T19-05 Ordinance No. T19-05
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
EDGEWATER 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
government 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 Edgewater 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 2700
Bowes 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
resolution 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
municipal 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,
Illinois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated 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
May 11, 2005, 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 territory
rwk 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.667 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
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 $304,500.00 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. Notwithstanding 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 property 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
Elgin. 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
EDGEWATER SUBDIVISION SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on May 11, 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
establishment of a Special Service Area consisting of territory legally described in
Exhibit A which is attached to and incorporated by reference into this notice.
The approximate location of the proposed Special Service Area is 2700
Bowes 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 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
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 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 .667 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 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
$304,500 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.
Notwithstanding 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 property 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 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
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 of , 2005.
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
publication in the manner provided by law.
Ed Schock, Mayor
Presented: April 13, 2005
Passed: April 13, 2005
Vote: Yeas: 6 Nays: 0
Recorded: April 14, 2005
Published:
Attest:
Dolonna Mecum, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION FOR EDGEWATER SUBDIVISION
THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 29, THE EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 20 AND THE WESTERLY 260 FEET OF THE NORTHWEST QUARTER OF
SECTION 28, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE FOLLOWING DESCRIBED
PROPERTY TO WIT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28
AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH
RIGHT-OF-WAY LINES OF BOWES ROAD AS DEDICATED BY DOCUMENT NO.
708600 WITH A LINE THAT IS 260.0 FEET EASTERLY OF AS MEASURED AT RIGHT
ANGLES TO, AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST
QUARTER OF SECTION 28; THENCE NORTHERLY ALONG SAID PARALLEL LINE,
959.84 FEET; THENCE SOUTH 44 DEGREES 06 MINUTES 52 SECONDS WEST, 530.03
FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID
NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF
BOWES ROAD; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, 375.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF ELGIN,
elik KANE COUNTY, ILLINOIS.
TOGETHER WITH THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THE EAST 66 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE
THEREOF AND EXCEPT THE WEST 84 FEET OF THE EAST 150 FEET, AS MEASURED
AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THE SOUTH 100 FEET, AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE THEREOF, IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS.
TOGETHER WITH ALL THAT PART OF WATER ROAD AND BOWES ROAD RIGHTS-
OF-WAY LYING SOUTH AND WEST OF THE ABOVE DESCRIBED PROPERTY.
TOGETHER WITH THAT PART OF THE SOUTH HALF OF BOWES ROAD RIGHT-OF-
WAY IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ADJACENT TO THE ABOVE DESCRIBED PROPERTY AND AS SHOWN HEREON.
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TOGETHER WITH THAT PART OF THE WEST HALF OF WATER ROAD RIGHT-OF-
WAY IN THE EAST HALF OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ADJACENT TO THE ABOVE DESCRIBED
PROPERTY AND AS SHOWN HEREON.
(PROPERTY COMMONLY KNOWN AS 2700 BOWES ROAD, ELGIN, ILLINOIS).
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Department of Community Development