S10-09 Ordinance No. S 10-09
AN ORDINANCE
DESIGNATING AN AREA AS A RIVER EDGE REDEVELOPMENT ZONE
IN THE CITY OF ELGIN, ILLINOIS
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, in 2006 the General'Assembly of the State of Illinois enacted the River
Edge Redevelopment Zone Act (the "Act") (65 ILCS 115110-1 et seq.) to promote the
redevelopment of environmentally challenged properties along rivers in the State; and,
WHEREAS, in the Act the General Assembly found and declared that municipalities
adjacent to or surrounding river areas often lack critical tools to safely revive and redevelop
environmentally challenged properties, and that many of these environmentally challenged
properties were forner industrial areas that now, subject to appropriate enviromnental
remediation, would be ideal for other economically productive uses, the redevelopment of which
will stimulate economic revitalization and create jobs in Illinois; and,
WHEREAS, the General Assembly further found and declared that the cost of
remediation of these environmentally challenged properties is often the primary obstacle to
returning such properties to economically productive uses, and that a cooperative and continuous
partnership by and between the State of Illinois, through the Department of Commerce and
Economic Opportunity ("DCEO") and the Environmental Protection Agency, municipalities
adjacent to or surrounding rivers, and the private sector is necessary to appropriately encourage
the remediation of these environmentally challenged properties and bring about an economically
productive use of such properties; and,
WHEREAS, the General Assembly declared that the purpose of the Act is to identify and
initiate pilot River Edge Redevelopment Zones to stimulate the safe and cost-effective re-use of
such environmentally challenged properties adjacent to or surrounding rivers by means of tax
incentives and/or grants; and,
WHEREAS, in 2009 the General Assembly amended the Act to provide that the City of
Elgin may be certified as a pilot city for the River Edge Redevelopment Zone program; and,
WHEREAS, the City of Elgin has identified certain property within its corporate limits
that is adjacent to and surrounds the Fox River and constitutes an environmentally challenged
area, and has determined to seek to have such area designated and certified as a River Edge
Redevelopment Zone, such property being depicted on Exhibit A attached hereto and legally
described on Exhibit B attached hereto, and to be known as the "City of Elgin River Edge
Redevelopment Zone"; and,
WHEREAS, the Elgin City Council conducted a public hearing within the proposed zone
area on November 18, 2009, pursuant to public notice, as required by, and in conformance with,
section 10-5(b)(ii) of the Act and a copy of the transcript of said public hearing being attached
hereto as Exhibit C; and,
WHEREAS, the City Council finds that it is in the best interests of the City of Elgin that
the property described herein be designated a River Edge Redevelopment Zone, and that it be
redeveloped accordingly, subject to the approval and certification of the same by DCEO.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. The area affected by the designation in this ordinance is depicted in Exhibit
A attached hereto and legally described in Exhibit B attached hereto and incorporated herein by
this reference.
Section 2. The City Council hereby finds that the area depicted in Exhibit A attached
hereto and legally described in Exhibit B attached hereto meets the qualifications for the
designation of the area as a River Edge Development Zone set forth in section 10-4 of the Act, as
follows:
A. The area is a contiguous area adjacent to or surrounding the Fox River;
B. The area exceeds one-half square mile in area but does not exceed twelve (12) square
miles in area, exclusive of lakes and waterways;
C. The area satisfies any additional criteria known to have been established by DCEO
with respect to the Act;
D. The area is entirely within the corporate boundaries of a single municipality, being
the City of Elgin;
E. The area contains at least one hundred (100) acres of envirornnentally challenged land
within fifteen hundred (1500) yards of the riverfront of the Fox River.
Section 3. The City of Elgin hereby designates the property depicted in Exhibit A
attached hereto and legally described in Exhibit B attached hereto as a River Edge
Redevelopment Zone as defined by the Act. This designation is subject to the approval and
certification of DCEO in accordance with the Act.
Section 4. Subject to certification by DCEO in accordance with the Act, the City of
Elgin will offer tax incentives and/or reimbursement of taxes so authorized under the Act to
businesses located in within the River Edge Redevelopment Zone, all in accordance with the
terms of the Act.
Section 5. The administration of the City of Elgin River Edge Redevelopment Zone
shall be under the jurisdiction of the City of Elgin. The zone administrator for the City of Elgin
River Edge Redevelopment Zone shall be the City of Elgin's Director of Community
Development. The zone administrator shall be the liaison between the City of Elgin as the
designated community, and the DCEO.
Section 6. The term of the River Edge Redevelopment Zone designated herein shall
expire December 31, 2039.
Section 7. The City Manager is hereby authorized and directed to cause to be prepared
and an application to'DCEO in accordance with the provisions of the Act, to provide such
additional inforination and documentation as may be required by DCEO, and to otherwise take
such actions as may be necessary on behalf of the City of Elgin to obtain certification by DCEO
of the designation of the River Edge Redevelopment Zone herein provided.
Section 8. That all ordinances and parts thereof in conflict herewith are expressly
repealed and are of no further force and effect.
Section 9. 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 10. That this ordinance shall be in full force and effect from and after its
passage, approval,recording and publication in accordance with law.
Ed Schock, Mayor
Presented: November 18, 2009
Passed: November 18, 2009
Vote: Yeas: 7 Nays: 0
Recorded: November 19, 2009
Published:
Attest:
Diane Robertson, City Clerk
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River Edge Redevelopment Zone Subject Area 595 Acres+/-(0.93 Sq. Miles)
City of Elgin MWPp.�md W�dB&, low 1000, 1 2000 Feet
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River Edge Redevelopment Zone Legal Description:
That Part Of The Northeast Quarter Of Section 14 Township 41 North, Range 8 East Of The
Third Principal Meridian, Described As Follow: Commencing At The Northeast Corner Of The
Northeast Quarter Of Said Section 14 Thence Southerly Along The Easterly Section Line a
Distance Of 247.5 Feet To The Southerly Right-Of-Way Line of Ann Street; Thence Easterly
Along The Southerly Right-Of-Way Line Of Ann Street, A Distance Of 20 Feet To The
Northeast Corner of Lot 3 In PJ Kimball Jr.'s 3rd Addition To The Point Of Beginning: Thence
Westerly Along The Southerly Right-Of-Way Line Of Ann Street, A Distance Of 380 Feet To
The Westerly Right-Of-Way Line Of Douglas Avenue; Thence Northerly 633.5 Feet Along The
Westerly Right-Of-Way Line Of Douglas Avenue To The Southerly Right-Of-Way Line Of
Seneca Street; Thence Westerly 921.25 Feet Along The Southerly Right-Of-Way Line Of Seneca
Street, To The Westerly Right-Of-Way Line Of Grove Avenue; Thence Northerly Along The
Westerly Right-Of-Way Line Of Grove Avenue, A Distance Of 3000 Feet To The Southerly
Right Of-Way Line Of Slade Avenue; Thence Westerly Along the Southerly Right-Of-Way Line
Of Slade Avenue, A Distance Of 274.4 Feet To The Easterly Line Of Lovell's Addition; Thence
Northeasterly Along The Easterly Line Of The Fox River Trail Following A Curve, A Distance
Of 5860 Feet To The Northerly Subdivision Line Of R.H. Kramer Resubdivision; Thence
Easterly Along The Northerly Subdivision Line Of Said R.H. Kramer Resubdivision, A Distance
Of 815 Feet To The Westerly Right-Of-Way Line Of Sherwood Avenue; Thence Northeasterly
Along The Westerly Right-Of-Way Line Of Sherwood Avenue, A Distance Of 245 Feet To The
Northerly Right-Of-Way Line Of Trout Park Blvd; Thence Easterly Along The Northerly Right-
Of-Way Line Of Trout Park Blvd A Distance Of 670 Feet To The Westerly Right-Of-Way Line
Of Dundee Avenue; Thence Northeasterly Along The Westerly Right-Of-Way Line Of Dundee
Avenue, A Distance Of 793.65;Thence Northwesterly A Distance of 88 Feet; Thence
Northeasterly a distance of 80 Feet; Thence southeasterly A Distance of 88 Feet; Thence
Northeasterly a Distance of 80 Feet To The Southerly Right-Of-Way Line Of I-90; Thence West
Along The Southerly Right-Of-Way Line Of I-90, A Distance of 300 Feet To Easterly Shore
Line Of The Fox River; Thence Southwesterly Along The Easterly Shore Line Of The Fox River
A Distance Of 4240 Feet To The Northerly Right-of-Way Line of Big Timber Court, Extended
Easterly To The Eastern Shore Of The Fox River: Thence Westerly Along Said Northerly Right-
Of-Way Line Of Big Timber Court Extended A Distance Of 2820 Feet To The Easterly Right-
Exhibit B
Of-Way Line Of Big Timber Court Being The Termination Of Said Big Timber Court; Thence
Southerly Along The Easterly Right-Of-Way Line Of Big Timber Court, A Distance Of 66 Feet;
Thence Westerly 33 Feet Along The Southerly Right-Of-Way Line Of Big Timber Court;
Thence Southerly 660 Feet To The Southerly Right-Of-Way Line Of Jerusha Avenue; Thence
Easterly 33 Feet Along The Southerly Right-Of-Way Line Of Jerusha Avenue, To The Easterly
Right-Of-Way Line Of Clark Street; Thence Southerly Along The Easterly Right-Of-Way Line
of Clark Street, A Distance of 960 Feet To The Southerly Right-Of-Way Line Of Owasco
Avenue; Thence Westerly Along The Southerly Right-Of-Way Line Of Owasco Avenue, A
Distance of 330 Feet To The Easterly Right-Of-Way Line Of Clifford Street; Thence Southerly
Along The Easterly Right-Of-Way Line Of Clifford Street A Distance Of 570 Feet To The
Southerly Right-Of-Way Line Of Frazier Avenue; Thence Westerly Along The Southerly Right-
Of-Way Line Of Frazier Avenue, A Distance Of 312.51 Feet To The Westerly Right-Of-Way
Line Of The Iowa, Chicago & Eastern Railroad; Thence Northwesterly Along The Southerly
Right-Of-Way Line Of Frazier Avenue, A Distance Of 460.45 Feet To The Easterly Right-Of-
Way Line Of Route 31 (State Street); Thence Southwesterly Along The Easterly Right-Of-Way
Line of Route 31 (State Street) A Distance Of 330 Feet; Thence Southeasterly Along The
Easterly Right-Of Way Line Of Route 31 (State Street) A Distance Of 2590 Feet To The
Southerly Right-Of-Way Line Of Wing Street; Thence Westerly Along The Southerly Right-Of-
Way Line Of Wing Street, A Distance Of 165 Feet To The Westerly Right-Of-Way Line Of The
Union Pacific Railroad; Thence Southeasterly Along The Westerly Right-Of-Way Line Of The
Union Pacific Railroad, A Distance Of 3980 Feet To The Southerly Right-Of-Way Line Of
South Street; Thence Continuing Southeasterly Along The Easterly Right-Of-Way Line Of
Crystal Avenue, A Distance Of 560 Feet To The Northerly Right-Of-Way Line Of Locust Street;
Thence Northeasterly Along The Northerly Right-Of-Way Line Of Locust Street, A Distance Of
590 Feet To The Easterly Right-Of-Way Line Of Route 31 (State Street); Thence Southeasterly
Along The Easterly Right-Of-Way Line Of Route 31 (State Street) A Distance Of 1930 Feet To
The Northerly Right-Of-Way Line Of National Street; Thence Northeasterly Along The
Northerly Right-Of-Way Line Of National Street, A Distance Of 216 Feet To The Easterly
Right-Of-Way Line Of Hendee Street; Thence Southeasterly Along The Easterly Right-Of-Way
Line Of Hendee Street, A Distance Of 1236 Feet To The Westerly Right-Of-Way Line Of The
Union Pacific Railroad; Thence Southeasterly Along The Westerly Right-Of-Way Line Of The
Exhibit B
J
Union Pacific Railroad, A Distance Of 1850 Feet To The Southerly Right-Of-Way Line Of
Souster Avenue; Thence Westerly Along The Southerly Right-Of-Way Line Of Souster Avenue,
A Distance Of 1066 Feet; Thence Southeasterly A Distance Of 165 Feet To The Northerly
Right-Of-Way Line Of U.S. Route 20; Thence Easterly Along The Northerly Right-Of-Way Line
Of U.S.Route 20 A Distance Of 1780 Feet To The Southeast Corner Of Lot 351 In County
Clerk's Subdivision Lots 328, 330-341, 351 thru 358; Thence Northerly & Northwesterly A
Distance of 3370 Feet To The Northerly Right-Of-Way Line Of Watch Street; Thence
Northeasterly Along The Northerly Right-Of-Way Line Of Watch Street, A Distance Of 325
Feet To The Westerly Right-Of-Way Line Of Raymond Street; Thence Northwesterly Along The
Westerly Right-Of-Way Line Of Raymond Street, A Distance Of 589 Feet To The Northerly
Right-Of-Way Line Of National Street; Thence Northeasterly Along The Northerly Right-Of-
Way Line Of National Street A Distance Of 465 Feet To A Point Which Is 44 Feet South Of The
Southerly Right-Of-Way Line Of Villa Street; Thence Northerly 44 Feet To The Southerly
Right-Of-Way Line Of Villa Street; Thence Northwesterly Along The Southerly Right-Of-Way
Line Of Villa Street, A Distance Of 1945.5 Feet To The Westerly Right-Of-Way Line Of
Geneva Street Extended; Thence Northerly Along The Westerly Right-Of-Way Line Of Geneva
Street, A Distance Of 1413 Feet To The Northerly Right-Of-Way Line Of Division Street;
Thence Easterly Along The Northerly Right-Of-Way Line Of Division Street, A Distance Of 483
Feet To The Westerly Right-Of-Way Line Of College Street; Thence Northerly Along The
Westerly Right-Of-Way Line Of College Street, A Distance Of 708 Feet To The Southerly
Right-Of-Way Line Of Park Street; Thence Westerly Along The Southerly Right-Of-Way Line
Of Park Street, A Distance Of 650.25 Feet To The Westerly Right-Of-Way Line Of Dundee
Avenue; Thence Northeasterly Along The Westerly Right-Of-Way Line Of Dundee Avenue, A
Distance Of 410 Feet To The Southerly Right-Of-Way Line Of Kimball Street; Thence Westerly
Along The Southerly Right-Of-Way Line Of Kimball Street, A Distance Of 767 Feet To The
Westerly Right-Of-Way Line Of Spring Street; Thence Northerly Along The Westerly Right-Of-
Way Line Of Spring Street, A Distance of 660 Feet To The Point Of Beginning, All Within The
City Of Elgin, Kane County, Illinois.
Exhibit B