T10-77 September 7, 1977
MEMJRANT)UM
TO: Mayor and Members of the City Council
FROM: Erwin W. Jentsch, Corporation Counsel
SUBJECT: Special Service Area Number Two
Section 1309 of Chapter 120 of the Illinois Revised Statutes provides
that if a petition signed by at least 51 percent of the electors residing
within a proposed special service area and at least 51 percent of the owners
of record of the land included within the boundaries of the proposed special
service area is filed with the municipal clerk within 30 days following final
adjournment of the public hearing objecting to the creation of the special
(Pk service district, no such district may be created.
Petitions purportedly signed by electors and owners of property- within
the proposed Special Service Area Number Two were filed with the City Clerk
within 30 days following public hearing held on August 3, 1977.
The County Clerk advises that through September 3, 1977, his records
indicate 80 registered voters in the proposed special service area. Petitions
signed by 32 persons purporting to be electors and residing in the special
service area were filed objecting to the formation of the district. An attorney
for the objectors suggests that six other persons who signed the objecting
petition are electors, although their names were not included in those
furnished by the County Clerk. Additionally, he suggests at least 13 persons
whose names appeared on the County Clerk's list of registered voters are
no longer residents. However, no proof to substantiate his suggestions has
been furnished to date.
The Chicago Title Insurance Company, at the request of the City of Elgin,
examined its property indices and found a total of 115 owners of record of
Mayor and Members of the City Council -2- September 7, 1977
property located within the proposed special service area. An examination of
written objections by persons purporting to be owners of record of property
within the proposed special service area indicates that objections by 47
owners of record were filed.
In order to meet the requirement of at least 51 percent of the owners
of record, objections totaling 59 would be necessary to meet the requirement
for objecting property owners. In order to meet the 51 percent requirement
for electors, it appears that 41 signatures were necessary.
Therefore, based upon the information available through September 7, 1977
it appears that insufficient signatures of electors and owners of record
appeared on the objections to the formation of Special Service Area Number Two
and that the City Council may proceed to pass an ordinance forming said
special service area.
In the event that subsequent information of a convincing nature is
presented the City Council could, of course, repeal the ordinance or take no
further steps with respect to the formation of Special Service Area Number Two.
However, in view of the constraints of time, I recommend the City proceed
to pass an ordinance at its special meeting on September 7, 1977 and proceed
to evaluate any further information between September 7 and the passage of the
necessary tax levy ordinance on September 19, 1977.
Erwin W. Jentsch
Corporation Counsel
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