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HomeMy WebLinkAboutOrdinances - O-82-293 - 08/16/1982 - PROPOSING ENLARGEMENT OF SSA #1 AND ESTABLISH PUBLRECEIVED AUG 1 31982 ORDINANCE NO. 0-82-293 CIA DE McHENBY AN ORDINANCE proposing the enlargement of Special Service Area Number One in the City of McHenry and providing for a public hearing and other procedures in connection therewith. WHEREAS, on June 7, 1982, the City Council of the City of Mc}:enry adopted Ordinance No. 0-82-288 providing for the establishment of Special Service Area Number One of the City of McHenry; and WHEREAS, more than 60 days have now passed since the final adjournment of the public hearing at which the establishment of Special Service Area Number One was considered and no petition has been filed objecting to the establishment of said Special Service Area; and WHEREAS, the City Council has determined that it is necessar. and in the best interests of the City of McHenry and of said Special Service Area Number One that additional property be included within ,paid Special Service Area; NOW, THEREFORE, Be It Ordained by the City Council of th._. City of 14cHenry, McHenry County, Illinois as follows: Section 1. Authority. Section R of "AN ACT to provide the manner of levying er imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties", approved September 21, 1973, as amended, (the "Act") provides that the boundaries of a Special Service Area may be enlarged after hearing and notice as provided in Sections 5 and 6 of said Act, said notice to be served in the MAP 'S ATTACHED TO ORIGINAL original area of the Special Service Area and in any areas proposed to be added to the Special Service Area. Section 2. Findings. This City Council finds: A. It is in the public interest that Special Service Area Number One of the City of McHenry be enlarged by the addition of the area hereinafter described in Exhibit A hereto. B. That following its enlargement by the addition of the area hereinafter described in Exhibit A hereto, Special Service Area Number One shall be a compact and contiguous area within the City of McHenry. Section 3. Public Hearing - Enlargement of Special Service Area Number One - Issuance of Bonds. That a public hearing shall be held on the 2nd day of September � 1982, in the Council Chambers of the Municipal Building, 1111 North Green Street, McHenry County, Illinois, to consider the enlargement of Special Service Area Number One of the City of McHenry (the "Special Service Area") by the addition of the territory described in Exhibit A hereto. At the hearing there will also be considered the borrowing of not to exceed $1,000,000 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 as enlarged by the addition of the property described in Exhibit A hereto. Said bonds are to be retired over a period not to exceed fifteen (15) years and are to bear interest at a rate nr -2- rates not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of such bonds. 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 property within said Special Service Area Number One as enlarged by the addition of the property described in Exhibit A hereto. 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 United States mails 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 said Special Service Area Number One as it now exists and lying within the area proposed to be added to said Special Service Area as such property is described in Exhibit A hereto. 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 -3- A as the owner of said property. The notice shall be in substantially the following form: NOTICE OF HEARING ENLARGEMENT OF CITY OF McHENRY SPECIAL SERVICE AREA NUMBER ONE AND ISSUANCE OF BONDS. Notice is hereby given that on September 2 Y 1982 at 8:00 p.m., in the Council Chambers of the Municipal Building, 1111 North Green Street, McHenry County, Illinois, a hearing will be held by the City Council of the City of McHenry to consider the enlargement of Special Service Area Number One of the City of McHenry by the addition of the property described in Exhibit A attached hereto (which said Exhibit A is incorporated herein by reference to the same effect as if set forth herein in its entirety). The approximate location of said property which is proposed to be added to Special Service Area Number One is an approximately 16.5 acre parcel located within the area located on the West side of Illinois State Route 31, South of Bull Valley Road and East of the Chicago and Northwestern Railway right-of-way and abuts partly on said Route 31 and partly on said Bull Valley Road. An accurate map of said property which is proposed to be added to Special Service Area Number One is on file in the office of the City Clerk and available -for public inspection. The purpose of Special Service Area Number One in general is to provide special municipal services to that area, including the area which is proposed to be added to said Special Service FA -4- A Area Number One, specifically municipal sanitary sewer main and water main facilities. The issuance of general obligation -bonds in an amount not to exceed $1,000,000 at an interest rate or rates of not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds and to mature within fifteen (15) years, will be considered at the hearing. 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 to be levied upon all taxable property within Special Service Area Number One, as enlarged by the addition of the property described on Exhibit A hereto. All interested persons, including all persons owning taxable real property located within Special Service Area Number One or located within the area which is proposed to be added to Special Service Area Number One as described in Exhibit A hereto, will be given an opportunity to be heard at the hearing regarding the enlargement of Special Service Area Number One and the issuance of such bonds and an opportunity to file objections to such enlargement and to the issuance of such bonds and to the levy of taxes affecting said area. The hearing may be adjourned by the City Council to another date without further notice other than Ws a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. 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 City Clerk within 60 days following the final adjournment of the public hearing objecting to the enlargement of Special Service Area Number One, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area, no such district may be enlarged or tax may be levied or imposed or no such bonds may be issued. Tip Dated this /3 day of AUG VSn 1982. Section 5. Publication. /s/ Barbara Gilpin City Clerk i This ordinance shall be published in pamphlet form by and under the authority of the City Council of the City of McHenry, McHenry County, Illinois. Section 6. Effective Date. This ordinance shall be in full force and effect from and after its adoption and approval as provided by law. Passed this day- of A V Gy ST , 1982 pursuant to a roll call as follows: AYES: fr-PPiwG ,_/)CLAN, 9 4RICE49 NAYS: W F-I SEP- M EtIR E le ABSTAINED: NOMF_ ABSENT: /)ONE Approved this �� day of uG O 1'T , 1982. Mayor City Clerk -7- EXHIBIT A PARCEL 1 THAT PART OF THE SOUTHEAST 1/4 OF SECTION 3 AND THE SOUTHWEST 1/4 OF SECTION 2, ALL IN TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN 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 ASSU14ED BEARING OF DUE EAST -WEST FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 00 DEGREES 44 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 3, 937.11 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST 60.09 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE A SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT ON A LINE 451.00 FEET, MEASURED AT RIGHT ANGLES, NORTHWESTERLY OF AND PARALLEL WI THE CENTER LINE OF STATE ROUTE 31 AS SHOWN ON INSTRUMENT RECORDED OCTOBER 7 1927, IN BOOK 12 OF MISCELLANEOUS RECORDS, PAGE 167, IN MC HENRY COUNTY, SAID POINT ALSO BEING THE POINT OF TANGENCY FOR SAID LAST DESCRIBED CURVED LINE; THENCE SOUTH 19 DEGREES 11 MINUTES 12 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 455.19 FEET TO AN INTERSECTION WITH A LINE 1418.51 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, 204.64 FEET TO A POINT 294.30 FEET WEST AND 1418.51 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 P.?' ANGLES THERETO; THEI4CE SOUTH 00 DEGREES EAST, 142.33 FEET TO AN INTERSECTIO 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 9C 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 DEGREES EAST, 297.00 FEET TO A -.P-OINT 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 NORTHEAST, 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 AL014G A LINE TANGENT TO SAID LAST DESCRIES CURVED LINE AT SAID LAST DESCRIBED POINT,- 166.44 -FEET TO THE PLACE OF BEGINNING, IN MC HENRY COUNTY, ILLINOIS. -1- PARCEL 2 THAT'PART OF THE SOUTHEAST 1/4 OF SECTION 3 AND THE SOUTHWEST 1/4 OF SECTION 2, ALL IN TOWNSHIP 44 NORTH, RANGE 8, EAAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3 (HEREINAFTER REFERED 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 DESCRIPTION; THENCE SOUTH 00 DEGREES 44 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 3, 857.00 FEET TO A POINT FOR A PLACE OF BE- GINNING; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST, 496.42 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX TO THE SOUTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY, SAID POINT OF TANGENCY BEING ON THE NORTHWESTERLY LINE OF STATE ROUTE 31 AS ACQUIRED BY INSTRUMENT RECORDED OCTOBER 7, 1927, IN BOOK 12 OF MISCELLANEOUS RECORDS, PAGE 167, 111 MC HENRY COUNTY; THENCE SOUTH 19 DEGREES 11 MINUTES 12 SECONDS WEST ALONG SAID LAST DESCRIBED NORTHWESTERLY LINE, 126.00 FEET-; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO A SOUTHWESTERLY EXTENSION OF SAID LAST DESCRIBED NORTHWESTERLY LINE, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 70 DEGREES 48 MINUTES 48 SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 285.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTH- WEST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT ON A LINE 335.0 FEET, MEASURED AT RIGHT ANGLES, NORTHWESTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF STATE ROUTE 31, AFORESAID, SAID POINT ALSO BEING THE POINT OF TANGENCY FOR SAID LAST DESCRIBED CURVED LINE; THENCE SOUTH 19 DECREES 11 MINUTES 12 SECOIiDS WEST ALONG SAID LAST DESCRIBED PARALLEL AND TANGENT LINE, 455.19 FEET; THENCE NORTH 70 DEGREES 48 MINUTES 48 SECONDS WEST 76.00 FEET TO A POINT 89.66 FEET WEST AND 1418.5T FEET SOUTH OF REFERENCE POINT "A", AS MEASURED ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 3, AFORESAID, AND ALONG A LINE AT RIGHT ANGLES THERETO, SAID POINT ALSO BEING ON A LINE 411.0 FEET, MEASURED AT RIGHT ANGLES, NORTHWESTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF STATE ROUTE 31, AFORESAID; THENCE_ NORTH 19 DEGREES 11 MINUTES 12 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 455.19 FEET TO A POINT OF CURVATURE; -THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 70 DEGREES 48 MI14UTES 48 SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 226.53 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTH- EAST, 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 ON A LINE 833.84 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 3, AFORESAID, SAID POINT ALSO BEING THE POINT OF TANGENCY FOR SAID LAST DESCRIBED CURVED LINE; THENCESOUTH 90 DEGREES WEST ALONG SAID LAST DESCRIBED PARALLEL AND TANGENT LINE, 493.00 FEET TO A POINT 949.30 FEET WEST AND 833.84 FEET SOUTH OF REFERENCE POINT"A", AS MEASURED ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 3, AFORE- SAID, AND ALONG A LINE AT RIGHT ANGLES THERETO; THENCE NORTH 00 DEGREES EAST, 76.00 FEET; THENCE NORTH 90 DEGREES EAST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST 1/4, 367.00 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX TO THE SOUTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 00 DEGREES EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 607.85 FEET TO A POINT OF CURVATUREi -2- THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC' DISTANCE OF 39.27 FEET TO A POINT ON A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, SAID TANGENT LINE BEING THE SOUTHERLY LINE OF BULL VALLEY ROAD ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 30, 1973 AS DOCUMENT NUM- BER 607447; THENCE NORTH 90 DEGREES EAST ALONG SAID LAST DESCRIBED SOUTH- ERLY LINE, 126.00 FEET; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTHWEST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO THE SOUTHERLY LINE OF SAID BULL VALLEY ROAD, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 607.85 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX TO THE SOUTHWEST, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 948.94 FEET AND BEING TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIB- ED POINT, AN ARC DISTANCE OF 317.78 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 141.11 FEET TO THE PLACE OF BEGINNING, IN MC HENRY COUNTY, ILLINOIS. - 3-