T26-04 I
Ordinance No. T26-04
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
REMINGTON MEADOWS SUBDIVISION 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 Remington Meadows Subdivision Special Service Area of the
City of Elgin for the purposes described in this resolution (the "Special Service Area"); and
WHEREAS, the approximate location of the proposed Special Service Area is 3401 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
January 12, 2005, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter
ejlk 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 0.4737 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 $16,800.00 annually for the cost of the ser-
vices 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 de-
scribed above as said services become necessary and are provided by the City of Elgin. Notwith-
standing 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 , a newspaper of general circulation in the City of Elgin. Addition-
ally, 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 gen-
eral 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
REMINGTON MEADOWS SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on January 12, 2005, 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.
The approximate location of the proposed Special Service Area is
3401 Water Road in the City of Elgin, Kane County, Illinois. An accurate map
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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 0.4737 of the equalized assessed value of the property
within the proposed Special Service Area and the tax will be levied for an indefi-
nite period of time from and after the date of the ordinance establishing the Spe-
cial 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
$16,800.00 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
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,
3
�w 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 1st day of December, 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.
Ed Schoc Mayor
Presented: December 1, 2004
Passed: December 1, 2004
Vote: Yeas: 6 Nays: 0
Recorded: December 2, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
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�r• Exhibit A
C Remington Meadows Legal Description
THAT PART OF SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN IN ELGIN TOWNSHIP,KANE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS; COMMENCING AT THE PINCHED TOP
IRON PIPE MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 19,
PER DOCUMENT NO. 622758,RECORDED MARCH 21, 1949; THENCE
NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19,
HAVING A ILLINOIS EAST ZONE GRID BEARING OF NORTH 00 DEGREES 10
MINUTES 28 SECONDS WEST ALONG SAID NORTH-SOUTH CENTERLINE
268.12 FEET TO THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE
FOLLOWING FOUR COURSES: NORTH 86 DEGREES 53 MINUTES 44 SECONDS
WEST 457.21 FEET; NORTH 82 DEGREES 58 MINUTES 16 SECONDS WEST
377.14 FEET; NORTH 80 DEGREES 46 MINUTES 52 SECONDS WEST 97.25 FEET;
NORTH 73 DEGREES 11 MINUTES 19 SECONDS WEST 368.33 FEET; THENCE
NORTH 03 DEGREES 15 MINUTES 56 SECONDS EAST 1470.07 FEET TO A LINE
BEING 33.00 FEET SOUTHERLY FROM AND PARALLEL TO THE CENTERLINE
WATER ROAD; THENCE SOUTH 73 DEGREES 37 MINUTES 51 SECONDS EAST
ALONG A LINE 33.00 FEET SOUTH OF AND PARALLEL WITH SAID
CENTERLINE OF WATER ROAD 724.64 FEET; THENCE SOUTH 56 DEGREES 44
MINUTES 25 SECONDS EAST ALONG A LINE 33.00 FEET SOUTH OF AND
PARALLEL WITH SAID CENTERLINE OF WATER ROAD 574.99 FEET; THENCE
SOUTH 65 DEGREES 10 MINUTES 31 SECONDS EAST ALONG A LINE 33.00
FEET SOUTH OF AND PARALLEL WITH SAID CENTERLINE OF WATER ROAD
17.82 FEET TO A POINT ON THE SAID NORTH-SOUTH CENTERLINE OF
SECTION 19; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE
OF SAID SECTION 19, HAVING AN ILLINOIS EAST ZONE GRID BEARING OF
SOUTH 00 DEGREES 10 MINUTES 28 SECONDS EAST 1133.66 FEET TO THE
PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS.
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EXHIBIT B
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Remington Meadows N
City of Elgin 600 0 600 Feet
Department of Community Development