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An Ordinance of the Village of Romeoville, Will County, Illinois, Approving the Third Amendment to a Tax Increment Redevelopment Plan and Redevelopment Project For the “Marquette TIF” Redevelopment Project Area
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WHEREAS, the Village has previously taken the following action with regard to the Marquette TIF: i) by Ordinance No. 2009-89 approved a Redevelopment Plan and Project which was thereafter twice amended by Ordinance No. 05-0237 and Ordinance No. 11-0905 (collectively the “Plan”); ii) by Ordinance No. 2010-89 designated the Marquette TIF as a Redevelopment Project Area (the “Designation”); and iii) by Ordinance No. 2011-89 adopted Tax Increment Financing (the “TIF Financing”); and
WHEREAS, the Village has determined that it is in the best interest of the Village to make certain amendments to the Plan, the Designation, and the TIF Financing; and
WHEREAS, the Corporate Authorities have determined that in order to promote and protect the health, safety, morals and welfare of the public that the area legally described in Exhibit A hereto (the “Proposed Deleted Area”) be removed from the Marquette TIF; and
WHEREAS, the Village has caused Kane McKenna to prepare, and the Village has made available for public inspection and distribution, a proposed Third Amendment to Redevelopment Plan and Project for the Marquette TIF (the “Third Amended Plan” and “Project”); and
WHEREAS, the Third Amended Plan and Project sets forth in writing changes to the Legal Description, general land description, budget, and other matters amending the Plan and Project; and
WHEREAS, pursuant to Section 11-74.4-5 of the TIF Act, the Corporate Authorities by resolution called a public hearing (the “Hearing”) relative to the Third Amended Plan and Project, the removal of the Proposed Deleted Area from the redevelopment project area and the amendment of tax increment financing for the Marquette TIF under the TIF Act and fixed the date and place for such Hearing, being September 19, 2018 at 6:00 p.m., at the Romeoville Village Hall, Romeoville, Illinois; and
WHEREAS, due notice in respect to such Hearing was given pursuant to Section 11-74.4-6 of the TIF Act; said notice, together with a copy of the Third Amended Plan and Project and the name of a person to contact for further information, being given to taxing districts and to the Department of Economic Opportunity of the State of Illinois by certified mail on July 20, 2018, by publication on August 30 and August 31, 2018, and on July 23, 2018 to residents within 750’ feet of the Proposed Area, and by mail to all persons whose name appears on the Interested Parties Register on August 28, 2018, if any; and
WHEREAS, the joint review board has met at the times and as required by the TIF Act and has reviewed the public record, planning documents and the form of proposed ordinances approving the Third Amended Plan and Project, removing the Proposed Deleted Area as part of a Marquette TIF redevelopment project area and amending tax increment allocation financing to remove the Proposed Deleted Area; and
WHEREAS, the joint review board prepared their report dated August 7, 2018, and presented it to the Village; the joint review board report recommended adopting the Third Amended Plan and Project, removing the Proposed Deleted Area as part of the Marquette TIF and amending Tax Increment Allocations financing to remove the Proposed Deleted Area; and
WHEREAS, the Village held the Hearing on September 19, 2018, at the Romeoville Village Hall, Romeoville, Illinois and it was finally adjourned on that date; and
WHEREAS, prior to and at the Hearing any interested person and affected taxing district were permitted to file with the Village Clerk written objections and were heard orally in respect to any issues embodied in the notice of said Hearing, and the Village Board heard all protests and objections at the Hearing; and
WHEREAS, the Corporate Authorities have heretofore, and it hereby expressly is, determined that the Village has in all respects complied with the requirements of the TIF Act in such actions taken to date as hereinabove recited:
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Romeoville, Will County, Illinois, in the exercise of its statutory, constitutional and home rule powers, as follows:
Section 1: Findings
The Corporate Authorities hereby make the following findings:
(1) The Proposed Deleted Area is described in Exhibit “A” attached hereto and incorporated herein as if set out in full by this reference. The street location (as near as practicable) 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.
(2) The Marquette TIF Plan and Project, as amended, conforms to the Village’s Comprehensive Plan (“The Comprehensive Plan”).
(3) The parcels of real property remaining in the Marquette TIF are contiguous, and the Proposed Area is not less in the aggregate than 1 and 1/2 acres.
(4) All other findings as set forth in the Third Amended Plan and Project, as amended.
Section 2: Exhibits Incorporated by Reference
The Third Amendment to the Plan and Project is hereby adopted and approved, a copy of which is set forth in Exhibit “D” attached hereto and incorporated herein as if set out in full by this reference.
Section 3: Continued Effect of Original Plan and Project
Except as specifically set forth in the Third Amendment to the Plan and Project, the Plan and Projected originally adopted and amended for the Marquette TIF shall remain in full force and effect.
Section 4: Invalidity of Any Section
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 5: Superceded and Effective Date
All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this ordinance shall be in full force and effect upon its passage by the Corporate Authorities and its approval as provided by law and the annexation of the subject property.
Section 6: Severability
This Ordinance and every provision thereof, shall be considered severable. In the event that any court of competent jurisdiction may find and declare any word, phrase, clause, sentence, paragraph, provision or section or part of a phrase, clause, sentence, paragraph, provision or section of this Ordinance is void or unconstitutional, the remaining words, phrases, clauses, sentences, paragraphs and provisions and parts of phrases, clauses, sentences, paragraphs, provisions and sections not ruled void or unconstitutional shall continue in full force and effect.
Section 6: Publication and Effective Date
This Ordinance shall be published in pamphlet form, and shall be effective upon its passage and approval, as provided by law.