T23-04 Ordinance No. T23-04
AN ORDINANCE
ESTABLISHING THE
PROVIDENCE AND REMINGTON AT PROVIDENCE SPECIAL SERVICE AREA
OF ELGIN, ILLINOIS
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 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
ordinance be established as the Providence and Remington at Providence 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 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; and
WHEREAS, the cost of the City providing the services shall be paid by the levy of a di-
rect 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 subse-
quent 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. T20-04, entitled "An Ordinance Propos-
ing the Establishment of the Providence and Remington at Providence Subdivisions Special Ser-
vice Area in the City of Elgin and Providing for a Public Hearing and Other Related Proce-
dures," that Ordinance having been duly passed on October 13, 2004, and was considered at a
public hearing 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 the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the "Hear-
ing"); 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 Ex-
hibit B; and
WHEREAS, the notice of the Hearing was also provided by mail, said notice being de-
posited in the U.S. Mail on or before October 25, 2004, 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 incorpo-
rated into this ordinance as Exhibit C. The notice of Hearing was addressed to the person or per-
sons 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 require-
ments 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 oppor-
tunity 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 de-
termine that it is in the public interest and in the interest of the City of Elgin and the Special Ser-
vice Area that the Special Service Area be established;
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. Final Adjournment of Hearing. The Hearing was finally adjourned on Novem-
ber 3, 2004, at 7:45 p.m.
2
rook Section 3. Establishment of the Special Service Area. The Providence and Remington at
Providence 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 A which is attached to and
incorporated into this ordinance by reference. The Providence and Remington at Providence Spe-
cial Service Area consists of approximately 490 acres lying east of Nesler Road, south of US
Route 20, and north of Water Road in the City of Elgin. An accurate map of the Providence and
Remington at Providence 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 establish-
ing the Providence and Remington at Providence Special Service Area is to provide services in-
cluding 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 Providence and Remington at Providence Special
Service Area, including the repayment of any loan or debt incurred for the provision of such ser-
vices. All of the services described in this section shall be in and for the Providence and Reming-
ton at Providence 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 ad-
dition 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 Provi-
dence and Remington at Providence Special Service Area for an indefinite period of time com-
mencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be
assessed and levied for the Providence and Remington at Providence Special Service Area in an
amount not to exceed an annual rate of 0.457 [E.g., ten one-hundredths percent (.10 percent, be-
ing 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in ad-
dition 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 Providence and Remington at Providence Special Service Area shall remain abeyant and
shall take effect only in the event the Providence Homowner's Association fails to maintain, re-
pair, replace or pay for the improvements described in Section 4 of this ordinance and/or any re-
lated costs for those improvements, so as to require the City to assume those responsibilities.
During the years of development in the Providence and Remington at Providence Special Ser-
vice Area and initially thereafter, the tax levies are intended to produce approximately
$313,300.00 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 pro-
vided by the City.
Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordi-
r nance, 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 any circumstances is adjudged invalid, such adjudication shall not affect the validity of
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.
Ed Schoc , ayor
Presented: December 1, 2004
Passed: December 1, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: December 2, 2004
Published:
Attest:
ik
Dolonna Mecum, City Clerk
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
r 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
r FEET SOUTHERLY AN PARALLEL WITH THE CENTERLINE OF ILLINOIS ROUTE 20
AS PER DOCUMENT 95K039586 AS MEASURED AT RIGHT ANGLES THERETO;
öuri€rNews
courr;;
FOX VALLEY PUBLICATIONS,DOES HEREBY CERTIFY:
That it is a corporation duly organized and existing under the laws of the State of Illinois;
That it is the publisher of The Courier News,a secular daily newspaper published in the City
of Elgin,in Kane County,Illinois,and of general circulation in said City, County and State; and in
McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that
it is a newspaper as defined in "An Act to Revise the Law in Relation to Notices"—Ill. Revised
Statutes,Chap. 100,Sections 1,5 and 10.
That a notice of which the annexed is a true copy has been regularly published in said
newspaper Q N Fr time(s) - _ each for
;
successive that the
first publication of said notice was on the day of (f)e-7-g" � ,20 O Cr1
and the last publication thereof was on the day of ,20
cri
that the face of type in which each publication of said notice was printed was the same as the body
-' of type used in the classified advertising in the newspaper in which said publication was made;
That said The Courier News has been regularly published in said City, County and State
for at least one year prior to the first publication of said notice.
In WITNESS WHEREOF, said Fox Valley Publications, publisher as aforesaid, has
executed this Certificate of blication by its Officer or Agent thereunto duly authorized this
Q2�r . . .day of.4T.o.bey ,20.0.T '
FOX V Y PUBLICATI S
By
/tip •
Printer's Fee$ .74 T Paid ,20
No 1 VI/ Folio. .
Ads /// 3733
FFICIAL SEAL
BONNIE GA BRAUN oS
NOTA X16 Zo06
My Commission ExPiros Ap
• - 10-25-04 LINE) THENCE NORTH EAST ALONG SAID ALONG THE WESTERLY Area and the tax will be
, 'NOTICE OF HEARING 54 DEGREES 58 MIN- WESTERLY • LINE, :LINE OF WILLIAMSBURG levied for an indefinite
CITY OF ELGIN UTES 56 SECONDS ,2,619.36 FEET TO THE ' 'UNIT NO. 3 AND period of time from and
PROVIDENCE AND WEST, 272.37 FEET; SOUTHERLY RIGHT-OF- WILLIAMSBURG UNIT after the date of the ordi-
REMINGTON AT THENCE NORTH 58 WAY UNE OF ILLINOIS NO. 4, A DISTANCE OF nance establishing the
PROVIDENCE ,DEGREES 00 MINUTES ROUTE. 20, SAID LINE 2;109.54 FEIflf TO THE Special Service Area.
SPECIAL SERVICE 28 SECONDS WEST, BEING 40 FEET A F QRAM E N T I O N E D These takes shall be In
AREA 415.26 FEM.THENCE SQUTHERU AN PARAL- SOUTH-TINE OF THE addition to all other taxes
NORTH 60 DEGREES 08 LEL WITH THE CENTER- NORTHEAST QUARTER permitted by law and shall
NOTICE IS HEREBY MINUTES 28 SECONDS LINE OF ILLINOIS OF SECTION 19; be levied pursuant to the
GIVEN that on November WEST, 349.20 FEET; ROUTE 20 AS PER DOC- THENCE NORTH 89 provisions of the Property
3,2004,at 7:00 p.m.In the THENCE NORTH 59 UMENT 95K039586 AS DEGREES 54 MINUTES Tax Code(35 ILCS 200/1-
City Council Chambers of DEGREES 08 MINUTES MEASURED AT RIGHT 09 SECONDS• EAST 1 of sect).The tax levies
Elgin City Hall,150 Dexter '28 SECONDS WEST, ANGLES THERETO; ALONG SAID SOUTH are intended to produce
Court, Elgin, Illinois, a 343.65 FEET T O THE THENCE SOUTHEAST- UNE,2.61 FEET T O THE a pp r o x i m a t e l y
hearing will be by the . WEST LINE OF THE ERLY ALONG SAID POINT OF BEGINNING $318,300.00 annually for
City Council of the City of SOUTHEAST QUARTER SOUTHERLY RIGHT-OF- (EXCEPTING THERE- the cost of the services
Elgin to consider. the OF SAID SECTION 19; WAY LINE, 173.25 FEET FRAM A 66.00 FEET described above.The City,
establishment of a Special THENCE NORTH 00 ALONG A CURVE TO WIDE STRIP OF LAND of Elgin, however, may
Service Area consisting of DEGREES 05 MINUTES THE LEFT HAVING A AS DESCRIBED IN DEED annually levy up to the
territory legally described 09 SECONDS WEST. RADIUS OF 2,905.00 , RECORDED FEBRUARY maximum rate specified in
as follows: ALONG SAID WEST FEET THE CHORD OF 19,1966 AS DOCUMENT the ordinance establishing
LINE, 1,207:61 FEET TO SAID CURVE BEARING 1063814), IN KANE the Special Service Area
THE SOUTHWEST COR- SOUTH 70 DEGREES 54 COUNTY. for the cost of the services
t...- l t 1'+ NER.OF THE NORTH- MINUTES 23 SECONDS described above as said
.gyp Mit EAST QUARTER OF EAST; THENCE SOUTH The approximate location services become neces-
�►t ► ;a� , SECTION 19 AS PER 72 DEGREES 36 MIN- of the proposed Special sary and are provided by.
•iIr. C DOCUMENT 901(58884; UTES 54 SECONDS Service Area is 3201 the City of Elgin.
=;;— r4 r ��- THENCE NORTH 89 EAST ALONG SAID „ Water Road in the.City of Notwithstanding,the fore-
�'sn I' i DEGREES 54 MINUTES SOUTHERLY RIGHT-OF- 4 Elgin, Kane County, going, taxes shall not be
L. C,J „01. 09 SECONDS' EAST WAY LINE TANGENT TO Illinois. An accurate map levied hereunder and the
,._� �r9� ALONG THE SOUTH THE LAST DESCRIBED depicting the location of proposed Special Service
g .-\ 3 ,� LINE OF THE NORTH- COURSE,1,983.21 FEET; the proposed Special Area shall remain abeyant
l; -a:^ ,1 ati/'f� EAST QUARTER OF THENCE SOUTH 25 Service Area is attached and shall take effect only
;,� sr SAID SECTION 19 A DIS- DEGREES 53 MINUTES to and incorporated by ref- in the event the homeown-
.�,s TANCE OF 1,318.70 39 SECONDS EAST erence into this notice as ers' or other property
i FEET TO. THE WEST ALONG SOUTHERLY Exhibit B. owner association respon-
THAT PART OF SEC- LINE OF THE.SOUTH- RIGHT-OF-WAY LINE OF sible for the property with=
TIONS 17,18,19 AND 20 EAST QUARTER OF THE ILLINOIS ROUTE 20 AS , All interested persons in the proposed Special
IN TOWNSHIP 41 NORTH NORTHEAST QUARTER DEDICATED PER DOCU- 'affected by the proposed Service Area fails to main-
RANGE 8 EAST OF THE PF SAID SECTION 19; MENT 920696, A DIS- establishment of the tain,repair,replace or pay
THIRD PRINCIPAL THENCE NORTH 00 TANCE OF 289.46 FEET Special Service Area will for the improvements
MERIDIAN, AND THAT DEGREES 07 MINUTES (THE FOLLOWING 4 be provided with an oppor- described above and/or
PART OF THE EAST 40 SECONDS WEST COURSES ARE ALONG tunny to be heard on that any related costs for those
I-(ALF OF SECTION 24, ALONG SAID WEST SAID SOUTHERLY issue and may object to improvements, so as to
r TOWNSHIP 41 'NORTH, UNE, 1;607.80 FEET; RIGHT-OF-WAY LINE); the establishment of the require the City of Elgin to
RANGE 7 EAST OF THE THENCE NORTH 50 THENCE SOUTH 71 Special Service Area and assume those responsibil-
THIRD , PRINCIPAL DEGREES 46 MINUTES DEGREES 39 MINUTES the tax levy affecting that flies.The hearing may be
MERIDIAN DESCRIBED 33 SECONDS WEST, 02 .SECONDS EAST, Special Service Area. adjourned by the City
AS FOLLOWS: BEGIN- 779.20 FEET; THENCE 100.35 FEET; THENCE Council of the City of Elgin
NING AT THE NORTH- NORTH 35 DEGREES 46 NORTH 70 DEGREES 53 1 The purpose for establish- to another date without
EAST CORNER OF THE. MINUTES 26 SECONDS MINUTES 11,SECONDS ing the Special Service ',further notice other than a
SOUTHEAST QUARTER EAST, 1,338.38 FEET; EAST, 299.87 FEET; Area is provide services motion to be entered upon
OF SAID SECTION 19 THENCE NORTH 49 THENCE SOUTHEAST- including the operation, the minutes of its meeting
AS ESTABLISHED PER DEGREES 07 MINUTES ERLY, 109:64 . FEET maintenance,repair,reha- fixing the time and place of
DOCUMENT'901(58882; 15 SECONDS WEST, ALONG, A CURVE TO bilitation,replacement and its adjournment.
THENCE SOUTH. 39 677.41 FEET; THENCE THE RIGHT HAVING A reconstruction of any site
DEGREES 03'MINUTES SOUTH.40 DEGREES 32 RADIUS OF ,22,844.30 - runoff storage 'area If a petition objecting to the
41 SECONDS EAST MINUTES 50 SECONDS FEET THE CHORD OF drainageway,ditch,.swabs, •establishment of the.pro-
(BEARINGS ASSUMED WEST 3,428.26 FEET; SAID CURVE BEARING storm sewer, or other posed Special Service
FOR DESCRIPTION THENCE NORTH 49 .: SOUTH 72 DEGREES 21 stormwater facility;.costs Area the tax levy, or the
PURPOSES. ONLY), DEGREES 31 MINUTES MINUTES 02 SECONDS of design,engineering and imposition of a tax for the
1,296.90 FEET;THENCE 14 SECONDS WEST, •EAST, THENCE.SOUTH other consulting services, provision of special servic-
SOUTH 42 DEGREES 01 905.83 FEET TO THE 72 DEGREES 21 MIN- surveying and 'permits, es to the proposed Special
MINUTES 43 SECONDS CENTERLINE OF UTES 02 SECONDS public liability insurance,' Service Area that has
WEST 2,061.07 FEET TO NESTLER ROAD EAST; THENCE SOUTH and all administrative, been signed by at least
THE NORTHEASTERLY THENCE NORTH 40 "51. DEGREES 45 MIN- legal and other costs or, fifty-one percent(51%)of
RIGHT-OF-WAY LINE OF DEGREES 34 MINUTES UTES 52 SECONDS expenses incurred in con-' the electors residing within
WATER ROAD;THENCE ;47 .SECONDS EAST EAST, 220.21 FEET TO , 'nection therewith and with . the proposed .Special,
NORTH 53 DEGREES 18 ALONG SAID CENTER- THE WESTERLY LINE OF the administration of the Service Area and by at
MINUTES 34 SECONDS LINE, 3,469,00•'FEET; WILLIAMSBURG GREEN ( Special Service Area least fifty-one .percent
WEST ALONG SAID THENCE NORTHEAST- - UNIT NO.1; °THENCE including the repayment of (51%) of the owners of
NO NORTH EASTERLY ERLY ALONG SAID CEN SOUTH 43 DEGREES53 any loan or debt incurred record of the land included
' RIGHT-OF-WAY,` LINE, TERLINE, 33.91 FEET MINUTES 14 SECONDS for the provision of such within the boundaries.of
254:76 FEET; THENCE TANGENT TO THE LAST WEST ALONG THE services.All the described the proposed Special
I NORTH 54 DEGREES 58 DESCRIBED;: COURSE WESTERLY LINE OF services described are Service Area is filed with
MINUTES 56 SECONDS ALONG A CURVE TO WILLIAMSBURG GREEN unique and in addition to ' the City of Elgin City Clerk
WEST ALONG SAID THE LEFT HAVING A UNIT NO 1 AND services generally provid- within sixty (60) days fol-
NORTHEASTERLY RADIUS OF 4,680.66 WILLIAMSBURG GREEN ed by the City of Elgin. lowing the final adjourn-
RIGHT-OP-WAY LINE, FEET THE'CHORD OF UNIT NO.2,A DISTANCE ment of the public hearing
822.60 FEET TO THE SAID CURVE BEARING OF 2,405.84 FEET; At the hearing,all persons regarding the establish-
EASTERLY LINE OF THE NORTH 40 DEGREES 22 'THENCE SOUTH 44 affected will be provided mart of the proposed
PROPERTY DESCRIBED MINUTES 20 SECONDS DEGREES 04 MINUTES with an opportunity to be Special Service Area, no
IN DEED RECORDED AS EAST THENCE SOUTH 45 SECONDS WEST heard: At the hearing, a such Special Service Area
r DOCUMENT 901(01922; 69 DEGREES 05 MIN- ALONG THE WESTERLY tax levy for the Special may be established nor
THENCE SOUTH. 41, UTES 58 . SECONDS LINE OF WI WAMSBURG Service will be considered. any tax levied or imposed.
DEGREES 11 MINUTES EAST;1,55t43 FEET TO GREEN.UNIT NO.3, ,A The proposed annual tax
57 ,SECONDS_ WEST THE WESTERLY LINE OF DISTANCE OF 1,821.42 levy for the Special Dated this 18th day of
ALONG SAID EASTERLY PROPERTY AS 'FEET TO THE WESTER- Service Area is in an pbl0ber,2004
UNE 33:19 FEET TO THE DESCRIBED IN DEED LY.UNE OF WILUAMS amount not to exceed an
CENTERLINE OF WATER RECORDED AS DOCU- BURG UNIT Na 3 annual rate of 0.457 of the
ROAD; (THE FOLLOW- MENT 1015195;THENCE THENCE SOUTH 00 equalized:assessed value CITY CLERK '
ING 4 COURSES ARE NORTH 20 DEGREES 54 DEGREES 06 MINUTES of the‘property within the -
ALONG SAID CENTER- MINUTES 29. SECONDS 48 SECONDS 'EAST proposed Special Service 1113733
Exhibit C
NOTICE OF HEARING
CITY OF ELGIN
PROVIDENCE AND REMINGTON AT PROVIDENCE
SPECIAL SERVICE AREA
NOTICE IS HEREBY GIVEN that on November 3, 2004, at 7:00 p.m. in the City Coun-
cil 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 consist-
ing of territory legally described as follows:
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
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
row 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;
THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 173.25
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-
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.
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 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 establish-
ment of the Special Service Area and the tax levy affecting that Special Service Area.
r
•
The purpose for establishing the Special Service Area is 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 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 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 equal-
ized 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 $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.
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 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 re-
cord 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 18th day of October, 2004.
s/ Dolonna Mecum
CITY CLERK
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