96-76 Resolution No. 96-76
RESOLUTION
AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION
OF JUDGMENT FOR CASE NOS. 94 OV 470 AND 94 OV 4853, ENTITLED
CITY OF ELGIN V. JEAN PENOSKY
WHEREAS, Jean Penosky is the owner of the property
commonly referred to as 612 S. Liberty Street, Elgin; and
WHEREAS, violations of the Property Maintenance Code are
currently existing on the property; and
WHEREAS, the city has obtained judgments against
Ms . Penosky in two housing court cases because she has failed
to maintain the property in compliance with the Property
Maintenance Code of the City of Elgin; and
WHEREAS, the property is currently in foreclosure with a
Sheriff ' s Sale scheduled for 22 March 1996; and
WHEREAS, economic rehabilitation of the property is not
feasible unless the city' s judgment liens on the property are
reduced; and
WHEREAS, Ms . Penosky has secured purchasers for the
property who have agreed to deposit rehabilitation funds with
the city to ensure the Property Maintenance Code violations
are corrected before 31 August 1996; and
WHEREAS, the public interest will best be served if the
Property Maintenance Code violations are corrected as quickly
as possible to eliminate the property's blight and its
detrimental effect on surrounding properties .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Corporation Counsel Erwin W.
Jentsch be and is hereby authorized and directed to execute a
Release and Satisfaction of Judgment on behalf of the City of
Elgin for Case Nos . 94 OV 470 and 94 OV 4853 (City of Elgin v.
Jean Penosky) on the condition that ( 1) Ms . Penosky tenders
payment to the City of Elgin in the amount of one thousand
dollars ( $1, 000. 00) before 22 March 1996, and (2) the
property's purchasers, James Kendzora and Steven Elder,
execute a Code Violation Escrow Agreement with the city, and
deposit the sum of ten thousand dollars ($10,000 . 00) with the
city in accordance with that agreement, before 22 March 1996 .
s/ Kevin Kelly
Kevin Kelly, Mayor
. R
Presented: March 13, 1996
Adopted: March 13, 1996
Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk