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HomeMy WebLinkAboutT35-08 (2) 2008K083666 SANDY WEGMAN RECORDER-KANE COUNTY, IL RECORDED 11/5/2008 8:42 AM REC FEE: $49.00 PAGES: 18 State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Diane Robertson, 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. T35-08 AN ORDINANCE ESTABLISHING THE MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#20) 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 October 22, 2008. 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 November 4, 2008. PE EC........ \__ �QifU1MINIS \' ���' " City Cle r4 := : This instrument prepared by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Ordinance No.T35-08 AN ORDINANCE ESTABLISHING THE MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#20) 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 Madison Homes 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. T25-08, entitled "An Ordinance Proposing the Establishment of the Madison Homes Subdivision Special Service Area in the City of Elgin and Providing for a Public Hearing and Other Procedures Relating to the Establishment of a Special Service Area," that Resolution having been duly passed on July 9, 2008, and was considered at a public hearing held by the City Council of the City of Elgin on August 13, 2008 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 July 25, 2008, 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 13, 2008 at 7:40 pm. 2 Section 3. Establishment of the Special Service Area. The Madison Homes 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 Madison Homes Subdivision Special Service Area consists of approximately 8.96 acres located on the northeast side of Highland Avenue and Trinity Terrace in the City of Elgin. An accurate map of the Madison Homes 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 Madison Homes Subdivision 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 Madison Homes 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 Madison Homes 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 Madison Homes 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 Madison Homes Subdivision Special Service Area in an amount not to exceed an annual rate of .762 [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 Madison Homes Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Madison Homes Home Owners' 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 Madison Homes Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $13,200.00 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. 3 Section 7. Severability. If any provision of this ordinance or its application to any person or under anycircumstances is adjudged invalid, such shall not affect the validityof J g adjudication 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. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 23, 2008 Published: October 24, 2008 Attest: s/Diane Robertson Diane Robertson, City Clerk 4 Notice of Hearing Published in Courier News SSA#20 Madison Homes EXHIBIT A NOTICE OF HEARING CITY OF ELGIN MADISON HOMES SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on August 13, 2008, 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 2250 Highland Avenue in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the pro- posed Special Service Area is attached to and incorporated by reference into this notice as Ex- hibit 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 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 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 Area will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.762 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 establish- ing 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 $13,200.00 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 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 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, and 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 Ser- vice Area may be established nor any tax levied or imposed. Dated this 26th Day of July, 2008. Diane Robertson CITY CLERK Exhibit A Madison Homes Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Lot 1; thence South 61 degrees 08 minutes 50 seconds East along the North line of said lot, a distance of 386.93 feet measured (386.69 feet record), to a jog in said North line; thence South 89 degrees 59 minutes 09 seconds East along said North line 375.44 feet measured, (375.50 feet record), to the Northeast corner of said lot; thence South 0 degrees 00 minutes 15 seconds West along the East line of said lot, 830.0 feet to the Southeast corner thereof; thence North 89 degrees 58 minutes 54 seconds West along the South line of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly line of Highland Avenue (being a jog in said South line); thence North 65 degrees 23 minutes 01 seconds West along the Northeasterly line of Highland Avenue and the Southwesterly line of said lot, a distance of 208.59 feet; thence North 38 degrees 10 minutes 06 seconds East 382.54 feet; thence North 14 degrees 31 minutes 33 seconds West 239.37 feet; thence North 61 degrees 08 minutes 49 seconds West 546.69 feet to the Southeasterly line of Trinity Terrace (also the Northwesterly line of said Lot 198); thence Northeasterly along said lot line being on a curve to the left having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of the last described curve bearing North 41 degrees 46 minutes 22 seconds East 131.18 feet); thence North 36 degrees 44 minutes 18 seconds East along said lot line, 44.56 feet to the point of beginning, containing 8.9587 acres in Kane county, Illinois. A Exhibit B N 500 0 500 o Feet T. 41N. Madison Homes 0, \___ 11116 0 . 11 • 1 Z110,4 _____ Territory of1. - , ,;* p, ___._ t Z SSA District W l61 15 • • i IOTI'C :: `�RNi�, a ,:CITY:.OF-EL�GIN .:.. ..MADISON HOMES;.SUBDIVISION ..: :;:SPECIAL SERVICES:AREA. NOTICE IS tfkREBY GIVEN that ce August ik 2008,40:09 pure in the City Councf f hambers.of Elgin Sty tlaa..15p.Dexter Court,Elgin,Ifiliiois,.ahwdog will be held by the City Counclt of u e.City of Elgin to,consider the estabiistimeat oT a SPeoial SeiViee Area'codelsitrig et temtory legally described iii Exhibit A which is attached 1b and incorporated by reference Bttothis notice• - - The approikeete locatbnof lite proposedSpecfai Service•Area is 2250 HighiandAvenue ..,t� theC4yof KeeeCegn$Yli� Arraccgrate• pdepatngtheleeatiorofthe r , rhrnt ,special S Area is�aftd 11.=1porated ply ratararce foto tris rwtice. t r a.c® - w how •,All Interested peraorie • by the priepeeed'estebOihitieftt d t i Service Area 7 47N Madhon hirer® w th an to be heard or, ieeyaagrd the esfabIatr wt7fbe x� merit d3pedai Sen kmtd Bre tit. altectlrty that Sf�Area The ptrposelei estdtlhshing the Special Service Area la to•ptovlde aervbeeinduxgng lie operation maintenance:repair rehabiltatan repfecementtWd tteconstructiart of any site renoflstorage area dranageway ditch awale storm sewernrotherstomrwaterfaalkittyy;;cosis Of design,engneeringandother consulting services,surveying andpermits'publicliabl8tyin- ` Sureties,and all administrative,legal and other costs or expenses hxxtrrec In corer=.. ttereirrfth and with the administration:of.tle Specral:Service Area,ircliid ng the of any l,oanor debt impliedfor the provisionetsrxlieein Gill: llfifedetertiedseivges a ed are urtigye and In addition to services generaly"praiided by the:city dElgin f At rigs altperseiits affected yAl4epnlvldedwlft.qt1appor141.0'e*beeid All* \ r tiearing,a tax for theepecial Service_. oomidered lite anrieidtax . ( proposed .•r.... levy hot theSee:lei Service Area is•ktaaa ectigit hica to exceed an annus nal toot 0 782.41Ae V `,equalized assessed valde of the propellytaltttln the propoaedSpecial Service Aran ander P .. lax wilt be levied for ah indefinite period d time hpm andafter the date of the osdkranCe ler tablishing the Special Service Area These taxes she lbe inaddition to an opal'fen g •' - g� tedby jaw and shall be levied'p�rauad:to ttte provislons 0l t€te Property Tax Code.1351 •+ ' • •:i.?:.,-. suiA ae: _: rX prY of - 7. 200/11etseq);The tax levies ere Intendedfoproduceapproximately313,2000oarnlm jar •4 Ft :the'eost of the services described above.The City cif Elgin,however,may annualy tory. b •- f;+ • the;maxim dm rate specified in the ordinanceestablishingtheSpecialServiceAreafo[ F b ;g+ me <. Otthe,eenrices described above as said services beaome necessary and are ptoyider x CCilof Elgin Notwithstanding the foregoing taxes shag rhofbeleviedherelirldafaadthepm.i �' Spar�l Service Area shall remain abeyant end talc&iniac,ony4fn the avent1lei �, orotherpmperyowner associteen.r po�efor'ittepropef1Y,..„ntftepto-- r� �' ipoeed Special Service Area fails to maintain repair reptgce s pay for 1150 I.nriptovements de- 4-4 'iR, scriedaboveand/orartyrelated Costs iorittoseltnptoverpeNs,soahtoxeituirethet cif.. " :, _•. _ ••< .. • i "'il!' M E'"esutra those responsib hues Tpehearutg rrey be adjourned by the CitycoUnCii thio' ,t x:53 .•�,... u,_ -$„ 4;t,:;,4: - =,s,; s xl:(glib datewrthoutftuftt 41.9.1ceotherthanarrtoeontobeenferetiuponthen*- r<>..,v=g + ate =s.' eaiittdd three d its Jiidng the Anne place dila edJour!!t[rant-'�;<.K.. 's'. ` ��"'�n?�-'•'� Ifs petit on objecting to the establishment of.tie-proposed Special Service Area.the tax levy, "-5i .- gr.the imposition d a tax for the provision of special. tattle proposed Special Service ; a n `Area has been eigfed:by'at feast fifty one pereentl8INSof the electors residing within the pro- i'••••• '=' • t - ..yz .• -,'••.'`.,,,,f'.,-,''',..."•> ' •.1 Iposed Special Service Area,and by at teest fifty-one percent Si%of the owners of record of s,. 4 i r 5:11:'4-' s 1 the land Indudedwithxnthe boundaries of the proposed Special Service Area,and is filed with a • -�tit.ti w r r '4 the City of.Elgin City Clerk within sixty{60)days following the final adjournment of the ptibfe > ,. „;:;'Slit . hearing regarding Ste establishment 01 the proposed•Special Service.Area,no such Special 1 ,Service Area irraybe established ran any tax levieit,ot 3Jr88poeed.. ' ^` -4.4 '1 -.Dakadtlfa2ilhbyd +h200a..:... .:...:y:.;,,'. .:... .. .,...te, .e.:•,.,: .: ;?��: _ - _' � - y:. et. °3 Madison Ho .-,..�....� .......... :...:..... ^�;. . . t,= �;... ,_.:._...:_.._.,...._,_ .a ilia;.,:.... ... M..,.:+...< .. .. _ _a -. �• , Part of Lot 198 iii Valley Creek Unit 1,being a subdivisieri 1part of Section 9 Toiwishtp 41 • North,Range 8 East of the Third Principal Meridian,described asfollows:Begiroiing at the. Northwest coiner of said Lot 1;thence South 61 degrees 08 minutes 50 seconds East along • the North line of said lot,a distance of 386.93 feet measured(386.69 feet record)to agog In North line;thence South 89 degrees 59 minutes 09 seconds East.along said North rie 375.44 feet measured„(375.50 feet record),to the:Northeast corner of said lot;thence South 0 degrees 00minutes 15 seconds West along the East line of said lot,830.0 feet to the Southeast corner thereof;thence North 89 degrees 58 minutes 54 seconds West along the Sait h • line of said lot 33623 feet measured;(336.26 feet record)to the Northeasterly tine of Highland Avenue(being a log in said South line);thence North 65 degrees 23 minutes 01 seconds West along(he Northeasterly line of Highland Avenue and the Southwesterly line of said lot,a cis 151100.0f 208.59 feet thence North;38 degrees 10 minutes 06 seconds East 382.54 feet; - thenceNoith 14 degrees 31 rrirnutes 33 seconds West 239.37 feet;thence North 61 degrees. 08 minutes 49 seconds West 546.69 feet to the Southeasterly line of Trinity Terrace(also the Northwesterlylne:of said Lot 198);thence Northeasterly along said lot line being on a curve • to the lefthaving a radius of 754.54 feet,an arc distance of 131.35 feet(the chord of the last described curve bearing North 41 degrees 46 minutes 22 seconds East 131.18 feet);thence North 36 degrees 44 minutes 18 seconds East along said let line,44.56 feet to the point of be- gsing'uiroordaining 11.8587 acres la Kane county Illinois. ' • � ;, - v Suburban Chicago Newspapers •• • 0 :'CITY OF,ELGINt. =-x Certificates of Publication ISDN HOMES UBDIVISION State of Illinois—County of OCook [Kane ❑Lake ❑McHenry SPECIAL:SFRV.ICES.AREA . - ❑DuPage ❑ Will 1EBY<OIVEN.:.that onr:li ia lt7,8:1M ,`ial Nt.p.n(.111=1he.ciii;Counal it vic)..00ilsidoi.ine.wwwituseit e Suburban Chicago Newspapers does hereby certify it has published the attached �1 edin A:aliidt•sattactied tom '-�° "" advertisements in the following secular newspapers. All newspapers meet Illinois Compile t .3?,-... sa:_._z. :,s;;=.,,_*1,..,,,-,2 "_�'. -7n::-s v:7�r r,,,,�.., meatipkaf,ne: ooiiId4e :s4i;;,.41 is 26o H., i a: in. Statue requirements for publication of-Notices per Chapter 7.15 II CS 5/0.01 et seq.R.S. 18' litems.:lalote:Araaca+cateinaR '°at°"; > P728 Sec 1,l 'r.July 1, 1874.Amended By Laws 1959,P1494,and EFF.July 17,1959. bit bileferepc0*9 x fl ° ', FormerlyM.Rev.Stat. 1991,.CH100 Pl... �neaed py the d:t speaat.san8cehr.a opppportunirym be(tetudonihatrseiieardmay� to lie 1104,1 07 Note: Legal Notice appeared in the following checked positions. Sonoco Area andthe�levy Ming that Speciat�"►rea. : �r iehabl5ta¢on,replacement and{eCnnatrllCden Qt any alta PUBLICATION DATE(S): 74Z�/ To •Ataipageway,it 0. swede stormsewer orottiers**,..tertacrlity leg andottterconsu servfoea,surveyingandpennils,lxbllcuabyityri- *NnlstratNa,leget .other costs or expenses.Inanted E.dolt�ecgoti soial.iigatrel servlces� u s rwcea� • 1..--eio: i/1 io services genenaihr d ti+ lgiy4 N . affett 00.00464_ , witbeprp0ldedwrtitan-oppotteNtyl6.e,11 ardAttire, ' ' f the,, Service.Area will be consider Elie proposed?annual'tax doiOr Tehran.amount not to exceed anannual,rateof0.762.soffits . Ivalue-oflhe property"iiiIIin the'Proposed Spatial Service Area and the • ran kidefinite period of tine irom and atter the dale of tate orcpnartae es ptrService Area.Thesetaioas shall be m addition to ai otter taxes permit=, tiers d p s°arit ththepro0tsions of the propertyTax cede(351Lcs fl The Beacon News The Courier News r a'x s.arirdenaadso-oode Botox owoy St9 200 no:anrgralyy_or Ices'desr d.:above.The Cily of Elgin.;however;m ay annuatyIevy yrp.to • pe.ttedin7hordinanceestaastmgtheSpecialService Areabor'thecost 1 rrrpedabove as said necessaryandare 'dad try the: - ��� � � n* ❑ The Herald News ❑Lake County News-Sun aCeA,�ea shag:reme+rt abeyer+tsctd'eiisd taive epodorthy i trio.0301 ttie ter propertyownef.associatoiiresponsible :146-poperlyi4lihn the pro-, . 'ice Area#0is'to meritasi.epa75-'replace or payfof.thein+provements de-.` .. - xanyrelaiedcostilorltwgeknprovernents.50ostoiequ4athe d .-(rte rrrg ybea4orurnedbyt eCityCe ie°c ❑The Naperville Sun - latevvlMtouttur#rernotbo oatorttanairwtiattto be entered rtpdnnre ein- - ,binngtheelineand of risen :. sx 3 ,16, t3spe41at3�r�; t Weekly Papers . atatt Ioriheprovision al spo services to'the proposed speast Special ed atieasttidy-one percenti51%)of the doctors residing within thepro-, ❑ ice aridity at least�ifty cnepercent(51%i of the owner of record el Batavia Sun ablitLresbo�dara t proposed Special Sur vice Area,and Is fliedwpli1. yy, 1 following the fina,adyeumment of ttte.pubrc ❑Bolingbrook Sun he-o-oidt ahmeptot the proposed Special Service Area,no such Special . edi,9h3dnor *tax:leviedorlmtiosed s r-e 1 . l Jy,. , t 't : . ,,µ�.. � %t .y ❑Downers Grove Sun r 3: :- '.y tKaite p.bartgort c d v ❑Fox Valley Villages Sun 1,4 Exhu6�t.A � z �-V ❑ Geneva Sun 4r adiiaiaM Homes `r' r�..�r w ��� � El Glen Ellyn Sun - lInit1 a lofpart of SecYau TowrmNp41 t lh rte * l ir*. ❑ Homer Township/Lockport/Lemont Sun ; litterrc.dr SoI*10. d3,gree.:U6inksrma'Soa.00010FastBiofi1. tea aes.reaf measu . l recon .to a° ❑Lincoln Way Sun poi Sorrttt 89 degrees 5e tn"lnutes 05 tseconda said N - at,`(375.Sb,be'et record).to he Northeki0Arn r S said thence Sout lit .sec ods Woet along tite Eagt:'line of sa ti lot.830 0 feet to lite ❑Lisle Sun ar cotitrceNorih8gda�ees58minuiea.54secarids iii0i4the;attlt' Is t red 33&26leetrecord)tothe ofHig E. ❑Plainfield Sun IfriaaidSouttfine fhenne-North'65:Ic roes a ):seconds West- edy�eaHr td7ty aapdshesoutnwesterfyh ea{aetdta,aas- ❑St.Charles Sun e ,North38adegreea"t0 minutes 06 sewn s.East'38.5 ,feat; - lroes3lmin tea 33seconds Wes.239.37 fee Hort 6i e 4 • rod Wests4s 6-toot to the south castedy rune Toluca(a so.tfte- ❑Wheaton Sun Lot 198);therrce . strirly along said lot o being on a-curve //aadios of 754 S4 toet,,'arrarc distance of 13t.957eet(tate.chord cif the lest touts NortkOl degrees'm mrnute032iiiii *Pist?g3 to Cbhce Olin olai l8 secants East aiongsald iot8ne 443E teettol<te0610(0 l> IN WITNESS WHEREOF,the undersigned,being duly authorized,has caused this Certific x.9587acres1050nacounty1110p -ate ..r-.., ,,-r._ x� B r - to be signed and its official seal affixed at Aurora,Illinois. Exttlbit B . • "' ' 7:-41 "-r, i'i - ,gym +. _ r x 'a . .,*.-4".')+,��,,,,,,..f. _�:.-.... ,. —� :p►. "OFFICIAL SEAL" NOTARY ; Y WWR - �+ +tN r--"*.,,,,,,a,A., : ,ei>.,.' O KIMERY S FRANZEN -• h� �. a ;T_= :r . ruavas COMMISSION EXPIRES 1 7 4 -P . g-"-4:1' 1. I John G.Bieschke r& r_e�4 y i r. Legal Advertising Manager(Official Title) .'""1.'"-.4.''''. yet .Yr�nc " ' � is�, _ e '4,*71:.` " Subscribed and sworn to before me thio / Day. A.D._� A8 'r.r1totyc rn F'';'-:-Y.,- ,'- ''''';'.4.1.9,0,1t1PA'''Pl:7: ::. .at::'.:-...- 410 /"1-e..,1,7 ' Ai! Notary Public NOTICE OF HEARING CITY OF ELGIN MADISON HOMES SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on August 13, 2008, 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 2250 Highland Avenue in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the pro- posed Special Service Area is attached to and incorporated by reference into this notice as Ex- hibit 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 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 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 Area will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 0.762 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 establish- ing 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 $13,200.00 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 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 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, and 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 Ser- vice Area may be established nor any tax levied or imposed. Dated this 26th Day of July, 2008. Diane Robertson CITY CLERK Exhibit A Madison Homes Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Lot 1; thence South 61 degrees 08 minutes 50 seconds East along the North line of said lot, a distance of 386.93 feet measured (386.69 feet record), to a jog in said North line; thence South 89 degrees 59 minutes 09 seconds East along said North line 375.44 feet measured, (375.50 feet record), to the Northeast corner of said lot; thence South 0 degrees 00 minutes 15 seconds West along the East line of said lot, 830.0 feet to the Southeast corner thereof; thence North 89 degrees 58 minutes 54 seconds West along the South line of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly line of Highland Avenue (being a jog in said South line); thence North 65 degrees 23 minutes 01 seconds West along the Northeasterly line of Highland Avenue and the Southwesterly line of said lot, a distance of 208.59 feet; thence North 38 degrees 10 minutes 06 seconds East 382.54 feet; thence North 14 degrees 31 minutes 33 seconds West 239.37 feet; thence North 61 degrees 08 minutes 49 seconds West 546.69 feet to the Southeasterly line of Trinity Terrace (also the Northwesterly line of said Lot 198); thence Northeasterly along said lot line being on a curve to the left having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of the last described curve bearing North 41 degrees 46 minutes 22 seconds East 131.18 feet); thence North 36 degrees 44 minutes 18 seconds East along said lot line, 44.56 feet to the point of beginning, containing 8.9587 acres in Kane county, Illinois. A Exhibit B N 500 0 500 1000 Feet T. 41N. Madison Homes .014 II IF 1 . St. i 1 Territory of - it 7 4, SSA District ___/--- . 4 'I; ui As W al aii, 16 031 Exhibit C Madison Homes Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Lot 1;thence South 61 degrees 08 minutes 50 seconds East along the North line of said lot, a distance of 386.93 feet measured (386.69 feet record), to a jog in said North line; thence South 89 degrees 59 minutes 09 seconds East along said North line 375.44 feet measured, (375.50 feet record), to the Northeast corner of said lot; thence South 0 degrees 00 minutes 15 seconds West along the East line of said lot, 830.0 feet to the Southeast corner thereof; thence North 89 degrees 58 minutes 54 seconds West along the South line of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly line of Highland Avenue (being a jog in said South line); thence North 65 degrees 23 minutes 01 seconds West along the Northeasterly line of Highland Avenue and the Southwesterly line of said lot, a distance of 208.59 feet; thence North 38 degrees 10 minutes 06 seconds East 382.54 feet; thence North 14 degrees 31 minutes 33 seconds West 239.37 feet; thence North 61 degrees 08 minutes 49 seconds West 546.69 feet to the Southeasterly line of Trinity Terrace (also the Northwesterly line of said Lot 198); thence Northeasterly along said lot line being on a curve to the left having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of the last described curve bearing North 41 degrees 46 minutes 22 seconds East 131.18 feet); thence North 36 degrees 44 minutes 18 seconds East along said lot line, 44.56 feet to the point of beginning, containing 8.9587 acres in Kane county, Illinois. A Exhibit D Feetiiii T. 41N. Madison Homes . le 1,1 _ Territory of IASSA District , e Semi IV Iola cow iir , ,,.4,• sp .74,, rc l'Ilits . 4 k iiiii -la . ii, 11.1°. ill ff 1s KANE COUNTY CLERK TAX EXTENSION DEPARTMENT FILING RECEIPT 630/232-5965 DATE: UNIT OF GOVERNMENT: � • I PERSON FILING: ,[ /6(-1_e4.„74-,K2_/) Receipt of the following named item(s) is hereby acknowledged: By: "11 / 'C DEP CLERK KANE COUNTY