HomeMy WebLinkAboutT39-08 a
Ordinance No. T39-08
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
OAK RIDGE PHASE 1 AND PHASE 2 SUBDIVISION
SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS
AND PROVIDING FOR A PUBLIC HEARING
AND OTHER RELATED PROCEDURES
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(1) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, it is in the public interest that the area legally described in Exhibit A to this
ordinance be established as the Oak Ridge Phase 1 and Phase 2 Subdivision Special Service Area
of the City of Elgin for the purposes described in this ordinance (the "Special Service Area");
and
WHEREAS, the approximate location of the proposed Special Service Area is 1700 Villa
Street in the City of Elgin, Cook County, Illinois. An accurate map depicting the location of the
proposed Special Service Area is attached to and incorporated by reference into this ordinance as
Exhibit B.
WHEREAS, the Special Service Area is compact and contiguous and entirely located
within the boundaries of the City; and
WHEREAS, the Special Service Area will benefit specially from the municipal services
to be provided by the City and that said municipal services are unique and in addition to
municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best
interests of the Special Service Area and the City of Elgin as whole that special taxes be levied
against the Special Service Area for the services to be provided be considered at a public
hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin,
Illinois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this text as if set out herein in full.
Section 2. That a public hearing shall be held by the City Council of the City of Elgin on
December 17, 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
territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both
exhibits being attached to and incorporated by reference into this ordinance.
At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax
levy for the Special Service Area is in an amount not to exceed an annual rate of .735 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 $55,298.00 annually for the cost of
the services described above. The City of Elgin, however, may annually levy up to the maximum
rate specified in the ordinance establishing the Special Service Area for the cost of the services
described above as said services become necessary and are provided by the City of Elgin.
Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special
Service Area shall remain abeyant and shall take effect only in the event the homeowners' or
other property owner association responsible for the property within the proposed Special
Service Area fails to maintain, repair, replace or pay for the improvements described above
and/or any related costs for those improvements, so as to require the City of Elgin to assume
those responsibilities.
Notice of the public hearing shall be published at least once not less than fifteen (15) days prior
to the public hearing in the Courier News, a newspaper of general circulation in the City of
Elgin. Additionally, notice of the public hearing by mail shall be provided with the public
hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set
for the public hearing. The notice of public hearing shall be addressed to the person or persons in
whose name the general taxes for the last preceding year were paid on each lot, block, tract or
parcel of land lying within the Special Service Area, and in the event taxes for the last preceding
year were not paid, the notice of the Hearing was sent to the person or persons last listed on the
tax rolls prior to that year as the owner or owners of said property.
The notice of the public hearing shall substantially be in the following form:
NOTICE OF HEARING
CITY OF ELGIN
OAK RIDGE PHASE 1 AND PHASE 2 SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on December 17, 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.
2
The approximate location of the proposed Special Service Area is
1700 Villa Street in the City of Elgin, Cook County, Illinois. An accurate map
depicting the location of the proposed Special Service Area is attached to and
incorporated by reference into this notice as Exhibit B.
All interested persons affected by the proposed establishment of the
Special Service Area will be provided with an opportunity to be heard on that
issue and may object to the establishment of the Special Service Area and the tax
levy affecting that Special Service Area.
The purpose for establishing the Special Service Area is 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 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 0.735 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
$55,298.00 annually for the cost of the services described above. The City of
Elgin, however, may annually levy up to the maximum rate specified in the
ordinance establishing the Special Service Area for the cost of the services
described above as said services become necessary and are provided by the City
of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and
the proposed Special Service Area shall remain abeyant and shall take effect only
in the event the homeowners' or other property owner association responsible for
the property within the proposed Special Service Area fails to maintain, repair,
replace or pay for the improvements described above and/or any related costs for
those improvements, so as to require the City of Elgin to assume those
responsibilities. The hearing may be adjourned by the City Council of the City of
Elgin to another date without further notice other than a motion to be entered
upon the minutes of its meeting fixing the time and place of its adjournment.
3
If a petition objecting to the establishment of the proposed Special Service
Area, the tax levy, or the imposition of a tax for the provision of special services
to the proposed Special Service Area that has been signed by at least fifty-one
percent (51%) of the electors residing within the proposed Special Service Area,
and by at least fifty-one percent (51%) of the owners of record of the land
included within the boundaries of the proposed Special Service Area, is filed with
the City of Elgin City Clerk within sixty (60) days following the final
adjournment of the public hearing regarding the establishment of the proposed
Special Service Area, no such Special Service Area may be established nor any
tax levied or imposed.
Dated this l9 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
publication in the manner provided by law.
d Schock, Mayor
Presented: November 19, 2008
Passed: November 19, 2008
-Jr Vote: Yeas: 5 Nays: 0 \\ <C ..
Recorded: November 20, 2008 ♦�,,,T y1
Published: ,
Attest: • \l!lj::' _>
Diane Robertson, City Crk
4
Exhibit A
OAK RIDGE PHASE 1 AND PHASE 2
That Part of the Southeast 1/4 of Section 20, Township 41 North, Range 9 East of the Third
Principal Meridian Described as Follows: Commencing at the Point of Intersection of the
Easterly Right of Way Line of the Elgin, Joliet and Eastern Railroad Property and the Southerly
Line of Lot "C" in the Plat Filed with Commissioner's Report in Partition in Case Number 19700
in the Circuit Court of Cook County, Illinois; Thence South 83 Degrees 00 Minutes 00 Seconds
East Along Said Southerly Line a Distance of 998.45 Feet to the Northeast Corner of Lot 17 in
County Clerk's Division of Section 20, According to the Plat Thereof Recorded May 31, 1895 as
Document 2227309 for the Point of Beginning; Thence South 32 Degrees 26 Minutes 56
Seconds East Along the Southwesterly Line of Sherwood Oaks Unit 3, a Subdivision of Part of
the East 1/2 of Section 20, Township 41 North, Range 9 East as Aforesaid Recorded March 5,
1963 as Document 18735064 and Along the Southwesterly Line of Sherwood Oaks Unit 1 a
Subdivision of Part of Section 20 and 21 Township 41 North, Range 9 East, as Aforesaid
Recorded November 16, 1956 as Document 16757387, a Distance of 1639.47 Feet to the Most
Southerly Corner of Friar Tuck Drive in Said Sherwood Oaks Unit 1; Thence South 58 Degrees
25 Minutes 10 Seconds West Along the Northwesterly Line of Sherwood Oaks Unit 6
Subdivision of Part of Said Sections 20 and 21, According to the Plat Thereof Recorded
November 10, 1977 as Document 24188979 and Said Northwesterly Line Extended a Distance
of 1260.20 Feet: Thence South 59 Degrees 31 Minutes 38 Seconds West Along the Southeasterly
Line of Said Lot 17 a Distance of 508.78 Feet to the Northerly Line of U.S. Route 20 (Lake
Street) as Dedicated by Document 9171745; Thence North 58 Degrees 30 Minutes 10 Seconds
West Along Said Northerly Line a Distance of 42.47 Feet to a Point of Curvature; Thence
Continuing Northwesterly Along Said Northerly Line Being the Arc of a Circle having a Radius
of 2321.83 Feet an Arc Distance of 484.97 Feet to the Northerly Line of U.S. Route 20( Lake
Street) as Widened by Document Number 11165591; Thence North 64 Degrees 28 Minutes 54
Seconds West Along Said Northerly Line a Distance of 129.48 Feet; Thence North 53 Degrees
45 Minutes 00 Seconds East a Distance of 690.48 Feet; Thence North 22 Degrees 30 Minutes 00
Seconds East a Distance 1739.10 Feet to the Point of Beginning, Excepting Therefrom all that
Part of Hilliard Drive and Galt Boulevard, as Dedicated by "Oakridge Commercial Park"
Subdivision
and also Excepting the Following Three Parcels:
Parcel No. 1
That Part of the Southeast 1/4 of Section 20, Township 41 North, Range 9 East of the Third
Principal Meridian, Described as Follows: Beginning at the Point of Intersection of the
Southwesterly Line of Galt Blvd. with the Northwesterly Line of Hilliard Drive, Heretofore
r Dedicated by Oak Ridge Commercial Park, Recorded as Document 88559121; Thence South 29
5
r Degrees, 30 Minutes, 21 Seconds West Along Said Northwesterly Line, a Distance of 237.35
Feet, to the Northerly Line of U. S. Route 20 (Lake Street) as Dedicated by Document
#9171745; Thence Northwesterly, Along Said Northerly Line, Being the Arc of a Circle, Having
a Radius of 2321.83 Feet, Whose Center Lies Southwesterly, an Arc Distance of 364.28 Feet, to
the Most Easterly Corner of a Tract of Land Acquired for the Widening of Said U. S. Route 20
(Lake Street), by Document #11165591; Thence North 64 Degrees, 28 Minutes, 54 Seconds
West, Along the Northerly Line of Said U. S. Route 20, as Widened by Document #11165591, a
Distance of 129.48 Feet, to the Most Southerly Corner of Lot 1 in Said Oak Ridge Commercial
Park; Thence North 53 Degrees, 45 Minutes, 00 Seconds East, Along the Southeasterly Line of
Said Lot 1, a Distance of 308.30 Feet, to the Most Easterly Corner of Said Lot 1 and to the
Southwesterly Line of Said Galt Blvd; Thence South 60 Degrees, 29 Minutes 39 Seconds East,
Along Said Southwesterly Line, a Distance of 364.80 Feet, to the Point of Beginning; all in
Hanover Township, Cook County, Illinois.
Parcel No 2:
That Part of the Southeast 1/4 of Section 20, Township 41 North, Range 9 East of the Third
Principal Meridian, Described as Follows: Beginning at the Point of Intersection of the
Northeasterly Line of Galt Blvd. with the Southeasterly Line of Hilliard Drive, Heretofore
Dedicated by OakRidge Commercial Park, Recorded as Document 88559121; Thence South 60
Degrees, 29 Minutes, 39 Seconds East, a Distance of 259.87 Feet, to the Southeasterly Line of
Lot 17 in County Clerk's Division of Said Section 20, According to the Plat Thereof Recorded
May 31, 1895 as Document 2227309; Thence South 59 Degrees, 31 Minutes, 38 Seconds West,
Along the Southeasterly Line of Said Lot 17 a Distance of 353.27 Feet to the Northerly Line of
U. S. Route 20 (Lake Street) as Dedicated by Document # 9171745: Thence North 58 Degrees,
30 Minutes, 10 Seconds West Along Said Northerly Line, a Distance of 42.47 Feet, to a Point of
Curvature, Thence Continuing Northwesterly, Along said Northerly Line, Being the Arc of a
Circle, Having a Radius of 2321.83 Feet, Whose Center Lies Southwesterly, an Arc Distance of
40.69 Feet, to the Southeasterly Line of Said Hilliard Drive: Thence North 29 Degrees, 30
Minutes, 21 Seconds East, Along Said Southeasterly Line, a Distance of 303.35 Feet, to the Point
of Beginning, all in Hanover Township, Cook County, Illinois.
Parcel No. 3:
That Part of the Southeast 114 of Section 20, Township 41 North, Range 9 East of the Third
Principal Meridian, Described as Follows: Beginning at the Northeast Corner of Lot 17 in
County Clerk's Division of Section 20, According to the Plat Thereof Recorded May 31, 1895 as
Document 2227309; Thence South 32 Degrees, 26 Minutes 56 Seconds East Along the
Southwesterly Line of Sherwood Qaks Unit 3 a Subdivision of Part of the East 1/2 of Section 20,
Township 41 North, Range 9 East as Aforesaid Recorded March 5, 1963 as Document 18735064
and Sherwood Oaks Unit No. 1 a Subdivision of Part of Section 20 and 21, Township 41 North,
Range 9 East as Aforesaid Recorded November 16, 1986 as Document 16757687, for a Distance
of 1094.52 Feet: Thence South 58 Degrees 24 Minutes 51 Seconds West for a Distance of 150.03
Feet; Thence South 31 Degrees 35 Minutes 09 Seconds East for a Distance of 1.02 Feet; Thence
South 58 Degrees 24 Minutes 51 Seconds West for a Distance of 540.50 Feet; Thence Along a
r Curve to the Left having a Radius of 230.00 Feet and an Arc Distance of 158.03 Feet; Thence
6
North 70 Degrees 57 Minutes 15 Seconds West for a Distance of 25.10 Feet; Thence North 54
Degrees 46 Minutes 57 Seconds West for a Distance of 79.87 Feet; Thence North 09 Degrees 46
Minutes 57 Seconds West for a Distance of 21.21 Feet; Thence North 61 Degrees 45 Minutes 57
Seconds West for a Distance of 41.11 Feet; Thence South 22 Degrees 29 Minutes 41 Seconds
West for a Distance of 208.23 Feet; Thence North 67 Degrees 29 Minutes 49 Seconds West for a
Distance of 109.37 Feet Thence North 22 Degrees 29 Minutes 41 Seconds East for a Distance of
151.16 Feet; Thence North 67 Degrees 30 Minutes 19 Seconds West for a Distance of 183.92
Feet; Thence North 22 Degrees 30 Minutes 00 Seconds East for a Distance of 1358.19 Feet, to
the Point of Beginning all in Hanover Township, Cook County Illinois.
Outlots D and E of Oak Ridge Phase 1, Being a Subdivision of Part of the Southeast 1/4 of
Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, and Part of the
Southeast 1/4 of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian,
Described as Follows: Beginning at the Northeast Corner of Lot 17 in County Clerk's Division of
Section 20, According to the Plat Thereof Recorded May 31, 1895 as Document 2227309:
Thence South 32 Degrees 26 Minutes 56 Seconds East Along the Southwesterly Line of
Sherwood Oaks Unit 3 a Subdivision of Part of the East 1/2 of Section 20, Township 41 North,
Range 9 East as Aforesaid Recorded March 5, 1963 as Document 18735064 and Sherwood Oaks
Unit No. 1 a Subdivision of Part of Sections 20 and 21, Township 41 North, Range 9 East as
Aforesaid Recorded November 16, 1986 as Document 16757387, for a Distance of 1094.52 Feet;
Thence South 58 Degrees 24 Minutes 51 Seconds West for a Distance of 150.03 Feet; Thence
South 31 Degrees 35 Minutes 09 Seconds East for a Distance of 1.02 Feet; Thence South 58
Degrees 24 Minutes 51 Seconds West for a Distance of 540.50 Feet; Thence Along a Curve to
elk the Left having a Radius of 230.00 Feet and an Arc Distance of 158.03 Feet; Thence North 70
Degrees 57 Minutes 15 Seconds West for a Distance of 25.10 Feet; Thence North 54 Degrees 46
Minutes 57 Seconds West for a Distance of 79.87 Feet; Thence North 09 Degrees 46 Minutes 57
Seconds West for a Distance of 21.21 Feet; Thence North 61 Degrees 45 Minutes 57 Seconds
West for a Distance of 41.11 Feet; Thence South 22 Degrees 29 Minutes 41 Seconds West for a
Distance of 208.23 Feet; Thence North 67 Degrees 29 Minutes 49 Seconds West for a Distance
of 109.37 Feet; Thence North 22 Degrees 29 Minutes 41 Seconds East for a Distance of 151.16
Feet; Thence North 67 Degrees 30 Minutes 19 Seconds West for a Distance of 183.92 Feet;
Thence North 22 Degrees 30 Minutes 00 Seconds East for a Distance of 1358.19 Feet, to the
Point of Beginning; All in Hanover Township, Cook County, Illinois.
7
N
' A Exhibit B
1000 0 1000 Feet
T. 41 N. Oak Ridge Phase 1 & Phase 2
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