HomeMy WebLinkAboutORDINANCES-1993-120-O-93i
10/19/93
10/20/93
AN ORDINANCE
Proposing the Establishment of
Special Service Area No. 5 in the
City of*Evanston and Providing for a
Public Hearing and other Procedures
in Connection Therewith
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of
the CITY of EVANSTON, COOK COUNTY, ILLINOIS, in the exercise of
its home rule powers, as follows:
SECTION 1: Findinas. The City Council (the "City
Council") of the City of Evanston (the "City") finds and declares
as follows:
(A) The City is, pursuant to Section 6(a) of Article VII of
the 1970 Constitution of the State of Illinois (the
"Illinois Constitution"), a home rule unit and
authorized to exercise any power and perform any
function pertaining to its government and affairs
including, but not limited to, the power to tax.
(B) The City, as a home rule unit, is authorized to
establish special service areas in order to provide
special services to certain areas within the City and
to impose a tax for the provision of such services
pursuant to Article VII, Section 6(1) of the Illinois
Constitution and 35 Illinois Compiled Statutes 235/1 et
seq.
(C) It is in the public interest that a special service
area (the "Evanston Special Service Area No. 511) be
established in the territory described in Exhibit A,
which is attached to and made a part of this Ordinance
(the "Territory"). The Territory is compact and
contiguous and constitutes a business and commercial
area within the City.
(D) Evanston Special Service Area No. 5 is to be
established to provide certain public services (the
"Services") which will supplement services currently or
customarily provided by the City to the Territory. The
1
Special "Services" as they apply to said Special
Service Area No. 5 shall include the construction of
new streetlight wiring, sidewalks, curbs, landscaping
improvements, street resurfacing and other general
streetscape improvements required to improve the right-
of-way areas in the Territory together with any such
other further services necessary and/or incidental to
the accomplishment of the aforesaid improvement.
(E) The Services proposed to be provided in Evanston
Special Service Area No. 5 are unique and in addition
to the general municipal services provided to the City
as a whole and will be for the common interests of and
benefit specifically the Territory.
(F) It is in the public interest of the City that the
Services to be provided to the Territory be paid for by
the levy of a special tax against all property located
within the Territory.
SECTION 2: Establishment of Evanston Special Service
Area No. 5. Pursuant to authority granted by the Illinois
Constitution and the Illinois Compiled Statues, the City proposes
the establishment of Evanston Special Service Area No. 5 for the
purpose of providing the Services as set forth above within the
Territory.
SECTION 3: Hearina. A public hearing shall be held on
the 13th day of December 1993, at 2100 Ridge, Evanston, Illinois,
to consider the establishment of Evanston Special Service Area
No. 5 in the Territory as set forth in Exhibit A in the City of
Evanston, Illinois.
Further at the hearing, there shall be considered a proposal
for the providing of the services. At the hearing, there shall
also be considered the borrowing of an amount not to exceed Five
Million Dollars ($5,000,000) to be evidenced by full faith and
credit bonds, payable from a tax levied without limit as to rate
44 2
or amount on all of the taxable property located in said area,
(The Territory as set forth in Exhibit A), the proceeds of which
shall be used to pay part of the costs of the services. The
services include the construction of new streetlight wiring,
sidewalks, curbs, landscaping improvements, street resurfacing
and other general streetscape improvements required to improve
the right-of-way areas in the Territory together with any such
other further services necessary and/or incidental to the
accomplishment of the aforesaid improvement.
Said bonds are to be retired over not to exceed a twenty-
three (23) year period and to bear interest at a rate of not to
exceed Nine Percent (9%) Per Annum. Said bonds, shall be retired
by the levy of a direct tax to pay the interest of said bonds as
it falls due and to discharge the principal thereof at maturity.
Said tax shall be levied upon all taxable property within the
proposed special services area.
Said tax is to be levied pursuant to the provisions of the
Revenue Act of 1939 upon all taxable property located within the
Territory and said tax shall be in addition to any other annual
tax presently levied by any taxing district within the Territory.
SECTION 4: Notice. Notice of hearing shall be
published at least once not less than fifteen (15) days prior to
the public hearing in the Evanston,Review, a newspaper of general
circulation within the City. In addition, notice by mailing
shall be given by depositing said Notice in the United States
mails 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 Territory of the
proposed Evanston Special Service Area No. 5. Said Notice shall
be mailed not less than ten (10) days prior to the time set for
the public hearing. In the event taxes for the last preceding
year were not paid, the Notice shall be sent to the person last
listed on the tax rolls prior to that year as the owner of said
property. The Notice shall be in substantially the following
form:
NOTICE of HEARING
CITY of EVANSTON
SPECIAL SERVICE AREA
No. 5
NOTICE IS HEREBY GIVEN that on December 13, 1993, at 8:00 P.M.,
40 at 2100 Ridge, Evanston, Illinois, a hearing will be held by the
City of Evanston (the "City") to consider forming a special
service area (the "Evanston Special Service Area No. 511)
consisting of the territory (the "Territory") legally described
in Exhibit A attached to this Notice.
The approximate street locations of the Territory of the
proposed Evanston Special Services Area No. 5 are shown on the
map attached as Exhibit B to this Notice.
Evanston Special Service Area No. 5 is to be established to
provide certain public services (the "Services") to the
Territory which will supplement the services currently or
customarily provided by the city to the Territory. The Services
proposed to be provided are unique and in addition to the general
municipal services provided to the City as a whole and will be
for the common interests of and benefit specifically the
Territory.
The purpose of the formation of the City of Evanston Special
Service Area No. 5 is to provide special municipal service to the
area. The services shall include the construction of new
streetlight wiring, sidewalks, curbs, landscaping improvements,
street resurfacing and other general streetscape improvements
required to improve the right-of-way areas in the Territory
4 4
together with any such other further services necessary and/or
incidental to the accomplishment of the aforesaid improvement.
The issuance of full faith and credit bonds, payable from a tax
levied without limit as to rate or amount on all of the taxable
property located within said area, in an amount not to exceed
Five Million Dollars ($5,000,000) at an interest rate of not to
exceed Nine Percent (9%) Per Annum and to mature within -twenty
three years (23), will be considered at the hearing. Said bonds
shall be retired by the levy of a direct tax to pay the interest
on such bonds as it falls due and to discharge the principal
thereof at maturity, said tax to be levied upon all the taxable
property within the proposed Special Service Area (The
Territory).
All interested persons affected by the formation of Evanston
special Service Area No. 5, including all persons owning taxable
real property located within the Territory, will be given an
opportunity to be heard regarding the formation of and the
boundaries of the Territory of Evanston Special Service Area No.
5, the issuance of bonds and the levy of taxes affecting proposed
Evanston Special Service Area No. 5; and will be given an
opportunity to file objections to the formation of Evanston
Special Service Area No. 5, the issuance of bonds and the levy of
taxes affecting Evanston Special Service Area No. 5.
Written objections may be filed on or before the date of the
hearing and at the hearing all persons affected will be given an
opportunity to be heard.
The hearing may be adjourned by the City 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 signed by at least 51% of the electors residing
within the Territory of Evanston Special Service Area No. 5 and
by at least 51% of the owners of record of the land located
included within the Territory is filed with the City Clerk within
sixty (60) days following the final adjournment of the public
hearing objecting to the establishment of Evanston Special
Service Area No. 5, the issuance of bonds or the levy or
imposition of a tax for the provision of Services to Evanston
Special Service Area No. 5, no such area may be created and no
such tax may be levied or imposed.
SECTION 5: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 6: This ordinance shall be in full force and
effect from and after its passage, approval and publication in
the manner provided by law.
I
Introduced: � a� , 1993
Adopted: �i"'a-0 e"�e� , 1993
ATTEST:
City Clerk
tA proved as t form:
Corporation Counsel
Approved: �/�(� / �/ , 1993
Mayor '
0
EXHIBIT A
SPECIAL SERVICE DISTRICT #5
That part of the Northeast 1/4, Northwest 1/4, Southwest 1/4 and
Southeast 1/4 of Section 18, Township 41 North, Range 14 East of
the Third Principal Meridian, described as follows:
Beginning at the point of intersection of the centerline of Oak
Avenue with the westerly right-of-way line of the Chicago and
Northwestern Railroad right-of-way in the northwest 1/4 of said
Section 18; thence south along the centerline of Oak Avenue to the
point of intersection with the south right-of-way line of Church
Street; thence west along said south line of Church Street to the
northwest corner of Lot "A" in the consolidation of Lots 1 & 2 in
the resubdivision of Lots 1, 2 & 3 in Evan's Resubdivision in Block
68 of the Village of Evanston in the southwest 1/4; thence south
along the west line of said Lot "A" to a point on the centerline of
the east -west alley in Block 68 of the Village of Evanston; thence
west along the centerline of said east -west alley to the point of
intersection with the centerline of the north -south alley in
aforesaid Block 68; thence south along the centerline of said
north -south alley to a point 10 feet east of the northeast corner
of Lot 11 in Block 68 of Village of Evanston, (as measured along
the North line extended of said Lot 11); thence west along the
northerly line of said Lot 11 to a point in the centerline of Ridge
Avenue; thence southeasterly along the centerline of Ridge Avenue
to intersecting point with line extended westerly along the north
line of Lot "A" in the F&L Construction Corporation. Consolidation
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of parts of Lots 9 & 10 in Block 61 of the Village of Evanston;
thence east along the northerly line of said Lot "A" to a point on
the centerline of the north -south alley in aforesaid Block 61 of
the Village of Evanston (said point being 10 feet east of the
northeast corner of aforesaid Lot "A" as measured along the north
line extended of said Lot "A"); thence north along the centerline
of aforesaid north -south alley in aforesaid Block 61 to the point
of intersection with the north line extended of Lot 4 in aforesaid
Block 61 of the Village of Evanston; thence east to the northeast
corner of said Lot 4; thence northeast to a point on the west line
of Block 62 in the Village of Evanston, (said point being 135 feet
south of the south line of David Street); thence east along a line
135 feet south of and parallel to the south line of Davis Street to
a point on the west line of Lot 4 in aforesaid Block 62 of the
Village of Evanston; thence south along the west line of Lot 4 to
a point on the centerline of the east -west alley in aforesaid Block
62; thence west along the centerline of said east -west alley to the
point of intersection with the centerline of Oak avenue; thence
south along the centerline to the point of intersection with the
centerline (extended west) of the east -west alley in Block 54 of
the Village of Evanston; thence east along the centerline of said
east -west alley to the point of intersection with the centerline of
the north -south alley in aforesaid Block 54; thence south along
said centerline of said north -south alley in aforesaid Block 54 to
the point of intersection with the centerline of Lake Street;
thence east along the centerline of Lake Street to the point of
intersection with the centerline of Chicago Avenue; thence
-2-
northeasterly along the centerline of Chicago Avenue to the point
of intersection with the centerline of Grove Street; thence
easterly along the centerline of Grove Street to the point of
intersection with'the centerline (extended south) of the north -
south alley in Block 26,of the Village of Evanston in the Southeast
1/4 of Fractional Section 18, Township 41 North, Range 14; thence
northeasterly along the said centerline of said north -south alley
in aforesaid Block 26 to the point of intersection with the
northerly line of Lot 3 (said northerly line extended westerly) in
Block 26 of the Village of Evanston; thence southeasterly along the
northerly line of Lot 3 to the point of intersection (said
northerly line extended easterly) with the centerline of Hinman
Avenue; thence northeasterly along the centerline of Hinman Avenue
to the point of intersection with the northerly line of Lot 12
(said northerly line extended easterly) in Block 20 of the Village
of Evanston; thence westerly along the northerly line of Lot 12 and
the northerly line extended of Lot 12 to the point of intersection
with the centerline of the north -south alley in Block 20 of Village
of Evanston; thence northeasterly along said centerline of said
north -south alley and along its extension northward to the point of
intersection with the centerline of Church Street, in the Northeast
1/4 of Section 18, Township 41 North, Range 14; thence
northwesterly along the centerline of Church Street to the point of
intersection with the centerline of Chicago Avenue; thence
northeasterly along the centerline of Chicago Avenue to the point
of intersection with the northerly line extended east, of Lot 12 in
Block 15 of Village of Evanston; thence westerly along said
-3-
northerly line of Lot 12 to the point of intersection with the
centerline of the north -south alley in aforesaid Block 15; thence
northerly to the centerline of the northwest -southeast leg of said
public alley in aforesaid Block 15; thence northwesterly at 45
degrees to the last described line to the point of intersection
with the west leg,of the north -south alley in aforesaid Block 15;
thence north along said centerline of said alley to the point of
intersection with the northerly line of Lot 17 (said line extended
westerly) in aforesaid Block 15; thence easterly along the
northerly line of said Lot 17 to the point of intersection with the
centerline of Chicago Avenue; thence northeasterly along the
centerline of Chicago Avenue _to its intersection with the north
line of Clark Street, (said line extended east); thence
northwesterly along the north line of Clark Street to the southwest
corner of Lot "A" in the consolidation of parts of Block 2, 9 & 10
of the Village of Evanston and Northwestern University
Resubdivision of part of Block 5 together with vacated alleys
within and vacated streets adjacent in the northwest 1/4 of said
Section 18 (said point also being on the east line of Sherman
Avenue); thence north on the east line of Sherman Avenue to its
intersection with the centerline of University Place; thence west
along said centerline of University Place to the intersection with
the centerline of Sherman Avenue; thence north along the centerline
of Sherman Avenue a distance of 133 feet; thence west along a line
which is 133 feet north of and parallel to the centerline of
University Place to the west line of Lot 3 in Block 6 of Village of
Evanston; thence north along said west line of said Lot 3 to a
-4 -
point 114 feet south of the south line of Emerson Street; thence
west to a point on the west line of Lot 4 in Block 6 of Village of
Evanston which is 114 feet south of the south line of Emerson
Street; thence north along the west line of Lot 4 to the south line
of Emerson Street; thence west along the south line of Emerson
Street to the centerline of Benson Avenue; thence south along the
centerline of Benson Avenue to its intersection with the centerline
of Davis Street in the Southwest 1/4 of said Section 18; thence
west along the centerline of Davis Street to its intersection with
the westerly right-of-way line (extended southeasterly) of the
Chicago & NorthWestern Railroad; thence northwesterly to the point
of beginning;
Excepting therefrom those portions described as follows:
Lots 1, 2, & 3 in Block 68 in the Village of Evanston in the
Southwest 1/4 of Section 18, Township 41 North, Range 14 East of
the Third Principal Meridian;
Also
Lots 4 & 5 in Evans Resubdivision of the north 24 feet of Lot 3 and
Lots 4, 5 & 6 in Village of Evanston in the Southwest 1/4 of
Section 18, Township 41 North, Range 14 East of the Third Principal
Meridian;
Also
Lot 1 in Plat of Consolidation of Lots 15 to 19, both inclusive, in
Block 53 in the Village of Evanston in the Southwest 1/4 of Section
18, Township 41 North, Range 14 East of the Third Principal
Meridian;
Also
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Lots 11 & 12 in Block 52 in the Village of Evanston in the
Southwest 1/4 of Section 18, Township 41 North, Range 14 East of
the Third Principal Meridian:
Also
Lots 1, 2, 3 & 4 in Block 29 in the Village of Evanston in the
Southwest 1/4 of Section 18, Township 41 North, Range 14 East of
the First Principal Meridian;
Also
Lots 15 through 18, both inclusive; also Lots 33 through 36, both
inclusive; also the south half of vacated 24 foot alley north of
and adjoining Lots 15 and 36; also the north half of vacated 24
foot alley south of and adjoining Lots 18 and 33; also the vacated
alley east of and adjoining Lots 15 through 18, all in Block 65 of
the Village of Evanston in the Southwest 1/4 of Section 18,
Township 41 North, Range 14 East of the Third Principal Meridian;
Also
Lots 8, 9, & 10 in Block 15 in Village of Evanston; also that part
of Lots 11, 12, & 13 and the vacated north -south alley described as
follows: Beginning at the southeast corner of Lot 10 in said Block
15; thence east 40.0 feet; thence north at right angles to the last
described line a distance of 188.15 feet; thence northwesterly a
distance of 14.14 feet to a point which is 198.15 feet north of the
north line of Church Street; thence west 30.0 feet to the northeast
corner of Lot 8 in said Block 15; thence south 198 feet to the
point of beginning; in parts of the northeast and northwest 1/4's
of Section 18, Township 41 North and Range 14 East of the Third
Principal Meridian, all in Cook County, Illinois.
Engineering Division
September 1, 1993
EXHIBIT B
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41 SPECIAL SERVICE DISTRICT N0. 5