ordinance called a public hearing relative to the amendment of the Plan and Project, the amendment of the Area as a redevelopment project area under the Act, confirming the use of tax increment allocation financing and other matters required by law for March 22, 2016 at 6:00 o’clock p.m.; and
WHEREAS, at least ten (10) days prior to the adoption of the ordinance calling for such public hearing there was available for public inspection in the office of the City Clerk a copy of the amended Plan and Project and an Eligibility Report all in conformance with the Act.; and
WHEREAS, due notice with respect to such hearing was given pursuant to the Act, said notice being given to taxing districts and to the Department of Commerce and Economic Opportunity of the State of Illinois by certified mail on January 28, 2016, by publication on February 25, 2016, and March 6, 2016, and by certified mail to each taxpayer within the Area on February 22, 2016; and
WHEREAS, on February 4, 2016, notices were sent by mail to all residential addresses within 750 feet of the Area advising of the availability of the amended Redevelopment Plan and Eligibility Report including how to obtain the information by mail; and
WHEREAS, the City has created an interested parties registry and rules regarding same as provided in the Act; and
WHEREAS, on the 29th day of January, 2016, the City published a notice in the Beacon News a notice that interested parties may register to receive information on the amended designation of the Redevelopment Project Area; and
WHEREAS, the City has heretofore convened a joint review board as required by and in all respects in compliance with the provisions of the Act; and
WHEREAS, the Joint Review Board has by resolution recommended that the City approve the amendments to the Plan and Project, the amendment of the amended Redevelopment and the confirmation of tax increment financing for the Area; and
WHEREAS, a resolution of the Joint Review Board has been submitted to and considered by the City; and
WHEREAS, the Corporate Authorities have reviewed the information concerning such factors presented at the public hearing and have reviewed other studies and are generally informed of the conditions in the amended Area that could cause the Area to be a "blighted area" as defined in the Act; and
WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to lack of private investment in the amended Area to determine whether private development would take place in the amended Area as a whole without the amendment of the amended Plan and Project; and
WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the amended Area to determine whether contiguous parcels of real property and improvements thereon in the amended Area would be substantially benefited by the amended Project improvements; and
WHEREAS, the Corporate Authorities have reviewed the amended Plan and Project and also the existing comprehensive plan for development of the City as a whole to determine whether the amended Plan and Project conform to the comprehensive plan of the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section 1. Findings. That the Corporate Authorities hereby make the following findings:
The Area is legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The general street location for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference.
There exist conditions that cause the Area to be subject to designation as a redevelopment project area under the Act and to be classified as a conservation area and as a blighted vacant area as defined in Section 11-74.4-3 of the Act.
The amended Area on the whole has not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the Plan.
The Plan and Project conform to the comprehensive plan for the development of the City as a whole, as reflected in the City’s zoning map.
As set forth in the Plan it is anticipated that all obligations incurred to finance redevelopment project costs, if any, as defined in the Plan shall be retired not later than December 31 of the year in which payment to the City Treasurer is made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which this ordinance was adopted.
The parcels of real property in the amended Area consist of more than one and one-half acres and are contiguous, and only those contiguous parcels of real property and improvements thereon that will be substantially benefited by the amended Project improvements are included in the amended Area.
g. The findings set forth in the Plan and Project are incorporated herein by reference.
h. The findings set forth in the Preamble to this ordinance are incorporated herein by reference.
Section 2. Plan and Project Approved. That the Plan and Project, which were the subject matter of the public hearing held on March 22, 2016, are hereby adopted and approved. A copy of the Plan and Project is set forth in Exhibit D attached hereto and incorporated herein as if set out in full by this reference.
Section 3. Invalidity of Any Section. That if any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance.
Section 4. Superseder and Effective Date. All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law.
ATTACHMENTS:
EXHIBIT A - Amended Legal Description
EXHIBIT B - General Street Location as Amended
EXHIBIT C - Map of Amended Redevelopment Project Area
EXHIBIT D - Amendment to Redevelopment Plan and Project
PASSED this ____ day of ____________, 2016.
AYES _______ NAYS ________ ABSENT ________
APPROVED:________________________
MAYOR
ATTEST: _________________________
CITY CLERK