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TO: Mayor Richard C. Irvin
FROM: Law Department
DATE: October 2, 2024
SUBJECT:
An Ordinance Proposing the Expansion of SSA 212 Related to Real Property Commonly known as Lincoln Prairie by Del Webb Phase 3, in Aurora, Illinois and Calling for a Public Hearing Thereon.
PURPOSE:
To expand the area known as Special Service Area 212 as a result of the expansion and continued development of the Lincoln Prairie by Del Webb subdivision.
BACKGROUND:
On June 13, 2023, the City adopted O23-036 and established SSA 212 in accordance with 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) for Del Webb subdivision. SSA 212 was established for purposes of creating a backup method to handle stormwater maintenance in the event the owner fails to maintain or repair the stormwater facilities. Since Phase 1 and 2 of the subdivision have been completed, Lincoln Prairie Aurora, LLC, is seeking to develop the remaining portion of the subdivision and the new area needs to be added to existing dormant SSA 212.
DISCUSSION:
Rather than create a separate Special Service Area, it makes most practical sense to expand the existing SSA to include the next phase of development so that the entire Lincoln Prairie Del Webb subdivision is subject to one single dormant SSA.
IMPACT STATEMENT:
There is no immediate impact to this action, however if the City fails to expand the SSA, the City will have limited recourse against the developer (or a subsequent purchaser) in the event the onsite stormwater retention, detention, or drainage control systems are not maintained in Lincoln Prairie by Del Webb Phase 3.
RECOMMENDATIONS:
Staff recommends the approval of this ordinance proposing the expansion of SSA 212, and setting the Proposed Expansion of SSA 212 for Public Hearing on November 12, 2024 at 6:00 p.m. in City Council Chambers.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Proposing the Expansion of Special Service Area 212 for Stormwater Management Purposes Related to Real Property Commonly Known as Lincoln Prairie by Del Webb Phase 3, Aurora, Illinois and Calling for a Public Hearing Thereon.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, special service areas are established pursuant to subsection 1 of Section 6 of Article VII of the Illinois Constitution of 1970, 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, by City of Aurora Ordinance No. O23-036 passed June 13, 2023,SSA 212 was adopted. The Kane County Stormwater Ordinance requires an SSA be established as backup vehicle for maintaining stormwater systems in the event the developer or future owner fails to keep or otherwise maintain the facilities in good repair;and
WHEREAS, Lincoln Prairie Aurora, LLC, is now seeking to develop the remainder of the subdivision, also known as Del Webb Phase 3, and it is necessary to expand the existing boundaries of SSA 212; and
WHEREAS, the area to be added to SSA 212 is described in the Legal Description (Attached as Exhibit A) and is depicted in the site map attached hereto as Exhibit B; and
WHEREAS, it is in the best interest of the City of Aurora to expand SSA 212 to include the entirety of the Del Webb subdivision; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION ONE:
That a public hearing shall be held on or after the 12th day of November, 2024, at 6:00 p.m. the City Council Chambers of the City Hall, 44 East Downer Place, Aurora, Illinois to consider the EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 to include the territory described in the Notice set forth below. At the hearing, there will be considered the levy of an annual tax on property by the City of Aurora at a rate or amount of tax sufficient to produce revenue required to provide the special services in the proposed EXPANSION OF SPECIAL SERVICE AREA NUMBER 212. The hearing shall occur during a regular meeting of the City Council on a date determined by the Mayor consistent with this Ordinance.
Said tax may be levied for an indefinite period of time from and after the date of the Ordinance establishing said Area. Said tax may be levied at a maximum rate of $1.10 (one hundred and ten cents per one-hundred dollar valuation). Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. Said levies are intended to produce an amount annually to pay for the cost for said special services. Notwithstanding the foregoing, the City shall not levy said taxes hereunder and said special service area shall be regarded as "dormant," unless the owner fails maintain or repair the aforesaid required items and the City is forced to assume said responsibilities.
The City shall cause notice of hearing to be published at least once, not less than fifteen (15) days prior to the public hearing, in a newspaper in general circulation in the City of Aurora. In addition, the City cause the mailing of said notice by depositing said Notice in the U.S. Mails 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 existing and proposed expanded area of Special Service Area 212. Said Notice shall be mailed not less than ten (10) days prior to the time set for the public 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. The Notice shall be substantially the following form:
NOTICE OF HEARING
CITY OF AURORA
EXPANSION OF SPECIAL SERVICE AREA NUMBER 212
to include Lincoln Prairie by Del Webb Phase 3
Will County
PINS: Part of: 07-01-17-100-026-0000
Part of: 07-01-17-100-027-0000
Part of: 07-01-18-200-010-0000
Part of: 07-01-18-400-008-0020
07-01-18-200-008-0030
Common Addresses: South of Wolf’s Crossing, east of Eola Road and Route 30, North of 111th Street.
NOTICE IS HEREBY GIVEN that on or about the 12th day of November, 2024 at 6:00 p.m., in the City Council Chambers of the City Hall, 44 East Downer Place, Aurora, Illinois, a hearing will be held by the City Council of the City of Aurora to consider the Expansion of Special Service Area 212, to include the following described territory:
SEE ATTACHED EXHIBIT A
The purpose of the EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 in general is to provide for the maintenance and repair of the onsite stormwater retention, detention and drainage controls and common areas, in said Area, all in accordance with the final plat of subdivision or final approved engineering plans for the Area, and the proposed municipal services are unique and are in addition to the improvements and services provided and/or maintained by the City generally. It is hereby determined by the City Council that the expansion of said special service area is desirable and necessary to provide the special services to the said area.
At the hearing, all persons affected will be given an opportunity to be heard and may object to the expansion of the Area and the levy of taxes affecting said Area. At the hearing, there will be considered the levy of an annual tax in the proposed EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 by the City of Aurora of not to exceed an annual rate of 1.10 one-hundredths percent ($1.10 being 110 cents per $100.00 of the equalized assessed value of the property) sufficient to produce revenues to provide the special services. Said tax to be levied for an indefinite period of time from and after the date of the Ordinance expanding said Area. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. Said levies are intended to produce an amount annually to pay for the cost for said special services. Notwithstanding the foregoing, taxes shall not be levied hereunder and said Area shall be “dormant,” and shall take effect only if the applicable required Owners Association (or owner as the case may be) fails to maintain or repair the aforesaid required items or provide said special services and the City is forced to assume said responsibilities. The hearing may be adjourned by the City Council 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 signed by at least fifty-one percent (51%) of the electors residing within the proposed EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Area is filed with the City Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the expansion of the Area, the enlargement thereof, or the levy or imposition of a tax for the provision of special services to the Area, no such Area may be enlarged.
City Clerk City of Aurora
44 East Downer Place Aurora, IL 60507
(630) 256-3070
Any questions concerning the proposed expansion of the Special Service Area should be directed to the City of Aurora Law Department by calling 630-256-3060.
SECTION TWO:
On June 13, 2023, SSA 212 was established by the adoption of Ordinance No. O23-036. It was created pursuant to the Kane County Stormwater Ordinance which requires an SSA be established as backup vehicle for maintaining stormwater systems in the event the owner fails to keep or otherwise maintain the facilities in good repair. The City Council proposes the Expansion of Special Service Area 212 to include the development of Lincoln Prairie by Del Webb Phase 3 as part of the original SSA which was established to serve as a vehicle for the City to levy a tax against the subdivision if, and only if, the City is forced to undertake the responsibility of the Owner in maintaining the Stormwater Management Facilities. Maintaining private Stormwater Management Facilities constitutes additional special services above those municipal services which the City generally provides to the throughout its territory. The City Council believes that the expansion of said special service area is desirable and necessary to have the ability to provide the special services to the entire Lincoln Prairie by Del Webb Subdivision.
The City Council proposes the Expansion of Special Service Area 212 to include the development of Lincoln Prairie by Del Webb Phase 3 as part of the original SSA established serve as a vehicle for the City to levy a tax against the entire subdivision if, and only if, the City is forced to undertake the responsibility of the Owner in maintaining the Stormwater Management Facilities. Maintaining private Stormwater Management Facilities constitutes additional special services above those municipal services which the City generally provides to the throughout its territory. The City Council believes that the expansion of said special service area is desirable and necessary to have the ability to provide the special services to the entire Del Webb Subdivision.
SECTION THREE:
At the hearing, all persons affected will be given an opportunity to be heard. At the hearing, there will be considered the levy of an annual tax in the proposed EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 by the City of Aurora of not to exceed an annual rate of 1.10 one-hundredths percent ($1.10 being 1 10 cents per $100.00 of the equalized assessed value of the property) sufficient to produce revenues to provide the special services. Said tax to be levied for an indefinite period of time from and after the date of the Ordinance establishing said Area. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. Said levies are intended to produce an amount annually to pay for the cost for said special services. Notwithstanding the foregoing, the City shall not levy special taxes hereunder and said Area shall be "dormant," and shall take effect only if the applicable required Owners Association (or owner as the case may be) fails to maintain or repair the aforesaid required items or provide said special services and the City is forced to assume said responsibilities. The hearing may be adjourned by the City Council 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 signed by at least fifty-one percent (51%) of the electors residing within the proposed EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Area is filed with the City Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the expansion of the Area, the enlargement thereof, or the levy or imposition of a tax for the provision of special services to the Area, no such Area may be enlarged, or tax levied or imposed.
SECTION FOUR:
The approximate location is South of Wolf’s Crossing, east of Eola Road and Route 30, North of 111th Street, Aurora, Illinois. An accurate map of said territory is on file in the Office of the City Clerk and available for public inspection, and legal description is attached hereto as Exhibit "A." All interested persons affected by the EXPANSION OF SPECIAL SERVICE AREA NUMBER 212 will be given an opportunity to be heard regarding the expansion of the boundaries of the Area and may object to the expansion of the Area and the levy of taxes affecting said Area.
SECTION FIVE:
That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
SECTION SIX:
That all ordinances or parts of ordinances thereof in conflict therewith are hereby repealed to the extent of any such conflict.
SECTION SEVEN:
That any Section or provisions of this Ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter
Prepared by:
Peterson Johnson & Murray LLC
200 West Adams St., Suite 2125
Chicago, IL 60606
Exhibits Attached:
A - Legal Description
B - Site Map
C - Legal Notices of Hearing
D - Aerial Map of Site Location