T40-08 Ordinance No. T40-08
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
STONEBROOK UNIT 1 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 Stonebrook Unit 1 Subdivision Special Service Area of the City
of Elgin for the purposes described in this ordinance (the "Special Service Area"); and
WHEREAS, the approximate location of the proposed Special Service Area is
1000 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.
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 1.653 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 $62,736.00 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
STONEBROOK UNIT 1 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 1000
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 1.653 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
$62,736.00 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 a Lo day of \`r . , 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.
E chock, Mayor
Presented: November 19, 2008
Passed: November 19, 2008
Vote: Yeas: 5 Nays: 0 uF F<C
Recorded: November 20, 2008 �� � i
Published: 2 i b
Attest:
Diane Robertson, City C rk
r
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,... Exhibit A
Stonebrook Unit 1
That Part of Section 26, Township 41 North, Range 7, East of the Third Principal Meridian,
Described as Follows:
Beginning at the Northwest Corner of the East Half of the Southeast Quarter of Said Section 26;
Thence South 01 Degrees 06 Minutes 24 Seconds East, (Assumed Bearing), Along the West
Line of Said East Half, 976.78 Feet; Thence North 88 Degrees 53 Minutes 36 Seconds East at
Right Angles to the Last Described Course, 64.35 Feet to the Centerline of Said Corron Road;
Thence Southerly, Along Said Centerline of Corron Road having a Radius of 1790.73 Feet and a
Chord Bearing of South 07 Degrees 38 Minutes 41 Seconds West, an Arc Length of 141.41 Feet;
Thence North 84 Degrees 37 Minutes 03 Seconds West, 60.00 Feet; Thence North 37 Degrees
56 Minutes 44 Seconds West, 71.81 Feet; Thence North 82 Degrees 02 Minutes 52 Seconds
West, 25.81 Feet to a Point of Curve: Thence Westerly Along a Curve Concave to the South,
Tangent to the Last Described Course, having a Radius of 717.00 Feet and a Chord Bearing of
North 85 Degrees 35 Minutes 49 Seconds West, an Arc Length of 88.83 Feet: Thence South 01
Degrees 47 Minutes 03 Seconds East, 41.23 Feet; Thence South 88 Degrees 12 Minutes 57
Seconds West, 66.00 Feet; Thence North 01 Degrees 47 Minutes 03 Seconds West, 41.23 Feet;
Thence Westerly, Along a Curve Concave Southerly, having a Radius of 717.00 Feet and a
Chord Bearing of South 80 Degrees 55 Minutes 39 Seconds West, an Arc Length of 116.39 Feet
to a Point of Tangency; Thence South 76 Degrees 16 Minutes 38 Seconds West, Tangent to the
Last Described Curve, 92.26 Feet; Thence North 13 Degrees 43 Minutes 22 Seconds West, 66
Feet; Thence South 76 Degrees 16 Minutes 38 Seconds West, 35.30 Feet; Thence North 13
Degrees 43 Minutes 22 Seconds West, 135.00 Feet; Thence South 76 Degrees 16 Minutes 38
Seconds West, 139.11 Feet, Thence North 11 Degrees 18 Minutes 50 Seconds West, 757.76
Feet; Thence South 78 Degrees 41 Minutes 10 Seconds West, 201.00 Feet; Thence North 11
Degrees 18 Minutes 50 Seconds West, 6.01 Feet; Thence North 90 Degrees 00 Minutes 00
Seconds West, 158.32 Feet; Thence North 80 Degrees 18 Minutes 34 Seconds West, 175.66;
Thence South 73 Degrees 05 Minutes 55 Seconds West, 66.00 Feet; Thence North 16 Degrees
54 Minutes 05 Seconds West, 51.12 Feet; Thence North 72 Degrees 46 Minutes 07 Seconds
West, 146.99 Feet; Thence 85 Degrees 48 Minutes 09 Seconds West, 103.99 Feet; Thence South
75 Degrees 50 Minutes 01 Seconds West, 107.92 Feet; Thence South 21 Degrees 26 Minutes 31
Seconds East, 9.08 Feet; Thence South 68 Degrees 33 Minutes 29 Seconds West, 66.00 Feet;
Thence South 48 Degrees 11 Minutes 52 Seconds West, 99.86 Feet; Thence South 45 Degrees
43 Minutes 42 Seconds West, 405.01 Feet; Thence North 44 Degrees 16 Minutes 18 Seconds
West, 135.00 Feet; Thence South 45 Degrees 43 Minutes 42 Seconds West, 54.30 Feet; Thence
North 45 Degrees 04 Minutes 52 Seconds West, 66 Feet; Thence North 44 Degrees 31 Minutes
42 Seconds West, 135.00 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East, 89.54
Feet; Thence Westerly Along a Curve Concave to the South having a Radius of 442.00 Feet and
a Chord Bearing of North 86 Degrees 11 Minutes 37 Seconds West, an Arc Length of 79.47 Feet
to a Point of Tangency; Thence South 88 Degrees 38 Minutes 54 Seconds West, Tangent to the
Last Described Curve, 184.93 Feet to the West Line of the Northeast Quarter of the Southwest
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Quarter of Said Section 26; Thence North 01 Degrees 21 Minutes 06 Seconds West, Along Said
West Line, 66.00 Feet; Thence North 88 Degrees 38 Minutes 54 Seconds East, 184.93 Feet to a
Point of Curve; Thence Easterly Along a Curve Concave to the South Tangent to the Last
Described Course, having a Radius of 508.00 Feet and a Chord Bearing of South 88 Degrees 57
Minutes 15 Seconds East, an Arc Length of 42.50 Feet; Thence North 00 Degrees 16 Minutes 53
Seconds West, 135.23 Feet; Thence South 87 Degrees 20 Minutes 22 Seconds East, 69.31 Feet;
Thence South 75 Degree 02 Minutes 07 Seconds East, 105.65 Feet; Thence South 68 Degrees 33
Minutes 57 Seconds East, 36.34 Feet; Thence North 45 Degrees 43 Minutes 42 Seconds East,
208.44 Feet; Thence North 15 Degrees 38 Minutes 13 Seconds East, 92.22 Feet; Thence North
11 Degrees 27 Minutes 30 Seconds East, 73.57 Feet; Thence North 43 Degrees 17 Minutes 21
Seconds East, 114.68 Feet; Thence North 61 Degrees 23 Minutes 54 Seconds East, 77.78 Feet;
Thence North 62 Degrees 23 Minutes 50 Seconds East, 95.55 Feet; Thence North 67 Degrees 10
Minutes 31 Seconds East, 63.28 Feet; Thence North 89 Degrees 00 Minutes 52 Seconds East,
126.56 Feet; Thence South 69 Degrees 08 Minutes 47 Seconds East; 126.56 Feet; Thence North
18 Degrees 50 Minutes 15 Seconds East, 124.98 Feet; Thence North 90 Degrees 00 Minutes 00
Seconds East, 51.87 Feet; Thence North 67 Degrees 11 Minutes 05 Seconds East, 193.34 Feet;
Thence South 80 Degrees 16 Minutes 34 Seconds East, 71.38 Feet; Thence South 81 Degrees 42
Minutes 22 Seconds East, 55.00 Feet; Thence North 83 Degrees 12 Minutes 49 Seconds East,
48.65 Feet; Thence North 75 Degrees 59 Minutes 05 Seconds East, 117.93 Feet; Thence North
00 Degrees 00 Minutes 00 Seconds East, 306.17 Feet to the South Line of Parcel A in
Saddlebrook Unit 3, Recorded February 18, 2004 as Document 2004K019665; Thence North 88
Degrees 45 Minutes 14 Seconds East, Along Said South Line, 381.81 Feet to an Angle Point in
Said South Line; Thence North 54 Degrees 45 Minutes 24 Seconds East, Along Said South Line,
r300.00 Feet to the Northwest Corner of Lot 8 in Unit No. 1 Saddlebrook, Plato Township, Kane
County, Illinois; Thence South 38 Degrees 04 Minutes 22 Seconds East Along a Southwesterly
Line of Said Saddlebrook, 340.00 Feet (Measure = 340.05 Feet) to an Angle in Said
Southwesterly Line; Thence South 43 Degrees 30 Minutes 48 Seconds East, Along a
Southwesterly Line of Said Saddlebrook, 341.92 Feet (Measure = 342.08 Feet) to an Angle in
Said Southwesterly Line; Thence South 78 Degrees 02 Minutes 45 Seconds East, Along a
Southerly Line of Said Saddlebrook, 252.76 Feet (Measure = 252.83 Feet) to an Angle in Said
Southerly Line; Said Point Being 40.00 Feet Westerly, (Measure at Right Angle Thereto), of the
Centerline of Corron Road; Thence North 87 Degrees 50 Minutes 15 Seconds East, 40.00 Feet to
the Centerline of Corron Road; Thence South 02 Degrees 09 Minutes 45 Seconds East, Along
Said Centerline, 45.43 Feet to a Point of Curve; Thence Continuing Along Said Centerline
Southwesterly Along a Curve Concave Westerly, Tangent to the Last Described Course, having
a Radius of 1682.19 Feet and a Chord Bearing of South 05 Degrees 14 Minutes 48 Seconds
West, an Arc Length of 435.06 Feet to the North Line of the Southeast Quarter of Said Section
26; Thence South 88 Degrees 26 Minutes 05 Seconds West, Along Said North Line, 389.75 Feet
to the Place of Beginning, in Plato Township, Kane County, Illinois.
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. A
Exhibit B
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1000 0 1000 Feet
T. 41N. Stonebrook Unit 1
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