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TO: Mayor Richard C. Irvin and City Council
FROM: The Law Department
DATE: January 10, 2023
SUBJECT:
Ordinance Proposing the Establishment of a Special Service Area for Maintenance and Repair of Private Roads and Outdoor Areas to be Designated as SSA 217 for Lincoln Prairie Subdivision by Del Webb Phase 1, (South of Wolf’s Crossing, North of 111th, East of Eola and US Route 30), Aurora, Illinois, and Calling for a Public Hearing and Other Procedures in Connection Therewith PINS:
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; and
01-17-100-023.
PURPOSE:
To establish a dormant SSA for purposes of maintaining the private roadways and common areas of should the property's owners fail to uphold their maintenance obligations.
BACKGROUND:
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 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:
Approval of this Proposing Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Proposing the Establishment of a Special Service Area for Maintenance and Repair of Private Roads and Outdoor Areas to be Designated as SSA 217 for Lincoln Prairie Subdivision by Del Webb Phase 1, (South of Wolf’s Crossing, North of 111th, East of Eola and US Route 30), Aurora, Illinois, and Calling for a Public Hearing and Other Procedures in Connection Therewith PINS: 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; and 01-17-100-023.
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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, 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
WHEREASE, 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 be established 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 compact and contiguous; 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 a public hearing shall be held on the 28th day of March 2023, at 6:00 in the City Council Chambers of the City Hall, 44 East Downer Place, Aurora, Illinois to consider the creation of SPECIAL SERVICE AREA NUMBER 217 of the City of Aurora, in the territory described in the Notice set forth in Paragraph 2 hereof. 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 SPECIAL SERVICE AREA NUMBER 217. Said tax to be levied for an indefinite period of time from and after the date of the Ordinance establishing said Area. Said tax to 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, taxes shall not be levied hereunder and said Area shall be “dormant,” and shall take effect only if the owner fails to maintain or repair the aforesaid required items and the City is forced to assume said responsibilities.
(b) The Notice of hearing shall 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, notice by mail will be 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 the proposed Special Service Area 217. Said Notice will 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 will 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
SPECIAL SERVICE AREA NUMBER 217
LINCOLN PRAIRIE BY DEL WEBB SUBDIVISION PRIVATE IMPROVEMENTS
Will County
PINS: 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; and 01-17-100-023.
Common Addresses: West of Eola Road and South of Wolf's Crossing Road, North of 111th Street.
NOTICE IS HEREBY GIVEN that 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, a hearing will be held by the City Council of the City of Aurora to consider the establishment of a Special Service Area consisting of the following described territory:
SEE ATTACHED EXHIBIT “A”
SECTION TWO:
The purpose of the formation of SPECIAL SERVICE AREA NUMBER 217 is to provide for the maintenance of the property in the event the property's owner fails to perform the repair and maintenance of outdoor common areas and associated landscaping, pedestrian paths and private roadways, and these proposed municipal services are unique to the services provided and/or maintained by the City generally. It is hereby determined by the City Council that the establishment of said special service area is desirable and necessary to provide the special services to the said area.
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 SPECIAL SERVICE AREA NUMBER 217 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 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, 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 SPECIAL SERVICE AREA NUMBER 217 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 establishment 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 established or enlarged, or tax levied or imposed.
SECTION FOUR:
The approximate location is South of Wolf’s Crossing, North of 111th, West of Eola and US Route 30.
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 formation of SPECIAL SERVICE AREA NUMBER 217 will be given an opportunity to be heard regarding the formation of the boundaries of the Area and may object to the formation 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.
PASSED by the City Council of the City of Aurora, Illinois on this 24th day of January 2023.
Prepared by:
City of Aurora, Law Department
44 East Downer Place
Aurora, IL 60507
Exhibits Attached:
A-Site Map
B-Legal Description
C-Legal Notice of Hearing
D-Affidavit of Notice of Service
E-Waiver of Objection
F-Aerial Map of Site Location