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HomeMy WebLinkAboutT24-04 (2) 22t2141-G 1 5538 1 State of Illinois ) SANDY MEGNAN County of Kane) ss KANERDER COUNTY, IL City of Elgin ) RECORDED ON 12/03/2004 09:59AM REC FEE: 31.00 PAGES: 10 CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal �� thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. T24-04 AN ORDINANCE ESTABLISHING THE WATERFORD SUBDIVISION 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 passed by the Elgin City Council at its legally convened meeting held on December 1, 2004. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this December 2, 2004. City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum c\,; Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 \ � Ordinance No. T24-04 AN ORDINANCE ESTABLISHING THE WATERFORD SUBDIVISION 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 Waterford Subdivision 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. T22-04, entitled "A Resolution Propos- ing the Establishment of the Waterford Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Procedures Relating to the Establishment of a Special Service 2 Area," that Ordinance having been duly passed on October 13, 2004, and was considered at a public hearing 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 the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the "Hear- ing"); 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 B; 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 October 25, 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 incorpo- rated into this ordinance as Exhibit C. The notice of Hearing was addressed to the person or per- sons 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 Novem- ber 3, 2004 at 7:45 p.m. 2 ) Section 3. Establishment of the Special Service Area. The Waterford 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 A which is attached to and incorporated into this ordi- nance by reference. The Waterford Special Service Area consists of approximately 227 acres ly- ing west of Randall Road and North of Water Road in the City of Elgin. An accurate map of the Waterford 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 Waterford Special Service Area is to provide services including the operation, mainte- nance, 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 adminis- trative, legal and other costs or expenses incurred in connection therewith and with the admini- stration of the Waterford Special Service Area, including the repayment of any loan or debt in- curred for the provision of such services. All of the services described in this section shall be in and for the Waterford Special Service Area and all of the described construction and improve- ments 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 addition 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 Water- ford Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Water- ford Special Service Area in an amount not to exceed an annual rate of 0.546 [E.g., ten one- hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized 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). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Waterford Special Service Area shall remain abeyant and shall take effect only in the event the Waterford Homeowner's Association fails to maintain, repair, replace or pay for the improvements described 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 Waterford Special Service Area and initially thereafter, the tax levies are intended to produce approximately$115,000.00 annually for the cost of the ser- vices described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordi- nance 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 Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. 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. 3 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. s/Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Passed: December 1, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: s/Dolonna Mecum 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 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. NOTICE OF HEARING TOWNSHIP AND RANGE Special Service Area. sary and are provided by CITY OF ELGIN AFORESAID , the City of Elgin. ee N WATERFORD SPECIAL DESCRIBED AS FOL- The purpose for establish- Notwithstanding the fore- �u`seri \,`�'• ♦ V SERVICE AREA LOWS: COMMENCING ing the Special Service going, takes shall not be Certificate of Publication in AT THE SOUTHEAST Area is provide services levied hereunder and the CORNER OF SAID including the operation, proposed Special Service NOTICE IS HEREBY SOUTHEAST QUARTER; maintenance,repair,reha- Area shall remain abeyant GIVEN that on November THENCE NORTH 25 MIN- bilitation,replacement and and shall take effect only STATE OF ILLINOIS 3,2004,at 7:00 p.m.in the UTES EAST ALONG THE reconstruction of any site in the event the homeown- COUNTY OF KANE City Council Chambers of EAST LINE OF SAID runoff storage area, ers' or other property ,S Elgin City Hall,150 Dexter QUARTER 11.51 drainageway,ditch,Swale, owner association respon- a Court, Elgin, Illinois, a CHAINS; THENCE storm sewer, or other sible for the property with- FOX VALLEY PUBLICATIONS,DOES HEREBY CERTIFY: hearing will be held by the SOUTH 42-1/2 DEGREES stormwater facility; costs in the proposed Special That it is a corporation duly organized and existing under the laws of the State of Illinois; City Council of the City of WEST 10.83 CHAINS; of design,engineering and Service Area fails to main- Elgin to consider the THENCE SOUTH 64-1/2 other consulting services, talo,repair,replace or pay That it is the publisher of The Courier News,a secular daily newspaper published in the City establishment of a Special DEGREES EAST 9.02 surveying and permits, for the improvements Service Area consisting of CHAINS TO THE POINT public liability insurance, described above and/or of Elgin,in Kane County,Illinois,and of general circulation in said City, County and State; and in territory legally described OF BEGINNING; and all administrative, any related costs for those McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that 1 as follows: legal and other costs or improvements, so as to ALSO expenses incurred in con- require the City of Elgin to it is a newspaper as defined in "An Act to Revise the Law in Relation to Notices"—Al. Revised nection therewith and with assume those responsibili- Statutes,Chap. 100,Sections 1,5 and 10. - THAT PART OF THE the administration of the ties.The hearing may be SOUTHEAST QUARTER Special Service Area, adjourned by the City That a notice of which the annexed is a true copy has been regularly published in said kf OF SECTION 19 AND including the repayment of Council of the City of Elgin _ ,y,: 1 THAT PART OF THE .any loan or debt Incurred to another data without fur-Fi u 'vM,' NORTHEAST QUARTER for the provision of such then notice other than a newspaper O��. time(s) each for ,.';' OF SECTION 30 OF THE services.All the described motion to be entered upon ), TOWNSHIP AND RANGE services described are the minutes of its meeting successive ;that the '_ ._ A F 0 R E S A I D , unique and in addition to fixing the time and place of �/Ste ' �j O`7 :~. , - - DESCRIBED AS FOL- services generally provid- its adjournment. first publication of said notice was on the — day ofaro ,20 E I ;, LOWS: COMMENCING ed-by the City of Elgin. = AT THE SOUTHEAST if a petition objecting to the and the last publication thereof was on the day of ,20 r .. '-', CORNER OF SAID SEC- At t he hearing,all persons establishment of the pro- -- --• TION 19, THENCE affected will be provided posed Special Service that the face of type in which each publication of said notice was printed was the same as the bodyal THE WEST HALF OF THE NORTH 64-1/2 DEGREES with an opportunity to be Area, the tax levy, or the of type used in the classified advertising in the newspaper in which said publication was made; SOUTHEAST QUARTER WEST 8 CHAINS; heard. At the hearing, a imposition of a tax for the -P OF SECTION 20,TOWN- THENCE SOUTH 42-1/4 tax levy for the Special provision of special servic- That said The Courier News has been regularly published in said City, County and State .� SHIP 41 NORTH,RANGE DEGREES WEST 2.70 Service will be considered. es to the proposed Special S EAST OF THE THIRD CHAINS; THENCE The proposed annual tax Service Area that has for at least one year prior to the first publication of said notice. I. PRINCIPAL MERIDIAN, SOUTH 50-1/2 DEGREES levy for the Special been signed by at least .1 THE SOUTHWEST EAST 11/76 CHAINS TO Service Area is in an fifty-one percent(51%)of QUARTER OF SECTION THE EAST LINE OF SAID amount not to exceed an the electors residing within In WITNESS WHEREOF, said Fox Valley Publications, publisher as aforesaid, has w 20 OF THE TOWNSHIP SECTION 30; THENCE annual rate of 0.546 of the the proposed Special executed this Certificate of blication by its Officer or Agent thereunto duly authorized this AND RANGE AFORE- NORTH ALONG SAID equalized assessed value Service Area, and by at SAID, (EXCEPTING THE EAST UNE 6.05 CHAINS of the property within the least fifty-one percent c21 ill`' day of. �--rolo.e . . ,20 6.7 EAST 66 FEET OF THE ALL IN THE TOWNSHIP proposed Special Service (51%) of the owners of WEST HALF OF THE OF ELGIN, . COUN- Area andthe tax will be record the land included FOX V Y PUBLICATj(�N SOUTHWEST QUARTER TY,ILLINOIS.OISlevied for an indefinite within the boundaries of OF SECTION 20 (AS period of time from and the proposed Special • MEASURED AT RIGHT The approximate location after the date of the ordi- Service Area,is filed with By ANGLES TO THE EAST of the proposed Special nance establishing the the City of Elgin City Clerk l`�Q � t LINE THEREOF)) AND Service Area is 3101 Special Service Area. within sixty (60) days fol- y. . , .1.2.417.1!, , , • , , , , - , EXCEPTING THE Water Road in the City of These taxes shall be in lowing the final adjourn- �( PREMISES DESCRIBED Elgin, Kane County, addition to all other taxes ment of the public hearing Printer's Fee$�� ' 3° Paid ,20 AS FOLLOWS: COM- Illinois. An accurate map permitted by law and,shall regarding the establish- ; MENCING AT THE depicting the location of be levied pursuant to the ment of the proposed NORTHWEST CORNER the proposed Special provisions of the Property Special Service Area, no / Ole � j DF SAID SOUTHWEST Service Area is attached Tax Code(35 ILCS 200/1- such Special Service Area NO / 3 Folio O� `�/`f QUARTER; THENCE to and incorporated by ref- 1 et seq).The tax levies may be established nor .1 ///3 7a SOUTH 38-3/4 DEGREES ererce into this notice as are intended to produce any tax levied or imposed. r7 6 EAST 19.65 CHAINS; Exhibit B. approximately THENCE SOUTH 42-1/2 $115,000.00 annually for .v 'rill— DEGREES WEST 18 All interested persons the cost of the services18th AA' 1CIAL SEAL Datedob this day of B�!V l V G. BRAUN CHAINS TO THE SEC- affected by the proposed described above.The City October,2004. V TION LINE; THENCE establishment of the of Elgin, hh?waver, may NOTARY PUBLIC,STATE OF ILLINOIS NORTH ALONG SAID Special Service Area will annually levy up to the SECTION UNE 28.53 be provided with an oppor- maximum rate specified in My Commission Expires AprIl 6,2006 CHAINS TO THE POINT _ tunny to be heard on that the ordinance establishing CITY CLERK • OF BEGINNING; ALSO issue and may object to the Special Service Area THAT PART OF THE the establishment of the for the cost of the services SOUTHEAST QUARTER Special Service Area.and described above as said 111n7on Exhibit C NOTICE OF HEARING CITY OF ELGIN WATERFORD SPECIAL SERVICE AREA NOTICE IS HEREBY GIVEN that on November 3, 2004, at 7:00 p.m. in the City Coun- cil 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 consist- ing of territory legally described as follows: 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 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. 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 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 0.546 of the equal- ized 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 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 $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. 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 Ser- vice 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 re- cord of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin 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 18th day of October, 2004. s/ Dolonna Mecum CITY CLERK C Exhibit D •.. �.. ��Irr ►*1 cx�u-1- :, ���•. 4�tt''i,� �tt.Ii. 141lili*t aldi,f iIt•i ► !► fill u I y.; ^�:.. /III.a.I'*,1` . rippitri::::Ihr1<I: iii •rtealIHIV 4.04.gro air ito riff II, k*y� rut:p, f...t.... ,r\.( A .. ursa t APWAt ' ---'' '' \4i. Pow.. .,411104,, lb . r*♦ a4Mho r. ♦ SII , ,...„„.1 1 ...br #111410 IP 4- i i "... ,if mmilimi 411111111 ow_AN._ MA. / 8 c� Irigir .41 mill"*A 41F tir 04 i— 011 • iiw A �r M1 ��. IL **1 flik �II 01 en.� wilrlt0 a ir io es; WSWdi IIII OD Wm i�`iSubject Property 1111 _ pplill"...P- Egt.::\4:4\ - - 0. ./ =16,041,40 r.....:01..0 1111.�III���- Ati,. 46.,&'..,-. ..% 1111r 1.41,1076 '11111 il OP 44. 0, FVFI r41.0 : ii �1I lir NW Ar4 II III g. sit 233Ir =Es raga j � '6 111 amT i -1 W WI ra .P11,4 10° ? !;:! , \ . ,..lak Location Map SSA Map Waterford N N City of Elgin ® 0 ® NO Department of Community Development ) J KANE COUNTY CLERK TAX EXTENSION DEPARTMENT FILING RECEIPT 630/232- 965 DATE: < t / /or UNIT OF GOVERNMENT: .0v., PERSON HUNG: /" / • Rece': f the following named item(s)is hereby acknowledged: fi 2 3 —0 / C S Pr ....._,„_,,,_ ...,-- ,op,' ai 40, -/_ 46 a A _ t ��' , / / / / I. It ,' // ' Ar # 4,0", ‘ / ir # / /// 4 / By idaioefra474.DEPUTY CLERK KANE COUNT Al OF 6.4 c, Agenda Item No. City of Elgin October 26, 2004 TO: Mayor and Members of the City Council FROM: David Dorgan, City Manager Lauren Pruss, Senior Planner SUBJECT: Public Hearing Regarding the Establishment of a"Back-Up" Special Service Area Waterford Subdivision PURPOSE Public Hearing Regarding the Establishment of the Waterford Subdivision Special Service Area in the City of Elgin. RECOMMENDATION It is recommended that the City Council open the public hearing for the Waterford Special Service Area. BACKGROUND As required by the City's stormwater management ordinance, the City is required to establish a "back-up" special service area for the maintenance of stormwater control facilities, unless the maintenance responsibility for the stormwater drainage system will be accepted by the city. The purpose of the special service area is to provide for the long term maintenance of the facilities or as a backup vehicle in the event the party designated as having primary maintenance responsibility fails to adequately carry out its duties. City Staff have estimated the maximum anticipated annual maintenance cost for the stormwater management facilities in the development at $115,000.00. The SSA Tax Law requires the city to make a good faith estimate of the tax rate required to produce a tax to be levied upon all the taxable property within the proposed special service area that is sufficient to cover the expected long-term maintenance costs of the facilities. The proposed annual tax levy necessary to cover the annual maintenance costs has been determined to be 0.546 of the equalized assessed value of the property within the proposed special service area. Theregulations for SSAs require a public hearing and a 60 day waiting period to allow any interested person to file written objections to the proposed SSA with the city clerk and to be heard orally at the hearing.