T35-08 11111111 111111
L2OQ2181- 083E,66
State of Illinois )
County of Kane) ss SANDY WEGMAN
kECORDER - KANE COUNTY, IL
City of Elgin ) .
REEOh::_D: 11/5/E008 8:41 }!hi
EC FEE: --J.04 �!i S=E= =EE: 10.00
: �
PAGES: 18
CERTIFICATE OF CITY CLERK
I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. T35-08
AN ORDINANCE
ESTABLISHING THE
MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA
OF ELGIN, ILLINOIS (SSA#20)
AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF
PAYING THE COST OF PROVIDING SPECIAL SERVICES
IN AND FOR SUCH AREA
passed by the Elgin City Council at its legally convened meeting held on October 22, 2008.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this November 4, 2008.
:%)a �MtiWS
e> •_ :. City erk
14 1
:c� :. ..-
This instrument prepared by: Return to:
William A. Cogley Diane Robertson cirk
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Ordinance No.T35-08
AN ORDINANCE
ESTABLISHING THE
MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA
OF ELGIN, ILLINOIS (SSA #20)
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 A to this
r ordinance be established as the Madison Homes 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. T25-08, entitled "An Ordinance
Proposing the Establishment of the Madison Homes Subdivision Special Service Area in the City
r"' of Elgin and Providing for a Public Hearing and Other Procedures Relating to the Establishment
of a Special Service Area," that Resolution having been duly passed on July 9, 2008, and was
considered at a public hearing held by the City Council of the City of Elgin on August 13, 2008
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 July 25, 2008, 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 13, 2008 at 7:40 pm.
r
2
Section 3. Establishment of the Special Service Area. The Madison Homes Subdivision
rik 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 Madison Homes Subdivision Special Service Area consists
of approximately 8.96 acres located on the northeast side of Highland Avenue and Trinity
Terrace in the City of Elgin. An accurate map of the Madison Homes 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 Madison Homes Subdivision Special Service Area is to provide services
including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of
any site runoff storage area, drainageway, 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 Madison Homes 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 Madison Homes 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 Madison
Homes 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 Madison Homes Subdivision Special Service Area in an amount not to exceed an
annual rate of .762 [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 Madison
Homes Subdivision Special Service Area shall remain abeyant and shall take effect only in the
event the Madison Homes Home Owners' 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 Madison Homes Subdivision Special Service Area and initially thereafter,
the tax levies are intended to produce approximately $13,200.00 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.
r
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.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 22, 2008
Passed: October 22, 2008
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: October 23, 2008
Published: October 24, 2008
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
fiSB: ;,f
re9f:, li:< ,------ e*,'Sikl:
r
4
Notice of Hearing Published in Courier News
SSA#20
Madison Homes
r
EXHIBIT A
•
NOTICE OF HEARING
CITY OF ELGIN
MADISON HOMES SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on August 13, 2008, 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 2250 Highland Avenue
in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the pro-
posed Special Service Area is attached to and incorporated by reference into this notice as Ex-
hibit 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 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 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 Area will be considered. The proposed annual tax
levy for the Special Service Area is in an amount not to exceed an annual rate of 0.762 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 establish-
ing 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 etseq).
The tax levies are intended to produce approximately $13,200.00 annually for the cost of the ser-
vices 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 de-
scribed above as said services become necessary and are provided by the City of Elgin. Notwith-
standing 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.
r
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 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, and 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 Ser-
vice Area may be established nor any tax levied or imposed.
Dated this 26th Day of July, 2008.
Diane Robertson
CITY CLERK
r
Exhibit A
Madison Homes
Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of Section
9, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Beginning at the Northwest corner of said Lot 1; thence
South 61 degrees 08 minutes 50 seconds East along the North line of said
lot, a distance of 386.93 feet measured (386.69 feet record), to a jog in said
North line; thence South 89 degrees 59 minutes 09 seconds East along said
North line 375.44 feet measured, (375.50 feet record), to the Northeast
corner of said lot; thence South 0 degrees 00 minutes 15 seconds West
along the East line of said lot, 830.0 feet to the Southeast corner thereof;
thence North 89 degrees 58 minutes 54 seconds West along the South line
of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly
line of Highland Avenue (being a jog in said South line); thence North 65
degrees 23 minutes 01 seconds West along the Northeasterly line of
Highland Avenue and the Southwesterly line of said lot, a distance of 208.59
feet; thence North 38 degrees 10 minutes 06 seconds East 382.54 feet;
thence North 14 degrees 31 minutes 33 seconds West 239.37 feet; thence
North 61 degrees 08 minutes 49 seconds West 546.69 feet to the
Southeasterly line of Trinity Terrace (also the Northwesterly line of said Lot
198); thence Northeasterly along said lot line being on a curve to the left
having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of
the last described curve bearing North 41 degrees 46 minutes 22 seconds
East 131.18 feet); thence North 36 degrees 44 minutes 18 seconds East
along said lot line, 44.56 feet to the point of beginning, containing 8.9587
acres in Kane county, Illinois.
r
. -
' A
N Exhibit B
N
500 o Feet T. 41 N. Madison Homes
\___
1 l / /
. A
i
Territory of
II
�� ' District
tiicy ' ' •411111111"1 orii:W4SSA
00
•
p_____.
-/
16
_.4 17 15
� N lifk
/ _____________I
. .. , :. ,
/ \ I
Records( Njx Responsible
For Reprobtxixxie
.. .
ellw
NOTICE OF NEARING., ,-
..:::,. .. ....,:.....,,,,.....:„.. . .
•
, , .- - ••••••••
CITY OF-ELGIN
.....
7-.• MADISON HOMES SUBDIVISION
. . ...,... .. _
... ,.., ..._
SPECIAL SERVICES AREA
.,......._ ,,„. . •:.,, ... ,, .
. .. NOTICE IS HEREBY RIVEN that On August 13,12008,at 7:00 pin.in the City Council
Chess of Elgin Ply Hall,150 Pester Court,Elgin,Illirioirr,a hearing will be held by the City
Council of the City Of BO)to consider the establ-Warrant of a Special Service Area consisting
Pttenitory legally described in Exhihit A Whictits attached to and incorporated by reference
iritu 1155 notice.
,..The approximate location of the proposed Special Service Area is 2250 Highiand.Avenue in
the titypf.Elgin,/cane todrttYlliinois:tAkaccurate map dePfofff.4 the location of tbeelo20.sed t:- ../... ' - '- '','- -- .- - r ' -:•:',::' -' 1? Elfittli
SesrcialSeriticelArea is to and incoroonded by reference into this hotice as Limb, . .., ... ,,,., .: , -., : , .: ., .„ . ,
la,:::'::::.,:.:":,'.-.".':.'',,":':'.,.:::.„,....Kg4,:c.'.:.:.::lti,,,,--"'.....,-",-. ...'.2.-... .,."...',:':,.;::::17.:::,:i. ,.,... .,:i:::::::',.•...,......, ::'.t''...:: :;::. ..,'.',.,.....E'- '',,...Z-:.':",..•.''','1:"::':::"..:1- ;• •-:'''.!• ,- :: • , - '' ::: : -::• ' • : ' i
._,,, _.• . , . ., .. . , ,,. . ..,.. ,. ...
All interested itereOiaelteated by ie.Prei.41e.-.4:6Sitibileilnehi'Of the SPedel.Senfice Area ; ' -77'-, ' . , •,1'T.41N,• t-,•.: - :. .'masses Hones -•• •
;Will be provided with an opportunity to be heard on that issue end may obled to the establish ::,',-,±',.:,t'lEj':1:::t.,"-fingillffilliagnallag MillIMININI '
'.111f"1 of the Special P.940..A034'.100!PO ttlxleYY effecting dial 50Wa-4 Service Area.-•':. -,
The purpose leraStablishito die special Seivite.Area tete provide services Including the
operation;.rnainlenance.',-.rePelt:rehablItation;::toplaCernentatici4econstreCtionOt any Site
ittnotf storage area;damage way,diti;11 siettle, lorrn sower,or oilier Stoirrivretar tecifity.;coats
.. .....,
. .. -
of design,engineering end other.consit g serylciee.'eurVeY111.204Penoits:WhIfo liability In-
any Icart or debt heisted for the provalond atichiainiiCas:Al the desCribed services described
are oniciPe and in addition Er services generally provided by the City of Elgin..-,-, . -... . ' 1 . ,
,..At itte:Aujing;eltliersdniieflacted vAl(be:PiiwIdeOlytikiiiPi3pOriunitylcr be heajd.Al the ... .....,,,...,..... ..
!ileatIng.--a,tax.(eyy for the Special SerykeArea:441....bapipaidered:The proposed anneal bpi . . ... )lot
.. 1
levy kit the Special SerirlciAreele In an amount nut to exceect an annual rats of 0:762 of the
scsvllnrid assessed value of the property within the proposed Special Service Area and tbe ...
. . ,.t. .
‘ex Wilt be levied bran Indefinite period of time from and sitar the of the Ordinance]es-
i. =, .': a t4. 4 ',, 40■%..,,b,,,,, ,.....„:„.._. ,,
...b.,„..,,„,,,,,,,„,..perylce Aree.Theeetreeee eheljbele. .. to all other tiOiea Oftel,,It.
led • and shall botened. lo. provisioner), -Property Tax Code(35-ILP. 1-- ,,.'.
:20(Plaw': 'l . .: T .-'Pv`s:an'taiiaift, --. ---- '
_ et seq).The tax levies are I produce approximately 513,200.06 annually kin • ..saa,.--T4 SSA District
the oust of the seetticeirlescribeciebotirt.:Ttie Citxof,13filei h_OWeYet.may enriiallY)444:0t.0
this maximum rate speCified In the ordinenceeung the Special Service Areaforthet,Og : It-''•--11-;,:k..t,t,::-:tri::-. .t.,.„ „,:t7,7. IIT 4, PIL-;, 44.41111 :-:i:' ,. „:.„i•.iij
of tiiislieiviceideaciitiedabwe esseld-eatekee-betOnte reeOrtealitY end ate PrOVidedhVire i ::,:i. ',. .1')-•...4-,17:7W,4;i..1Warii.M
if7fiefElgin.teiheithatafilIng the toregOing;tibaila abillina bele*fecl beratinderancithetprotti
§ZS.vtzfs,c1.0f...5!40.0..Areft4AlKfernete.ePlaYaPt.000.0t4:1.04:AC.t. .Veq-lbel •
')'",,
or other properly owner association rwip'or:tie:property within the pro,,
r itneed- Special Service Area fella to riainieliirepair,',Seplakte-Cipoy..fot the ten,prouriments der.
..,
SdainitabOvettnitior luiY reiatedrieetiibr those.iniproverpentg tic ah tritiittiAre the.City.61.-Eigie
te,tikailare thaseresponsibIllUes.Thetifieringe.ireibeedpiiinedbYtheCityCoUrage)thi.eity . ..-, ..--;.":::;.-4: -...:-..'.T:-..r .-,---.:'....--..,-.-...!.-...':..:...•:,......,:::.:.--......,.,.-...-,.,.
.
*Pgifilo enedierClateyrithrikftettreirleildsedret ..040.1:0tiflOn'.494e:'cr*fed upon ttfe:iefe,
Uteri of Its meeting fixing ttie-Am0,thq plate-Of its adjournment.--:.-:,;,::1:. ....:;::,-.-1..:-,.- .:„.:::,--',::....
It petition objecting ii611)Mi■ii Oiti.;i;;i4iiiii;di;Oi-:,ii :,iO.i Area.the lair levy, '.' -'::- :::- . ' . -:141k1- .:''''."
or the imposition of lax for the provision of spetitafeerVicestaipe proposed Special Service
!Arai has beerreignedbYat!Oat filtyrine Peroent(5114)1:Ortheterattors residing within the pie-
064.'4 SPeclar SerVIce Area,and byat twist ony.piiii-parrienf15114)ef the owners of!steel of i!
title land InductixielUrin the pounclarieSel the proposed Special Service Ares:and is flied with
. 0..city of.pgin City Clerk Within sixty1601 days fo9oWingthrienalridJoumment of the 061:41c
hearing regarding the eatablishment ot the proporteid„ppectat Penrice:,Anal,no suefi,Special Ille
Saner*Area may be established ner,any tax levied or imposed. ..,.t..;;.;:.;..',7::::',':-',: .:' ,.. :•:::r- ::::Iti''''..77.77'14■41/1'::'::.'":.
Data thie 26th pini,4..i!o, ootv.:.,-,,,,:,...,..-„,.-,.,...;.:,,,,,..,...,,E-..:: ::„..,,,,,,,,,,, ,,-...,..-,,.,-,
iiiiiibiiA =:';'2::::':,1'"'-'.%.:'''':::''.',1•']:1..r. '''''''':'..;:.-1.'- ..! '
' ''''...- iiriiiiih■ Iii It
):Hltiiidi:siiiiilloiiiiii-: --:,, '': -:... .--:' -'" -- : 7",,..v.-- .., :. ': ...." . '• - _, - , -,-.e''-.;44.V 2'i 7008
Pail 61 Lot.198 inVallei Creek Grill riiilii?uil-iiiidhiteiegitepertot Seraien 9,Township 41
North;Range.8-Etta of the Third , ildian:disCribed as lollowsiBeginrilrig at the
Northwest ner pl.sald Lot 1;thence . fit degrees..08 minutes 50 seconds East along
the North line of sal'd int,.a distance ot386:93:;feetnteatiored4388.09 feet recard),to alIii
said North line.;thence South 89 degrees 58 trinuteit 09 seconds East steno said North line
375.44 feet tmeasured.1375.50 teat record),to the-Northeastcomer of said Ioti thence South
.0 degrees oa.minutes 15 seconds West along the East line of said lot,830.0 teat to.toe
Southeast corner thereat;thence Nonlife)degrees 58 minutes 54 seconds West along the.SOulh .
line of Saki lot 33823 feet Measured;(338.26 teat reroro)to the Northeasterly the of Highland.
Avenue(being a jog in said South line);thence North 65 degrees 23 minutes 01.seconds West
along tte.Nctheaeterly...tine of Highland Avenue_and.the Southwesterly line of said lot,a dls-.
lianeerfil.208.59 feet'thence North 313:degrees JO minutes 06 seconds East 382.54 feet; .
thence North 14.'degreeti 31 iiiriutris-33'seconds West 239.37 feet;thence North 61 degrees
08 Minutes 49 seconds West.546.69 lest to the Southeeslenly lase of Trinity Terrace(also the
Northwesterly lined said Lot 198);thence Northeasterly along said lot line being on a curve
to the left having aradids of 754.54 feet,Sri arc distance 01 131.35 toot(the chord of the last
described curve bearing North 41 degrees 46 minutes 22 seconds East 131,18 fe;totithence
North 36 degreei44 minutes 18 seconds East said lot line,44.56 feet to the A of be-
ginning.6°613)PIP2.0.5557 acres tin Kane-county.
rm. .
pooR()FiKosiAL.
ecords(Not Rt‘"Pcniibis
For Reproductions
NOTICE OF HEARIINGG Suburban Chicago Newspapers
CITY-OF ELGIN Certificates of Publication
iISON HO VIES SUBDIV ISION State of Illinois—County of❑Cook [Kane ❑Lake ❑McHenry
CIAL SERVICES AREA u ❑DuPage ❑ Will
t GIVEN that on fygust t3`2008,:atJ.0O p m.in the City Council
ci1yHef4+50Deide(Coutt'�+ t vctnbefietat0ynieGty Suburban Chicago Newspapers does hereby certify it has published the attached
)f E10" mnsid4r the e'sfed --0 ivice Area::jeti ace
mowed m t. wt A+-1,to a nea to and Inoorpore+od>bf en advertisements in the following secular newspapers. All newspapers meet Illinois Compile
,kcatandlneprop oaedSpeaatSeMceAreais2250HghiaridAvenueln Statue requirements for publication of Notices per Chapter 7.15 ILCS 5/0.01 et seq.R.S. 18
pa P728 Sec 1,EFF.July 1, 1874.Amended By Laws 1959,P1494,and EFF.July 17, 1959.
�- ' s4 '.- Formerly Ill.Rev. Stat 1991,.CH100,P1...
songafteixed M the.proppsed establletidien of the Service
�anoppornr....,— e--,—.ntb_,.., • eerd o 000.11V�� Note: Legal Notice appeared in the following checked positions.
service Area andthe tax,ievy affecting t at S Area.•
es theSpec7d Servke�rea as io ailidii setvFcea'lrtclurAn�S?e. •
ante,-repa r otiaarouri,..ieplcment and teaH,ni4*W oeigrtrty Ito PUBLICATION DATE(S): 7%£2/' /TO -
dk.001:ewaY:.t outs,s0_T!"- ma,,0-stoirrrerpkitk�-04y;cosh
lug a4001.ccoiwu sei?iie Lnd pat!ns+.pLdk7abddy l i.
intnlstrmwevlegal Incurred irl-corxiectioti /
lie admfntslra+bnAt gaial • ickdr'gthe / t.i...42.1.'
P
rrredtorthepravfato�iot services:Althedesakiedservices escrmed •
05109114 ,-,,,--.444:,,--inaecvicesgenenaihn f� y,t ,iy , rt2;1R
f persons affected wN he' with n}t'oppurr..,._ Meru
forthe Spedat Ser ice Area witi 4ensda d.The:proposed;nnual tax
Sefv xi Area)s In en t to exce -arrtuel rate of 0762 ci the .
I value.tilr.propeAlt n oposed 4 Area endue
ran Jndedndeperiod of Lme.rom akarthe data at ddnaiiceias.
ial Sefvls;e Area:,These taxes be in eddip76 to aY r taxes permit=
I belevreapi eentrome �� ; CS ❑ The Beacon News The Courier News
Ialtauresare3rifenaed3 t.*1.�Ceappn 41 b6164;h r
rues - Chr igtiS iI�Wly Mire
pem)edin thantdltaroes �r g Spe iind: or#te asst
edaboveas:sed andarc pyme
,rrelgre, �^�rnol' dmr r fir. ❑ The Herald News Lake County News-Sun
•
,eta �, > ,r the im r n>n a,e pro
r(ce leda9 etafor erfji r lofth irsthe rlientsde-
sre!hra tes.Th o altt a to ityCo e. d
, poigg ;,�a,.aa a ,m,city li, El Tile Naperville Sun
tab pwi outkrsherabno oilier than to be entered upon the mks-
a e Weekly Papers
s
a'iarfortiseprbvfSOOT:t aalmkb Stothe roposedSpeciinviepice.
adbyatleealflny-uneper vent(51xp!--.s es areaoonerikin vie pro-
60 ❑Batavia Sun
Ice°Area,anritiyall tlifly-onapercant(51%o'7.y ownersof record of t
y� ,p )6o ayaPr'opioeAd . - in aildij rono offiled I
Fie sata b{isT,nielxatttreptop need Sp.dfasomiteArea.rioa;drgoodel ID Bolingbrook Sun•_ o< -figa � k, El Downers Grove Sun
y A�x e "' �� ❑Fox Valley Villages Sun
r' N it As ' •, 5m ; ❑ Geneva Sun
j ▪ disco s ❑ Glen Ellyn Sun
rt"' t ..5r+ #Sect,ona. wrretip4y.
r' r- �stodow.mogiorrirwat;+fw ❑ Homer Township/Lockport/Lemont Sun
;,ie7d�tA1 tfierica ;6�. soAeCOrda'Eaat fot>a
I I-. � � ti ❑ Lincoln Way Sun
No_'hl9deg ee5gminiidee a said
u • osad lottrence
❑Lisle Sun 3750 e *Ii p3, 16.,-)4,,c ` ` °"etao' '� [ Plainfield
Sun
lsmoe"°`
n tmes' '°1e89 nG�lo> $sne 6W
,. oewt a line
7seconda#:177d
w�'es .
❑ St. Charles Sun
¢i 0�m �econdooEast38Zfr k
reee`� • 33a.cainde�'b ` Nort 61=degrees
wide est:'&#u4St ya't e a 601,,eTetrace elaoifie ❑ Wheaton Sun
d; ot'i tii+eoce dY- 4`` � re gotta
i aalarioe F 1 feet(the, dill the
�2ai. East t3'�5
Rliiirwfe.0 . ta.t saldiot - .ieet�the ru IN WITNESS WHEREOF,the undersigned,being duly authorized,has caused this Certiti
s '4' .. iblt B to be signed and its official seal affixed at Aurora,Illinois
41
i t .i.aMoniiowa0a
°OFFICIAL SEAL'' F KIMERY S FRANZE•
•• NOTARY
N a 4 „ I. r: Xt.o►s CQMMISS1oN EXPIRES 10/16/0 t - Yt 1 t ,' „ � John G.Bteschke� �V� i a i l -.
a _ tea Legal Advertising Manager(Official Title)
•
i'
Wi- 11444,:..Litto_,,,,4,;$-&.„. 14.,....,-: :.,,,,,,,:-.-,' A 7 Subscribed and sworn to before me e i. Day • ` _ A D. Cj>20
' T'i toryoQ . "S --
•
-4-1Y''''t1<;•.."; ..----sigael.:4''''''''' .•'10•'-'f'-'
A' Notary Public
Y h E
; d
NOTICE OF HEARING
CITY OF ELGIN
MADISON HOMES SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on August 13, 2008, 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 2250 Highland Avenue
in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the pro-
posed Special Service Area is attached to and incorporated by reference into this notice as Ex-
hibit 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 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 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 Area will be considered. The proposed annual tax
levy for the Special Service Area is in an amount not to exceed an annual rate of 0.762 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 establish-
ing 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 $13,200.00 annually for the cost of the ser-
vices 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 de-
scribed above as said services become necessary and are provided by the City of Elgin. Notwith-
standing 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.
r
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 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, and 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 Ser-
vice Area may be established nor any tax levied or imposed.
Dated this 26th Day of July, 2008.
Diane Robertson
CITY CLERK
r
Exhibit A
Madison Homes
Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of Section
9, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Beginning at the Northwest corner of said Lot 1; thence
South 61 degrees 08 minutes 50 seconds East along the North line of said
lot, a distance of 386.93 feet measured (386.69 feet record), to a jog in said
North line; thence South 89 degrees 59 minutes 09 seconds East along said
North line 375.44 feet measured, (375.50 feet record), to the Northeast
corner of said lot; thence South 0 degrees 00 minutes 15 seconds West
along the East line of said lot, 830.0 feet to the Southeast corner thereof;
thence North 89 degrees 58 minutes 54 seconds West along the South line
of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly
line of Highland Avenue (being a jog in said South line); thence North 65
degrees 23 minutes 01 seconds West along the Northeasterly line of
Highland Avenue and the Southwesterly line of said lot, a distance of 208.59
feet; thence North 38 degrees 10 minutes 06 seconds East 382.54 feet;
thence North 14 degrees 31 minutes 33 seconds West 239.37 feet; thence
North 61 degrees 08 minutes 49 seconds West 546.69 feet to the
rik Southeasterly line of Trinity Terrace (also the Northwesterly line of said Lot
198); thence Northeasterly along said lot line being on a curve to the left
having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of
the last described curve bearing North 41 degrees 46 minutes 22 seconds
East 131.18 feet); thence North 36 degrees 44 minutes 18 seconds East
along said lot line, 44.56 feet to the point of beginning, containing 8.9587
acres in Kane county, Illinois.
r
. .
A.
N Exhibit B
o soo ,000 Feet T. 41N. Madison Homes
i / r \
J - 1
) ( - _ ' //
7 __a_ ----)
-7:1
:• AL : /
11
% '
I p ,
z ii III
Territory of —
r _______,----__
, „ ... --.
" C SSA District --
i. , u..i
co
/..... / fi
W
J
\� 15
x'17 16
/
i_____
r 7 N----- __-__--__-.,_
dilli
, ) ...
PO(c .:tiKiNAL
Recocdsr Not Rovonsibis
For fiew ttIrons
Exhibit C
Madison Homes
Part of Lot 198 in Valley Creek Unit 1, being a subdivision of part of Section
9, Township 41 North, Range 8 East of the Third Principal Meridian,
described as follows: Beginning at the Northwest corner of said Lot 1; thence
South 61 degrees 08 minutes 50 seconds East along the North line of said
lot, a distance of 386.93 feet measured (386.69 feet record), to a jog in said
North line; thence South 89 degrees 59 minutes 09 seconds East along said
North line 375.44 feet measured, (375.50 feet record), to the Northeast
corner of said lot; thence South 0 degrees 00 minutes 15 seconds West
along the East line of said lot, 830.0 feet to the Southeast corner thereof;
thence North 89 degrees 58 minutes 54 seconds West along the South line
of said lot 336.23 feet measured, (336.26 feet record) to the Northeasterly
line of Highland Avenue (being a jog in said South line); thence North 65
degrees 23 minutes 01 seconds West along the Northeasterly line of
Highland Avenue and the Southwesterly line of said lot, a distance of 208.59
feet; thence North 38 degrees 10 minutes 06 seconds East 382.54 feet;
thence North 14 degrees 31 minutes 33 seconds West 239.37 feet; thence
North 61 degrees 08 minutes 49 seconds West 546.69 feet to the
Southeasterly line of Trinity Terrace (also the Northwesterly line of said Lot
198); thence Northeasterly along said lot line being on a curve to the left
having a radius of 754.54 feet, an arc distance of 131.35 feet (the chord of
the last described curve bearing North 41 degrees 46 minutes 22 seconds
East 131.18 feet); thence North 36 degrees 44 minutes 18 seconds East
along said lot line, 44.56 feet to the point of beginning, containing 8.9587
acres in Kane county, Illinois.
r
Exhibit D
' 4: -50r0 ,___ _201/100 0 Ire et
iiiiiredzaLwelom... 41N. milineibriadison Homes i
riv 4 it mirip
itil
:10 "42 lig.",
101. - ii; 4 wl I ril I I‘ Territory of
ini: It . ,.. , , ,, S District
hi
1
I IL IP (411111111111
pi , 11.40:4:11,.
i s pi 16
P*A.&.._._ 1 .101
iplitirlighilldi
R41.Z.F:itonsime t
•
October 16, 2008 ;•• ar
4.y
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Lydia Treganza, Associate Planner
SUBJECT: Ordinance Initiating Hearing Procedure for Creating "Backup" Special Service
Areas for Stormwater Management Facilities within the Castle Creek and
Creekside Subdivisions
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information on the ordinance initiating the hearing procedure for creating "backup" special
service areas for the stormwater management facilities within the Castle Creek and Creekside
Subdivisions.
RECOMMENDATION
It is recommended that the City Council approve the proposed ordinance initiating the hearing
procedure for creating "backup" special service areas for the stormwater management facilities
in the referenced subdivisions with the recommended annual tax levy.
BACKGROUND
Stormwater Management Ordinance's Special Service Area Requirements
In December 2001, the City Council adopted by reference the Kane County Stormwater
Management Ordinance as the stormwater management ordinance of the City (Ordinance No.
G80-01). Adopting the Kane County Stormwater Management Ordinance enabled the City to
continue issuing stormwater development permits for construction within the City rather than
ceding that permitting authority to Kane County.
The stormwater ordinance states that unless the maintenance responsibility for the stormwater
drainage system and special management areas to be constructed, installed or preserved in
connection with a development has been or will be accepted as public improvements by the City,
a special service area must be established either as the primary means of providing for the long
term maintenance of the facilities or as a backup vehicle in the event the party designated as
having primary maintenance responsibility fails to adequately carry out its duties. The
stormwater management ordinance requires the developer to consent to the establishment of any
such special service area as a condition to the approval of any development application requiring
a stormwater management permit.
Ordinance Establishing Backup Special Service Area Hearing
October 16, 2008
Page 2
Creating "Backup"Special Service Areas for Stormwater Management
The "Special Service Area Tax Law" (SSA Tax Law) (35 ILCS 200 27-5 et seq.) generally
authorizes units of local government to levy or impose taxes at different rates upon persons or
property within its boundaries in order to pay off the indebtedness for a capital improvement or
to pay the operational cost of providing some special service. For purposes of the special service
area contemplated by the stormwater management ordinance, the City's estimated costs for
providing the services shall be paid by the levy of a direct annual ad valorem (according to
value) tax 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 the enabling ordinance.
When creating a"backup" special service area, the ad valorem property taxes shall not be levied
or take effect unless 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
stormwater management improvements and/or any related costs for those improvements so as to
require the city to assume those responsibilities; hence the term "backup" special service area.
The first step in creating a backup special service area is for the City Council to pass an
ordinance (1) proposing the establishment of the designated special service area, and (2)
providing for a public hearing on the matter. The ordinance must legally describe the property
that will be located within the proposed special service areas and must also provide a map
depicting the location of the proposed areas along with the commonly known locational
description of the proposed areas. The ordinance must also specify the date for the public
hearing and provide the form of the public notice for the public hearing that will be mailed to the
interested property owners and also published in a local newspaper.
The attached ordinances are proposing the establishment of special service areas for the
stormwater management facilities in the referenced subdivisions. The ordinances provide that
the public hearings on the proposed special service areas will occur on December 3, 2008, at
7:00 p.m. The public hearings will be conducted in conjunction with the regularly scheduled
City Council meeting scheduled at that time. Notice of the public hearing must also be published
in either the Courier News or the Daily Herald at least once not less than fifteen (15) days prior
to the public hearing.
The SSA Tax Law requires the City to make a good faith estimate of the tax rate required to
produce a tax to be levied upon all the taxable property within the proposed special service areas
that is sufficient to cover the expected long-term maintenance costs of the facilities. These
figures have been incorporated into the ordinances establishing the hearings to consider the
creation of the proposed backup special service areas.
Public Hearing for "Backup"Special Service Area
The public hearing regarding the establishment of the proposed special service areas must allow
any interested person to file written objections with the City Clerk and to be heard orally at the
hearing (SSA Tax Law, Section 27-35). The public hearing must be conducted by the City
Council and as noted above, may be scheduled to take place as part of a regularly scheduled City
Council meeting. The hearing may be adjourned by the City Council to another date without
further notice other than a motion to be entered upon the minutes of its meeting fixing the time
Ordinance Establishing Backup Special Service Area Hearing
October 16, 2008
Page 3
and place of its adjournment. As stated above, the ordinances provide that the public hearings on
the proposed special service areas will occur on December 3, 2008, at 7:00 p.m.
Objection Petition to "Backup"Special Service Area
If a petition objecting to the establishment of a proposed special service area, the tax levy, or the
imposition of a tax for the provision of special services to a 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 signed 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
Clerk within sixty (60) days following the final adjournment of the public hearing, the proposed
special service area may not be established nor any tax levied or imposed (SSA Tax Law,
Section 27-55).
Ordinance Establishing "Backup"Special Service Area
The City may adopt ordinances creating the backup special service areas not less than sixty (60)
days following the final adjournment of the public hearing provided a valid objection petition has
not been filed. The City Clerk is then required to file a certified copy of the ordinances,
including their exhibits, in the office of the County Clerk and in the office of the County
Recorder following their passage and approval. The ordinances adopting the backup special
service areas may be approved by the City Council on February 11, 2009.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The fiscal services director has determined the proposed annual tax levy for the backup special
service areas is sufficient to provide for the estimated annual maintenance costs for the
stormwater management facilities within the developments.
The proposed annual tax levy for the Castle Creek Subdivision Special Service Area is in an
amount not to exceed an annual rate of 2.181 cents per $100 of the equalized assessed value of
the property within the proposed Special Service Area. The tax levy is intended to produce
approximately$89,620 annually for the cost of the maintenance services.
The proposed annual tax levy for the Creckside Subdivision Special Service Area is in an
amount not to exceed an annual rate of 1.552 cents per $100 of the equalized assessed value of
the property within the proposed Special Service Area. The tax levy is intended to produce
approximately$45,203 annually for the cost of the maintenance services.
LEGAL IMPACT
rOrdinances establishing the backup special service areas must be drafted in the event the City
Council decides to create the backup special service areas.
Ordinance Establishing Backup Special Service Area Hearing
October 16, 2008
Page 4
411)
ALTERNATIVES
1. The City Council may choose to increase the proposed annual tax levy for the backup
special service areas.
2. The City Council may choose to reduce the proposed annual tax levy for the backup
special service areas.
Respectfully submitted for Council consideration.
LMT
Attachments
1