T24-05 Ordinance No. T24-05
AN ORDINANCE
ESTABLISHING THE EDGEWATER SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (#SSA 10)
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
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
ordinance be established as the Edgewater Subdivision 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
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 a 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
direct 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
subsequent 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. T19-05, entitled "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 Procedures Relating to the Establishment of
a Special Service Area," that Ordinance having been duly passed on April 13, 2005, and was
considered at a public hearing 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 the Elgin City Hall, 150 Dexter Court, Elgin, Illinois
(the"Hearing"); and
WHEREAS, the Notice of 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
Exhibit B; and
WHEREAS, the Notice of Hearing was also provided by mail, said notice being
deposited in the U.S. Mail on or before April 29, 2005, 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 incorporated
into this ordinance as Exhibit C. The Notice of Hearing was 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; and
WHEREAS, the Notice of Hearing complied with all applicable provisions and
requirements 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
opportunity 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
determine that it is in the public interest and in the interest of the City of Elgin and the Special
Service 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
incorporated into this text as if set out herein in full.
Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on May 11,
2005 at 7:34 p.m.
u.. Section 3. Establishment of the Special Service Area. The Edgewater Subdivision 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 C which is attached to and incorporated into
this ordinance by reference. The Edgewater Subdivision Special Service Area consists of
approximately 402 acres lying at the northeast corner of Bowes Road and Water Road in the City
of Elgin. An accurate map of the Edgewater Subdivision 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
establishing the Edgewater Subdivision Special Service Area is to 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 Edgewater Subdivision 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 Edgewater Subdivision 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
Edgewater Subdivision Special Service Area for an indefinite period of time commencing during
and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and
levied for the Edgewater Subdivision Special Service Area in an amount not to exceed an annual
rate of .67 (sixty-seven one hundredths percent)(.67 percent, being 67 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 Edgewater
Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the
Edgewater Subdivision Property Owners Association 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 Edgewater Subdivision Special Service Area and initially thereafter, the tax
levies are intended to produce approximately $304,500 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 provided by the City.
Section 6. Filing. The city clerk is hereby directed to file a certified copy of this
ordinance, 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.
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 Schock, ayor
Presented: July 13, 2005
Passed: July 13, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 14, 2005
Published: July 15, 2005
Attest:
rft plu,ez-.---
Dolonna Mecum, City Clerk
.• 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,
eft 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.
rik 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).
6
•
4/19/2005 •
NOTICE OF HEARING
CITY OF ELGIN Certificate of Publication in CourierNews
EDGEWATER SUBDIVISION
SPECIAL SERVICES AREA
STATE OF ILLINOIS
NOTICE IS HEREBY GIVEN that on May 11,at 7:00 p.m.in the City Council COUNTY OF KANE
hambers of Elgin City Hall,150 Dexter Court,Elgin,Illinois,a hearing will be held by
risk.e 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 FOX VALLEY PUBLICATIONS,DOES HEREBY CERTIFY:
incorporated by reference into this notice. That it is a corporation duly organized and existing under the laws of the State of Illinois;
The approximate location of the proposed Special service Area is 2700
Bowes Road in the City of Elgin,Kane That it is the publisher of The Courier News,a secular daily newspaper published in the City
Kane and of general circulation in said Cit County and State;and in
�•�� �;� .'j County, Illinois. An accurate map of Elgin,in Ka County,Illinois,an g a City, y t ,
;,vii AL%; t♦ a depicting the location of the proposed McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that
vt„to. �� - Special Service Area is attached to and it iS a newspaper as defined in An Act to Revise the Law in Relation to Notices”—Ill. Revised
1 'l i !E 1t i r incorporated by reference into this
r•IL -' -.•--+ ; notice as Exhibit B. Statutes,Chap.100,Sections 1,5 and 10.
I PIP- 11744 All interested personsaffect- --
!, edbytheproposedestablishmentofthe That a notice of which the annexed is a true copy has been regularly published in said
a' 1 C , �' Special Service Area will be provided
;I [`^ +7 with an opportunity to be heard on that newspaper r!,A.D.<=r time(s) each for
�r�ll issue and may object to the establish-
,,,.,.• U i i�'Iir -,- ment of the Special Service Area and successive ;that the I:': the tax levy affecting that Special G /� /
1114`1 I I 4I F Service Area first publication of said notice was on the /9 - day of Apil—f I ,20 03—...
OILMg.,�in■ The purpose for establishing and the last publication thereof was on the day of ,20
the Special Service Area is provide serv-.
4M11110.
• III-� ����I���IIi•_a.._ ices including the operation,mainte- that the face of type in which each publication of said notice was printed was the same as the body
:'i;o t ;;;/\fir' j nance, repair rehabilitation, replace- of type used in the classified advertising in the newspaper in which said publication was made;
SSA Mop Q ment and reconstruction of any site
.�. �cwaer . ' -,_ runoff storage area,drainageway,ditch,
Swale,storm sewer,or other stormwa- That said The Courier News has been regularly published in said City,County and State
Mr facility;costs of design,engineering and other consulting services,surveying and for at least one year prior to the first publication of said notice.
permits,public liability insurance,and all administrative,legal and other costs or
expenses incurred in connection therewith and with the administration of the Special Valley said F
WITNESS WHEREOF, sa Fox ae
In
Service Area,including the repayment of any loan or debt incurred for the provision of y Publications, p ublisher as aforesaid, has
such services.All the described services described are unique and in addition to serv- executed this Certificate of P blication by its Officer or Agent thereunto duly authorized this
ices generally provided by the City of Elgin. / d
At the hearing,all persons affected will be provided with an opportunity to ... `.�....day of... �`// ,20�_
be heard.At the hearing,a fax levy for the Special Service will be considered The pro-
posed anal tax levy for the Special Service Area is in an amount not to exceed an FOX V EY PUBLICAT INS
annual rate of.554 of the equalized assessed value of the property within the proposed
',v
Special Service Area and the tax will be levied for an indefudte period of time from and By ,,,,,,,
after the date of the ordinance establishing the Special Service Area These taxes shah i.t /
be in addition to all other taxes permitted by law and shall be levied.pursuant to the O F/¢��/ 'e 6</�
provisions of the Property Tax Code(35 ILCS 200/1-1 et seq).The tax levies are intend-
ed to produce approximately 6304,500.00 annually for the cost of the services described ✓a /3
above.The City of Elgin,however,may annually levy up to the maximum rate specified Printer's Fee$. Paid ,20
in the ordinance establishing the Special Service Area for the cosy of the services
' above as said services become necessary and are provided by the City of
in.Notwithstanding the foregoing,taxes shall not lie levied hereunder and the pro-
,sed Special Service Area shall remain abeyant and shall take effect only in the event NO 4.3 FOIi0 ArY
the homeowners'or other property owner association responsible for the property Cad A /D 3 377/
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 r' I
adjourned by the City Council of the City of Eight to another date without further BONNI G ��r UN -
notice other than a motion to be entered upon the minutes of its meeting firing the time NOTARY PUBLIC,STATE OF ILLINOIS
and place of its adjournment' -
. My Commission Expires April 6,2006
If a petition objecting to the establishment of the proposed Special Service -
Area,the tax levy,or the imposition of a fax 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 foal adjournment of the public hearing regarding the
i establishment of the proposed Special Service Area,no such Special Service Area may.
i be established nor any tax levied or imposed.
Dated this 14th of April,2005. - .
Loral Mecum
CITY CLERK 1033771
•
EXHIBIT B
EXHIBIT C
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
8
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 14th of April, 2005.
CITY CLERK
9
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