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HomeMy WebLinkAboutT1-85 ORDINANCE NO. T1-85 AN ORDINANCE establishing Elgin-O'Hare Special Service Area Number Four in and for the City of Elgin, Kane and Cook Counties, Illinois. WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "City") , has a population in excess of 25,000 as determined by the last official census, and accordingly pursuant to the provisions of the 1970 Constitution of the State of Illinois, and particularly Article VII, Section 6(a) thereof, the City is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and WHEREAS, special service areas are established pursuant to Part ( 1) ( 2) of Section 6 of Article VII of the 1970 Constitution of the State of Illinois, which provides: The General Assembly may not deny or limit the power of home rule units . . . (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. and are established pursuant to the provisions of "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," approved eft September 21, 1973, as amended ( the "Act" ) , and pursuant to the provisions of the Revenue Act of 1939 of the State of Illinois, as amended; and WHEREAS, it is in the public interest that the area hereinafter described be established as Elgin-O'Hare Special Service Area Number Four for the purpose set forth herein (the "Area") ; and WHEREAS, the Area is compact and contiguous and is totally within the corporate limits of the City and The County of Kane, Illinois; and WHEREAS, the Area will benefit specially from the subdivision improvements and municipal services to be provided (the "Services") , and the Services are unique and in addition to municipal services provided to the City as a whole and it is, therefore, in the best interests of the City that the Area be established; and WHEREAS, it has heretofore been and it is hereby 47) estimated that the cost of providing the Services will be not less than $1,500,000; and WHEREAS, it is in the public interest that bonds in not to exceed the amount of $1,500,000 and secured by the full faith and credit of the Area be issued for the purpose of paying the cost of providing the Services (the "Bonds") ; and WHEREAS, the Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear interest at not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Al, Bonds; and -2- 4 WHEREAS, the Bonds shall be retired by the levy of a direct annual tax sufficient to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Area for said period of not to exceed 20 years and shall be unlimited as to rate or amount and in addition to all other taxes permitted by law; and WHEREAS, the establishment of the Area was proposed by the City Council of the City (the "City Council") pursuant to Ordinance No. T7-84 entitled: AN ORDINANCE proposing the establishment of the Elgin-O'Hare Special Service Area NumberFour in the City of Elgin, Kane and Cook Counties, Illinois, and the issuance of bonds in the amount of $1,500,000 for the purpose of paying the cost of providing special services in and for such Area. duly adopted on the 24th day of September, 1984, and was considered at a public hearing held on the 22nd day of October, 1984, by the City Council (the "Hearing") ; and WHEREAS, notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in Daily Courier News, the same being a newspaper of general circulation within the City; and WHEREAS, mailed notice of the Hearing was given by depositing notice in the United States mails 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 Area not less than ten (10) days prior to -3- the time set for the Hearing, and in the event taxes for the last preceding year were not paid, the notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property; and WHEREAS, said notice complied with all of the applicable provisions and requirements of the Act; and WHEREAS, the Hearing was held on the 22nd day of October, 1984, and all interested persons affected by the establishment of the Area or the issuance of the Bonds and the levy of the tax to pay the Bonds, including all owners of real estate located within the Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Area and the issuance of the Bonds and the levy of said tax and an opportunity to file objections to the establishment of the Area 47) or the issuance of the Bonds and the levy of said tax; and WHEREAS, at the Hearing, all interested persons affected by the Area were permitted to file with the City Clerk written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council has heard and considered all of the comments, objections, protests and statements made with regard to the Area and the Bonds and has determined and does hereby determine that it is in the public interest and in the interest of the City and the Area that the Area be established; and WHEREAS, after hearing and considering all such comments, objections, protests and statements, the City Council 47) -4- finally adjourned the Hearing on the 22nd day of October , 1984; and WHEREAS, no petition, signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area, was filed with the City Clerk within 60 days following the final adjournment of the Hearing objecting to the creation of the Area, the levy or imposition of a tax or the issuance of the Bonds for the provision of the Services to the Area, or to a proposed increase in the tax rate: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, as follows: Section 1. That the preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That the City Council has found and determined and does hereby find and determine that all protests and objections, if any, to the establishment of the Area and the issuance of the Bonds are without merit. Section 3. That Elgin-O'Hare Special Service Area Number Four is hereby established in and for the City and shall consist of the following described territory: PARCEL 1 That part of Lot 1 lying Northerly of a line described as follows: Commencing at the Northwest corner of said Lot 1; thence Southerly, along the Westerly line of said Lot 1, a dis- tance of 566.73 feet to a point on said Westerly line that is 308.95 feet Northerly of (as measured along said Westerly line) an angle point in the Westerly line of said Lot 1, for the point of beginning of the aforesaid line; thence Easterly, perpendicu- lar to the Westerly line of said Lot 1, a distance of 278. 24 feet -5- to the Westerly line of Airport Road for the terminus of the aforesaid line, in Elgin - O'Hare Business Center, being a sub- division of part of Section 34 , Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 2 That part of Lot 1 lying Southerly of a line described as follows: Commencing at the most Southerly corner of said Lot 1 ; thence Northwesterly, along the Westerly line of said Lot 1, a distance of 221.76 feet to an angle point in said Westerly line; thence Northwesterly, along the Westerly line of said Lot 1, a distance of 634.80 feet to an angle point in said Westerly line; thence Northerly, along the Westerly line of said Lot 1, a dis- tance of 125.95 feet for the point of beginning of the aforesaid line; thence Easterly, perpendicular to the Westerly line of said Lot 1, a distance of 323.26 feet to the Westerly line of Airport Road for the terminus of the aforesaid line, in Elgin - O'Hare Business Center, being a subdivision of part of Section 34, Town- ship 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 3 Lots 2, 4 , 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 47) 20, 21 and 22 of Elgin-O'Hare Business Center, being a sub- division of part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 4 That part of Lot 5 lying Southerly of a line described as follows: Commencing at the Northeast corner of said Lot 5; thence Southerly, along the East line of said Lot 5, a distance of 569.12 feet for the point of beginning of the aforesaid line; thence Westerly, perpendicular to the East line of said Lot 5, a distance of 647 .96 feet to the Easterly line of Airport Road for the terminus of the aforesaid line, of Elgin-O'Hare Business Center, being a subdivision of part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. PARCEL 5 That part of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 34; thence South 00 degrees 17 minutes 38 seconds East, along the East line of said Southeast Quarter, a distance of 1823.74 feet to a point that is 830.59 feet Northerly of (as measured along said East line) the Southeast corner of said Southeast Quarter ; thence North 89 degrees 17 minutes 42 seconds West, a distance of -6- 576.00 feet along a line that is parallel with a line drawn Westerly (this line hereafter referred to as Line "A" ) from a point on the East line of said Southeast Quarter that is 74.30 feet Northerly of (as measured along said East line) the South- east corner of said Southeast Quarter to a point (this point hereafter referred to as Point "B" ) on the West line extended Northerly of the Northwest Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian that is 78.60 feet Northerly of (as measured along said West line, extended Northerly) the Northwest corner of Northwest Quarter ; thence South 00 degrees 17 minutes 38 seconds East, parallel with the East line of said Southeast Quarter of Section 34, a distance of 756. 29 feet to the aforesaid Line "A" ; thence North 89 degrees 17 minutes 42 seconds West, along said Line "A" , a distance of 939. 48 feet to the aforesaid Point "B" ; thence North 89 degrees 26 minutes 37 seconds West, a distance of 966.65 feet to a point that is 78. 93 feet Northerly of a point on the South line of said Southeast Quarter that is 155.93 feet Easterly of (as measured along said South line) the Southwest corner of said Southeast Quarter ; thence North 83 degrees 33 minutes 33 seconds West, a distance of 154.85 feet to an existing iron stake as per Document No. 847720 that is 94.93 feet Northerly of the Southwest corner of said Southeast Quarter , as measured along a line ( this line and it 's Northerly extension thereof hereafter referred to as Line "C" ) that bears North 04 degrees 05 minutes 00 seconds East from said Southwest corner ; thence North 04 degrees 05 minutes 00 seconds East , along said Line "C" , to the Southeast corner of the Taxi Strip Easement as shown on the Plat of Miller 's Hangars, being a subdivision of part of said Section 34, for the point of beginning, said Southeast corner being on the aforesaid Line "C" and at a distance of 2421. 22 feet ( record being North 04 degrees 05 minutes 00 seconds East 2421.44 feet) from the Southwest corner of the Southeast Quarter of Section 34, as aforesaid; thence South 89 degrees 21 minutes 30 seconds East, along the South line of said Taxi Strip Easement, extended Easterly, a distance of 28.05 feet; thence South 00 degrees 38 minutes 30 seconds West, a distance of 80.0 feet ; thence South 35 degrees 22 minutes 12 seconds East, a distance of 694. 49 feet; thence South 00 degrees 23 minutes 31 seconds West, a distance of 757 .85 feet; thence South 67 degrees 04 minutes 33 seconds East, a distance of 664.71 feet ; thence North 34 degrees 48 minutes 27 seconds East, a distance of 457.61 feet; thence South 55 degrees 11 minutes 33 seconds East, a distance of 200 .0 feet; thence Southeasterly, along a curve to the right having a radius of 1021. 58 feet and being tangent to the last described course, a distance of 180.51 feet; thence Northeasterly, along a curve to the left having a radius of 2837.62 feet (the chord of said curve bears North 49 degrees 10 minutes 13 seconds East) an arc distance of 80.21 feet; thence Northwesterly, along a curve to the left having a radius of 1101.58 feet (the chord of said curve bears North 49 degrees 58 minutes 35 seconds West) an arc distance of 200.57 r° feet; thence North 55 degrees 11 minutes 33 seconds West, tangent F to the last described curve, a distance of 95.77 feet; thence North 10 degrees 51 minutes 53 seconds East, a distance of -7- 1004.42 feet; thence South 79 degrees 08 minutes 07 seconds East, Allik a distance of 20.0 feet; thence Easterly, along a curve to the left having a radius of 2180 . 40 feet and being tangent to the last described course, a distance of 364 .64 feet; thence North 00 degrees 17 minutes 38 seconds West, parallel with the East line of the Southeast Quarter of Section 34, as aforesaid, a distance of 80.04 feet ; thence Easterly, along a curve to the left having a radius of 2100. 40 feet (the chord of said curve bears south 89 degrees 28 minutes 05 seconds East) an arc distance of 60 .01 feet; thence North 00 degrees 17 minutes 38 seconds West , parallel with the East line of the Southeast Quarter of said Section 34, a distance of 475.86 feet to the North line of said Southeast Quarter ; thence North 89 degrees 27 minutes 18 seconds West, along said North line, a distance of 259 .96 feet to a point on said North line that is 660.0 feet Westerly of (measured along said North line) the Northeast corner of the Southeast Quarter of Section 34 as aforesaid; thence North 79 degrees 08 minutes 07 seconds West, along a line that forms an angle of 10 degrees 19 minutes 11 seconds ( record being 10 degrees 19 minutes 00 seconds) with the North line of said Southeast Quarter , measured from West to North at the last described point, a distance of 1789. 25 feet to Line "C" , as aforesaid; thence South 04 degrees 05 minutes 00 seconds West, along said Line "C" , a distance of 559. 16 feet to the point of beginning. Being situated in Dundee Township, Kane County, Illinois. PARCEL 6 All of River Ridge Drive, Airport Road, High Point Drive and Corporate Drive as set forth and contained in the plat of Elgin - O'Hare Business Center Unit No. 1 An accurate map of the Area being attached hereto and made apart hereof. Section 4. That the purpose of the establishment of the Area is to provide the Services to the Area, including the construction of all of said improvements to be in and for the Area and to be constructed on existing public property or property to be acquired by the City for such purpose. Section 5. That the Bonds in not to exceed the amount of $1,500,000 and secured by the full faith and credit of the Area are authorized to pay the cost of the Services, and the Bonds shall be retired over a period of not to exceed 20 years from the issuance thereof and shall bear interest at not to -8- eft. exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds, and the Bonds, if issued, shall be retired by the levy of a direct annual tax sufficient to pay the principal and interest thereon, said tax to be levied upon all the taxable property within the Area for said period of not to exceed 20 years and to be unlimited as to rate or amount and in addition to all other taxes permitted by law. Section 6. That all ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and that this ordinance be in full force and effect forthwith upon its adoption and approval as provided by law. -9- Adopted January 14, 1985. AYES: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales , Waters and Mayor Verbic. NAYS: None ABSENT: None Approved January 14, 1985. s/ Richard L. Verbic Mayor, City of Elgin, Kane and Cook Counties, Illinois Attest: s/ Marie Yearman City Clerk, City of Elgin, 47) Kane and Cook Counties, Illinois (SEAL) Recorded in the City Records on January 14 , 1985. 4!) -10-