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HomeMy WebLinkAboutT24-06 Ordinance No. T24-06 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE TALL OAKS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS 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 elk WHEREAS, it is in the public interest that the area legally described in Exhibit A to this ordinance be established as the Tall Oaks Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the"Special Service Area"); and WHEREAS, the approximate location of the proposed Special Service Area is 101 Russell 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 ordinance 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 July 26, 2006, 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 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 ordinance. 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 0.400 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 $96,000.00 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. 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 TALL OAKS SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on July 26, 2006, 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 2 " 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 101 Russell 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, drainage way, 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 elk 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 0.400 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 $96,000.00 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. 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. 3 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 day of , 2006. 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. .1� _Ar - Ed Schock, Mayor Presented: June 28, 2006 Passed: June 28, 2006 Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: LN-042-wv—eL__ Pte-Cc,,-- Dolonna Mecum, City Clerk r 4 Exhibit A Tall Oaks Parcel One: That part of the north 1/2 of the northeast 1/4 of section 13, township 41 north, range 7 East of the third principal meridian, described as follows: beginning at the southeast corner of the north 1/2 of the northeast 1/4 of said Section 13; thence north along the section line 503 feet; thence south 89 degrees 50 minutes west, 1385.9 feet to the center line of the highway; thence southerly along said center line to the south line of the north 1/2 of said northeast 1/4; thence east along the south line to the point of beginning, in the township of Plato, Kane County, Illinois. Parcel Two: That part of the northwest fractional quarter of Section 18, Township 41 north, Range 8 east of the Third Principal Meridian, described as follows: commencing at the northwest corner of said section 18; thence east along the north line of said section 662.64 feet to the center of that state road; thence south 64 degrees 05 minutes east along said center line 112.86 feet to a point hereinafter referred to as point "a"; thence South 64 degrees 05 minutes east along said center line to a point 30.36 feet westerly, measured along said center line, from the east line of said northwest fractional quarter for the point of beginning; thence north 64 degrees 05 minutes west along said center line to said point "a"; thence south 25 degrees 55 minutes west 366.96 feet; thence north 64 degrees 05 minutes west 112.86 feet; thence north 73 degrees 15 minutes west to a point which is north 81 degrees 44 minutes east 153 feet from a point in the west line of said quarter section 186.93 feet southerly of the southerly line of the Plato Road; thence South 81 degrees 44 minutes west 153 feet to the west line of said quarter section; thence south along said west line to a point 29 chains south of the northwest corner of said section 18; thence south 48 degrees east 781.66 feet to a line drawn south 25 degrees 13 minutes west from the point of beginning; thence north 25 degrees 13 minutes east 2219 feet to the point of beginning, in the township Of Egin, Kane county, Illinois. Parcel Three: That part of section 13, township 41 north, range 7 east and that part of section 18, township 41 north, range 8 east of the third principal meridian, described as follows: beginning at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to a granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 minutes west 10 chains and 71 links to a stake 5.12 chains east of the west line of said last named quarter section; thence north 85 degrees west 17.12 chains to the east line of Ira Russell's farm and crossing the west line of said last named quarter section 18.25 chains north of the southwest corner thereof; thence north 49 degrees 15 minutes east 43 chains along said Russell's east line to the west line of the east 1/2 of the Northeast 1/4 of said section 13; thence south 7.40 chains to the southwest corner of said east e 1/2; thence east 20.5 chains to the point of beginning (except that part of the South 1/2 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: 5 commencing at the southwest corner of lot 50 of Montague Forest unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along the westerly line of said lot, 55 feet westerly to an angle in said westerly line for the point of beginning; thence north 84 degrees 02 minutes west 1083.7 feet to the center line of the Elgin-Plato road; thence southwesterly along said center line 30.62 feet to the northwest corner of Montague forest unit no. 1; thence south 84 degrees 02 minutes east along said north line 1098.37 feet to the westerly line of lot 50 in Montague forest, unit no. 4; thence north 12 degrees 51 minutes 15 seconds east along said westerly line 25.18 feet to the point of beginning; and also except that part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian described as follows: commencing at the northwest corner of lot 3, Montague Forest, Unit No., 1, recorded as document 1054549; thence westerly along the northerly line extended of said unit no. 1, 50.23 feet to the center line of Russell Road; thence northeasterly along said center line, being a curve to the right having a radius of 3015.71 feet, 377.58 feet; thence northeasterly along said center line, tangent to the last described curve at the last described point 692.9 feet; thence continuing northeasterly along said center line, being a curve to the left having a radius of 15,775 feet, tangent to the last described course 105 feet for a point of beginning; thence continuing northeasterly along a continuation of the last described curve 190.0 feet; thence southeasterly along a line forming an angle of 77 degrees 10 minutes 00 seconds with a line drawn tangent to the last described curve at the last described point, as measured clockwise therefrom, 228.0 feet; thence southwesterly along a line forming an angle of 79 degrees 40 minutes 00 seconds with the last described course, as measured counter-clockwise therefrom, 225.0 feet; thence northwesterly along a line forming an angle of 91 degrees 23 minutes 14 seconds with the last described course, as measured counter- clockwise therefrom, 233.80 feet to the point of beginning), in Plato Township, Kane county, Illinois. Parcel Four: That part of the northwest 1/4 of section 18, township 41 north, range 8 east of the third principal meridian described as follows: beginning at the southwest corner of the northwest 1/4 of said section; thence north 45.64 rods to a point that is 29 chains south of the northwest corner of said section; thence south 48 degrees east to a point on the quarter section line 47.82 rods east of the point of beginning; thence west to the point of beginning, in the township of Elgin, Kane county, Illinois. Parcel Five: The southeast 1/4 of the northeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian (except a piece in the northwest corner thereof 20 rods square), all in the township of Plato, Kane County, Illinois. Parcel Six: That part of the southeast 1/4 of section 13, township 41 north, range 7 east of the third principal meridian, described as follows: commencing at the northeast corner of the southeast 1/4 of section 13; thence north 1.59 chains to the northwest corner of the southwest fractional quarter of section 18, township 41 north, range 8 east of the third principal meridian; thence east on the north line of said quarter 11.95 chains; thence south 48 degrees east 3.62 chains to granite stone; thence south 47 degrees west to intersect the east line of the southeast 1/4 of said section 13 at a point 15.42 chains south of the northeast corner thereof; thence on the same course 70 links past said east line; thence north 60 degrees west 21.19 chains; thence south 38 degrees west 10 chains along the west lines of Montague Forest units five and four for the point of beginning; thence north 57 degrees west 3.29 chains; thence south 43 degrees 15 6 • "1"k minutes west 283.51 feet to the northwest corner of Lot 52 of Montague Forest unit no. 4; thence easterly along the northerly line of said lot 52 a distance of 284.8 feet to the westerly line of lot 55 in said unit no. 4; thence northeasterly along said westerly line 130 feet to the point of beginning, in the Township of Plato, Kane County, Illinois (property commonly known as 101 Russell Road). r r 7 4.:.\ Exhibit B )0 0 600 1200 Feet Tall Oaks T. 41N. 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