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 (the "Act") and pursuant to the Property Tax Code, 35 ILCS 200/1-1 et seq., as amended from time to time; and
WHEREAS, on October 7, 1993, the City Council of the City of Chicago (the "City Council") enacted an ordinance establishing a special service area known and designated as City of Chicago Special Service Area Number 14 to provide special governmental services in the area in addition to services provided generally by the City of Chicago and authorizing a real property tax not to exceed an annual rate of forty-one one-hundredths of one percent (0.41%) ofthe equalized assessed value of all property within the area to provide such services for a period of four years (the "Initial Levy Period"), which such ordinance was amended on March 9, 1995; and
WHEREAS, the Initial Levy Period has expired; and
WHEREAS, on December 10, 1997, the City Council enacted an ordinance which again established a special service area known and designated as City of Chicago Special Service Area Number 14 and authorized the levy of an annual tax for the period beginning in 1997 through and including 2000 (the "Second Levy Period"), not to exceed an annual rate of forty-one one-hundredths of one percent (0.41%) ofthe equalized assessed value ofthe taxable property therein to provide certain special services in and for the area in addition to the services provided by and to the City of Chicago generally; and
WHEREAS, the Second Levy Period has expired; and
WHEREAS, on December 5, 2001, the City Council enacted an ordinance which again established a special service area known and designated as City of Chicago Special Service Area Number 14 and authorized the levy of an annual tax, for the period beginning in 2001 through and including 2004 (the "Third Levy Period"), not to exceed the sum of forty-one one-hundredths of one percent (0.41 %) of the equalized assessed value of the taxable property therein to provide certain special services in and for the area in addition to the services provided by and to the City of Chicago generally; and
WHEREAS, the Third Levy Period has expired; and
WHEREAS, on December 7, 2005, the City Council enacted an ordinance which again established a special service area known and designated as City of Chicago Special Service Area Number 14 and authorized the levy of an annual tax, for the period beginning in 2005 through and including 2007 (the "Fourth Levy Period"), not to exceed the sum of forty-one one-hundredths of one percent (0.41%) ofthe equalized assessed value ofthe taxable property therein to provide certain special services in and for the area in addition to the services provided by and to the City of Chicago generally; and
WHEREAS, the Fourth Levy Period has expired; and
WHEREAS, on November 12, 2008, the City Council enacted an ordinance which again established a special service area known and designated as City of Chicago Special Service Area
Number 14 and authorized the levy of an annual tax, for a period of five (5) years beginning in 2008 through and including 2012 (the "Fifth Levy Period"), not to exceed the sum of forty-one one-hundredths of one percent (0.41 %) of the equalized assessed value of the taxable property therein to provide certain special services in and for the area in addition to the services provided by and to the City of Chicago generally; and
WHEREAS, the Fifth Levy Period has expired; and
WHEREAS, on December 11, 2013, the City Council enacted an ordinance (the "Establishment Ordinance") which established an area known and designated as City of Chicago Special Service Area Number 14 (the "Area") and authorized the levy of an annual tax, for the period beginning in 2013 through and including 2017, not to exceed an annual rate of forty-one one-hundredths of one percent (0.41 %) 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 generally (the "Special Services"); and
WHEREAS, certain funds in Fund 392 ("Fund 392") in the amount of $216 are available for use in connection with the Area; and
WHEREAS, the Establishment Ordinance established the Area as that territory consisting approximately of West Marquette Road on the north, 75th Street on the south, Kedzie Avenue on the west and Bell Avenue on the east; and
WHEREAS, the Special Services authorized in the Establishment Ordinance include, but are not limited to; security services provided in the Area, including the administration necessary for the implementation of such security services; coordinated marketing and promotional activities; business retention and recruitment; area strategic planning; and other technical assistance activities to promote community and economic development; and
WHEREAS, the Establishment Ordinance provided for the appointment of the Marquette Park Special Service Area Commission (the "Commission") to advise the City Council regarding the amount of the Services Tax to be levied and for the purpose of recommending to the City Council: (1) a yearly budget based upon the cost of providing the Special Services; (2) an entity to serve as a service provider (the "Service Provider"); (3) an agreement between the City and the Service Provider for the provision of Special Services to the Area (the "Service Provider Agreement"); and (4) a budget to be included in the agreement between the City and the Service Provider (the "Budget") (the aforementioned items 1 through 4 shall be known collectively herein as the "Recommendations"); and
WHEREAS, the Commission has heretofore prepared and transmitted to the Commissioner of the Department of Planning and Development (the "Commissioner") its Recommendations to the City Council, including the Budget attached hereto as Exhibit A and hereby made a part hereof; 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.
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SECTION 2. Appropriations. There is hereby appropriated the following sums in the amounts and for the purposes necessary to provide the Special Services in and for the Area, the estimated amounts of miscellaneous income and the amounts required to be raised by the levy of the Services Tax indicated as follows:
MARQUETTE PARK SPECIAL SERVICE AREA COMMISSION SPECIAL SERVICE AREA BUDGET
For the fiscal year commencing January 1, 2018 and ending December 31, 2018.
EXPENDITURES
Service Provider Agreement for the provision of Special
Services $619,152 TOTAL BUDGET REQUEST $619,152
$216 $95,000
SOURCE OF FUNDING Tax levy at an annual rate not to exceed forty-one one-hundredths of one percent (0.41%) ofthe equalized assessed value, of the taxable property within Special Service
Area Number 14 $492,580
Fund 392
Carryover funds currently available from prior tax years
Late collections received by the City of Chicago
attributable to the levy of the Services Tax
in prior tax years, along with interest income
thereon, if any. $31,356
SECTION 3. Levy of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(l)(2) ofthe Constitution ofthe State of Illinois and pursuant to the provisions of the Act and pursuant to the provisions of the Establishment Ordinance, the sum of $492,580 as the amount of the Services Tax for the tax year 2017.
SECTION 4. Filing. The City Clerk of the City (the "City Clerk") is hereby ordered and directed to file in the Office of the County Clerk of Cook County, Illinois (the "County Clerk") a certified copy of this ordinance on or prior to December 26, 2017, and the County Clerk shall thereafter extend for collection together with all other taxes to be levied by the City of Chicago, the Services Tax herein provided for, said Services Tax to be extended for collection by the County Clerk for the tax year 2017 against all the taxable property within the Area, the amount of the Services Tax herein levied to be in addition to and in excess of all other taxes to be levied and
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extended against all taxable property within the Area.
SECTION 5. 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 Lithuanian Human Services Council ofthe USA, Inc., an Illinois not-for-profit corporation, as the Service Provider, for a one-year term 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 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 sums appropriated in Section 2 above to the Service Provider in consideration for the provision of the Special Services described in the Budget. The Department of Planning and Development shall promptly make a copy of the executed Service Provider Agreement readily available for public inspection.
SECTION 6. 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 7. 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 8. Publication. This ordinance shall be published by the City Clerk, in special pamphlet form, and made available in her office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance.
SECTION 9. Effective Date. This ordinance shall take effect 10 days after its passage and publication.
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extended against all taxable property within the Area.
SECTION 5. 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 Lithuanian Human Services Council ofthe USA, Inc., an Illinois not-for-profit corporation, as the Service Provider, for a one-year term 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 ofthe Service Provider Agreement. 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 sums appropriated in Section 2 above to the Service Provider in consideration for the provision ofthe Special Services described in the Budget. The Department of Planning and Development shall promptly make a copy of the executed Service Provider Agreement readily available for public inspection.
SECTION 6. 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 7. 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 8. Publication. This ordinance shall be published by the City Clerk, in special pamphlet form, and made available in her office for public inspection and distribution to members of the public who may wish to avail themselves of a copy of this ordinance.
SECTION 9. Effective Date. This ordinance shall take effect 10 days after its passage and publication.
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1
Exhibit A Budget
|
|
Special Service Area # |
14 |
|
Service Provider Agency: |
Lithuanian Human Services Council ofthe USA, Inc. |
2018 BUDGET SUMMARY
Budget and Services Period: January 1, 2018 through December 31, 2018
|
|
2017 Levy |
|
|
CATEGORY |
Collectable Levy |
Estimated
Loss Collection |
Carry Over |
TIF Rebate Fund #392 |
Estimated
Late Collections and Interest |
Total All Sources 2018 Budget |
|
1.00 Customer Attrsciicn |
$3,000 |
$0 |
$2,000 |
$216 |
$0 |
$5,216 |
|
2.00 Public Way Aesthetics |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
|
3.00 Sustainability and Public Places |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
|
4.00 Economic/ Business Development |
$5,000 |
$0 |
$65,000 |
$0 |
$0 |
$70,000 |
|
5.00 Safety Programs |
$367,582 |
$31,356 |
$28,000 |
$0 |
$31,356 |
$458,294 |
|
6.00 SSA Management |
$44,950 |
$0 |
$0 |
$0 |
$0 |
$44,950 |
|
7.00 Personnel |
$40,692 |
$0 |
|
$0 |
$0 |
$40,692 |
|
|
Sub-total |
$461,224 |
$31,356 |
|
|
|
^^^^^^^^^^ |
|
GRAND TOTALS |
Levy Total |
$492,580 |
$95,000 |
$216 |
$31,356 |
$619,152 |
|
LEVY ANALYSIS |
|
Estimated 2017 EAV: |
$120,911,858 |
|
Authorized Tax Rate Cap: |
0.410% |
|
Maximum Potential Levy limited by Rate Cap: |
$495,739 |
|
Requested 2017 Levy Amount |
$492,580 |
|
Estimated Tax Rate to Generate 2017 Levy |
0.41% |
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
November 21, 2017
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinances authorizing a scope of services, budget and management agreement for various Special Service Areas.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
CHICAGO December 13.2017
To the President and Members of the City Council:
Your Committee on Finance having had under consideration
An ordinance authorizing the imposition of a tax levy, the approval of the 2018 budget, and the approval of the Service Provider Agreement for Special Service Area Number 14.
02017-8415
Amount of Levy: $492,580
Having had the same under advisement, begs leave to report and recommend that your Honorable Body pass the proposed Ordinance Transmitted Herewith.
a viva voce vob;
This recommendation was concurred in by
of members of the committee with dissentl