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HomeMy WebLinkAboutG3-76 r Y Ordinance No. G3-76 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. Section 1. Authority. That a special service area is hereby established pursuant to the provisions of Article VII, Section 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 July 30, 1975 and entitled "An Ordinance Proposing the Establishment of a Special Service Area in the City of Elgin and providing for a Public Hearing and Other Procedures in Connection Therewith" and considered at a public hearing held on August 27, 1975 by the City Council pursuant to Notice duly published in Daily Courier News, August 12, 1975, a newspaper of general circulation published in the City of Elgin, at least fifteen (15) days prior to the hearing pursuant to Notice by mail addressed to the person 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 August 27, 1975. 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 $275,000.00, 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. r f C. That no electors reside within the proposed special service area and a petition by 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, but said petition was not signed by at least 51% of the owners of property included within the area. D. That said area to be included in the special service area is compact and contiguous and constitutes a part of the principal shopping area of the City of Elgin. E. 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. F. 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 Erin Special Service Area Number Two" is hereby established and shall consist of the following described territory: That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: That part of Lots 1 and 2, Block 19,,of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Beginning at the Southeast Corner of said Lot 1; thence Westerly along the Southerly Line of said Lot 1, 66' to the South- west Corner thereof; thence Westerly along the Southerly line of said Lot 2, 6.5' ; thence North 33° 20' West parallel with the Easterly Line of Grove Avenue (formerly River Street) 33' ; thence Northeasterly 30' to a point on the Westerly Line of said Lot 1, 44' North of the Southwest Corner thereof; thence Easterly parallel with the South Line of said Lot 1, 66' to the Easterly Line of said Lot 1; thence Southerly along said East Line 44' to the point of beginning in the City of Elgin, Kane County, Illinois, (commonly known as 20, 22, 24 Douglas Avenue) , also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 1 and 2 in Block 19 of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Commencing at the Southeast Corner of said Lot 2; thence Westerly along the Southerly Line of said LOt, 6.5' ; thence North- erly 33 20' Westerly parallel with the Easterly Line of North Grove Avenue (formerly River Street) 33' ; thence Northeasterly along a line, which if extended, would intersect the Easterly Line of said Lot 2 at a point 44' North of the Southeast Corner thereof, to the Easterly Line of an alley, for the point of beginning; thence Northeasterly to a point in the Easterly Line of Lot 2 aforesaid, 44.0' North of the Southeast Corner thereof; thence Easterly parallel with the South Line of said Lot 1, 66.0' to the East Line thereof; thence Northerly along the East Line of said Lot to a point 44' South of the Northeast Corner of said • Lot; thence Westerly parallel with the North Lines of Lots 1 ando2 to the Easterly Line of the alley aforesaid; thence Southerly 33 20' East along the Easterly Line of said alley to the point of beginning, except the North 22.5' thereof, measured along the Easterly Line, being situated in the City of Elgin, Kane County, Illinois, (commonly known as 18 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The North 22' (Measure on the East Line Thereof) of the following described premises: That part of Lots 1 and 2,. Block 19, of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Beginning at the Southeast corner of said Lot 1; thence Westerly along the Southerly line of said Lot 1, 66' to the Southwest Corner thereof; thence West along the South Line of said Lot 2, 6.5' ; thence Northerly 33° 20' West parallel with the Easterly Line of North Grove Avenue (formerly River Street) 33' ; thence Northeasterly 30' to a point on the Westerly Line of said Lot 1, 44' North of the Southwest Corner thereof; thence Easterly parallel with the Southerly Line of said Lot 1, 66' to the Easterly Line of said Lot 1; thence Southerly along said Easterly Line 44' to the point of beginning in the City of Elgin, Kane County, Illinois, (commonly known as 16 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Merician, described as follows: The South 22' (Measure on the Easterly Line Thereof) of the following described premises: That part of Lots 1 and 2 in Block 19 of the Original Town of Elgin on the East Side of the Fox River, described as follows: Beginning at the Southeast Corner of said Lot 1; thence Westerly along the Southerly Line of said Lot 1, 66' to the Southwest Corner thereof; thence Northerly 33° 20' Westerly parallel with the Easterly Line of Grove Avenue (formerly River Street) 33' ; thence Northwesterly 30' to a point on the Westerly Line of said Lot 1, 44' North of the Southwest Corner thereof; thence Easterly parallel with the Southerly Line of said Lot 1, 66' to the Easterly Line of said Lot 1; thence Southerly along said East Line 44' to the point of beginning in the City of Elgin, Kane County, Illinois, (commonly known as 14 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing on the Westerly- line of Mill Street at the Northeast Corner of Lot 4 in Block 19 of James T. Gifford's Original Plat of the Town of Elgin, as laid by said James T. Gifford and recorded in the Recorder's Office for Kane County, Illinois; thence Southerly 31' along the Westerly line of said street, now known as Douglas Avenue; thence Westerly parallel with the Northerly Line of said Lot 4, 66' to the Westerly line of said lot; thence Northerly on said Line 31' to the Northerly Line of said Lot; thence Easterly on said North Line 66' to the place of beginning, situated in the City of Elgin, Kane County, State of Illinois, (commonly known as 10 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The Southerly 20' of the North 51' of Lot 4, Block 19, of J. T. Gifford's Plat of the Original Town of Elgin. Being situated in Elgin Township, Kane County, Illinois, (commonly known as 8 Douglas Avenue) also That part of the Northeast Quarter of Section.14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3 and 4 1h:Block 19 of the Original Town of Elgin on the East Side of the Fox River, described as follows: Beginning at the Southeast Corner of said Lot 4; thence Northerly along the Easterly Line of said Lot, 60' ; thence Westerly at right angles to the said Easterly Line 66' to the Westerly Line of said Lot; thence Southwesterly at right angles to the Easterly Line of Grove Avenue (formerly known as River Street) to the Westerly Line of said Lot 3; thence Southerly along said Westerly Line of Lot 4 aforesaid, to the Southerly Line of said Lot 4; thence Easterly along the Southerly Line of said Lot, 49.5' to the point of beginning; also that part of Lot 3 in Block 19 of the Original Town of Elgin on the East Side of the Fox River described as follows: Beginning at a point on the Westerly Line of Lot 3, aforesaid, 44' Southerly from the Northwest Corner thereof; thence Southerly along the Westerly Line of said Lot, 53' and 8" to the Northerly Line of the lot conveyed to the Home National Bank of Elgin by Deed Dated June 3, 1890 and recorded June 17, 1890 as Document 30468 in Book 266, Page 115; thence Easterly at right angles to the Easterly Line of River Street, 19'9" to the Easterly Line of said Lot 3; thence Northerly along said Easterly 41) Line to a point therein from which a line drawn at right angles to the Easterly Line of River Street would intersect the place of beginning; thence Westerly at right angles to River Street and along said Line, 80'2" to the point of beginning; Also North 21' of the South 81' of Lot 4 (Measured on the Easterly Line of Said Lot) in Block 19 of the Original Town of Elgin, on the East Side of the Fox River in Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, all in Kane County, Illinois, (commonly known as 100 East Chicago Street) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: A strip of land 22' in width of the North end of Lots 4 and 5 in Block 16 of the Plat of Elgin (Original Town of Elgin) as laid out by James T. Gifford, excepting that part thereof belonging to the Chicago and North Western Railroad Company (formerly the Galena and Chicago Union Railway Company) for a right-of-way and excepting the easement of the alley 10' in width along the Westerly side of the railway right-of-way afore- said; sometimes known as Lot "B", Block 16 of the Assessors Subdivision of Lots and Blocks in the City of Elgin, Kane County, Illinois, (commonly known as 23 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River described as follows: Beginning at a point in the East Line of Douglas Avenue that is 22.5' South of the South Line of Highland Avenue, eo- thence South along said East Line 22' ; thence Easterly parallel with the South Line of Highland Avenue 131.95' to the Westerly right-of-way of the Chicago and North Western Railway; thence Northwesterly along said right-of-way line, 24.875' ; thence Westerly 120.5' to the point of beginning, subject to the burden and including the benefits of an alleyway 10' wide along the rail- way right-of-way, being situated in Elgin Township, Kane County, Illinois, (commonly known as 21 Douglas Avenue) , also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3, 4 and S in Block 16 of the Original Town of Elgin on the East Side of the Fox River, described as follows: Commencing at the Northwest Corner of said Lot 5; thence Southerly along the Westerly line of said Lot 5, 44.5' for the point of beginning; thence Southerly along the Westerly Line of said Lot, 22' ; thence Easterly, parallel with the Northerly Line of said Lots 5, 4 and 3 to the Westerly Line of the right-Of- way of the Chicago and North Western Railway Company; thence North- westerly along said Westerly right-of-way line drawn Easterly parallel with the Northerly Line of said Lots from the point of beginning; thence Westerly along said parallel line to the point of beginning, in the City of Elgin, Kane County, Illinois, (commonly known as 19 Douglas Avenue), also Ow That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Part of Lots 3, 4 and 5 in Block 16 of J. T. Gifford's Original Plat of the Town of Elgin and bounded as follows: to-wit: Beginning on the East Line of Douglas Avenue at a point 66.5' South of the Northwest Corner of said Lot 5; thence South on the East Line of Douglas Avenue 22' ; thence East to the right-of-way of the Chicago and North Western Railway Company; thence Nrothwesterly along the Westerly Line of said right-of-way to a point 66.5' South at right angles from the North Line of said Lots 3, 4 and 5; thence West to the place of beginning excepting an alley-way 10' wide extending along the right-of-way of said Railroad. Being situated in the City of Elgin, Kane County, Illinois, (commonly known as 17 Douglas Avenue), also That part of the Northeastern Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The Western one third of Lot 6 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River, in the City of Elgin, Kane County, Illinois, (commonly known as 5 Douglas Avenue) , also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Beginning at the Southwest Corner of said Lot 5; thence North along the Westerly Line of said Lot 5, 22' ; thence Easterly parallel with the South Line of said Lots 5, 4 and 3 to the Westerly right-of-way line of the Chicago and North Western Railroad Company; thence Southerly along said Northwesterly right-of-way line to the South Line of said Lot 3; thence Westerly along the South Line of said Lots 3, 4 and 5 to the point of beginning. That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Commencing at the Southwest Corner of said Lot 5; thence North along the Westerly Line of said Lot 5, 22' for the point of beginning; thence North along the West Line of said Lot 5, 21.5' ; thence Easterly parallel with the South Line of said Lots 5, 4 and 3 to the Westerly right- of-way line of the Chicago and North Western Railroad Company; thence Southerly along said Westerly right-of-way line to a line drawn parallel with the Southerly Line of said Lots 5, 4 and 3 from the point of beginning; thence Westerly along said parallel line to the point of beginning; in the City of Elgin, Kane County, Illinois, (commonly known as 15 Douglas Avenue) . The approximate street location: That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Intersection of the Center Line of Highland Avenue and the Westerly Line of the Chicago and North Western Rail Road right-of-way; thence Westerly along the Center Line of Highland A distance of 330 feet more or less to a line being parallel with and 66 feet East of Grove Avenue (formerly River Street) ; thence Southeasterly along the aforesaid line a distance of 160 feet more or less; thence Southwesterly at an angle of 90° from the last described course a distance of 18 feet more or less; thence Southeasterly along a line being parallel with and 48 feet East of Grove Avenue (formerly River Street) a distance of 44 feet more or less to the South Line of Lot 2 Block 19 of J. T. Gifford's Plat of the Original Town of Elgin; thence Easterly along the aforesaid South Line a distance of 605 feet more or less to the East Line of Lot 3 Block 19 of J. T. Gifford's Plat of the Original Town of Elgin; thence Southerly along the aforesaid East Line of Lot 2 a distance of 10.1 feet more or less; thence South- westerly along a line being perpendicular to the Center line of Grove Avenue (formerly River Street) a distance of 82 feet more or less to the Center line of Grove Avenue (formerly River Street); thence Southeasterly along the aforesaid Center line a distance of 128 feet more or less to the Center line of Chicago Street; thence Easterly a distance of 152 feet more or less; thence Northerly along a line being parallel to and 22 feet East of Douglas Avenue a distance of 151 feet more or less; thence Easterly at an angle of 90° more or less from the last described course a distance of 169 feet more or less to the Westerly Line of the Chicago and North Western Rail Road right-of-way; thence Northwesterly along the West Line of the Chicago and North Western Rail Road right- of-way a distance of 205 feet more or less to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois. • Section 4. Purvose of Area. That City of Elgin Special Service Area Number Two is established to provide special municipal services to said area in addition to services provided to the City generally. The purpose of the formation of City of Elgin Special Service Area Number Two in general is to provide special municipal services to the area including but not limited to the creation of the modified shopping mall including a full com- plement of architectural street. features consisting of such items as raised planters, bollards, benches, flower pots, trash receptacles, pedestrian directory, drinking fountain pedestrian lights, and street lights and under- ground water irrigation system. City of Elgin Special Service Area Number Two is also created so that general obligation bonds may be issued to pay for the cost of design and construction of said modified shopping mall. Said bonds, if issued, shall be in an amount not to exceed Two Hundred and Seventy- Five Thousand Dollars ($275,000.00) at an interest rate not to exceed eight (8) percent and to mature within ten (10) years. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due to discharge the principle thereof at maturity; said tax to be levied upon all taxable property within the proposed special service area. 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/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1976 Passed: January 14, 1976 Vote: Yeas 5 Nays 2 Recorded: January 14, 1976 Published: January 14, 1976 Attest: s/ Marie Yearman Marie Yearman, City Clerk r