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HomeMy WebLinkAboutT1-78 Ordinance No. T1-78 AN ORDINANCE PROPOSING ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE CITY OF ELGIN AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH WHEREAS, special service areas may be established pursuant to Article VII, Section 6L of the Constitution of the State of Illinois which provides as follows "The General Assembly may not deny or limit the power of home rule units (1) to make local improvements by special assessment and to exercise this power jointly with other counties and municipalities, and other classes of units of local government having this power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local govern- ment or (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services." and WHEREAS, special service areas may be established pursuant to an Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non- home rule units and counties and pursuant to the Revenue Act of 1939. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS° Section 1. That it is in the public interest that the creation of the area hereinafter described as a special service area for the purposes set forth herein be considered. Section 2. That said area is compact and contiguous and constitutes a residential district of the City of Elgin. Section 3. That said area is classified under the zoning ordinance of the City of Elgin for residential purposes and will benefit specially from the municipal services proposed to be provided and thatsuch services are unique and in addition to those municipal services provided to the City of Elgin as a whole and it is, therefore, in the best interests of the City of Elgin that the levy of special taxes against said area for the services proposed to be provided be considered. Section 4. That a public hearing shall be held on the 19th day of July, 1978 in the Council Chambers of the Municipal Building, 150 Dexter Court, Elgin, Illinois, to consider the creation of Special Service Area Number 3 of the City of Elgin, in the territory described in the notice set forth in Section 5 of this ordinance. At the hearing, there shall be considered a levy of an annual tax of not to exceed an annual rate of $2.08 per $100.00 of assessed evaluation, as equalized, of property located in the proposed special service area. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Revenue Act of 1939. Section 5. Notice of hearing of the public hearing described in Section 4 of this ordinance shall be published at least once not less than fifteen (15) fh- days prior to a public hearing in the Daily Courier-News, a newspaper of general circulation in the City of Elgin. In addition, notice by mailing shall be given by depositing a copy of said notice in the U.S. mails 111) addressed to the person or persons whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed Special Service Area. 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, 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 ELGIN SPECIAL SERVICE AREA NUMBER THREE NOTICE IS HEREBY GIVEN that on July 19, 1978, at 8:00 P.M. in the Council Chambers of the Municipal Building, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the corporate authorities of the City of Elgin to consider forming a special service area consisting of the following described territory: That part of the Northeast Quarter of Section 11, Township 41 North Range 8 East of the Third Principal Meridian described as follows: Beginning at the intersection of the centerline of Slade Avenue with the Easterly right-of-way line of the Chicago and North- western Railroad; thence in a Northeasterly direction, along said Easterly right-of-way line, for a distance of 1321.3 feet more or 47) less, to the West line of Lovell's Grove 2nd Addition; thence South along said West line 1207.7 feet, more or less, to the centerline of Slade Avenue; thence in a Westerly direction, along said center- line, for a distance of 575.8 feet to the centerline of North Grove Avenue; thence Northerly along said centerline of North Grove Avenue for a distance of 198 feet to the centerline of Slade Avenue; thence Westerly along the centerline of Slade Avenue for a distance of 288.9 feet, more or less, to the Place of Beginning. Being situated in the City of Elgin, Kane County, Illinois. The project consists of the installation of a system of ornamental street lights, either with metal or concrete poles. This system is to serve North Grove Avenue between Slade Avenue (East) and Slade Avenue (West) , River Bluff Road between Slade Avenue (West) and the east-west section of River Bluff Road one block west of Douglas Avenue and Brook Street between Slade Avenue (East) and River Bluff Road. The above referenced area is recorded in the Recorder's office of Kane County, Illinois as Home in the Woods Subdivision. All interested persons affected by the formation of proposed City of Elgin Special Service Area Number 3 will be given an opportunity to be heard regarding the formation of and the boundaries of the special service area herein proposed and may object to the formation of the area and the levy of taxes affecting said area. The purpose of the formation of City of Elgin Special Service Area Number 3 in general, is to install a system of ornamental street lights mounted on metal or concrete poles. It is proposed that the cost of said system which is estimated to be approximately fifty-five thousand dollars ($55,000) shall be paid by the City of Elgin on behalf of the proposed special service area, The cost of the project is proposed to be repaid with interest at the rate of seven percent on the unpaid balance by the levy and collection of an annual tax for a period of five years following completion of the project, at a rate not to exceed $2.08 per $100.00 of assessed valuation imposed on all taxable property within the district. A special tax will be considered at the public hearing not to exceed an annual rate of $2.08 per $100.00 of assessed evaluation, as equalized, to be levied against the property included in the special service area to repay its loan made to the property owners. At the hearing, all persons affected will be given an opportunity to be heard. The hearing may be adjourned by the corporate authorities without further notice to another date by motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. In the event that a petition signed by at least 51% of the electors residing within the special service area and by at least 51% of the owners of record of the land included within the boundaries of the proposed special service area is filed with the City Clerk within 60 days following the final adjournment of the public hearing objecting to the creation of the special service district or the levy of imposition of the tax proposed, the district may not be created and the tax may not be levied or imposed as proposed. Dated this 28th day of June , 1978. s/ Marie Yearman City Clerk Section 6. That this ordinance shall be in full force and effect from and after its adoption and approval as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 28 1978 Passed: June 28, 1978 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r