T1-05 Ordinance No. T1-05
AN ORDINANCE
ESTABLISHING THE
RESERVE 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 The Reserve 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. T21-04, entitled "An Ordinance Propos-
ing the Establishment of the Reserve Subdivision Special Service Area in the City of Elgin and
Providing for a Public Hearing and Other Related Procedures," that ordinance having been duly
/► passed on October 13, 2004, and was considered at a public hearing held by the City Council of
F 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 "Hearing"); 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 24, 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, ILLINOIS, 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 7:47 p.m.
(elk Section 3. Establishment of the Special Service Area. The Reserve Special Service Area
of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the ter-
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ritory legally described in Exhibit A which is attached to and incorporated into this ordinance by
reference. The Reserve Special Service Area consists of approximately 137 acres lying south of
Bowes Road and west of Randall Road in the City of Elgin. An accurate map of the Reserve
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 Reserve Special Service Area is to provide services including the operation, maintenance,
repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage-
way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and
other consulting services, surveying and permits, public liability insurance, and all administra-
tive, legal and other costs or expenses incurred in connection therewith and with the administra-
tion of the Reserve Special Service Area, including the repayment of any loan or debt incurred
for the provision of such services. All of the services described in this section shall be in and for
the Reserve 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 addition 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 Reserve
Special Service Area for an indefinite period of time commencing during and in the years subse-
quent to the date of this ordinance. Annual taxes shall be assessed and levied for the Reserve
Special Service Area in an amount not to exceed an annual rate of 0.80 percent, being 10 cents
per 100 dollars) of equalized assessed valuation thereof. These taxes 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). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Re-
serve Special Service Area shall remain abeyant and shall take effect only in the event the Re-
serve fails to maintain, repair, replace or pay for the improvements described in Section 4 of this
ordinance and/or any related costs for those improvements, so as to require the City to assume
those responsibilities. During the years of development in the The Reserve Special Service Area
and initially thereafter, the tax levies are intended to produce approximately $79,800.00 annually
for the cost of the services described in Section 4 of this ordinance. The City, however, may an-
nually levy up to the maximum rate specified herein for the cost of the services described in Sec-
tion 4 of this ordinance as said services become necessary and are provided 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.
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.
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.011' 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 , Mayor
Presented: January 12, 2005
Passed: January 12, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: January 13, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
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Exhibit A
Legal Description for The Reserve Subdivision
THE RESERVE, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 14, 2004,
AS DOCUMENT NUMBER 2004K044951 AND CORRECTED BY CERTIFICATE
OF CORRECTION RECORDED JULY 22, 2004 AS DOCUMENT NUMBER
2004K098661, (EXCEPTING THEREFROM LOTS 101, 104 AND 108 IN SAID
SUBDIVISION), IN KANE COUNTY, ILLINOIS.
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BONNIE G. BRAUN
NOTARY PUBLIC,STATE OF ILLINOIS
.-
C., C My Commission Expires Apil 6,2006
EXHIBIT C
NOTICE OF HEARING
CITY OF ELGIN
THE RESERVE 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:
THE RESERVE, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION
29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 14, 2004, AS DOCUMENT
NUMBER 2004K044951 AND CORRECTED BY CERTIFICATE OF CORRECTION RE-
CORDED JULY 22, 2004 AS DOCUMENT NUMBER 2004K098661, (EXCEPTING THERE-
FROM LOTS 101, 104 AND 108 IN SAID SUBDIVISION), IN KANE COUNTY, ILLINOIS.
The approximate location of the proposed Special Service Area is 2705 Bowes Road, lo-
cated 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 0.080 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$79,800.00 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.
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.
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CITY CLERK
EXHIBIT D
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Lotion Map SSA Map
A
The Reserve N
City of Elgin 700 0 700 Feet
Department of Community Development