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TO: Mayor Richard C. Irvin and Council
FROM: Law Department
DATE: July 17, 2019
SUBJECT:
Ordinance for the Establishment of a Special Service Area Number #198 Butterfield Phase II, Unit 4B, Lots 19, 401, 403, (Vacant Lots: 2350 Frieder Lane) Aurora, Illinois, DuPage County.
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 #198 was held on May 28, 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. 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 SSAs are a mechanism for the City to tax owners of property to pay the cost of the ongoing maintenance of stormwater 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:
Place on Infrastructure and Technology Committee Calendar (July 22, 2019 Agenda) for approval to City...
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