TO: Mayor Richard C. Irvin
FROM: Law Department
DATE: September 11, 2019
SUBJECT:title
Special Service Area #199, Alden of Waterford (Vacant Land 1865 Audra Circle, Aurora, IL, Kane County.
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PURPOSE:
To call for a public hearing pursuant to Ordinance No. O19-052 which was passed on August 13, 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 #199 was passed by City Council on August 13, 2019. This phase two, requires notice and the actual public hearing.
DISCUSSION:
Legal notice by publication was published in a newspaper of general circulation within the municipality of the Special Service Area on September 9, 2019. Notice by mailing was given on September 9, 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 re...
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