G28-95 Recorded Kane 9 5 K 0 2 6 0 9 4 I 2: 45
FECC DOER`
State of Illinois)
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY C ERK
I, Dolonna Mecum, DO HEREBY CDRTIFY that I am the
City Clerk of the City of Elgin, in the Counties of Kane and
Cook in the state of Illinois, and that as such City Clerk I
am the keeper and custodian of the file- and records of said
City of Elgin and the seal thereof .
I DO FURTHER CERTIFY that the attached is a full,
true, and correct copy of Ordinance No. G28-95 entitled "An
Ordinance Repealing the Real Estate Tra sfer Tax and
Providing for a Real Estate Transfer St.mp Requirement"
passed by the Elgin City Council at its meeting held on
May 10, 1995, the original of which is :.ntrusted to my care
for safe keeping.
In Witness Whereof, I have he , eunto set my hand and
affixed the corporate seal of the City of Elgin at the said
City in the County and State aforesaid his May 11, 1995 .
City Clerk
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This instrument prepared by: Return to:
Erwin Jentsch Dolonna Mecum
Corporation Counsel Elgin City Clerk 00/
City of Elgin 150 Dexter Court U��
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Ordinance No. G28-95
AN ORDINANCE
REPEALING THE REAL ESTATE TRANSFER T'X AND PROVIDING FOR A
REAL ESTATE TRANSFER STAMP REQUIREMENT
WHEREAS, on April 27 , 1994 , the C ty Council of the City
of Elgin adopted Chapter 4 . 26 of the Elgin Municipal Code,
providing for a real estate transfer tai; and
WHEREAS, the City Council has sinc- determined that it is
necessary and desirable to amend said ordinance by deleting
the provisions of the tax within said •rdinance and providing
for a real estate transfer stamp requi ement in lieu thereof;
and
WHEREAS, experience with the re. l estate transfer tax
ordinance and the requirement of a real estate transfer stamp
has shown that a real estate transfer stamp is an efficient
and effective means in collecting fee . and other monies due
and owing the city and otherwise enforcing the ordinances of
the city; and
WHEREAS, the City of Elgin is a h•me rule municipality as
defined in Article 7 Section 6a of t e 1970 Constitution of
the State of Illinois; and
WHEREAS, a home rule unit may :.xercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, providing for a real estate transfer stamp
requirement pertains to the government and affairs of the City
of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1 . That Chapter 4 .26 o the Elgin Municipal
uD code, 1976 , as amended, be and is hereby amended in its
Cfl entirety to read as follows :
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CD "Chapter 4 . 26
tV
CO REAL ESTATE TRANSFER STAMP
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4 . 26 . 010 Definitions .
"Beneficial Interest" : Any inte est, regardless of how
small or minimal such interest may be in a land trust, held
by a trustee for the benefit of ben:ficiaries of such land
trust.
"Person" : Any natural person, r:ceiver, administrator,
executor, conservator, assignee, trust in perpetuity, trust,
estate, firm, copartnership, joint v:nture, club, company,
joint stock company, business trust, municipal corporation,
political subdivision of the State of Illinois, domestic or
foreign corporation, association, syndicate, society or any
group of individuals acting as a nit, whether mutual,
cooperative, fraternal, nonprofit, o otherwise, and the
United States or any instrumentality thereof . Whenever the
term "person" is used in any clause pre_cribing and imposing a
penalty, the term as applied to associations shall mean the
owners or part-owners thereof, and as a.plied to corporations,
the officers thereof.
"Recordation" : The recording of d-eds with the Office of
the Recorder of Deeds of Cook or Kane County or the
Registration of Deeds with the Regis rar of Titles of Cook
County, Illinois .
4 . 26 . 020 Real Estate Transfer Stamp Re.uirement.
A. A real estate transfer stamp requirement is imposed
on the transfer of title to real estate located in the city as
evidenced by the recordation of a deed .y any person or by the
delivery of any deed or assignment of interest of said real
property, whether investing the owner with the beneficial
interest in or legal title to said property or merely the
possession or use thereof for any purp.se or to secure future
payment of money or the future transfer of such real
property. No person shall transfer title to real estate
located in the city by recordation of a deed or by the
delivery of any deed or assignment oi interest of any real
property, whether investing the owner with the beneficial
interest in or legal title to said .roperty or merely the
possession or use thereof for any purp.se or to secure future
payment of money or the future tran- fer of any such real
property without first obtaining a real estate transfer stamp
VD as provided herein.
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B. Such real estate transfer s •amp shall be issued by
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the finance director for the city an. shall be available at
N g and duringthe regular business hours of the city offices or
CD at other locations designated by the inance director. Upon
application for and the issuance of t e real estate transfer
,�- stamp, the stamp so issued shall be affixed to the deed or
other instrument of conveyance. An, person so using and
affixing a real estate transfer stamp or stamps shall cancel
it and so deface it as to render it un it for reuse by marking
it with his initials and the day, m.nth and year when the
affixing occurs . Such marking shall be made by writing or
stamping in indelible ink or by perfo ating with a machine or
punch. However the real estate transf:•r stamp shall not be so
defaced as to prevent ready determinati.n of its genuineness .
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C. Applications for real estate transfer stamps shall
be made on a form prescribed by the f 'nance director. Such
application shall show the date of th- transaction which it
evidences, the names of the grantor a d grantee, the common
address and the legal description of t e property to which it
relates, including permanent index n tuber of the property
which is the subject of the transfer.
D. The finance director may refu.e to issue real estate
transfer stamps if any of the following conditions exist:
1 . Outstanding sum of money due the city from the
property or property owner;
2 . Failure to license rent.: l property subject to
the city' s rental licensing ordina ce;
3 . Any other violation of t e Elgin Municipal Code;
4 . Failure to have a final read of the water meter
or failure to have made final p.yment on any water or
sewer bill.
E. For the purpose of review' ng requests for real
estate transfer stamps, the city sha 1 process the request
within three ( 3) working days .
4 . 26 . 030 Deeds .
Every deed shall show the date of the transaction which
it evidences, the names of the gran or and grantee, and a
legal description of the property to which it relates,
including permanent index number of th- property which is the
subject of the transfer.
4 . 26 . 040 Transfers in Trust.
No trustee of real estate shall .accept an assignment of
beneficial interest in real estate loc-ted in the city without
first obtaining a real estate transfer stamp from the assignor
CD and assignee and unless a transfer sta p as set forth in this
N chapter has been affixed to the assignm-nt.
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CD 4 . 26 . 050 Violation--Penalty.
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It is unlawful for any person a. seller or grantor to
fail to obtain and affix a real estate transfer stamp herein
provided, or for any purchaser or grantee to accept a
conveyance where the real estate tran• fer stamp has not been
obtained and affixed. Any person found guilty in a court of
competent jurisdiction of violating, disobeying, omitting,
neglecting or refusing to comply with or resisting or opposing
the enforcement of any provision of this chapter upon
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conviction thereof, shall be punished .y a fine of not less
than $200 nor more than $1,000 .
4 . 26 . 060 Severability.
If any provision, clause, sentenc- , paragraph, section,
or part of this chapter or application thereof to any person
or circumstance, shall for any reason .e adjudged by a court
of competent jurisdiction to be uncons itutional or invalid,
said judgment shall not affect, imp. ir or invalidate the
remainder of this section and the application of such
provision to other persons or circum..tances, but shall be
confined in its operation to the provi- ion, clause, sentence,
paragraph, section or part thereof directly involved in the
controversy in which such judgment sh. 11 have been rendered
and to the person or circumstances in olved. It is hereby
declared to be the legislative intent o the city council that
this chapter would have been adopted ha. such unconstitutional
or invalid provisions, clause, sentence paragraph, section or
part thereof not been included. "
4 .26 . 070 Effective Date.
The provisions of this chapter shall be in full force and
effect from and after June 1, 1995 . "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
s/ K:vin Kell
Kevin Kelly, Mayor
Presented: May 10, 1995
Passed: May 10, 1995
Vote: Yeas 7 Nays 0
UD Recorded: May 11, 1995
Published: May 11, 1995
CD Attest:
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uD s/ Dolonna Mecum
F-. Dolonna Mecum, City Clerk
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