HomeMy WebLinkAboutORDINANCES-2019-109-O-199/23/2019
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AN ORDINANCE
Proposing the Extension of Special Service Area No. 4 in the City of
Evanston, Illinois and Providing for a Public Hearing and Other Related
Procedures
WHEREAS, the City of Evanston is home rule unit under Article ll, Section
6(a) of the 1970 Constitution of the State of Illinois, and as such may exercise any
power and perform any function pertaining to tis government and affairs for the
protection of the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII,
Sections 6(I) and 7(6) of the Constitution of the State of Illinois, and pursuant to the
provisions of the Special: Service Area Tax Law, (35 ILCS 200/27-5 et seq.) and
pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, on August 10, 1987, pursuant to Ordinance 46-0-87, the City
Council of the City of Evanston ("City") enacted an ordinance (the "Establishment
Ordinance") which established an area known and designated as Special Service Area
Number 4 (the "SSA Area") and authorized the levy of an annual tax, for the period
beginning in tax year 1988 (the "Original Levy Period"), not to exceed an annual rate of
0.40% of the equalized assessed value of the taxable property therein (the "Original
Services Tax") to provide certain services in and for the SSA Area in addition to the
services provided by the City of Evanston generally (the "Special Service Area No. 4").
By terms of the ordinance, Special Service Area No. 4 was terminate in 1987; and
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WHEREAS, on June 22, 1992, pursuant to Ordinance 47-0-92, did extend
Special Service Area No. 4 in the SSA Area described in Exhibit 1 for an additional 5
years to terminate in 1997; and
WHEREAS, on January 13, 1997, pursuant to Ordinance 116-0-96,
Special Service Area No. 4 was to terminate in 1997 and was extended another 10
years to terminate in 2007; and
WHEREAS, on July 9, 2007, pursuant to Ordinance 67-0-07, Special
Service Area No. 4 was to terminate in 2007 and was extended another 12 years,
months and will terminate on December 31, 2019, if the Special Service Area No. 4 is
not extended once more; and
WHEREAS, the Special Services authorized in the Establishment
Ordinance, and will continue by this Extension Ordinance in the SSA Area, include but
not limited to: marketing, public way maintenance, landscaping, holiday d6cor, place
making, public art, promotions, retail attraction and retention; and
WHEREAS, the City desires to authorize the following changes to the
Establishment Ordinance and conduct a public hearing on the following changes: (a) the
extension of the Original Levy Period for a fifteen year period 2019 - 2034; (b) Removal
of 1830 Sherman; (c) addition of the following properties with real property addresses of
909 -990 Grove; 1715 Chicago Avenue; 522 Chicago Avenue; 1469 Elmwood; and (d)
set the tax rate cap of .2460% (the "Extension Ordinance"); and
WHEREAS, the City Council finds that it is in the public interest that
consideration be given to the Extension Ordinance,
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NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, ILLINOIS:
SECTION 1: The preambles of this ordinance are hereby incorporated
into this text as if set out herein in full.
SECTION 2: Authority to Establish Special Service Area: The City of
Evanston is authorized to establish Special Service Area Number 8 pursuant to Article
VII, Section 6 of the Illinois Constitution, 1970, and further pursuant to the provisions of
the Illinois Special Service Areas Act (Illinois Compiled Statutes, Chapter 35, Paragraph
200/27-5 et seq..
SECTION 3: Findings: The City of Evanston finds as follows:
A. It is in the public interest that the extension of the Special Service
Area No. 4 as described in this Ordinance for the purposes set forth in this Ordinance
be authorized.
B. Special Service Area No. 4 is located in the mixed use area of
downtown. The area comprised of commercial and residential uses. Where it is found
to be possible, residential property is not included in Special Service Area Number 4.
The permanent tax index numbers of all parcels located within the area of the proposed
SSA Number 4 and legal descriptions are attached as Exhibit 1. An accurate map
depicting the location of the proposed Special Service Area is attached to and
incorporated by reference as Exhibit 2.
SECTION 4: Public Hearing: That a public hearing shall be held on
November 25, 2019 at 6:00 p.m. in the City Council chambers of the City of Evanston,
2100 Ridge Avenue, Evanston, Illinois 60201 to consider the extension of Special
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Service Area Number 4 consisting of territory legally described in Exhibit 1 and as
depicted on the map labeled Exhibit 2, and incorporated by reference into this
ordinance. At the hearing, a tax levy for the Special Services will be considered. The
proposed tax levy for the Special Service Area No. 4 is in an amount not to exceed the
rate of 0.2460% of the equalized assessed value of the property within the proposed
Special Service Area and the tax will be levied for a fifteen year period from and after
the date the ordinance extending the Special Service Area No. 4. These taxes shall be
in addition to all other taxes permitted by law and shall be levied pursuant to provisions
of the Property Tax Code (35 ILCs 200/1-1 et seq).
SECTION 5: Notice of Hearing: Notice of the public hearing for the
extension of the Special Service Area No. 4 shall be published at least once not less
than fifteen (15) days prior to the public hearing in the Pioneer Press a newspaper of
general circulation in the City of Evanston. Additionally, notice of the public hearing by
mail shall be provided with the public hearing notice deposited in the U.S. Mail not less
than ten (10) days prior to the time set for the public hearing. The notice of public
hearing shall be 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 Special Service Area No. 4, and in the event taxes for the last preceding year
were not paid, the notice of the Hearing was sent to the person or persons last listed on
the tax rolls prior to that year as the owner or owners of said property. The notice of
public hearing shall be in substantial conformance to notice attached as Exhibit 3 to this
Ordinance.
SECTION 6: The findings and recitals contained herein are declared to
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be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Complied Statues and the courts of the State of Illinois.
SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 9: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Introduced: SpV\ernbef 03, 2019
Adopted: �P\ ,lper A , 2019
Attest:
t�
devon Kst&,-6�1ly Cltwk-
Zx`( rjAez, D�Pv�� Cray C1eefl<
Approved:
, 2019
SPepihen. Hag y, ' y
Approved as to form:
Michelle Masoncup, Corporation Counsel
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EXHIBIT 1
LEGAL DESCRIPTION OF PROPOSED SPECIAL SERVICE AREA & LIST OF PINS
Legal Description of Special Service Area No. 4
Downtown Evanston, Evanston, Illinois.
Beginning at the intersection of the South line of Emerson Street and the East line of
Ridge Avenue; thence Eats along the South line of Emerson Street to the west line of
Maple Avenue; thence South along the West line of Maple Avenue to the South line of
University Place extended; thence East along the South line of University Place and its
extension to the East line of Lot 1 in Ivy Court Subdivision recorded as document
number 98373123 extended; thence North along said East line and its extension to the
Southeast line of Elgin Road; thence Southeast, along said Southeast line of Elgin
Road to the West line of Benson Avenue; thence North along the West line of Benson
Avenue to the South line of Emerson Street to the West line of Lot 4 in Block 6 in the
Village of Evanston; thence South along the West line of said Lot 4 to the North line of
the South Half of said Lot 4; thence East along the North line of the South Half of said
Lot 4 to the East line of Lot 4; thence South along the East line of said Lot 4 to the North
line of University Place; thence West along the North line of University Place to the
Northeast line of Elgin Road; thence Southwesterly to the intersection of the South line
of University Place and the Southwesterly line of Elgin Road; thence Southeasterly
along the Southwesterly line of Elgin Road to the West line of Sherman Avenue; thence
Southeasterly to the intersection of the East line of Sherman Avenue and the Southwest
line of Elgin Road; thence Southeasterly along the Southeasterly line of Elgin Road to
the intersection of the South line of Clark Street and the Northwesterly line of Orrington
Avenue; thence Southwesterly along the Northwesterly line of Orrington Avenue to the
extension of the North line of Lot 8 in Block 15 in said Village of Evanston; thence
Southeasterly along said North line of Lot 8 to the Southeast line of the Northerly -
Southerly alley in said Block 15; thence Northeasterly along said Southeast line of said
alley to a line 11 feet Northeasterly of and parallel with the Northeast line of Lot 14 of
said Block 15; thence Southeasterly along said parallel line to the Southeasterly line of
Chicago Avenue; thence Northeasterly along the Southeasterly line of Chicago Avenue
to the Southerly line of Clark Street; thence Southeasterly along the Southerly line of
Clark Street to the Westerly line of the Northerly -Southerly alley; thence Southwesterly
along said Westerly line of said alley to the North line of Church Street; thence
Southwesterly to the intersection of the South line of Church Street and the Westerly
line of the Northerly -Southerly alley in Block 20 in said Village of Evanston; thence
Southwesterly along said Westerly line of said alley to an intersecting point with the
extended South line of lot 11 in aforesaid Block 20; thence Southeasterly along said
South line of Lot 11 to the Westerly line of Hinman Avenue; thence Southwesterly along
said Westerly line of Hinman Avenue to the South line of Lot 2 in Block 26 of said
Village of Evanston; thence Northwesterly along the South line of said Lot 2 to a point
on the West line of the Northerly -Southerly alley in said Block 26; thence Southwesterly
along said West line to a line 18 feet Southwest of and parallel with the North line of Lot
A of the Plat of Consolidation of lots 7 and 8 in said Block 26; thence Northwesterly
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along said parallel line to a line 100 feet Northwest of and parallel with said west line of
alley to the North line of Grove Street; thence Northwesterly along said North line of
Grove Street to its intersection with the west line of the North -South alley in Block 29 in
said Village of Evanston; thence South along said West line to the North line of Lake
Street; thence South to the intersection of the South line of Lake Street and the West
line of the North -South alley in Lakeside Subdivision of Block 30 in said Village of
Evanston, said point being the Northeast corner of Lot 1 in The Emmanuel Evangelical
Lutheran Church Consolidation recorded as document 86439263; thence South along
the West line of said alley to a line 10 feet North of and parallel with the South line of Lot
14 in said Lakeside Subdivision; thence West along said parallel line to the East line of
Sherman Avenue; thence Northwesterly to the intersection of the Westerly line of
Sherman Avenue and the Easterly line of the Chicago Transit Railroad right of way;
thence Northwesterly along said right of way to its intersection with the North line of
Lake Street; thence West along the North line of Lake Street to the East line of
Elmwood Avenue; thence North along the East line of Elmwood Avenue to its
intersection with the extension of the North line of the East-West alley in Block 53 in
said Village of Evanston; thence West along said North line and its extension to the
East line of Maple Avenue; thence North along the East line of Maple Avenue to the
South line of Grove Street; thence Northwesterly to the intersection of the East line of
Maple Avenue and the North line of Grove Street; thence West along the North line of
Grove Street to the East line of Oak Avenue; thence North along the East line of Grove
Avenue to its intersection with the South line and its extension of Lot 6 in Block 61 in
said Village of Evanston; thence West along said South line and its extension to the
East line of the North -South alley in said Block 61; thence North along said East line to
the South line of Davis Street; thence North to the intersection of the North line of Davis
Street and the East line of the North -South alley in Block 68 in Village of Evanston;
thence North along the East line of said alley to the South line of the East-West alley in
said Block 68; thence East along said South line and its extension to the East line of
Oak Avenue; thence North along the East line of Oak Avenue to the South line of
Church Street; thence North to the intersection of the North line of Church Street and
the East line of Oak Avenue; thence North along the East line of Oak Avenue to the
Southwesterly right of way of the Chicago and Northwestern Railway; thence
Northwesterly along said right of way to the Easterly line of Ridge Avenue; thence
Northeasterly to the point of beginning all in Cook County, Illinois.
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SPECIAL SERVICE AREA #4 PIN LIST
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11181250140000 11181270040000 11183110421003 11183110421005 11182080180000
11183030140000 11183120170000 11183170210000 11181190371001 11183010090000
11183040370000 11183030130000 11181190371002 11183170130000 11183010100000
11181170160000 11183120220000 11184080140000 11181270120000 11183020040000
11181170050000 11184030180000 111183020300000 11183110100000 11183090180000
11181230120000 11183020360000 11183020250000 11183110090000 11183090190000
11183060380000 11183180160000 11183170090000 11183020010000 11183090240000
11184080050000 11184030210000 11181120460000 11181180088035 11183090290000
11181120450000 11183120240000 11183170110000 11181180088028 11183240210000
11184080020000 11183120260000 11183090090000 11183110240000 11185000100000
11183110300000 11183020160000 111183100260000 11183040468005 11185000160000
11181270100000 11183110290000 111183090260000 111183100130000 11185010030000
11181190388007 111831200500001 11183110350000 111181120050000 11185010040000
11183110220000 1111840801700001 11181120410000 111181120440000 11181170060000
11183110180000 1111830903100001 11183020180000 111183110421001 11181170080000
11181270090000 1111811202200001 11183110140000 111183060300000 11181180058001
11183110030000 1111830203500001 111812700300001 11183040468002 11181180058002
111831103300001 111830902500001 111831702300001 11181120090000 11181180058003
111830404100001 11183110340000 1111831701200001 11181190371004 11181180088001
111811201400001 11181120240000 1111831001400001 11181180088036 11181180100000
111830603200001 11181120250000 111184080180000 1111811200300001 11181230110000
11181260040000 111811202300001 11181190371003 111811203000001 11181250050000
11183060280000 111811202100001 111830203100001 111831701400001 11181250150000
11183180150000 1111830400600001 111831200600001 11183170070000 111181260020000
111811204000001 11181260178002 1111830600700001 11183090110000 111181260030000
111812701800001 11181270200000 111183120270000 1111830903300001 11181260050000
111830603700001 11181120110000 111183170100000 1111831002800001 11182080070000
111831201000001 111811201300001 11183020170000 111181250160000 11183060020000
111830603400001 111811201200001 111812601500001 11183100190000 111185000210000
111811204300001 11181170130000 1111811400100001 111831702200001 11183020050000
111811700900001 111831202500001 11183030150000 1111830300600001 11183090200000
111830500500001 11183120090000 111183030070000 1111830602600001 11183100220000
111812602000001 11183060210000 111183240261023 111183100040000 111183100230000
111831101700001 111830603900001 11183090320000 111183090300000 111181190340000
11184030200000 111812701900001 111812600700001 111831000600001 11181190388001
11181260180000 111181120060000 11183110421004 111181120420000 11181260178001
111831201900001 11181270130000 11183100270000 111183100200000 11183020210000,
111831201300001 111812700500001 11183100010000 111181120040000 11183020220000'I
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11183060350000
11183050020000
11181120080000
11183120120000
11183050030000
11183040270000
11181180088025
11181260140000
11183170050000
11183170040000
11184000280000
11184000290000
11184000300000
11184000310000
11184000320000
11184000330000
11183020060000
11181260110000
11183080210000
11183090100000
11183020200000
11183170080000
11181260160000
11183060360000
11184000340000
11183160310000
11184030020000
11183170060000
11183170180000
11183020260000
11181170158001
11181200020000
11183060400000
11183040468003
11181140100000
11183020240000
11183110421002
11183060290000
11181190388020
11183090270000
11181120320000
11181120390000
11181130070000
11181130080000
11181130090000
11182080140000
11182080150000
11182080160000
11183020230000
111831002100001
111831102800001
111850001500001
11185010050000
11183040468001
11183040468004
111830404000001
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EXHIBIT 3
NOTICE OF HEARING - CITY OF EVANSTON
SPECIAL SERVICE AREA NUMBER 4
NOTICE IS HEREBY GIVEN that on November 25, 2019 at 7:00 p.m., City
Council Chambers, 2100 Ridge Avenue, Evanston, Illinois 60201, a hearing will be held
by the City Council of the City of Evanston to consider the establishment of a Special
Service Area consisting of territory legally described as follows:
Legal Description of Special Service Area #4
Downtown Evanston, Evanston, IL.
Beginning at the intersection of the South line of Emerson Street and the East line of
Ridge Avenue; thence Eats along the South line of Emerson Street to the west line of
Maple Avenue; thence South along the West line of Maple Avenue to the South line of
University Place extended; thence East along the South line of University Place and its
extension to the East line of Lot 1 in Ivy Court Subdivision recorded as document
number 98373123 extended; thence North along said East line and its extension to the
Southeast line of Elgin Road; thence Southeast, along said Southeast line of Elgin
Road to the West line of Benson Avenue; thence North along the West line of Benson
Avenue to the South line of Emerson Street to the West line of Lot 4 in Block 6 in the
Village of Evanston; thence South along the West line of said Lot 4 to the North line of
the South Half of said Lot 4; thence East along the North line of the South Half of said
Lot 4 to the East line of Lot 4; thence South along the East line of said Lot 4 to the North
line of University Place; thence West along the North line of University Place to the
Northeast line of Elgin Road; thence Southwesterly to the intersection of the South line
of University Place and the Southwesterly line of Elgin Road; thence Southeasterly
along the Southwesterly line of Elgin Road to the West line of Sherman Avenue; thence
Southeasterly to the intersection of the East line of Sherman Avenue and the Southwest
line of Elgin Road; thence Southeasterly along the Southeasterly line of Elgin Road to
the intersection of the South line of Clark Street and the Northwesterly line of Orrington
Avenue; thence Southwesterly along the Northwesterly line of Orrington Avenue to the
extension of the North line of Lot 8 in Block 15 in said Village of Evanston; thence
Southeasterly along said North line of Lot 8 to the Southeast line of the Northerly -
Southerly alley in said Block 15; thence Northeasterly along said Southeast line of said
alley to a line 11 feet Northeasterly of and parallel with the Northeast line of Lot 14 of
said Block 15; thence Southeasterly along said parallel line to the Southeasterly line of
Chicago Avenue; thence Northeasterly along the Southeasterly line of Chicago Avenue
to the Southerly line of Clark Street; thence Southeasterly along the Southerly line of
Clark Street to the Westerly line of the Northerly -Southerly alley; thence Southwesterly
along said Westerly line of said alley to the North line of Church Street; thence
Southwesterly to the intersection of the South line of Church Street and the Westerly
line of the Northerly -Southerly alley in Block 20 in said Village of Evanston; thence
Southwesterly along said Westerly line of said alley to an intersecting point with the
extended South line of lot 11 in aforesaid Block 20; thence Southeasterly along said
South line of Lot 11 to the Westerly line of Hinman Avenue; thence Southwesterly along
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said Westerly line of Hinman Avenue to the South line of Lot 2 in Block 26 of said
Village of Evanston; thence Northwesterly along the South line of said Lot 2 to a point
on the West line of the Northerly -Southerly alley in said Block 26; thence Southwesterly
along said West line to a line 18 feet Southwest of and parallel with the North Line of Lot
A of the Plat of Consolidation of lots 7 and 8 in said Block 26; thence Northwesterly
along said parallel line to a line 100 feet Northwest of and parallel with said west line of
alley to the North line of Grove Street; thence Northwesterly along said North line of
Grove Street to its intersection with the west line of the North -South alley in Block 29 in
said Village of Evanston; thence South along said West line to the North line of Lake
Street; thence South to the intersection of the South line of Lake Street and the West
line of the North -South alley in Lakeside Subdivision of Block 30 in said Village of
Evanston, said point being the Northeast corner of Lot 1 in The Emmanuel Evangelical
Lutheran Church Consolidation recorded as document 86439263; thence South along
the West line of said alley to a line 10 feet North of and parallel with the South line of Lot
14 in said Lakeside Subdivision; thence West along said parallel line to the East line of
Sherman Avenue; thence Northwesterly to the intersection of the Westerly line of
Sherman Avenue and the Easterly line of the Chicago Transit Railroad right of way;
thence Northwesterly along said right of way to its intersection with the North line of
Lake Street; thence West along the North line of Lake Street to the East line of
Elmwood Avenue; thence North along the East line of Elmwood Avenue to its
intersection with the extension of the North line of the East-West alley in Block 53 in
said Village of Evanston; thence West along said North line and its extension to the
East line of Maple Avenue; thence North along the East line of Maple Avenue to the
South line of Grove Street; thence Northwesterly to the intersection of the East line of
Maple Avenue and the North line of Grove Street; thence West along the North line of
Grove Street to the East line of Oak Avenue; thence North along the East line of Grove
Avenue to its intersection with the South line and its extension of Lot 6 in Block 61 in
said Village of Evanston; thence West along said South line and its extension to the
East line of the North -South alley in said Block 61; thence North along said East line to
the South line of Davis Street; thence North to the intersection of the North line of Davis
Street and the East line of the North -South alley in Block 68 in Village of Evanston;
thence North along the East line of said alley to the South line of the East-West alley in
said Block 68; thence East along said South line and its extension to the East line of
Oak Avenue; thence North along the East line of Oak Avenue to the South line of
Church Street; thence North to the intersection of the North line of Church Street and
the East line of Oak Avenue; thence North along the East line of Oak Avenue to the
Southwesterly right of way of the Chicago and Northwestern Railway; thence
Northwesterly along said right of way to the Easterly line of Ridge Avenue; thence
Northeasterly to the point of beginning all in Cook County, Illinois.
The approximate location of the proposed Special Service Area Number 4 is
located in the downtown Evanston business district bound by Emerson on north, Ridge
on west, Chicago Ave on east and Grove on south. The area comprised of commercial
and mixed use properties is focused primarily on the inclusion of properties that include
ground floor commercial uses.
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All interested persons affected by the proposed establishment of the Special
Service Area will be provided with an opportunity to be heard regarding the formation of,
the boundaries of, the special service area and may object to the formation of the area
and the levy of taxes affecting the area. The purpose for establishing the Special
Service Area is to provide a source of funds for business district activities that are
proposed to include within the SSA boundaries, but are not limited to landscaping
activites, installation of holiday decorations, public -way aesthetic improvements,
wayfinding signage, and advertising and marketing of the business district. All the
described services are unique and in addition to services generally provided by the City
of Evanston.
At the hearing, a tax levy for the Special Service will be considered. The
proposed tax levy for the Special Service Area is an amount not to exceed a rate of
.2460% of the equalized assessed value of the property within the proposed Special
Service Area and the tax will be levied for indefinite period of time from and after the
date of the ordinance establishing the Special Service Area. These taxes shall be in
addition to all other taxes permitted by law and shall be levied pursuant to the provisions
of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to
produce approximately $502,665 annually for the cost of the services described above.
The City of Evanston, however, may annually levy up to the maximum rate specified in
the ordinance establishing the Special Service Area for the cost of services described
above as said services become necessary and are provided by the City of Evanston.
The hearing may be adjourned by the City Council of the City of Evanston to another
date without further notice other than a motion to be entered upon the minutes of its
meeting fixing the time and place of its adjournment.
If a petition objecting to the establishment of the proposed Special Service Area,
the tax levy, or the imposition of a tax for the provision of special services to the
proposed Special Service Area that has been signed by at least fifty-one percent (51 %)
of the electors residing within the proposed Special Service Area, and by at least fifty-
one percent (51 %) of the owners of record of the land included within the boundaries of
the proposed Special Service Area, is filed with the City of Evanston City Clerk within
sixty (60) days following the final adjournment of the public hearing regarding the
establishment of the proposed Special Service Area, no such Special Service Area may
be established nor any tax levied or imposed.
Dated this the day of 120
CITY CLERK
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