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S8-08B Ordinance No. S8-08 AN ORDINANCE TO ADD TERRITORY TO THE CITY OF ELGIN ENTERPRISE ZONE WHEREAS, the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") is a home rule unit of government under the Illinois Constitution of 1970, Article VII, Section 6; and WHEREAS, the City established an enterprise zone (hereafter referred to as the "Elgin Enterprise Zone") on December 17, 1984, per Ordinance No. G63-84, pursuant to authority granted it by the Illinois Enterprise Zone Act (20 ILCS 655/1 et seq.; hereafter referred to as the "Act"), as amended, subject to the approval of the Illinois Department of Commerce and Community Affairs (now the Illinois Department of Commerce and Economic Opportunity and hereinafter referred to as "State"), and subject to the provisions of the Act; and WHEREAS, the City of Elgin Enterprise Zone was approved by the State, effective July 1, 1985; and WHEREAS, a request has been made to further expand the current Enterprise Zone area through the addition of certain property, pursuant to the Act, and subject to approval by the State, and subject to the provisions of the Act; and WHEREAS, the City conducted a public hearing concerning the addition of property to the designated Enterprise Zone, after due notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section III of Ordinance No. G63 — 84, the Ordinance Designating an Enterprise Zone under the Illinois Enterprise Zone Act for Elgin, Illinois and as amended by Ordinance No.G44-01 and Ordinance No. S29-04, are hereby further amended by adding the territory depicted in Exhibit "A" as the Proposed Expansion Zone and legally described in Exhibit `B", attached hereto, to the list of exhibits within Section III and thereby expanding the territory of such Enterprise Zone; provided however, such Proposed Expansion Zone to the Enterprise Zone shall not be subject to or eligible for the property tax abatement provisions of the Act. Section 2. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no further force and effect. Section 3. That repeal of any ordinances by this ordinance shall not affect any rights accrued or liability incurred under said repealed ordinances to the effective date hereof. The provisions of this ordinance insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinances. . . Section 4. That it is the intention of the City Council of the City of Elgin that this ordinance and every provision thereof shall be severable and the invalidity of any section, clause, or provision of this ordinance shall not affect the validity of any portion of this ordinance. Section 5. That the City Manager is hereby authorized and directed to cause to be prepared an application with the State in accordance with the provisions of the Illinois Enterprise Zone Act and to provide such additional information and documents as may be required by the Department and to otherwise take such action as may be necessary on behalf of the City of Elgin to obtain certification by the Department of the amendment to the enterprise zone herein created. Section 6. That this ordinance shall be in full force and effect from and after its passage, approval, recording and publication in accordance with law, and after the State has approved and certified the application for amendment to the Enterprise Zone pursuant to Section 5.4 of the Act. Ed Schock, Mayor Presented: June 25, 2008 ,.:'ti t.LG IN_. Passed: June 25, 2008 �g. ,,, n:- Vote: Yeas: 7 Nays: 0 4- /c� `V., ' r`; Recorded: June 26, 2008 u' j • = � Published: June 27, 2008 ':,b` ��,i � ,o r1. ........................•O Attest: `"" , RPOR. ''' Diane Robertson, Cit Clerk