HomeMy WebLinkAboutT45-06 Ordinance No.T45-06
AN ORDINANCE
ESTABLISHING THE
WEST RIDGE COMMUNITY CHURCH SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#17)
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 West Ridge Community Church 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 Resolution No. T29-06, entitled "An Ordinance
Proposing the Establishment of the West Ridge Community Church 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
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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Section 3. Establishment of the Special Service Area. The West Ridge Community
Church 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 West Ridge Community Church
Subdivision Special Service Area consists of approximately 26 acres in the City of Elgin. An
accurate map of the West Ridge Community Church 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 West Ridge Community Church 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 West Ridge Community
Church 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 West Ridge Community Church 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 West
Ridge Community Church 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 West Ridge Community Church Subdivision Special Service Area
in an amount not to exceed an annual rate of.783 [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 West Ridge Community Church 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 West Ridge Community Church Subdivision Special Service
Area and initially thereafter, the tax levies are intended to produce approximately $30,000.00
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
elk Kane County Recorder following its passage and approval.
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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.
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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BONNIE G. BRAUN
NOTARY PUBLIC,STATE OF ILLINOIS
My Commission Expires April 6,2010
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WEST RIDGE COMMUNITY CHURCH SUBDIVISION
SPECIAL SERVICES AREA
PUBLISHED NOTICE OF HEARING
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Exhibit A
Attachment A
NOTICE OF HEARING
CITY OF ELGIN
WESTRIDGE COMMUNITY CHURCH SUBDIVISION 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 Special
Service Areas consisting of territories legally described in Exhibit A which is attached to
and incorporated by reference into this notice.
The approximate location of the proposed Special Service Areas is 3170 US
Route 20, in the City of Elgin, Kane County, Illinois. An accurate map depicting the
locations of the proposed Special Service Areas 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 Areas will be provided with an opportunity to be heard on that issue and may
object to the establishment of the Special Service Areas and the tax levy affecting that
Special Service Areas.
The purpose for establishing the Special Service Areas 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 Areas, 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 0.783 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 $30,000.00 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.
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 4th Day of August, 2006.
r Delonna Mecum
CITY CLERK
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WEST RIDGE COMMUNITY CHURCH SUBDIVISION
SPECIAL SERVICES AREA
NOTICE OF HEARING: MAILING
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Exhibit B
Attachment B
NOTICE OF HEARING
CITY OF ELGIN
WESTRIDGE COMMUNITY CHURCH SUBDIVISION 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 Special
Service Areas consisting of territories legally described in Exhibit A which is attached to
and incorporated by reference into this notice.
The approximate location of the proposed Special Service Areas is 3170 US
Route 20, in the City of Elgin, Kane County, Illinois. An accurate map depicting the
locations of the proposed Special Service Areas 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 Areas will be provided with an opportunity to be heard on that issue and may
object to the establishment of the Special Service Areas and the tax levy affecting that
Special Service Areas.
The purpose for establishing the Special Service Areas 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 Areas, 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 0.783 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 $30,000.00 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.
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 4th Day of August, 2006.
r Delonna Mecum
CITY CLERK
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WEST RIDGE COMMUNITY CHURCH SUBDIVISION
SPECIAL SERVICES AREA
LEGAL DESCRIPTION FOR
WEST RIDGE COMMUNITY CHURCH SUBDIVISION
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Exhibit C
Exhibit C
West Ridge Community Church Subdivision
Parcel 1: (per quit claim deed recorded September 9, 1986 as document
1792752) The easterly 225.00 feet of the southerly 400.00 feet as measured
along The southerly and easterly line of the following described parcel of
land; That part of the southeast quarter of section 7 and part of the
northeast Quarter of section 18. Township 41 north, range 8 east of the third
principal Meridian, bounded and described as follows: beginning on the south
line of Said section 7, 7.72 chains west of the southeast corner thereof; thence
21 Degrees east, 62 links; thence north 64 degrees 45 minutes west, 12.50
chains; Thence south 21 degrees west 20.68 chains to the center of state road;
thence South 64 degrees 5 minutes east along center of said road, 12.50 chains;
thence North 21 degrees east 20.20 chains, to the place of beginning; in the
township Of Elgin, Kane county, Illinois. Parcel 2: (per quit claim deed recorded
September 9, 1986 as document 1792752) That part of the southeast quarter of
section 7 and part of the northeast Quarter of section 18, township 41 north,
range 8 east of the third principal Meridian, bounded and described as follows:
beginning on the south line of Said section 7, 7.72 chains west of the southeast
corner thereof; thence 21 Degrees east, 62 links; thence north 64 degrees 45
minutes west, 12.50 chains; Thence south 21 degrees west 20.68 chains to the
r center of state road; thence South 64 degrees 5 minutes east along center of
said road, 12.50 chains; thence North 21 degrees east 20.20 chains, to the place
of beginning; in the township Of Elgin, Kane county, Illinois, described as follows:
beginning at the north easterly corner of the previously described parcel of land;
thence south westerly along the easterly line of said parcel 971.07 feet; thence
north-Westerly on an interior angle of 84 degrees 32 minutes 12 seconds a
distance Of 225.00 feet; thence north westerly on an interior angle of 95 degrees
31 minutes 24 seconds a distance of 969.46 feet the northerly line of the
previously described parcel; thence along said northerly line on an interior
angle Of 84 degrees 54 minutes 26 seconds a distance of 225.87 feet to the
place of Beginning. Parcel 3: (per deed in trust recorded September 5, 1986 as
document 1792190) The westerly 225.00 feet of the easterly 450.00 feet of the
southerly 400.00 Feet as measured along the southerly and easterly lines
thereon of the following described parcel of land: That part of the southeast
quarter of section 7 and part of the northeast Quarter of section 18, township 41
north, range 8 east of the third principal Meridian, bounded and described as
follows: beginning on the south line of Said section 7, 7.72 chains west of the
southeast corner thereof; thence 21 Degrees east, 62 links; thence north 64
degrees 45 minutes west, 12.50 chains; Thence south 21 degrees west 20.68
chains to the center of state road; thence South 64 degrees 5 minutes east along
center of said road, 12.50 chains; thence North 21 degrees east 20.20 chains, to
the place of beginning; in the township Of Elgin, Kane county, Illinois Parcel 4:
that part of the southeast quarter of section 7 and part of the northeast Quarter of
section 18, township 41 north, range 8 east of the third principal Meridian,
bounded and described as follows: beginning on the south line of Said section 7,
7.72 chains west of the southeast corner thereof; thence 21 Degrees east, 62
links; thence north 64 degrees 45 minutes west, 12.50 chains; Thence south 21
degrees west 20.68 chains to the center of state road; thence South 64 degrees
5 minutes east along center of said road, 12.50 chains; thence North 21 degrees
east 20.20 chains, to the place of beginning; in the township Of Elgin, Kane
county, Illinois, described as follows: Beginning at the northwesterly corner of the
previously described parcel Of land thence southwesterly, along the easterly line
of said parcel 971.07 Feet; thence northwesterly, on an interior angle of 84
degrees 32 minutes 12 Seconds a distance of 225.00 feet; thence northeasterly
on an interior angle Of 95 degrees 31 minutes 24 seconds a distance of 969.46
feet to the northerly Line of the previously described parcel; thence along said
northerly line On an interior angle of 84 degrees 54 minutes 26 seconds a
distance of 225.87 Feet to the place of beginning.
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WEST RIDGE COMMUNITY CHURCH SUBDIVISION
SPECIAL SERVICES AREA
SSA DISTRICT MAP FOR
WEST RIDGE COMMUNITY CHURCH SUBDIVISION
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Exhibit D
Exhibit D
0114'700 0 700 1400 Feet West Ridge Church
T. 41 N.
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