HomeMy WebLinkAboutRes 03-47 01/14/1947 1
R E S O L U T I O N N
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1 WHEREAS, there is a vast number of vacant lots and par —
' cels of land in this municipality that have been tax delinquent
' for many years last past, both as to general taxes and special
assessments levied and assessed against said real estate; and
WHEREAS, by reason of the said tax delinquency, the
owners of the various parcels of vacant property refuse or fail
to pay the current taxes against the respective parcels of vacant
real estate so that neither the county nor this municipality de—
rive any revenue therefrom; and
WHEREAS, in many instances, the amount of the tax de—
linquency is equal to, or in excess of, the fair cash market value]
of the vacant real estate so that the owners of the property have
little or no incentive to pay the taxes levied and assessed against
their respective properties; and
WHEREAS, by virtue of said tax delinquency the owners of
the aforesaid properties have not found it practical or feasible
l to build thereon, which results in a further loss of revenue to
the county and this municipality;: and
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WHEREAS, it is to the best interests of the county and
1 this municipality to secure revenue from the numerous parcels of
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1 vacant real estate that are now tax delinquent, to put said prop—
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erty upon a current paying basis, and to stimulate a building pro—
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gram that would benefit this municipality; and
WHEREAS, it has been determined by the Village of Mount
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1Prospect, by and through its President and Board of Trustees, that
voluntary and involuntary proceedings should be instituted for the
purpose of foreclosing the lien of the general taxes, special
assessments, and drainage benefit assessments on the vacant lots
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I and parcels of land in this municipality more particularly de—
scribed hereinafter, upon which there is a tax delinquency, so
that through this procedure these parcels of vacant property will
be cleared of their respective tax liens; and
WHEREAS, under this procedure, the monies realized
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Treasurer of Cook County, Illinois, and distributed among the
various taxing bodies, including this municipality; and
WHEREAS, procedure in connection with said tax fore—
closure, in which this Village shall participate, may take the
form of either filing a counterclaim in any proceedings pending
to foreclose the lien of the general taxes against any of the
1 vacant real estate located within this municipality, under which
I counterclaim the lien of the special assessments outstanding on
said properties shall be foreclosed, or by filing an independent .
proceeding on behalf of this municipality to foreclose the lien
of the special assessments; and
WHEREAS, this municipality has retained the services of
CHARLES S. ELIAS and FRED W. KLOMAN, attorneys, duly licensed to
practice law in the State of Illinois, as Special Counsel, to
act with the Village Attorney, to prosecute said tax and special
assessment foreclosure proceedings on behalf of this municipalit ,
all of which services are to be rendered without any cost or
charge to this municipality.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the President
and Board of Trustees of the Village of Mount Prospect, that the
Village of Mount Prospect does hereby retain CHARLES S. ELIAS
and FRED W. KLOMAN, as its attorneys, for the purpose of investi
gating, without expense to the Village, the delinquent tax
situation on the various parcels of vacant real estate herein—
after described, and located in this municipality, and to make a
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i I request upon the County Board of Cook County, Illinois, to
institute an involuntary general tax foreclosure against the
vacant lots hereinafter described in Schedule A, said Schedule A
being attached hereto and made a part hereof, within the Village
of Mount Prospect, with a further request that the said Village
of Mount Prospect be made a party to said suit and that the
Village Attorney, be authorized to file in said proceedings a
counterclaim on behalf of the Village of Mount Prospect praying
for the foreclosure of its special assessment lien against the
property mentioned in said general tax foreclosure upon which
there are unpaid and delinquent special assessments and drainage
benefit assessments.
BE IT FURTHER RESOLVED, that the Village Attorney is
hereby authorized to file and prosecute to completion, in accord—
ance with the laws of the State of Illinois and the practice in
I such cases, an independent and original complaint on behalf of
the Village of Mount Prospect to foreclose the lien of the
I special assessments and drainage benefit assessments levied and
assessed against all vacant property described in Schedule A
hereinafter attached, as may be found to be delinquent.
BE IT FURTHER RESOLVED that the said CHART,F,S S. ELIAS
1 and FRED W. KLOMAN, as attorneys aforesaid, be and they are here —
I by authorized, without expense to the Village, to make such
search and investigations of the various records to determine
which vacant properties are tax delinquent as described in
Schedule A hereinafter attached.
BE IT FURTHER RESOLVED that parties interested in
'vacant property which is the subject matter of special assessment
foreclosure proceedings, drainage benefit assessments, and gen—
eral tax foreclosure proceedings as set forth in Schedule A
hereinafter attached, may request the services of CHARLES B.
1 ELIAS and FRED W. KLOMAN to liquidate such liens, together with
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parties who are not interested in the parcels or vacant lots de
scribed in Schedule A attached hereto, but who may be interested
in other vacant lots or parcels of land within the Village of
Mount Prospect which are not described in Schedule A attached
hereto, but who also wish to request the services or CHARLES S.
1 ELIAS and FRED 1. KLOMAN in connection with voluntary tax fore-
1 closure proceedings both as to general tax liens, special assess-
ment tax liens, and drainage benefit assessments against their
vacant property or either of them, namely, general tax liens
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only and special assessments or drainage benefit assessment liens
only, may request the services of CHARLES E ELIAS and FRED W.
KLOMAN to represent them in these or other proceedings;
THAT all such services be rendered by CHARLES S. ELIAS
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and FRED W. KLOMAN hereunder shall be without cost, charges, or
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fees or expenses of any kind to this municipality, but
THAT CHARLES S. ELIAS and FRED W. KLOMAN shall be en-
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titled to represent any such interested parties and to receive
and retain fees from them in connection with any such proceed-
ings.
BE IT FURTHER RESOLVED that it is recognized that the
said CHARLES S. ELIAS and FRED W. KLOMAN will spend considerable
time, effort, and expense in connection with the investigation
of the tax delinquency against the vacant property within this
municipality in connection with the filing and prosecution of
1 proceedings contemplated in this resolution.
BE IT FURTHER RESOLVED. that their term of employment
hereunder shall be for a period of three (3) years from date
1 hereof, excepting, however, that if foreclosure proceedings
involving at least four hundred (400) parcels of vacant real
estate are not filed in a court of record within twelve (12)
months from the passage of this resolution, then and in that
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event, said employment shall, at the option of the Board, cease
and determine, and be of no further effect.
BE IT FURTHER RESOLVED that a certified copy of
this resolution be transmitted to the County Board of Cook
I County, Illinois, and stand as the request of the Village of
I Mount Prospect that the County Board cause to be instituted
voluntary and involuntary tax foreclosure proceedings as above
set forth.
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SCHEDULE "A"
All vacant delinquent lots in Centralwood Subdivision of the
following described lands: Beginning at the Southeast corner of
the West half of the Southeast Quarter of Section 33, Township
42 North, Range 11, East of the Third Principal Meridian; thence
West along the South line of said Section 33, a distance of 14.82
chains; thence North along a line parallel to the East line of
the West half of the Southeast quarter of said Section 33, to the
Southerly line of the right of way of the C. & N. We R. R.;
thence Southeasterly along said right of way line to the East
line of the West half of the Southeast quarter of said Section 33;
thence South along the last mentioned line to the place of begin-
ning (to include all that portion of the Subdivision lying South
of the Railroad, aggregating approximately 131 vacant lots).
All vacant delinquent lots in the West half of Block 17 and
all of Blocks 10, 11, 12, 13, 14, 15, 18, 19 and 20 in Prospect
Manor Subdivision.
Lots 16 thru 37 inclusive in Block, in Waldemar Krause's
Audition in the West half of the Northwest quarter of Section
12, Township 41 North, Range 11, East of the Third Principal
Meridian. These lots are vacant.
Lots 1 to 11 inclusive in Block 1 and Lots 1 to 11 inclu-
sive in Block 2 in Prospect Highlands in the East half of the
North 60 rods of the Southwest Quarter of Section 12, Township
41 North, Range 11, last of the Third Principal Meridian. These
lots are vacant.
All vacant delinquent lots in Blocks 6, 7 and 8 in Meier's
Addition to Mount Prospect.
All vacant delinquent lots in Blocks 8, 9, 19 and 21 in
Busses Eastern Subdivision.
All vacant delinquent lots in Block 20 of Mount Prospect
i Subdivision "D".
All vacant delinquent lots in Morningside Gardens Subdivision.
All vacant delinquent lots in Block 7 in Busse and Mlle's
Subdivision.