HomeMy WebLinkAboutT42-06 Ordinance No.T42-06
AN ORDINANCE
ESTABLISHING THE
TRINITY CHASE SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#14)
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 C to this
ordinance be established as the Trinity Chase Subdivision 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. T32-06, entitled "An Ordinance
Proposing the Establishment of the Trinity Chase 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 July 26, 2006, and was considered at a public hearing held by the City
Council of the City of Elgin on August 23, 2006, 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
A; and
WHEREAS, the notice of the Hearing was also provided by mail, said notice being
deposited in the U.S. Mail on or before August 4, 2006, 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 B. 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
r 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 August
23, 2006 at 7:44 pm.
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mow, Section 3. Establishment of the Special Service Area. The Trinity Chase Subdivision
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 this ordinance by reference. The Trinity Chase Subdivision Special Service Area consists of
approximately 110.0 acres in the City of Elgin. An accurate map of the Trinity Chase
Subdivision 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 Trinity Chase Subdivision Special Service Area is to 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 Trinity Chase Subdivision 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 Trinity Chase Subdivision 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 Trinity
Chase Subdivision 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 Trinity Chase Subdivision Special Service Area in an amount not to exceed an annual rate
of .497 [E.g., ten one-hundredths percent (.10 percent, being 10 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 Trinity Chase
Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the
Home Owner'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 Trinity
Chase Subdivision Special Service Area and initially thereafter, the tax levies are intended to
produce approximately $64,200.00 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.
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r 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.
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.
e:
Ed Schock, Mayor
Presented: November 8, 2006
Passed: November 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 9, 2006
Published: November 10, 2006
Attest:
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Dolonna Mecum, City Clerk
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Special Service Area and the tax will be levied for an indefinite period of time from and after of the ordi-
nance establishing the Special Service Area.These taxes shall be in addition to all other taxes by law and first Di,•
shall be levied pursuant to the provisions of the Property Tax Code(35 ILCS 200/1-1 er seq, tax levies ere.,
intended to produce approximately$64,200.00 annually for the cost of the services described above.The City of and the
Elgin,however,may annually levy up to the maximum rate specified in the ordinance establishing the Special that the
Service Area for the coat of the services described above as said services become necessary and are provided by the of type
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 associ-
ation 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 for at 1
Elgin to assume those msponsibilities.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.
execute
If a petition objecting to the establishment of the proposed Special Service Area,the tax levy,or the imposi-
tion of a tax for the provision of special services to the proposed Special Service Area that has been signed by at
leaati5fty-one percent(51%)of the electors residing within the proposed Special Service Area,and by at least fifty- !•
one patient(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'
dm 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 4th Day of August,2006. '
Liclanasiktoom Printer
CITY CLERK
Exhibit A • No.�. . .
Trinity Chase ad
That part of Sections 7,8,17 and 18,Township 41 North,Range 8 East of the Third Principal Meridian,described as
follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of Section 8 afore-
said;thence North 89 degrees 44 minutes 32 seconds East along the North line of the Southwest Quarter of the
Southwest Quarter of said Section 8,a distance of 489.96 feet;thence South 64 degrees East,a distance of 774.84
feet; thence South 21 degrees 30 minutes West, along the Westerly line of the Second Addition to Moeller's
Subdivision,being a subdivision of part of Sections 8 and 17,Township and Range aforesaid,and along the Westerly
line of Moeller's Subdivision,being a subdivision of part of the Northwest Quarter of Section 17,Township and
Range aforesaid a distance of 2948.46 feet to the center line of U.S,Route 20;thence Northwesterly along said cen-
ter line,being along a curve to the right having a radius of 4326.96 feet,a distance of 269.71 feet;thence North 64'
degrees minutes 06 minutes
seconda West, West
istance of 823.30 feet;thence North 21 degrees 42 minutes 07 seconds East,a dis-
940.32 feet;thence North 20 degrees 33 minutes 52 seconns"ffi§t if tftsiGnca'ot
tance of 1395.38 feet;thence South 81 degrees 12 minutes 49 seconds East,a distance of 747.40 feet to the East line:j
of Section 7 aforesaid;thence South 00 degrees 10 minutes 51 seconds West,along said East line,a distance of 247.50 3
' feet to the place of beginning.Being situated in Elgin Township,Kane County,Illinois,and containing 110.5813 1
Acres,more or less.(property commonly known as 3150 US Route 20/Lake Street).
Exhibit B
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TRINITY CHASE SUBDIVISION
SPECIAL SERVICES AREA
NOTICE OF HEARING: MAILING
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Exhibit B
NOTICE OF HEARING
CITY OF ELGIN
TRINITY CHASE SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on August 23, 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 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 3150 US Route 20
(Lake Street) 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 establish-
ment 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 de-
sign, 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 0.497 of the equal-
ized 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$64,200.00 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.
The hearing may be adjourned by the City Council of the City of Elgin to another date without
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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 Ser-
vice 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 re-
cord 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 4th Day of August, 2006.
Delonna Mecum
CITY CLERK
Exhibit A
Trinity Chase
That part of Sections 7, 8, 17 and 18, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows: Beginning at the Northwest
corner of the Southwest Quarter of the Southwest Quarter of Section 8 aforesaid;
thence North 89 degrees 44 minutes 32 seconds East along the North line of the
Southwest Quarter of the Southwest Quarter of said Section 8, a distance of
489.96 feet; thence South 64 degrees East, a distance of 774.84 feet; thence
South 21 degrees 30 minutes West, along the Westerly line of the Second
Addition to Moeller's Subdivision, being a subdivision of part of Sections 8 and
17, Township and Range aforesaid, and along the Westerly line of Moeller's
Subdivision, being a subdivision of part of the Northwest Quarter of Section 17,
Township and Range aforesaid a distance of 2948.46 feet to the center line of
U.S. Route 20; thence Northwesterly along said center line, being along a curve
to the right having a radius of 4326.96 feet, a distance of 269.71 feet; thence
North 64 degrees 58 minutes 12 seconds West along said center line, being
tangent to the last described curve, a distance of 940.32 feet; thence North 20
degrees 33 minutes 52 seconds East a distance of 1371.20 feet; thence North 64
degrees 14 minutes 06 seconds West, a distance of 823.30 feet; thence North 21
degrees 42 minutes 07 seconds East, a distance of 1395.38 feet; thence South
81 degrees 12 minutes 49 seconds East, a distance of 747.40 feet to the East
line of Section 7 aforesaid; thence South 00 degrees 10 minutes 51 seconds
West, along said East line, a distance of 247.50 feet to the place of beginning.
Being situated in Elgin Township, Kane County, Illinois, and containing 110.5813
Acres, more or less. (property commonly known as 3150 US Route 20/Lake
Street).
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QExhibit B
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TRINITY CHASE SUBDIVISION
SPECIAL SERVICES AREA
LEGAL DESCRIPTION FOR
TRINITY CHASE SUBDIVISION
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Exhibit C
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Exhibit A
Trinity Chase
That part of Sections 7, 8, 17 and 18, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows: Beginning at the Northwest
corner of the Southwest Quarter of the Southwest Quarter of Section 8 aforesaid;
thence North 89 degrees 44 minutes 32 seconds East along the North line of the
Southwest Quarter of the Southwest Quarter of said Section 8, a distance of
489.96 feet; thence South 64 degrees East, a distance of 774.84 feet; thence
South 21 degrees 30 minutes West, along the Westerly line of the Second
Addition to Moeller's Subdivision, being a subdivision of part of Sections 8 and
17, Township and Range aforesaid, and along the Westerly line of Moeller's
Subdivision, being a subdivision of part of the Northwest Quarter of Section 17,
Township and Range aforesaid a distance of 2948.46 feet to the center line of
U.S. Route 20; thence Northwesterly along said center line, being along a curve
to the right having a radius of 4326.96 feet, a distance of 269.71 feet; thence
North 64 degrees 58 minutes 12 seconds West along said center line, being
tangent to the last described curve, a distance of 940.32 feet; thence North 20
degrees 33 minutes 52 seconds East a distance of 1371.20 feet; thence North 64
degrees 14 minutes 06 seconds West, a distance of 823.30 feet; thence North 21
degrees 42 minutes 07 seconds East, a distance of 1395.38 feet; thence South
81 degrees 12 minutes 49 seconds East, a distance of 747.40 feet to the East
line of Section 7 aforesaid; thence South 00 degrees 10 minutes 51 seconds
West, along said East line, a distance of 247.50 feet to the place of beginning.
Being situated in Elgin Township, Kane County, Illinois, and containing 110.5813
Acres, more or less. (property commonly known as 3150 US Route 20/Lake
Street).
4.
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TRINITY CHASE SUBDIVISION
SPECIAL SERVICES AREA
SSA DISTRICT MAP FOR
TRINITY CHASE SUBDIVISION
Exhibit D
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Exhibit D
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