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HomeMy WebLinkAboutOrd 4385 01/07/1992 ORDINANCE NO. 43~5 AN ORDINANCE PERTAINING TO THE REDEVELOPMENT OF REAL ESTATE WITHIN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 7th day of January , 1992 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 13th day of January , 1992. ORDINANCE NO. 4385 AN ORDINANCE PERTAINING TO THE REDEVELOPMENT OF REAL ESTATE WITHIN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect, Illinois ("village") is an Illinois Home Rule Municipality pursuant to the provisions of Article VII, Section 6, of the Illinois Constitution of 1970 and as such, the Village may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the subject matter of this ordinance pertains to the government and affairs of the Village and its residents; and WHEREAS, the Board of Trustees of the village has determined it to be in the best interests of the Village and its residents to legislate in the area of redevelopment of certain real estate within the corporate limits of the Village which qualifies as a conservation area, as defined herein; and WHEREAS, the Board of Trustees of the Village has determined that it is in the promotion and protection of the health, safety, morals and welfare of the citizens of the Village and the public to provide for the maintenance and revitalization of conservation areas by reducing or eliminating those conditions, the existence of which qualify an area as a conservation area and the stimulation of economic development and the planning, execution and implementation of redevelopment projects in designated areas; and WHEREAS, the Board of Trustees of the Village has determined that the maintenance and revitalization of conservation areas by reducing or eliminating those conditions, the existence of which qualify an area as a conservation area and the stimulation of economic development and the planning, execution and implementation of redevelopment projects in designated areas, financed by public and/or private capital, with financial assistance from governmental bodies, if necessary, in the manner provided for in this Ordinance, are hereby declared to be public purposes and public uses essential for the public interest; and WHEREAS, the Board of Trustees of the village has determined it is essential to the economic and social welfare of the Village that conservation areas be maintained and revitalized, by assuring opportunities for development and/or redevelopment in attracting sound and stable commercial and related economic growth; and WHEREAS, the Board of Trustees of the village has determined that the exercise of the powers provided for in this Ordinance is dedicated to the promotion of the public interest and to the enhancement of the tax base of the Village, and the use of such powers for the development and redevelopment of conservation areas in the Village is hereby declared to be a public purpose and public use essential to the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS, AS FOLLOWS: SECTION 1: DEFINITIONS. As used in this Ordinance, unless the context requires otherwise: a. "Real Property" means lands, lands under water, structures and any or all easements, franchises and incorporeal hereditaments, estates and rights, legal and equitable, including without limitation terms for years and liens by way of judgment, mortgage or otherwise. b. "Conservation Area" means any improved or vacant area or parcel of real estate located within the territorial limits of the Village, in which: (i) if improved, because of a combination of three (3) or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum Village and BOCA code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; and/or lack of community planning, is detrimental to the public, safety, health, moral or welfare; (ii) if vacant, the sound growth of the area is impaired by a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; flooding on all or part of such vacant land; and/or deterioration of structures or site improvements in neighboring areas adjacent to the vacant land. c. "Redevelopment Project" means a general outline of development objectives and design guidelines for development or redevelopment intended to reduce or eliminate those conditions the existence of which qualified the redevelopment project area as a conservation area. d. "Redevelopment Project Area" means an area or parcel of real estate designated by the Village which is not less in the aggregate than 1 1/2 acres and in respect to which the village has made a finding that there exist conditions which caused the area or parcel to be classified as a conservation area, and which is to be developed or redeveloped in accordance with a redevelopment project. e. "Redevelopment Project Costs" means and includes the sum total of all reasonable and necessary costs incurred or estimated to be incurred pursuant, and any such costs incidental to a redevelopment project. Such costs may include, without limitation, the following: (i) costs of studies, surveys, development of plans and specifications, planning, implementation, administration and execution of a redevelopment project, including without limitation staff and professional service costs for architectural, engineering, legal, marketing, financial, planning or other services; (ii) real property assembly costs, including without limitation the acquisition of real property and other property, real or personal, or rights or interests therein, demolition of buildings and the clearance and grading of real property; (iii) costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, facilities and fixtures; (iv) costs of construction of public works or improvements; (v) costs of job training and retraining projects; (vi) financing costs, including without limitation all necessary and incidental expenses relating to the issuance of obligations which may include payment of interest on any obligations issued hereunder accruing during the estimated period of construction of any redevelopment project for which such 6bligations are issued and including reasonable reserves related thereto; (vii) relocation costs, to the extent that the Village determines that relocation costs shall be paid or are required by federal or state law; (viii) costs of advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical 'fields leading directly to employment, provided that such costs are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; (ix) interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project. SECTION 2: POWERS OF CORPORATE AUTHORITIES. In planning, executing and implementing a redevelopment project, the corporate authorities of the Village shall have the following powers, in addition to those powers provided~ for by law: a. Approve redevelopment projects and designate redevelopment project areas. Prior to such approval and designation, the corporate authorities of the Village may provide for a study and survey to determine if a particular area is to be classified as a Conservation area and for a public hearing on the classification of a ~articular area as a conservation area and the adoption and/or approval of a redevelopment project and/or designation of a redevelopment project area. At least ten days before any such hearing the Village clerk shall give notice of the hearing by publication at least once in a newspaper of general circulatibn within the Village; b. Make and enter i~o all contracts necessary or incidental to the planning, execution, implementation and furtherance of a redevelopment project; c. Within a redevelopment project area, acquire real property and other properties, real or personal, by purchase, donation, lease or eminent domain; own, convey, lease, mortgage or dispose of real property and other properties, real or personal, or rights or interests therein; and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the municipality determines as reasonably necessary to achieve the objectives of the redevelopment project. No conveyance, lease, mortgage, disposition of real estate or other property, real or personal, or an agreement relating to the development or redevelopment of the real property shall be made except upon the adoption 0f an ordinance by the corporate authorities of the Village. No conveyance, lease, mortgage or other disposition of real estate or other property, real or personal, or an agreement relating to the development or redevelopment of real property shall be made without making public disclosure of the terms of the disposition and all bids and proposals made in response to the Village's request. The procedures for obtaining such bids and proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids; d. Within a redevelopment project area, clear any area by demolition or removal of any existing buildings and structures; e. within a redevelopment project area, renovate or rehabilitate or construct any structure, facility or building; f. Install, repair, construct, reconstruct or relocate streets, utilities and site improvements essential to the preparation of the redevelopment project area for use in accordance with a redevelopment project; g. Within a redevelopment project area, fix, charge and collect fees, rents and charges for the use of any building or real property owned or leased by the Village or any part thereof or facility therein; h. Accept grants, guarantees and donations of property, labor or other things of value from a public or private source for use within a redevelopment project area; i. Acquire and construct public real property and/or facilities within a redevelopment project area; j. Incur redevelopment project costs; k. Apply for and accept capital grants and loans from the United States, State of Illinois or any instrumentality of the United States or the State of Illinois for the development and/or redevelopment of a conservation area; 1. To borrow funds as the Village may deem necessary for the purpose of development and/or redevelopment and issue such obligations or revenue bonds as the Village may deem necessary, subject to applicable statutory limitations, if any; m. Employ all such persons as may be necessary for the planning, administration, execution and implementation of a redevelopment project; n. Exercise any and all other powers as the Village may deem necessary to effectuate the purposes of this ordinance. SECTION 3: Ail ordinances or parts of ordinances in conflict the foregoing provisions are repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED the following roll call vote this ?th day of ,]~m~y 199_2~ AYES: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: None ABSENT FROM COMMENT AND VOTE: None APPROVED this ?th day of Januar_v 1~.99 2, ~ ~ Village Clerk