T26-06 I '
Ordinance No. T26-06
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
VECE RIDGE SUBDIVISION
SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS
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
ordinance be established as the Vece Ridge Subdivision Special Service Area of the City of
Elgin for the purposes described in this ordinance (the "Special Service Area"); and
WHEREAS, the approximate location of the proposed Special Service Area is 1700
Rohrssen Road in the City of Elgin, Cook County, Illinois. An accurate map depicting the
location of the proposed Special Service Area is attached to and incorporated by reference into
this ordinance 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:
es.. 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
July 26, 2006, 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
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 ordinance.
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 0.313 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 $5,100.00 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
VECE RIDGE SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on July 26, 2006, 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
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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 1700
Rohrssen Road in the City of Elgin, Cook 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, 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
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 0.313 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
$5,100.00 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. 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.
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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 day of , 2006.
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: June 28, 2006
Passed: June 28, 2006
Vote: Yeas: 7 Nays: 0
Recorded: June 29, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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Exhibit A
Vece Ridge
Parcel 1: Part of the northeast quarter of section 17, township 41 north, range 9 east of the third
principal meridian described as follows: commencing at the southeast corner of lot 3 of the
county clerk's subdivision of lands of doc. #2227308; thence southerly along the east line of said
section 17, 66.1 feet; thence westerly along a line parallel to and 66.0 feet (measuring at right
angles) south of the south line of said lot 3, 915.1 feet; thence southerly at an angle of 93 degrees
and 16 minutes measured clockwise from the last described course, 705.0 feet; thence westerly at
an angle of 93 degrees and 16 minutes measured counterclockwise from the last described
course, and parallel with the westerly extension of the south line of said lot 3, 564.1 feet for a
point of beginning; thence continuing westerly along the last described course 585.5 feet; thence
southerly at an angle of 93 degrees 00 minutes measured clockwise from the last described
course, parallel with the west line of the northeast quarter of section 17, 707.6 feet to the south
line of said northeast quarter section, said point being 622.0 feet east of the center of said section
17; thence easterly at an angle of 88 degrees and 02 minutes measured clockwise from the last
described course, along the south line of said northeast quarter of section, 585.0 feet; thence
northerly parallel with the west line of said northeast quarter section, 718.34 feet to the point of
beginning (excepting therefrom the east 150.00 feet as measured between parallel lines thereof
also excepting therefrom the following described parcel of land: that part of the northeast quarter
of section 17 aforesaid described as follows: commencing at the southeast corner of lot 3 of the
County Clerk's subdivision of land document # 2227308, thence southerly along the east line of
said section 17, 66.1 feet; thence westerly along a line parallel to and 66.0 feet, (measuring at
right angles) south of the south line of said lot 3, 915.1 feet; thence southerly at an angle of 93
degrees and 16 minutes measured clockwise from the last described course, 705.0 feet; thence
westerly at an angle of 93 degrees 16 minutes measured counterclockwise from the last described
course, and parallel with the westerly extension of the south line of said lot 3, 999.47 feet to the
point of beginning; thence continuing westerly along the. Last described course, extended 150.13
feet; thence southerly at an angle of 93 degrees 00 minutes measured clockwise from the last
described course, parallel with the west line of the northeast quarter of said section 17, 707.6 feet
to the south line of said northeast quarter of section 17, said point being 622.0 feet east of the
center of said section 17; thence easterly at an angle of 88 degrees and 02 minutes measured
clockwise from the last described course along the south line of said northeast quarter section,
150.0 feet; thence northerly parallel with the west line of said northeast quarter of section 710.31
feet to the point of beginning, in Cook County, Illinois.
Parcel 2: The east 150.0 feet as measured between parallel lines of the following described tract:
that part of the northeast quarter of section 17, township 41 north, range 9, east of the third
principal meridian, described as follows: commencing at the southeast corner of lot 3 of the
county clerk's subdivision of lands recorded as document 2227308; thence southerly along the
east line of said section 17, a distance of 66.1 feet; thence westerly along a line parallel to and
66.0 feet measured at right angles south of the south line of said lot 3, a distance of 915.1 feet;
thence southerly at an angle 93 degrees and 16 minutes, measured clockwise, from the last
described course a distance of 705.0 feet; thence westerly at angle of 93 degrees and 16 minutes,
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k measured counterclockwise from the last described course, and parallel with the westerly
extension of the south line of said lot 3 a distance of 564.1 feet for a point of beginning; thence
continuing westerly along the last described course, a distance of 585.5 feet; thence southerly at
an angle of 93 degrees and 00 minutes, measured clockwise from the last described course,
parallel with the west line of the north east quarter of section 17 aforesaid, a distance of 707.6
feet to the south line of said northeast quarter said point being 622.0 feet east of the center of said
section 17; thence easterly at an angle of 88 degrees and 02 minutes, measured clockwise from
the last described course, along the south line of said northeast quarter a distance of 585.0 feet;
thence northerly parallel with the west line of said northeast quarter a distance of 718.34 feet to
the point of beginning, in Cook County, Illinois (property commonly known as 1700 Rohrssen
Road).
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Exhibit B
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