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Home My WebLink AboutT19-05 Ordinance No. T19-05 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE EDGEWATER 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 government 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 Edgewater 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 2700 Bowes 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 resolution 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 municipal 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, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated 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 May 11, 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 territory rwk 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.667 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 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 $304,500.00 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. 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 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 Elgin. 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 EDGEWATER SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on May 11, 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 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 2700 Bowes 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 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 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 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 .667 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 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 $304,500 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. 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 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, 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 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 of , 2005. 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 publication in the manner provided by law. Ed Schock, Mayor Presented: April 13, 2005 Passed: April 13, 2005 Vote: Yeas: 6 Nays: 0 Recorded: April 14, 2005 Published: Attest: Dolonna Mecum, City Clerk r EXHIBIT A LEGAL DESCRIPTION FOR EDGEWATER SUBDIVISION THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE WESTERLY 260 FEET OF THE NORTHWEST QUARTER OF SECTION 28, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY TO WIT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINES OF BOWES ROAD AS DEDICATED BY DOCUMENT NO. 708600 WITH A LINE THAT IS 260.0 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 28; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 959.84 FEET; THENCE SOUTH 44 DEGREES 06 MINUTES 52 SECONDS WEST, 530.03 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 375.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF ELGIN, elik KANE COUNTY, ILLINOIS. TOGETHER WITH THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 66 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF AND EXCEPT THE WEST 84 FEET OF THE EAST 150 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THE SOUTH 100 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE THEREOF, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. TOGETHER WITH ALL THAT PART OF WATER ROAD AND BOWES ROAD RIGHTS- OF-WAY LYING SOUTH AND WEST OF THE ABOVE DESCRIBED PROPERTY. TOGETHER WITH THAT PART OF THE SOUTH HALF OF BOWES ROAD RIGHT-OF- WAY IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ADJACENT TO THE ABOVE DESCRIBED PROPERTY AND AS SHOWN HEREON. r • TOGETHER WITH THAT PART OF THE WEST HALF OF WATER ROAD RIGHT-OF- WAY IN THE EAST HALF OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ADJACENT TO THE ABOVE DESCRIBED PROPERTY AND AS SHOWN HEREON. (PROPERTY COMMONLY KNOWN AS 2700 BOWES ROAD, ELGIN, ILLINOIS). r r • * EXHIBIT B pr . w4iitc-k-0:.I..!Ls 1 my, 41slirtrir Aro ■ 2 Mr 1111 O'=`:" Alb. 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