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Home My WebLink AboutT25-04 • a Ordinance No. T25-04 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE COPPER SPRINGS 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 Copper Springs Subdivision Special Service Area of the City of Elgin for the purposes described in this resolution(the "Special Service Area"); and WHEREAS, the approximate location of the proposed Special Service Area is 3401 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 January 12, 2005, 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 0.60 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 $78,000.00 annually for the cost of the ser- vices 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 de- scribed above as said services become necessary and are provided by the City of Elgin. Notwith- standing 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, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being depos- ited 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 no- tice 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 COPPER SPRINGS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on January 12, 2005, 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 3401 Water Road in the City of Elgin, Kane County, Illinois. An accurate map 2 depicting the location of the proposed Special Service Area is attached to and in- corporated by reference into this notice as Exhibit B. 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 0.60 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite pe- 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 $78,000.00 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 ser- vices become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Ser- vice Area shall remain abeyant and shall take effect only in the event the home- owners' or other property 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 Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, 3 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 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 1st of December, 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. r Ed Schock, Mayor Presented: December 1, 2004 Passed: December 1, 2004 Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: Dolonna Mecum, City Clerk r 4 EXHIBIT A COPPER SPRINGS SUBDIVISION THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18 AND THAT PART OF SECTION 19 INTOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN ELGINTOWNSHIP, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS; COMMENCING AT THEPINCHED TOP IRON PIPE MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 19, PER DOCUMENT NO. 622758, RECORDED MARCH 21, 1949; THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19, HAVING A ILLINOIS EAST ZONE GRID BEARING OF NORTH 00 DEGREES 10 MINUTES 28 SECONDS WEST 268.12 FEET, ALONG SAID NORTH-SOUTH CENTERLINE, TO THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE FOLLOWING FOUR COURSES: NORTH 86 DEGREES 53 MINUTES 44 SECONDS WEST 457.21 FEET; NORTH 82 DECREES 58 MINUTES 16 SECONDS WEST 377.14 FEET; NORTH 80 DEGREES 46 MINUTES 52 SECONDS WEST 97.25 FEET; NORTH 73 DEGREES 11 MINUTES 19 SECONDS WEST 368.33 FEET; THENCE NORTH 03 DEGREES 15 MINUTES 56 SECONDS EAST (NORTH 02 DEGREES EAST RECORD) 1503.95 FEET TO A POINT ON THE CENTERLINE WATER ROAD; THENCE NORTH 73 DEGREES 37 MINUTES 51 SECONDS WEST (NORTH 73 DEGREES WEST RECORD) 63.15 FEET, ALONG SAID CENTERLINE TO A STEEL SPIKE; THENCE NORTH 35 DEGREES 27 MINUTES 57 SECONDS EAST (NORTH 35 DECREES EAST RECORD) 3369.30 FEET; THENCE NORTH 48 DEGREES 39 MINUTES 14 SECONDS WEST (NORTH 48 DEGREES 30 MINUTES WEST RECORD) 798.19 FEET (12.08 CHAINS RECORD); THENCE NORTH 40 DEGREES 32 MINUTES 40 SECONDS EAST (NORTH 41 DECREES EAST RECORD) 1348.97 FEET (19.82 CHAINS RECORD); THENCE SOUTH 49 DEGREES 07 MINUTES 25 SECONDS EAST (SOUTH 48 DEGREES 30 MINUTES EAST RECORD) 677.41 FEET (9.72 CHAINS RECORD); THENCE SOUTH 35 DECREES 46 MINUTES 16 SECONDS WEST (SOUTH 35 DEGREES WEST RECORD) 1338.38 FEET (20.35 CHAINS RECORD); THENCE SOUTH 50 DECREES 46 MINUTES 43 SECONDS EAST (SOUTH 50 DEGREES 45 MINUTES EAST RECORD) 779.20 FEET (11.60 CHAINS RECORD); THENCE SOUTH 00 DEGREES 07 MINUTES 50 SECONDS EAST (DUE SOUTH RECORD) 1607.80 FEET (24.28 CHAINS RECORD); THENCE SOUTII 89 DEGREES 53 MINUTES 59 SECONDS WEST (DUE WEST RECORD) 1318.70 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 38 SECONDS EAST (DUE SOUTH RECORD) 1207.81 FEET, TO A POINT ON THE CENTERLINE OF SAID WATER ROAD; THENCE NORTH 65 DEGREES 10 MINUTES 31 SECONDS WEST 2.48 FEET, TO A POINT ON THE SAID NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 00 DECREES 10 MINUTES 28 SECONDS EAST 1170.07 FEET, ALONG SA NORTH- SOUTH CENTERLINE, TO THE POINT OF BEGINNING, (EXCEPT THE FOLLOWING DESCRIBED PARCEL: THAT PART OF SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS; COMMENCING AT THE PINCHED TOP IRON PIPE MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 19, PER DOCUMENT NO. 622758, RECORDED MARCH 21, 1949; THENCE NORTHERLY ALONG THE NORTH- SOUTH CENTERLINE OF SAID SECTION 19, HAVING A ILLINOIS EAST ZONE GRID BEARING OF NORTH 00 DEGREES 10 MINUTES 28 SECONDS WEST ALONG SAID NORTH-SOUTH CENTERLINE 268.12 FEET TO THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE FOLLOWING FOUR COURSES: NORTH 86 DEGREES 53 MINUTES 44 SECONDS WEST 457.21 FEET; NORTH 82 DEGREES 58 MINUTES 16 SECONDS WEST 377.14 FEET; NORTH 80 DEGREES 46 MINUTES 52 SECONDS WEST 97.25 FEET; NORTH 73 DEGREES 11 MINUTES 19 SECONDS WEST 368.33 FEET; THENCE NORTH 03 DEGREES 15 MINUTES 56 SECONDS EAST 1470.07 FEET TO A LINE BEING 33.00 FEET SOUTHERLY FROM AND PARALLEL TO THE CENTERLINE WATER ROAD; THENCE SOUTH 73 DEGREES 37 MINUTES 51 SECONDS EAST ALONG A LINE 33.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTERLINE OF WATER ROAD 724.64 FEET; THENCE SOUTH 56 DEGREES 44 MINUTES 25 SECONDS EAST ALONG A LINE 33.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTERLINE OF WATER ROAD 574.99 FEET; THENCE SOUTH 65 DEGREES 10 MINUTES 31 SECONDS EAST ALONG A LINE 33.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTERLINE OF WATER ROAD 17.82 FEET TO A POINT ON THE SAID NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19, HAVING A ILLINOIS EAST ZONE GRID BEARING OF SOUTH 00 DEGREES 10 MINUTES 28 SECONDS EAST 1133.66 FEET TO THE PLACE OF BEGINNING) ALL IN KANE COUNTY, ILLINOIS. r EXHIBIT B 1111161/111r lAkykn ill , - 4. l r ■ 1 1ih1 11 r■r.v Er) mhhkoss■ INOnt■ 004 4 p 4ip "„ ia .—..'t 11.4 II■11_ ..!•�► i i 1 1'v Jil 0 r 1 ,, Subject ;.r-opea 46 III Ell pv ■ sin 41 Alillealt."411 4 ■iii procommirA 1 r _____I Ak.Z.,4*.4 eV W4r•Mir lko, - 41.Smirviralllitir.44 rpP ON IN ■01114 CA■ Ana" It . 11. 4,: ru pb for•• % 1141 �i,';: ► �� sI � riw4i_1__��.eiarias womf∎AteAlkti.0.411 i.► .* II L.__Lion Map SSA Map A Copper Springs N City of Elgin 600 0 600 Feet Department of Community Development