T02-09 L
• Ordinance No.T2-09
AN ORDINANCE
ESTABLISHING THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA
OF ELGIN, ILLINOIS (SSA 923) 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
ordinance be established as the Creekside 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. T37-08, entitled ''An Ordinance
Proposing the Establishment of the Creekside Subdivision Special Service Area in the City of
Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures,'' that
Resolution having been duly passed on November 5, 2008; and was considered at a public
• hearing held by the City Council of the City of Elgin on December 3, 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 November 12, 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
December 3; 2008 at 9:00 pm.
•
Section 3. Establishment of the Special Service Area. The Creekside 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 Creekside Subdivision Special Service Area consists of
approximately 20 acres located north of Hopps Road and west of Randall Road in the City of
Elgin. An accurate map of the Creekside 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 Creekside 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 Creekside 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.Creekside 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
Creekside 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 Creekside Subdivision Special Service Area in an amount not to exceed an annual
rate of 1.552 [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 Creekside
Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the
Creekside 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 Creekside Subdivision Special Service Area and initially thereafter, the tax
levies are intended to produce approximately $45,203.00 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.
40
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: February 11, 2009
Passed: February 11, 2009
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: February 12, 2009
Published: February 12, 2009
Attest:
• Diane Robertson, City Cle k
•
•
Notice of Hearing Published in Courier News
SSA#23
Creekside
EXHIBIT A
• NOTICE OF HEARING
CITY OF ELGIN
CREEKSIDE SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on December 3, 2008, at 7:00 p.m. in the City Coun-
cil 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 consist-
ing 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 2700 Hopps 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 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 1.552 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 545,203.00 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.
• 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 12`h Day of November, 2008.
Diane Robertson
CITY CLERK
•
•
•
Exhibit A
Creekside
That Part of the Northeast Quarter of Section 32, Township 41 North, Range 8
East of the Third Principal Meridian Described as Follows: Beginning at the
Northwest Corner of Said Northeast Quarter; Thence North 88 Degrees 46
Minutes 38 Seconds East, Along the North Line of Said Section 32, 616.62 Feet,
to an Iron Rod; Thence South 00 Degrees 17 Minutes 02 Seconds West Along the
East Line as Staked and Occupied, 1371.04 Feet, to the Northerly Right of Way
Line of Hopps Road; Thence South 89 Degrees 06 Minutes 34 Seconds West
Along the Northerly Right of Way Line of Hopps Road, 427.48 Feet to the
Northeasterly Line of a Tract of Land Conveyed to Commonwealth Edison
Company by Document 1317099; Thence North 63 Degrees 17 Minutes 30
Seconds West Along Said Northeasterly Line 96.05 Feet, to the West Line of Said
Northeast Quarter of Section 32; Thence North 0 Degrees 01 Minutes 19 Seconds
West Along Said West Line 1322.84 Feet to the Point of Beginning, in the
• Township of Elgin, Kane County, Illinois.
•
Q Exhibit B
N
1000 0 1000 Feet
T. 41 N. Creekside
Territory of �
SSA District
i.
xis r3o
32 3
,tiocDGWAL�RD
• CEsOF�FIEA
rSCREEKSIDE�SUBDIVISION t .
hSPECIALSERYICES"AR A ;
-NOTICEISHEREBY,CIYEN theton Oecem r3'20L8 at7OOpm_In th-rSyCo ndlChampen al Etpfn
C',Hap 1S0 Dexter CCUtt EWIn:lph.a heanrp wN be held dY me:Glry Gounap of the Ctty of El9lR to;
mmidrth esttt shmem era SpecW ervke Area cemtsdnp of jeirharylepaIt desi:Nhed In FxHlClt
:Avtdcnls amched to and irwapamted yi refe{endafmno'JCe,"��^ t�•1�, Y' -z'y�,y;,
RUT?IRa
AST
The aPMadmate laatlanof the proposed 5ppeecctal SeMm Aroa'1s 27DO HOP Road ui the Clty al Elpm;,
We County Iliinala Pn eaureu tuo deokttn9 the lomtlon n the roposed Spxf4l SaMoe Area is'
ittachad ro arM4rrcarparalsd try reternxa iota Nlsna0ce ea ErAWN9y"-y ��, 4y •�'i'
~ems -:w » +�.z•_xn.X psi{w'4£�na
AM tot rest+d percan;ehecteday".lhe pmposad,estaMhhmentof lhe;Spec{aI Service Area will oe yra
?tided wlm art op on to tatreaN on that Is;urend mayy otptt ro>he mtatllspmen of the Spedal
Service Area arlrhe laeary eftettinp Dut�Decel SeMm Ives�1� r s
T�re�tpest,r,estavOsnmo tte$pecuLSarvbe,Area ie to rovide"uNKea r�rdudiliq the op+�avom
"malntenenu ngalr rthahllitatlaaynptwe-enfiand reaonifwmowof ary sno NnoN storage,atea;.
'drain pe way,•dltah swab storm+sewer,or omen-;tomb orate tacktY casts M,desran eneineerl_nq
'and Omer ts pOnc lbtilihy insurarKa;erA eRadm;nirtrattve;
le al and amer.coste or expenaee;NcvTed I.n conhacron thaMM and wdh tM adminisuatfon oi,the.t
Spedal`•ervke.Arm Includlnp the repayment of ary Imo or Deft mwrred for the provlslon o1 wch.y
'seMces.A6 me deurided urvtcee deutllwd are urdque endlu additlontouMcuq nerally provded r
CY �
e Gti T_bh. +,7 -i�r' Fc:�.+i•i � rox"� c '
'�l the heannp a0 persom ai'etted wt96e provrded"eilm an opponun l'y to 6e heard/d meheadnp�a"taz
levy 1.the�pedajSenla Area Htll0a caosiiered.;The proposed annul ur bYyfar t7ie 5p+llal 5lrvka
Afee Is N an amoumrmI to eueed'at Ennu,l nt M-.t 552 0l the":apmd assessed slue of the prep
amy wlttJn me:ppropm a 5peciaf�Se` Arm ano�the tea A talevied tar an.ordeflMe pertoobf tune;
from and atterme;drte of trya erAinanoe essSOSsMryt��me SpseW Semce Area These;taxes shall ba7n:
'edaNOn to all otnertazes pernmed py Ww and shal�6a bvled PUrauant to me pronsidrre pt the Prope .I
;Tea Ca a j35ILCS 20011 t a sew T1n taxJeHes ere hterEdd to Lvoduc appkaarmarey,345,203:g0
:nnml(y to thetost'aPthe+70 ac deurlhed aflece'Thn Clry,CtpElpm tovrevxr;rrayannuaUyllw up i
:igme,marumumte�s eei0aUe ordinlrrce esuM�sfl(Op theS ecla�Som e'Area ivr me cost of the I
'uMcaEesaibed+fovea+ulCServlcesbecame'peceeuryan areV7rcvldedlrytheClryolEkin.N:t i
�wr'hstaxl[p Ne farcyvina4;taxes shappat ae Ien4d:hereundejaaE,the proposed SpeUat Se a Nee I
shall remain fl0eyaut and shalktz5 ettett ony In Ne tven.me Aornevwneresr mbar pr�ertyowner:s;
so^�bp"responsl0te loripa p{pperty w;m(n meprdpmed SpJ.01 Servke 4ea faits to-main a n repaly<{
_replace ar 16ithalmorovemenUde;cdded eho"ve and/or aryx`elatedoas-formaielmprover^enb;..
sa asto regqio-me City of ElIppin'tu_assime those raeponslhilltl�si;Theh at,gmay he'ad'ourned by the i
GtiCorr'taldt?GHo Eklnto"Ih rvatewlmoaifurtnernatkeam rthana atlantoteentered
'upon,hemvlvpa•( mlioa hdrp me tlmeaMpFace elite ddbdmmentS"•s},,e_ `* -�'{;
r N M,i W;•. r ti � •e
If-.5 to me c"eleGishment al Neipropgsed S,eatal 5emce Afe3,,tliert2x I or the
shat of a by fortd!e pradslon of sp..dal r.1.. ro me pproposed SFpenal9ervlce Aree has inert
-al nod=Y n least fitry'one percent;(51X1.of me'eba'o@ ieunp N"Jpn the prapcseE 5 nal Service
Area„end h'atbast flhy one p+rpant(51„)ol,the:owmers af.recpid of me krrd-rvlud vtmin:Ob'
iroundanas ar ma pproposed Spedai SeMm Aru;eqd wil whh,the Crri l ElplrrClry Gerk wllhln
sixty(fio)daie;tdltowirrp me flnAl�ad(s�rtneM d;ma cuMk lfeirhlq retWdlrp tne•:eeta611shmeht of
,hie proem oSpecel Servte Rica no such Spedal SeMee Area rosy oe 4tatlkt d i•or emi tax lase.d.,
Drtedthu 12th Day al Novembet30'+8 i - i:
ux_ �'°°"..�+; "'�5*, S-.���",�s�"".,Cx�, , 9P'•s'�''s-w�s,'�'":ti Tn.'^ 1i..I
�3' ts:�"n � Dhna Pvoertso�
�' �.- �a CITYCLEP3C
Tlut Part o(the Northeast Duaiter at Seaton 92 Tov`mshlD At NoM,Aanpa SSasi of tts TMr�Pnncipel
• -McNdw1 Descd5sd as FdW+ra:Bepin00tp rt the Noithwast Comer of Sab t ortheastDUAI. Thence;
'NaMS3 Degrcee'48 M�nLtn 38,Seeot;East,Ab'trpp@e NoM tape PAM,Section 32,61552 ket'to
'en Iran Pod Thenm South 00 Degrees 17 Muwtes D2 Secogds WestPA1,me Fast 11ha as Stak_d and.
t,OCttDIA 1971:04 Feet to m9 Nonherty Right ol;Way9 E(ne at H ;,Road The ca scum S9 Degrees
.05 Mai tse 34Seanm Nest Wdnrqq me ticMeiy;glphj of TVayne,of Happs�Roed;427 45 Feet;ro
me NoMeatei Line of a Trattcitard Conreyed to Comnrn»tiahh Edison Campemi bf'Document
1311099 Tnence North fi3 De^reel
ill Mrmes 30Seconds West'Plonpp Said Northeasterly floe 96.05'
Fe i to tie Westtme o.Sall�larth 0varter oiSeE 32,fi+rice NeM 0 Degrees 01tMlnnea l9;
Seocnds WestAlortgSald West Lve 1322b4 Feat to me Point of&IrnNq'm me Towmhip a k(n+.
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I
FOX VALLEY PUBLICATIONS
Certificates of Publication
• State of Illinois—County of ❑Cook 'j Kane ❑Lake ❑NlcHenry
❑DuPage ❑Will ❑Dekalb
Fox Valley Publications,does hereby certify it has published the attached advertisements in the
following secular newspapers. All newspapers meet Illinois Compiled Statue requirements for
publication of Notices per Chapter 715 ILCS 510.01 et seq.R.S.1874,P728 Sec I,EFF.July 1,
1874.Amended By Laws 1959,P1494,and EFF.July 17,1959.Formerly Ill.Rev.Stat.1991,
CH 100,P I..
Note: Legal Notice appeared in the following checked positions.
PUBLICATION DATE(S):
I
❑The Beacon News The Courier News
❑The Herald News ❑The News Sun
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Weekly Papers 1
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❑Bolingbrook Sun
❑Downers Grove Sun
❑Fox Valley Villages Sun
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to be signed and its official seal affixed at Aurora,Illinois
By OFFICL41.SEAL
KIMERY S FRANZEN
NOTARY PUBLIC•STATE OF ILLINOIS
MY COMMISSION EXPIRE S:1 GIW2
John G.Bieschke
Legal Advertising klanager (Official Title)
Subscribed and sworn to b e this Day of A.D.
By: f
'o 7 j u c
s
NOTICE OF HEARING
CITY OF ELGIN
CREEKSIDE SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GNEN that on December 3,2009,at 7;00 p.m.in the CY.Y000ndI Chambers of EN I,.�
• Gb HS0,150 Derier Gour Eh1In�l0lro"1 a hearing vAll be he',d py the Clry CouncJ of Ilia city of E ,to'
ronsider the esaarishmem of a.pedal SeMce Are arslstinq f territory legaly do scribed N Esfiblt
A whkh is attacned to end htcorpcnced oy refertnce intol,,ls notke.
The aporoxtma;e location o1 t11 pmros!d S^echl Service Area is 2700 Hopps Road in me Cib of Hgit.,
Kzne County,INnnO.M arxurx;e map mprdlno me Iogdon cf the propoceE Spldel SeMce Ar!a is
arauV d to anal incupor"by refs:erce in_gds rodce as Erdbh B.
All Interested pesons eettW by tie proposed esab9shmht of me'SGGecizl SeMce Area will he pro-
video wim an oCporturiry m x hoard cn va,Issue era may obfect teo the esatushment of the Special
Service..;ru and me lax Levy 3'Nactin;that Spold SeMce Area.
The pumdx ter esabllstdn(;me Special Service Area Is to provide services IuNling the operation,
maimererce,repair,re,",aDlWatlen,replacem!nl and reconstruction 01 any zfte runoff storage area,
crafnege vin/:dE:h,s�rale,dorm srxer,or 7.er slaom water Iacu';s.of ceslpn,ervvseevaJ
and other u4surino servkee.surveying anE perks,public Itzbiis Insurence,end all admiriistntivz,
legal and other costs or emenses 6surred in xnnecdon muewis end with the administra on o1 Li,
Special Service-Are,inciud;rg me reCaymem of arty Wi a debt acvrred fm the provision of such
services.All the decdbec services donated are udque and 4,addrbn to services generally provide-
by me City of Hpin.
At ma AQM,all persooS effecter%91 be prgvid!d%:h an oppgrturdy le be hear.AI me herinj,a ax
k-vy far fhe Special5ervice Area%W be considered.The pmpased arnuzl levy br dse Special acMre
Area is in an amount not to need an annual rate of 1.552 of the equalizes ass!ssed value of he inp-
M/vvimin me-r3posed Special Service Area an]the Izx wN be IeviM for an inddinne oerv_d oft,
me
.from one a`e;;he date of the grdL•tte esabll!nht7 Ne Special Service Arta.These meads shall be in
addition to all other taxes p!ritteC bylaw and shall be Ix;ed punuam to the precisions of hs Pi�oCperryy
Tax Ccde(35 ILCS 201111-1 el.sag). a az levies are intended to produce approximately F1520.3�0
anvalq for the mgt of me urvkez ceuriced above.The Cib of HpN,hmrver,may ar,,;u�ty levy up
to 6ne marknprtt rate specgieJ t,the ordlndna ssublisfdnq l�e Specid Service Area for me Cost al ttu
service described above as said s."ce geceme rlecessaryand are provided by me Clay of EI In.Not- o
r/rrts2cdlnp'Le tare going,taxes Stan net tie IeJiec hereunder one;te proposed Special Se�ea Area
sha0 toroth abeyant and stall tare e"eci arty h me event me hgmedwtters'or off, popery ex,rzr as-
sodanon reapen,ihle for Un prope:b 1!tthh:ne Gropcsed Special SeMce Area hits to mainaln,repz4,
replan u Da'y ier me ImDro'rem-r's deudGed above andlor any related casts hr tied Improvements,
sg as tb re vlr.the City dl E>Gb ip assume mss^resDOrsiWlEles.The hearing may be adlournam by me
G'ryCountyofthiCUyofElgmicanoLherExawfthdutftumurotitxam!rtrznxmatlgntobznarzd
spun the minutes of In mee0,,p Fuino me 0ms and place cif its ad;ournmene
It a petitlor,ph(ecdng to the asab9i�,taal d vie proposed Spacial SeMce A,:a,the lax levy,or Irte
ImDevogn el a ax ier me prdvisian c1 spe:lal servFxs:b I;v proposed Spednl SeMce Are txs can
siyed fry at teas iqb-one porter(51%1 of me electors residiry vlmin olio propcsM$$ppedal SeMce
Area,and oy al lean fifrydne p!rent(5•.%)I f me orrnere of recerd of the lard included within the
bour,Eades of me proprxd Spetlal Service Area,zM Is IIIC wim me Diry of Ego City Clerk wi:h
sixty(FA))days fc1 wing me firal adlournmert ai me puEOC hearing regardl ,:a estib9shmenl of
me pmDOWd Speclai SeMce Are,ro such Special SeMce Area may be established nor any tax[med
or fr„posed.
Daiec this 12th Day of November,NO. "
Diane Robertson
CITY CLERK
WittA
Crvekside
Thai Part of the Northeast Ous�er pt SeC.ia1 12.Townshlp 11 North,Range 8 East of tle Thirc Pdi cipal
'Al".C..",as Fofltws:BepLinlnq at M NorLhsrest Com!r of SzW N'gflh1!01 Oua-ler,Thence
North E°.D!greas 46 PAn!rs 26 SaaUS Ea^h,Abnpp the North line of Said Sedloo 32,616.62 Feet,to
an Iron Rod;Bence South r)D Degrzes 17 MIBIres A Seconds West Alcoa the East Line as S'aied art
..,led,1371.04(reel,ip me Ncrtnerly
Right ci ty Wry Llro d Hp Q77ss.RiuHd;Thentt
06 Wh=s 34 Second;West Aen me mr Ro sdp,u4ta 76.19 0 D Fxpf z eto
me N'cmeas:cny 11ia of a Txd ofd Lcm2yad to Commomreaa Elhon GampaEy by Docwmem
1311059:ihenx NoY.h 63 De'rees t7 Minutes 30 Seconcs Wes Along Sald Ndrtbeasterty Une 59.05
Feat,to the Wast Une of Sams Eurtest Cuarter of Section 2$Thence North 0 deM.E.Ol Minutes 19
Seconds West Abrg Said West Line 132'2.6=Feet to the Point at Beginning,in the Township of Ed31r,
Kan!County,0.101s.
• Exhibit B
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•
•
Notice of Hearing Sent by Mail
SSA#23
Creekside
•
EXHIBIT B
•
• NOTICE OF HEARING
CITY OF ELGIN
CREEKSIDE SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on December 3, 2008, at 7:00 p.m. in the City Coun-
cil 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 consist-
ing 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 2700 Hopps 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 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 1.552 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 $45,203.00 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.
• 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 12`h Day of November, 2008.
Diane Robertson
CITY CLERK
•
•
•
Exhibit
Creekside
That Part of the Northeast Quarter of Section 32, Township 41 North, Range 8
East of the Third Principal Meridian Described as Follows: Beginning at the
Northwest Corner of Said Northeast Quarter; Thence North 88 Degrees 46
Minutes 38 Seconds East, Along the North Line of Said Section 32, 616.62 Feet,
to an Iron Rod; Thence South 00 Degrees 17 Minutes 02 Seconds West Along the
East Line as Staked and Occupied, 1371.04 Feet, to the Northerly Right of Way
Line of Hopps Road; Thence South 89 Degrees 06 Minutes 34 Seconds West
Along the Northerly Right of Way Line of Hopps Road, 427.48 Feet to the
Northeasterly Line of a Tract of Land Conveyed to Commonwealth Edison
Company by Document 1317099; Thence North 63 Degrees 17 Minutes 30
Seconds West Along Said Northeasterly Line 96.05 Feet, to the West Line of Said
Northeast Quarter of Section 32; Thence North 0 Degrees 01 Minutes 19 Seconds
West Along Said West Line 1322.84 Feet to the Point of Beginning, in the
• Township of Elgin, Kane County, Illinois.
N
Exhibit B
1000 0 1000 Feet
T. 41 N. Creekside
24 Z97
ol
Territo ry of 00
SSA District
HQPPSRD
32 3
MG12 14ALD RD
i
Legal Description
SSA#23
Creekside
EXHIBIT C
i
Exhibit C
Creekside
That Part of the Northeast Quarter of Section 32, Township 41 North, Range 8
East of the Third Principal Meridian Described as Follows: Beginning at the
Northwest Corner of Said Northeast Quarter; Thence North 88 Degrees 46
Minutes 38 Seconds East, Along the North Line of Said Section 32, 616.62 Feet,
to an Iron Rod; Thence South 00 Degrees 17 Minutes 02 Seconds West Along the
East Line as Staked and Occupied, 1371.04 Feet, to the Northerly Right of Way
Line of Hopps Road; Thence South 89 Degrees 06 Minutes 34 Seconds West
Along the Northerly Right of Way Line of Hopps Road, 427.48 Feet to the
Northeasterly Line of a Tract of Land Conveyed to Commonwealth Edison
Company by Document 1317099; Thence North 63 Degrees 17 Minutes 30
Seconds West Along Said Northeasterly Line 96.05 Feet, to the West Line of Said
Northeast Quarter of Section 32; Thence North 0 Degrees 01 Minutes 19 Seconds
West Along Said West Line 1322.84 Feet to the Point of Beginning, in the
• Township of Elgin, Kane County, Illinois.
•
•
Location Map
SSA#23
Creekside
EXHIBIT D
• Exhibit D
N
1000 0 1000 Feet
T. 41 N. Creekside
S
Territory of W
SSA District
l
%f
32 3
-T- Ep
114CD0}4ALD RD