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HomeMy WebLinkAboutORDINANCES-1992-049-O-926-1-92 • 49-0-92 AN ORDINANCE Extending City of Evanston Special Service Area No. 4 of the City of Evanston, Cook County, Illinois for a Period of Five Year 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 Chapter 120, Paragraph 1301 et sea. of the Illinois Revised Statutes. (C) The City on August 10, 1987 pursuant to ordinance 46-0-87 did establish "Evanston Special Service Area No. 4" 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. By the terms of said ordinance Special Service Area No. 4 terminates on the fifth anniversary date of the adoption of Ordinance 46- 0-87. (D) Evanston Special Service Area No. 4 was established to provide certain public services (the "Services") to supplement services currently or customarily provided by the City to the Territory, assist the promotion and advertisement of the Territory in order to attract businesses and consumers to the Territory, and provide any other public service to the Territory which the City may deem appropriate form time to time. Special services as they apply to said Special Service Area No. 4 have included 49-0-92 r maintenance of public improvements, increased custodial • maintenance including, but not limited to, sidewalk snow removal and landscaping, together with any such other further services necessary and/or incidental to the accomplishment of the aforesaid improvement. (E) It is in the public interest that Special Service Area No. 4 by extended for 5 years from the date of proposed termination. (F) EVMARK, an Illinois not -for -profit corporation, has participated in the implementation of proposed Evanston Special Service Area No. 4, and the City intends to enter into an agreement with EVMARK (the "Agreement") to plan, implement and manage the Evanston Special Service Area No. 4 for the additional five year period. The Agreement designates EVMARK as the exclusive provider of certain services that the City is not available to perform for the Territory on as timely, economical and efficient basis as an independent provider of such services and to promote and advertise the Territory for the purpose of attracting businesses and consumers to the Territory. (G) The Services proposed in Evanston Special Service Area No. 4 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. (H) The question of the extension for 5 years of Evanston • Special Service Area No. 4 is considered by the City pursuant to an ordinance entitled: "PROPOSING THE EXTENSION OF SPECIAL SERVICE AREA NO. 4 FOR FIVE ADDITIONAL YEARS AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH," adopted February 12, 1992, and is considered pursuant to a hearing held on March 9, 1992, by the City Council pursuant to Notice duly published in the Evanston Review, a newspaper of general circulation within the City, at least fifteen (15) days prior to the hearing and pursuant to Notice by mail 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. Said Notice was given by depositing said Notice in the United States mails 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 was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A Certificate of Publication of said Notice and an Affidavit of Mailing of said Notice are attached to this Ordinance as Exhibits B and C. Said Notices conformed in all 2 0 49-0-92 • respects to the requirements of Chapter 120, Paragraphs 1304 and 1305 of the Illinois Revised Statutes. (I) That a public hearing on the question set forth in the Notice was held on March 9, 1992. All interested persons were given an opportunity to be heard on the question of extending Evanston Special Service Area No. 4 and that no one spoke in opposition to Evanston Special Service Area No. 4 and that no one requested that Evanston Special Service Area No. 4 not be extended. That at said public hearing it was specifically stated that if a petition signed by at least fifty-one percent (51%) of the electors residing within the Territory of Evanston Special Service Area No. 4 and by at least fifty-one (51%) of the owners of record of the land within the Territory is filed with the City Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the extension of Evanston Special Service Area No. 4, the levy of imposition of a tax for the provision of Services to the Territory, no such extension may be created and no such tax may be levied or imposed. The public hearing was adjourned on June 8, 1987. (J) That Sixty (60) days have elapsed since the public hearing to consider the extension of Evanston Special Service Area No. 4 and that no petition was filed opposing the extension of the Evanston Special Service Area No. 4 pursuant to Chapter 120, Paragraph 1309 of the Illinois Revised • Statutes. (K) The Services proposed to be provided in Evanston special Service Area No. 4 are unique and in addition to the general municipal services provided to the City as whole and will be for the common interest of and benefit specifically the Territory. (L) 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: The Evanston Special Service Area No. 4 be Extended for 5 vears. The special service area known and designated as "City of Evanston Special Service Area No. 4" is extended for five additional years. SECTION 3: Evanston Special Service Area No. 4 Term. 3 • 49-9-92 Evanston Special Service Area No. 4 will • automatically terminate on August 13, 1997, unless prior to such date the City Council enacts an ordinance extending the duration of Special Service Area No. 4. SECTION 4: Tax Levy. The City Council shall levy for the purpose of paying for Evanston Special Service Area No. 4 an annual tax not to exceed the lesser of an annual rate of .28% of the assessed value of property located within the Territory or $250,000. Said annual tax will be levied for a maximum of 5 years. Said tax is to be levied pursuant to the provisions of the Revenue Act of 1939 upon all taxable property within Evanston Special Service Area No. 4, as legally described, and said tax shall be in addition to any other annual tax presently levied by any taxing district within Evanston Special Service Area No. 4. With respect to any tax levied to pay • for Evanston Special Service Area No. 4 not less than fifty percentage (500) of the proceeds of any tax so levied shall be used to pay for those Services which will assist the promotion and advertisement of the Territory in order to attract businesses and consumers to the Territory. SECTION 5: Administration Agreement. The City shall enter into the Agreement with EVMARR, and the City Manager of the City of Evanston is hereby authorized and directed, in the name of the City, to execute and deliver the Administration Agreement, and to do and perform such other acts 4 • 49-0-92 n • 0 and things as shall be necessary, convenient or proper to extend, administer and maintain Evanston Special service Area No. 4. SECTION 6: Effective Date. That all ordinances, resolutions and orders, or parts thereof, in conflict herewith, be and the same are hereby repealed and this Ordinance shall be in full force and effected from and after its passage and approval and publication in the manner provided by law. Introduced: Adopted: ATTEST* City Clerk App o ed as t� torm• ' \t Corporati on Co nsel , 1992 , 1992 Approved: 1992 Mayor P vo tit 5 • EXHIBIT A LEGAL DESCRIPTION FOR'SPECIAL SERVICE DISTRICT NO. 4 That part of the southeast 1/4, northwest 1/4, southwest 1/4, and northeast 1/4 of Section 18, Township 41 north, Range 14 ±j east of the Third Principal Meridian, bounded and described as follows: Beginning at the point of intersection of the center line of ! 'l Grove Street and center line of Maple Avenue in the southwest �! 1/4; thence northerly along the center line of Maple Avenue to a point 100 feet from the intersecting point of the center line ;i of Maple Avenue and the extended north right of way line of the east -west alley in block 62 of the Village of Evanston, thence westerly parallel to the north line of aforesaid alley to a.' �i point in the east line of lot 3 in aforesaid block 62; thence 1! southerly along the east line of aforesaid lot 3 to a point on ;I the north right of way'line of said east -west alley; thence westerly along the north line of said alley to the south-west corner of lot 4 in aforesaid block 62; thence northerly along I the west line of said lot 4 for a distance of 90 feet; thence westerly along a line parallel to north line of block 62 to an i intersecting point of the center line of Oak Avenue; thence northerly along the center line of Oak Avenue to an intersecting point of the extended south line of lot 6, block 61 in the Village of Evanston, thence westerly along the south line of said lot 6 to the point on the center line of the • north -south alley in block 61, thence northerly along the center line of said alley to a point on the center line of Davis Street, thence easterly along the center line of Davis Street to an intersecting point on the center line of Oak Avenue, thence northerly along the center line of Oak Avenue to the intersecting point of the extended center line of the east -west alley in block 67 in the Village of Evanston; thence easterly along the center line of said alley to a point on the extended center line of the north -south alley in aforesaid block 67, thence northerly along the center line of aforesaid north -south alley to an intersecting point of the extended south line of lot 1 of G. W. Smith's subdivision of lot 6 and west 40 feet of lot 5 of said block 67, thence westerly along the south line of aforesaid lot 1 of G. W. Smith's subdivision to a point on the center line of Oak Avenue; thence northerly along the center line of Oak Avenue to a point on the center line of the Chicago and Northwestern Railroad right of way in the northwest 1/4; thence south easterly along said center line of the Chicago and Northwestern Railroad right of way to a point on the north line of Davis Street in the southwest 1/4; thence easterly along the north line of Davis Street to an intersecting point on the west right of way line of Benson Avenue in the southwest 1/4; thence northerly along the west right of way line of Benson Avenue to a point on the center line of Church Street in the southwest 1/4; thence easterly along said center line of Church Street to an intersecting point of west right of way line of Benson Avenue (north of Church Street in the northwest 1/4); thence northerly along said west line of Benson Avenue in the northwest 1/4 to a point on the north right of way line of University Place; thence easterly along the said north line of University Place to an • intersecting point with the center line of Sherman Avenue; thence southerly along said center line of Sherman Avenue to a point on the center line of Clark Street; thence easterly along said center line of Clark Street to an intersecting point with • the extended west line of lot 11 of Block 16, in the Village of Evanston; thence southerly along said west line of lot 11 to the southwest corner of aforesaid lot 11; thence easterly along the south line of aforesaid lot 11 for a distance of 82 feet in said block 16; thence northerly parallel to the east line of said lot 11 in block 16 to a point on the center line of Clark Street; thence easterly along said center line of Clark Street to an intersecting point on the center line of Orrington Avenue in the northwest 1/4, thence southwesterly along the center line of Orrington Avenue to an intersecting point with the extended center line of Church Street in the southwest 1/4; thence southeasterly along the center line of Church Street to a point on the center line of Chicago Avenue in the southeast 1/4; thence southwesterly along the center line of Chicago Avenue to an intersecting point with the extended line 5 feet south of the south line of lot 3 in block 20, in the Village of Evanston; thence southeasterly along said line, 5 feet south -of i. the south line of said lot 3 to a point on the center line of the north -south alley in block 20, thence southwesterly along 1 !: said center line of alley to an intersecting point with the ! extended south line of -lot 11 in aforesaid block 20, thence I; ji southeasterly along said south line of lot 11 to a point on the j center line of Hinman Avenue; thence southwesterly along the center line of Hinman Avenue to an intersecting point with the j' extended south line of lot 2 of block 26 of the Village of I; Evanston, thence northwesterly along the south line of lot 2 in said block 26 to a point on the west right of way line of the I j northerly -southerly alley in said block 26; thence southwesterly along said west line of alley in block 26 to a point on the south line of lot 9 in said block 26; thence • northwesterly along the north line of lot A of plat of consolidation of lots 7 and 8 in said block 26 (commonly known as 519 Grove Street in the City of Evanston); thence along the west line of aforesaid lot A to a point on the center line of Grove Street in the southeast 1/4; thence northwesterly along the center line of Grove Street to an intersecting point with the center line of Chicago Avenue in the northeast 1/4 of the southwest quarter; thence northeasterly along said center line of Chicago Avenue to an intersecting point with the extended north line of lot 5 in block 27 in the Village of Evanston, thence northwesterly along said north line of lot 5 to a point on the center line of the north -south alley in block 27; thence southwesterly along said center line of alley to a point on the center line of the north -south alley in block 29 in the Village of Evanston; thence southerly along said center line of alley in block 29 to an intersecting point on the center line of Lake Street; thence westerly along the center line of Lake Street to an intersecting point with the extended center line of the north -south alley in block 30 of the Village of Evanston, thence southerly along the center line of the alley in block 30 to the extended south line of lot 14 of aforesaid block 30, thence westerly along said south line of lot 14 to an intersecting point on the center line of Sherman Avenue; thence northerly along the center line of Sherman Avenue to a point on the center line of Lake Street; thence westerly along said center line of Lake Street to an intersecting point on the center line of the C.M. and St. P. R.R. right of way; thence northwesterly along said center line of the C.M. and St. P. R.R. right of way to -an intersecting point on the center line of Grove Street; thence westerly along said center line of • Grove Street to the point of beginning (center line of Maple Avenue). 0