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
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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
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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
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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
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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.
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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
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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.
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