cover
TO: Mayor Richard C. Irvin
FROM: Law Department
DATE: April 22, 2023
SUBJECT:
Ordinance for the Establishment of Special Service Area Number #217 for Maintenance and Repair of Private Roads and Outdoor Areas Del Webb - Phase 1, (South of Wolf’s Crossing, North of 111th Street, East of Eola and U.S. Route 30; Permanent Index Number: 01-18-200-001; 01-18-200-002; 01-18-200-003; 01-18-400-005; 01-18-400-006; 01-18-100-010; 01-17-100-021; 01-17-100-023), Aurora, Illinois.
PURPOSE:
To establish a dormant Special Service Area for purposes of maintaining the private roadways and common areas should the property's owners fail to uphold their maintenance obligations.
BACKGROUND:
This SSA was proposed on January 24, 2023. The public hearing for the proposed establishment of SSA #217 was held on March 28, 2023. As part of an Annexation Agreement (O21-018) adopted on April 27, 2021, the property owner agreed to the establishment of a Special Service Area for the purposes of any costs associated with the maintenance and repair of outdoor common areas and associated landscaping, pedestrian paths and private roadways in the event the property's owners fail to maintain said improvements. Also pursuant to 35 ILCS 200/27-90, the City may establish a Special Service Area to cover the private roads located within this area
DISCUSSION:
This dormant SSA shall allow the City to levy a tax to cover any maintenance or repair associated with outdoor common areas and associated landscaping, pedestrian paths and private roadways in the event the property's owners fail to maintain said improvements. The SSA expressly excludes the clubhouse and private recreational improvements on the clubhouse outlot.
IMPACT STATEMENT:
As a dormant SSA there is no immediate impact. The SSA simply allows the City to activate the SSA in the event the property owner fails to uphold their maintenance obligations..
RECOMMENDATIONS:
Staff recommends the adoption of this Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance for the Establishment of Special Service Area Number #217 for Maintenance and Repair of Private Roads and Outdoor Areas Del Webb - Phase 1, (South of Wolf’s Crossing, North of 111th Street, East of Eola and U.S. Route 30; Permanent Index Number: 01-18-200-001; 01-18-200-002; 01-18-200-003; 01-18-400-005; 01-18-400-006; 01-18-100-010; 01-17-100-021; 01-17-100-023), Aurora, Illinois.
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 1990, 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, pursuant to O21-018 adopted on April 27, 2021, the City shall establish a dormant SSA to be activated in the event the property's owner fails to perform the maintenance of outdoor common areas and associated landscaping, pedestrian paths and private roadways; and
WHEREAS, this SSA expressly excludes the clubhouse and private recreational improvements located on the clubhouse lot; and
WHEREAS, it is in the public interest that the Area described in the Notice set forth in paragraph 2 Section One hereof beestablished as a Special Service Area for the purposes set forth herein, an accurate map of said territory being attached hereto as Exhibit "A"; and
WHEREAS, said Area is zoned Planned Development District, and will benefit from the municipal services to be provided in the event the property owners fail to uphold their maintenance obligations. The proposed maintenance is unique to municipal services provided to the City of Aurora as a whole, and it is, therefore, in the best interests of said Area and the City of Aurora as a whole to establish a dormant SSA to be prepared in the event there is a need to levy of special taxes against said Area for the services to be provided.)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION ONE:
(a) That it is in the public interest that the Area hereinafter described in the Notice referred to in Section Four hereof be established as SPECIAL SERVICE AREA NUMBER 217 for the purposes set forth herein. An accurate map of said territory is attached hereto as Exhibit “A-1”. The approximate location is South of Wolf’s Crossing, North of 111th Street, East of Eola and U.S. Route 30, Aurora, Illinois 60503.
(b) That said Area is compact and contiguous.
SECTION TWO:
That the purpose of City of Aurora SPECIAL SERVICE AREA NUMBER 217 is to provide special municipal improvements to said Area which include the maintenance and repair of outdoor common areas and associated landscaping, pedestrian paths and private roadways, within the Special Service Area, all in accordance with the final approved landscape plan, engineering plan and/or final plat of subdivision for the Area; and the proposed municipal services are unique and are in addition to the services provided by the City generally. Annual taxes shall be assessed and levied at a rate or amount sufficient to provide tax revenue required to provide for said special municipal services in said Area, on property in said Area in addition to all other municipal taxes, said tax to be levied at a maximum rate of 1.10 one-hundredths percent (1.10 being one hundred and ten cents per $100.00 of the equalized assessed value of the property) provided that the special annual tax shall be levied upon the equalized assessed value of the property in said Area in the amount of tax sufficient to produce revenue required to provide the special services. Said tax to be levied for an indefinite period of time commencing during and in the years subsequent to the date of this Ordinance. 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. Notwithstanding the foregoing, taxes shall not be levied hereunder and said Area shall be “dormant,” and shall take effect only if the 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 if forced to assume said responsibilities. During the years of development in the Area and initially thereafter, said levies are intended to produce an amount annually to pay for the cost for said services.
SECTION THREE:
That this SSA was proposed on January 24, 2023 through O23-008. That a public hearing was held on the 28th day of March, 2023, at 6:00 p.m., in the City Council Chambers of the City Hall, 44 East Downer Place, Aurora, Illinois with regard to the establishment of City of Aurora SPECIAL SERVICE AREA NUMBER 217 for the territory described in the Notice referred to in Section Four hereof. At the hearing, there was considered the levy of an annual tax as described and limited in Section Two hereof.
SECTION FOUR:
That notice of hearing was published on the 3rd day of March, 2023, being not less than fifteen (15) days prior to the public hearing, in a newspaper in general circulation in the City of Aurora. In addition, notice by mailing was given by depositing said notice in the U.S. 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 proposed SPECIAL SERVICE AREA NUMBER 217. Said notice was mailed on or before the 3rd day of March, 2023, being not less than ten (10) days prior to the public hearing. In the event taxes for the last preceding year were not paid, the Notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. Notice was provided for in the form described by Exhibit “B” attached hereto:
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.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Exhibits Attached:
A-1 Site Map
A - Legal Description
B - Legal Notice of Hearing
C - Affidavit of Notice of Service
D - Waiver of Objection
E - Aerial Map of Site Location