T7-77 ..
AN ORDINANCE Ordinance No. T7-77
PROPOSING ESTABLISHMENT OF A SPECIAL SERVICE AREA
IN THE CITY OF ELGIN AND PROVIDING FOR A PUBLIC HEARING
rft. AND OTHER PROCEDURES IN CONNECTION THEREWITH
WHEREAS, special service areas may be established pursuant to Article VII , Section
6L of the Constitution of the State of Illinois which provides as follows:
"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
WHEREAS, special service areas may be established 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 units and counties and
pursuant to the Revenue Act of 1939.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1 . That 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.
Section 2. That said area is compact and contiguous and constitutes a substantial
part of the central business district of the City of Elgin.
Section 3. That said area is classified under the Zoning Ordinance of the City
of Elgin for commercial purposes and will benefit specially from the municipal services
proposed to be provided and that such services are unique and in addition to those
municipal services provided to the City of Elgin as a whole and it is, therefore, in
the best interests of the City of Elgin that the levy of special taxes against said
area for the services proposed to be provided be considered.
Section 4. That a public hearing shall be held on the third day of August, 1977,
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, in the
territory described in the notice set forth in Section 5 of this ordinance. At the
hearing, there shall be considered a levy of an annual tax of not to exceed an annual
rate of $4.00 per $100.00 of assessed evaluation, as equalized, of property located in
the proposed special service area. Said taxes shall be in addition to all other taxes
provided by law and shall be levied pursuant to the provisions of the Revenue Act of 1939.
Section 5. Notice of hearing of the public hearing described in Section 4 of this
ordinance shall be published at least once not less than fifteen (15) days prior to a
public hearing in the Daily Courier News, a newspaper of general circulation in the City
of Elgin. In addition, notice by mailing shall be given by depositing a copy of said
notice in the U.S. mails addressed to the person or persons 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 in
substantially the following form:
NOTICE OF HEARING
CITY OF ELGIN SPECIAL
SERVICE AREA NUMBER TWO
NOTICE IS HEREBY GIVEN that on August 3, 1977, at 8:00 P.M. in the Council
Chambers of the Municipal Building, 150 Dexter Court, Elgin, Illinois, a hearing
will be held by the corporate authorities of the City of Elgin to consider forming
a special service area consisting 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.
4)
PARCEL IV
And that part of the Southwest quarter of Section 13, Township 41 North, Range 8
rk 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. R.R. 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. R.R. R.O.W.
The approximate street location is the area bounded by Dexter Avenue between Douglas
Avenue and Center Street; Center Street between Dexter Avenue and Highland Avenue;
Highland Avenue between Center Street and Geneva Street; Geneva Street between
Highland Avenue and DuPage Street; DuPage Street between Geneva Street and Villa
Street; Villa Street between DuPage Street and Fulton Street; Fulton Street between
Villa Street and South Spring Street to the right of way line of the Chicago and
Northwestern Railroad; then west along the alley running from Spring Street to the
westerly line of Lot 4 in Block 15 of J. T. Gifford's Plat; then north to Chicago
Street; Chicago Street between the westerly line of Lot 4 in Block 15 of J. T.
Gifford's Plat and Riverside Drive; Riverside Drive between Chicago Street and
Highland Avenue; Highland Avenue between Riverside Drive and Douglas Avenue; Douglas
Avenue between Highland Avenue and Dexter Court, as shown on the attached map.
All interested persons affected by the formation of proposed City of Elgin
r' Special Service Area Number 2 will be given an opportunity to be heard regarding
the formation of and the boundaries of the special service area herein proposed
and may object to the formation of the area and the levy of taxes affecting said
area.
The purpose of the formation of City of Elgin Special Service Area Number 2,
in general , is to provide off street parking in the central business district by
the construction and operation of a multi-level parking facility.
A special tax will be considered at the public hearing not to exceed an annual
rate of $4.00 per $100.00 of assessed evaluation, as equalized, to be levied against
the property included in the special service area.
At the hearing, all persons affected will be given an opportunity to be heard.
The hearing may be adjourned by the corporate authorities without further notice to
another date by motion to be entered upon the minutes of its meeting fixing the time
and place of its adjournment.
In the event that a petition signed by at least 51% of the electors residing
within the special service area and by at least 51% of the owners of record of the
land included within the boundaries of the proposed special service area is filed
with the City Clerk within 30 days following the final adjournment of the public
hearing objecting to the creation of the special service district or the levy or
imposition of the tax proposed, the district may not be created and the tax may not
be levied or imposed as proposed.
Dated this 13th day of July, 1977.
s/ Marie Yearman
City Clerk
Section 6. This ordinance shall be in full force and effect from and
after its adoption and approval as provided by law.
4111)
s/ Richard L . Verbic
Richard L. Verbic, Mayor
Presented: July 13, 1977
Passed: July 13 , 1977
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk