T37-06 Ordinance No. T37-06
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
HIGHLAND WOODS/FOY PROPERTY SUBDIVISION
SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS
AND PROVIDING FOR A PUBLIC HEARING
AND OTHER RELATED PROCEDURES
(899 and 900 Coombs Road)
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
resolution be established as the Highland Woods/Foy Property Subdivision Special Service Area
of the City of Elgin for the purposes described in this resolution (the "Special Service Area");
and
WHEREAS, the approximate location of the proposed Special Service Area is 899 and
900 Coombs 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
October 11, 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 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 0.517 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 $357,600.00 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
HIGHLAND WOODS SUBDIVISION
SPECIAL SERVICE AREA
NOTICE IS HEREBY GIVEN that on October 11, 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 899 and
900 Coombs 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 0.517 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
$357,600.00 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.
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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: September 13, 2006
Passed: September 13, 2006
Vote: Yeas: 7 Nays: 0
Recorded: September 14, 2006
Published:
Attest:
Dolonna Mecum, City Clerk
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Exhibit A
Highland Woods/Foy Property
Parcel A: That part of the northeast quarter of section 11, township 41 north, range 7 east of the
third principal meridian, described as follows: beginning at a point in the east line of said
northeast quarter, 8.23 and a half chains north of the southeast corner of the northeast quarter of
said section 11, thence along the section line 11.76 and a half chains; thence west parallel with
the south line of said section 11.1 chains; thence south 29 degrees 10 minutes west 5.47 chains to
a point in the center of the highway; thence south 51 degrees east along the center of said
highway 4 chains; thence south 64 degrees east along the center of said highway 9.78 chains;
thence southeasterly along the center of said highway about 9 rods to the east line of said section
11; thence north along the section line 4 and a half rods to the point of beginning, in the
Township of Plato, Kane County, Illinois.
Part of the southeast quarter of section 2 and part of the northeast quarter and northwest quarter
of section 11, township 41 north, range 7 east of the third principal meridian, described as
follows: beginning at the southeast corner of said section 2; thence north along section line
15.12 chains; thence west parallel with south line of said section, 28.36 chains; thence south 8
degrees east 15.27 chains to a point on the south line of said section, 6.05 chains west of the
southeast corner of the west half of the southeast quarter of said section 2; thence west along said
south line 17.65 chains to a point in the center of the road; thence south 17 and a quarter degrees
east along the center of said road 2.55 chains; thence south 47 degrees east along the center of
said road 8.60 chains; thence south 55 degrees east along the center of the said road 6.40 chains;
thence south 67 degrees east along the center of said road, 5.87 chains; thence south 56 and three
quarters degrees east along the center of said road, 7.17 chains to a point in the west line of the
northeast quarter of the northeast quarter of section 11, aforesaid 1.53 chains north of the
southwest corner thereof; thence southeasterly along the center of said road to its intersection
with the south line of said northeast quarter of northeast quarter of section 11; thence south 43
and one half degrees east, 6.25 chains; thence north 29 degrees east 5.47 chains to a point in the
south line of the northeast quarter of the northeast quarter of section 11; thence east 11.10 chains
to the east line of section 11; thence north 20 chains to the northeast corner of said section 11 and
the point of beginning (except that part of the north half of section 11, township 41 north, range 7
east of the third principal meridian described as follows: Beginning at the northwest corner of
the northeast quarter of said section; thence east along the north line of said section 805.2 feet to
the center line of the ditch of the Plato Rutland drainage district; thence south 48 degrees 25
minutes west 819 feet to the center line of the public highway; thence northwesterly along said
center line of a 3 degrees 11 minutes curve to the right 686.9 feet to the north line of said section;
thence east along said north line 223.6 feet to the point of beginning), in the township of Plato,
Kane County, Illinois.
And also except: That part of section 11, township 41 north, range 7 east of the third principal
meridian, further described as: commencing at the northeast corner of said section 11, township
41 north, range 7 east of the third principal meridian; thence south 00 degrees 07 minutes 24
seconds east, 1324.65 feet along the east line of said section 11; thence south 89 degrees 18
5
minutes 17 seconds west, 732.60 feet; thence south 28 degrees 54 minutes 35 seconds west,
361.02 feet to the centerline of highways as described per deed 982345; thence north 42 degrees
55 minutes 49 seconds west along said described centerline, 69.34 feet to the point of beginning;
thence north 34 degrees 55 minutes 02 seconds east, 388.75 feet; thence north 45 degrees 22
minutes 03 seconds west, 560.00 feet; thence south 34 degrees 55 minutes 02 seconds west,
398.03 feet to the aforementioned described centerline (the following three courses are along
said described centerline); thence south 56 degrees 45 minutes 00 seconds east, 48.65 feet;
thence south 50 degrees 42 minutes 34 seconds east, 157.13 feet; thence south 42 degrees 55
minutes 49 seconds east, 354.61 feet to the point of beginning, all in Township 41 north, range 7
east of the third principal meridian, Kane County, Illinois.
The northwest quarter of the northwest quarter of section 12, township and range aforesaid, in
the township of Plato, Kane County, Illinois.
That part of the west half of section 12, township 41 north, range 7 east of the third principal
meridian, described as follows: commencing at the northeast corner of the southwest quarter of
the northwest quarter of said section 12, thence west along the north line of said quarter 554.8
feet for the point of beginning; thence south parallel with the west line of said section 1497.32
feet to the center line of state road; thence northwesterly along the center line of said state road
376.31 feet; thence northeasterly at right angles to said center line 215.0 feet; thence
northwesterly at right angles to the last described line 336.80 feet; thence southwesterly at right
angles to the last described line 215.0 feet to the center line of said state road; thence
northwesterly along said center line to the west line of said section 12; thence north along said
west line 12.32 chains to the northwest corner of the southwest quarter of the northwest quarter
of said section; thence east along the north line of the southwest quarter of said northwest quarter
781 feet to the point of beginning, in the township of Plato, Kane County, Illinois.
That part of the southwest quarter of section 1, township 41 north, range 7 east of the third
principal meridian described as follows: beginning at the southwest corner of said southwest
quarter; thence north 0 degrees 44 minutes 16 seconds east along the west line of said quarter
section 1004 feet; thence south 89 degrees 38 minutes 10 seconds east parallel with the south line
of said quarter section 1323.63 feet; thence south 0 degrees 44 minutes 16 seconds west parallel
with the west line of said quarter section 1004 feet to the south line of said quarter section;
thence north 89 degrees 38 minutes 10 seconds west along said south line 1323.63 feet to the
point of beginning, in the township of Plato, Kane county, Illinois.
Parcel B: That part of the southwest quarter of section 1, township 41 north, range 7 east of the
third principal meridian described as follows:
Commencing at the southwest corner of said southwest quarter; thence northerly along the west
line of said quarter 1004.0 feet for the point of beginning; thence easterly along a line parallel
with the south line of said quarter forming an angle of 89 degrees 33 minutes 23 seconds from
the prolongation of the last described course (measured clockwise therefrom) 1323.63 feet;
thence southerly along a line parallel with said west line forming an angle of 89 degrees 33
minutes 23 seconds from the last described course (measured counter clockwise therefrom)
1004.0 feet to a point on said south line that is 1323.63 feet easterly of said southwest corner;
6
emk thence easterly along said south line forming an angle of 89 degrees 33 minutes 23 seconds from
the last described course (measured clockwise therefrom) 1335.34 feet to the southeast corner of
said quarter; thence northerly along the east line of said quarter forming an angle of 89 degrees
52 minutes 49 seconds with the last described course (measured clockwise therefrom) 1792.75
feet to the south right of way line of the Iowa, Chicago and Eastern Railroad (formerly known as
the Chicago, Milwaukee and St. Paul railroad); thence westerly along said south right of way
forming an angle of 103 degrees 46 feet 54 seconds with the last described course (measured
clockwise therefrom) 2713.15 feet to the said west line; thence southerly along said west line
forming an angle of 76 degrees 46 minutes 54 seconds from the last described course (measured
clockwise therefrom) 1429.65 feet to the point of beginning in Plato township, Kane County,
Illinois.
Parcel C: That part of the southeast quarter of section 1 and that part of the northeast quarter of
section 12, township 41 north, range 7 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 252.92 feet for the point of beginning; thence south 73 degrees, 30
minutes, 32 seconds east 757.33 feet; thence north 12 degrees, 28 minutes, 20 seconds east
1055.2 feet; thence north 29 degrees, 45 minutes, 00 seconds east 687.83 feet to the center line of
highland avenue road; thence southeasterly along said center line to the east line of said
southeast quarter of section 1; thence southerly along said east line and the east line of said
northeast quarter of section 12 to the southeast corner of said northeast quarter; thence
northwesterly to a point on the west line of said northeast quarter that is 735.24 feet north of the
southwest corner of said northeast quarter; thence north along said west line 1650 feet to the
point of beginning (except that part described as follows: commencing at the southwest corner
of said southeast quarter of section 1; thence north along the west line of said southeast quarter
712.5 feet; thence southeasterly along a line forming an angle of 98 degrees, 50 minutes, 0
seconds to the right with the prolongation of the last described line 965.2 feet for the point of
beginning; thence continuing southeasterly along the last described line 791 feet; thence
northeasterly along a line forming an angle of 81 degrees, 08 minutes, 00 seconds to the left with
the prolongation of the last described line 405.1 feet to said center line of highland avenue road;
thence northwesterly along said center line 655.8 feet; thence southwesterly 688 feet to the point
of beginning and also except that part described as follows: commencing at the southwest corner
of said southeast quarter; thence northerly, along the west line of said southeast quarter, a
distance of 712.50 feet; thence southeasterly, along a line that forms an angle of 98 degrees 50
minutes, 00 seconds to the right with the prolongation of the last described course, a distance of
1756.20 feet to the southeasterly corner of document no. 1515428 for the point of beginning;
thence southeasterly, along a line that forms an angle of 21 degrees, 44 minutes 26 seconds to the
right with the prolongation of the last described course, a distance of 330.92 feet; thence
northeasterly, along a line that forms an angle of 102 degrees 52 minutes 26 seconds to the left of
the prolongation of the last described course, parallel with the southeasterly line of said
document no. 1515428, a distance of 405.10 feet to the center line of highland avenue road;
thence northwesterly, along said center line, a distance of 330.92 feet to the northeasterly corner
of aforesaid document no. 1515428; thence southwesterly, along the southeasterly line of said
document no. 1515428, a distance of 405.10 feet to the point of beginning), (except that part
. lying in highland avenue as dedicated per document number 526525) in Plato Township, Kane
County, Illinois.
7
The northeast quarter of the northwest quarter of section 12, township 41 north, range 7 east of
the third principal meridian, in the township of Plato,Kane County, Illinois.
Parcel D: That part of the west half of section 7, township 41 north, range 8 east of the third
principal meridian described as follows:
The north 300 feet of the south 320 feet of the northwest quarter of said section 7 and also the
south 20 feet of the east 300 feet of said northwest quarter of section 7, and also; the north 280
feet of the east 300 feet of the southwest quarter of said section 7, all in Kane County, Illinois.
Parcel E: That part of the northwest quarter of the southeast quarter of section 7, township 41
north, range 8 east of the third principal meridian, lying northerly of the following described line:
beginning at a point on the west line of said quarter-quarter that is 300 feet southerly of the
northwest corner thereof(as measured along said west line); thence easterly to a point on the east
line of said quarter-quarter that is 400 feet southerly of the northeast corner thereof(as measured
along said east line), said point being the point of terminus of the hereon described line, in the
township of Elgin, in Kane County, Illinois.
Parcel F: That part of the south half of section 7 and part of the north half of section 18, all in
township 41 north, range 8 east of the third principal meridian, described as follows:
rh. Beginning at a point in the south line of the southeast quarter of said section 7 aforesaid, 76
links ( 50.16 feet) east of the southwest corner thereof; thence south 20 degrees 41 minutes 33
seconds west (bearings assumed for description purposes only), 370.47 feet; thence north 64
degrees 10 minutes 48 seconds west, 227.18 feet; thence north 49 degrees 04 minutes 53 seconds
east, 475.91 feet; thence south 20 degrees 41 minutes 33 seconds west, 68.51 feet to the point of
beginning, in the township of Elgin, Kane County, Illinois.
Parcel G: That part of the southeast quarter of section 7 and that part of the northeast and
northwest quarters of section 18 township 41 north, range 8 east of the third principal meridian,
described as follows:
Beginning at a point in the south line of the southeast quarter of said section 7 aforesaid, 76 links
east of the southwest corner thereof; thence south 21 degrees west 6.70 chains to the center of the
state road; thence south 64 degrees 5 minutes east along the center of said road 17.50 chains;
thence north 21 degrees east 41.68 chains; thence south 80 3/4 the degrees east 11.41 chains to
the east line of section 7; thence north along said east line 13.01 chains to a point 3.24 chains
south of the northeast corner of the southeast quarter of section 7; thence north 83 degrees west
20.16 chains to the west line of the east half of said south east quarter of section 7; thence south
along said west line 12.04 chains to a point 6.65 chains north of the southeast corner of the
northwest quarter of the southeast quarter of section 7; thence south 43 1/4 degrees west 9.12
chains to a point in the south line of the northwest quarter of the southeast quarter of section 7
aforesaid, 6.22 chains west of the southeast corner of said quarter; thence west along the south
line of said quarter, 5.44 chains; thence south 21 degrees west 21.25 chains to the point of
beginning, in the township of Elgin, Kane County, Illinois. Excepting therefrom the follow
8
described tract, that part of the south half of section 7, township 41 north, range 8 east of the
third principal meridian, described as follows:
Commencing at the northwest corner of the northwest quarter of the southeast quarter of said
section 7; thence north 89 degrees 55 minutes 18 seconds east (bearings assumed for description
purposes only) along the north line of said quarter-quarter , 1319.05 feet to the east line of said
quarter-quarter; thence south 00 degrees 08 minutes 39 seconds east along said east line, 400.00
feet to the point of beginning; thence south 85 degrees 44 minutes 47 seconds east, 161.14 feet;
thence south 23 degrees 53 minutes 29 seconds east, 345.44 feet; thence south 21 degrees 15
minutes 29 seconds west, 1240.00 feet; thence south 64 degrees 03 minutes 02 seconds west,
507.30 feet; thence north 88 degrees 04 minutes 12 seconds west, 450.00 feet; thence north 20
degrees 41 minutes 33 seconds east, 814.12 feet to the south line of the aforementioned quarter-
quarter; thence north 89 degrees 42 minutes 13 seconds east, 359.04 feet along said south line;
thence north 42 degrees 52 minutes 16 seconds east, 601.76 feet to the aforementioned east line
of said quarter-quarter; thence north 00 degrees 08 minutes 39 seconds west, 485.77 feet along
said east line to the point of beginning, in the township of Elgin, Kane County, Illinois (Property
commonly known as 899 and 900 Coombs Road).
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Exhibit B
,Aii[__.J 0 1000 2000 Feet Highland Woods/Foy Property
nsiii T. 42 N.
IF
3- 35 3
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T. 41 T. 41 N.
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