G3-76 r Y
Ordinance No. G3-76
AN ORDINANCE
ESTABLISHING A SPECIAL SERVICE AREA IN THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. Section 1. Authority. That a special service area is hereby
established pursuant to the provisions of Article VII, Section 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 a resolution passed July 30, 1975 and entitled "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" and considered at
a public hearing held on August 27, 1975 by the City Council pursuant to Notice
duly published in Daily Courier News, August 12, 1975, a newspaper of general
circulation published in the City of Elgin, at least fifteen (15) days prior to
the hearing 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 August 27, 1975. 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 payment for professional services necessary for the design
and engineering of a shopping mall within said special service area in the amount
of $275,000.00, as set forth in the Notice. The City Council considered questions
raised at the hearing regarding the purpose of the formation of the district and
the need for design and engineering services 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.
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C. That no electors reside within the proposed special service area and
a petition by 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, but said petition was not signed
by at least 51% of the owners of property included within the area.
D. That said area to be included in the special service area is compact
and contiguous and constitutes a part of the principal shopping area of the
City of Elgin.
E. That it is in the best interest of said special service area that the
furnishing of the municipal services proposed be provided for the common
interests of said area.
F. That said area is zoned for commercial purposes and will benefit
specially from municipal services proposed to be provided. The proposed muni-
cipal 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 and designated as "City of Erin Special Service Area
Number Two" is hereby established and shall consist 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
Town of Elgin, on the East Side of the Fox River, described as
follows: Commencing at the Southeast Corner of said Lot 2; thence
Westerly along the Southerly Line of said LOt, 6.5' ; thence North-
erly 33 20' Westerly parallel with the Easterly Line of North
Grove Avenue (formerly River Street) 33' ; thence Northeasterly
along a line, which if extended, would intersect the Easterly
Line of said Lot 2 at a point 44' North of the Southeast Corner
thereof, to the Easterly Line of an alley, for the point of
beginning; thence Northeasterly to a point in the Easterly Line
of Lot 2 aforesaid, 44.0' North of the Southeast Corner thereof;
thence Easterly parallel with the South Line of said Lot 1, 66.0'
to the East Line thereof; thence Northerly along the East Line
of said Lot to a point 44' South of the Northeast Corner of said
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Lot; thence Westerly parallel with the North Lines of Lots 1 ando2
to the Easterly Line of the alley aforesaid; thence Southerly 33
20' East along the Easterly Line of said alley to the point of
beginning, except the North 22.5' thereof, measured along the
Easterly Line, being situated in the City of Elgin, Kane County,
Illinois, (commonly known as 18 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: The North 22' (Measure on the East Line Thereof) of
the following described premises: 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 Southwest Corner thereof; thence West along the
South Line of said Lot 2, 6.5' ; thence Northerly 33° 20' West
parallel with the Easterly Line of North 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 Southerly Line of
said Lot 1, 66' to the Easterly Line of said Lot 1; thence Southerly
along said Easterly Line 44' to the point of beginning in the City
of Elgin, Kane County, Illinois, (commonly known as 16 Douglas
Avenue) also
That part of the Northeast Quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Merician, described as
follows: The South 22' (Measure on the Easterly Line Thereof) of
the following described premises: That part of Lots 1 and 2 in
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 Southwest Corner thereof; thence Northerly
33° 20' Westerly parallel with the Easterly Line of Grove Avenue
(formerly River Street) 33' ; thence Northwesterly 30' to a point
on the Westerly Line of said Lot 1, 44' North of the Southwest Corner
thereof; thence Easterly parallel with the Southerly 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 14 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: Commencing on the Westerly- line of Mill Street at the
Northeast Corner of Lot 4 in Block 19 of James T. Gifford's
Original Plat of the Town of Elgin, as laid by said James T.
Gifford and recorded in the Recorder's Office for Kane County,
Illinois; thence Southerly 31' along the Westerly line of said
street, now known as Douglas Avenue; thence Westerly parallel with
the Northerly Line of said Lot 4, 66' to the Westerly line of
said lot; thence Northerly on said Line 31' to the Northerly Line
of said Lot; thence Easterly on said North Line 66' to the place of
beginning, situated in the City of Elgin, Kane County, State of
Illinois, (commonly known as 10 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: The Southerly 20' of the North 51' of Lot 4, Block 19,
of J. T. Gifford's Plat of the Original Town of Elgin. Being
situated in Elgin Township, Kane County, Illinois, (commonly known
as 8 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 3 and 4 1h: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 4; thence Northerly along
the Easterly Line of said Lot, 60' ; thence Westerly at right angles
to the said Easterly Line 66' to the Westerly Line of said Lot; thence
Southwesterly at right angles to the Easterly Line of Grove Avenue
(formerly known as River Street) to the Westerly Line of said Lot 3;
thence Southerly along said Westerly Line of Lot 4 aforesaid, to the
Southerly Line of said Lot 4; thence Easterly along the Southerly
Line of said Lot, 49.5' to the point of beginning; also that part
of Lot 3 in Block 19 of the Original Town of Elgin on the East Side
of the Fox River described as follows: Beginning at a point on the
Westerly Line of Lot 3, aforesaid, 44' Southerly from the Northwest
Corner thereof; thence Southerly along the Westerly Line of said Lot,
53' and 8" to the Northerly Line of the lot conveyed to the Home
National Bank of Elgin by Deed Dated June 3, 1890 and recorded
June 17, 1890 as Document 30468 in Book 266, Page 115; thence Easterly
at right angles to the Easterly Line of River Street, 19'9" to the
Easterly Line of said Lot 3; thence Northerly along said Easterly
41)
Line to a point therein from which a line drawn at right angles to the
Easterly Line of River Street would intersect the place of beginning;
thence Westerly at right angles to River Street and along said Line,
80'2" to the point of beginning; Also North 21' of the South 81' of
Lot 4 (Measured on the Easterly Line of Said Lot) in Block 19 of the
Original Town of Elgin, on the East Side of the Fox River in Section 14,
Township 41 North, Range 8 East of the Third Principal Meridian, all
in Kane County, Illinois, (commonly known as 100 East Chicago Street)
also
That part of the Northeast Quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian, described as
follows: A strip of land 22' in width of the North end of Lots 4
and 5 in Block 16 of the Plat of Elgin (Original Town of Elgin)
as laid out by James T. Gifford, excepting that part thereof
belonging to the Chicago and North Western Railroad Company
(formerly the Galena and Chicago Union Railway Company) for a
right-of-way and excepting the easement of the alley 10' in
width along the Westerly side of the railway right-of-way afore-
said; sometimes known as Lot "B", Block 16 of the Assessors
Subdivision of Lots and Blocks in the City of Elgin, Kane County,
Illinois, (commonly known as 23 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 3, 4 and 5 in Block 16 of the
Original Town of Elgin, on the East Side of the Fox River described
as follows: Beginning at a point in the East Line of Douglas
Avenue that is 22.5' South of the South Line of Highland Avenue,
eo- thence South along said East Line 22' ; thence Easterly parallel
with the South Line of Highland Avenue 131.95' to the Westerly
right-of-way of the Chicago and North Western Railway; thence
Northwesterly along said right-of-way line, 24.875' ; thence
Westerly 120.5' to the point of beginning, subject to the burden
and including the benefits of an alleyway 10' wide along the rail-
way right-of-way, being situated in Elgin Township, Kane County,
Illinois, (commonly known as 21 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 3, 4 and S in Block 16 of the
Original Town of Elgin on the East Side of the Fox River, described
as follows: Commencing at the Northwest Corner of said Lot 5;
thence Southerly along the Westerly line of said Lot 5, 44.5' for
the point of beginning; thence Southerly along the Westerly Line
of said Lot, 22' ; thence Easterly, parallel with the Northerly
Line of said Lots 5, 4 and 3 to the Westerly Line of the right-Of-
way of the Chicago and North Western Railway Company; thence North-
westerly along said Westerly right-of-way line drawn Easterly
parallel with the Northerly Line of said Lots from the point of
beginning; thence Westerly along said parallel line to the point of
beginning, in the City of Elgin, Kane County, Illinois, (commonly
known as 19 Douglas Avenue), also
Ow That part of the Northeast Quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian, described as
follows: Part of Lots 3, 4 and 5 in Block 16 of J. T. Gifford's
Original Plat of the Town of Elgin and bounded as follows: to-wit:
Beginning on the East Line of Douglas Avenue at a point 66.5' South
of the Northwest Corner of said Lot 5; thence South on the East Line
of Douglas Avenue 22' ; thence East to the right-of-way of the Chicago
and North Western Railway Company; thence Nrothwesterly along the
Westerly Line of said right-of-way to a point 66.5' South at right
angles from the North Line of said Lots 3, 4 and 5; thence West to
the place of beginning excepting an alley-way 10' wide extending
along the right-of-way of said Railroad. Being situated in the
City of Elgin, Kane County, Illinois, (commonly known as 17 Douglas
Avenue), also
That part of the Northeastern Quarter of Section 14, Township
41 North, Range 8 East of the Third Principal Meridian, described
as follows: The Western one third of Lot 6 in Block 16 of the
Original Town of Elgin, on the East Side of the Fox River, in
the City of Elgin, Kane County, Illinois, (commonly known as
5 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 3, 4 and 5 in Block 16 of the
Original Town of Elgin, on the East Side of the Fox River, described
as follows: Beginning at the Southwest Corner of said Lot 5; thence
North along the Westerly Line of said Lot 5, 22' ; thence Easterly
parallel with the South Line of said Lots 5, 4 and 3 to the Westerly
right-of-way line of the Chicago and North Western Railroad Company;
thence Southerly along said Northwesterly right-of-way line to the
South Line of said Lot 3; thence Westerly along the South Line of
said Lots 3, 4 and 5 to the point of beginning. That part of Lots
3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East
Side of the Fox River, described as follows: Commencing at the
Southwest Corner of said Lot 5; thence North along the Westerly
Line of said Lot 5, 22' for the point of beginning; thence North
along the West Line of said Lot 5, 21.5' ; thence Easterly parallel
with the South Line of said Lots 5, 4 and 3 to the Westerly right-
of-way line of the Chicago and North Western Railroad Company;
thence Southerly along said Westerly right-of-way line to a line
drawn parallel with the Southerly Line of said Lots 5, 4 and 3
from the point of beginning; thence Westerly along said parallel
line to the point of beginning; in the City of Elgin, Kane County,
Illinois, (commonly known as 15 Douglas Avenue) .
The approximate street location:
That part of the Northeast Quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the Intersection of the Center Line of
Highland Avenue and the Westerly Line of the Chicago and North
Western Rail Road right-of-way; thence Westerly along the Center
Line of Highland A distance of 330 feet more or less to a line
being parallel with and 66 feet East of Grove Avenue (formerly
River Street) ; thence Southeasterly along the aforesaid line a
distance of 160 feet more or less; thence Southwesterly at an
angle of 90° from the last described course a distance of 18 feet
more or less; thence Southeasterly along a line being parallel with
and 48 feet East of Grove Avenue (formerly River Street) a distance
of 44 feet more or less to the South Line of Lot 2 Block 19 of
J. T. Gifford's Plat of the Original Town of Elgin; thence Easterly
along the aforesaid South Line a distance of 605 feet more or less
to the East Line of Lot 3 Block 19 of J. T. Gifford's Plat of the
Original Town of Elgin; thence Southerly along the aforesaid East
Line of Lot 2 a distance of 10.1 feet more or less; thence South-
westerly along a line being perpendicular to the Center line of
Grove Avenue (formerly River Street) a distance of 82 feet more or
less to the Center line of Grove Avenue (formerly River Street);
thence Southeasterly along the aforesaid Center line a distance of
128 feet more or less to the Center line of Chicago Street; thence
Easterly a distance of 152 feet more or less; thence Northerly
along a line being parallel to and 22 feet East of Douglas Avenue
a distance of 151 feet more or less; thence Easterly at an angle
of 90° more or less from the last described course a distance of
169 feet more or less to the Westerly Line of the Chicago and
North Western Rail Road right-of-way; thence Northwesterly along
the West Line of the Chicago and North Western Rail Road right-
of-way a distance of 205 feet more or less to the place of beginning.
Being situated in the City of Elgin, Kane County, Illinois.
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Section 4. Purvose of Area. That City of Elgin Special Service Area
Number Two is established to provide special municipal services to said
area in addition to services provided to the City generally. The purpose
of the formation of City of Elgin Special Service Area Number Two in general
is to provide special municipal services to the area including but not
limited to the creation of the modified shopping mall including a full com-
plement of architectural street. features consisting of such items as raised
planters, bollards, benches, flower pots, trash receptacles, pedestrian
directory, drinking fountain pedestrian lights, and street lights and under-
ground water irrigation system. City of Elgin Special Service Area Number
Two is also created so that general obligation bonds may be issued to pay for
the cost of design and construction of said modified shopping mall. Said
bonds, if issued, shall be in an amount not to exceed Two Hundred and Seventy-
Five Thousand Dollars ($275,000.00) at an interest rate not to exceed eight
(8) percent and to mature within ten (10) years. Said bonds, if issued, shall
be retired by the levy of a direct tax to pay the interest on such bonds as
it falls due to discharge the principle thereof at maturity; said tax to be
levied upon all taxable property within the proposed special service area.
Section 5. 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 6. Effective Date. That this ordinance shall be in full force
and effect upon its passage and approval in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: January 14, 1976
Passed: January 14, 1976
Vote: Yeas 5 Nays 2
Recorded: January 14, 1976
Published: January 14, 1976
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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