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HomeMy WebLinkAboutOrdinances - O-82-282 - 04/05/1982 - PROPOSE ESTABLISH SSA IN CITY OF MCHENRYORDINANCE N0. 0-82-282 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE CITY OF McHENRY AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois as follows: SECTION 1: Authority to Establish Special Service Areas. Special service areas in municipalities other than home rule units are established pursuant to Article VII, Section 7, of the Constitution of the State of Illinois in force July 1, 1971, which provides: Counties and municipalities which are not home rule units shall have only powers granted to them by law and the powers (1) to make local improvements by special assessment and to exercise this power jointly with other counties and municipalities, and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government; (2) by referendum, to adopt, alter or repeal their forms of government provided by law; (3) in the case of municipalities, to pro- vide by referendum for their officers, man- ner of selection and terms of office; (4) in the case of counties, to provide for their officers, manner of selection and terms of office as provided in Section 4 of this Article; (5) to incur debt except as limited by law and except that debt pay- able from ad valorem property tax receipts shall mature within 40 years from the time it is incurred; and (6) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. and are established pursuant to the provisions of an Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties and pursuant to the Revenue Act of 1939. SECTION 2: Findings. This City Council Finds: A. It is in the public interest that the creation of the area hereinafter described as a special service area for the purposes set forth herein be considered. B. That the area hereinafter described as a Special Service Area is a contiguous area within the City of McHenry. C. That said area is zoned "R-1", Single Family District subject to a Special Use Permit to use the area for hosital and medical clinic use, including medically related business and professional use, off street parking and all related uses and will benefit specially from the municipal services to be provided and that the proposed municipal services are in addition to municipal services provided to the City of McHenry as a whole and it is, therefore, in the best interest of the City of McHenry that the levy of special taxes against said area for the services to be provided be considered. SECTION 3: Public Hearing -Issuance of Bond -Tax Rates. That a public hearing shall be held on the 26th day of April, 1982, in the Council Chambers of the Municipal Building, 1111 North Green Street, McHenry, Illinois, to consider the creation of Special Service Area Number 1 of the City of McHenry, in the territory described in the Notice set forth in Section 4 hereof. At the hearing, there will be considered the borrowing of not to exceed $1,000,000.00 to be evidenced by the issuance of general obligation bonds, the proceeds of which shall be used to pay part of the cost of construction of municipal sanitary sewer main and water main facilities to said Special Service Area. Said bonds are to be retired over a period not to exceed ten (10) years and are to bear interest at a rate not to exceed the maximum rate of interest per annum that the City of McHenry is legally allowed to pay. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity. Said tax is to be levied upon all taxable real estate within the proposed Special Service Area and said tax shall be in addition to all other annual real estate taxes, provided by law and shall be levied pursuant to the provisions of the Revenue Act of 1939, as amended. 2 At the hearing there will also be considered the levy of a tax on all of the taxable real estate within the pro- posed Special Service Area hereinafter described. The max- imum number of years that said real estate taxes will be levied is ten (10) years. The maximum rate that said real estate taxes are to be extended in any year will not exceed that rate which will provide an amount of tax sufficient to produce revenues to pay the interest on such bonds as it falls due and to discharge the principal thereof at mat- urity. SECTION 4: Notice of Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in one or more newspapers in general circulation in the City of McHenry. In addition, notice by mailing shall be given by depositing said notice, in the U.S. mails, addressed to the person or person 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. Said Notice shall be 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 shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The Notice shall be in substantially the following form: NOTICE OF HEARING CITY OF McHENRY SPECIAL SERVICE AREA NUMBER ONE NOTICE IS HEREBY GIVEN that on April 26, 1982 at 8:00 o'clock P.M. in the Council Chambers of the Municipal Building, 1111 North Green Street, McHenry, Illinois, a hearing will be held by the Mayor and City Council of the City of McHenry to consider forming a special service area consisting of the following described territory: 3 The South 1767 feet of the North 1867 feet, as measured along the East line thereof, of the East 2251.31 feet, as measured along the North line thereof, of the Southeast 1/4 of Section 3, and that part of the North 1867 feet, measured along the West line thereof of the Southwest 1/4 of Section 2 lying South of the South line of land conveyed by Warranty Deed recorded April 2, 1928 as Document No. 131766, and lying Westerly of the center line of Illinois State Route 31 (excepting therefrom that part conveyed by Warranty Deeds recorded May 14, 1947 as Document No. 201251 and September 14, 1966 as Document No. 463620), all in Township 44 North, Range 8, East of the Third Principal Meridian, excepting from the aforedescribed tract of land, all that part described as follows: commencing at the Northeast corner of the Southeast 1/4 of said Section 3 (hereinafter referred to as Reference Point "A"), the North line of the Southeast 1/4 of said Section 3 having an assumed bearing of due East-West for this legal descrip- tion; thence South 00 Degrees 44 Minutes 48 Seconds West along the East line of the Southeast 1/4 of Section 3, 1070.93 feet to an intersection with a line 1070.84 feet, measured at right angles, South of and parallel with the North line of the Southeast 1/4 of said Section 3; thence North 90 degrees East along said last described parallel line, 45.27 feet to an intersection with a line 451.00 feet, measured at right angles, Northwesterly of and paral- lel with the center line of State Route 31 as shown on instrument recorded October 7, 1927, in Book 12 of Miscel- laneous Records, Page 167, in McHenry County, said intersection being the place of beginning of the land herein described thence South 19 degrees 11 minutes 12 seconds West along said last described parallel line, 349.41 feet to an intersection with a line 1400.84 feet, measured at right angles, South of and parallel with the North line of the Southeast 1/4 of Section 3, aforesaid; thence South 90 degrees West along said last described parallel line, 210.79 feet to a point 294.30 feet West and 1400.84 feet South of Reference Point "A", as measured along the North line of the Southeast 1/4 of said Section 3 and along a line at right angles thereto; thence South 00 degrees East, 160.0 feet to an intersection with a line 1560.84 feet, measured at right angles, South of and parallel with the North line of the Southeast 1/4 of said Section 3; thence South 90 degrees West along said last described parallel line, 480.00 feet; thence North 00 degrees East, 225.00 feet to an intersection with a line 1335.84 feet, measured at right angles, South of and parallel with the North line of the Southeast 1/4 of said Section 3; thence North 90 degrees East along said last described parallel line, 60.00 feet; thence North 00 degrees East, 205.00 feet to an intersection with a line 1130.84 feet, measured at right angles, South of and parallel with the North line of the Southeast 1/4 of said Section 3; thence South 90 degrees West along said last described parallel line 175.00 feet; thence North 00 .19 degrees East, 297.00 feet to a point 889.30 feet West and 833.84 feet South of Reference Point "A", as measured along the North line of the Southeast 1/4 of said Section 3 and along a line at right angles thereto; thence North 90 degrees East along a line parallel with the North line of the Southeast 1/4 of said Section 3, 433.00 feet to a point of curvature; thence Southeasterly along a curved line convex to the Northwest, having a radius of 872.94 feet and being tangent to said last described line at said last described point, an arc distance of 292.32 feet to a point of tangency (the chord of said arc bears South 80 degrees 24 minutes 24 seconds East, 290.96 feet); thence South 70 degrees 48 minutes 48 seconds East along a line tangent to said last described curved line at said last described point, 90.11 feet to a point 84.30 feet West and 911.95 feet South of Reference Point "A" as measured along the North line of the Southeast 1/4 of said Section 3 and along a line at right angles thereto; thence South 00 degrees East, 158.89 feet; thence North 90 degrees East along a line parallel with the North line of the Southeast 1/4 of said Section 3, 115.62 feet to the place of beginning in McHenry County, Illinois, containing 92.066 acres, more or less. The approximate location of said territory is the area located on the West side of Illinois State Route 31, South of Bull Valley Road and East of the Chicago and North- western Railway right-of-way and abuts partly on said Route 31 and partly on said Bull Valley Road. An accurate map of said territory is on file in the office of the City Clerk and available for public inspection. All interested persons affected by the formation of City of McHenry Special Service Area Number 1 will be given an opportunity to be heard regarding the formation of and the boundaries of the special service area and may object to the formation of the area, the issuance of bonds and the levy of taxes affecting said area. The purpose of the formation of City of McHenry Special Service Area Number 1 in general is to provide special municipal services to that area, specifically municipal sanitary sewer main and water main facilities. At the hearing, the following matters will also be considered: the issuance of general obligations, bonds, the proceeds of which shall be used to pay part of the cost of construction of municipal sanitary sewer main and water main facilities to the proposed Special Service Area, in an amount not to exceed $1,000,000.00 at an interest rate not to exceed the current maximum rate of interest that the 5 City of McHenry is legally allowed to pay, and to mature within ten (10) years and the levy of a direct tax to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity. Said tax is to be levied annually for a maximum of ten (10) years upon all taxable real estate within the proposed special service area in addition to all other real estate taxes provided by law. The maximum rate that said tax is to be extended in any year will not exceed that rate which will provide an amount of tax sufficient to produce revenue to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity. At the hearing, all persons affected by the formation of such special service area, including all persons owning taxable real estate therein, will be given an opportunity to be heard. The hearing may be adjourned by the City Council without further notice to another date without notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjourn- ment. If a petition signed by at least 51% of the electors residing within the special service area and by at least 51% of the owners of record of the land included within the boundaries of the special service area is filed with the municipal clerk within 60 days following the final adjourn- ment of the public hearing objecting to the creation of the secial service district, the enlargement thereof, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area, or to a proposed increase in the tax rate, no such district may be created or enlarged, or tax may be levied or imposed nor the rate increased, or no such bonds may be issued. Dated this ,5TNday of Apri 1 , 1982. Barbara Gilpin, City Clerk. SECTION 5: PUBLICATION. This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 6: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its adopted and approval as provided by law. C.1 PASSED this 5th day of April, 1982 pursuant to a roll call vote as follows: AYES: Pepping, Datz, Harker, Wieser, Smith, Meurer NAYS : None ABSTAINED: None ABSENT: Nolan, Serritella APPROVED this 5th day of April, 1982. ATTEST: CITY CLERK 7 MAYOR