T30-06 elk Ordinance No. T30-06
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
BOWES CREEK COUNTRY CLUB 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 Bowes Creek Country Club 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
3600 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 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:
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
August 23, 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 0.475 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 $289,500.00 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
BOWES CREEK COUNTRY CLUB SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on August 23, 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
3600 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, 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 0.475 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
$289,500.00 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. 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 Ordinance No. T23-06 passed June 28, 2006, entitled "An Ordinance
Proposing the Establishment of the Bowes Creek Country Club Subdivision Special Service Area
in the City of Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures" is
hereby repealed.
Section 5. 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: July 26, 2006
Passed: July 26, 2006
Vote: Yeas: 6 Nays: 0
Recorded: July 27, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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Exhibit A
Bowes Creek Country Club
Parcel 1: That part of the east half of section 25, township 41 north, range 7 east of the third
principal meridian, described as follows: Commencing at a found iron rod at the northeast corner
of the southeast quarter of said section 25; thence south 00°09'35" east, along the east line of said
southeast quarter, a distance of 16.24 feet to the southerly line of Bowes Road for a point of
beginning; thence continuing south 00°09'35" east along said east line of said section 25, a
distance of 553.01 feet to the northerly line of the Illinois gulf and central railroad per deed dated
December 8, 1886 and recorded as document number 9508; the following two courses are along
said northerly line; 1) thence northwesterly along a curve concave southerly having a chord
bearing of north 72°21'29" west and a radius of 5831.65 feet, for an arc length of 201.82 feet to a
point of tangency; 2) thence north 73°20'58" west a distance of 1504.99 feet to the southerly line
of said Bowes Road; the following three courses are along said southerly line; 1) thence easterly
along a curve concave northerly having a chord bearing of north 89°35'53" east and a radius of
1735.02 feet, for an arc length of 127.95 feet to a point of tangency; 2) thence north 87°29'08"
east, a distance of 299.01 feet; thence easterly along a curve concave southerly having a chord
bearing of north 87°47'15" east and a radius of 114559.00 feet, for an arc length of 1206.93 feet
to the point of beginning, also including that part of Bowes road lying perpendicular to the south
line of Bowes Road as described above, all in Kane County Illinois containing 13.01 acres of
land more or less.
Parcel 2: Those parts of the south half of section 25, the north half of section 36 and the northeast
quarter of section 35 all in township 41 north, range 7 east of the third principal meridian,
described as follows: Commencing at a found iron rod at the northeast corner of the southeast
quarter of said section 25; thence south 00°09'35" east, along the east line of said southeast
quarter, a distance of 770.34 feet to a point of intersection with the south line of the Illinois gulf
and central railroad per deed recorded December 8, 1886 as document number 9508 for a point
of beginning; thence continuing south 00°09'35" east along said east line, a distance of 1869.01
feet to a found iron rod at the northeast corner of the northeast quarter of said section 36; thence
south 00°18'36" east along the east line of said northeast quarter, a distance of 2656.69 feet to a
found iron rod at the southeast corner of said northeast quarter; thence south 88°31'19" west
along the south line of the north half of said section 36, a distance of 5335.16 feet to a found iron
rod at the southwest corner of the northwest quarter of said section 36; thence south 88°09'53"
west along the south line of the northeast quarter of said section 35, a distance of 1679.35 feet to
a found iron rod; thence north 00°27'05" west, a distance of 877.10 feet to a found iron rod;
thence north 84°29'44" west, a distance of 30.16 feet to a line 300.00 feet southeasterly of and
parallel with the centerline of Corron Road as monumented and occupied; thence northeasterly
along a curve concave northwesterly having a chord bearing of north 30°21'17" east and a radius
of 4901.00 feet, for an arc length of 624.57 feet to the south line of Sturbridge, according to the
plat of subdivision thereof recorded September 16, 1978 as document number 1479286; thence
south 83°40'33" east along the south line of said subdivision, 1425.81 feet to a found concrete
monument at the southeast corner of said subdivision being also a point on the west line of the
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�* northwest quarter of said section 36; thence north 00°48'45" east along said west line, 1450.58
feet to a found iron rod at northwest corner of the northwest quarter of said section 36; thence
north 88°31'25" east along the north line of said northwest quarter, a distance of 1320.77 feet to
the west line of the east half of the southwest quarter of said section 25; thence north 00°46'42"
west along said west line, a distance of 2645.67 feet to the north line of said southwest quarter;
thence north 88°37'18" east along said north line, a distance of 1308.56 feet to the southerly line
of a parcel conveyed to Commonwealth Edison Company per deed recorded march 16, 1978 as
document number 1448597; thence along the boundary of said parcel for the following three
courses; 1) thence south 71°58'14" east, a distance of 220.82 feet; 2) thence south 73°20'58" east,
a distance of 772.87 feet; 3) thence north 00°04'47" west, a distance of 108.60 feet to the south
line of the aforesaid Illinois Gulf and Central Railroad; the following two courses are along the
south line of said railroad; 1) thence south 73°20'58" east, a distance of 1550.94 feet to a tangent
curve; 2) thence easterly along a curve concave southerly, having a radius of 5641.65 feet for an
arc length of 260.03 feet to the point of beginning, all in Kane County Illinois containing 592.07
acres of land more or less (property commonly known as 3600 Bowes Road).
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QExhibit B
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