T39-06 Ordinance No. T39-06
AN ORDINANCE
ESTABLISHING THE
TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#11)
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 C to this
ordinance be established as the Tyler Creek Plaza Resubdivision No.1 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 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. T29-06, entitled "An Ordinance
Proposing the Establishment of the Tyler Creek Plaza Resubdivision No.1 Subdivision Special
Service Area in the City of Elgin and Providing for a Public Hearing and Other Related
Procedures," that ordinance having been duly passed on July 26, 2006, and was considered at a
public hearing 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 the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the
"Hearing"); and
WHEREAS, the notice of the 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 A; and
WHEREAS, the notice of the Hearing was also provided by mail, said notice being
deposited in the U.S. Mail on or before August 4, 2006, 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 B. 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
rk 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.
2
Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on
August 23, 2006 at 7:44 pm.
Section 3. Establishment of the Special Service Area. The Tyler Creek Plaza
Resubdivision No.1 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 Tyler Creek Plaza
Resubdivision No.1 Subdivision Special Service Area consists of approximately 8.3 acres in the
City of Elgin. An accurate map of the Tyler Creek Plaza Resubdivision No.1 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service Area is to
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 Tyler Creek Plaza
Resubdivision No.1 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 Tyler Creek Plaza Resubdivision No.1 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 Tyler
Creek Plaza Resubdivision No.1 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special
Service Area in an amount not to exceed an annual rate of.654 [E.g., ten one-hundredths percent
(.10 percent, being 10 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 Tyler Creek Plaza Resubdivision No.1 Subdivision Special Service
Area shall remain abeyant and shall take effect only in the event the Home Owner's 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 Tyler Creek Plaza Resubdivision
No.1 Subdivision Special Service Area and initially thereafter, the tax levies are intended to
produce approximately $10,500.00 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.
3
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.
/I s
Ed Schock, Mayor
Presented: November 8, 2006
Passed: November 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 9, 2006
Published: November 10, 2006
Attest:
Do onna Mecum, City Clerk
r
4
,(Fp(Y'i a is f
r 4 4 t� 4. t# ri t; i e ` �" J ix l�
'' IIO1II1erINkVVS
$ 1 ry R tF �y r ,,9 R
's:cs _ . ... > � ,, Certificate o/Publication in
,, M1,4.;;:i',4
at ,,,,,,,,00,6_c „r 4 f tc^a y 'a',c, }7a- e'^A 4'f t',1" ,�^,4 sae.,`'' +-',' , °`t.�A e x s k: v ' STATE OF ILLINOIS
wr rmt x - M o. + P ]I`+ COUNTY OF KANE
t mod ° a' s
` � , FOX VALLEY PUBLICATIONS,DOES HEREBY CERTIFY
5� �1.� .R ,y ,� That it is a corporation duly organized and existing under the laws of the State of Illinois;iji-
�' '' °ba r. a ii rda, yw` _w,� , Y i That it is the publisher of The Courier News,a secular daily newspaper published in the City
L.,1,$ ,,... �r ^� .-frt.+,0, a 1 d"�'W tea, '.
i of Elgin,in Kane County, Illinois, and of general circulation in said City, County and State; and in
*t' - """�f ; €" ;r a:, 40' d � , `+ " '1' �,4+ McHenry County and portions of Cook and DuPage Counties,and in cities in Kane County;and that
.."..fix *9'4" `� '' .,v ; „cy„ e' +ySx x Aa, ,r` ':t4"�'Y a ,r_
'';14"511-'17'7°' ,, 1 it is a newspaper as defined in An Act to Revise the Law in Relation to Notices Ill. Revised
� , pg Statutes,Chap. 100,Sections 1,5 and 10.
k W_ - " �, That a notice of which the annexed is a true copy has been regularly published in said
4, r ,, A. ;r""k `J. '1 SA n. 'v�,3i .i"4rl i�IC1 &i ,, �i
'^ ' ' r I ate. ,� newspaper E times) each
for
' successive ;that the
0•, `' ^" '"' .•, .,`'`�F ' ,t ,,..i,`. <.#..F ,s ; first publication of said notice was on the V! ' day of 4.41.U.6.T , 20 .O.�a
' � x r 'w and the last publication thereof was on the day of 20
'' ,��w WY:, `- 6 A may: ,,F that the face of type in which each publication of said notice was printed was the same as the body
° "" ' "� w ' �, of type used in the classified advertising in the newspaper in which said publication was made,
' .fix r= .. . ' ,'»�r,. I 4 ,' That said The Courier News has been regularly published in said City, County and State
'* H rte*'« h* '",',�, i 4 I i for at least one year prior to the first publication of said notice.
.wa.rtt.sfiait.�'fiauai ..' r i _. l 4,.
,; `' ;a mss q 4 * „ ,x S$' In WITNESS WHEREOF, said Fox Valley Publications, publisher as aforesaid, has
". .,, t .'> _ r 4,,4=.#1-,::- .': {o& ' executed this Certificate of blication by its Offi cer or Agent thereunto duly authorized this
,, 't, it a-:r"m 1,;,,,,z . 1: „,...4.0,,,,,ofa 1,°Y,,,,'!l' ,° w S.Y(+”. g!,tiro' E
y: ,_ . .7",h ' .tki ,>4 r h't s ! � ' day of. u.G u A$ T , 20 4).4".
x i&u2..' . ' ;Rn taE' yra, ,y X.
;; k � ' 44 FOX V Y PUBLICATI• S•
44.0..t.- "E '-':• r,, i rtd. i „sy 0R3'�1 ° 4dlcrta.. p-7'k
.
7nefi r 4 a , ', 0 #E'',4-3,i r11.14
' y t
ar } F v»M *es,...,-t.....:.2S1 f F� ..'F +y rA B de
e'
`c ` ....,.. c .1q^"''{ i% ri;z i tr �'xa r' 1 rk✓ I y ° . . . . .
4 3
.rf r9 i Y d4"a3 ,...I.'' + y;,i.:;)
. ' " . r ,p\ '--,�v ,20 4,. r v r ,t N i 4a eY �s 1 a , o- : d Printer's Fee
. wi I� .t. �Paid
1 � I G
K$ 1 aL/.�
' ffVVV//
�� , µ - ( ,� No �� Folio .
uu o}r k � '� M1t a'F,,., .k 4.,6 Y"RS-v P n ,cif,, 1} + '.
a:.,j,„.�.0 { d ' BONNIE G. BRAUN
NOTARY PUBLIC,STATE OF ILLINOIS
+k ,, a ar ',.a.e ow,,'. 4,,,ti °'
My Commission Expires April 6,2010
x _ ..,....:,_:_,...1.,.,„.....,_:,..._ .. _ ,,..:,,,.. -,.. ..:,, ,,60, ,,,c,-21,.i.,,,
t r r x a A
s.. a' �•
✓ r .� a.,a,�
t 1 4
1
„t..,i4.,1 ,it.ii . ., .- , ,-. .:4.. ....-...?‘,..,..1 .-:-.): '..i•-,'.-,',.:::!', at, _,,: __. -,„
.,:, . .,„ ,.;:_,.,: 4.. .._.,_.,__ :,,,..1.,..,...„ f ....-•''' '-,';Fe '14'*-::‘ ..if I
,t{ ..,; _ ,�4n . 4 ....i.-i ..e ,' .-1 t I . �_ _ , � x�a .; Y y.. _a �ms `i , s e y y .� � T�•
•_.. ...„,,.• ; -' fi�� h , . n� .. � w s- ,r 3 }�y � np. a _'' I . ' C a '33,y� u r +u ' � ,t'l,r i..'' � ti"} � i p + 1_ s3 y r ! , " z ° + -` h Ct+ j ! M dce ' ` d a t � - v a Sal+ f ' ' • ,c t c . p:: '� r •S -� y } •�" ♦ 3 1;1 r t l s , e ,:, .4., ` , i s rT l .; _ t. .d "9 + ' '+te w , 7i$-•
..:„ :i; •:.- AIM 3.. c a",i',44-''
a s : f""•5 er
„..2- ._
9 ,3t:,,:",
i •P/9121 Il�7
Nard
eti_Eal-g../16"
74-7;(4
rdmihdfc31 /0/Q
el,
S d2d,o' nJ 5 e im / .
ge_alt
Z6:gai. .47. S
TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION
SPECIAL SERVICES AREA
NOTICE OF HEARING: MAILING
r
r
Exhibit B
Exhibit B
NOTICE OF HEARING
CITY OF ELGIN
TYLER CREEK PLAZA RESUBDIVISION NO.1 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
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 1175
North McLean Boulevard and 1475 Todd Farm Drive 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 0.654 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 $10,500.00 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.
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 4th Day of August, 2006.
Delonna Mecum
CITY CLERK
r
TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION
SPECIAL SERVICES AREA
LEGAL DESCRIPTION FOR
TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION
r
r
Exhibit C
Exhibit C
Tyler Creek Plaza Resubdivision No.1
Overall Parcel
Lot 2 Of Tyler Creek Plaza III Subdivision in the City of Elgin, according to the Plat
thereof recorded on November 21, 1994 as Document Number 94k085450, in Kane
County, Illinois.
Commercial Parcel
Commencing at the Northeast Corner of said lot 2; thence North 89 degrees 54
minutes 12 seconds West, along the Northerly line of said lot, a distance of 431.81
feet; thence South 00 degrees 53 minutes 50 seconds East, along the Westerly line
of said lot, a distance of 88.00 feet to the Point of Beginning; thence South 44
degrees 54 minutes 12 seconds East, a distance of 84.85 feet to a Point on a Line
370.29 feet Westerly of and Parallel with the Easterly Line of said lot; thence South
00 degrees 05 minutes 48 seconds West, along said Parallel Line, a distance of
342.85 feet to the Northeast corner of lot 1 of said subdivision; thence South 89
degrees 59 minutes 26 seconds West, along said North line, a distance of 208.00
feet to the Northwest corner of said lot 1 and a point on the Easterly right of way line
of McLean Boulevard and the Westerly line of said lot 2; thence North 00 degree 53
minutes 50 seconds West, along said West line of said lot 2, a distance of 403.29
feet; thence South 89 degrees 54 minutes 12 seconds East, a distance of 155.00
feet to the point of beginning. (Property commonly known as 1175 McLean
Boulevard)
Residential Parcel
Lot 2 of Tyler Creek Plaza III Subdivision in the City of Elgin, according to the Plat
thereof recorded on November 21, 1994 as Document Number 94k085450, in Kane
County, Illinois; except the following described parcel:
Commencing at the Northeast corner of said lot 2; thence North 89 degrees 54
minutes 12 seconds West, along the Northerly line of said lot, a distance of 431.81
feet; thence South 00 degrees 53 minutes 50 seconds East, along the Westerly line
of said lot, a distance of 88.00 feet to the Point of Beginning; thence South 44
degrees 54 minutes 12 seconds East, a distance of 84.85 feet to a point on a line
370.29 feet Westerly of and parallel with the Easterly line of said lot; thence South
00 degrees 05 minutes 48 seconds West, along said parallel line, a distance of
342.85 feet to the Northeast corner of lot 1 of said Subdivision; thence South 89
degrees 59 minutes 26 seconds West, along said North line, a distance of 208.00
feet to the Northwest corner of said lot 1 and a point on the Easterly right of way line
of McLean Boulevard and the Westerly line of said lot 2; thence North 00 degree 53
minutes 50 seconds West, along said West line of said lot 2, a distance of 403.29
feet; thence South 89 degrees 54 minutes 12 seconds East, a distance of 155.00
feet to the Point of Beginning. (Property commonly known as 1475 Todd Farm Drive)
r
TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION
SPECIAL SERVICES AREA
SSA DISTRICT MAP FOR
TYLER CREEK PLAZA RESUBDIVISION NO.1 SUBDIVISION
r
r
Exhibit D
Exhibit D
- A N
'too 0 400 800 Feet Tyler Creek Plaza
T. 41 N.
33
7-J-1 /- 1011.,
, ..." .
Territory of
SSA District
'74' '
co
ai
l
- 17 1 I I 2 II W
11110
-elk
10
I ( f7