OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
November 15, 2012
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Housing and Economic 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.
Very truly yours,
Mayor
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 (the "Code"); and
WHEREAS, on December 8, 2004, the City Council of the City of Chicago (the "City Council") enacted an ordinance which established an area known and designated as City of Chicago Special Service Area Number 31 (the "Original Area") and authorized the levy of an annual tax for the period beginning in tax year 2004 through and including tax year 2013 (the "Original Services Tax") in an amount not to exceed an annual rate of thirty-five one-hundredths of one percent (0.35%) of the equalized assessed value of the taxable property therein to provide certain special services in and for the Original Area in addition to the services provided by and to the City of Chicago generally; and
WHEREAS, on November 12, 2008 the City Council enacted an ordinance (the "Establishment Ordinance") which reestablished an area known and designated as City of Chicago Special Service Area Number 31 (the "Area") with reconstituted boundaries, terminated the authorization to levy the Original Services Tax, and authorized the levy of an annual tax, for the period beginning in tax year 2008 through and including tax year 2017, not to exceed an annual rate of thirty-two one-hundredths of one percent (0.32%) 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, the Establishment Ordinance established the Area consisting of Lawrence Avenue from Leavitt to Clark Street; Clark Street from Ainslie Street to Montrose Avenue; Montrose Avenue from Clark Street to Seeley Avenue; Ravenswood Street from Lawrence Avenue to Addison Street; Irving Park Road from Ravenswood Street to Ashland Avenue; Damen Avenue from Wilson Avenue to Argyle Street; and the Ravenswood Hospital site including Wilson Avenue to Hermitage Avenue; and
WHEREAS, the Special Services authorized in the Establishment Ordinance include maintenance and beautification activities including, but not limited to; sidewalk cleaning, snow plowing, and landscaping; security programs; recruitment and promotion of new businesses to the Area and retention and promotion of existing businesses within the Area; coordinated marketing and promotional activities; strategic planning for the general development of the Area; financing of storefront facade improvements; parking and transit programs; and other technical assistance activities to promote commercial and economic development; and
WHEREAS, notwithstanding any provision of any other ordinance (including but not limited to the Establishment Ordinance) to the contrary, the Department of Housing and Economic Development ("DHED") has heretofore prepared and transmitted to the City Council its recommendations for a budget to provide the Special Services in the Area for the fiscal year commencing January 1, 2013, and has advised the Mayor and the City Council concerning the
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Services Tax for the tax year 2012 for the purpose of providing funds necessary to provide the Special Services; and
WHEREAS, the DHED anticipates that in the future it will recommend the execution of an agreement with a service provider for the provision of the Special Services in and for the Area in fiscal year 2013 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. 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:
SPECIAL SERVICE AREA NUMBER 31 BUDGET
For the fiscal year commencing January 1, 2013 and ending December 31, 2013.
EXPENDITURES
Service Provider Agreement for the provision of Special
Services $437,287
TOTAL BUDGET REQUEST $437,287
SOURCE OF FUNDING Tax levy at an annual rate not to exceed thirty-two one-hundredths of one percent (0.32%) of the equalized assessed value, of the taxable property within
Special Service Area Number 31 $268,435
Carryover funds currently available
from prior tax years $154,560
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, in an amount not to exceed five percent (5%) of the Services Tax for
tax year 2011 $14,292
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SECTION 3. Levy of Taxes. There is hereby levied pursuant to the provisions of Article VII, Sections 6(a) and 6(l)(2) of the Constitution of the State of Illinois and pursuant to the provisions of the Act and pursuant to the provisions of the Establishment Ordinance, the sum of $268,435 as the amount of the Services Tax for the tax year 2012.
SECTION 4. Filing. The City Clerk of the City of Chicago (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 25, 2012, 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 2012 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 extended against all taxable property within the Area.
SECTION 5. 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 6. 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 7. 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 8. Effective Date. This ordinance shall take effect 10 days after its passage and publication.
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