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An Ordinance Proposing the Establishment of the Woodgate Estates Subdivision Special Service Area (or Special Service Area No. SW-56) of Kane County, Illinois and the Levy of Taxes for the Purpose of Paying the Cost of Providing Special Services in and for Such Area
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WHEREAS, a Preliminary plat of subdivision has been approved by the County of Kane, Illinois (the “County”), for the WOODGATE ESTATES SUBDIVISION (the “Subdivision”); and
WHEREAS, in accordance with the Kane County Stormwater Ordinance, the Subdivision will be improved with a stormwater drainage system and may include special management areas, which will be owned and maintained by the Homeowners’ Association for WOODGATE ESTATES SUBDIVISION, a duly incorporated Homeowners’ Association; and
WHEREAS, the Homeowners’ Association is obligated to maintain the stormwater drainage system and special management areas and to impose an assessment upon the owners of all of the lots within the Subdivision to provide for the maintenance of such stormwater drainage system and special management areas; and
WHEREAS, the Kane County Stormwater Ordinance requires, as a condition of approval of the application for a stormwater management permit for the Subdivision, the establishment of a special service area pursuant to 35 ILCS 200/27-5, et seq., either as the primary means of providing for the long-term maintenance of the stormwater drainage system and special management areas, or as a back-up vehicle in the event the Homeowners’ Association fails to adequately carry out its duties; and
WHEREAS, pursuant to the provisions of Article VII, Section 7, Part (6) of the 1970 Constitution of the State of Illinois (the “Constitution”), the County of Kane is authorized to create special service areas in and for the unincorporated areas of the County; and
WHEREAS, pursuant to the “Special Service Area Tax Law”, 35 ILCS 200/27-5, et seq. (2013), the County is authorized to levy and impose taxes upon property within special service areas for the provision of special services to those areas and for the payment of debt incurred in order to provide those services; and
WHEREAS, it is in the public interest that the establishment of the area hereinafter described as a special service area for the purposes set forth herein and to be designated as the WOODGATE ESTATES SUBDIVISION Special Service Area (or Special Service Area No. SW-56), of the County (the “Area”) be considered as a “back-up vehicle” to provide for the long-term maintenance of the stormwater drainage system and special management areas of the Subdivision; and
WHEREAS, the Area is contiguous and totally within the boundaries of the unincorporated area of the County; and
WHEREAS, the purpose of establishing the Area is to provide certain special governmental services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole, in the event the Owners fail to adequately carry out their duties to maintain the stormwater drainage system and special management areas. The Services to be provided on a back-up basis may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention 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 Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area; and
WHEREAS, it is in the public interest that the levy of a direct annual ad valorem tax upon all taxable property within the Area be considered for the purpose of paying the cost of providing the Services; and
WHEREAS, the revenue from such tax shall be used solely for Services for which the County is authorized under law to levy taxes or special assessments or to appropriate funds of the County, all of the Services to be in and for the Area and all of any necessary construction and maintenance to be on property accessible to and by the County, as more fully described on the plat for the Subdivision; and
WHEREAS, said direct annual ad valorem tax shall be levied upon all taxable property within the Area for an indefinite period of time beginning for the year 2024, at a rate sufficient to produce revenues required to provide the Services, and such rate shall not exceed an annual rate of 0.50% ($0.50 per $100) of the equalized assessed valuation of each tax parcel within the Area, and shall be in addition to all other taxes permitted by law; and
WHEREAS, a public hearing will be held by the County, before the Kane County Board, at 9:45 AM, on December 12, 2023, in the County Board Room, Kane County Government Center, Building “A”, 719 Batavia Ave, Geneva, Illinois 60134 (the “Hearing”), at which time any interested person may file with the County Clerk written objections to and may be heard orally in respect to the establishment of the Area for the purpose of providing the Services on a back-up basis and the levy of an additional direct annual ad valorem tax on property within the Area for the purpose of paying the costs of the Services, all as described in the Notice of Public Hearing set forth in Section 2 hereof (the “Notice”). The Kane County Board shall prepare or cause to be prepared minutes of the Hearing; and
WHEREAS, the Notice shall be given by publication and mailing. Notice by publication shall be given by publication on a date, such date being not less than 15 days prior to the Hearing, in a newspaper of general circulation within the County. Notice by mailing shall be given by depositing the Notice in the United States Mail 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 Area. The Notice shall be mailed not less than 10 days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property.
NOW, THEREFORE, Be it Ordained by the County Board of the County of Kane, Illinois, as follows:
§1. Incorporation of preambles
The preambles of this Ordinance are hereby incorporated into this text as if set out herein in full as the findings of the County Board.
§2. Notice
The County Board of the County of Kane, Illinois hereby determines that the Notice is in the proper statutory form as set forth as follows:
NOTICE OF PUBLIC HEARING
COUNTY OF KANE, ILLINOIS
Woodgate estates subdivision
SPECIAL SERVICE AREA (or NO. SW-56)
NOTICE IS HEREBY GIVEN that on December 12, 2023, at 9:45 AM, in the County Board Room, Kane County Government Center, Building “A”, 719 South Batavia Ave, Geneva, Illinois 60134, a public hearing (the “Hearing”) will be held by the County of Kane, Illinois (the “County”), before the Kane County Board, at which time any interested person may file with the County Clerk written objections to and may be heard orally in respect to the establishment of the WOODGATE ESTATES SUBDIVISION Special Service Area (No. SW-56) (the “Area”) of the County, and the levy of taxes on property within the Area for the purpose of paying the costs of providing special services, on a back-up basis, in and for such Area. The proposed Area consists of the following described territory:
THAT PART OF THE W 1/2 OF THE SW QTR OF SEC 17 IN TWP 40 N, R 8 E OF THE 3RD PM, BND & DESCR AS FOLS:
COM AT THE NW COR OF THE SW QTR OF THE SW QRT OF SAID SEC 17 (BEING ALSO THE SE COR OF HAWKINS GLEN SUBDIV, A SUBDIV AS REC IN BK 62, PG 22, AS DOC NO 1261431 IN THE REC OFF OF KANE CNTY, ILL); THNC N01D23’52”E ALNG THE W LINE OF THE NW QRT OF THE SW QRT OF SEC 17, BEING ALSO THE E LINE OF SAID HAWKINS GLEN SUBDIV, A DST OF 408.19 FT; THNC S89D59’06”E A DST OF 588.62 FT FOR THE PNT OF BEG; THNC CONT S89D59’06”E PAR WITH THE N LINE OF THE SW QTR OF SEC 17 A DST OF 657.02 FT TO A PNT IN A LINE 66.00 FT W’RLY OF AS MEAS PERP TO THE E LINE OF SAID W 1/2 OF THE SW QTR OF SEC 17; THNC S01D16’43”W PAR WITH SAID E LINE A DST OF 1375.87 FT TO A PNT 17.50 FT S’RLY AND RADIALLY MEAS FROM THE CL OF AN EX PAVED RDWY; THNC NW’RLY PAR WITH SAID CL ON A LINE CRVD TO THE R HAVING A RAD OF 281.50 FT, A CENTRAL ANGLE OF 75D48’19”, A CHD BRG OF N60D02’14”W AND AN ARC DST 372.34 FT TO A PNT OF CURVATURE; THNC CONT NW’RLY PAR WITH SAID CL ON A LINE CRVD TO THE R HAVING A RAD OF 827.50 FT A CENTRAL ANGLE OF 4D52’40”, A CHD BRG OF N19D41’08”W AND AN ARC DST OF 71.30 FT; THNC S72D45’12”W ON A RADIAL LINE TO SAID CRVD CL, A DST OF 350.70 FT; THNC N01D29’38”E A DST OF 1240.19 FT TO THE PNT OF BEG, IN THE TWP OF ST. CHARLES, KANE CNTY, ILL.
Said territory consists of approximately 19 acres lying south of Bolcum Road, and equal distant between Burr Road and Crane Road. An accurate map of said territory is on file in the office of the Kane County Water Resources Department and is available for public inspection.
The purpose of establishing the Area is to provide certain special governmental services (the “Services”) to the Area, which are unique and in addition to the services generally provided to the County as a whole, in the event the subdivision’s owners fail to adequately carry out its duties to maintain the stormwater drainage system and special management areas. The Services to be provided on a back-up basis may include, but are not limited to the following: the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any storm water detention and/or retention 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 Area, including the repayment of any loan or debt incurred for the provision of any of such Services, all of the Services to be in and for the Area.
The levy of a direct annual ad valorem tax upon all taxable property within the Area for the purpose of paying the cost of the Services will also be considered at the Hearing. The tax shall be levied upon all taxable property within the Area for an indefinite period of time beginning for the year 2024, at a rate sufficient to produce revenues required to provide the special services, and such rate shall not exceed an annual rate of 0.50% ($0.50 per $100) of the equalized assessed valuation of each tax parcel within the Area, and shall be in addition to all other taxes permitted by law.
All interested persons, including all persons owning taxable real property located within the Area, will be given an opportunity to be heard at the Hearing regarding the establishment of the Area and the tax levy and an opportunity to file objections to the establishment of the Area or to the amount of the tax levy.
At the Hearing, any interested person may file with the County Clerk written objections to and may be heard orally in respect to any issues referenced in this Notice. The Hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place it will reconvene. At the first regular meeting of the County Board after the public hearing, the County may delete area from the special service area.
If a petition signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area is filed with the County Clerk within 60 days following the final adjournment of the Hearing objecting to the creation of the Area or the levy or imposition of a tax for the provision of the Services to the Area, no such special Service Area may be created or no tax may be levied or imposed.
By order of the County Board of the County of Kane, Illinois.
DATED this ________ day of ______________________, ______.
___________________
Clerk, County Board
Kane County, Illinois
§3. Repealer; effective date
All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and this Ordinance shall be in full force and effect forthwith upon its passage, approval and publication as provided by law.
Passed by the Kane County Board on November 14, 2023
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John A. Cunningham, MBA, J.D. Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: