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Approval of an Ordinance Providing for and Requiring the Submission of the Proposition of Increasing the Limiting Rate of the Forest Preserve District of Kane County, Illinois, to the Voters of Said Forest Preserve District at the General Election to be Held on the 5th Day of November, 2024
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Whereas, the Forest Preserve District of Kane County, Illinois (the “District”), is subject to the Property Tax Extension Limitation Law of the State of Illinois, as amended (“PTELL”); and
Whereas, the Board of Commissioners of the District (the “Board”) does hereby find and determine that the limiting rate for the District is not sufficient to provide funds to preserve and maintain forests and natural lands, acquire lands to protect rivers and watersheds, plant trees and protect wildlife habitat, enhance flood control and drainage, maintain and improve forest preserve woodlands, wetlands and prairies, provide nature education and outdoor opportunities for all ages, increase forest preserve access and safety, improve recreational amenities such as hiking and biking trails, camping and fishing or for other forest preserve purposes (collectively, the “Forest Preserve Purposes”); and
Whereas, the most recent levy year for which the limiting rate of the District is known is 2023; and
Whereas, the limiting rate for the District for levy year 2023 was 0.045150% of the equalized assessed value of the taxable property therein; and
Whereas, the Board does hereby further find and determine that the need exists for increasing the limiting rate for the District by an additional amount equal to 0.029163% above the limiting rate for levy year 2023 for Forest Preserve Purposes and establishing the same at 0.074313% of the equalized assessed value of the taxable property therein for levy year 2024; and
Whereas, before the limiting rate for the District for levy year 2024 may be increased to 0.074313%, a proposition therefor (the “Proposition”) must be submitted to the voters of the District as provided by PTELL, and be approved by a majority of the voters of the District voting on the Proposition at an election to be held in and for the District; and
Whereas, the Board deems it advisable, necessary and in the best interests of the District that the Proposition be submitted to the voters of the District at an election to be held and conducted in accordance with the general election law; and
Whereas, PTELL requires that the ballot for the Proposition shall have printed thereon, but not as a part of the Proposition, certain supplemental information as set forth and described in PTELL; and
Whereas, such supplemental information shall be supplied by the District to the election authority; and
Whereas, the Board has reviewed and approved the supplemental information appearing on the form of ballot for the Proposition hereinafter set forth in this Ordinance:
Now, Therefore, Be It Ordained by the Board of Commissioners of the Forest Preserve District of Kane County, Illinois, as follows:
Section 1. Incorporation of Preambles. The Board hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does incorporate them into this Ordinance by this reference.
Section 2. Need to Submit to Voters. It is advisable, necessary and in the best interests of the District that the limiting rate for the District be increased to 0.074313% of the equalized assessed valuation of the taxable property thereon for levy year 2024.
Section 3. Submission to Voters. The Proposition shall be submitted to the voters of the District in accordance with the general election law at the general election to be held on Tuesday, the 5th day of November, 2024, between the hours of 6:00 o’clock A.M. and 7:00 o’clock P.M. on said day (the “Election”).
Section 4. Voting Precincts and Polling Places. The Election shall be held in the voting precincts and at the polling places established by the County Board (the “County Board”) of The County of Kane, Illinois (the “County”), for voters of the District at the Election.
Section 5. Election Notice. The County Clerk of the County (the “County Clerk”) shall give notice of the Election, including a Spanish translation thereof if so required by the County Clerk (the “Notice”), in accordance with the general election law by (i) publishing the Notice once not more than 60 nor less than 10 days prior to the date of the Election in a local, community newspaper having general circulation in the District, and (ii) posting a copy of the Notice at least 10 days before the date of the Election at the principal office of the County Clerk.
Section 6. Local Notice. The Secretary of the Board shall post a copy of the Notice at the principal office of the District at least 10 days before the date of the Election.
Section 7. Newspaper of General Circulation. It is hereby found and determined that the Daily Herald is a local, community newspaper having general circulation in the District as required by Section 12-5 of the Election Code of the State of Illinois, as amended (the “Election Code”).
Section 8. Form of Notice. The Notice shall appear over the name or title of the County Clerk and shall be substantially in the following form:
Notice is Hereby Given that at the general election to be held on Tuesday, the 5th day of November, 2024, the following proposition will be submitted to the voters of the Forest Preserve District of Kane County, Illinois:
Shall the limiting rate under the Property Tax Extension Limitation Law for the Forest Preserve District of Kane County, Illinois, be increased by an additional amount equal to 0.029163% above the limiting rate for levy year 2023 for the purpose of preserving and maintaining forests and natural lands; acquiring lands to protect rivers and watersheds; planting trees and protecting wildlife habitat; enhancing flood control and drainage; maintaining and improving forest preserve woodlands, wetlands and prairies; providing nature education and outdoor opportunities for all ages; increasing forest preserve access and safety; improving recreational amenities such as hiking and biking trails, camping and fishing; and for other forest preserve purposes and be equal to 0.074313% of the equalized assessed value of the taxable property therein for levy year 2024?
(1) The approximate amount of taxes extendable at the most recently extended limiting rate is $8,730,002, and the approximate amount of taxes extendable if the proposition is approved is $14,368,830.
(2) For the 2024 levy year the approximate amount of the additional tax extendable against property containing a single family residence and having a fair market value at the time of the referendum of $100,000 is estimated to be $10.
(3) If the proposition is approved, the aggregate extension for 2024 will be determined by the limiting rate set forth in the proposition, rather than the otherwise applicable limiting rate calculated under the provisions of the Property Tax Extension Limitation Law (commonly known as the Property Tax Cap Law).
The polls at the election will be open at 6:00 o’clock A.M. and will continue to be open until 7:00 o’clock P.M. of that day.
Dated this ____ day of ____________, 2024.
John A. Cunningham
County Clerk, The County of Kane, Illinois
Section 9. Form of Ballot. The ballot to be used at the Election shall be in substantially the following form, with such necessary alterations, changes, deletions and insertions as may be required by Articles 24A, 24B or 24C of the Election Code if an electronic, mechanical or electric voting system is used at the Election:
(Face of Ballot)
Official Ballot
Forest Preserve District of Kane County Proposition to Increase the Limiting Rate
(Instructions to Voters: Mark a cross
(X) in the space opposite the word
indicating the way you desire to vote.)
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Shall the limiting rate under the Property Tax Extension Limitation Law for the Forest Preserve District of Kane County, Illinois, be increased by an additional amount equal to 0.029163% above the limiting rate for levy year 2023 for the purpose of preserving and maintaining forests and natural lands; acquiring lands to protect rivers and watersheds; planting trees and protecting wildlife habitat; enhancing flood control and drainage; maintaining and improving forest preserve woodlands, wetlands and prairies; providing nature education and outdoor opportunities for all ages; increasing forest preserve access and safety; improving recreational amenities such as hiking and biking trails, camping and fishing; and for other forest preserve purposes and be equal to 0.074313% of the equalized assessed value of the taxable property therein for levy year 2024? |
Yes |
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|
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NO |
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(1) The approximate amount of taxes extendable at the most recently extended limiting rate is $8,730,002, and the approximate amount of taxes extendable if the proposition is approved is $14,368,830.
(2) For the 2024 levy year the approximate amount of the additional tax extendable against property containing a single family residence and having a fair market value at the time of the referendum of $100,000 is estimated to be $10.
(3) If the proposition is approved, the aggregate extension for 2024 will be determined by the limiting rate set forth in the proposition, rather than the otherwise applicable limiting rate calculated under the provisions of the Property Tax Extension Limitation Law (commonly known as the Property Tax Cap Law).
(Back of Paper Ballot)
Official Ballot
Official ballot for voting on the proposition to increase the limiting rate for the Forest Preserve District of Kane County, Illinois, at the general election held on November 5, 2024.
Precinct Number: _____________
Polling Place: _________________________________
_________________________________
_________________________________
County Clerk, The County of Kane, Illinois
Section 10. Election Judges. The Election shall be conducted by the election judges appointed by the County Board to act in the precincts at which the Proposition will be submitted to the voters of the District.
Section 11. Filing of Ordinance. After the adoption hereof and not less than 68 days prior to the date of the Election, the Secretary of the Board shall certify a copy hereof to the County Clerk in order that the Proposition may be submitted to the voters of the District at the Election.
Section 12. Canvass of Election. The Election shall be held and conducted and the returns thereof duly canvassed, all in the manner and time as provided by the general election law.
Section 13. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.
[Remainder of page intentionally left blank]
Section 14. Repealer and Effective Date. All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and this Ordinance be in full force and effect forthwith upon its passage and approval.
Adopted July 9, 2024.
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President, Board of Commissioners
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Secretary, Board of Commissioners
Commissioner ______________ moved and Commissioner _____________ seconded the motion that said ordinance as presented and read by title be adopted.
After a full discussion thereof, the President directed that the roll be called for a vote upon the motion to adopt said ordinance.
Upon the roll being called, the following Commissioners voted Aye:
The following Commissioners voted Nay:
Whereupon the President declared the motion carried and the ordinance adopted and did sign and approve the same in open meeting and did direct the Secretary to record the same in the records of the Board of Commissioners of the Forest Preserve District of Kane County, Illinois, which was done.
Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting.
Upon motion duly made, seconded and carried, the meeting was adjourned.
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Secretary, Board of Commissioners
State of Illinois )
) SS
County of Kane )
Certification of Ordinance and Minutes
I, the undersigned, do hereby certify that I am the duly qualified and acting Secretary of the Board of Commissioners (the “Board”) of the Forest Preserve District of Kane County, Illinois (the “District”), and that as such official I am the keeper of the records and files of the Board.
I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Board held on the 9th day of July, 2024, insofar as the same relates to the adoption of Ordinance No. __________ entitled:
An Ordinance providing for and requiring the submission of the proposition of increasing the limiting rate of the Forest Preserve District of Kane County, Illinois, to the voters of said Forest Preserve District at the general election to be held on the 5th day of November, 2024.
a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of the Board on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Board at least 96 hours in advance of the holding of said meeting, that at least one copy of said agenda was continuously available for public review during the entire 96-hour period preceding said meeting, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, the Downstate Forest Preserve Act of the State of Illinois, as amended, and the Election Code of the State of Illinois, as amended, and that the Board has complied with all of the provisions of said Acts and said Code, and with all of the procedural rules of the Board.
There is hereby certified to the County Clerk of The County of Kane, Illinois, for submitting to the voters of the District at the general election to be held on the 5th day of November, 2024, the proposition set forth in said ordinance, which said ordinance was duly adopted by the Board on the 9th day of July, 2024.
In Witness Whereof, I hereunto affix my official signature, this 9th day of July, 2024.
_______________________________________
Secretary, Board of Commissioners
State of Illinois )
) SS
County of Kane )
Filing Certificate
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kane, Illinois (the “County”), and as such official I do further certify as follows:
1. That on the ____ day of _________, 2024, there was filed in my office a duly certified copy of Ordinance No. ______ entitled:
An Ordinance providing for and requiring the submission of the proposition of increasing the limiting rate of the Forest Preserve District of Kane County, Illinois, to the voters of said Forest Preserve District at the general election to be held on the 5th day of November, 2024.
duly adopted by the Board of Commissioners of the Forest Preserve District of Kane County, Illinois (the “District”), on the 9th day of July, 2024, and that the same has been deposited in the official files and records of my office.
2. That included in the certification of said ordinance were the form of public question (the “Question”) to be placed on the ballot at the general election to be held on the 5th day of November, 2024 (the “Election”), and the date on which the Question was initiated by the adoption of said ordinance.
3. That the Question will be submitted to the voters of the District at the Election.
4. That notice that the Question will be submitted to the voters of the District at the Election, including a Spanish translation thereof (the “Notice”), will be given as required by Section 12-5 of the Election Code of the State of Illinois, as amended, by (a) publishing the Notice once not more than 60 nor less than 10 days prior to the date of the Election in the Daily Herald, the same being a local, community newspaper having general circulation in the District, and (b) posting a copy of the Notice at my principal office at least 10 days before the date of the Election, as set forth in Section 5 of said ordinance, and that the Notice will be substantially in the form set forth in Section 8 of said ordinance.
In Witness Whereof, I hereunto affix my official signature and the seal of the County, this ____ day of _________, 2024.
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County Clerk, The County of Kane, Illinois
(Seal)