O-86-68ORDINANCE NO. 0 -86 -68
ORDINANCE AUTHORIZING THE ALLOCATION OF THE INCREASE IN
THE AGGREGATE AMOUNT OF TAXES PAID BY RETAILERS AND
SERVICEMEN PURSUANT TO THE MUNICIPAL RETAILERS' OCCUPA-
TION TAX ACT, THE MUNICIPAL SERVICE OCCUPATION TAX ACT,
THE RETAILERS' OCCUPATION TAX ACT, THE USE TAX ACT, THE
SERVICE USE TAX ACT AND THE SERVICE OCCUPATION TAX ACT
ON BUSINESS TRANSACTIONS LOCATED WITHIN A REDEVELOPMENT
PROJECT AREA IN THE VILLAGE OF DEERFIELD, ILLINOIS
WHEREAS, President and Board of Trustees of the Village
of Deerfield, Illinois has adopted and approved a Redevelopment
Plan and a Redevelopment Project for an area to be designated as
a Redevelopment Project Area by the Village pursuant to an
ordinance adopted by said President and Board of Trustees on
December 15, 1986 and entitled "Ordinance Approving.A Tax
Increment Redevelopment Plan and Redevelopment Project in the
Village of Deerfield, Illinois" (the "Plan Ordinance ") and has
designated and legally described said area as a Redevelopment
Project Area and adopted Tax Increment Financing for said Rede-
velopment Plan pursuant to an ordinance adopted by the President
and Board of Trustees of the Village on December 15, 1986 (the
"Tax Increment Ordinance "); and
WHEREAS, the Tax Increment Ordinance provides that all
incremental property tax revenues generated in the Redevelopment
Project Area shall be deposited in the "Village Center Special
Tax Allocation Fund of the Village established by the Tax
Increment Ordinance for the purpose of paying Redevelopment Proj-
ect Costs relating to the Redevelopment Project Area and
obligations incurred in the payment thereof; and
WHEREAS, Section 11- 74.4 -8a of the Tax Increment Allo-
cation Redevelopment Act, Illinois Revised Statutes, Chapter 24,
Sections 11- 74.4 -1, et seq. (the "Act "), provides that a munici-
pality which has adopted tax increment allocation financing prior
to January 1, 1987, may, by ordinance, authorize the Illinois
Department of Revenue to annually certify and cause to be paid to
such municipality an amount equal to the increase in the aggre-
gate amount of taxes paid by retailers and servicemen on transac-
tions at places of business located within a designated rede-
velopment project area pursuant to the Municipal Retailers' Occu-
pation Tax Act, the Municipal Service Occupation Tax Act, the
Retailers' Occupation Tax Act, the Use Tax, the Service Use Tax
Act and the Service Occupation Tax Act, for as long as the rede-
velopment project area exists, over and above the aggregate
amount of such taxes as certified by the Illinois Department of
Revenue paid under those Acts by retailers and servicemen on
transactions at places of business located in the redevelopment
project area during the base year which is the calendar year
immediately prior to the year in which the municipality adopted
tax increment allocation financing, less 1.60 of such amounts
generated under the Retailers' Occupation Tax Act, Use Tax Act,
and Service Use Tax Act and the Service Occupation Tax Act, which
sum shall be retained by the State Treasurer to cover the costs
incurred by the Department in administering and enforcing the
provisions of Section 11- 74.4 -8a of the Act; and
WHEREAS, it is the determination of the President and
Board of Trustees of the Village of Deerfield, Illinois to
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allocate such increase in taxes under the Municipal Retailers'
Occupation Tax Act, the Municipal Service Occupation Tax Act, the
Retailers' Occupation Tax Act, the Use Act, the Service Use Act
and the Service Occupation Tax Act over and above the amount of
such taxes paid during calendar year 1985 within the Redevel-
opment Project Area to the "Village Center Special Tax Allocation
Fund" of the Village for use in payment of Redevelopment Project
Costs related to the Redevelopment Project Area and obligations
incurred in the payment thereof; and
WHEREAS, the Village currently imposes the maximum tax
imposed by law under the Municipal Retailers Occupation Tax Act,
the Municipal Use Tax Act and the Municipal Service Occupation
Tax Act, as is required by Section 11- 74.4 -8a in order for the
Village to receive the allocations-described above pursuant to
said Section 11- 74.4 -8a;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, IIIINOIS, AS
FOLLOWS:
Section 1. Pursuant to Section 11- 74.4 -8a of the Act,
this Board does hereby authorize the Illinois Department of Reve-
nue to annually certify and pay to this Village an amount equal
to the increase in the aggregate amount of taxes paid by retail-
ers and servicemen on transactions at-places of business located
within the Redevelopment Project Area (as described in Attachment
"A" which is attached hereto and made a part of this Ordinance by
reference), pursuant to the Municipal Retailers' Occupation Tax
Act, the Municipal Service Occupatji n Tax Act, the Retailers
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Occupation Tax Act, the Use Tax Act, the Service Use Tax Act and
the Service Occupation Tax Act for as long as the Redevelopment
Project Area exists; said amount to be over and above the aggre-
gate amount of said taxes as certified by the Illinois Department
of Revenue and paid under these Acts by retailers and servicemen
on transactions at places of business located within the Rede-
velopment Project Area during the calendar year 1985, less those
amount previously described to be retained by the State Treasurer
pursuant to Section 11- 74.4 -8a.
Section 2. The tax payments authorized under Section 1
of this Ordinance shall be deposited by the Village Treasurer of
the Village of Deerfield in the "Village Center Special Tax
Allocation Fund" for the Village of Deerfield for the purpose of
paying Redevelopment Project Costs relating to the Redevelopment
Project Area and obligations incurred in the payment thereof.
Section 3. The Village Clerk is hereby authorized and
directed to file a certified copy of this Ordinance with the
appropriate officials of the Illinois Department of Revenue and
the Illinois Department of Commerce and Community Affairs within
thirty days after the effective date of this Ordinance. The
Village Clerk is hereby authorized and directed to furnish the
Illinois Department of Revenue and the Illinois Department of
Commerce and Community Affairs all information required by Sec-
tion 11- 74.4 -8a of the Act, as well as such other information
reasonably available to the Village as shall be requested by the
Illinois Department of Revenue in relation to the performance of
its duties under said Section.
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Section 4. This Ordinance shall be in full force and
effect upon its passage by the President and Board of Trustees of
the Village of Deerfield, Illinois.
Section 6. All ordinances or resolutions in conflict
herewith are hereby repealed insofar as such conflict exists.
Section 7. The Village Clerk be and is hereby directed
to publish this Ordinance in pamphlet form.
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ATTACHMENT A
Legal Description of
REDEVELOPMENT PROJECT AREA
That part of the southwest $ of Section 28, the
southeast 4 of Section 29, the northeast 4 of Section 32, and the
northwest 4 of Section 33, Township 43 North, Range 12, East of
the third principal meridian, described as follows: Commencing
at the point of intersection of the center line of Hazel Avenue
and the center line of Chestnut Street; thence easterly along the
center line of Hazel Avenue to the northeasterly right -of -way
line of Waukegan Road; thence southeasterly along said right -of-
way line to the center line of Orchard Street; thence easterly
along said right -of -way to point directly north of the northwest
corner of Lot 14, Owners' Homestead Subdivision; thence southerly
along the western property line of Lots 14, 16, 17 and portion of
20, Owners' Homestead Subdivision to a point 41.80' north of the
southwest corner of Lot 20 in said subdivision; thence east and
parallel to the south lot line of Lot 20, Owners' Homestead
Subdivision to a point on the western right -of -way line of Todd
Court if extended south; thence north along said line to the
southwest corner of Todd Court; thence east along the right -of-
way line of Todd Court to the center line of Todd Court; thence
south along the center line of Todd Court if extended a distance
of 10.0'; thence east and parallel to the north property line of
Lot 26; Owners' Homestead Subdivision a distance of 25.0'; thence
south and parallel to the west property line of said Lot 26 to
the south property line of said Lot 26; thence east along the
south property line of said Lot 26 to the east property line of
said lot; thence south along the west property lines of Lots 31,
30, and 29, O.B. Von Linde's Subdivision to the southwest corner
of said Lot 29; thence east along the south property line of said
Lot 29 to the center line of Rosemary Terrace; thence south along
said centerline to the north right -of -way line of Deerfield Road;
thence southeasterly in a straight line to the northeast corner
of Lot 4, William W. Clark's Subdivision; thence south along the
east property line to the southeast corner of said Lot 4; thence
west along the south property line to the northwest corner of Lot
8, Goldman's North Shore Golf Links Subdivision; thence
southeasterly along the western property line of said'Lot 8 to
the southeast corner of Lot 1, Lynn's Whittier Avenue
Subdivision; thence westerly along the south property line of
said Lot 1 to a point 75' west of the northeast corner of Lot 3,
Lynn's Whittier Avenue Subdivision; thence south and parallel to
the east property line of said Lot 3 to the south property line
of said Lot 3; thence southwesterly along said property line and
the northwesterly property line of Lot 51, Goldman's-North Shore
Golf Links Subdivision to the northeast corner of said lot 51;
thence southeasterly along southwest property line of lots 51,
54, and 55, Goldman's North Shore Golf Links Subdivision to the
northwest corner of Lot 57, Goldman's North Shore Golf Links
Subdivision; thence southwesterly along the northwest property
line of said Lot 57 to the northeast right -of -way line of
J . a !,r•+..
Waukegan Road; thence southeasterly along said right -of -way line
to a point directly east of the northeast corner (abuts Waukegan
Road) of Lot 19, Owner's First Addition to Deerfield; thence west
to aforesaid point and continuing due west a distance of 277.22'
more or less; thence northwest of aforesaid line 1050 22' 23" a
distance of 51.88'; thence northerly to the southeast corner of
Lot 1, Woodman's Resubdivision; thence westerly to the southwest
corner of Lot 3, Matty's Resubdivision; thence south along the
west property line of said Lot 3 if extended a distance of
10.30'; thence south 23 0E a distance of.356.95' to a point which
is 305' easterly of the center line of the right -of -way of the
Chicago, Milwaukee, St. Paul and Pacific Railway Company,
measured at a right angle thereto; thence southerly and parallel
to the easterly right -of -way line of said railway a distance of
300'; thence westerly at a right angle to the last described line
a distance of 255' to the northeast right -of -way line of said
railway; thence northwesterly along said right -of -way line to the
center line of Central Avenue; thence due west to the center line
of Elm Street; thence northwesterly along said center line to the
center line of Sunset Court; thence west along said center line
to a point directly south of a point 126.8' west of the
aforementioned western railway right -of -way line on a line 30'
north of and parallel to the center line of Sunset Court; thence
north a distance of 202' more or less; thence west 55'; thence
north to the south right -of -way line of Deerfield Road; thence
west along said right -of -way line to the center line of Chestnut
Street; thence north along said center line to the point of
beginning, all in the Village of Deerfield, County of Lake, State
of Illinois.
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Adopted and approved this 15th day of December, 1986 by
roll call vote as follows:
Ayes: Marovitz, Marty, Rosenthal, Seidman, Swanson, Ydrk (6)
Nays: None ( 0 )
Absent: None (0)
Approved:
Village President
(SEAL)
Attest:
Village ClAr
1986.
Published in pamphlet form this 15thday of December,
CC
Vil a C rk
CERTIFICATE
I, Naomi Clampitt, Village Clerk of the Village of
Deerfield, Illinois (the "Village ") hereby certify that the
foregoing ordinance is a true copy of the Ordinance entitled "An
Ordinance Authorizing the Allocation of the Increase in the
Aggregate Amount of Taxes Paid by Retailers and Servicemen Pursu-
ant to the Municipal Retailers' Occupation Tax Act, the Municipal
Service Occupation Tax Act, the Retailers Occupation Tax Act the
Use Tax Act, the Service Use Tax Act and the Service Occupation
Tax Act on Business Transactions Located Within a Redevelopment
Project Area in the Village of Deerfield, Illinois ", which was
duly adopted by the recorded affirmative votes of a majority of
the President and the members of the Board of Trustees of the
Village at a special meeting thereof which was duly called and
held at 8:00 P.M. on December 15, 1986, at the Village Hall at
850 Waukegan Road and at which a quorum was present and acting
throughout, and that said copy has been compared by me with the
original ordinance signed by the President, and recorded in the
Ordinance Book of the Village and that it is a correct transcript
thereof and of the whole of said ordinance, and that said
ordinance has not been altered, amended, repealed or revoked, but
is in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the Village t ' 15th day of De ber, 1986.
Villa e er,
(SEAL)
14105ad
12/11/86
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LAKE COUNTY CLERK
18 N. COUNTY STREET
Linda lanuzi Hess WAUKEGAN, ILLINOIS 60085
COUNTY CLERK
312/ 360 -6657
TO: \ 1 Q Q „
D E C 2 2 5986
RECEIPT OF THE FOLLOWING NAMED ITEMS IS HEREBY
ACKNOWLEDGED:
W13=111=191 1p
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DATE L N IANUZI HESS
LAKE COUNTY CLERK