ORDINANCE
WHEREAS, special service areas may be established pursuant to Article VII, Sections 6(1) and 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., as amended from time to time and pursuant to the Property Tax Code, 35 ILCS 200/1-1 et seq., as amended from time to time; and
WHEREAS, on December 11, 2013, the City Council of the City of Chicago (the "City Council") enacted an ordinance (the "Establishment Ordinance") which established an area known and designated as City of Chicago Special Service Area Number 5 (the "Area") and authorized the levy of an annual tax for the period beginning in 2013 through and including 2027 not to exceed an annual rate of three percent (3%) of the equalized assessed value of the taxable property therein (the "Services Tax") to provide certain special services in and for the Area in addition to the services provided by and to the City of Chicago (the "City") generally (the "Special Services"); and
WHEREAS, the Establishment Ordinance established the Area as that territory consisting approximately of East 87th Street on the north to East 93rd Street on the south along South Commercial Avenue; East 91 st Street frontage from South Exchange Avenue on the west to South Houston Avenue on the east; South Exchange Avenue frontage between East 91st Street and East 92nd Street; East 92nd Street frontage from South Exchange Avenue on the west to South Harbor Avenue on the east; the east side of South Chicago Avenue between South Exchange Avenue and South Commercial Avenue; and South Burley Avenue frontage between East 92nd Street and East 93rd Street; and
WHEREAS, the Special Services authorized in the Establishment Ordinance include, but are not limited to: recruitment of new businesses to the Area, rehabilitation activities, maintenance and beautification activities, new construction, security, promotional and advertising activities, strategic planning for the Area, and other technical assistance activities to promote commercial and economic development (which may include, but are not limited to, streetscape improvements, strategic transit/parking improvement including parking management studies, and enhanced land use oversight and control initiatives); and
WHEREAS, the Establishment Ordinance provided for the appointment of the Commercial Avenue Special Service Area Commission (the "Commission") to recommend to the City Council, among other things, an entity to serve as a service provider (the "Service Provider") and an agreement between the City and the Service Provider for the provision of Special Services to the Area (the "Service Provider Agreement") (collectively, such recommendations are referred to herein as the "Recommendations"); and
WHEREAS, on November 1, 2016, the City Council approved, among other things, the levy and collection of the Services Tax for tax year 2016 and appropriated an amount not to exceed $587,816 (the "Appropriated Amount") for the provision of the Special Services during fiscal year 2017 (the "2016 Levy Ordinance"); and
WHEREAS, the 2016 Levy Ordinance anticipated that the City Council would be provided with a recommendation for a service provider and a service provider agreement for the expenditure of the Services Tax levied and collected in accordance" with the 2016 Levy Ordinance for the provision of the Special Services during fiscal year 2017; and
2017SSA5-Auth SPA ORD v3.doc
WHEREAS, the Commission has recommended to the Department of Planning and Development, the Mayor and the City Council that the City enter into an agreement with South Chicago Parents and Friends, Inc., an Illinois not-for-profit corporation, as the Service Provider for the provision of Special Services in and for the Area in fiscal year 2017; and
WHEREAS, the Commission has been duly appointed and qualified and has heretofore prepared and transmitted to the Commissioner of the Department of Planning and Development (the "Commissioner") its Recommendations to the City Council; now, therefore
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full.
SECTION 2. Service Provider Agreement. The Commissioner, or a designee of the Commissioner (each, an "Authorized Officer"), are each hereby authorized, subject to approval by the Corporation Counsel as to form and legality, to enter into, execute and deliver a Service Provider Agreement as authorized herein with South Chicago Parents and Friends, Inc., an Illinois not-for-profit corporation, as the Service Provider, for a term as described below, in a form acceptable to such Authorized Officer, along with such other supporting documents, if any, as may be necessary to carry out and comply with the provisions of the Service Provider Agreement. The budget as approved by the 2016 Levy Ordinance and attached to the 2016 Levy Ordinance as Exhibit A (the "Budget") shall be attached to the Service Provider Agreement as an exhibit. Upon the execution of the Service Provider Agreement and the receipt of proper documentation the Authorized Officer and the City Comptroller are each hereby authorized to disburse the Appropriated Amount to the Service Provider in consideration for the provision of the Special Services described in the Budget. The term of the Service Provider Agreement shall begin retroactively as of January 1, 2017 and cover the period through and including December 31, 2017. The Department of Planning and Development shall promptly make a copy of the executed Service Provider Agreement readily available for public inspection.
SECTION 3. Enforceability. 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. Conflict. This ordinance shall control over any provision of any other ordinance, resolution, motion or order in conflict with this ordinance, to the extent of such conflict.
SECTION 5. Effective Date. This ordinance shall take effect as of the date of its passage and approval.
2017SSA5-Auth SPA ORD v3.doc
of Planning and Development ctty of chicago
July 18,2017
TO THE HONORABLE CHAIRMAN, EDWARD M. BURKE AND MEMBERS OF THE COMMITTEE ON FINANCE OF THE CITY COUNCIL
Ladies and Gentlemen:
I transmit herewith an ordinance to enter into a Service Provider Agreement with South Chicago Parents and Friends, Inc. for SSA #5.
David L. Reifman Commissioner
12 1 NORTH LASALLE STREET, ROOM 1O00, CHICAGO, ILLINOIS 60602
Your favorable consideration of this ordinance will be appreciated. Very truly yours,
(§>
CHICAGO September 6. 2017
To the President and Members of the City Council:
Your Committee on Finance having had under consideration
A communication recommending a proposed ordinance authorizing the approval of a Service Provider Agreement for Special Service Area Number 5.
Direct Introduction
Having had the same under advisement, begs leave to report and recommend that your Honorable Body pass the proposed Ordinance Transmitted Herewith
This recommendation was concurred in by (ai^jva voce vote^)
of members of the committee with dissenting vote(s)T~ :—
(signed
Respectfully submitted
Chairman