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T23-04 (2) 2 JtZ 4H. 1 SS382 State of Illinois ) SANDY WEGMAN County of Kane) ss RECORDER City of Elgin ) KANE COUNTY. IL RECORDED ON 12/03/2004 09:59AM REC FEE: 33.00 CERTIFICATE OF CITY CLERK PAGES: 12 I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. T23-04 AN ORDINANCE cS 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 Cra passed by the Elgin City Council at its legally convened meeting held on December 1, 2004. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this December 2, 2004. \4 -4 City Clerk (SEAL) This instrument prepared by: Return to: 3 William A. Cogley Dolonna Mecum \l'itio j Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 \C k 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 3 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- 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. s/Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Passed: December 1, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 4 5 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 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 SAIL) 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; L . 7 erNews i 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,S and 10. That a notice of which the annexed is a true copy has been regularly published in said newspaper 45,Ai time(s) — each for ---...! successive ;that the first publication of said notice was on the day of.&(--T'o b e-Pe- ,20 0' w mi and the last publication thereof was on the day of ,20 H that the face of type in which each publication of said notice was printed was the same as the body .,-1 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 w X for at least one year prior to the first publication of said notice. w 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 . . . dayof.� 4 7Q12cI ,20.U.T ' FOX V Y PUBLICS By . .A r K y . . .6.biie.P Printer's Fee$ 74P 7- Paid ,20 No 11/4 Folio. . ;Of/. . . . ad If //13733 FFICIAL SEAL BONNIE G. BRAUN NOTARY PUBLIC,STATE OF ILLINOIS My Commission Expires AprIl 6.2006 10-25-04 LINE) THENCE NORTH EAST ALONG SAID ALONG THE WESTERLY • Area,.and the tax will be . 'NO11¢E OF HEARING 54 DEGREES 58 MIN- WESTERLY LINE, „EINE OF WILUAMSBURG levied for an Indefinite • CITY OF ELGIN • UTES' 58 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 ord- . 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 FEi4' TO THE Special Service Area. SPECIAL SERVICE 28 SECONDS WEST, BEING 40 FEET AO, ,E EN.TIONED Thee. takes shall be in •AREA' 4t5.26 Mir THENCE SOUTHERLY AN PARAL- • SOUTH NE OF .'HE "addition'to all other Oates NORTH'80 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 provisiorjs of the Property 3,2004,at 7:00 p.m.In the THENCE .NORTH 59 UMENT 951(039586 AS DEGREES 54 MINUTES Tax Code(35 ILCS 200/1- City,Council Chambers of DEGREES 08 MINUTES MEASURED AT RIGHT "09 SECONDS, EAST 1 et set).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 TO THE THENCE SOUTHEAST- LINE,2.61 FEET TO THE a p p r o x I m a t e I y hearing will be held by the,. WEST LINE OF THE ERLY ALONG SAID , POINT OF 'BEGINNING $318,300.00 annually for City Council of the Oily of SOUTHEAST QUARTER SOUTHERLY RIGHT-OF- I (EXCEPTING THERE- the cost of the services Elgin to consider. the OF SAID SECTION 19; WAY LINE, 173.25 FEET 'FROM A 68.00 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 DEGiREES 05 MINUTES THE LEFT HAVING A AS DESCRIBED IN DEED annually levy up to the ' territory legally desbribed 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, 4,207,21 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• rt• 'i t' M l' NER.OF THE NORTH- MINUTES 23 SECONDS . described above as said R.e • . EAST • QUARTER OF EAST; THENCE'SOUTH The approximate location services become noes- �1►. . , 11-11 ' SECTION 19'AS• PER 72 DEGREES 36 MIN- of the.proposed Special• sary and are.p(ovided by, 11111, �rri L't DOCUMENT 901(58884; .UTES 54 SECONDS Service 'Area is •3201 the ••City of Elgin. r �' ra � THENCE NORTH 89 EAST ALONG SAID Water Road in the City of 'Notwithstanding the tore- „�o:,r ”, DEGREES 54 MINUTES SOUTHERLY RIGHT-OF-� Elgin,• Kane County, going, taxes,shall not be ,�.,� i7 ■1��x> 09 SECONDS' EAST WAY LINE TANGENT TO Illirais. An accurate map . levied hereunder and the, .1,',14111r011111111.. !4 ALONG THE SOUTH THE LAST DESCRIBED' depicting the locatbn of proposed Special Service -LINE OF THE NORTH- COURSE,1,983.21 FEET; the proposed Special Area shall remain abeyant s g,1■0�ily EAST QUARTER OF THENCE SOUTH 25 Service Area is attached and shall take effect onlyall!• SAID SECTION 19 A DIS- DEGREES. 53' MINUTES to and incorporated by ref- in the event the homeown- x - - ?_ TANCE OF 1,318.70 39 - SECONDS EAST ererice into this notice as ers' or other property • 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 17,19,19 AND 20 EAST QUARTER OF•THE ILLINOIS ROUTE 20 AS All interested persons in the proposed Special INTOWNSHIP 41 NORTH NORTHEAST QUARTER DEDICATED PER DOCU- 'affected by-the proposed' Service Area falls to main- - RANGE 8 EAST OF THE PF•SAID SECTION 19; MENT 920696, A DIS- establishment of the take,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 colts for those I(ALF,OF, SECTION 24, ALONG SAID WEST SAiD SOUTHERLY issue and may object,to 'improvements, so 'as to TOWNSHIP 41 NORTH, • UNE, 1,607.90 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 Hies.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 53The 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'90K58882; 15 SECONDS WEST, ALONG A,CURVE TO bilitatlon,replacement and its adjournment THENCE -SOUTH. 39 677.41 FEET; THENCE THE RIGHT HAVING Areconstruction 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,.swale, '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 services 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. DEG_REES.45 MIN= ' jegal and other costs or,. fifty-one percent(51%)of RIGHT-OF-WAY UNE 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.UNE OF. the administration•of the Servile•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 I "ineluding the repayment of (51%) of the owners of NORTHEASTERLY " ERLY ALONG SAID CEN- SOUTH 43 DEGREES53 , any lean 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 tbe boundaries,of 254:76 FEET; THENCE TANGENT TO THE LAST , WEST ALONG THE services:All the described the .proposed 'Special NORTH 54 DEGREES 58 DESCRIBED;•COURSE WESTERLY UNE. QF' services described, are Service Area,It filed with MINUTES 56 SECONDS' ALONG -A CURVE TO WILUAMSBURG GREEN unique and in addition to the•City of Elgin City Clerk WEST ALONG SAID THE LEFT HAVING A UNIT NQ. 1 AND- services generally provid- within sixty (60) days fol- N O R T H E A S T E R LY RADIUS OF 4,680.66 WILUAMSBURG GREEN ed by the City of Elgin. lowing the final adjourn-. RIGHT-OF-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 ' ment of the proposed •PROPERLY 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 , DOCUMENT 90K01922; 69 DEGREES 1)5'MIN- ALONG TIjE WESTERLY . tax levy kir the Special May be established nor -THENCE SOUTH.•41' UTES 58 SECONDS UNE OF WILLIAMSBURG ' Service will be considered. spy tax levied or imposed. • DEGREES 11 MINUTES EAST, 1,551.43 FEET TO GREEN.UNIT NW,'.A The proposed annual tax . 57 'SECONDS, WEST THE WESTERLY LINEOF DISTANCE OF 1,921.42 • levy for the Specipl Dated this 18th day of ALONG SAID EASTERLY PROPERTY .AS ' FEET TO THE WESTER- ' Service 'Area is In an October,2004. LINE 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' NO.' 3. annual rate of 0.457 of the • ROAD; (THE FOLLOW- MENT 1015195;THENCE THENCE SOUTH 00 equalized.assesd*tie CITY CLERK 1NG 4 COURSES ARE NORTH 20 DEGREES 54 DEGREES ,C 'MINUTES of the'property within the . ALONG SAID CENTER- MINUTES 29 SECONDS , 48 SECONDS EAST proposed Special Servipe ' 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 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. 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 ' 1 Exhibit D kiiii; Ili '-'.' 11 1111111-211-111- W. deka 1111111I,Iffik? iirii /14,..4 irips4;:ii.ill Ir.. _ , Ns F +ter i �a7 2%le./MN 111--.r.4:;a7s.q't.;:`: ,* e _ 1111 ii-Zahrrisil illinowift,Taimmt0Aliiiii-away...... 1. on „ii =immt +�♦♦*,11.. 11�,.;�.�� 'Q J';;rr 11 447rye r+�%�'�u.y, i�I� i•- L --_,.. 1 (ter°J ~%'�' �h 4' :1�.J rf.g7.._l�/ LILAllr `., .. '; • 'lr.,., .444 r � ,� Jam%.% I , ii. i�.. ff* —..rr. nmuu\�iuu. ( . '4 Mill 'hp to r� ...rr/11111. "74. -,-. A if 40 O" IOWA 11111"16" AKA/IL WI ,�, ��f�11(l�Ih�410,7 4 4 strp i�t�t� ` 4"1.01s7. Subject Property ■ fe1M / �t�D/At V ♦ 1 Alta 140 /t!( 7/1ht---., —` ����>t���,�;��� �`` Villi�* _ I�� i_? Is �r.ism . ,; rir•iyailato�+ •il,e\ �1< ���I��.:=ori le xi .... jilijil' gtINAti 4 .._(40..... lot • ..;7zr 4ir,ems �; :.,• a,� . AdEu 111\t�l� � O II1Pf"Ti il' _',',1',iliwirallii 'Mimi All Alt„,,, .,.,. f A lii::f,*. —1711Mm-..., IIIIWAIIIK Ar47/4I:44...4 ...,_ ....,_ ..-:,..- ,,.. ,,- .____ _....... ....,,A,,..,„„,„ 741-01.4.1 1 t... 4--4 4,-;pi.---1-f•-,1 -.44.1.4 10 *40 VA 1111.17 IN ,i9Ii.11511'—.24' k p•400--PI it p t !Mt Wtill „I_ v., ..e 5. .:!I • IF.1 , E ll .0 ,„ r,-.. .!..:,,,,,,,..,.. ,,,,,,,k,„„,.. blii,,,,,„. .,,..." ma-1 I•li '0, II IIi!II1PLIE Location Map SSA Map A Providence N City of Elgin em o em MID Peel ISElliii Department of Community Development V KANE COUNTY CLERK TAX EXTENSION DEPARTMENT FILING RECEIPT 630/232-5965 DATE: / / k UNIT OF GOVERNMENT: PERSON FILING: Rece' 6 f the following named item(s)is hereby acknowledged: S . -4" 40, v.- • 41111/AI .46 trif °FP A#0,757 leo rdiv 4 By: ,i r DEPUTY CLERK • KANE COUNTY r October 5, 2004 TO: Mayor and Members of the City Council FROM: David Dorgan, City Manager (,/(/ Lauren Pruss, Senior Planner SUBJECT: Ordinance Proposing the Establishment of a"Back-Up" Special Service Area Providence and Remington at Providence Subdivisions PURPOSE Consideration of 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. (Pk RECOMMENDATION It is recommended that the City Council approve the proposed ordinance initiating the hearing procedure for creating a"backup" special service area for the stormwater management facilities in the Providence and Remington at Providence Subdivisions with the recommended annual tax levy. BACKGROUND In December 2001,the city council adopted by reference the Kane County Stormwater Management Ordinance as the stormwater management ordinance of the city. The stormwater ordinance states that unless the maintenance responsibility for the stormwater drainage system will be accepted 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. City Staff have estimated the maximum anticipated annual maintenance cost for the stormwater management facilities in the development at $313,300.00. 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 area that is sufficient to cover the expected long-term maintenance costs of the facilities. The proposed annual tax levy necessary to cover the annual Mayor and Members of City Council October 5, 2004 Page 2 maintenance costs has been determined to be 0.457 of the equalized assessed value of the property within the proposed special service area. These figures have been incorporated into the ordinance establishing the hearing to consider the creation of the proposed backup special service area. As provided for within the attached ordinance, a public hearing regarding the proposed special service area is scheduled to occur on November 3, 2004, at 7:00 p.m. I r1 r 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 r 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. A, 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 DAY of MONTH ,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. Al) Ed Schock, Mayor Presented: October 13,2004 Passed: Vote: Yeas Nays: Recorded: Published: Attest: 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 rQUARTER 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 rib' AS PER DOCUMENT 95K039586 AS MEASURED AT RIGHT ANGLES THERETO; 5 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 AI 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. 6 1ft X111 11- 'ub,4/, ; ..:r w Nal6 ;,iiii • . ......... jai .el •� . rik".1. f ' roiro Ham, yi .4 ���� V I'� /1111110.1. 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Providence N City of Elgin 900 0 900 1800 Feet Department of Community Development c. c.