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HomeMy WebLinkAboutT20-05 0 P ° i �K0783 SANDY WEGMAN RECORDER KANE COUNTY, IL RECORDED ON State of Illinois ) 07/to1/2005 03:54PM County of Kane) ss REC FEE: 51.00 City of Elgin ) PAGES: 11 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. T20-05 AN ORDINANCE ESTABLISHING THE REMINGTON MEADOWS SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#8) 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 April 27, 2005. 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 May 16, 2005. 4141/1-t.-d0 /1/Vc_eLie - City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Ordinance No. T20-05 AN ORDINANCE ESTABLISHING THE REMINGTON MEADOWS SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#8) 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 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 ordinance be established as the Remington Meadows 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 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; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct 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 subsequent 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. T26-04, entitled "An Ordinance Proposing The Establishment Of The Remington Meadows Subdivision Special Service Area In The City Of Elgin And Providing For A Public Hearing And Other Related Procedures," that Ordinance having been duly passed on December 1, 2004, and was considered at a public hearing held by the City Council of the City of Elgin on January 26, 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 Exhibit B; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before January 16, 2005, 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 C. 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 requirements 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 opportunity 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 determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; 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. Final Adjournment of Hearing. The Hearing was finally adjourned on January 26, 2005 at 7:58 p.m. Section 3. Establishment of the Special Service Area. The Remington Meadows 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 2 this ordinance by reference. The Remington Meadows Special Service Area consists of approximately 46 acres lying South of Water Road and East of Nesler Road in the City of Elgin. An accurate map of the Remington Meadows 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 establishing the Remington Meadows Special Service Area is to 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 Remington Meadows Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Remington Meadows 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 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 Copper Springs 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 Copper Springs Special Service Area in an amount not to exceed an annual rate of four thousand seven hundred and thirty seven one-hundredths percent (.4737 percent, being 47.37 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 Remington Meadows Special Service Area shall remain abeyant and shall take effect only in the event the Remington Meadows 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 Remington Meadows Special Service Area and initially thereafter, the tax levies are intended to produce approximately $16,800.00 annually for the cost of the services 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 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 ordinance, 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 rikthe ordinance as a whole or of any portion not adjudged invalid. 3 0., 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: April 27, 2005 Passed: April 27, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 28, 2005 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 4 Exhibit A Remington Meadows Legal Description 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 eilk 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 AN ILLINOIS EAST ZONE GRID BEARING OF SOUTH 00 DEGREES 10 MINUTES 28 SECONDS EAST 1133.66 FEET TO THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS. 5 . a-auvu NOTICE OF HEARING CITY OF ELGIN EXHIBIT B REMINGTON MEADOWS SPECIAL SERVICES AREA COurierlNevvs ?of Publication in NOTICE IS HEREBY GIVEN that on January 26,2006 at 7:00 p.m.in the City Council Chambers of Elgin City 1381$160 Dexter Court,Elgin,Illinois,a hearing will,be held by the City Council of the City of Elgin to consid- er the establishment of a Special Service Area consisting of territory legally described as follows: IF ILLINOIS THAT PART OF SECTION 19 IN TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN F KANE 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, LEY PUBLICATIONS,DOES HEREBY CERTIFY RECORDED MARCH 21,1949;THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SEC- 'hat it is a corporation duly organized and existing under the laws of the State of Illinois TION 19,HAVING A ILLINOIS EAST ZONE GRID BEARING OF NORTH 00 DEGREES 10 MINUTES 28 SECONDS Y g g Illinois; WEST ALONG SAID NORTH-SOUTH CENTERLINE 268.12 FEET TO THE PLACE OF•BEGINNING; THENCE at it is the publisher of The Courier News,a secular daily newspaper ublished in the City WESTERLY ALONG THE FOLLOWING FOUR COURSES: NORTH 86 DEGREES 63 MINUTES 44 SECONDS WEST P Y P ty 467.21 FEET,NORTH 82 DEGREES 58 MINUTES 16 SECONDS WEST 377.14 FEET;NORTH 80 DEGREES 46 MIN- n Kane County, Illinois, and of general circulation in said City, County and State; and in UTES 52 SECONDS WEST 97.26 1,W1�NORTH 73 DEGREES 11 MINUTES 19 SECONDS WEST 368.33 FEET, County and portions of Cook and DuPage Counties,and in cities in Kane County;and that THENCE NORTH 03 SOUTHERLY FROM AND PEAR PARALLEL MINUTES CENTERLINE WATER ROAD;THENCE SOS 73 DE�GRREES 37 spaper as defined in "An Act to Revise the Law in Relation to Notices"–Ill. Revised MINUTES 51 SECONDS EAST•ALONG A LINE 33.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTERLINE hap. 100,Sections 1,5 and 10. 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 674.99 FEET;THENCE- hat a notice of which the annexed is a true copy has been regularly published in said SOUTH 66 DEGREES 10 MINUTES 31 SECONDS EAST ALONG A LINE 33.00 FEET SOUTH OF AND PARALLEL PY g Y P WITH SAID CENTERLINE OF WATER ROAD 17.82 1.k.,k. TO A POINT ON THE SAID NORTH-SOUTH CENTER- LINE OF SECTION 19;THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19, L/ C time(s) each for HAVING AN ILLINOIS EAST,ZONE GRID BEARING OF SOUTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ..------- 1133.66 FEET TO THE PLACE OF BEGINNING, IN KANE ' COUNTY, ILLINOIS. successive ;that the The approximate lotation of the proposed Special Service Area is 3400 Water Road in the City of Elgin, cation of said notice was on the. i ' day of--4.4101"4-14 ,20©15— 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. st publication thereof was on the day of , 20 — 170iBtf8 nil interested persons affected by the pro- ce of type in which each publication of said notice was printed was the same as the body ____ _..._.._...• _ __ _ .. .... �e.i ... ar.e ..lnnn: a.i ...r.....a:...... .� ♦L_ ____.______ ._ __.t._L ___� .__Ll___.___ _____ ___�__ EXHIBIT C NOTICE IS HEREBY GIVEN that on January 26, 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 as follows: 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; eift 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 AN ILLINOIS EAST ZONE GRID BEARING OF SOUTH 00 DEGREES 10 MINUTES 28 SECONDS EAST 1133.66 FEET TO THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS. The approximate location of the proposed Special Service Area is 3400 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. 7 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 0.4737 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$16,800.00 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. 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 29th day of December, 2004. r s/Dolonna Mecum CITY CLERK 8 EXHIBIT B •I.��I s .�.r:enri"7 . I : . 4� Matt, � I wt....C*11!I.." ' .4 im II II tt."..... 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