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HomeMy WebLinkAboutT4-78 Ordinance No. T4-78 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER THREE 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 to be known as City of Elgin Special Service Area Number Three 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 an ordinance passed June 28, 1978 and entitled: "An ordinance Propos- ing Establishment of a Special Service Area in the City of Elgin and Providing for a Public Hearing and Ohter Procedures in Connection Therewith" and considered at a public hearing held on July 19, 1978 by the City Council pursuant to Notice duly published in Daily Courier-News, July 5, 1978, a newspaper of general cir- e culation published in the City of Elgin, at least fifteen (15) days prior to the hearing and 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 July 19, 1978. 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 purpose of providing a system of ornamental street lights mounted on metal or concrete poles. The City Council considered questions raised at the hearing regarding the purpose of the formation of the district 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. The following property owners or tenants appeared at the public hearing and objected to the potential tax to be imposed upon properties located in the district: Mrs. Margaret Sund and Mrs. Brigitte Thiatje. C. 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, D. That said area to be included in the special service area is compact and contiguous, E. That it is in the best interests of the area described that the furnishing of the municipal services proposed be provided for the common interests of said area. Fe That said area is classified under the zoning ordinance for residential purposes and will benefit specifically from the municipal services to be provided; the proposed municipal 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 an• designated as "City of Elgin Special Service Area Number Three" is hereby established and shall consist of the following described territory: That part of the Northeast Quarter of Section 11, Township 41 North Range 8 East, of the Third Principal Meridian described as follows: Beginning at the intersection of the centerline of Slade Avenue with the Easterly right-of-way line of the Chicago and North- ' estern Railroad; thence in a Northeasterly direction, along said Easterly right-of-way line, for a distance of 1321.3 feet more or less, to the West line of Lovell's Grove 2nd Addition; thence South along said West line 1207.7 feet, more or less, to the centerline of Slade Avenue; thence in a Westerly direction, along said centerline, for a distance of 366.4 feet; thence Northerly along a straight line 417, for a distance of 99.24 feet, more or less, to a point on the South line of lot 16 of Home in the Woods Sub. being 4.7 feet East of the West line of said lot 16; thence West along said South line of lot 16 for a distance of 4.7 feet; thence North along the West line of said lot 16 for a distance of 50 feet, more or less, to the point of inter- section of said West lot line with a line 16 feet South of the North line of lot 40 of Home in the Woods Sub. ; thence West along a line 16 feet South of the North line of lot 40 of Home in the Woods Sub. for a distance of 175 feet, more or less, to the West line of said lot 40; thence South 7 feet, more or less, along said West lot line to the intersection of said West lot line with the centerline of Slade Avenue extended East; thence West along the centerline of Slade Avenue and said centerline extended Easterly for a distance of 324 feet, more or less to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois. Section 4. Purpose of Area. That City of Elgin Special Service Area Number Three is established to provide a system of ornamental street lights mounted on metal or concrete poles. Section 5. Tax. That a tax not to exceed an annual rate of $2.08 per $100.00 of assessed. evaluation, as equalled, is authorized to be levied against real and personal property inclueed in the special service area. Section 6. That in accordance with the applicable statute the corporate authorities of the City of Elgin shall be the governing body of the City of Elgin Special Service Area Number Three, Section 7. 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 8. Effective Date. That this ordinance shall be in full force ri► and effect upon its passage and approval in the manner provided by law. s/ Harry W. Barnes Marry W.. Barnes , Mayor Pro Tern Presented: September 18, 1978 Passed: September 18, 1978 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r