T2-09 .e
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Ordinance No.T2-09
AN ORDINANCE
ESTABLISHING THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA
OF ELGIN, ILLINOIS (SSA#23) 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
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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.
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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.
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Section 7. Severability. If any provision of this ordinance or its application to any person
r 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: -
eivik Diane Robertson, City Cl k
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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 $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 12th Day of November, 2008.
Diane Robertson
CITY CLERK
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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.
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ra Exhibit B
woo 0 woo F e et T. 41 N. Creekside
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NOTICE OF HEARING
CITYOIF;ELGIN --< ,
CREEKS(b„SI�BDIVISIQN
SPECIAL SERVICESI';1REA.
NGJIGEI tl0000YitMNtrrtonD aembet3 R!Ob,1t7;BOVdnthe61 CopnpllihernbersdlEigln
Ghy Haa,lbOOaaterCWKE ln.tlGnrpe;absedny 0, behod—i teGIN auhey othhe Ctydt Elplato,
consider the aetabliah rent ofwyoec.meMca Alto odnsleUpp oft apt',elly deetrloed Infxnlblt.
A wnldry„li adarhed to And incor peal_by refe@npeinta Ar9.01ge;
Toes xlritte lacetlbn0Uhs pr retest eoIaI$pNIde"Arik 2VOQQNappa N46d dl the f the-of Elthn
a hrC to hod'l00g Pon ed by Rhreoce Pnto ti(6Milatlm a nehb S Oted BpeolAl SetNC rata Is
AOrnretssted pets art,tOold ty the • aebd alltabYbhment 4.iM S he Service Area•WA be L,
NtkAPO' k nog d bn °'' t e lesueaizri 7 'oaths esuWlahmarrtot.Uro Spathe
'meteAltli°IlnitteA aeb4erd nerSppcWBetylce
P1*0empwe mr dOahqIp�me Speti Se enf,Anita to.aorrilovnpeeervkee cesium ytbs,peter on;
nialntN W Jetl*M0101I at aepkpmemiand,440Miftua0M of'aft affa wtOtf etore9La red
dtaina Way ditch,piste storm sewer or ether storm water tachliy; at desl1p�n,en meerinp
en:eland of r panepltdp pOMces$dlo 4n5 end permM.public liability MSd aedoil idmtnetrethoe,
lepl s d other posts'arexpensea Incurred In conhecton therewith and with e admlmenatlon at the
Special Serwce Area,IpdudIoO the repeyhre tit at any Iaen or debt incurred tot the pravte)on at,oh
eervnKrs,Ail the deaodbetl WAnhedeeedbed•areantque-cod in eddhloht¢aetstOee{pnerellyprovrdin
by msCty arilnlrb •Atthetheadnt,allperadne afledted wit tie"prowdedwithapoppodur1rytoaeheard 11,tio Eadnqq,stay
e'fdie Special Bervlce Area WNloe WBald Ored,the proposed annwl tax kvyfor the Specs SaMoa
Area is in anOmoum not to exceed an solar rate of 1.652 ill lot quekced ePaeaagd valueat trio txdp•
edy WXatde the -74,91,.91 ed SpOclat Se viceArea and the tat will betevledtar an indetnne vend of hme
font end then Nq ordinance eeleblie the SpecW Setviol trot Thaws tuou shall be in
eddOWdtoullpt r gsUhd Ilyea phal layoff raaanttotheptavisloheutahePto rry
TaaGads ff5 lL 21107'l.]M tea is pro Ie will
to produab open,rhautthdd5,203 oO
pushy tarthgypejtftAe . ribedabdve.Th0. SIyhr however,me annual y me an
T61hq+n4>dmbmifd sp�lrtdle nNteea #reThiry perkiSdtvlce Area for the Doti of tits
servlaes deeddbad abAW Uadd NMcee'ttebome'netsauryrndare p padded bythe Clty al ElIgqin.Not-
whhatendlny the forepolnp,facet ehathofhe Naled hersbnder-end the propArAd Special:Sery ce Area
shell remain abeyant and ehWfteee effect°P:the $venttha hpoNOwMne'dr,other property owner no-
taxation responetbkigrthe 0rdyedy.Whbin the proposed Spedat$ervke McAfel[Ott lax le lit,repair,
replace or pa torthelmproyementedeecrlbed abeveandiorany heated poatstar those imprdvements.
so acre return Me Coyne�jaIn to sesame thou reeperiertllihea The heat)nnop m0Y be Adlournedtry the
City:00uncil of the ot£e ntaanotaerdcfe WlthbmturOar nooks otherdyne nrotlonto be entered
upon.the mtnatea of meeting Axingtope time erne ANxe:atllsedp>urnmedt,
If a pantan obteadnp to to eatebliehment of the roptoM Spathe Service A o,the tax levy,or the
impaeitnn Of a tax tacthebrtovtalon b1 ]sal eetu4tas to Or.proposed Special 4erylcetree het been
AL, b at Ieaathty;bne Pedxnt(51%ppt the ekGdre reeldNQ within the prapased$ al SAMOe
Arse,end by at Nast Mly-one percent(bl%i at tort uwneMI/t record of the land intlu did within the
boundanee of t e o 0seedSoeC7 ,..ce Ares,arid.N filed.wth the City o1 EfWan City Clerk wtbin
sixty(86)days ove ore 8ndldla!Iminenk�f 1M puNk Madnp repardinp the eatatnshment Of i.
thep onoseo Spent inammtArea rmcUan SpOtlat ServkeAfee may be established notary tax looted ,
orimposed
Daredthla 12th Day pt November 2000.
CITY Cutout
Eahiblt A
Croaketeei•natiatd of thi Nbdheeaaaidt Duu4r°f inning At North,Kanpe 81:aet of the Third Pdncipel
Mendian Desxdbed u fdkw,t Bepin0in9 et the NadhwestCOmer otSaid Nodheaet Conner.Thence
Nono88 beprsee dlMlnaNs 38 Seconds€net Abnp the No.,Una cif$eld Seetlgn 32,618.62Feet to
an I ttah Thence Sdttth Oft Deblees t7 Minidae 02 Seconds West)lonp the feet IT 42 Slaked and
Ottuo�ed,t3710d Feet,to tine NuMety Sight Al Wey�Line at Hopps Road,Tlnenoe$aumip Peones
y6 ridgfl e.3a Seaonds,West Alp t o Ngdherty HlOttol way line inoppa Rdad,427,46 Peet to
the Northeaeterty Line al a Tract at Conveyed ie Cemrrf nth 4Nan Company by Document
1317099;Thehte Norh 03 Degrees 17 Minutes 3BSecooda Wast Alorq Sefd Nodhesaterdiyy Line 86 05
Feet to the Weal tuns of Saki Northeeet Ouadet Of Sectdn 32;thence rih D DepreeoptMlnute'e 19:..
Second,West AMnpdeid West Lire 1322 6a Feet to Ore Point of Beginning,In the Township of Elpin,
KetwC'Wnty,llllnaN�
Exhibit B
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FOX VALLEY PUBLICATIONS
. Certificates of Publication
State of Illinois—County of ❑Cook Kane 0Lake ❑McHenry
❑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 5/0.01 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,
CH100,Pl..
Note: Legal Notice appeared in the following checked positions.
PUBLICATION DATE(S): 7///5/0 7
• ❑The Beacon News FE The Courier News
❑The Herald News ❑The News Sun
❑The Naperville Sun
Weekly Papers `1'
❑Batavia Sun
❑Bolingbrook Sun
❑Downers Grove Sun
❑Fox Valley Villages Sun
❑Geneva Sun
❑Glen Ellyn Sun
❑Homer Township/Lockport/Lemont Sun
❑Lincoln Way Sun
❑Lisle Sun
❑Plainfield Sun
❑St.Charles Sun
❑Wheaton Sun
IN WITNESS WHEREOF,the undersigned,being duly authorized,has caused this Certificate
to be signed and its official seal affixed at Aurora,Illinois
•
By
OFFICIAL SEAL
KIMERY S FRANZEN
NOTARY PUBLIC•STATE OF QIJNOIS
MY COMMISSION EXPIRES:10118/12
John G.Bieschke
Legal Advertising Manager (Official Title)
Subscribed and sworn to b- • •e this 7 Day of Al" - A.D. c)l/Z'
By: E✓ `. f
iNoti 1Lc
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NOTICE OF HEARING
.CITY OF ELGIN
CREEKSIDE SUBDIVISION
• SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on December 9.2008,at 7100 p.m.in the City Council Chambers of Elgin
City Hall,150 Dexter Court,Elgin Illinois a hearing will be held, the City Council of the City of Elgin to'"
elk consider the establishment of a Special Service Area consisting di territory legally described In Exhibit-
A which is attached to and Incorporated by reference intothls notice.
The approximate location of the proposed Special Service Area is 2700 Hoops Road in the City of Elgin,
Kane County,Illinois.An accurate map depleting 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 he pro-
, vided with an opportunity to be heard on that Issue and may object to the establishment of the Special
Service Area and the fax levy affecting that Special Service Area
The purpose for establishing the Special Service Area is to provide services Including the operation,
maintenance,repair,rehablttatlon,replacement and reconstruction of any site runoff storage area,
drainage way;ditch,swats,storm sewer,or other storm water 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 end with the administration of the
Special Service Area,including the repayment of arty 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 far line Special Service Area will be considered.The proposed annual tax levy forte Special Service
Area is in en amount not to exceed an annual rate of 1.552 of the equalized assessed value of the prop-
erty within the proposed Special Service Area and the tax will be levied for an indelintte period of time
-from and after the dale of the ordinance establishing the Special Service Area These taxes shall be in
addition to all other faxes permitted by law and shall be levied pursuant to the provisions of the Property
Tax Code(35 ILCB 200/1.1 of sag),The tax levies are intended to produce approximately$45203.00
annually far the cost of the services described above.The City Cl Elgin,however,may annually toy up
to the maximum rate specified In the ordinance establishing the Special Service Area for the cost at the
services described above as said servides become necessary and are provided by the City of Elgin.Not- o
withstanding•the foregoing.taxes shall not be leaded hereunder and the proposed Special Service Area
shall remain abeyant and shall take effect only al the event the homeowners'or other properly owner as-
sociation responsible for the property within the proposed Special Service Area fails to maintain,repair.
replace or pay for the Improvements descdhed 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 data 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 Service Area has been I
signed by at least fifty-one percent(51%)of the electors residing within the proposed Special Service. •
Area,and by at least filly-one percent(51X)of the owners of record of the land included within the
• boundaries of the proposed Special Service Area,and la filed with the City of Elam City Clerk within
sixty(60)days following the final adjournment of the public hearing regarding the establishment Al
Me proposed Special SenAce Area,no such Special Service Area may be established notary tax levied
or Imposed.
Dated this 12th Day of November,2008. •
• Diane Robertson
CITY CLERK
ExhibitA •
Creekaide •
•
That Part of the Northeast Quarter of Section 32.Township 41 North,Range 8 East oithe Third Principal
Meridian Described as follows:Beginning at the Northwest Corner of Said Northeast Quarter,Thence
North 88 Degrees 48 Minutes 38 Seconds East,Along the North Line of Said Section 32,616.62 Feet,to
an Iron Rod;Thence South W Degreees I7 Mldutes 02 Seconds West sAlong the East Line as Staked and
Occupied,1371.04 06 mute 34 Seconds s}asst Tract on the Conveyed oNortherly Line Way Line Cl Hoops o Company by Document
1317099;Thence North 63 Degrees 17 Minutes 30 Seconds West Along Sald.Northeasterly Line 98.05
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.
rillk Q Exhibit B
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Notice of Hearing Sent by Mail
SSA#23
Creekside
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EXHIBIT B
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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
rik 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 12th Day of November, 2008.
Diane Robertson
CITY CLERK
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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.
A ' Exhibit B
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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.
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Exhibit D
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1000 0 1000 Feet
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