HomeMy WebLinkAboutT19-04 Ordinance No. T19-04
AN ORDINANCE
ESTABLISHING THE
PRINCETON WEST STORMWATER MANAGEMENT
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS
AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF
PAYING THE COST OF PROVIDING SPECIAL SERVICES
IN AND FOR SUCH AREA
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its gov-
ernment and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(1) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, it is in the public interest that the area legally described in Exhibit A to this
ordinance be established as the Princeton West Stormwater Management Special Service Area of
the City of Elgin for the purposes described in this ordinance (the "Special Service Area"); and
WHEREAS, the Special Service Area is compact and contiguous and entirely located
within the boundaries of the City; and
WHEREAS, the Special Service Area will benefit specially from the municipal services
to be provided by the City and that said municipal services are unique and in addition to munici-
pal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of
the Special Service Area and the City of Elgin as whole that special taxes be levied against the
Special Service Area for the services to be provided; and
WHEREAS, the cost of the City providing the services shall be paid by the levy of a di-
rect annual ad valorem tax upon all taxable property within the Special Service Area; and
WHEREAS, said direct annual tax shall be levied upon all taxable property within the
Special Service Area for an indefinite period of time commencing during and in the years subse-
quent to the date of this ordinance and shall be in addition to all other taxes permitted by law and
shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, the establishment of the Special Service Area was proposed by the City
Council of the City of Elgin pursuant to Ordinance No. T2-04, entitled"An Ordinance Proposing
fir• the Establishment of the Princeton West Stormwater Management Special Service Area in the
City of Elgin and Providing for a Public Hearing and Other Procedures Relating to the Estab-
lishment of a Special Service Area," that ordinance having been duly passed on March 31, 2004,
and was considered at a public hearing held by the City Council of the City of Elgin on April 28,
2004 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin,
Illinois (the"Hearing"); and
WHEREAS, the notice of the Hearing was given by publication at least once not less than
fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in
the City, a copy of that notice being attached to and incorporated into this ordinance as Ex-
hibit A; and
WHEREAS, the notice of the Hearing was also provided by mail, said notice being de-
posited in the U.S. Mail on or before April 8, 2004, that date being not less than ten (10) days
prior to the time set for the Hearing. A copy of that notice being attached to and incorporated
into this ordinance as Exhibit B. The notice of Hearing was 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 Special Service Area, and in the event taxes for the last preceding
year were not paid, the notice of the Hearing was sent to the person or persons last listed on the
tax rolls prior to that year as the owner or owners of said property; and
WHEREAS, the notice of Hearing complied with all applicable provisions and require-
ments of the Act; and
WHEREAS, all interested persons affected by the establishment of the Special Service
Area or the tax levy to pay the cost of providing the services, including all owners of real estate
located within the Special Service Area, were given an opportunity to be heard at the Hearing
regarding the establishment of the Special Service Area and its associated tax levy and an oppor-
tunity to file objections to the establishment of the Special Service Area or the tax levy; and
WHEREAS, at the Hearing, all interested persons affected by the Special Service Area
were permitted to file with the City Clerk of the City of Elgin written objections to and to be
heard orally in respect to any issue embodied in the notice given of the Hearing; and
WHEREAS, the City Council of the City of Elgin has determined and does hereby de-
termine that it is in the public interest and in the interest of the City of Elgin and the Special Ser-
vice Area that the Special Service Area be established;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illi-
nois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incor-
porated into this text as if set out herein in full.
Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on April 28,
2004 at approximately 7:20 p.m.
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Section 3. Establishment of the Special Service Area. The Princeton West Stormwater
Management Special Service Area of the City of Elgin is hereby established in and for the City
of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and
incorporated into this ordinance by reference. The Princeton West Stormwater Management Spe-
cial Service Area consists of approximately 58 acres at the northeast corner of Toastmaster Drive
and Shoe Factory Road in the City of Elgin. An accurate map of the Princeton West Stormwater
Management Special Service Area is attached to and made part of this ordinance as Exhibit D.
Section 4. Purpose for Establishing the Special Service Area. The purpose for establish-
ing the Princeton West Stormwater Management Special Service Area is to provide services in-
cluding the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any
site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility;
costs of design, engineering and other consulting services, surveying and permits, public liability
insurance, and all administrative, legal and other costs or expenses incurred in connection
therewith and with the administration of the Princeton West Stormwater Management Special
Service Area, including the repayment of any loan or debt incurred for the provision of such ser-
vices. All of the services described in this section shall be in and for the Princeton West Storm-
water Management Special Service Area and all of the described construction and improvements
shall be on property in which the City will obtain an interest sufficient for the provision of the
services described in this section. All the services described in this section are unique and in ad-
dition to services generally provided by the City.
Section 5. Tax Levy. The cost of the services described in Section 4 of this ordinance
shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Princeton
West Stormwater Management Special Service Area for an indefinite period of time commenc-
ing during and in the years subsequent to the date of this ordinance. Annual taxes shall be as-
sessed and levied for the Princeton West Stormwater Management Special Service Area in an
amount not to exceed an annual rate of.143 percent (being 14.3 cents per 100 dollars) of equal-
ized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by
law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwith-
standing the foregoing, taxes shall not be levied hereunder and the Princeton West Stormwater
Management Special Service Area shall remain abeyant and shall take effect only in the event
the Princeton West Phase 1 and 2 Homeowners Association and Princeton West Phase 1 and 2
Condominium Association fails to maintain, repair, replace or pay for the improvements de-
scribed in Section 4 of this ordinance and/or any related costs for those improvements, so as to
require the City to assume those responsibilities. During the years of development in the Prince-
ton West Stormwater Management Special Service Area and initially thereafter, the tax levies are
intended to produce approximately fifteen thousand and no/100 dollars ($15,000.00) annually for
the cost of the services described in Section 4 of this ordinance. The City, however, may annu-
ally levy up to the maximum rate specified herein for the cost of the services described in Sec-
tion 4 of this ordinance as said services become necessary and are provided by the City.
Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordi-
nance, including its exhibits, in the office of the Cook County Clerk and in the office of the Cook
County Recorder of Deeds following its passage and approval.
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Section 7. Severability. If any provision of this ordinance or its application to any person
or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of
the ordinance as a whole or of any portion not adjudged invalid.
Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance be and are hereby repealed.
Section 9. Effective Date. This ordinance shall be in full force and effect upon its passage
and publication in the manner provided by law.
Ed Schock, Mayor
Presented: October 13, 2004
Passed: October 13, 2004
Vote: Yeas: 6 Nays: 0
Recorded: October 14, 2004
Published:
Attest:
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Dolonna Mecum, City Clerk
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NOTICE OF HEARING
CITY OF ELGIN
PRINCETON WEST STORMWATER MANAGEMENT
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on April 28, 2004 at 7:00 p.m. in the City Council
Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois,a hearing will be held by the City
Council of the City of Elgin to consider the establishment of a Special Service Area consisting of
territory legally described in Exhibit A which is attached to and incorporated by reference into
this notice.
The approximate location of the proposed Special Service Area is the residential devel-
opment commonly known as "Princeton West" located at Toastmaster Drive and Shoe Factory
Road in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the
proposed Special Service Area is attached to and incorporated by reference into this notice as
Exhibit B.
All interested persons affected by the proposed establishment of the Special Service Area
will be provided with an opportunity to be heard on that issue and may object to the establish-
ment of the Special Service Area and the tax levy affecting that Special Service Area.
The purpose for establishing the Special Service Area is provide services including the
operation, maintenance,repair,rehabilitation, replacement and reconstruction of any site runoff
storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of de-
sign,engineering and other consulting services, surveying and permits,public liability insurance,
and all administrative, legal and other costs or expenses incurred in connection therewith and
with the administration of the Special Service Area, including the repayment of any loan or debt
incurred for the provision of such services.All the described services described are unique and in
addition to services generally provided by the City of Elgin.
At the hearing, all persons affected will be provided with an opportunity to be heard. At
the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy
for the Special Service Area is in an amount not to exceed an annual rate of.143 percent,being
14 cents per 100 dollars of the equalized assessed value of the property within the proposed Spe-.
cial Service Area, and the tax will be levied for an indefinite period of time from and after the
date of the ordinance establishing the Special Service Area.These taxes shall be in addition to all
other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax
Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately fifteen
thousand and no/100 dollars ($15,000.00) annually for the cost of the services described above.
The City of Elgin, however, may annually levy up to the maximum rate specified in the ordi-
nance establishing the Special Service Area for the cost of the services described above,as said
services become necessary and are provided by the City of Elgin.Notwithstanding the foregoing,
taxes shall not be.levied hereunder and the proposed.Special Service Area shall remain abeyant
and shall take effect only in the event the homeowners' or other property owner association re-
(0"' sponsible for the property within the proposed Special Service Area fails to maintain, repair, re-
EXHIBIT B
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place or pay for the improvements described above and/or any related costs for those improve-
meats, so as to require the City of Elgin to assume those responsibilities. The hearing may be
adjourned by the City Council of the City of Eight 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 ad-
journment.
If a petition objecting to the establishment of the proposed Special Service Area,the tax
levy, or the imposition of.a tax for the provision of special services to the proposed Special
Service Area that has been signed by at least fifty-one percent (51%) of the electors residing
within the proposed Special Service Area, and by at least fifty-one percent(51%) of the owners
of record of the land included within the boundaries of the proposed Special Service Area, is
filed with the City of Eight City Clerk within.sixty (60)days following the final adjournment of
the public hearing regarding the establishment of the proposed Special Service Area, no such
Special Service Area may be established nor any tax levied or imposed.
Dated this DAY of 40h/MONTh ,2004.
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)98-41 -V)C eZ.0 v--)
CITY CLERK
\/Ji,cgtit 1/1P -e Orialle-eVtli
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EXHIBIT B
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(e)
PRINCETON WEST STORMWATER MANAGEMENT
SPECIAL SERVICE AREA
• LEGAL DESCRIPTION
That part of the East Half of Fractional Section 6 and the Northeast Quarter of Fractional Section
7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows:
Beginning at the Southeast corner of Lot 2 in L. Curce Farni Subdivision in said Fractional
Section 7, recorded as.Document Number 16785517, said point also being on the North Right of
Way of Shoe Factory Road; thence South 89 degrees 58 minutes 21 seconds West along said
North line 283.57 feet; thence North 89 degrees 52 minutes 29 seconds West continuing along
said North line 562.81 feet to a point of curvature; thence West along the arc of a curve,convex
Southerly having a radius of 13172.16 feet, 5.00 feet to the East line of Toastmaster Drive
heretofore dedicated per Document R90-562719; thence North 03 degrees 22 minutes 05 East
seconds along said East line 2789.50 feet; thence South 89 degrees 54 minutes 56 seconds East
5.01 feet; thence North 03 degrees 22 minutes 05 seconds East 615.60 feet to the South line of
Northern Illinois Gas right of way per Document 17304926;thence North 89 degrees 52 minutes
37 seconds East along said Southern Line 640.25 feet to the East line of Lot 1 in said L. Curce
iff* Farm Subdivision; thence South 00 degrees 06 minutes 09 seconds East along said East Line
3401.70 feet to the place of beginning,containing 58.3509 acres more or less, in Cook County,
Illinois.
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EXHIBIT C
EXHIBIT D
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City of Elgin 400 0 400 800 Feet
Department of Community Development
A NOTICE OF HEARING
CITY OF ELGIlIT / I
CoTheuri PRINCETON WEST STO.RMWATER MANAGE- Certificate of Publication in erNe ws .
MENf
SPECIAL SERVICES AREA STATE OF ILLINOIS
- COUNTY OF KANE
NOTICE IS HEREBY GIVEN that on April 28,2004,.at 7:00 p.m.in the City
Council Chambers of Elgin City Hall,150 Dexter Court,Elgin,Illinois,a hearing will be FOX VALLEY PUBLICATIONS,DOES HEREBY CERTIFY:
hell by the City council of the City of Elgin to consider the establishment of a special That it is a corporation duly organized and existing under the laws of the State of Illinois;
Service Area consisting of territory legal described as: ,
That pert of the East Half of Fractional Section 6 and the Northeast quarter of Fractional That it is the publisher of The Courier News,a secular daily newspaper published in the City
Section 7,Township 41 North,Range 9 East of the Third Principal Meridian described as of Elgin, in Kane County, Illinois, and of general circulation in said City, County and State; and in
Follows: Beginning at the Southeast corner of Lot 2 in L Curce Farm Subdivision in said McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that
Fractional Section 7,recorded as Document Number 16785517,said point also being on the it is a newspaper as defined in "An Act to Revise the Law in Relation to Notices"—Ill. Revised
North Right of Way of Shoe Factory Road;thence South 89 degrees 58 minutes 21 seconds
West alone said North line,283.57 feet thence North 89 d Statutes,Chap. 100,Sections i,5 and 10.
Wed�� . egress 52 minutes 29 seconds
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umg along saidNorth line 562.81 feet to a point of curvature;thence West along
the arc of a carve,convex Southerly having a radius of 13172.16 feet,5.00 feet to the east
line of That a notice of which the annexed is a true copy has been regularly published in said
Toastmaster Drive heretofore dedicated per Document R90-562719;thence North 03
degrees 22 minutes OS East seconds along said East lime 2789;50 feet;thence South 89 newspaper O tU time(s) each for
degrees 54 minutes 56 seconds East 5.01 feet thence North 03 degrees 22 minutes 05 sec-
onds East 615.60 feet to the South line of Northern Illinois Gas right of way per Document
17304926;thence North 89 degrees 52 minutes 37 seconds East along said Southern line �- successive ;that the
64025 feet to the East Ime of Lot 1 in said L.Curce Farm Subdivision;Thence South 00 �]
degrees 06 minutes 09 seconds East along said East line 3401.70 feet to the place of begin-
ning, first publication of said notice was on the — day of. 14f? l ,20
containing 58.3509 acres more or less,in Cook County,Illinois.
and the last publication thereof was on the day of , 20 —'
that the face of type in which each publication of said notice was printed was the same as the body
s'.. t of tune used in the classified advertising in the newspaper in which said publication was made;
adjournment of the public hearing regarding the establishment of the proposed Special
Service Area,no such Special Service Area may be established nor any tax levied or
imposed-
DATED THIS 8111 DAY OF APRIL,2004
DOLONNAMECUM
C11Y CLERK
BY SUELLYN LOSCH,DEPUTY CLERK
if C-12293855 r'.
EXHIBIT A