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HomeMy WebLinkAboutT21-10 (2) Ordinance No. T21-10 AN ORDINANCE PROPOSING THE AMENDED FOY PROPERTY (SANDY CREEK ESTATES SUBDIVISION) SPECIAL SERVICE AREA (SSA#26) 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, on October 25, 2006, the City Council of the City of Elgin adopted Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property Subdivision Special Service Area of Elgin. Illinois (#SSA 18) and providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area and was thereafter recorded with the Kane County Recorder on December 28, 2006 as Document No. 2006K140483; and WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener's error in the legal description set forth therein pursuant to Ordinance No. T28-08 and was thereafter recorded with the Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and WHEREAS, it is the intention of the City of Elgin to amend Ordinance T28-08 to create two separate and discrete special service areas for the Highland Woods Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates Subdivision; and WHEREAS, it was the intention of the City Council of the City of Elgin for the Special Service Area for the Sandy Creek Estates Subdivision to follow the subdivision boundaries of the Sandy Creek Estates Subdivision and it is necessary and desirable to amend Ordinance T28-08 to create such special service area as described in the legal description in Exhibit A thereto. WHEREAS, the amended Sandy Creek Estates Subdivision Special Service Area (SSA#26) is compact and contiguous and entirely located within the boundaries of the City; and WHEREAS, the amended 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 April 28, 2010, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of the amended 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 resolution. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed amended 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 amended 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 $386.100.00 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 amended 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 amended 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 amended 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 amended 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 SANDY CREEK ESTATES SUBDIVISION (FOY PROPERTY) AMENDED SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 28, 2010, 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 an amended 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 Amended Special Service Area is 3350 U.S. Route 20 in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Amended 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 Amended Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Amended Special Service Area and the tax levy affecting that Amended Special Service Area. The purpose for establishing the Amended 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 Amended 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 Amended Special Service Area is in an amount not to exceed an annual rate of 0.517 of the equalized assessed value of the property within the proposed Amended 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 Amended 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 $386.100.00 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 Amended 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 Amended 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 Amended 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 Amended Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Amended Special Service Area that has been signed by at least fifty-one percent (51%) of the electors residing within the proposed Amended 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 Amended 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 Amended Special Service Area. no such rik Amended Special Service Area may be established nor any tax levied or imposed. Dated this Day of , 2010. CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. r Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Schoc , Mayor Presented: March 31, 2010 � -OF F Passed: March 31, 2010 Vote: Yeas: 6 Nays: 0 f' Recorded: April 1, 2010 Published: Si Attest: M 7"` •� ��- - • \ ‘V ls-WG— Diane Robertson, City C erk r r Exhibit A Legal Description for the Sandy Creek Estates Subdivision (Foy Property) Special Service Area of Elgin, Illinois (SSA #26) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 18 TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 21 DEGREES WEST 6.70 CHAINS TO THE CENTER OF THE STATE ROAD; THENCE SOUTH 64 DEGREES 5 MINUTES EAST ALONG THE CENTER OF SAID ROAD 17.50 CHAINS; THENCE NORTH 21 DEGREES EAST 41.68 CHAINS; THENCE SOUTH 80 3/4THS DEGREES EAST 11.41 CHAINS TO THE EAST LINE OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13.01 CHAINS TO A POINT 3.24 CHAINS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 83 DEGREES WEST 20.16 CHAINS TO THE WEST LINE OF THE EAST HALF OF SAID SOUTH EAST QUARTER OF SECTION 7; THENCE SOUTH ALONG SAID WEST LINE 12.04 CHAINS TO A POINT 6.65 CI-IAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7: THENCE SOUTH 43 1/4 DEGREES WEST 9.12 CHAINS TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7 AFORESAID, 6.22 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER, 5.44 CHAINS; THENCE SOUTH 21 DEGREES WEST 21.25 CHAINS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOW DESCRIBED TRACT, THAT PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 89 DEGREES 55 MINUTES 18 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) ALONG THE NORTH LINE OF SAID QUARTER-QUARTER , 1319.05 FEET TO THE EAST LINE OF SAID QUARTER-QUARTER; THENCE SOUTH 00 DEGREES 08 MINUTES 39 SECONDS EAST ALONG SAID EAST LINE, 400.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85 DEGREES 44 MINUTES 47 SECONDS EAST, 161.14 FEET; THENCE SOUTH 23 DEGREES 53 MINUTES 29 SECONDS EAST, 345.44 FEET; THENCE SOUTH 21 DEGREES 15 MINUTES 29 SECONDS WEST. 1240.00 FEET; THENCE SOUTH 64 DEGREES 03 MINUTES 02 SECONDS WEST, 507.30 FEET; THENCE NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450.00 FEET; THENCE NORTH 20 DEGREES 41 MINUTES 33 SECONDS EAST. 814.12 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED QUARTER-QUARTER: THENCE NORTH 89 DEGREES 42 MINUTES 13 SECONDS EAST, 359.04 FEET ALONG SAID SOUTH LINE; THENCE '` NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601.76 FEET TO THE • • AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 39 SECONDS WEST, 485.77 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. r r . . A Exhibit B N 00 0 1000 Feet Sandy Creek Estates (Foy Property) T. 41 N. T. 41 N. 6 5 Pal illy .. 4'4IZ' 1111111 • A‘ oh" ‘14IIIIIIMIll a5 Territory of Sandy Creek Estates (Foy Property) " SSA District 12 8 I c co N �. O 6i NIA __ � V i :, 4* f ... „,! z %ttio4444to 1 „...i. , ,r • lir ♦ ■ rang ..._ AlwAdAama '