G49-06 Ordinance No.49-06
AN ORDINANCE
REPEALING AN ORDINANCE GRANTING CONDITIONAL USE
FOR AN EMERGENCY SHELTER
(500 Church Road)
WHEREAS, on July 13, 2005, the City Council of the City of Elgin adopted Ordinance
No. G61-05 granting a conditional use for an emergency shelter at 500 Church Road,Elgin,Illinois;
and
WHEREAS, adjoining property owners thereafter filed a complaint in the Circuit Court of
Kane County setting forth various claims against the City of Elgin, the property owner and the
contract purchaser relating to Ordinance No. G61-05 and seeking therein administrator review,
declaratory judgment and other relief regarding Ordinance G61-05 including a declaration that the
ordinance was invalid,of no force and effect and an injunction restraining the property owner and the
contract purchaser with proceeding with the development of the property pursuant to such
conditional use ordinance; and
WHEREAS,the parties to such litigation including the adjoining property owners,the City of
Elgin, the property owner and the contract purchaser have reached an agreement on the terms of a
settlement agreement and agreed order providing for the dismissal of such litigation with prejudice;
and
WHEREAS,the settlement agreement and agreed order relating to such litigation provides in
part for the City of Elgin to adopt an ordinance repealing Ordinance No. G61-05.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Ordinance No. G61-05 adopted by the City Council on July 13,2005,be and
is hereby repealed.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
OZ: 44"
Ed Schock, Mayor
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Presented: June 28, 2006
Passed: June 28, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 29, 2006
Published:
Attest:
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Dolonna Mecum, City Clerk