TO: Mayor Richard C. Irvin
FROM: Law Department
DATE: May 24, 2019
SUBJECT: title
Public Hearing Only -- Special Service Area #198, Butterfield Phase II, Unit 4B,
Lots 19, 401, 403 (Vacant Lots 2350 Frieder Lane, Aurora, Illinois, Kane County
body
PURPOSE:
To call for a public hearing pursuant to Ordinance No. O19-014 which was passed on March 26, 2019.
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. Phase one of this proposed SSA #198 was passed by City Council on March 26, 2019. Pursuant to State Statute we are required to wait 60 days from passage of the proposed Ordinance to call for a Public Hearing to establish the Special Service Area. This phase two, requires notice and the actual public hearing.
DISCUSSION:
The 60 days have passed so the Public Hearing can be held. Legal notice by publication was published in a newspaper of general circulation within the municipality of the Special Service Area on May 13, 2019. Notice by mailing was given on May 13, 2019 by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the special service area.
Dormant SSA’s are a mechanism for the City to tax owners of the property to pay the cost of the ongoing maintenance of storm water control facilities in the event the owners fail to maintain the facilities themselves. This backup funding mechanism is a prerequisite for stormwater permit issuance and the City does not levy taxes in the SSA except when required to maintain the facilities.
IMPACT STATEMENT:
There is no immediate impact to this action, however if the City fails to establish the SSA, it will have limited recourse against the developer (or a subsequent purchaser) in the event it fails to maintain and repair onsite stormwater retention, detention, drainage control systems and common areas.
RECOMMENDATIONS:
Call for the Public Hearing to be held on Tuesday May 28, 2019, which was approved by Ordinance #19-015 passed on March 26, 2019.
Attachments:
Ordinance #019-015
Legal Notice
Affidavit of Service of Notice
Site Map
Aerial Map
Waiver of Objection