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HomeMy WebLinkAboutORDINANCES-1987-046-O-87• • • &/22/87~ 46-0-67 AN ORDINANCE Establishing City of Evanston Special j Service Area No. 4 of the City of Evanston, Cook County, Illinois i BE IT ORDAINED by the City Council of the City of Evanston, Cook County, Illinois, in exercise of its home rule powers, as follows: SECTION 1: Findings. 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 and the power to incur debt. (B) The City, as a home rule unit, is authorized to establish special service areas to provide special services to certain areas within a municipality 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. seq. of the Illinois Revised Statutes. (C) It is in the public interest that a special service area (the "Evanston Special Service Area No. 4") be established in the territory described in Exhibit A, which is attached to and made 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. 4 will provide certain public services (the "Services") 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. (E) It is in the public interest that EVMARK, an Illinois not -for -profit corporation, participate in the implementation of Evanston Special Service Area No. 4, and that the City enter into an agreement with EVMARK (the "Implementing Agreement") to plan, implement and manage Evanston Special Service Area No. 4. 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. (F) The question of the establishment of Evanston Special -1- i 72-0-87 Service Area No. 4 is considered by the City pursuant to an ordinance entitled: "AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE CITY OF EVANSTON SPECIAL SERVICE AREA NO. 4 IN THE CITE' OF EVANSTON AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH," adopted May a_, 1987, and is considered pursuant to a hearing held on June 8, 1987, 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 respects to the requirements of Chapter 120, Paragraphs 1304 and 1305 of the Illinois Revised Statutes. ;(G) That a public hearing on the question set forth in the (i Notice was held on June 8, 1987. All interested persons 1; ; were given an opportunity to be heard on the g PP Y question of (I establishing Evanston Special Service Area No. 4 and that �I no one spoke in opposition to Evanston Special Service �i Area No. 4 and that no one requested that Evanston Special fi Service Area No. 4 not be established. 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 �i Service Area No. 4 and by at least fifty-one percent (51%) • I! 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 Iobjecting to the creation of Evanston Special Service Area No. 4, the levy of imposition of a tax for the provision of Services to the Territory, no such area may be created and no such tax may be levied or imposed. The public hearing was adjourned on June 8, 1987. } (H) That sixty (60) days have elapsed since the public hearing I to consider the establishment of Evanston Special Service Area No. 4 and that no petition was filed opposing the creation of the Evanston Special Service Area No. 4 i! pursuant to Chapter 120, Paragraph 1309 of the Illinois I i Revised Statutes. (I) The Services proposed to be provided in Evanston Special II Service Area No. 4 are unique and in addition to the I general municipal services provided to the City as a whole and will be for the common interests of and benefit !! specifially the Territory. (J) 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 j` a special tax against all property located within the iTerritory. • SECTION 2: The Evanston Special Service Area No. 4 Established. A special service ! -2- 72-0-8/ area to be mown and designated as "City of Evanston Special Service Area No. 4" is established for the purpose of providing i Services _o the Territory. i SECTION 3: Evanston Special Service Area No. 4 Term. Evanston Special Service Area No. • i 4 will automatically terminate upon the fifth anniversary date I of this Ordinance unless prior to such date the City Council i enacts an ordinance extending the duration of Special Service Area No. 4. i 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 .280 of the assessed value of property located within the Territory or $250,000. Said annual i� I tax will be levied for a maximum of 5 years from the date of ;( this Ordinance. Said tax is to be levied pursuant to the provisions of the Revenue Act of 1939 upon all taxable property i� within Evanston Special Service Area No. 4, as legally �I described, and said tax shall be in addition to any other !i �i annual tax presently levied by any taxing district within l; If Evanston Special Service Area No. 4. With respect to any tax i levied to pay for Evanston Special Service Area No. 4 not less than fifty percentage (500) of the proceeds of any tax so �f i levied shall be used to pay for those Services which will i, assist the promotion and advertisement of the Territory in li i order to attract businesses and consumers to the Territory. I lySECTION 5: Implementing Agreement. The City �j shall enter into the Implementation I I Agreement with EVMARK, and the City Manager of the City of i Evanston is hereby authorized and directed, in the name of the City, to execute and deliver the Implementing Agreement, and to do and perform such other acts and things as shall be • i necessary, convenient or proper to establish, implement and maintain Evanston Special Service Area No. 4. . x -3- I