T10-77 (2) Ordinance No. T10-77
AN ORDINANCE
ESTABLISHING SPECIAL SERVICE AREA NUMBER TWO IN THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. Authority. That a special service area to be known as City
of Elgin Special Service Area Number Two is hereby established pursuant to
the provisions of Article VII, Sections 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 an ordinance passed July 13, 1977 and entitled: "An Ordinance Propos-
ing 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 3, 1977 by the City Council pursuant to Notice
duly published in Daily Courier-News, July 15, 1977, a newspaper of general cir-
culation published in the City of Elgin, at least fifteen (15) days prior to the
hearing and 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 3, 1977. 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 purpose of providing off-street parking in the central
business district of the City of Elgin by the construction and operation of a
multi-level parking facility. The City Council considered questions raised at
the hearing regarding the purpose of the formation of the district and the need
for off-street parking in the central business district 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. The following property owners or tenants
appeared at the public hearing and objected to the potential tax to be imposed
upon properties located in the district: Pete Andersen, Frank Ciacco, Rose
Hawkins, Earl Keeney and Paul Warren. The following property owners appeared and
requested that the proposed special service area be formed as proposed: George
Perucco, Harold Seigle and Paul Zumkeller.
C. That no petition signed by 51% of the electors residing within the
proposed special service area and by at least 51% of 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.
D. That said area to be included in the special service area is compact
and contiguous and is included in the central business district of the City of
Elgin.
E. That it is in the best interests of the area described that the
furnishing of the municipal services proposed be provided for the common interests
of said area.
F. That said area is classified under the zoning ordinance for commercial
purposes and will benefit specially from the municipal services to be provided;
the proposed municipal 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 Elgin Special Service Area
Number Two" is hereby established and shall consist of the following described
territory:
PARCEL I
That part of the Northeast quarter of Section 14, Township 41 North,
Range 8 East, in Elgin Township, Kane County, Illinois, described as
follows:
All of Block 2 of S. N. Dexter's Addition, Lot 316 of the County
Clerk's Subdivision, and all of Towner and Wetmore's Subdivision;
also
All of Block 17 of James T. Gifford's Plat, and Lot 317 of the
County Clerk's Subdivision; also
All of Block 20 of James T. Gifford's Plat, and all of the Assessor's
Subdivision of Lot 6 of Block 20 of James T. Gifford's Plat; also
All of Block 19 of James T. Gifford's Plat; also
All of Block 16 of James T. Gifford's Plat, and Lot 318 of the
County Clerk's Subdivision.
PARCEL II
And that part of the Southeast quarter of Section 14, Township 41 North,
Range 8 East, in Elgin Township, Kane County, Illinois, described as
follows:
Lots 1, 2, 3, and 4 of Block 15 of James T. Gifford's Plat, and
Lot 319 of the County Clerk's Subdivision.
PARCEL III
And that part of the Northeast quarter of Section 13, Township 41 North,
Range 8 East, in Elgin Township, Kane County, Illinois, described as
follows:
All of Block 3 of S. N. Dexter's Addition; also
All of Block 9 of James T. Gifford's Plat; also
All of Block 10 of James T. Gifford's Plat; also
All of Block 7 of James T. Gifford's Plat.
PARCEL IV
And that part of the Southwest quarter of Section 13, Township 41 North,
Range 8 East, in Elgin Township, Kane County, Illinois, described as
follows:
All of Block 11 of James T. Gifford's Plat, including the
adjoining C.$N.W. RR R.O.W. ; also
All of Block 6 of James T. Gifford's Plat; also
All of Block 12 of James T. Gifford's Plat, including
the adjoining C.$N.W. RR R.O.W.
All of the above described property being situated in Elgin Township, Kane
County, Illinois.
Section 4. Purpose 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. Included in said
services shall be the design, construction and operation of a multi-level public
parking facility and all things incidental thereto including but not limited to
acquisition of land and the construction of street improvements.
Section 5. Tax. That a tax not to exceed an annual rate of $4.00 per $100.00
of assessed evalu is on, as equalled, is authorized to be levied against real and
personal property included in the special service area.
Section 6. That in accordance with the applicable statute the corporate
authorities of the City of Elgin shall be the governing body of the City of
Elgin Special Service Area Number Two.
Section 7. 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 8. 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: Smtbr, 1971Passed: September
Vote: Yeas 6 Nays 1
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk