T7-84 ORDINANCE NO. T7- 84
AN ORDINANCE proposing the establishment of
the Elgin-O'Hare Special Service Area Number
One in the City of Elgin, Kane and Cook
* I Counties , Illinois , and the issuance of bonds
in the amount of $1 , 500, 000 for the purpose
of paying the cost of providing special ser-
vices in and for such Area.
*
WHEREAS, special service areas are established pursuant
to Part (1 ) ( 2 ) of Section 6 of Article VII of the 1970 Constitu-
tion of the State of Illinois, which provides:
The General Assembly may not deny or
limit the power of home rule units . . .
( 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 incur-
red 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, " approved
September 21, 1973, as amended, and pursuant to the Revenue Act
of 1939 of the State of Illinois, as amended;
WHEREAS, it is in the public interest that the estab-
lishment of the area hereinafter described as a special service
area for the purpose set forth herein be considered (the "Area" ) ;
and
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WHEREAS, the Area is compact and contiguous and is
totally within the corporate limits of the City of Elgin, Kane
and Cook Counties , Illinois (the "City" ) ; and
WHEREAS, the Area will benefit specially from the
municipal services to be provided ( the "Services" ) , and the Ser-
vices are unique and in addition to municipal services provided
to the City as a whole and it is , therefore, in the best inter-
ests of the City that the establishment of the Area be con-
sidered; and
WHEREAS, it is hereby estimated that the cost of
providing the Services will be not less than $ 1 , 500 , 000 . 00 ; and
WHEREAS, it is in the public interest that the issuance
of bonds in not to exceed the amount of $1,500,000 and secured by
the full faith and credit of the Area be considered for the
purpose of paying part of the cost of providing the Services (the
"Bonds" ) ; and
WHEREAS, the Bonds shall be retired over a period not
to exceed 20 years from the issuance thereof and shall bear
interest at not to exceed the greater of 9% per annum or 125% of
the rate for the most recent date shown in the 20 G.O. Bonds
Index of average municipal bond yields as published in the most
recent edition of The Bond Buyer, published in New York,
New York , at the time the contract is made for the sale of the
Bonds; and
WHEREAS, the Bonds shall be retired by the levy of a
direct annual tax sufficient to pay the interest on the Bonds as
the same comes due and to discharge the principal thereof at
maturity; and
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eft.
WHEREAS, said direct annual tax shall be levied upon
all taxable property within the Area for said period of not to
exceed 20 years and shall be unlimited as to rate or amount and
in addition to all other taxes permitted by law:
NOW, THEREFORE, Be It Ordained by the City Council of
the City of Elgin, Kane and Cook Counties, Illinois, as follows:
Section 1. That the preambles of this ordinance are
hereby incorporated into this text as if set out herein in full .
Section 2. That a public hearing shall be held at
8 : 00 o' clock P .M. , on the 22nd day of October , 1984 , at
the Municipal Building, 150 Dexter Court , Elgin, Illinois, (the
"Hearing" ) , to consider the establishment of the Area in the
territory and for the purpose of providing the Services described
in the Notice of Public Hearing set forth in Section 4 hereof
(the "Notice" ) and to consider the issuance of the Bonds
described in the Notice.
Section 3. That notice of the Hearing shall be given
by publication and mailing. Notice by publication shall be given
by publication at least once not less than fifteen (15) days
prior to the Hearing in Daily Courier News, the same being a
newspaper of general circulation within the City. Notice by
mailing shall be given by depositing the 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 Area. The Notice
shall be mailed not less than ten (10) days prior to the time set
for the Hearing. In the event taxes for the last preceding year
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were not paid, the Notice shall be sent to the person last listed
on the tax rolls prior to that year as the owner of said
property.
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Section 4. That the Notice shall be in substantially
the following form:
NOTICE OF PUBLIC HEARING
CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS
ELGIN-O'HARE SPECIAL SERVICE AREA NUMBER ONE
NOTICE IS HEREBY GIVEN that on October 22 , 1984,
at 8 : 00 o 'clock p .M. at the Municipal Building, 150
Dexter Court , Elgin, Illinois, a hearing will be held by the City
Council of the City of Elgin, Kane and Cook Counties, Illinois ,
to consider the establishment of Elgin-O'Hare Special Service
Area Number One of said City consisting of the following de-
scribed territory:
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PARCEL 1
That part of Lot 1 lying Northerly of a line described as
follows: Commencing at the Northwest corner of said Lot 1;
thence Southerly, along the Westerly line of said Lot 1, a dis-
tance of 566.73 feet to a point on said Westerly line that is
30$.-95 feet Northerly of (as measured along said Westerly line)
an angle point in the Westerly line of said Lot 1 , for the point
of beginning of the aforesaid line; thence Easterly, perpendicu-
lar to the Westerly line of said Lot 1, a distance of 278. 24 feet
to the Westerly line of Airport Road for the terminus of the
aforesaid line, in Elgin - O'Hare Business Center , being a sub-
division of part of Section 34 , Township 42 North, Range 8 East
of the Third Principal Meridian, in the City of Elgin, Kane
County, Illinois.
PARCEL 2
That part of Lot 1 lying Southerly of a line described as
follows : Commencing at the most Southerly corner of said Lot 1;
thence Northwesterly, along the Westerly line of said Lot 1, a
distance cf 221.76 feet to an angle point in said Westerly line;
thence Northwesterly, along the Westerly line of said Lot 1 , a
distance of 634. 80 feet to an angle point in said Westerly line;
thence Northerly, along the Westerly line of said Lot 1, a dis-
tance of 125.95 feet for the point of beginning of the aforesaid
line; thence Easterly, perpendicular to the Westerly line of said
Lot 1, a distance of 323 . 26 feet to the Westerly line of Airport
Road for the terminus of the aforesaid line, in Elgin - O'Hare
Business Center , being a subdivision of part of Section 34, Town-
ship 42 North, Range 8 East of the Third Principal Meridian, in
the City of Elgin, Kane County, Illinois.
PARCEL 3
Lots 2, 4, 6 , 7, 8 , 9 , 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 ,
20, 21 and 22 of Elgin-O'Hare Business Center , being a sub-
division of part of Section 34, Township 42 North, Range 8 East
of the Third Principal Meridian, in the City of Elgin, Kane
County, Illinois .
PARCEL 4
That part of Lot 5 lying Southerly of a line described as
follows: Commencing at the Northeast corner of said Lot 5;
thence Southerly, along the East line of said Lot 5, a distance
of 569.12 feet for the point of beginning of the aforesaid line;
thence Westerly, perpendicular to the East line of said Lot 5, a
distance of 647 . 96 feet to the Easterly line of Airport Road for
the terminus of the aforesaid line, of Elgin-O'Hare Business
Center, being a subdivision of part of Section 34 , Township 42
e"' North, Range 8 East of the Third Principal Meridian, in the City
of Elgin, Kane County, Illinois.
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rik PARCEL 5
That part of Section 34 , Township 42 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at
the Northeast corner of the Southeast Quarter of said Section 34 ;
thence South 00 degrees 17 minutes 38 seconds East, along the
East4ine of said Southeast Quarter , a distance of 1823.74 feet
to a point that is 830 . 59 feet Northerly of (as measured along
said East line) the Southeast corner of said Southeast Quarter ;
thence North 89 degrees 17 minutes 42 seconds West, a distance of
576 . 00 feet along a line that is parallel with a line drawn
Westerly (this line hereafter referred to as Line "A" ) from a
point on the East line of said Southeast Quarter that is 74. 30
feet Northerly of (as measured along said East line) the South-
east corner of said Southeast Quarter to a point ( this point
hereafter referred to as Point "B" ) on the West line extended
Northerly of the Northwest Quarter of Section 1, Township 41
North, Range 8 East of the Third Principal Meridian that is 78.60
feet Northerly of (as measured along said West line, extended
Northerly) the Northwest corner of Northwest Quarter ; thence
South 00 degrees 17 minutes 38 seconds East, parallel with the
East line of said Southeast Quarter of Section 34, a distance of
756. 29 feet to the aforesaid Line "A" ; thence North 89 degrees 17
minutes 42 seconds West , along said Line "A" , a distance of
939 . 48 feet to the aforesaid Point "B" ; thence North 89 degrees
26 minutes 37 seconds West, a distance of 966.65 feet to a point
that is 78. 93 feet Northerly of a point on the South line of said
Southeast Quarter that is 155.93 feet Easterly of (as measured
along said South line) the Southwest corner of said Southeast
Quarter ; thence North 83 degrees 33 minutes 33 seconds West, a
distance of 154.85 feet to an existing iron stake as per Document
No. 847720 that is 94 .93 feet Northerly of the Southwest corner
of said Southeast Quarter , as measured along a line (this line
and it 's Northerly extension thereof hereafter referred to as
Line "C" ) that bears North 04 degrees 05 minutes 00 seconds East
from said Southwest corner ; thence North 04 degrees 05 minutes 00
seconds East , along said Line "C" , to the Southeast corner of the
Taxi Strip Easement as shown on the Plat of Miller 's Hangars,
being a subdivision of part of said Section 34, for the point of
beginning, said Southeast corner being on the aforesaid Line "C"
and at a distance of 2421.22 feet (record being North 04 degrees
05 minutes 00 seconds East 2421.44 feet) from the Southwest
corner of the Southeast Quarter of Section 34, as aforesaid;
thence South 89 degrees 21 minutes 30 seconds East , along the
South line of said Taxi Strip Easement, extended Easterly, a
distance of 28.05 feet ; thence South 00 degrees 38 minutes 30
seconds West, a distance of 80.0 feet; thence South 35 degrees 22
minutes 12 seconds East , a distance of 694.49 feet; thence South
00 degrees 23 minutes 31 seconds West, a distance of 757.85 feet;
thence South 67 degrees 04 minutes 33 seconds East, a distance of
664.71 feet; thence North 34 degrees 48 minutes 27 seconds East,
a distance of 457.61 feet; thence South 55 degrees 11 minutes 33
seconds East, a distance of 200.0 feet ; thence Southeasterly,
along a curve to the right having a radius of 1021. 58 feet and
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being tangent to the last described course, a distance of 180.51
feet ; thence Northeasterly, along a curve to the left having a
radius of 2837.62 feet ( the chord of said curve bears North 49
degrees 10 minutes 13 seconds East ) an arc distance of 80. 21
feet ; thence Northwesterly, along a curve to the left having a
radius of 1101 . 58 feet ( the chord of said curve bears North 49
degrees 58 minutes 35 seconds West) an arc distance of 200. 57
felt ; thence North 55 degrees 11 minutes 33 seconds West, tangent
to the last described curve, a distance of 95.77 feet; thence
North 10 degrees 51 minutes 53 seconds East, a distance of
1004 .42 feet; thence South 79 degrees 08 minutes 07 seconds East ,
a distance of 20. 0 feet ; thence Easterly, along a curve to the
left having a radius of 2180. 40 feet and being tangent to the
last described course, a distance of 364.64 feet ; thence North 00
degrees 17 minutes 38 seconds West, parallel with the East line
of the Southeast Quarter of Section 34, as aforesaid, a distance
of 80. 04 feet ; thence Easterly, along a curve to the left having
a radius of 2100. 40 feet (the chord of said curve bears south 89
degrees 28 minutes 05 seconds East ) an arc distance of 60. 01
feet ; thence North 00 degrees 17 minutes 38 seconds West,
parallel with the East line of the Southeast Quarter of said
Section 34, a distance of 475.86 feet to the North line of said
Southeast Quarter ; thence North 89 degrees 27 minutes 18 seconds
West, along said North line, a distance of 259.96 feet to a point
on said North line that is 660.0 feet Westerly of (measured along
r said North line) the Northeast corner of the Southeast Quarter of
Section 34 as aforesaid; thence North 79 degrees 08 minutes 07
seconds West , along a line that forms an angle of 10 degrees 19
minutes 11 seconds (record being 10 degrees 19 minutes 00
seconds) with the North line of said Southeast Quarter, measured
from West to North at the last described point, a distance of
1789 . 25 feet to Line "C" , as aforesaid; thence South 04 degrees
05 minutes 00 seconds West , along said Line "C" , a distance of
559. 16 feet to the point of beginning. Being situated in Dundee
Township, Kane County, Illinois.
PARCEL 6
All of River Ridge Drive, Airport Road, high Point Drive and
Corporate Drive as set forth and contained in the plat of
Elgin - O'Hare Business Center Unit No. 1.
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The approximate street location of said territory is as
follows: The northeast corner of the intersection of Route 31 and
the , Illinois Northwest Toliway.
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An accurate map of said territory is on file in the office of the
City Clerk of the City and is available for public inspection.
The purpose of the establishment of the Elgin-O'Hare
Special Service Area Number One is to provide special municipal
services for said Elgin-O'Hare Special Service Area Number One
including road improvements and the acquisition of rights of way
therefor , paving and the construction of necessary curbs,
gutters , and street lights, as well as the construction of
sanitary and storm sewers and drains, including all expenses
incidental thereto, all of said improvements to be in and for
said Elgin-O'Hare Special Service Area Number One .
an amount
The issuance of bonds in/not to exceed the amount of
$1 , 500 ,000 and secured by the full faith and credit of said
elk Elgin-O'Hare Special Service Area Number One to pay the cost of
the special municipal services hereinabove described will also be
considered at said public hearing. Said bonds shall be retired
over a period of not to exceed 20 years from the issuance thereof
and shall bear interest at not to exceed the greater of 9% per
annum or 125% of the rate for the most recent date shown in the
20 G.O. Bonds Index of average municipal bond yields as published
in the most recent edition of The Bond Buyer, published in New
York, New York , at the time the contract is made for the sale of
said bonds. Such bonds, if issued, shall be retired by the levy
of a direct annual tax sufficient to pay the principal and
interest thereon, said tax to be levied upon all the taxable
property within said Elgin-O'Hare Special Service Area Number One
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for said period of not to exceed 20 years and to be unlimited as
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to rate or amount and in addition to all other taxes permitted by
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law.
All interested persons affected by the establishment of
said Elgin-O'Hare Special Service Area Number One or the issuance
of said bonds and the levy of said tax, including all owners of
real estate located within said Elgin-O'Hare Special Service Area
Number One, will be given an opportunity to be heard at said
hearing regarding the establishment of said Elgin-O'Hare Special
Service Area Number One and the issuance of said bonds and the
levy of said tax and an opportunity to file objections to the
establishment of said Elgin-O'Hare Special Service Area Number
One or the issuance of said bonds and the levy of said tax.
At said public hearing, any interested persons affected
by said proposed Elgin-O'Hare Special Service Area Number One may
file with the City Clerk written objections to and may be heard
orally in respect to any issues embodied in this notice. The
City Council shall hear and determine all protests and objections
at said hearing, and said hearing may be adjourned to another
date without further notice other than a motion to be entered
upon the minutes fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors
residing within said Elgin-O'Hare Special Service Area Number One
and by at least 51% of the owners of record of the land included
within the boundaries of said Elgin-O'Hare Special Service Area
Number One is filed with the City Clerk within 60 days following
the final adjournment of said public hearing objecting to the
creation of the Elgin-O'Hare Special Service Area Number One, the
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levy or imposition of a tax or the issuance of bonds for the
provision of special services to the Elgin-O'Hare Special Service
Area Number One , or to a proposed increase in the tax rate, no
such Elgin-O'Hare Special Service Area Number One may be created,
or tax may be levied or imposed nor the rate increased, or no
such bonds may be issued.
By order of the City Council of the City of Elgin, Kane
and Cook Counties, Illinois .
DATED this 24 day of September , 1984.
s/ Marie Yearman
City Clerk, City of Elgin,
Kane and Will Counties, Illinois
Section 5. That all ordinances, orders and resolutions
and parts thereof in conflict herewith be and the same are hereby
repealed, and that this ordinance be in full force and effect
forthwith upon its adoption and approval .
Adopted September 24', 1984 .
AYES: Councilmen Andersen, Gilliam, Hansen, Schmidt , Shales ,
Waters and Mayor Verbic.
NAYS: None
ABSENT: None
Approved September24 , 1984.
s/ Richard L. Verbic
Mayor, City of Elgin, Kane and
Cook Counties, Illinois
Attest:
s/ Marie Yearman
City Clerk, City of Elgin,
Kane and Cook Counties, Illinois
Recorded in the City Records on 1984 .
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