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HomeMy WebLinkAboutOrd 5127 07/18/2000 ORDINANCE NO. 5127 AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF TAX INCREMENT FINANCING 'INTERESTED PARTIES' REGISTRIES AND ADOPTING REGISTRATION RULES FOR SUCH REGISTRIES Passed and approved by the President and Board of Trustees the 18th day of July, 2000 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 19th day of July, 2000 ORDINANCE NO. 5127 AN ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AUTHORIZING THE ESTABLISHMENT OF TAX INCREMENT FINANCING "INTERESTED PARTIES" REGISTRIES AND ADOPTING REGISTRATION RULES FOR SUCH REGISTRIES WHEREAS, the Village of Mount Prospect (the "Village") is a home rule municipality as described in Section § 6(a). Article VII of the 1970 Constitution of the State of Illinois, and as such may exercise any power and function pertaining to its government and affairs; WHEREAS, pursuant to Section § 11-74.4-4.2 of the Tax Increment Allocation Redevelopment Act, 65 ILCS § 5/11-74.4-1, et seq. (the "TIF Act"), the Village is required to establish certain "interested parties" registries and adopt registration rules for such registries; WHEREAS, the Village desires to adopt this ordinance in order to comply with such requirements of the TIF Act; now, therefore BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSECT, COOK COUNTY, ILLINOIS ACTING PURSUANT TO ITS HOME RULE POWERS; SECTION 1. The above recitals are incorporated and made a part of this Ordinance. SECTION 2. The Village's Director of Finance, or his or her designee, is authorized and directed to create an "interested parties" registry in accordance with Section § 11- 74.4-4.2 of the Act for each redevelopment project area created under the Act and not terminated by the Village, whether now existing or created after the date of the adoption of this ordinance. SECTION 3. In accordance with Section § 11-74.4-4.2 of the Act, the registration rules attached as Exhibit A for each such "interested parties" registry are adopted. The Village Manager, upon approval of the Village Attorney as to form and legality, shall have the authority to amend such registration rules from time to time as may be necessary or desirable to comply with and carry out the purposes intended by the Act. SECTION 4. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 5. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 6. This ordinance shall be in full force and effect immediately upon its passage. YES: Hoefert, Lohrstorfer, Skowron, Wilks NAYES: None ABSENT: Corcoran, Prikkel PASSED and APPROVED this 18 th day of July ,2000. Attachment: Exhibit A: TIF Interested Parties Registry Registration Rules EXHIBIT A THE VILLAGE OF MOUNT PROSPECT, ILLINOIS DOWNTOWN TAX INCREMENT FINANCING DISTRICT NO. 1 TIF INTERESTED PARTIES REGISTRY REGISTRATION RULES A. Definitions. As used in these Registration Rules, the following terms shall have the definitions set forth below. "Act" shall mean the Tax Increment Allocation Redevelopment Act 65 tLCS § 5/11-74.4-1 et seq, As amended from time to time. "Village" shall mean the Village of Mount Prospect, Illinois, a home rule unit of government under Section § 6(a) Article VII of the 1970 Constitution of the State of Illinois. "Interested Party(s)" shall mean (a) any organization(s) active within the Village, (b) any resident(s) of the Village, and (c) any other entity or person otherwise entitled under the Act to register in a specific Registry who has registered in such Registry and whose registration has not been terminated in accordance with these Registration Rules. "Redevelopment Project Area" shall mean a redevelopment project area that (a) is intended to quality (or has subsequently qualified) as a "redevelopment project area" under the Act and (ii) is subject to the "interested parties" registry requirements of the Act. "Registration Form" shall mean the form appended to these Registration Rules or such revised form as may be approved by the Village consistent with the requirements of the Act. "Registry" or "Registries" shall mean each Interested Parties Registry, and all such registries, collectively, established by the Village pursuant to Section § 11-74.4-4.2 of the Act for the Redevelopment Project Area. B. Establishment of Reglstrv The Village shall establish a separate interested parties registry for each Redevelopment Project Area, whether existing as of the date of the adoption of these Rules or hereafter established. The Village shall establish a new registry whenever it has identified an area for study and possible designation as a Redevelopment Project Area. In any event the process of establishing the new registry must be completed prior to the deadline for sending any of the notices required by Section (J) of these rules or any other notices required by the Act with respect to the proposed Redevelopment Project Area. C. Maintenance of Reaistrv The Registries shall be maintained by the Village's Director of Finance or his or her designee. In the event the Village determines that a person other than the Director of Finance should maintain the Registries, the Village may transfer the responsibility for maintaining the Registries to such other individual provided that the Director of Finance (i) gives prior written notice to all Interested Parties not less than thirty (30) days prior to such transfer and (ii) publishes notice of such transfer in a newspaper of general circulation in the Village. D. Registration bv Residents An individual seeking to register as an Interested Person with respect to a Redevelopment Project Area must complete and submit a Registration Form to the Director of Finance. Such individual must also submit a copy of a current driver's license, lease, utility bill, financial statement or such other evidence as may be acceptable to the Director of Finance to establish the individual's current Village residency. E. Reoistration by Omanizations An organization seeking to register as an Interested Person with respect to a Redevelopment Project Area must complete and submit a Registration Form to the Director of Finance. Such organization must also submit a copy of a one-page statement describing the organization's current operations in the Village. F. Determination of Eligibility All individuals and organizations whose Registration Form and supporting documentation complies with these Registration Rules shall be registered in the applicable Registry within ten (10) business days of the Director of Finance's receipt of all such documents. The Director of Finance shall provide written notice to the registrant confirming such registration. Upon registration Interested Parties shall be entitled to receive all notices and documents required to be delivered under these Rules or as otherwise required under the Act with respect to the applicable Redevelopment Project Area. If the Director of Finance determines that a registrant's Registration Form and/or supporting documentation is incomplete or does not comply with these Registration Rules, he or she shall give written notice to the registrant specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new Registration Form and supporting documentation. G. Renewal and Termination An Interested Person's registration shall remain effective for a period of three years. At any time after such three year period the Director of Finance may provide written notice by regular mail to the Interested Person stating that such registration shall terminate unless the Interested Person renews such registration within thirty (30) days of the Director of Finance's mailing of written notice. To renew such registration, the Interested Person shall, within such thirty (30) day period, complete and submit the same Registration Form and supporting documentation then required of initial registrants in order to permit the Director of Finance to confirm such person's residency or such organization's operations in the Village. The registration of all individuals and organizations whose Registration Form and supporting documentation is submitted in a timely manner and complies with these Regulation Rules shall be renewed for an additional, consecutive three year period. If the Director of Finance determines that a registrant's renewal Registration Form and/or supporting documentation is incomplete or does not comply with these Registration Rules, he or she shall give written notice to the registrant at the address specified in the renewal Registration Form submitted by such registrant, specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new Registration Form and supporting documentation within thirty (30) days of receipt of the Director of Finance's notice. If all defects are not corrected within thirty (30) days of the Interested Person's receipt of the Director of Finance's notice, the Interested Person's registration shall be terminated. Any Interested Person whose registration is terminated shall be entitled to register again as if a first-time registrant. H. Amendment to Registration An Interested Party may amend its registration by giving written notice to the Director of Finance by certified mail of any of the following: (i) a change in address for notice purposes: (ii) in the case of organizations, a change in the name of the contact person; and (iii) a termination of registration. Upon receipt of such notice, the Director of Finance shall revise the applicable Registry accordingly. I. Registries Available for Public Inspection Each Registry shall be available for public inspection during normal business hours. The Registry shall include the name, address 2 and telephone number of each Interested Person and for organizations, the name and phone number of a designated contact person. J. Notices to be Sent to Interested Parties. Interested Parties shall be sent the following notices and any other notices required under the Act with respect to the applicable Redevelopment Project Area: (i) pursuant to sub-section § 74-4-5(a) of the Act, notice of the availability of a proposed redevelopment plan and eligibility report, including how to obtain this information, such notice shall be sent by mail within a reasonable period of time after the adoption of the ordinance fixing the public headng for the proposed redevelopment plan: (ii) pursuant to sub-section § 74-4.5(a) of the Act, notice of changes to proposed redevelopment plans that do not ('1) add additional pamels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project, or (4) increase the number of Iow or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of households will exceed 10; such notice shall be sent by mail not later than ten (10) days following the Village's adoption by ordinance of such changes. (iii) pursuant to sub-section § 74-4-5 ( c ) of the Act, notice of amendments to previously approved redevelopment plans that do not: (1) add additional parcels of properly to the redevelopment project area, (2) substantially affect the general land uses in the redevelopment plan, (3) substantially change the nature of the redevelopment project, (4) increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted, (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan or (6) increase the number of Iow or very Iow income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of households will exceed 10; such notice shall be sent by mail not later than 10 days following the Village's adoption by ordinance of any such amendment. (iv) pursuant to sub-section § 74.4-5(d)(9) of the Act for redevelopment plans or projects that would result in the displacement of residents from 10 or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the annual report described by sub-section § 74.4-5(d), including how to obtain the annual report; such notice shall be sent by mail within a reasonable period of time after completion of the certified audit report. (v) pursuant to sub-section § 74.4-6(e) of the Act, notice of the preliminary public meeting required under the Act for a proposed Redevelopment Project Area that will result in the displacement of 10 or more inhabited residential units or which will contain 75 or more inhabited residential units, such notice shall be sent by certified mail not less than 15 days before the date of such preliminary public meeting. K. Non Interference These Registration Rules shall not be used to prohibit or otherwJse interfere with the ability of eligible organizations and individuals to register for receipt of information to which they are entitled under the Act. I. Amendment of Reaistration Rules These Registration Rules may be amended by the Village subject to and consistent with the requirements of the Act. TIF INTERESTED PARTIES REGISTRATION FORM Registration for Villaae Residents: If you are a Village of Mount Prospect resident and would like to register on the Interested Parties Registry for the Village's tax increment financing (TIF) redevelopment project areas, please complete Part A of this form. Proof of residency is required. Please attach a photocopy of one of the following (driver's license, lease, utility bill, financial statement, or such other evidence as may be suitable to establish your current municipal residency) to this form. Reo_istration for Organizations: If your organization is active in the Village of Mount Prospect and would like to register on the Interested Parties Registry for the Village's tax increment financing (TIF) redevelopment project areas, please complete Part B of this form. Please attach to this form a one-page statement that describes the organization's current operations in the municipality. (Note: existing organizational documents that provide this information will also be accepted) PART A: REGISTRATION FOR MUNICIPAL RESIDENTS (Please Print) Name Street Address Zip Code Home Telephone I have attached a copy of as proof that I am a resident of the Village of Mount Prospect as of the date of this registration form. PART B: REGISTRATION FOR ORGANIZATIONS (Please Print) Organization Name Contact Name Street Address City. State Zip Code Telephone ( ) Fax ( ) Check here __ if a statement describing your organization's current operations in the Village of Mount Prospect is attached. Please return this form to: Village of Mount Prospect Director of Finance 100 South Emerson Street Mount Prospect, IL 60056 Signature/Title Date