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HomeMy WebLinkAboutT20-05 (2) ��c"LSKP�75883 SANDY WEGNAN RECORDER MAP ATTACHED KANE COUNTY, IL State of Illinois) RECORDED ON County of Kane) ss REC FE 07/01/2005 03:54Ph City of Elgin ) PAGES: :1151.00 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: Cco 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. fl t City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum CA Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court /..1‘ 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 'J \\ 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 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: 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 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 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; 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. s/Dolonna Mecum CITY CLERK 8 • EXHIBIT B 0 • 4X4444., $:(5:4• L o'er ��`� INAOP al 4 0. 40 1 i _Ir / 11, # 04 # w 41r* V • CV N /Ilk ► ,‘, ...„,, :w � o i !4 1. , "411, di ipir billy q Vr• 4- .,=•#' • 41 It 1,14 A 4 AkUk 4r, ,.,.,,� Subject Pro•e illir 'A At II" 4%* 4.4i4k INer._NW or r "it t. . Niel it ►u� day �i �ir* 41110 i.1► ,011 1► ► i. immumpap irivire W41 VIKS v11.11°41 1-4Z4�°48's ted& tfAu ..11!111 " tioqg 110'4' \_ �Arn\a �li�illi a&iil. - gf\ :,.,.IIILi r , -8ey ii,7;4 _ \ ._, i � • Noss c4 i eV• Gv 0 RR /AILocation Map SSA Map A Remington Meadows N City of Elgin 600 0 600 Feet \O Department of Community Development �m� „ci of a yeti§ Cr‘ 0 C2-1/ iof ElginMayor s! '1' Ed Schock r ATE„o Council Members Juan Figueroa August 10, 2005 Robert Gilliam David J.Kaptain Brenda Rodgers Thomas K.Sandor John Walters City Manager Ms. Susan Ericson Olufemi Folarin Tax Extension Office Kane County Clerk's Office P.O. Box 71 Geneva, IL 60134 Re: Remington Meadows Special Service Area#8 (Ordinance T20-05) Dear Susan: I am enclosing a certified copy of Ordinance No. T20-05, entitled "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. Said ordinance was passed by the Elgin City Council on April 27, 2005, and the ordinance was recorded by the Kane County Recorder on July 1, 2005, as Document No. 2005K075883. Pursuant to your request, two copies of the locater map regarding the special service area are enclosed. As you know, the letters directed to you with the certified copies of these two ordinances somehow were misdirected to the Kane County Recorder's office, which recorded both these ordinances again on July 15, 2005. David Scholes stated that they would simply make a notation on the July 15 recorded documents stating that the ordinances had previously been recorded. Please contact me if you have questions or need anything additional. Please let me know if the Locator Maps attached to these two ordinances meet the State of Illinois specifications. Thank you, and I apologize for all the confusion. Sincerely, Dolonna "Loni”Mecum, CMC City Clerk 847/931-5660 Enclosure 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610•TDD 847/931-5616 .. www.cityofelgin.org :, Printed on recycled paper ,t OF City of EI in CO Mayor "�►��` Ed Schock 111 Council Members Juan Figueroa Robert Gilliam David J.Kaptain Brenda Rodgers Thomas K.Sandor John Walters City Manager July 12, 2005 Olufemi Folarin Ms. Susan Ericson Tax Extension Office Kane County Clerk's Office P.O. Box 71 Geneva, IL 60134 Re: Remington Meadows Special Service Area#8 (Ordinance T20-05) Dear Susan: I am enclosing a certified copy of Ordinance No. T20-05, entitled"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. Said ordinance was passed by the Elgin City Council on April 27, 2005, and the ordinance was recorded by the Kane County Recorder on July 1, 2005, as Document No. 2005K075883. Pursuant to your request, two copies of the locater map regarding the special service area are enclosed. Please contact me if you have questions or need anything additional. Sincerely, y01/1; /1*52—Gu,p,---- Dolonna "Loni"Mecum, CMC City Clerk 847/931-5660 Enclosure 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616 www.cityofelgin.org C. Printed on recycled paper NOTE FOR FILES REGARDING SPECIAL SERVICE AREA ORDINANCES T18-05 (SSA #7 COPPER SPRINGS) AND T20-05 (SSA #8 REMINGTON MEADOWS) T18-05 (SSA #7) was recorded on July 1, 2005, as Document No. 2005K075882. T20-05 (SSA #8) was recorded on July 1, 2005, as Document No. 2005K075883. On July 12, 2005, a letter was directed to Susan Ericson in the Tax Extension Division of the Kane County Clerk's office enclosing a certified copy of each of the above ordinances. Included in the letter was the July 1, 2005, recording date and document numbers. Somehow the letter and certified ordinances intended for the Tax Extension office were again recorded by the Kane County Recorder's office on July 15, 2005. Ordinance T18-05 was recorded as Document No. 2005K081266 and Ordinance T20-05 was recorded as Document No. 2005K081265. I spoke to David Scholes in the Kane County Recorder's office and he said to definitely use the first recording date and document number, and the recorder's office will note that the July 15, 2005, recording was a duplicate of the original recording. Loni Mecum City Clerk 8/10/05 a 1Z'8 1 `Eye SANDY WEGMAN 446 RECORDER KANE COUNTY, IL State of Illinois) 9Cy 07/15/2005 RECORDED11:2701 AM ON County of Kane) ss FD City of Elgin ) REc.FEE: •12 53. 00 PAGES: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 ) 2 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. ( .. City C erk (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