HomeMy WebLinkAboutORDINANCES-1992-001-O-921-23-92
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AN ORDINANCE
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
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
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• 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
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 Implementing
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.
SECTION 2: Evanston Special Service Area Establishment
and Term. Pursuant to authority granted by
the Illinois Constitution and the Illinois Revised Statutes, the
City proposes that the term of Special Service Area No. 4 be
extended for 5 years from the date of termination (August 13,
1992). Upon such extension, the City proposes that it enter into
the "Agreement". Evanston Special Service Area No. 4, if
extended, shall terminate August 13, 1997, unless prior to such
date the City enacts an ordinance extending the duration of
proposed Evanston Special Service Area No. 4.
SECTION 3: Hearina. A public hearing shall be held on
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• the 9th day of March, 1992, at 2100 Ridge
Avenue, Evanston, Illinois, to consider the extension of Evanston
Special Service Area No. 4 in the City of Evanston, Illinois. At
the hearing, there shall be considered.a proposal for the
providing of the Services. At the hearing, there shall also be
considered the levy for the purpose of paying for Evanston
Special Service Area No. 4 of an annual tax not to exceed the
lesser of an annual rate of .280 of the assessed value, as
equalized, of the property located within the Territory or
$250,000. Said tax will be levied for a maximum 5 years from the
date of termination of the ordinance creating Evanston Special
Service Area No. 4 (August 13, 1992). 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. 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. At the hearing, there
shall also be considered the proposal that the City enter into
the Agreement with Evmark.
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
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•
• 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. 4. 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. 4
EXTENSION OF TERM FOR FIVE ADDITIONAL YEARS
NOTICE IS HEREBY GIVEN that on March 9, 1992, at 9:00
P.M., at 2100 Ridge, Evanston, Illinois, a hearing will be held
by the City of Evanston (the "City") to consider the extension
for five years of "Evanston Special Service Area No. 4"
consisting of the territory (the "Territory") legally described
in Exhibit A attached to this Notice.
The approximate street locations of the Territory of
the Evanston Special Service Area No. 4 are shown on the map
attached as Exhibit B to this Notice.
Evanston Special Service Area No. 4 is to be extended
for five additional years in order 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, assist the promotion and advertisement of the
Territory in order to attract businesses and consumers to the
Territory, and provide any other public services to the Territory
which the City may deem appropriate from time to time. The
Services proposed to be provided are unique and in addition to
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• the general municipal services provided to the City as a whole
and will be for the common interests of and benefit specifically
the Territory.
At the hearing, there shall also be considered the levy
for the purpose of paying for Evanston Special Service Area No. 4
of an annual tax not to exceed the lesser of an annual rate of
.280, the assessed value, as equalized, of the property located
within the Territory or $250,000. Said tax will be levied for a
maximum of five years from the date of the termination of
Evanston Special Service Area No. 4 as set forth in the enabling
legislation (August 13, 1992) and 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. 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.
EVMARK, an Illinois not -for -profit corporation, is to
participate in the five year extension of Evanston Special
Service Area No. 4, and the City intends to enter into an
agreement with EVMARK ("Agreement") to plan and manage Evanston
Special Service Area No. 4. 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.
All interested persons affected by the five year
extension of Evanston Special Service Area No. 4, including all
persons owning taxable real property located within the
Territory, will be given an opportunity to be heard regarding the
extension for five years of Evanston Special Service Area No. 4,
the levy of taxes affecting proposed Evanston Special Service Area No. 4 and the Agreement; and will be given an opportunity to
file objections to the extension ---of Evanston Special Service Area
No. 4, the levy of taxes affecting Evanston Special Service Area
No. 4 and the Agreement. 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. 4 and by at least 510 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
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• the public hearing objecting to the extension of Evanston
Special Service Area No. 4 or the levy or imposition of a tax for
the provision of Services to Evanston Special Service Area No. 4,
no such area may be created and no such tax may be levied or
imposed.
Dated this 41.7� day of /���-2�c ZL1 1992.
-7 ter. r
City Clerk
SECTION 5: Effective Date: 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\�„ti7/LIiGLII�Z�. 1a717
Adopted: , 6-4-Z
C/
ATTES
City Clerk
App ovftAITI)
farm:
Corporation ounsel
•
, 1992
0
1992
Approved: %��� 2- 1992
Mayor pro tem
C
•
0
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
east of the Third Principal Meridian, bounded and described as
follows:
Beginning at the point of intersection of the center line of
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
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
point in the east line of lot 3 in aforesaid block 62; thence
southerly along the east line of aforesaid lot 3 to a point on
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
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
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_pf 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
thy, 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
paid 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
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
said center line of 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 a point on the
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
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).
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