T34-06 r
n,,, Ordinance No. T34-06
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
WEST POINT GARDENS 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 West Point Gardens 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 100 Nesler
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.
elk 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 0.563 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 $138,600.00 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
WEST POINT GARDENS SUBDIVISION
SPECIAL SERVICE 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
,,,, 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.
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The approximate location of the proposed Special Service Area is
100 Nesler 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
F 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 0.563 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
$138,600.00 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.
r
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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. T27-06 passed June 28, 2006, entitled "An Ordinance
Proposing the Establishment of the West Point Gardens 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
elk
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Exhibit A
West Point Gardens
Parcel One: That part of section 18 and part of the northwest quarter of section 19, all in
township 41 north, range 8 east of the third principal meridian and part of the southeast quarter
of section 13, township 41 north, range 7 east of the third principal meridian, described as
follows: commencing at the northwest corner of the northeast quarter of said section 18; thence
south along the west line of said northeast quarter 462 feet to the center line of U.S. Route 20;
thence north 64 degrees 05 minutes west along said center line 30.36 feet to a point hereinafter
referred to as point "a"; thence south 64 degrees 05 minutes east along said center line of
highway 925.4 feet for the point of beginning; thence south 64 degrees 05 minutes east along
said center line 882.86 feet to a point 289.74 feet westerly of the intersection of the center of said
road with the center of a road running northeasterly through said section 18; thence south 31
degrees 30 minutes west parallel with the center of said road 792.99 feet; thence south 64
degrees 05 minutes east 289.4 feet to the center of road; thence south 31 degrees, 21 minutes
west 1868.62 feet to an angle in said road; thence south 50 degrees 05 minutes west 170 feet;
thence south 40 degrees 47 minutes west along the center of said road 2335 feet; thence north 49
degrees 39 minutes west 1502 feet; thence north 46 degrees 28 minutes east 992.2 feet; thence
north 46 degrees 39 minutes east 1479.8 feet to a point south 48 degrees east 20.92 chains from
the point on the township line 29 chains south of the northwest corner of said section 18
aforesaid; thence north 48 degrees west 591.3 feet to a point south 25 degrees 13 minutes west
from point "a" aforesaid; thence north 25 degrees 13 minutes east 1688.6 feet to a point 530.4
feet southerly measured along the last described line from said point "a"; thence south 64
degrees 05 minutes east parallel with The center line of U.S. Route 20, 926 feet to a point south
25 degrees 22 minutes west from the point of beginning; thence north 25 degrees 22 minutes east
524.8 feet to the point of beginning, situated in the townships of Elgin and Plato, County of
Kane, in the state of Illinois.
Parcel Two: That part of the northeast quarter of section 18, township 41 north, range 8 east of
the third principal meridian, described as follows: commencing at the northwest corner of said
northeast quarter; thence south along the west line of said northeast quarter 462 feet to the center
line of U.S. Route 20; thence south 64 degrees 05 minutes east along said center line 541.86 feet
for the point of beginning; thence south 25 degrees 55 minutes west 528 feet; thence south 64
degrees 05 minutes east parallel with the center line of said U.S. Route 20 351.78 feet; thence
north 25 degrees 55 minutes east 528 feet to a point on the center line of said U.S. Route 20
874.50 feet easterly of, measured along said center line, the west line of said northeast quarter;
thence north 64 degrees 05 minutes west along said center line to the point of beginning, in the
Township of Elgin, Kane County, Illinois (property commonly known as 100 Nesler Road).
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AExhibit B
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