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T20-04 t Ordinance No. T20-04 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE PROVIDENCE AND REMINGTON AT PROVIDENCE SUBDIVISIONS SPECIAL SERVICE AREA IN THE CITY OF ELGIN 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 Providence and Remington at Providence Subdivisions Special Service Area of the City of Elgin for the purposes described in this resolution (the "Special Ser- vice Area"); and WHEREAS, the approximate location of the proposed Special Service Area is 3201 Wa- ter 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 resolu- tion 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 November 3, 2004, 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 0.457 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 $318,300.00 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. Not- withstanding 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 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 PROVIDENCE AND REMINGTON AT PROVIDENCE SUBDIVISIONS SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on November 3, 2004, 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. 2 The approximate location of the proposed Special Service Area is 3201 Water 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 in- corporated 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 provide services including the operation, maintenance, repair, rehabilitation, replacement and re- construction of any site runoff storage area, drainageway, 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 proposed annual tax levy for the Special Service Area is in an amount not to ex- ceed an annual rate of 0.457 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 $318,300.00 annually for the cost of the services described above. The City of El- gin, however, may annually levy up to the maximum rate specified in the ordi- nance 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 pro- posed 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, re- place 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 responsi- bilities. 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 13 of October, 2004. 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. E• Sch• •, !ayor Presented: October 13, 2004 Passed: October 13, 2004 Vote: Yeas: 6 Nays: 0 Recorded: October 14, 2004 Published: Attest: ___Ig41 /26.Afeade ------- Dolonna Mecum, City Clerk rik 4 Exhibit A THAT PART OF SECTIONS 17, 18, 19 AND 20 IN TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF THE EAST HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL ME- RIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19 AS ESTABLISHED PER DOCU- MENT 90K58882; THENCE SOUTH 39 DEGREES 03 MINUTES 41 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 1,296.90 FEET; THENCE SOUTH 42 DEGREES 01 MINUTES 43 SECONDS WEST, 2,061.07 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF WATER ROAD; THENCE NORTH 53 DE- GREES 18 MINUTES 34 SECONDS WEST ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE, 254.76 FEET; THENCE NORTH 54 DEGREES 58 MINUTES 56 SECONDS WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, 822.60 FEET TO THE EASTERLY LINE OF THE PROPERTY DESCRIBED IN DEED RECORDED AS DOCU- MENT 90K01922; THENCE SOUTH 41 DEGREES 11 MINUTES 57 SECONDS WEST ALONG SAID EASTERLY LINE 33.19 FEET TO THE CENTERLINE OF WATER ROAD; (THE FOLLOWING 4 COURSES ARE ALONG SAID CENTERLINE) THENCE NORTH 54 DEGREES 58 MINUTES 56 SECONDS WEST, 272.37 FEET; THENCE NORTH 58 DE- GREES 00 MINUTES 28 SECONDS WEST, 415.26 FEET; THENCE NORTH 60 DEGREES 08 MINUTES 28 SECONDS WEST, 349.20 FEET; THENCE NORTH 59 DEGREES 08 MIN- UTES 28 SECONDS WEST, 343.65 FEET TO THE WEST LINE OF THE SOUTHEAST rim QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 05 MINUTES 09 SEC- ONDS WEST ALONG SAID WEST LINE, 1,207.81 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 19 AS PER DOCUMENT 90K58884; THENCE NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 A DISTANCE OF 1,318.70 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER PF SAID SECTION 19; THENCE NORTH 00 DEGREES 07 MINUTES 40 SEC- ONDS WEST ALONG SAID WEST LINE, 1,607.80 FEET; THENCE NORTH 50 DEGREES 46 MINUTES 33 SECONDS WEST, 779.20 FEET; THENCE NORTH 35 DEGREES 46 MIN- UTES 26 SECONDS EAST, 1,338.38 FEET; THENCE NORTH 49 DEGREES 07 MINUTES 15 SECONDS WEST, 677.41 FEET; THENCE SOUTH 40 DEGREES 32 MINUTES 50 SEC- ONDS WEST, 3,428.26 FEET; THENCE NORTH 49 DEGREES 31 MINUTES 14 SECONDS WEST, 905.83 FEET TO THE CENTERLINE OF NESTLER ROAD; THENCE NORTH 40 DEGREES 34 MINUTES 47 SECONDS EAST ALONG SAID CENTERLINE, 3,469.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE, 33.91 FEET TANGENT TO THE LAST DESCRIBED COURSE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 4,680.66 FEET THE CHORD OF SAID CURVE BEARING NORTH 40 DEGREES 22 MINUTES 20 SECONDS EAST; THENCE SOUTH 69 DEGREES 05 MINUTES 58 SEC- ONDS EAST, 1,551.43 FEET TO THE WESTERLY LINE OF PROPERTY AS DESCRIBED IN DEED RECORDED AS DOCUMENT 1015195; THENCE NORTH 20 DEGREES 54 MINUTES 29 SECONDS EAST ALONG SAID WESTERLY LINE, 2,619.36 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 20, SAID LINE BEING 40 FEET SOUTHERLY AN PARALLEL WITH THE CENTERLINE OF ILLINOIS ROUTE 20 AS PER DOCUMENT 95K039586 AS MEASURED AT RIGHT ANGLES THERETO; 5 THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 173.25 tow FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2,905.00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 70 DEGREES 54 MINUTES 23 SECONDS EAST; THENCE SOUTH 72 DEGREES 36 MINUTES 54 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TANGENT TO THE LAST DESCRIBED COURSE, 1,983.21 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 39 SECONDS EAST ALONG SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 20 AS DEDICATED PER DOCUMENT 920696, A DISTANCE OF 289.46 FEET (THE FOLLOWING 4 COURSES ARE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE); THENCE SOUTH 71 DEGREES 39 MINUTES 02 SECONDS EAST, 100.35 FEET; THENCE NORTH 70 DEGREES 53 MIN- UTES 11 SECONDS EAST, 299.87 FEET; THENCE SOUTHEASTERLY, 109.64 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22,844.30 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 72 DEGREES 21 MINUTES 02 SECONDS EAST, THENCE SOUTH 72 DEGREES 21 MINUTES 02 SECONDS EAST; THENCE SOUTH 51 DEGREES 45 MINUTES 52 SECONDS EAST, 220.21 FEET TO THE WESTERLY LINE OF WILLIAMSBURG GREEN UNIT NO.1; THENCE SOUTH 43 DEGREES53 MINUTES 14 SECONDS WEST ALONG THE WESTERLY LINE OF WILLIAMSBURG GREEN UNIT NO. 1 AND WILLIAMSBURG GREEN UNIT NO. 2, A DISTANCE OF 2,405.84 FEET; THENCE SOUTH 44 DEGREES 04 MINUTES 45 SECONDS WEST ALONG THE WEST- ERLY LINE OF WILLIAMSBURG GREEN UNIT NO.3, A DISTANCE OF 1,821.42 FEET TO THE WESTERLY LINE OF WILLIAMSBURG UNIT NO. 3 THENCE SOUTH 00 DE- GREES 06 MINUTES 48 SECONDS EAST ALONG THE WESTERLY LINE OF WIL- oh, LIAMSBURG UNIT NO. 3 AND WILLIAMSBURG UNIT NO. 4, A DISTANCE OF 2,109.54 FEET TO THE AFOREMENTIONED SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89 DEGREES 54 MINUTES 09 SECONDS EAST ALONG SAID SOUTH LINE, 2.61 FEET TO THE POINT OF BEGINNING (EXCEPTING THERE- FROM A 66.00 FEET WIDE STRIP OF LAND AS DESCRIBED IN DEED RECORDED FEBRUARY 19, 1966 AS DOCUMENT 1063814), IN KANE COUNTY. t" 6