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An Ordinance Establishing the Woodgate 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 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 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 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 Homeowners Association fails 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, the establishment of the Area was proposed by the Board of the County of Kane (the “County Board”) pursuant to Ordinance No. 23-430, entitled:
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
(the “Proposing Ordinance”), duly adopted on November 14, 2023, and was considered at a public hearing (the “Hearing”) held by the County Board on December 12, 2023; and
WHEREAS, notice of the Hearing was given by publication at least once not less than 15 days prior to the Hearing in Kane County Chronicle, the same being a newspaper of general circulation within the County (a copy of the notice and affidavit of publication is on file with the County Clerk as Exhibit A and is incorporated herein); and
WHEREAS, mailed notice of the Hearing was given by depositing notice in the United States Mail, not less than 10 days prior to the time set for the Hearing, 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, and in the event taxes for the last preceding year were not paid, the notice 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 (a copy of the notice and the affidavit of mailing is on file with the County Clerk as Exhibit B and is incorporated herein); and
WHEREAS, at the Hearing, all interested persons, including persons owning taxable real property located within the Area, were given the opportunity to be heard regarding any issue embodied within the notice, including the establishment of the Area and the levy of taxes, and to file with the County Clerk written objections to the same (a copy of the transcript of the hearing [and the written objections, if any,] are on file with the County Clerk as Exhibit C).
NOW, THEREFORE, BE IT RESOLVED by the Kane 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 set out herein in full as the findings of the County Board.
§2. Final adjournment of Hearing
The Hearing was finally adjourned on December 12, 2023.
§3. Establishment of Area
(a) The Woodgate Subdivision Special Service Area (or Special Service Area No. SW-56) of Kane County, Illinois is hereby established in and for the County and shall consist of the territory legally described in Exhibit D on file with the County Clerk and made a part hereof.
(b) Said territory consists of approximately 19 acres lying equal distant between Crane Road and Burr Road, and 0.6 miles south of Bolcum Road. An accurate map of the Area is on file with the County Clerk as Exhibit E and made a part hereof.
§4. Purpose of the establishing the Area
The purpose of establishing the Area is to provide the Services to the Area, which Services are unique and in addition to the services generally provided to the County as a whole, in the event the Homeowners Association fails 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.
§5. Tax Levy
The cost of the Services, which are to be provided in the event the Homeowner Association fails to adequately carry out its duties, shall be paid by the revenue from the levy of a direct annual ad valorem tax upon all taxable property within the Area for an indefinite period of time beginning for the year 2024 and 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.
§6. Filing
The County Clerk is hereby directed to file and record a certified copy of this ordinance, including a description of the territory and an accurate map of the Area, in the office of the Kane County Clerk and in the office of the Kane County Recorder within 60 days after its adoption and approval.
§7. 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 January 9, 2024.
_________________________ _________________________
John A. Cunningham, MBA, J.D. Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: