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Home My WebLink AboutT37-08 Ordinance No. T37-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE CREEKSIDE 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 gov- ernment 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 resolution be established as the Creekside Subdivision Special Service Area of the City of Elgin for the purposes described in this resolution (the "Special Service Area"); and WHEREAS, the approximate location of the proposed Special Service Area is 2700 Hopps 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 reso- lution 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 munici- pal 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, Illi- nois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incor- porated 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 r December 3, 2008, 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 terri- tory 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 resolution. 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 1.552 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 $45,203.00 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. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior rok to the public hearing in the Courier News, a newspaper of general circulation in the City of El- gin. 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 CREEKSIDE SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 3, 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 estab- lishment of a Special Service Area consisting of territory legally described in Ex- hibit A which is attached to and incorporated by reference into this notice. r 2 The approximate location of the proposed Special Service Area is 2700 Hopps Road in the City of Elgin, Kane County, Illinois. An accurate map depict- ing the location of the proposed Special Service Area is attached to and incorpo- rated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Spe- cial 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 to provide ser- vices 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 consult- ing services, surveying and permits, public liability insurance, and all administra- tive, 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 rbk proposed annual tax levy for the Special Service Area is in an amount not to ex- ceed an annual rate of 1.552 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite pe- riod of time from and after the date of the ordinance establishing the Special Ser- vice 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 $45,203.00 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 ser- vices become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Ser- vice Area shall remain abeyant and shall take effect only in the event the home- owners' 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 3 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 in- cluded 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 adjourn- ment 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 , 2008. 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 publi- cation in the manner provided by law. r Ed Schock, Mayor Presented: November 5, 2008 Passed: November 5, 2008 ..._F. l'. Vote: Yeas: 6 Nays: 0 � , Recorded: November 6, 2008 Q /y� Q Published: November 7, 2008 { +` Attest: ,,, .: P ��?�,` Diane Robertson, City • erk r 4 Exhibit A Creekside That part of the northeast quarter of Section 32, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the northwest corner of said northeast quarter; thence north 88 degrees 46 minutes 38 seconds east, along the north line of said Section 32, 616.62 feet, to an iron rod; thence south 00 degrees 17 minutes 02 seconds west along the east line as staked and occupied, 1371.04 feet, to the northerly right of way line of Hopps Road; thence south 89 degrees 06 minutes 34 seconds west along said centerline, 519.75 feet to the northeasterly line of a tract of land conveyed to Commonwealth Edison Company by Document 1317099; thence north 63 degrees 17 minutes 30 seconds west along said northeasterly line 96.05 feet, to the west line of said northeast quarter of Section 32; thence north 0 degrees 01 minutes 19 seconds west along said west line 1322.84 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. 5 ligal October 16, 2008 Yr TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Lydia Treganza, Associate Planner SUBJECT: Ordinance Initiating Hearing Procedure for Creating "Backup" Special Service Areas for Stormwater Management Facilities within the Castle Creek and Creekside Subdivisions PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information on the ordinance initiating the hearing procedure for creating "backup" special service areas for the stormwater management facilities within the Castle Creek and Creekside Subdivisions. RECOMMENDATION It is recommended that the City Council approve the proposed ordinance initiating the hearing procedure for creating "backup" special service areas for the stormwater management facilities in the referenced subdivisions with the recommended annual tax levy. BACKGROUND Stormwater Management Ordinance's Special Service Area Requirements In December 2001, the City Council adopted by reference the Kane County Stormwater Management Ordinance as the stormwater management ordinance of the City (Ordinance No. G80-01). Adopting the Kane County Stormwater Management Ordinance enabled the City to continue issuing stormwater development permits for construction within the City rather than ceding that permitting authority to Kane County. The stormwater ordinance states that unless the maintenance responsibility for the stormwater drainage system and special management areas to be constructed, installed or preserved in connection with a development has been or will be accepted as public improvements by the City, a special service area must be established either as the primary means of providing for the long term maintenance of the facilities or as a backup vehicle in the event the party designated as having primary maintenance responsibility fails to adequately carry out its duties. The stormwater management ordinance requires the developer to consent to the establishment of any such special service area as a condition to the approval of any development application requiring a stormwater management permit. Ordinance Establishing Backup Special Service Area Hearing October 16, 2008 Page 2 41) Creating "Backup"Special Service Areas for Stormwater Management The "Special Service Area Tax Law" (SSA Tax Law) (35 ILCS 200 27-5 et seq.) generally authorizes units of local government to levy or impose taxes at different rates upon persons or property within its boundaries in order to pay off the indebtedness for a capital improvement or to pay the operational cost of providing some special service. For purposes of the special service area contemplated by the stormwater management ordinance, the City's estimated costs for providing the services shall be paid by the levy of a direct annual ad valorem (according to value) tax 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 the enabling ordinance. When creating a "backup" special service area, the ad valorem property taxes shall not be levied or take effect unless 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 stormwater management improvements and/or any related costs for those improvements so as to require the city to assume those responsibilities; hence the term "backup" special service area. The first step in creating a backup special service area is for the City Council to pass an ordinance (1) proposing the establishment of the designated special service area, and (2) providing for a public hearing on the matter. The ordinance must legally describe the property that will be located within the proposed special service areas and must also provide a map depicting the location of the proposed areas along with the commonly known locational description of the proposed areas. The ordinance must also specify the date for the public hearing and provide the form of the public notice for the public hearing that will be mailed to the interested property owners and also published in a local newspaper. The attached ordinances are proposing the establishment of special service areas for the stormwater management facilities in the referenced subdivisions. The ordinances provide that the public hearings on the proposed special service areas will occur on December 3, 2008, at 7:00 p.m. The public hearings will be conducted in conjunction with the regularly scheduled City Council meeting scheduled at that time. Notice of the public hearing must also be published in either the Courier News or the Daily Herald at least once not less than fifteen (15) days prior to the public hearing. The SSA Tax Law requires the City to make a good faith estimate of the tax rate required to produce a tax to be levied upon all the taxable property within the proposed special service areas that is sufficient to cover the expected long-term maintenance costs of the facilities. These figures have been incorporated into the ordinances establishing the hearings to consider the creation of the proposed backup special service areas. Public Hearing for "Backup"Special Service Area The public hearing regarding the establishment of the proposed special service areas must allow any interested person to file written objections with the City Clerk and to be heard orally at the hearing (SSA Tax Law, Section 27-35). The public hearing must be conducted by the City Council and as noted above, may be scheduled to take place as part of a regularly scheduled City ' Council meeting. The hearing may be adjourned by the City Council to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time Ordinance Establishing Backup Special Service Area Hearing October 16, 2008 01.1/4 Page 3 and place of its adjournment. As stated above, the ordinances provide that the public hearings on the proposed special service areas will occur on December 3, 2008, at 7:00 p.m. Objection Petition to "Backup"Special Service Area If a petition objecting to the establishment of a proposed special service area, the tax levy, or the imposition of a tax for the provision of special services to a 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 signed 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 Clerk within sixty (60) days following the final adjournment of the public hearing, the proposed special service area may not be established nor any tax levied or imposed (SSA Tax Law, Section 27-55). Ordinance Establishing "Backup"Special Service Area The City may adopt ordinances creating the backup special service areas not less than sixty (60) days following the final adjournment of the public hearing provided a valid objection petition has not been filed. The City Clerk is then required to file a certified copy of the ordinances, including their exhibits, in the office of the County Clerk and in the office of the County Recorder following their passage and approval. The ordinances adopting the backup special service areas may be approved by the City Council on February 11, 2009. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The fiscal services director has determined the proposed annual tax levy for the backup special service areas is sufficient to provide for the estimated annual maintenance costs for the stormwater management facilities within the developments. The proposed annual tax levy for the Castle Creek Subdivision Special Service Area is in an amount not to exceed an annual rate of 2.181 cents per $100 of the equalized assessed value of the property within the proposed Special Service Area. The tax levy is intended to produce approximately$89,620 annually for the cost of the maintenance services. The proposed annual tax levy for the Creekside Subdivision Special Service Area is in an amount not to exceed an annual rate of 1.552 cents per $100 of the equalized assessed value of the property within the proposed Special Service Area. The tax levy is intended to produce approximately$45,203 annually for the cost of the maintenance services. LEGAL IMPACT Ordinances establishing the backup special service areas must be drafted in the event the City Council decides to create the backup special service areas. Ordinance Establishing Backup Special Service Area Hearing October 16, 2008 Page 4 4115 ALTERNATIVES 1. The City Council may choose to increase the proposed annual tax levy for the backup special service areas. 2. The City Council may choose to reduce the proposed annual tax levy for the backup special service areas. Respectfully submitted for Council consideration. LMT Attachments I I