T1-85 ORDINANCE NO. T1-85
AN ORDINANCE establishing Elgin-O'Hare Special
Service Area Number Four in and for the City of
Elgin, Kane and Cook Counties, Illinois.
WHEREAS, the City of Elgin, Kane and Cook Counties,
Illinois (the "City") , has a population in excess of 25,000 as
determined by the last official census, and accordingly pursuant
to the provisions of the 1970 Constitution of the State of
Illinois, and particularly Article VII, Section 6(a) thereof, the
City is a home rule unit and as such may exercise any power or
perform any function pertaining to its government and affairs,
including, but not limited to, the power to tax and to incur
debt; and
WHEREAS, special service areas are established pursuant
to Part ( 1) ( 2) of Section 6 of Article VII of the 1970
Constitution 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 incurred 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
eft September 21, 1973, as amended ( the "Act" ) , and pursuant to the
provisions of the Revenue Act of 1939 of the State of Illinois,
as amended; and
WHEREAS, it is in the public interest that the area
hereinafter described be established as Elgin-O'Hare Special
Service Area Number Four for the purpose set forth herein (the
"Area") ; and
WHEREAS, the Area is compact and contiguous and is
totally within the corporate limits of the City and The County of
Kane, Illinois; and
WHEREAS, the Area will benefit specially from the
subdivision improvements and municipal services to be provided
(the "Services") , and the Services are unique and in addition to
municipal services provided to the City as a whole and it is,
therefore, in the best interests of the City that the Area be
established; and
WHEREAS, it has heretofore been and it is hereby
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estimated that the cost of providing the Services will be not
less than $1,500,000; and
WHEREAS, it is in the public interest that bonds in not
to exceed the amount of $1,500,000 and secured by the full faith
and credit of the Area be issued for the purpose of paying 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
Al,
Bonds; and
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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
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; and
WHEREAS, the establishment of the Area was proposed by
the City Council of the City (the "City Council") pursuant to
Ordinance No. T7-84 entitled:
AN ORDINANCE proposing the establishment of the
Elgin-O'Hare Special Service Area NumberFour in
the City of Elgin, Kane and Cook Counties,
Illinois, and the issuance of bonds in the amount
of $1,500,000 for the purpose of paying the cost
of providing special services in and for such
Area.
duly adopted on the 24th day of September, 1984, and was
considered at a public hearing held on the 22nd day of October,
1984, by the City Council (the "Hearing") ; and
WHEREAS, notice of the Hearing was 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; and
WHEREAS, mailed notice of the Hearing was given by
depositing 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 not less than ten (10) days prior to
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the time set for the Hearing, and in the event taxes for the last
preceding year were not paid, the notice was sent to the person
last listed on the tax rolls prior to that year as the owner of
said property; and
WHEREAS, said notice complied with all of the
applicable provisions and requirements of the Act; and
WHEREAS, the Hearing was held on the 22nd day of
October, 1984, and all interested persons affected by the
establishment of the Area or the issuance of the Bonds and the
levy of the tax to pay the Bonds, including all owners of real
estate located within the Area, were given an opportunity to be
heard at the Hearing regarding the establishment of the Area and
the issuance of the Bonds and the levy of said tax and an
opportunity to file objections to the establishment of the Area 47)
or the issuance of the Bonds and the levy of said tax; and
WHEREAS, at the Hearing, all interested persons
affected by the Area were permitted to file with the City Clerk
written objections to and to be heard orally in respect to any
issue embodied in the notice given of the Hearing; and
WHEREAS, the City Council has heard and considered all
of the comments, objections, protests and statements made with
regard to the Area and the Bonds and has determined and does
hereby determine that it is in the public interest and in the
interest of the City and the Area that the Area be established;
and
WHEREAS, after hearing and considering all such
comments, objections, protests and statements, the City Council
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finally adjourned the Hearing on the 22nd day of October , 1984;
and
WHEREAS, no petition, signed by at least 51% of the
electors residing within the Area and by at least 51% of the
owners of record of the land included within the boundaries of
the Area, was filed with the City Clerk within 60 days following
the final adjournment of the Hearing objecting to the creation of
the Area, the levy or imposition of a tax or the issuance of the
Bonds for the provision of the Services to the Area, or to a
proposed increase in the tax rate:
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 the City Council has found and
determined and does hereby find and determine that all protests
and objections, if any, to the establishment of the Area and the
issuance of the Bonds are without merit.
Section 3. That Elgin-O'Hare Special Service Area
Number Four is hereby established in and for the City and shall
consist of the following described territory:
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
308.95 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
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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 of 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, 47)
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
North, Range 8 East of the Third Principal Meridian, in the City
of Elgin, Kane County, Illinois.
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
East line 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
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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
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
r° feet; thence North 55 degrees 11 minutes 33 seconds West, tangent
F to the last described curve, a distance of 95.77 feet; thence
North 10 degrees 51 minutes 53 seconds East, a distance of
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1004.42 feet; thence South 79 degrees 08 minutes 07 seconds East, Allik
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
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
An accurate map of the Area being attached hereto and made apart
hereof.
Section 4. That the purpose of the establishment of
the Area is to provide the Services to the Area, including the
construction of all of said improvements to be in and for the
Area and to be constructed on existing public property or
property to be acquired by the City for such purpose.
Section 5. That the Bonds in not to exceed the amount
of $1,500,000 and secured by the full faith and credit of the
Area are authorized to pay the cost of the Services, and the
Bonds shall be retired over a period of not to exceed 20 years
from the issuance thereof and shall bear interest at not to
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eft. 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 the 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 the Area for said
period of not to exceed 20 years and to be unlimited as to rate
or amount and in addition to all other taxes permitted by law.
Section 6. 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 as provided by law.
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Adopted January 14, 1985.
AYES: Councilmen Andersen, Gilliam, Hansen, Schmidt, Shales ,
Waters and Mayor Verbic.
NAYS: None
ABSENT: None
Approved January 14, 1985.
s/ Richard L. Verbic
Mayor, City of Elgin,
Kane and Cook Counties,
Illinois
Attest:
s/ Marie Yearman
City Clerk, City of Elgin, 47)
Kane and Cook Counties, Illinois
(SEAL)
Recorded in the City Records on January 14 , 1985.
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