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HomeMy WebLinkAboutT22-04 t Orb' Ordinance No. T22-04 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE WATERFORD SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES 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 resolution be established as the Waterford Subdivision Special Service Area of the City of Elgin rik for the purposes described in this resolution (the "Special Service Area"); and WHEREAS, the approximate location of the proposed Special Service Area is 3101 Wa- ter Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this resolu- tion as Exhibit B. 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 be considered at a public hearing. 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. That a public hearing shall be held by the City Council of the City of Elgin on November 3, 2004, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of terri- tory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this resolution. 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 0.546 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establish- ing 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 $115,000.00 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 ordinance 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. Not- withstanding 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 prop- erty owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of El- gin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be 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. The notice of the public hearing shall substantially be in the following form: NOTICE OF HEARING CITY OF ELGIN WATERFORD SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on November 3, 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 estab- lishment of a Special Service Area consisting of territory legally described in Ex- hibit A which is attached to and incorporated by reference into this notice. The approximate location of the proposed Special Service Area is 3101 Water Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and in- corporated by reference into this notice as Exhibit B. 2 All interested persons affected by the proposed establishment of the Spe- cial Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment 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 re- construction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consult- ing services, surveying and permits, public liability insurance, and all administra- tive, 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 ex- ceed an annual rate of 0.546 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite pe- r riod of time from and after the date of the ordinance establishing the Special Ser- vice 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 $115,000.00 annually for the cost of the services described above. The City of El- gin, 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 pro- posed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners' or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, re- place or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsi- bilities. The hearing may be adjourned by the City Council of the City of Elgin 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 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 in- cluded within the boundaries of the proposed Special Service Area, is filed with 3 the City of Elgin City Clerk within sixty (60) days following the final adjourn- ment 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 13 of October, 2004. CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publi- cation in the manner provided by law. Ed Schock, Mayor Presented: October 13, 2004 Adopted: October 13, 2004 Vote: Yeas: 6 Nays: 0 Attest: _//4/A Dolonna Mecum, City Clerk 4 Exhibit A THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, THE SOUTHWEST QUARTER OF SECTION 20 OF THE TOWNSHIP AND RANGE AFORESAID, (EXCEPT- ING THE EAST 66 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 20 (AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF)) AND EXCEPTING THE PREMISES DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 38-3/4 DEGREES EAST 19.65 CHAINS; THENCE SOUTH 42-1/2 DEGREES WEST 18 CHAINS TO THE SECTION LINE; THENCE NORTH ALONG SAID SECTION LINE 28.53 CHAINS TO THE POINT OF BEGINNING; ALSO THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19 OF THE TOWNSHIP AND RANGE AFORESAID, DESCRIBED AS FOL- LOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUAR- TER; THENCE NORTH 25 MINUTES EAST ALONG THE EAST LINE OF SAID QUAR- TER 11.51 CHAINS; THENCE SOUTH 42-1/2 DEGREES WEST 10.83 CHAINS; THENCE SOUTH 64-1/2 DEGREES EAST 9.02 CHAINS TO THE POINT OF BEGINNING; ALSO THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 30 OF THE TOWNSHIP AND RANGE epik AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST COR- NER OF SAID SECTION 19, THENCE NORTH 64-1/2 DEGREES WEST 8 CHAINS; THENCE SOUTH 42-1/4 DEGREES WEST 2.70 CHAINS; THENCE SOUTH 50-1/2 DE- GREES EAST 11/76 CHAINS TO THE EAST LINE OF SAID SECTION 30; THENCE NORTH ALONG SAID EAST LINE 6.05 CHAINS ALL IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. 5