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TO: Mayor Richard C. Irvin
FROM: Law Department
DATE: January 1, 2025
SUBJECT:
Ordinance the Expanding Special Service Area Number 212 related to real property commonly known as Del Webb Phase 3.
PURPOSE:
To expand the area of Special Service Area 212 as a result of the expansion and continued development of the Del Webb subdivision.
BACKGROUND:
The expansion of this SSA was proposed on October 10, 2024. The public hearing for the proposed expansion of SSA 212 was held on November 12, 2024.
DISCUSSION:
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. Since Phase 1 and 2 of the subdivision has 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.
IMPACT STATEMENT:
There is no immediate impact to this action, however if the City fails to expand the SSA to include the second phase of development, it will have limited recourse against future homeowners of Del Webb Phase 3, in the event the onsite stormwater retention, detention, drainage control systems and common areas are not maintained and repaired.
RECOMMENDATIONS:
Staff recommends the adoption of this Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Expanding Special Service Area Number 212 related to real property commonly known as Del Webb Phase 3, in Aurora, Illinois.
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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 19212, 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 expand the tax levy of SSA 212, to include 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 as SPECIAL SERVICE AREA NUMBER 212, be expanded to include Del Webb Phase 3. An accurate map of said territory is attached hereto as Exhibit A. The approximate location is South of Wolf’s Crossing, east of Eola Road and Route 30, North of 111th Street, Aurora, Illinois, Aurora, Illinois.
(b) That said Area is compact and contiguous.
(c) That said Area is zoned residential, and will benefitted 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 212 is hereby expanded with regard to the aforesaid territory.
SECTION TWO:
That the purpose of City of expanding SPECIAL SERVICE AREA NUMBER 212 is to 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 this expansion of SSA 212 was proposed on October 10, 2024 through Ordinance 24-063. A public hearing was held on 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 with regard to the expansion of the tax levy of SPECIAL SERVICE AREA NUMBER 212 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 on the proposed expanded area as described in Section Two hereof.
SECTION FOUR:
That notice of hearing was published on the 18th day of October 2024 being not less than fifteen (15) days prior to the public hearing, in a newspaper in general circulation in the City of Aurora. Proof of Publication is attached as Exhibit C 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 SPECIAL SERVICE AREA NUMBER 212. Said notice was mailed on or before the 18th day of October 2024, 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. Affidavit of service and a copy of the aforementioned notice is attached as Exhibit D.
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.
Exhibits Attached:
A - Site Map
B - Legal Description
C - Proof of Publication Notice
D - Affidavit of Notice of Service (Mailed Notice)
E - Aerial Map of Site Location