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HomeMy WebLinkAboutORDINANCE - 3568 - 9/11/2018 - Oakton/Higgins TIF allocation fundORDINANCE NO.3568 AN ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AUTHORIZING CERTAIN ADVANCES FROM THE VILLAGE REVENUE FUNDS TO THE OAKTON/HIGGINS CORRIDOR TIF ALLOCATION FUND TO PAY FOR ELIGIBLE TAX INCREMENT COSTS WHEREAS, the Village of Elk Grove Village, Cook and DuPage Counties, Illinois (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 the Tax Increment Allocation Redevelopment Act, 65 ILCS § 5/11- 74.4-1, et seq. ("Act'), the Village adopted Ordinance No. 3530 designating the Village of Elk Grove Village Oakton/Higgins Corridor TIF Redevelopment Project Area ('Area') and Ordinance No. 3529 approving the Village of Elk Grove Village Oakton/Higgins Corridor Tax Increment Financing Redevelopment Plan ("Plan') and Project ("Project'). The Plan and Project will be valid for not more than a period of twenty-three years ("Term') as permitted by the Act; and WHEREAS, Section 11-74.4-8 of the Act provides for the creation of a Special Tax Allocation Fund ("Allocation Fund') for each TIF Area and for the County Treasurer to deposit all increment, as that term is defined in the Act, into said Allocation Fund; the Village has the authority to pledge the Allocation Fund to repay obligations issued pursuant to the Act; and WHEREAS, the Village has determined certain eligible infrastructure improvements set forth in the Plan may need to be constructed within the Area prior to there being monies available for such improvements in the Allocation Fund; and WHEREAS, the Village has agreed to authorize the advance funds ("Advances') from its General Fund ("General Fund'), Business Leaders Forum ("BLF') Fund, Capital Projects Fund ("Capital Projects Fund') and/or Water & Sewer Fund ("Water & Sewer Fund') to the Allocation Fund to finance the necessary TIF eligible improvements as permitted by the Act and to use funds from the Allocation Fund to repay said Advances as increment becomes available; and WHEREAS, the Village desires to adopt this ordinance in order to authorize the Mayor and Village staff to make such Advances as may be deemed necessary by the Mayor or his designee; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois in the exercise of its home rule powers, as follows: Section 1: The above recitals are incorporated herein and made a part hereof, and Section 2: In the event the Village determines that improvements approved in the Plan need to be made in the Area, prior to there being monies on account in the Allocation Fund, the Village is hereby authorized to make Advances from time to time from the Village's General, BLF, Capital Projects Fund and/or Water & Sewer Funds accordingly to the Allocation Fund; the total amount of outstanding Advances shall not exceed that amount authorized in the TIF budget. Section 3: The Director of Finance or her designee shall note the date and amount of each Advance, the due date, and create a reasonable schedule for repayment and term with payment due on April 1 and October 1 of each calendar year. No Advance shall have a repayment date greater than the expiration of the Term. Section 4: In the event revenues on account in the Allocation Fund are insufficient to make scheduled payments on the Advances or are otherwise pledged, interest shall accrue on the balance of any outstanding Advance at an annual rate of six (6%) percent and interest due but unpaid on a payment date shall be added to the amount of the Advance. Outstanding Advances to the Allocation Fund shall become obligations as that term is defined in Section 11-74.4-7 of the Act and the total of outstanding Advances shall be reported as obligations to the State Comptroller when the Village submits the required Annual Reports. Section 5: The Village hereby pledges the revenue on account in the Allocation Fund to repay Advances. The Village reserves the right to issue other obligations secured by monies in the Allocation Fund, the repayment of which, at the sole discretion of the Village Manager, may be subordinate to or have priority over the repayment of the Advances. Any Advances due and owing shall become null and void upon the expiration of the Term. Section 6: 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 7: All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 8: That this Ordinance shall be in full force and effect immediately upon its passage by Corporate Authorities and approval as provided by law. VOTE: AYES:6 NAYS:0 ABSENT:0 PASSED this 11" day of September 2018. APPROVED this 111h day of September 2018. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk