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HomeMy WebLinkAboutT2-74 Ordinance No. T2-74 edik AN ORDINANCE ESTABLISHING A SPECIAL SERVICE AREA IN THE CITY OF ELGIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Authority. That a special service area is hereby established pursuant to the provisions of Article VII, Sections 6A and 6L of the Constitution of the State of Illinois and pursuant to: "An Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non-home rule municipalities and counties." (Public Act 78-901) Section 2. Findings. A. That the question of the establishment of the area hereinafter described as a special service area was considered by the City Council of the City of Elgin pursuant to a resolution passed January 9, 1974 and entitled: "Resolution Setting a Public Hearing to Consider Formation of a Special Service Area and the Levy of Taxes" and considered at a public hearing held on February 6, 1974 by the City Council pursuant to Notice duly published in Daily Courier News, January 21, 1974, a newspaper of general circulation published in the City of Elgin, at least fifteen (15) days prior to the hearing and pursuant to Notice by mail addressed to the per- son or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. Further that said Notice was given by depositing said Notice in the United States mails not less than ten (10) days prior to the time set for the public hearing; in the event taxes for the last preceding year were not paid, the said Notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A Certificate of Publication of said Notice and an Affidavit of Mailing of said Notice are attached to this Ordinance as Exhibits 1 and 2. Said Notices conformed in all respects to the requirements of Section 5 of Public Act 78-901, aforesaid. B. That a public hearing on the question set forth in the Notice was held on February 6, 1974. All interested persons were given an opportunity to be heard on the question of the creation of the special service area and on the question of the levy of taxes upon real estate or personalty within the proposed special service area for the payment for professional services necessary for the design and engineering of a shopping mall within said special service area in the amount of $110,000.00, as set forth in the Notice. The City Council considered questions raised at the hearing regarding the purpose of the formation of the district and the need for design and engineering services and the methods of financing. That the purpose of the hearing was announced, the rights of objectors explained and the area to be included within the special service area was described and the sequence of events explained. Letters of objection were received from Great States, Inc. , a tenant of property located within the proposed special service area and from Frank D. Fuller, a property owner, W. Marshall D. Schneider, a property owner, appeared and voiced objection to the proposed special service area. A representative of the Union National Bank inquired about inclusion of its drive-in facility in the proposed special service area. Discussion of the proposed special service area followed. A C. That following the public hearing to consider the formation of the special service area and the levy of taxes, written objections were received by the City Clerk from Marshall D. Schneider objecting to the proposals and from the Union National Bank objecting to the inclusion of its drive-up facility in the proposed special service area. D. That no petition signed by 51% of the electors residing within the proposed special service area and by at least 51% of the owners of record of the land included within the boundaries of the special service area proposed was filed with the City Clerk within 30 days following the public hearing objecting to the formation of said special service area or the levy of taxes as proposed. E. That the City Council finds that it is in the public interest and in the interest of the special service area proposed deleting from said area the drive-in facilities of the Union National Bank and of the First National Bank of Elgin, and as hereinafter described, be established. F. That said area to be included in the special service area is compact and contiguous and constitutes the principal shopping area of the City of Elgin. G. That it is in the best interest of said special service area that the furnishing of the municipal services proposed be provided for the common interests of said area. H. That said area is zoned for commercial purposes and will benefit specially from municipal services proposed to be provided. The proposed muni- cipal services are unique and in addition to the municipal services provided to the City of Elgin as a whole. Section 3. City of Elgin Special Service Area Established. A special service area to be known and designated as "City of Elgin Special Service Area Number One" is hereby established and shall consist of the following described territory: That part of the Central Business District of the City of Elgin being situated in parts of the East Half of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian and the Southwest Quarter of Section 13 Township and Range afore- said being more particularly described as follows: Commencing at the Southeast Corner of the Northeast Quarter of said Section 14, thence Northerly along the East Line of said Section for a distance of 33 Feet to a point on the Northerly right-of-way line of East Chicago Street, thence Westerly 154 Feet to a place of beginning: thence Southerly 66 Feet more or less to a point on the Southerly right-of-way line of Chicago Street, said line also being the Northerly Line of Block 15 of J. T. Gifford's Plat, being located at the Northeast Corner of M. C. Town's Subdivision of Lot 5 of J. T. Gifford's Plat, thence Southerly along the East Line of M. C. Town's Subdivision for a distance of 132.0 Feet, thence Easterly along the Northerly Line of Lots 6, 7, 8 and 9 a distance of 264 Feet more or less to the Easterly line of said Block 15, thence Southerly rft along the said East Line a distance of 132.0 Feet to the Southeasterly Corner of said Block, thence Southerly in a straight line 66 Feet to the Northeasterly Corner of T. 0. Trigg's Subdivision of Block 14 of J. T. Gifford's Plat, thence Southerly along the Easterly Line of said subdivision a distance of 72.0 Feet, thence Westerly along the Southerly Line of Lot 4 of said subdivision of Block 14 for a distance of 56 Feet to the Westerly Line of said Lot 4, thence Northerly along said Westerly Line for a dista.ice of 8 Feet to the South eir Line of Lot 3 of said subdivision of Bloc'.c 14, thence Westerly along said Line a distance of 10 Feet to a point on the East Line of Lot 2 of Block 14 of J. T. Gifford's Plat, thence Southerly along said Lot Line for a distance of 68.0 Feet more or less to a point on the North Line of Lot 3 of said Block 14, thence Easterly along the said North Line to the East Line of Block 14, thence Southerly along said East Line to the Southeast Corner of said Block 14, thence Easterly 66.0 Feet to the Southwest Corner of Block 12 of J. T. Gifford's Plat, thence Southerly 66.0 Feet to the Northwest Corner of Block 13 of J. T. Gifford's Plat, thence Easterly along the North Line of said Block 13 for a distance of 207 Feet more or less to the Northeast Corner of Lot 7, thence Southerly along the East Line of Lot 7 a distance of 132 Feet to the Northwest Corner of Lot 10, thence East along the North Line of Lot 10 for a distance of 66.0 Feet to the Northeast Corner of said Lot 10, thence South along the East Line of Lot 10 for a distance of 132.0 Feet to a point on the South Line of said Block 13, thence continuing in a straight line in a Southerly direction for a distance of 66.0 Feet to a point on the North Line of Block A of Davidson's Grove Avenue Subdivision of Block 1 of 0. Davidson's Addition, thence Westernly for a distance of 60 Feet more or less along said North Line to the Northwesterly Corner of said block, thence continuing in a Westerly direction along said Northerly Line extended a distance of 90 Feet more or less to the Northeast Corner of Outlot 26 of J. T. Gifford's Addition, thence Westerly along the North Line of Out- lot 26 for a distance of 215 Feet to the Northwest Corner of said Outlot, thence in a Northwesterly direction in a straight line for a distance of 85 Feet more or less to the Southwest Corner of Block 21 of J. T. Gifford's Plat, thence Northwesterly along the Westerly Line of Block 21, said Line also being the Easterly right-of-way line of Riverside Drive, for a distance of 945.50 Feet more or less to the Southwest Corner of Lot 10 of B. W. Raymond's Subdivision of said Block 21, thence Easterly along the South Line of said Lot 10 for a distance of 77.07 Feet more or less to a point, thence Northerly along a straight line parallel and adjacent to the West wall of the First National Bank of Elgin a distance of 100.75 Feet more or less to a point, thence along a line that forms a right angle to the pro- longation of the last described course a distance of 22.67 Feet more or less to the west wall of the First National Bank of Elgin, thence Northerly along said West wall a distance of 90 Feet more or less to the Southerly right-of-way line of Chicago Street, thence in a straight line in a Northerly direction to a point on the Northerly right-of-way line of Chicago Street, said point being 64.8 Feet more or less from the intersection of the Northerly right-of-way line of Chicago Street with the Westerly right-of-way line of Grove Avenue, thence Easterly along the Northerly right-of-way line of Chicago Street 323.5 Feet more or less to the place of beginning. All of the above described property being situated in Elgin Township, Kane County, Illinois. . _ _ Section 4. Purpose of Area. That City of Elgin Special Service Area Number One is established to provide special municipal services to said area in addition to services provided to the City generally. Included in said services shall be the execution of a contract by and between the City of Elgin and qualified professional consultants for professional services in the preparation of the design and engineering of a public improvement in the nature of a shopping mall within the Central Business District and including pedestrian walkways, landscaping, curbing, reloca- tion of utilities, relocation of streets, installation of traffic systems, lighting, paving, graphics and other incidental improvements all to be constructed on existing public property to be acquired by the City of Elgin for these purposes. City of Elgin Special Service Area Number One is also created so that taxes may be levied on property in the special service area in addition to all other City of Elgin taxes so levied, for payment for said design and engineering services in the amount of $110,000.00. Section 5. That a certified copy of this ordinance including an accurate map of the boundaries of the special service area herein created shall be filed with the County Clerk of Kane County. Section 6. Effective Date. That this ordinance shall be in full force and effect upon its passage and approval in the manner provided by law. s/ W. E. Rauschenberger W. E. Rauschenberger, Mayor Presented: March 13, 1974 Passed: March 13, 1974 Vote: Yeas 4 Nays 3 Recorded: March 13, 1974 Published: March 13, 1974 Attest: s/ Margaret A. Glink Margaret A. Glink, City Clerk r