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TO: Mayor Richard C. Irvin
FROM: Richard J. Veenstra, Corporation Counsel
DATE: October 13, 2017
SUBJECT:
Ordinance Establishing of a Special Service Area Number #193 M14 Hoops Basketball Facility, Church Road & Bilter Road, Kane County, in the City of Aurora.
PURPOSE:
To establish a dormant Special Service Area (SSA) in accordance with the City's stormwater control ordinance. The City Council conducted the required public hearing for this proposed SSA was conducted on August 22, 2017.
BACKGROUND:
The Kane County Stormwater Management Ordinance, which the City has adopted by reference, provides that public entities shall establish a special service area, in the manner set forth in Illinois law, to serve as a backup vehicle to fund the maintenance of stormwater drainage system or facilities required by law or ordinance, in the event that the property's owners fail to do so, as a condition for the issuance of a stormwater management permit. The proposed SSA is "dormant" in the sense that the City will not levy a tax in the SSA unless the owners of the property fail to maintain the stormwater facilities requiring the City to do so in their stead..
DISCUSSION:
Dormant SSA's are a mechanism by which the City can tax owners of property for maintenance of stormwater control facilities in the event they fail to maintain them. Again, a back-up funding mechanism is a prerequisite for stormwater permit issuance.
IMPACT STATEMENT:
There is no immediate impact to this action, however if the City fails to establish the SSA, it will have limited recourse in the event the developer fails to maintain and repair onsite stormwater retention, detention and drainage control systems and common areas.
RECOMMENDATIONS:
Place on Finance Committee Calendar (11/14/17 Agenda) for subsequent approval by the City Council
cc: Alderman O’Connor, Chairman
Alderman Mesiacos
Alderman Bugg
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Establishing of a Special Service Area Number #193 M14 Hoops Basketball Facility, Church Road & Bilter Road, Kane County, in the City of Aurora
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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 described in the Notice set forth in paragraph 2 Section One hereof be established as Special Service Area #193 for the purposes set forth herein, an accurate map of said territory being attached hereto as Exhibit “A-1”; and
(b) That said Area is compact and contiguous and constitutes a principal commercial area of the City; and
(c) That, said Area is zoned PDD--Planned Development District, 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 controls 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 interests of said Area and the City of Aurora as a whole, that the levy of special taxes against said Area for the services to be provided be considered )
(a) That a public hearing has been held on the 22nd day of August, 2017, at 6:00 p.m. in the City Council Chambers of the City Hall, 44 East Downer Place, Aurora, Illinois to consider the creation of SPECIAL SERVICE AREA NUMBER 193 of the City of Aurora, in the territory described in the Notice set forth in Paragraph 2 hereof.
(b) The Notice of hearing was 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 mailing was given 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 proposed Special Service Area 193. Said Notice was 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 was sent to the person last listed on the tax rolls prior to that year as the owner of said property.
SECTION TWO:
That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
SECTION THREE:
That all ordinances or parts of ordinances thereof in conflict therewith are hereby repealed to the extent of any such conflict.
SECTION FOUR:
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.
EXHIBITS
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