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An Ordinance of the Village of Romeoville, Will County, Illinois, Approving A Tax Increment Redevelopment Plan and Redevelopment Project for the “Normantown/Weber Road” Redevelopment Project Area
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WHEREAS, the President and Board of Trustees (the “Corporate Authorities”) of the Village of Romeoville, Will County, Illinois (the “Village”), have determined that “Blighted Vacant Areas” as defined by the Tax Increment Allocation Finance Act (65 ILCS 5/11-74.4-1 et seq.) (the “TIF Act”) detract from the stable economic and physical development of those areas which are endangered by the presence of blighting factors as defined in the Act that prevent or threaten the healthy economic and physical development of properties in a manner that the Village deems essential to its overall economic health, that there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment and unmarketability of property so that the deterioration of these areas impairs the value of private investments and threatens the sound growth and the tax base of the Village and the taxing districts having the power to tax real property in the Village (the “Taxing Districts”) and threatens the health, safety, morals and welfare of the public; and
WHEREAS, the Corporate Authorities have determined that in order to promote and protect the health, safety, morals and welfare of the public that redevelopment of the area legally described in Exhibit A hereto (the “Proposed Area”) of the Village be undertaken and that to prevent, remove and alleviate adverse conditions in the Proposed Area it is necessary to encourage private investment and restore and enhance the tax base of the Village and the Taxing Districts by such redevelopment; and
WHEREAS, the Village has heretofore evaluated various lawfully available programs to provide such assistance and has determined that the use of Tax Increment Allocation Financing pursuant to the TIF Act is necessary to achieve the redevelopment goals of the Village for the Proposed Area; and
WHEREAS, the Village has heretofore caused to be created a Qualification Report to determine whether the Proposed Area qualifies as a “Redevelopment Project Area” pursuant to the TIF-Act, which study was conducted by Kane, McKenna and Associates, Inc. (“Kane McKenna”) and
WHEREAS, Kane McKenna has a national reputation for expertise in tax increment allocation and redevelopment financing in the State of Illinois; and
WHEREAS, Kane McKenna has heretofore concluded and has advised the Village by means of a written “Qualification Report” that the Proposed Area qualifies as a “Blighted Vacant Area” under Section 11-74.4-3 of the TIF Act; and
WHEREAS, the Eligibility Report has been made available for public inspection and has been distributed in accordance with the TIF Act; and
WHEREAS, the Village has further caused Kane McKenna to prepare, and the Village has made available for public inspection and distribution, a proposed Redevelopment Plan and Project for the Proposed Area (the “Plan” and “Project”); and
WHEREAS, the Plan and Project sets forth in writing the program to be undertaken to accomplish the objectives of the Village and includes estimated redevelopment project costs proposed for the Proposed Area, evidence indicating that the Proposed Area on the whole has not been subject to growth and development through investment by private enterprise, an assessment of the financial impact of the Proposed Area on or any increased demand for services from any Taxing District affected by the Plan and any program to address such financial impact or increased demand, the sources of funds to pay costs, the nature and term of the obligations to be issued, the most recent equalized assessed valuation of the Proposed Area, an estimate as to the equalized assessed valuation after redevelopment and the general land uses to apply in the Proposed Area, a commitment to fair employment practices and an affirmative action plan, and all other matters required by the TIF Act and the Plan and Project accordingly complies in all material respects with the requirements of the TIF Act; 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 Plan and Project, the designation of the Proposed Area as a redevelopment project area and the implementation of tax increment financing 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 Plan and Project and the Eligibility Report 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 31 and September 2, 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 Village has heretofore convened a Joint Review Board as required by and in all respects in compliance with the provisions of the TIF Act; 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 Plan and Project, designating a redevelopment project area and adopting tax increment allocation financing; 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 establishing a tax increment financing district in the Proposed 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 Plan and Project sets forth in writing the program to be undertaken to accomplish the objectives of the Village, and the Corporate Authorities have reviewed the information concerning such factors presented at the Hearing and have reviewed other studies and are generally informed of the conditions in the Proposed Area which could cause the area to be a combination “Blighted Vacant Area” as defined in the TIF Act; and
WHEREAS, the Corporate Authorities have reviewed evidence indicating that the Proposed Area on the whole has not been subject to growth and development through investment by private enterprise and have reviewed the conditions pertaining to lack of private investment in the Proposed Area to determine whether the Proposed Area would reasonably be anticipated to be developed in accordance with public goals stated in the Plan and Project without the adoption of the proposed Plan and Project; and
WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the Proposed Area to determine whether the Proposed Area is contiguous and that there exist conditions that cause the Proposed Area to be classified as a Redevelopment Project Area under the TIF Act; and
WHEREAS, the Corporate Authorities have made an assessment of any financial impact of the Proposed Area on or any increased demand for services from any taxing district affected by the Plan and Project and any program to address such financial impact or increased demand; and
WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also the comprehensive plan for development of the Village as a whole to determine whether the proposed Plan and Project conform to the comprehensive plan of the Village; 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 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) There exist conditions which cause the Proposed Area to be subject to designation as a Redevelopment Project Area under the TIF Act and to be classified as a Blighted Vacant Area as defined by the TIF Act.
(3) The Proposed 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 in accordance with public goals stated in the Plan without the adoption of the Plan.
(4) The Plan and Project conforms to the Village’s Comprehensive Plan (“The Comprehensive Plan”).
(5) As set forth in the Plan and in the testimony at the public hearing, the estimated date of completion for the Project and Retirement of Obligations is not later than December 31of the year in which payment to the Village Treasurer as provided by the Act is made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which this ordinance was adopted.
(6) The parcels of real property in the Proposed Area are contiguous, and the Proposed Area is not less in the aggregate than 1 and 1/2 acres.
(7) All other findings as set forth in the Plan and Project.
Section 2: Exhibits Incorporated by Reference
The Plan and Project which were the subject matter of the Hearing held on September 19, 2018 are hereby adopted and approved. A copy of the Plan and Project together with the Qualification Report are 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
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: 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 5: 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.