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HomeMy WebLinkAboutT33-08SANDY WEGMAN RECORDER - HANE COUNTY, IL RECORDED: 12/5/2008 3:49 PM REC FEE: 50.00 PAGES: 29 ORDINANCE NO. T33-08 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 19 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS FOR THE RANDALL POINT EXECUTIVE CENTER AND THE RANDALL POINT EXECUTIVE CENTER II After recording return to: William A. Cogley Corporation Counsel City of Elgin -Legal Department 150 Dexter Court Elgin, IL 60120 State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified and acting City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois (the "City "), and that as such official I am the keeper and custodian of the files and records of said City Council of the City (the "Council"). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Council held on the 8`h day of October, 2008 (the "Meeting"), insofar as same relates to the adoption of Ordinance No. T33-08 entitled: AN ORDINANCE establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II (the "ordinance"), a true, correct and complete copy of the Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Council on the adoption of the Ordinance were conducted openly, that the vote on the adoption of the Ordinance was taken openly, that the Meeting was held at a specified time and place convenient to the public, that notice of the Meeting was duly given to all of the news media requesting such notice, that an agenda for the Meeting was posted at the location where the Meeting was held and at the principal office of the Council at least 48 hours in advance of the holding of the Meeting, that said agenda contained a separate specific item concerning the proposed adoption of the Ordinance, a true, correct and complete copy of said agenda as so posted being attached to this certificate as Exhibit A, that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Special Service Area Tax Law, as amended, and that the Council has complied with all the provisions of said Act and Law and with all of the procedural rules of the Council in connection with the passage of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City, )ber, 2008. City Clerk CITY OF ELGIN, ILLINOIS COUNCIL AGENDA CITY COUNCIL CHAMBERS Regular Meeting 7:00 P.M. Call to Order Invocation — Pastor Willie Tate of Progressive Baptist Church Pledge of Allegiance Roll Call Minutes of Previous Meeting — September 24, 2008 Communications • Proclamation Recognizing Domestic Violence Awareness Month Recognize Persons Present Bids 1. #08-058A Police Motorcycle Purchase ($30,000) ement 2. #08-075 Riverside eplac 3. 908-081 Tracked Sidewalk Snow Removal Unit ($45,800) ($159,369) Filter Other Business (0) October 8, 2008 1. A Continued Consideration of Petition 84-06 Requesting nnexation, Zoning and Preliminary own lla mm Plat Approval for a Residential Subdivision; VOrLandy Co asonly K (h sa tem Omust �be Street; by Ryland Homes, as Applicant removed from the table) Commonly Known d reli Villa 2. Continued Consideration of Petition 85-06 Requesting Annexation, Zoning and Preliminary Plat Approval for a Commercial Subdivision; Property Street; by VO -Land, LLC, as Applicant and Owner (This item must be removed from the table) 3. Consideration of Petition 21-08 Requesting a Conditional Use in the PAB Planned Area , to Permit a Package Liquor Sales Establishment; Property Located at 135 Business DistrictInc.DBA /Elgin Liquorand Jaesh and Smita Patel, as East Chicago Street by Shrina, y tion and Developmentt,,Ltd., as Owner Applicants, and Dearborn Construe 'Ey h/,hif A, City Council Agenda — October 8, 2008 Page 2 4. Consideration of Petition 39-08 Requesting a Map Amendment from RC2 Residence Conservation District to PCF Planned Community Facility District and CF Community Facility District to PCF Planned Community Facility District, to Permit the Construction of a Parking Lot and Building Addition, Property Located at 1405 Wing Street, 1406 and 1418 Harlan Avenue, by New Hope Mission Baptist Church, as Applicant and Owner 5. Resolution Accepting for Ownership and Maintenance the Public Improvements in the Hercana Place Subdivision 6. Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, Entitled "Alcoholic Liquor Dealers" 7. Ordinance Establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook County, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II (Materials to Follow) 8. Authorization for Payments "Consent Agenda (C) 1. Resolution Authorizing Execution of an Agreement with Cowhey Gudmundson Leder, Ltd. for Engineering Services Regarding Development of a New Beef Villa Restaurant 2. Resolution Authorizing Execution of a Second Amendment to Development Agreement with Randall 90, LLC, Heath 79 LLC, SWC Rand & Willow LLC, and Wolfe and Laraway LLC for the Development of an Auto Mall 3. Resolution Authorizing Execution of a Plat of Vacation of Public Utility Easements at Jaynes Industrial Park 4. Resolution Authorizing Execution of a Release and Satisfaction of Judgment for Case No. 04 OV 1414 Entitled City of Elgin v. Catherine McDaniel (607 Douglas Avenue) 5. Resolution Approving Change Order No. 7 in the Contract with Artlow Systems for Fire Station No. 7 6. Resolution Approving Change Order No. 8 in the Contract with Reike Office Interiors for Fire Station No. 7 7. Resolution Naming Various City Parks 8. Resolution Authorizing Execution of a Second Amendment to Annexation Agreement with West Ridge Community Christian Church and Old Second National Bank of Aurora (3170 Route 20) 9, Ordinance Amending PNB Planned Neighborhood Business District Ordinance No. G5-05 and PCF Planned Community Facility District Ordinance No. G95-05; Reclassifying City Council Agenda — October 8, 2008 Page 3 Property to PAB Planned Area Business District; Granting Approval of a Commercial/Residential Building in the ARC Arterial Road Corridor Overlay District (3300 Encounter Lane, 3170 Route 20 and 3180 Route 20) "t 10. Ordinance Amending an Ordinance Classifying Territory in the PCF Planned Commum y Facility District (West Ridge Community Church Subdivision — 3170 Route 20) Miscellaneous Business (M) I . Hotel/Motel Tax for July 2008 2. Elgin Sales Tax for June 2008 3. Emergency Telephone System Board Meeting Minutes for August 21, 2008 4. Elgin Heritage Commission Meeting Minutes for August 5, 2008 5. Elgin Heritage Design Review Subcommittee Meeting Minutes for September 9, 2008 6. Zoning and Subdivision Hearing Board Meeting Minutes for August 20, 2008 7. Committee of the Whole Minutes for September 10, 2008 are on file and available on City website 8. City Council Minutes for September 10, 2008 are on file and available on City website Announcements Next Committee of the Whole Meeting, Wednesday, October 22, 2008, at 6:00 p.m., in the City Council Chambers g of the Elgin City Council, Wednesday, October 22, 2008, at 7:00 p.m. in Next Regular Meetin the City Council Chambers Adjournment djmatters listed under Consent Agenda are considered to be routine and non -controversial no by on and one roll call vote. separate arate Codisuncil andf will these beitems la discussion�y one is desired by a Council memberlor citizen, ere will ethat Pwill item willbe remove the d from Consenely hAgenda Consent Citizensadesir ng discussion considered on any ptem listed underarately the after app Consent Agenda should contact a Council member prior to the meeting and request that the item be removed for discussion. Ian to attend this meeting and who require certain The City of Elgin is subject to the requirements of the Americans with Disabilities Act o 1990. Individuals with disabilities who pmeeting, or ccommodations in order to allow have questions regarding the ace 7) b lity oft a meeting or the facilities,to observe andor participate in, are requested who h to contact the Human Resources Dip make reasonable accommodaTTfTt onsfD those persons6 promptly to allow the Ci of Elgin EXTRACT OF MINUTES of a regular public meeting of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, held at the City Hall, 150 Dexter Court, Elgin, Illinois, in said City, at 7:00 p.m., on the 8th day of October, 2008. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, Ed Schock, the Mayor, and the following Council Members were physically present at said location: Gilliam Ka tain Steffen and Walters The following Council Members were allowed by a majority of the members of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: None No Council Member was not permitted to attend the meeting by video or audio conference. The following Council Members were absent and did not participate in the meeting in any manner or to any extent whatsoever: Juan Figueroa Mayor Schock presented, and read by title, the following ordinance, which was laid before the City Council and made available to any person in attendance requesting a copy in words and figures as follows: ORDINANCE No. T33-08 AN ORDINANCE Establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II WHEREAS by virtue of its population, the City of Elgin, Kane and Cook Counties, Illinois (the -City"), and pursuant to the provisions of Section 6 of Article VII of the Constitution of the State of Illinois, the City is a home rule unit and 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 pursuant to the provisions of Section 6 of Article VII of the Constitution of the State of Illinois (the "Constitution "), the City is authorized to create special service areas in and for the City; and WHEREAS special service areas are established by home rule units pursuant to Section 6(1)(2) of Article VII of the Constitution, which provides: The General Assembly may not deny or limit the powers 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 as required "in the manner provided by law" pursuant to the provisions of the Special Service Area Tax Law, as amended (the the Property Tax Code, as amended; and SSA Act"), and pursuant to the provisions of WHEREAS the City Council of the City (the "Council") has heretofore, and it hereby is, determined that it is in the public interest that the area hereinafter described be established as Special Service Area Number 19 of the City for the purposes set forth herein (the "Area "); and WHEREAS the Area is compact and contiguous and consists entirely of territory within the corporate limits of the City and located within The County of Kane, Illinois (the "County "); and WHEREAS the creation of a special service area other than the Area has not been proposed in the territory hereinafter described during the two (2) years preceding the date of adoption of this Ordinance; and WHEREAS the purpose of the establishment of the Area and the issuance of the hereinafter defined Bonds is to pay the costs of municipal services to be provided, namely, the following: intersection and traffic signalization improvements to and for the benefit of the intersection of Randall Road and Point Boulevard, which intersection is the sole access point to and from the Area (the "Services "); and WHEREAS the Area will benefit specially from the Services, all of the Services to be located on property now owned or to be acquired by the City and/or the County, or property in which the City will obtain an interest sufficient for the provision of 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 estimated that the cost of providing the Services is not more than $580,000 plus investment earnings thereon; and WHEREAS it is in the public interest that bonds (the " Bon(is ") in an amount not to exceed $580,000 and secured by the full faith and credit of the Area be issued for the purpose of paying the cost of providing the Services; and 2- WHEREAS the Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear interest at an interest rate or rates not exceeding 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, or any of them; and WHEREAS the Bonds shall be retired by the levy of a direct annual tax sufficient on all property subject to taxation for the Services located within the Area to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity (the "Bond Taxes"); and WHEREAS the Bond Taxes shall be levied upon all taxable property within the Area for the entire period that the Bonds (or bonds to refund Bonds) shall be outstanding 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 Council pursuant to Ordinance No. T31-08, entitled: AN ORDINANCE proposing the establishment of Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, n amount not to exced Illinois, and the issuance of bonds in theacost of providing special $580,000 for the purpose of paying services in and for such Area. (Randall Point Executive Center and Randall Point Executive Center 11) (the "'Proposing Ordinance"), duly adopted on the 10th day of September, 2008, and was considered at a public hearing (the "Hearing") duly held on the 24th day of September, 2008, by the Council, all pursuant to and as provided in the SSA Act; and -3- WHEREAS notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in The Courier -News, the same being a newspaper having a 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 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 or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS said notice as published and as mailed complied with all of the applicable provisions and requirements of the SSA Act; and WHEREAS all interested persons affected by the establishment of the Area or the issuance of the Bonds and the levy of the Bond Taxes, 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 and imposition of the Bond Taxes and an opportunity to file objections to the establishment of the Area or the issuance of the Bonds and the levy and imposition of the Bond Taxes; and WHEREAS the Council heard and determined all protests and objections at the Hearing; and WHEREAS the Hearing was finally adjourned on the 24th day of September, 2008; and WHEREAS the City expects that all electors, if any, residing within the Area and all of the owners of record of land included within the boundaries of the Area will file with the City Clerk of the City within 60 days of the final adjournment of the Hearing a waiver, in substantially the form set forth in EXHIBIT A, attached hereto and incorporated herewith, waiving their respective rights (among other items) to object to the creation of the Area, the levy or imposition of the Bond Taxes or the issuance of the Bonds for the provisions of Services to the Area; and WHEREAS the Council 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 at this time: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, in the exercise of its home rule powers, as follows: Section I. The preambles of this Ordinance are hereby incorporated into this text as if set out herein in full. Section 2. The Area is hereby established in and for the City and shall consist of the territory described in EXHIBIT B attached hereto and made a part hereof by this reference. The Area is known as (i) Randall Point Executive Center Subdivision and (ii) Randall Point Executive Center II Subdivision. The area is roughly bounded by the following street locations: Point Boulevard on the south (just north of Interstate 90); Randall Road on the west; Oak Hill Drive on the north and Sleepy Hollow Road on the east. The permanent tax index number of each parcel located in the Area is set forth in EXHIBIT C attached hereto and made a part hereof by this reference. An accurate map of the Area is attached hereto as EXHIBIT D and made a part hereof. Section 3. The purpose of the establishment of the Area is to pay the cost of providing the Services to the Area. The Bonds, in not to exceed the aggregate principal amount of $580,000 Section 4 and secured by the full faith and credit of the Area, are hereby expressly 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 an interest rate or rates not exceeding 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 -5- average 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 the Bond Taxes, being a direct annual tax sufficient to pay the principal and interest thereon, said tax to be extended upon all property subject to taxation 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 S. The City Clerk is hereby directed to file a certified copy of this Ordinance creating the Area, including an accurate map thereof, with the County Clerks and County Recorders of The Counties of Kane and Cook not later than 60 days after the date of adoption of this Ordinance - 0 Section 6. All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby superseded; and this Ordinance be in full force and effect forthwith upon its adoption and approval at the earlier of (a) the receipt by the City Clerk of the City of the waivers referenced in the preambles hereto from all electors, if any, residing within the Area and all of the owners of record of land included within the boundaries of the Area, or (b) the passage of 60 days from the final adjournment of the Hearing, during which time no petition signed by at least 51% of the electors, if any, residing within the Area and by at least 51% of the owners of record of land included within the boundaries of the Area was filed with the City Clerk of the City objecting to the creation of the Area, the levy or imposition of the Bond Taxes or the issuance of the Bonds for the provision of Services to the Area. AYES: Gilliam Ka tain Steffen Walters and Mayor Schock NAYS: ABSTENTIONS: ABSENT: Juan FiwLieroa Adopted this 8th day of October, 2008. Approved this 8th day of October, 2008- ATTEST: s/ Diane Robertson City Clerk, City of Elgin, Kane and Cook Counties, Illinois -7- s/ Ed Schock Mayor, City of Elgin, Kane and Cook Counties, Illinois EXHIBIT A REPRESENTATION, WAIVER AND CONSENT September 10, 2008 City Council City of Elgin Kane and Cook Counties, Illinois Chapman and Cutler LLP 111 West Monroe Street Chicago, Illinois Re: City of Elgin, Kane and Cook Counties, Illinois Establishment of Special Service Area Number 19 Ladies and Gentlemen: [Name of Owner], [Address] (the "Corporation"), hereby certifies that it is the corporation in whose name legal title exists to the land described on Exhibit,4 attached hereto and made a part hereof (the "Land") and has been such legal owner of record since The permanent tax index number of each parcel comprising the Land is set forth in Exhibit B attached hereto and made a part hereof As such owner of record, the Corporation represents the following: 1. The Land comprises a portion of the territory to be included in Special Service Area Number 19 (the "Area") of the City of Elgin, Kane and Cook Counties, Illinois (the ,.City „). 2. At 7:00 p.m., on the 24th day of September, 2008, at the City Hall, 150 Dexter Court, Elgin, Illinois, a public hearing (the "Hearing") is scheduled to be held by the City 3 Council (the "Corporate Authorities ") of the City to consider the establishment of the Area and the issuance of the Bonds defined below and the imposition of certain direct annual taxes. It is expected that the Hearing will be finally adjourned that same night. 3. At the Hearing, the Corporate Authorities will consider the (a) the establishment of the Area and (b) issuance of bonds (the "Bonds") in an amount not to exceed $580,000 and secured by the full faith and credit of the Area to pay the cost of the special services (the "Services"); all as described in the ordinance proposing the Area, which ordinance is expected to be passed by the Corporate Authorities on the 10th day of September, 2008. 4. The Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear at an interest rate or rates not exceeding 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, or any of them. 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. Said direct annual tax shall be levied upon all taxable property within the Area for the entire period that the Bonds (or bonds to refund Bonds) shall be outstanding and shall be unlimited as to rate or amount and in addition to other taxes permitted by law (the "Unlimited Bond Taxes "). 5. The Corporate Authorities will consider the establishment of the Area, which will include the authority to issue the Bonds pursuant to an ordinance or ordinances to be adopted within 60 days following the final adjournment of the Hearing. -9- Area. 6. A map of the Area is set forth as Exhibit C attached hereto and made a part hereof. 7. The Corporation is one of the owners of record of the territory comprising the 8. The Corporation received proper, complete and timely notice of the Hearing. 9. If so desired, the Corporation will be represented at the Hearing. Being fully apprised of the above-mentioned and based on the representations made hereto, the Corporation, as the owner of record of the Land, which is part of the Area, irrevocably waives, relinquishes and gives up any and all rights, remedies, or causes of action that the Corporation may have: (A) As a result of any defect, either procedural and jurisdictional, in the proceedings establishing the Area; (B) To file a petition at anytime objecting to the creation of the Area, the issuance of the Bonds or the levy of the Unlimited Bond Taxes, and any rights otherwise provided to an owner of record pursuant to the provisions of the Special Service Area Tax Law of the State of Illinois, as amended; or (C) To assign, sell, convey, or otherwise transfer the Land, or any interest therein, prior to or within 60 days following the final adjournment of the Hearing unless any subsequent owner of record of the Land executes a waiver containing language identical to (A), (B) and (C) hereof, and such waiver is delivered to and accepted by the City. The Corporation further represents, covenants, and certifies to the following: 1. The undersigned individual is a duly authorized officer of the Corporation, and as such is an officer with the proper corporate authority to execute this document, all necessary corporate authorizations antecedent or precedent to this action having been properly taken. Z. The Area will benefit specially from the services, and areas outside the boundaries of the Area may be benefited by the services. The Corporation hereby irrevocably 10- waives any and all objections, rights, remedies or causes of action that it may have in connection with such benefits realized by such other areas. 3. The Corporation will indemnify and hold harmless the City and the addressees of this waiver from any and all loss or damage caused by action in reliance upon the validity hereof. IN WITNESS WHEREOF the Corporation has caused this waiver to be executed and attested in its name, all as of the date first hereon written. [NAME OF OWNER] By(signature) (typed name) Its (title) ATTEST: B (signature) By (typed name) Its (title) [CORPORATE SEAL] Subscribed and sworn to before me this _ day of September, 2008. Notary Public My commission expires: (NOTARY SEAL) -11- EXHIBIT B LEGAL DESCRIPTION OF SPECIAL SERVICE AREA NUMBER 19 Lots 1-7 within Randall Point Executive Center, which has been recorded as a Final Plat of Subdivision as Document Number 98KO34512 on April 24, 1998 and legally described as follows: THE SOUTH 12.25 CHAINS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29 AND THAT PART OF THE NOR'T'H HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL N-413-55 ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDING FILED IN THE CIRCUIT COURT OF KANE COUNTY, ILLINOIS, AS CASE NO. 56-1213 (EXCEPTING THEREFROM THAT PART DESCRIBED IN PARCELS N -4D-55.2, N -4D-55.6 AND N-413-55.8 ACQUIRED BY SAID ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDINGS FILED IN CIRCUITCOURT OF KANE COUNTY, ILLINOIS AS CASE NO. 56-1213 AND ALSO THAT PARI' DESCRIBED IN PARCELS N-413-56.5; N -4D-56.15 AND N -4D-56.17; AND ALSO EXCEPT THAT PART CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENT 1984191 AND ALSO EXCEPT THAT PART CONVEYED TO COUNTY OF KANE BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENTS 1984192 AND 1984193) (AND ALSO LESS AND EXCEPT 'THAT' PART TAKEN IN CASE, 96EDKA0010 BY ILLINOIS STATE POLL HIGHWAY AUTHORITY) IN THE CITY OF ELGIN, DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. Lots 1-8 within Randall Point Executive Center II, which has been recorded as a Final Plat of Subdivision as Document Number 1999KO51203 on May 21, 1999 and legally described as follows: PART OF THE NORTHWEST QUARTER OF SECTION 32, "TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF SECTION 22; "THENCE NORTH 01 DEGREE 51 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 962.26 FEET (RECORD BEING 959.13 FEED TO THE NORTHEASTERLY LINE OF ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N -4D-57 AS MONUMENTF_D, FOR THE POINT BEGINNING; THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 2052.26 FEET (RECORD BEING 2056.46) TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 88 DEGREES 13 MINUTES 58 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 457.38 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NOR'T'H 01 DEGREE 51 MINUTES 58 SECONDS EAST, ALONG 'I'I4E EASI' LINT. OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 663.08 FEET TO THE NORTH LINE OF THE SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 88 DEGREES 12 MINUTES 29 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1321.74 FEET TO THE AFORESAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 01 DEGREE 51 MINUTES 04 SECONDS WEST, ALONG SAID FAST LINE, A DISTANCE OF 1687.78 FEET TO THE POINT OF BEGINNING, (EXCEPT ANY PART CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 28, 1989 DOCUMENT 1987287) BEING SITUATED IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. -2- EXHIBIT C PIN NUMBER EXHIBIT SPECIAL SERVICE AREA NUMBER 19 03-29-351-019, 03-29-351-022, 03-29-351-023, 03-29-351-020, 03-29-351-026, 03-32-102-004, 03-29-351-027,03-29-351-025, 03-32-102-005, 03-32-126-006, 03-32-126-005, 03-32-126-007, 03 -32 -129 -002,03-32-129-003,03-32-129-006,03-32-129-007,03-32-129-008 A-1 EXHIBIT P Map of Area Council Member Steffen moved and Council Member Walters seconded the motion that said ordinance as presented and read by title by the City Clerk be adopted. After a full discussion thereof, including a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Council Members voted AYE: Gilliam, Kaptain, Steffen, Walters and Mayor Schock. The following Council Members voted NAY: None Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. s/ Diane Robertson City Clerk DESCRIPTION OF THE SPECIAL SERVICES TO BE PROVIDED The Special Services to be provided for the Special Service Area #19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center H is intersection and traffic signalization improvements to and for the benefit of the intersection of Randall Road and Point Boulevard, which intersection is the sole access point to and from the proposed Special Service Area, and the purpose of the establishment of the proposed Special Service Area is to pay the cost of such municipal services to be provided. -2- NOTICE OF PUBLIC HEARING CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS SPECIAL SERVICE AREA NUMBER 19 NOTICE Is HERESY GIVEN that at 7:00 p.m., on the 24th day of September, 2008, at the City Hall, 150 Dexter Court, Elgin, Illinois, a hearing (the "Hearing") will be held by the City Council of the City of Elgin, Kane and Cook Counties, Illinois (the "City"), to consider the establishment of Special Service Area Number 19 of the City consisting of the following described territory (the "Area "): Lots 1-7 within Randall Point Executive Center, which has been recorded as a Final Plat of Subdivision as Document Number 98KO34512 on April 24, 1998 and legally described as follows: THE SOUTH 12.25 CHAINS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29 AND 'THAT PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWI:Si' QUARTER OF SECTION 32, "TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL N-413-55 ACQUIRED BY THE ILLINOIS STATE 'POLL HIGHWAY COMMISSION BY PROCEEDING FILED IN THE CIRCUIT LOUR"I' OF I,ANE COUNTY, ILLINOIS, AS CASE NO. 56-1213 (EXCEPTING THEREFROM THAT PARI' DESCRIBED IN PARCELS N -4D-55.2, N -4D-55.6 AND N -4D-55.8 ACQUIRED BY SAID ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDINGS FILED IN CIRCUIT COURT OF KANE COUNTY, ILLINOIS AS CASE NO. 56-1213 AND ALSO THAT PART DESCRIBED IN PARCELS N-413-56.5; N -4D-56.15 AND N -4D-56.17; AND ALSO EXCEPT THAT PART CONVEYED TO ILLINOIS STA'L'E TOLL. HIGHWAY AUTHORITY BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENT 1984191 AND ALSO EXCEPT THAT PARI- CONVEYED TO COUNTY OF KANE BY WARRANTY DEED RECORDED JULY 12,1989 AS DOCUMENTS 1984192 AND 198419.3) (AND ALSO LESS AND EXCEPT THAT PART TARN IN CASE 96EDKA0010 BY ILLINOIS SPATE TOLL HIGHWAY AUTHORITY) IN THE CITY OF ELGIN, DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. Lots 1-8 within Randall Posit Executive Center II, which has been recorded as a Final Plat of Subdivision as Document Number 1999K051203 on Mav 21, 1999 and legally described as follows: PART OFTHE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF SECTION 22; "THENCE NORTH 01 DEGREE 51 MINUTES 04 SECONDS FAST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 962.26 FEET (RECORD BEING 959.13 FEE I) TO THE NORT'HF,AS'FERLY LINE OF ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N -4D-57 AS MONUMENTED, FOR THE POINT BEGINNING; THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 2052.26 FEET (RECORD BEING 2056.46) T'O T'HE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 88 DEGREES 13 MINUTES 58 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 457.38 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH 01 DEGREE 51 MINUTES 58 SECONDS EAST, ALONG THE EAST LINE OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWES'1' QUARTER OF SECTION 32, A DISTANCE OF 663.08 FEET T'O THE NORTH LINE OF "THE SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 88 DEGREES 12 MINUTES 29 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1321.74 FEET TO THE AFORESAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION .32; THENCE SOUTH 01 DEGREE 51 MINUTES 04 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 1687.78 FEET TO THE POINT OF BEGINNING, (EYCEPT ANY PART' CONVEYF_'D TO ILLINOIS STATE. TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 28, 1989 DOCUMENT 1987287) BEING SITUATED IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. The Area is roughly bounded by the following street locations: Point Boulevard on the south (just north of Interstate 90); Randall Road on the west; Oak Hill Drive on the north and Sleep Hollow Road on the east. The permanent tax index number of each parcel located in the Area is as follows: 03-29-351-019,03-29-351-022,03-29-351-023,03 29-351-020,03-29-351-026,03-32-102-004,03-29- 351-027,03-29-351-025,03-32-102-005,03-32-126-006,03-32-126-005,03-32-126-007,03-32-129-002, 03-32-129-003,03-32-129-006,03-32-129-007,03-32-129-008 The Area is known as the (i) Randall Point Executive Center Subdivision and (ii) Randall Point Executive Center 11 Subdivision. An accurate map of said Area is on file in the office of the City Clerk of the City and is available for public inspection. The purpose of the establishment of the Area is to provide special municipal services (the "Services ") to the Area, namely, intersection and traffic signalization improvements to and for the benefit of the intersection of Randall Road and Point Boulevard, which intersection is the sole access point to and from the Area, all of the Services to be beneficial to the Area and all of the Services to be located on property now owned or to be acquired by the City and/or The County of Kane, Illinois, or property in which the City will obtain an interest sufficient for the provision of the Services. All of the Services are being undertaken in connection with new construction. The City shall issue bonds (the "Bonds ") in amount not to exceed $580,000, which includes costs of issuance, and secured by the full faith and credit of the Area for the purpose of paying the cost of providing the Services. The Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear at an interest rate or rates not exceeding 9% per annum. or 125% of the rate for the most recent date shown in the 20 G.O. Bards 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. The Bonds shall be retired by the levy of a direct annual tax sufficient on all property subject to taxation for the Services located within the Area to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity. Said direct annual tax shall be levied upon all taxable property within the Area for the entire period that the Bonds (or bonds to refund Bonds) shall be outstanding and shall be unlimited as to rate or amount and in addition to other taxes permitted by law. All interested persons affected by the establishment of the Area or the issuance of the Bonds, including all owners of real estate located within the Area, will be given an opportunity to be heard at the Hearing regarding the establishment of the Area and the issuance of the Bonds and an opportunity to file objections to the establishment of the Area or the issuance of the Bonds. At the Hearing, any interested persons affected by the Area may file with the City Clerk of the City written objections to and may be heard orally in respect to any issues embodied in this notice. The City Council of the City shall hear and determine all protests and objections at the Hearing, and the Hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of its adjournment. If a 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 is filed with the City Clerk of the City within 60 days following the final adjournment of the Hearing objecting to the creation of the Area or the issuance of the Bonds for the provision of the Services to the Area, no such Area may be created and no such Bonds may be issued. By order of the City Council of the City of Elgin, Kane and Cook Counties, Illinois. DATED this 3rd day of September, 2008. /s/ Diane Robertson City Clerk, City of Elgin Kane and Cook Counties, Illinois STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) SPECIAL SERVICE AREA FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Recorder of The County of Kane, Illinois, and as such official I do further certify that on the _day of 2008, there were filed in my office duly certified copy of an ordinance establishing Special Service Area Number 19 (the "Area ") of the City of Elgin, Kane and Cook Counties, Illinois (the "City"), entitled: AN ORDINANCE establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II duly adopted by the City Council of the City on the 8th day of October, 2008; that said ordinance contains a legal description of the territory of the Area, the permanent tax index numbers of the parcels located within the territory of the Area, an accurate map of the territory, and a description of the special services to be provided; that said ordinance has been recorded no later than 60 days after the date the ordinance was adopted; and that said ordinance, along with the notice of the public hearing held in connection with the establishment of the Area, has been deposited in the official files and records of my office. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County, this _ day of 2008. County Recorder of The County of Kane, Illinois (SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) SPECIAL SERVICE AREA FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kane, Illinois, and as such official I do further certify that on the _ day of 2008, there were filed in my office duly certified showings to support the establishment of Special Service Area Number 19 (the "Area") of the City of Elgin, Kane and Cook Counties, Illinois (the "City") as follows: Certified copy of Ordinance No. T33-08 entitled: AN ORDINANCE establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II duly adopted by the City Council of the City on the 8th day of October, 2008; and 2. An accurate map of the Area, and that the same have been deposited in the official files and records of my office. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County, this _ day of 2008. County Clerk of the County of Kane, Illinois (SEAL)