VILLAGE OF LONG GROVE
ORDINANCE
NO. 2007-O-__
AN ORDINANCE AUTHORIZING
THE ESTABLISHMENT OF A
TAX INCREMENT
FINANCING "INTERESTED PARTIES REGISTRY"
AND ADOPTING
REGISTRATION RULES FOR THE REGISTRY
WHEREAS,
the Village of Long Grove is an Illinois municipal corporation operating in
accordance with the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the Village is
considering establishing a tax increment financing district over the downtown
area of the Village, defined in the Long Grove Comprehensive Plan as the
"B1 Area," as well as over property located on the east side of
Illinois Route 83, defined in the Long Grove Comprehensive Plan as being part
of the "B1-A Area" of the Village, as generally described in Exhibit
A to this Ordinance (collectively, "Redevelopment Project Area") to
induce the redevelopment of the Redevelopment Project Area; and
WHEREAS, pursuant to Section
11-74.4-4.2 of the Illinois Tax Increment Allocation Redevelopment Act ("TIF
Act"), the Village is required to establish an "interested
parties registry" in connection with any redevelopment project area and to
adopt registration rules for the registry; and
WHEREAS,
in accordance with the TIF Act, the
President and Board of Trustees of the Village desire to adopt this Ordinance authorizing
the establishment of a interested parties registry and adopting registration
rules for the registry;
NOW, THEREFORE, BE
IT ORDAINED BY THE PRESIDENT
SECTION
SECTION TWO: Interested Parties Registry. In accordance with Section 11-74.4-4.2 of the TIF
Act, the Village Clerk, or the Village Clerk's designee, is hereby authorized
and directed to create an interested parties registry for each redevelopment
project area created by the Village, whether now existing or created and
established after the adoption of this Ordinance.
SECTION THREE: Registration Rules. In accordance with Section 11-74.4-4.2 of the TIF
Act, the Village hereby adopts the registration rules for the interested
parties registry that are attached to this Ordinance as Exhibit B. The Village Manager, with the approval of the
Village Attorney as to form and substance, has the authority to amend the
registration rules from time to time as may be necessary or desirable to comply
with and carry out the purposes intended by the TIF Act.
SECTION FOUR: Publication of Notice and Related
Activities. In accordance with
Section 11-74.4-5 of the TIF Act, the Village Manager, or the Village Manager's
designee, is hereby authorized to take such further actions as may be
reasonably required or desirable for implementing and giving effect to this
Ordinance and the registration rules, including without limitation publication
of a notice in a newspaper of general circulation in the Village of the
establishment of the interested parties registry, which notice will be
substantially in the form and substance attached to this Ordinance as Exhibit
C.
SECTION FIVE: Severability. If any provision of this Ordinance is held
to be invalid or unenforceable for any reason, the invalidity or
unenforceability of that provision will not affect any of the other provisions
of this Ordinance.
SECTION SIX: Effective Date. This Ordinance will be in full force and
effect upon its passage and approval in the manner provided by law.
PASSED THIS ____
AYES:
NAYS:
ABSENT:
APPROVED THIS ___
_____________________
Village
President
ATTEST:
_____________________
Village Clerk
# 4834058_v1
EXHIBIT A
General Description of the
Redevelopment Project Area
The area begins at the northwest corner of parcel
1530100003, and follows east along its northern boundary, and then proceeds south
to Old McHenry Rd, and then heads east, along the west side of parcel
1530103021, then heads northeast along the northern boundary of parcel
1530100032 to its northeast corner and then heads south and crosses Robert
Parker Road, and continues south until reaching Old McHenry Road. The boundary proceeds east along Old McHenry
Road until heading north along the eastern boundary of parcel 1530108003, and
then returns to the southeastern side of Old McHenry Road until it reaches the
southwest corner of parcel 1530205019 and proceeds north along the parcels
western boundary, and continues north until reaching Robert Parker Coffin road,
and follows the northern side of Robert Parker Coffin Road until reaching IL
Route 83.
The boundary then heads north along the western side of IL
Route 83 and then east at the northern boundary of parcel 1530200030, and then
heads east until reaching the southern boundary of parcel 153020027, and then
heads west crossing over IL Route 83, and following the southern side of Hicks
Road until reaching Fremont Road and heading south along the western boundary
of Fremont Road until reaching the southeast corner of parcel 1530400249, and
then heading southwest, then north, and then northwest along parcel 1530401123
until crossing over IL Route 53 and heading northwest by generally following
the northwest side of IL Route 53, and then heading north at Schaeffer Road,
and then crossing Parker Coffin Road and following the western boundary of
parcel 1530100009 to Old McHenry Road, and
then following the northwest side of Old McHenry Road to the western
boundary of parcel 153010004 and then heading north to the beginning.
EXHIBIT B
Registration Rules
VILLAGE OF LONG GROVE
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” means the Tax
Increment Allocation Redevelopment Act 65 ILCS § 5/11-74.4-1 et seq., as
amended from time to time.
“Interested Party(s)” means:
(a) any organization(s) active within the Village; (b) any resident(s) or
taxpayer(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”
means the redevelopment project area defined in Long Grove Ordinance No. 2007-O-___,
or as it may hereafter be amended, or a redevelopment project area that (a) is
intended to qualify (or has subsequently qualified) as a "redevelopment
project area" under the Act and (b) is subject to the "interested
parties" registry requirements of the Act.
“Registration Form” means
the form appended to these Registration Rules or a revised form as may be
approved by the Village Manager consistent with the requirements of the Act.
“Registry”
means the Interested Parties Registry for the applicable Redevelopment Project
Area established by the Village pursuant to Section 11-74.4-4.2 of the Act.
“Village”
means the Village of Long Grove, an
B. Establishment of
Registry. The Village hereby establishes an Interested
Parties Registry for each Redevelopment Project Area, whether now existing or
hereafter established. The Village will
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 for establishing
the new registry must be completed prior to the deadline for sending any of the
notices required by paragraph J of these Registration Rules or any other
notices required by the Act with respect to the proposed Redevelopment Area
that are to be sent to those on an applicable Registry.
C. Maintenance of
Registry. The Registry will be maintained by the
Village Clerk or the Village Clerk's designee.
In the event the Village Manager determines that an official or employee
other than the Village Clerk should maintain the Registry, the Village Manager
may transfer the responsibility for maintaining the Registry to the other official
or employee; provided that the Village Manager: (i) provides at least 45 days
prior notice to the Village Board of Trustees; (ii) gives prior written notice
to all Interested Parties not less than 30 days prior to such transfer; and
(iii) publishes notice of the transfer in a newspaper of general circulation in
the Village.
D. Registration by
Residents and Taxpayers.
1. Residents. A
person seeking to register as a resident Interested Person with respect to a
Redevelopment Project Area must complete and submit a Registration Form to the
Village Clerk, and must also submit a copy of a current driver’s license,
lease, utility bill, financial statement or other evidence as may be acceptable
to the Village Clerk to establish the individual’s current residency within the
Village.
2. Taxpayers. A
person seeking to register as a taxpayer Interested Person with respect to a
Redevelopment Project Area must complete and submit a Registration Form to the
Village Clerk, and must also submit a copy of a current tax bill to the Village
Clerk to establish the person's status as a taxpayer within the Village of Long
Grove.
E. Registration
by Organizations. 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
Village Clerk, and must also submit a one-page statement describing the
organization’s current operations in the Village and the manner or extent those
operations are affected by the Redevelopment Project Area.
F. Determination
of Eligibility. All individuals
and organizations whose Registration Form and supporting documentation comply
with these Registration Rules will be registered in the applicable Registry
within 10 business days after the Village Clerk’s receipt of all documents. The Village Clerk will provide written notice
to the Registrant confirming registration.
Upon registration, Interested Parties will 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 Redevelopment Project
Area. If the Village Clerk determines
that a Registrant’s Registration Form and/or supporting documentation is
incomplete or does not comply with these Registration Rules, the Clerk will give
written notice to the Registrant specifying the defect(s). The Registrant will be entitled to correct
any defects and resubmit a new Registration Form and supporting documentation.
G. Renewal
and Termination. An Interested
Person’s registration will remain effective for a period of three years. At any time after the three year period the
Village Clerk may provide written notice by regular mail to the Interested
Person stating that the registration will terminate unless the Interested
Person renews the registration within 30 days of the Clerk’s mailing of written
notice. To renew the registration, the
Interested Person must, within such 30 day period, complete and submit the same
Registration Form and supporting documentation then required of initial registrants
in order to permit the Clerk 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 will be renewed for an additional, consecutive
three year period. If the Village Clerk
determines that a Registrant’s renewal Registration Form and/or supporting
documentation is incomplete or does not comply with these Registration Rules,
the Clerk will give written notice to the Registrant at the address specified
in the renewal Registration Form submitted by the Registrant, specifying the
defect(s). The Registrant will be
entitled to correct any defects and resubmit a new Registration Form and
supporting documentation within 30 days of receipt of the Clerk’s notice. If all defects are not corrected within 30
days of the Interested Person’s receipt of the Village Clerk’s notice, the
Interested Person’s registration will be terminated. Any Interested Person whose registration is
terminated will 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 Village Clerk
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 notice, the Clerk will revise the applicable Registry
accordingly. In the absence of notice of
an amendment to a Registrant's information, the Clerk will be entitled to rely
on the information on file with respect to any Registrant and has no duty to
seek corrected information in the event that the Registrant provided erroneous
information or if the information of the Registrant becomes inaccurate in any
way or for any reason.
I. Registries
Available for Public Inspection.
Each Registry will be available for public inspection during the
Village's normal business hours. The
Registry will include the name, address 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 will be sent the following notices and any other
notices required under the Act with respect to the applicable Redevelopment
Project Area:
(i)
pursuant to Section 5/11-74.4-5(a) of the Act,
notice of the availability of a proposed redevelopment plan and eligibility
report, including how to obtain this information; the notice will be sent by
mail within a reasonable period of time after the adoption of the ordinance
fixing the public hearing for the proposed redevelopment plan;
(ii)
pursuant
to Section 5/11-74.4-5(a) of the Act, notice of changes to proposed
redevelopment plans that do not: (1) add additional parcels 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
low 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;
the notice will be sent by mail not later than 10 days following the Village’s
adoption by ordinance of such changes;
(iii)
pursuant
to Section 5/11-74.4-5(c) of the Act, notice of amendments to previously
approved redevelopment plans that do not: (1) add additional parcels of
property 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 five
percent 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 low 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; the notice will be sent by mail not later than 10 days following the
Village’s adoption by ordinance of any such amendment;
(iv)
pursuant
to Section 5/11-74.4-5(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 Section
5/11-74.4-5(d), including how to obtain the annual report; the notice will be
sent by mail within a reasonable period of time after completion of the
certified audit report; and
(v)
pursuant
to Section 5/11-74.4-6(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; the notice will be sent by
certified mail not less than 15 days before the date of the preliminary public
meeting.
K. Non-Interference.
These Registration Rules will not be used to prohibit or otherwise
interfere with the ability of eligible organizations and individuals to
register for receipt of information to which they are entitled under the Act.
L. Amendment
of Registration Rules. These Registration Rules may be
amended by the Village subject to and consistent with the requirements of the
Act. In addition, the Village Manager is
authorized to promulgate supplemental rules that are not inconsistent with
these Rules or the Act.
M. Continuing
Effect. Notwithstanding
paragraphs A-J above, these Registration Rules will be given effect consistent
with the Act, whether or not amended as provided in Paragraph L.
VILLAGE OF LONG GROVE
TIF INTERESTED PARTIES
REGISTRATION FORM
Registration for
Registration for
Registration for Organizations:
If your organization is active in the Village of Long Grove and would
like to register on the Interested Parties Registry for the Village's
redevelopment project areas, please complete Part B of this form. Please attach to this form a one-page
statement that describes your organization's current operations in the Village
and how these operations would be affected by the redevelopment project
area. (Note: existing organizational
documents that provide this information will also be accepted).
PART A:
Name:
Street
Address:
Zip Code: Home Telephone:
I have attached a copy of _______________________ as proof
that I am a resident/taxpayer of the Village of Long Grove 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 Long Grove is attached.
Please return this form to: TIF
Interested Parties Registry
ATTN: Village Clerk
Signature/Title: Date:
EXHIBIT C
Notice
NOTICE REGARDING INTERESTED PARTIES REGISTRY
FOR PROPOSED TIF REDEVELOPMENT PROJECT AREA
PUBLIC NOTICE IS HEREBY GIVEN that the Village of Long Grove is
considering the establishment of a Tax Increment Financing District pursuant to
the Illinois Tax Increment Allocation Redevelopment Act ("TIF
Act") over the downtown area of the Village, defined in the Long
Grove Comprehensive Plan as the "B1 Area," as well as property
located on the east side of Illinois Route 83, defined in the Long Grove
Comprehensive Plan as being part of the "B1-A Area" of the Village (collectively,
"Redevelopment Project Area") in order to induce the
redevelopment of the Redevelopment Project Area.
In accordance with Section 11-74.4-4.2
of the TIF Act, the Village Board of Trustees adopted a "Ordinance Authorizing
the Establishment of a Tax Increment Financing Interested Parties Registry and
Adopting Registration Rules for the Registry." A copy of the Registration Rules for the
Interested Party Registry and an Interested Party Registration Form are on file
with the Village Clerk at the Long Grove Village Hall,