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T2-05 . „ Ordinance No. T2-05 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE SHADOW HILL SUBDIVISION SPECIAL SERVICE AREA N 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 Shadow Hill Subdivision Special Service Area of the City of El- gin for the purposes described in this resolution(the"Special Service Area"); and WHEREAS, the approximate location of the proposed Special Service Area is 3625 and 3650 Water Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the lo- cation 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 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 April 27, 2005, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, elk Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory le- gally 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 .554 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 $146,000 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 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 SHADOW HILL SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 27, 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 3625 and 3650 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. 2 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.554 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite pe- r 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 $146,000 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 ser- vices become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Ser- vice Area shall remain abeyant and shall take effect only in the event the home- owners' 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 in- cluded within the boundaries of the proposed Special Service Area, is filed with 3 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 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 publi- cation in the manner provided by law. Ed Schock, Mayor Presented: March 23, 2005 Passed: March 23, 2005 Vote: Yeas: 6 Nays: 0 Recorded: March 24, 2005 Published: March 25, 2005 Attest: Cam, / -cw► Dolonna Mecum, City Clerk 4 r EXHIBIT A LEGAL DESCRIPTION FOR SHADOW HILL SUBDIVISION RECORD DESCRIPTION PARCEL 1 THAT PART OF SECTION 19 AND 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART TO THE EAST HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH EAST QUARTER OF SAID SECTION 24, THENCE NORTH ALONG THE QUARTER SECTION LINE 4.75 CHAINS; THENCE NORTH 41 DEGREES EAST 99.92 CHAINS TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND CONVEYED TO FRED YURS BY DEED DATED MARCH 17, 1873 AND RECORDED JANUARY 11, 1875 IN BOOK 158, PAGE 13 AS DOCUMENT 7279; THENCE SOUTH 48 1/2 DEGREES EAST 12.08 CHAINS; THENCE SOUTH 35 DEGREES WEST 51.30 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY; THENCE SOUTH 73 DEGREES EAST ALONG THE CENTER OF SAID ROAD 1.39 CHAINS TO THE NORTHWEST CORNER OF LANDS CONVEYED TO CHARLES F. YURS BY DEED DATED MAY 28, 1904 AND RECORDED JUNE 6, 1904 IN BOOK 440, PAGE 59 AS DOCUMENT 69407; THENCE SOUTH 2 DEGREES WEST ALONG THE WEST LINE OF SAID LANDS 31.15 CHAINS TO THE SOUTH LINE OF SECTION 24 AFORESAID EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED SOUTH LINE 4.43 CHAINS TO THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE WEST ALONG THE SOUTH LINE OF SECTION 24, 40.14 CHAINS TO THE POINT OF BEGINNING, IN THE TOWNSHIPS OF ELGIN AND PLATO IN KANE COUNTY, ILLINOIS. DESCRIPTION SURVEYED PARCEL 1 THAT PART OF SECTIONS 19 AND 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 01 DEGREES 00 MINUTES 28 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES), 313.50 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 40 DEGREES 31 MINUTES 24 SECONDS EAST, 2844.84 FEET TO A POINT IN WATER ROAD; THENCE NORTH 40 DEGREES 32 MINUTES 50 SECONDS EAST, 3859.48 FEET TO THE SOUTH LINE OF PARCEL 1 OF GLENN r CHRIST AND KATHRYN CHRIST TRACT AS PER PLAT OF SURVEY PREPARED BY C.B.B. ENGINEERING, DATED JANUARY 30, 2003; THENCE SOUTH 48 DEGREES 39 MINUTES 04 SECONDS EAST, 798.19 FEET ALONG THE SOUTH LINE OF SAID PARCEL 1 TO THE WEST LINE OF PARCEL 2 AS SET FORTH ON SAID PLAT OF SURVEY; THENCE SOUTH 35 DEGREES 28 MINUTES 07 SECONDS WEST, 3369.30 FEET ALONG SAID WESTERLY LINE TO A POINT IN WATER ROAD AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE SOUTH 73 DEGREES 37 MINUTES 53 SECONDS EAST, 63.15 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO A POINT IN WATER ROAD AT THE NORTHWEST CORNER OF PARCEL 3 AS SET FORTH ON SAID PLAT OF SURVEY; THENCE SOUTH 03 DEGREES 16 MINUTES 06 SECONDS WEST, 2077.51 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE NORTH LINE OF CATATOGA II SUBDIVISION, RECORDED JANUARY 7, 1974 AS DOCUMENT 1286530; THENCE SOUTH 89 DEGREES 38 MINUTES 16 SECONDS WEST, 263.07 FEET ALONG SAID NORTH LINE TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, BEING THE NORTHERLY MOST COMMON CORNER OF SAID CATATOGA II SUBDIVISION AND CATATOGA III SUBDIVISION, RECORDED MARCH 13, 1980 AS DOCUMENT 1538177; THENCE SOUTH 89 DEGREES 03 MINUTES 54 SECONDS WEST, 2675.47 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, BEING COINCIDENT WITH THE NORTH LINE OF SAID CATATOGA III SUBDIVISION TO THE POINT OF BEGINNING, IN KANE COUNTY ILLINOIS. DESCRIPTION RECORD PARCEL 2 THAT PART OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE EAST HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF NESLER ROAD WITH THE CENTER LINE OF WATER ROAD; THENCE NORTH 43 DEGREES 17 MINUTES 18 SECONDS EAST ALONG THE CENTER LINE OF NESLER ROAD, 1399.19 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 8121.32 FEET, AN ARC DISTANCE OF 262.37 FEET TO A POINT OF TANGENCY; THENCE NORTH 41 DEGREES 26 MINUTES 14 SECONDS EAST ALONG SAID CENTER LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 527.96 FEET; THENCE SOUTH 48 DEGREES 31 MINUTES 57 SECONDS EAST 902.10 FEET; THENCE SOUTH 41 DEGREES 28 MINUTES 03 SECONDS WEST 1780.55 FEET TO THE CENTER LINE OF WATER ROAD; THENCE NORTH 71 DEGREES 46 MINUTES 40 SECONDS WEST ALONG SAID CENTER LINE 1034.35 TO THE POINT OF BEGINNING, IN THE TOWNSHIPS OF PLATO fr., AND ELGIN, IN KANE COUNTY, ILLINOIS. NOTICE OF HEARING CITY OF ELGIN SHADOW HILL SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on April 27, at 7:00 p.m. in the City Council Cham- bers 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 3625 and 3650 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.554 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be lev- ied for an indefinite 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 $146,000 annually for the cost of the services de- scribed 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 main- tain, repair, replace or pay for the improvements described above and/or any related costs for r those improvements, so as to require the City of Elgin to assume those responsibilities. The hear- ing 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 22nd of March, 2004. CITY CLERK i dr ""•• . 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