T26-10 (2) Ordinance No. T26-10
AN ORDINANCE AMENDING ORDINANCE NO. T28-08
BEING AN ORDINANCE ESTABLISHING THE AMENDED SANDY CREEK ESTATES
SUBDIVISION (FOY PROPERTY) SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (SSA
#26), PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE
COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA, AND TO
CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION SET FORTH
THEREIN.
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, on October 25,2006,the City Council of the City of Elgin adopted Ordinance
No.T38-06 being an ordinance establishing the Highland Woods/Foy Property Subdivision Special
Service Area of Elgin, Illinois (SSA #18) and providing for the levy of taxes for the purpose of
paying the cost of providing special services in and for such area and was thereafter recorded with
the Kane County Recorder on December 28, 2006 as Document No. 2006K140483; and
WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener's error in the legal
description set forth therein pursuant to Ordinance No.T28-08 and was thereafter recorded with the
Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and
WHEREAS,it is the intention of the City of Elgin to amend Ordinance T28-08 to create two
separate and discrete special service areas for the Highland Woods Subdivision and the Foy Property,
hereinafter referred to as the Sandy Creek Estates Subdivision; and
WHEREAS, it was the intention of the City Council of the City of Elgin for the Special
Service Area for the Sandy Creek Estates Subdivision to follow the subdivision boundaries of the
Sandy Creek Estates Subdivision and it is necessary and desirable to amend Ordinance T28-08 to
create such special service area as described in the legal description in Exhibit A thereto, and as
depicted on the map labeled Exhibit B,both exhibits being attached to and incorporated by reference
into this ordinance; and
WHEREAS,the amended Sandy Creek Estates Subdivision Special Service Area(SSA#26)
is compact and contiguous and entirely located within the boundaries of the City; and
rib* WHEREAS, the amended 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 amendment to the Special Service Area was proposed by the City Council of
the City of Elgin pursuant to Ordinance No. T21-10, entitled "An Ordinance Proposing The
Amended Foy Property(Sandy Creek Estates Subdivision) Special Service Area(SSA#26)In The
City Of Elgin, Illinois And Providing For A Public Hearing And Other Related Procedures," that
ordinance having been duly passed on March 31,2010,and was considered at a public hearing held
by the City Council of the City of Elgin on April 28, 2010, 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 C; and
WHEREAS,the notice of the Hearing was also provided by mail,said notice being deposited
in the U.S. Mail on or before April 8, 2010, 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 D. 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
rk 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 amended Special Service
Area that the amended Special Service Area be established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
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 April 28,
2010 at 7:50 p.m.
Section 3. That Ordinance No. T28-08 amending the Highland Woods/Foy Property
Subdivision Special Service Area of Elgin,Illinois,(SSA#18)and providing for the levy of taxes for
the purpose of paying the costs of providing special services in and for such area be and is hereby
amended to create two separate and discrete special service areas for the Highland Woods
Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates Subdivision.
Section 4. Establishment of the amended Special Service Area. The amended Sandy Creek
Estates Subdivision(Foy Property) Special Service Area(SSA#26) 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
A,which is attached to and incorporated into this ordinance by reference.The amended Sandy Creek
Estates Subdivision (Foy Property) Special Service Area(SSA #26) consists of approximately 63
acres lying north of U.S. Route 20 in the City of Elgin. An accurate map of the amended Sandy
Creek Estates Subdivision(Foy Property) Special Service Area(SSA#26) is attached to and made
part of this ordinance as Exhibit B.
Section 5. Purpose for Establishing the amended Special Service Area. The purpose for
establishing the amended Sandy Creek Estates Subdivision (Foy Property) Special Service Area
(SSA #26) 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 amended Sandy Creek
Estates Subdivision(Foy Property)Special Service Area(SSA#26),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 amended Sandy Creek Estates Subdivision (Foy Property) Special Service
Area (SSA #26) 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
folk section. All the services described in this section are unique and in addition to services generally
provided by the City.
Section 6. Tax Levy. The cost of the services described in Section 5 of this ordinance shall
be paid by the levy of a direct ad valorem tax upon all taxable property within the amended Sandy
Creek Estates Subdivision(Foy Property)Special Service Area(SSA#26)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 amended Sandy Creek Estates Subdivision (Foy Property) Special
Service Area(SSA#26)in an amount not to exceed an annual rate of 0.517 [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 amended Sandy Creek Estates Subdivision(Foy Property)Special Service
Area (SSA #26) shall remain abeyant and shall take effect only in the event the Home Owner's
Association fails to maintain, repair,replace or pay for the improvements described in Section 5 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 amended Sandy Creek Estates
Subdivision(Foy Property)Special Service Area(SSA#26)and initially thereafter,the tax levies are
intended to produce approximately $36,300.00 annually for the cost of the services described in
Section 5 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 5 of this ordinance as said services become
necessary and are provided by the City.
Section 7. 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.
Section 8. That all ordinances or parts or ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 9. This ordinance shall be in full force and effect upon its passage and publication
in the manner provided by law.
Ed Schock, Mayor
C
r Presented: July 14, 2010
Passed: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
Attest:
Diane Robertson, City lerk
r
rik Exhibit A
Legal Description for the Sandy Creek Estates Subdivision (Foy Property) Special Service
Area of Elgin,Illinois (SSA#26)
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT PART OF THE
NORTHEAST AND NORTHWEST QUARTERS OF SECTION 18 TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE SOUTHWEST CORNER
THEREOF; THENCE SOUTH 21 DEGREES WEST 6.70 CHAINS TO THE CENTER OF
THE STATE ROAD; THENCE SOUTH 64 DEGREES 5 MINUTES EAST ALONG THE
CENTER OF SAID ROAD 17.50 CHAINS; THENCE NORTH 21 DEGREES EAST 41.68
CHAINS; THENCE SOUTH 80 3/4THS DEGREES EAST 11.41 CHAINS TO THE EAST
LINE OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13.01 CHAINS TO A
POINT 3.24 CHAINS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF SECTION 7; THENCE NORTH 83 DEGREES WEST 20.16 CHAINS TO THE
WEST LINE OF THE EAST HALF OF SAID SOUTH EAST QUARTER OF SECTION 7;
THENCE SOUTH ALONG SAID WEST LINE 12.04 CHAINS TO A POINT 6.65 CHAINS
NORTH OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 7; THENCE SOUTH 43 1/4 DEGREES WEST 9.12
CHAINS TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 7 AFORESAID, 6.22 CHAINS WEST OF THE
SOUTHEAST CORNER OF SAID QUARTER; THENCE WEST ALONG THE SOUTH LINE
OF SAID QUARTER, 5.44 CHAINS; THENCE SOUTH 21 DEGREES WEST 21.25 CHAINS
TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY,
ILLINOIS. EXCEPTING THEREFROM THE FOLLOW DESCRIBED TRACT, THAT PART
OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 7; THENCE NORTH 89 DEGREES 55 MINUTES 18
SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY)
ALONG THE NORTH LINE OF SAID QUARTER-QUARTER , 1319.05 FEET TO THE
EAST LINE OF SAID QUARTER-QUARTER; THENCE SOUTH 00 DEGREES 08
MINUTES 39 SECONDS EAST ALONG SAID EAST LINE, 400.00 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 85 DEGREES 44 MINUTES 47 SECONDS EAST,
161.14 FEET; THENCE SOUTH 23 DEGREES 53 MINUTES 29 SECONDS EAST, 345.44
FEET; THENCE SOUTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 1240.00 FEET;
THENCE SOUTH 64 DEGREES 03 MINUTES 02 SECONDS WEST, 507.30 FEET; THENCE
NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450.00 FEET; THENCE NORTH
20 DEGREES 41 MINUTES 33 SECONDS EAST, 814.12 FEET TO THE SOUTH LINE OF
THE AFOREMENTIONED QUARTER-QUARTER; THENCE NORTH 89 DEGREES 42
MINUTES 13 SECONDS EAST, 359.04 FEET ALONG SAID SOUTH LINE; THENCE
NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601.76 FEET TO THE
AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER; THENCE NORTH 00
DEGREES 08 MINUTES 39 SECONDS WEST, 485.77 FEET ALONG SAID EAST LINE TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY,
ILLINOIS.
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EXHIBIT C
NOTICE OF HEARING
CITY OF ELGIN
SANDY CREEK ESTATES SUBDIVISION(FOY PROPERTY)
AMENDED SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on April 28, 2010, 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 an amended
Special Service Area consisting of territory legally described in Exhibit A which is
attached to and incorporated by reference into this notice.
The approximate location of the proposed Amended Special Service Area is 3350
U.S. Route 20 in the City of Elgin, Kane County, Illinois. An accurate map depicting the
location of the proposed Amended 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 Amended
Special Service Area will be provided with an opportunity to be heard on that issue and
may object to the establishment of the Amended Special Service Area and the tax levy
affecting that Amended Special Service Area.
r The purpose for establishing the Amended 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
Amended 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 Amended Special Service Area is in an amount not to
exceed an annual rate of 0.517 of the equalized assessed value of the property within the
proposed Amended 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 Amended 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 $36,300.00 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 Amended 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 Amended Special Service Area shall remain abeyant
[Type text]
elk and shall take effect only in the event the homeowners' or other property owner
association responsible for the property within the proposed Amended 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 Amended Special
Service Area, the tax levy, or the imposition of a tax for the provision of special services
to the proposed Amended Special Service Area that has been signed by at least fifty-one
percent (51%) of the electors residing within the proposed Amended 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 Amended 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 Amended Special Service
Area, no such Amended Special Service Area may be established nor any tax levied or
imposed.
Dated this 5th Day of April , 2010.
s/ Diane Robertson
Diane Robertson,
CITY CLERK
r
EXHIBIT D
April 8,2010
TO: The Property Owners within the Sandy Creek Estates Subdivision
RE: Second Amendment to the Stormwater Maintenance Special Service Area for
Sandy Creek Estates Subdivision(SSA#26)
Dear Property Owner:
Attached is a Notice of Hearing informing you that a public hearing will be held at the City
Council Meeting on April 28, 2010, to consider a second amendment of the stormwater
maintenance special service area(SSA) for your subdivision.
A "back-up" special service area for stormwater management facilities in the Highland Woods
Subdivision/Sandy Creek Estates Subdivision (Foy Property) was established on October 25,
2006, pursuant to Ordinance No. T38-06. The special service area was created as one area
encompassing both subdivisions. On July 23, 2008, the SSA was amended to correct a
scrivener's error in the legal description of the areas that were subject to the provisions of the
SSA,pursuant to Ordinance No. T28-08.
rThe second amendment to the SSA proposes the following:
• Creation of separate and discrete special service areas for the Highland Woods
Subdivision and the Sandy Creek Estates Subdivision (Foy Property) respectively. The
boundary of each special service area will follow the boundary of the platted subdivision.
Please note that the proposed second amendment to the SSA will not change the annual tax levy
rate of 0.517 that was originally established in 2006. The tax rate was established to pay for the
City's estimated costs for providing services to maintain the required stormwater management
improvements and is collected only if and when it is necessary for the City to maintain the
Special Service Area.
During the Public Hearing on April 28, 2010, all interested persons affected by the amended
Special Service Area will be provided with an opportunity to speak. The Public Hearing Notice
provides more detailed information on the "back-up" storm water management special service
area,and also explains your right to petition against the amended Special Service Area.
Please do not hesitate to contact me at 847-931-5943 or at saher_s @cityofelgin.org if you have
any questions concerning the establishment of the stormwater maintenance special service area
for your subdivision.
Sincerely,
Sarosh Saher, Senior Planner
Community Development Department