OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT MAYOR
February 24, 2021
TO THE IIONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith ordinances authorizing the execution of intergovernmental agreements with the Chicago Park District regarding expenditure of TIF funds for park improvements and playground repairs.
Your favorable consideration of these ordinances will be appreciated.
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Chicago Park District (the "Park District"), is an Illinois municipal corporation and a unit of local government under Article VII, Section 1 of the 1970 Constitution of the State of Illinois, and as such is authorized to exercise control over and supervise the operation of all parks within the corporate limits of the City; and
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 ef seq., as amended from time to time (the "Act"), to finance projects that eradicate blight conditions and conservation factors that could lead to blight through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, under 65 ILCS 5/11-74.4-3(q)(7), incremental ad valorem taxes, which pursuant to the Act, have been collected and are allocated to pay redevelopment project costs and obligations incurred in the payment thereof ("Increment") may be used to pay all or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of a redevelopment plan and project, to the extent the municipality by written agreement accepts and approves such costs; and
WHEREAS, the Park District is a taxing district under the Act; and
WHEREAS, the Park District is engaged in an ongoing program of construction and renovation projects at its parks and other Park District facilities ("Park Projects"); and
WHEREAS, an ordinance with record number 02021-442 was introduced at the January 27, 2021 meeting of the City Council of the City (the "City Council") with a form of an intergovernmental agreement attached thereto for a project at Donovan Park (the "Form Agreement"); and
WHEREAS, the Park District owns a park identified in Exhibit A (the "Park") located on the property identified and legally described in Exhibit A (the "Property"); and
WHEREAS, the Park District desires to undertake certain improvements to the Park as identified in Exhibit A (the "Project"); and
WHEREAS, the Property lies wholly within the boundaries of the Redevelopment Area (as hereinafter defined); and
WHEREAS, in accordance with the provisions of the Act, the City Council: (i) approved and adopted a redevelopment plan and project (the "Plan") for a portion of the City identified on Exhibit A (the "Redevelopment Area"); (ii) designated the Redevelopment Area as a "redevelopment project area"; and (iii) adopted tax increment allocation financing for the Redevelopment Area, pursuant to ordinances (collectively, the "TIF Ordinances") adopted on the date (or dates, if subsequently amended) and published in the Journal for such date(s), identified on Exhibit A; and
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WHEREAS, Increment collected from the Redevelopment Area shall be known as the "Redevelopment Area Increment"; and
WHEREAS, the Department of Planning and Development of the City desires to use a portion of the Redevelopment Area Increment in an amount not to exceed the amount identified in Exhibit A for the purpose of wholly or partially funding certain costs of the Project (the "TIF-Funded Improvements") to the extent and in the manner provided in this ordinance and the Agreement (as hereinafter defined); and
WHEREAS, a detailed budget for the Project (the "Project Budget") and an itemized list of the TIF-Funded Improvements are each incorporated into Exhibit A; and
WHEREAS, the Plan contemplates that tax increment financing assistance would be provided for public improvements, such as the Project, within the boundaries of the Redevelopment Area; and
WHEREAS, in accordance with the Act, the TIF-Funded Improvements shall include such of the Park District's capital costs necessarily incurred or to be incurred in furtherance of the objectives of the Plan, and the City has found that the TIF-Funded Improvements consist of the cost of the Park District's capital improvements that are necessary and directly result from the redevelopment project constituting the Project and, therefore, constitute "taxing districts' capital costs" as defined in Section 5/11-74.4-3(u) of the Act; and
WHEREAS, the City and the Park District wish to enter into an intergovernmental agreement in substantially similar form to the Form Agreement, substituting the Project-specific terms with the information contained in Exhibit A. whereby the City shall pay for or reimburse the Park District for the TIF-Funded Improvements related to the Project (the "Agreement"); now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein.
SECTION 2. The City hereby finds that the TIF-Funded Improvements, among other eligible redevelopment project costs under the Act approved by the City, consist of the cost of the Park District's capital improvements that are necessary and directly result from the redevelopment project constituting the Project and, therefore, constitute "taxing districts' capital costs" as defined in Section 5/11-74.4-3(u) of the Act.
SECTION 3. The Commissioner of Planning and Development and a designee are each hereby authorized, subject to approval by the City's Corporation Counsel, to negotiate, execute and deliver the Agreement and such other documents as may be necessary to carry out and comply with the provisions of the Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Agreement on behalf of the City.
SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision
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shall not affect any other provisions of this ordinance.
SECTION 5. This ordinance shall be in full force and effect from and after the date of its passage and approval.
|1010|EXHIBIT A
1. 2.
a. b: c:
Park: Big Marsh Property:
Common Address: 11555 S. Stony Island Avenue, Chicago, IL 60617 Legal Description: see attached Permanent Index Numbers ("PINS"):
25-13-300-006-0000, 25-13-300-007-0000, 25-13-300-008-0000, 25-13-301-049-0000, 25-13-302-001-0000, 25-13-302-002-0000, 25-13-302-003-0000, 25-13-302-004-0000, 25-13-302-049-0000, 25-13-303-049-0000, 25-13-305-011-0000, 25-13-305-012-0000, 25-13-305-035-0000, 25-13-305-049-0000,25-13-305-050-0000, 25-13-305-051-0000, 25-13-305-052-0000, 25-13-306-049-0000, 25-13-307-049-0000, 25-13-308-049-0000, 25-13-400-007-0000, 25-24-100-001-0000, 25-24-100-002-0000, 25-24-100-006-0000, 25-24-200-001-0000
4. 5.
Project: The expansion of the Big Marsh Nature Preserve will include the development of a multi-use accessible trail around the perimeter of the park, boardwalks over wetlands/marsh, development of pavilions, overlooks and camping platforms. Planned improvements will also include a new entry plaza and nature interpretive signage.
Amount of Redevelopment Area Increment: Not to exceed $1,500,000 Project Budget:
Sources
Lake Calumet Industrial TIF
$1,500,000
Uses
Multi-use trail including boardwalks and observation overlooks. Site amenities including pavilions, plaza, and camping platform. Total
Amount
$1,000,000
$500,000
$1,500,000
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Redevelopment Area: Lake Calumet Industrial Redevelopment Project Area
Date of adoption and Journal page numbers of TIF Ordinances (including any amendments): Under ordinances adopted on December 13,2000, and published in the Journal of Proceedings (the "Journal") for the City Council of the City (the "City Council") for such date at pages 47783 to 47996, the City Council: (i) approved a redevelopment plan and project (the "Lake Calumet Industrial Plan") for the Lake Calumet Industrial Redevelopment Project Area; (ii) designated the Lake Calumet Industrial Redevelopment Project Area as a "redevelopment project area" within the requirements of the Act; and; and (iii) adopted tax increment financing for the Lake Calumet Industrial Redevelopment Project Area. The Lake Calumet Industrial Plan was amended pursuant to ordinances adopted on November 13, 2002, November 19, 2008, and October 31, 2018.
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LEGAL DESCRIPTION
PARCEL 1:
THAT PART OF THE SOUTH 1/2 OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHWEST FRACTIONAL QUARTER OF FRACTIONAL SECTION 24. TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF A STRIP OF LAND DEDICATED FOR STREET PURPOSES BY THE NORTH AMERICAN PROVISION COMPANY, A CORPORATION OF ILLINOIS, BY PLAT OF DEDICATION DATED AUGUST 8, 1923 AND RECORDED AUGUST 11. 1925, IN BOOK 20399, PAGE 36, AS DOCUMENT NUMBER 9002362, SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: A STRIP OF LAND 50 FEET WIDE LYING EAST OF AND ADJOINING A LINE PARALLEL TO AND 2000 FEET WEST OF THE NORTH AND SOUTH CENTER LINE OF FRACTIONAL SECTION 24, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND EXTENDING FROM THE NORTH LINE PRODUCED WEST OF SOUTH FRACTIONAL HALF OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID FRACTIONAL SECTION 24 TO THE SOUTH LINE PRODUCED WEST OF SAID SOUTH FRACTIONAL HALF TO NORTHWEST FRACTIONAL QUARTER OF NORTHWEST FRACTIONAL QUARTER OF SAID FRACTIONAL SECTION 24 IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THE NORTHWEST 1/4 (EXCEPT THE RAILROAD) OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 4:
THE WEST 1/2 OF THE SOUTH EAST 1/4 SOUTH OF THE INDIAN BOUNDARY LINE OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM ALL RAILROAD RIGHT OF WAY NOW LAID OUT AND EXISTING ACROSS SAID PREMISES IN COOK COUNTY, ILLINOIS.
PARCEL 5:
LOTS 1 TO 48 INCLUSIVE IN BLOCK 18; LOTS 1 TO 44 INCLUSIVE IN BLOCK 19; LOTS 1 TO 48 iNCLUSIVE IN BLOCK 20; LOTS 1 TO 10, 12 TO 36 AND 39-48, ALL INCLUSIVE, IN BLOCK 21; LOTS 1 TO 48 INCLUSIVE IN BLOCK 22; LOTS 1 TO 48 INCLUSIVE IN BLOCK 23, AND LOTS 1 TO 48 INCLUSIVE IN BLOCK 24, ALL IN LANGLEY'S SUBDIVISION OF THE NORTHEAST 1/4 OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 13. TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS. PARCEL 6:|1010|
PARCEL "A": THAT PART OF FRACTIONAL NORTHWEST 1/4 OF THE FRACTIONAL SOUTHWEST 1/4 OF SECTION 13, SOUTH OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE PERMANENT BOUNDARY LINE, ESTABLISHED BY DECREE ENTERED IN CASE "B"-124058, CIRCUIT COURT OF COOK COUNTY. ILLINOIS (EXCEPT THAT PART THEREOF FALLING IN STONY ISLAND AVENUE) AND (EXCEPT THAT PART DESCRIBED AS FOLLOWS:: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL A; THENCE SOUTH 24 DEGREES 49 MINUTES 28 SECONDS EAST, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A, A DISTANCE OF 30.37 FEET TO A POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 70.00 FEET TO A POINT: THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO A POINT IN THENORTHERLY BOUNDARY LINE OF PARCEL A, SAID POINT BEING 90.00 FEET EASTERLY OF THESAID MOST NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 89 DEGREES 57 MINUTES 30 SECONDS WEST ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL A, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING); IN COOK COUNTY, ILLINOIS.
PARCEL "B": THAT PART OF THE FRACTIONAL NORTHEAST 1/4 OF THE FRACTIONAL SOUTHWEST 1/4 OF THE FRACTIONAL SOUTHWEST 1/4 OF SECTION 13, SOUTH OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE PERMANENT BOUNDARY LINE, ESTABLISHED BY DECREE ENTERED IN CASE "B"-124058, CIRCUIT COURT OF COOK COUNTY, ILLINOIS (EXCEPT THAT PART THEREOF FALLING IN STONY ISLAND AVENUE); ALL IN COOK COUNTY, ILLINOIS.
PARCEL 7:
THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 13, SOUTHOF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 37 NORTH , RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE INNER OR LAND OR EASTERLY SIDE OF THE PERMANENT BOUNDARY LINES ESTABLISHED IN CASES "B"-90106 AND "B"-124058, CIRCUIT COURT OF COOK COUNTY, ILLINOIS, EXCEPT THAT PART THEREOF, IF ANY, WHICH IS INCLUDED IN PARCEL 6 ABOVE, AND EXCEPT THAT PART THEREOF FALLING IN STONY ISLAND AVENUE IN COOK COUNTY, ILLINOIS.
PARCEL 8:
THE NORTH 1/2 OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART LYING WEST OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF FRACTIONAL SECTION 24 AFORESAID WITH A LINE PARALLEL TO AND 2000 FEET WEST OF THE NORTH AND SOUTH CENTER LINE OF SAID SECTION; THENCE SOUTH ON SAID PARALLEL LINE TO THE SOUTH LINE PRODUCED WEST, OF SAID FRACTIONAL HALF OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHWEST % OF SAID SECTION) AND EXCEPT THE NORTH 33.0 FEET DEDICATED FOR EAST 114TH STREET AND EXCEPT THE WEST 50 FEET DEDICATED FOR SOUTH STONY ISLAND AVENUE BOTH BY DOCUMENT 9002363 RECORD AUGUST 11, 1925, IN COOK COUNTY, ILLINOIS
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