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T9-75 Ordinance Noe T9-75 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS: Section 1. Authority to Establish Special Service Areas. Special service areas are established pursuant to Article VII, Section 6L of the Constitution of the State of Illinois, 1970, which provides: "The General Assembly may not deny or limit the power of home rule units (1) to make local improvements by special assessment and to exercise this power jointly with other counties and municipalities, and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government or (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 and pursuant to the Revenue Act of 1939. Section 2. Findings. The City Council finds: A. It is in the public interest that the creation of the area hereinafter described as a special service area for the purposes set forth herein be considered. B. That said area is compact and contiguous and constitutes a principle shopping area in the City of Elgin. C. That said area is zoned for commercial purposes and will benefit specially from the municipal services to be pro- vided and that said proposed municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole and it is, therefore, in the best interests of the City of Elgin to consider the issuance of general obligation bonds to pay part of the cost of said special services to be retired by the levy of a direct tax on all taxable property in the proposed special service area. Section 3. Public Hearing--Issuance of Bonds. That a public hearing shall be held on the 27th day of August, 1975, in the Council Chambers of the Municipal Building, 150 Dexter Court, Elgin, Illinois, to consider the creation of Special Service Area Number 2 of the City of Elgin and the territory described in the notice set forth in Section 4 hereof. At the hearing there will be considered the borrowing of Two Hundred and All Seventy-Five Thousand Dollars ($275,000.00) to be evidenced by general obligation bonds, the proceeds of which will be used to pay part of the cost of construction of a modified shopping mall in said special service area. Said bonds are to be retired over not to exceed a ten year period and to bear interest at a rate of not to exceed eight (8%) percent per annum. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as they fall due and to discharge the principle thereof at maturity. Said tax is to be levied upon all taxable property within the proposed special service area Section 4. Notice of Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Daily Courier-News, a newspaper of general circulation in the City of Elgin. In addition, notice of mailing shall be given by depositing said 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 proposed special service area. Said notice shall be mailed 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, notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. The notice shall be substantially in the following form: NOTICE OF HEARING CITY OF ELGIN SPECIAL SERVICE AREA NUMBER 2 Notice is hereby given that on August 27, 1975 at 7:00 p.m. in the Council Chambers of the Municipal Buildings, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the formation of a special service area consisting 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