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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. (20...
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