T44-06 Ordinance No.T44-06
AN ORDINANCE
ESTABLISHING THE
WEST POINT GARDENS SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA#16)
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 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 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. T34-06, entitled "An Ordinance
Proposing the Establishment of the West Point Gardens 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
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.
Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on
August 23, 2006 at 7:44 pm.
2
Section 3. Establishment of the Special Service Area. The West Point Gardens
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 West Point Gardens Subdivision Special
Service Area consists of approximately 172.0 acres in the City of Elgin. An accurate map of the
West Point Gardens 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 West Point Gardens 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 West Point Gardens 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 West Point Gardens
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.
rSection 5. Tax Levy. The cost of the services described in Section 4 of this ordinance
F shall be paid by the levy of a direct ad valorem tax upon all taxable property within the West
Point Gardens 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 West Point Gardens Subdivision Special Service Area in an amount not to
exceed an annual rate of.563 [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 West Point
Gardens 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 West Point Gardens Subdivision Special Service Area and initially thereafter,
the tax levies are intended to produce approximately $138,600.00 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.
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.
3
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.
d 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:
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Dolonna Mecum, City Clerk
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WEST POINT GARDENS SUBDIVISION
SPECIAL SERVICES AREA
NOTICE OF HEARING: MAILING
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Exhibit B
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NOTICE OF HEARING
CITY OF ELGIN
WEST POINT GARDENS 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 100 Nester 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 establish-
ment 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 de-
sign, 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 0.563 of the equal-
ized 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. Not-
withstanding 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 prop-
erty 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 Ser-
vice 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 re-
cord 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
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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
eisk
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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Exhibit B
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WEST POINT GARDENS SUBDIVISION
SPECIAL SERVICES AREA
LEGAL DESCRIPTION FOR
WEST POINT GARDENS SUBDIVISION
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Exhibit C
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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
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t 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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WEST POINT GARDENS SUBDIVISION
SPECIAL SERVICES AREA
SSA DISTRICT MAP FOR
WEST POINT GARDENS SUBDIVISION
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Exhibit D
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A Exhibit D
N
x600 0 600 1200 Feet West Point Gardens
T. 41 N.
12 8-
Plank
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Territory of ,
SSA District
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