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TO: Mayor Thomas J. Weisner
FROM: Blanca R. Dominguez, Assistant Corporation Counsel
DATE: August 21, 2014
SUBJECT:
Ordinance For the Establishment of a Special Service Area Number #179 Gonnella Baking Company Expansion, Kane County, in the City of Aurora and Providing for a Public Hearing and Other Procedures in Connection Therewith
PURPOSE:
To establish a dormant Special Service Area in accordance with the City's storm water control ordinance. The public hearing for the proposed establishment of SSA #179 was held on June 9, 2014.
BACKGROUND:
The City's storm water control ordinance which was mandated by the counties' ordinance requires that a special service area be set up to maintain all storm water control facilities in the event that the owner thereof fails to do.
DISCUSSION:
Dormant SSA's are a mechanism by which the City can tax owner's of property for maintenance of storm water control facilities in the event the owners do not maintain them. This action is mandated by the City's storm water control ordinance. The SSA would be set up, however, it would not levy a tax unless, and until, required by failure of the owner's to maintain the storm water control facility.
IMPACT STATEMENT:
Inability on City's part to tax owner's of property for maintenance of storm water control facilities in the event the owners do not maintain them.
RECOMMENDATIONS:
Place on Finance Committee Calendar (8/26/14 Agenda) for approval to City Council.
cc: Alderman O'Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Peters, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance for the Establishment of a Special Service Area Number #179 Gonnella Baking Company Expansion, Kane County, in the City of Aurora and Providing for a Public Hearing and Other Procedures in Connection Therewith
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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, the City of Aurora desires to establish such an Area as hereinafter described; and)
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 179 for the purposes set forth herein. An accurate map of said territory is attached hereto as Exhibit "A-1". The approximate location is 2435 Church Road, Aurora, Illinois.
(b) That said Area is compact and contiguous.
(c) That said Area is zoned M-1 Manufacturing District, Limited and will benefit specially from the municipal services to be provided which include the maintenance and repair of the onsite stormwater retention, detention and drainage control and common areas, 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 in addition to municipal services provided to the City of Aurora as a whole; and it is, therefore, in the best interest of said Area and the City of Aurora as a whole that special taxes be levied against said Area for the services to be provided.
(d) Therefore, that City of Aurora SPECIAL SERVICE AREA NUMBER 179 be and is hereby established for and with regard to the aforesaid territory.
SECTION TWO:
That the purpose of City of Aurora SPECIAL SERVICE AREA NUMBER 179 is to provide special municipal improvements to said Area which include the maintenance and repair of the onsite stormwater retention, detention and drainage controls and common areas, 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 a public hearing was held on the 24th day of June, 2014, 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 179 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 9th day of June, 2014, 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 179. Said notice was mailed on or before the 9th day of June, 2014, 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
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit A-1 Site Map
Exhibit A - Legal Descriptioni
Exhibit B - Notice of Hearing
Affidavit of Service of Notice
Waiver of Objection SSA #179