T38-08 Ordinance No. T38-08
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
CEDAR GROVE SUBDIVISION
SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS
AND PROVIDING FOR A PUBLIC HEARING
AND OTHER RELATED PROCEDURES
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(1) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, it is in the public interest that the area legally described in Exhibit A to this
ordinance be established as the Cedar Grove Subdivision Special Service Area of the City of
Elgin for the purposes described in this ordinance (the "Special Service Area"); and
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WHEREAS, the approximate location of the proposed Special Service Area is
901 Corron 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.
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Section 2. That a public hearing shall be held by the City Council of the City of Elgin on
December 17, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter
Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of
territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both
exhibits being attached to and incorporated by reference into this ordinance.
At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax
levy for the Special Service Area is in an amount not to exceed an annual rate of 1.438 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 $103,115.00 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
CEDAR GROVE SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on December 17, 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.
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The approximate location of the proposed Special Service Area is
901 Corron 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 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 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 1.438 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
$103,115.00 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 c la day of `,�,L,_,, , 2008.
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.
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Ed Schock, Mayor
Presented: November 19, 2008
Passed: November 19, 2008 ,i o 4�`
Vote: Yeas: 5 Nays: 0 u� ;;,
Recorded: November 20, 2008 ��'' Z•.
Published: :, :,l p
‘'')'2 Attest: .,,,„�
4"`1'FT����
Diane Robertson, City Cle,
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Exhibit A
Cedar Grove
That Part of the North Half of Sections 25 and 26, Township 41 North, Range 7, East of the
Third Principal Meridian, Described as Follows: Beginning at the Southeast Corner of the
Northeast Quarter of said Section 26; Thence South 88 Degrees 26 Minutes 05 Seconds West,
Assumed Bearing, Along the South Line of Said Northeast Quarter, 935.80 Feet to the Centerline
of Corron Road; Thence Northerly Along Said Centerline, Along a Curve Concave Westerly,
Having a Radius of 1682.19 Feet and a Chord Bearing of North 05 Degrees 14 Minutes 48
Seconds East, an Arc Length of 435.06 Feet, to a Point of Tangency; Thence North 02 Degrees
09 Minutes 45 Seconds West, Along Said Centerline, Tangent to the Last Described Curve,
1122.66 Feet to the Centerline of Bowes Road; Thence Southeasterly Along Said Centerline of
Bowes Road, Along a Curve Concave Southerly, Having a Radius of 2292.01 Feet and a Chord
Bearing of South 66 Degrees 48 Minutes 37 Seconds East, an Arc Length of 59.99 Feet to a
Point of Tangency; Thence South 66 Degrees 03 Minutes 38 Seconds East, Along Said
Centerline, Tangent to the Last Described Curve, 14.77 Feet to a Point of Curve; Thence
Continuing Along Said Centerline, Along a Curve Concave Northerly, Having a Radius of
7162.03 Feet and a Chord Bearing of South 68 Degrees 29 Minutes 08 Seconds East, an Arc
Length of 606.26 Feet to a Point of Tangency; Thence South 70 Degrees 54 Minutes 38 Seconds
East, Along Said Centerline, Tangent to the Last Described Curve, 739.71 Feet to the
Northwesterly Corner of a Tract of Land Conveyed to Michael A. Dimiceli and Cheryl A.
Dimiceli by Deed Recorded as Document 91k21899; Thence South 17 Degrees 55 Minutes 10
Seconds West, Along the Westerly Line of Said Dimiceli Tract, 215.57 Feet to the Southwest
Corner of Said Dimiceli Tract; Thence South 70 Degrees 42 Minutes 02 Seconds East, Along the
Southerly Line of Said Dimiceli Tract, 198.40 Feet to the Southeast Corner of Said Dimiceli
Tract; Thence North 18 Degrees 36 Minutes 28 Seconds East, Along the Easterly Line of Said
Dimiceli Tract, 181.81 Feet to the Northwest Corner of Lot 9 in Mary Allen's Plat of East Plato,
Said Point Being on the Southerly Line of Said Bowes Road; Thence South 70 Degrees 54
Minutes 07 Seconds East Along Said Southerly Line of Bowes Road, 497.34 Feet to the
Northeast Corner of Lot 3 in Said Mary Allen's Plat of East Plato; Thence South 19 Degrees 38
Minutes 28 Seconds West, Along the Easterly Line of Said Lot 3, 148.53 Feet to the Southeast
Corner of Said Lot 3; Thence South 70 Degrees 54 Minutes 07 Seconds East, Along the
Southerly Line of Said Mary Allen's Plat, 346.13 Feet to the East Line of the West Half of the
Northwest Quarter of Said Section 25: Thence South 00 Degrees 52 Minutes 49 Seconds East,
Along the East Line of Said West Half, 486.90 Feet to the Southeast Corner of Said West Half;
Thence South 83 Degrees 33 Minutes 23 Seconds West, Along the South Line of the Northwest
Quarter of Said Section 25, 1327.36 Feet to the Place of Beginning, in Plato Township, Kane
County, Illinois.
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Exhibit B
600 0 B00 1200 Feet
- — T. 41N. Cedar Grove
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