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HomeMy WebLinkAboutOrdinances - O-84-342 - 07/16/1984 - ESTABLISH SSA #10-84-342 AN ORDINANCE AMENDING THE BOUNDARIES OF CITY OF MCHENRY SPECIAL SERVICE AREA NUMBER ONE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois as follows: SECTION 1: AUTHORITY. A. City of McHenry Special Service Area Number One was established by Ordinance No.0-82-288adopted June 7, 1982, pursuant to the provisions of Article VII, Section 7 of the Constitution of the State of Illinois and pursuant to: 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 municipal- ities and counties. (Public Act 78-901) (hereinafter referred to as the "Act".) B. Section 8 of the Act authorizes the enlargement of boundaries of a special service area. SECTION 2: FINDINGS. A. The question of the enlargement of the boundaries of City of McHenry Special Service Area One is considered by the City Council pursuant to a hearing held on July 16, 1984 by the City Council pursuant to Notice duly published in the McHenry Plain Dealer, June 25, 1984, a newspaper published in the City of McHenry, at least fifteen (15) days prior to the hearing and pursuant to Notice by mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each parcel of land lying within City of McHenry Special Service Area Number One and within the property proposed to be added to City of McHenry Service Area Number One. Said Notice was given by depositing said Notice in the United States mails 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 said Notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A Certificate of Publica- tion of said Notice and an Affidavit of mailing of said Notice are attached to this Ordinance as Exhibits 1 and 2, resnectively. Said Notices conformed in all respects to the requirements of Section 5 and Section 8 of the Act. B. That a public hearing on all the questions set forth in the Notice was held on July 16, 1984. All interested persons were given an opportunity to be heard on the question of enlargement of the boundaries of City of McHenry Special Service Area Number One. C. That Parcel A, legally described on the Legal Descrip- tion Rider attached hereto, is a contiguous area located within the City of McHenry and is contiguous to City of McHenry Special Service Area Number One. D. That Parcel A and Parcel B, each legally described on the Legal Description Rider attached hereto, each contains 44,550 square feet or 1.023 acres of land area. E. That after considering the data, as presented at the public hearing, the City Council finds that it is in the public interest and in the interest of the City of McHenry Special Service Area Number One that the boundaries therof be enlarged by the addition of Parcel A thereto; and that the boundaries thereof be further amended by the disconnection of Parcel B therefrom, provided that NIMED Corp. holds the City of McHenry harmless with respect to any costs and expenses (and including reasonable attorney's fees) incurred by the City of McHenry as the result of any claim, suit or other action brought against the City of McHenry challenging the disconnection of Parcel B. SECTION 3: ENLARGEMENT OF BOUNDARIES OF CITY OF MCHENRY SPECIAL SERVICE AREA NUMBER ONE. The boundaries of City of McHenry Special Service Area Number One are hereby enlarged to include the property legally described as Parcel A on the Legal Description Rider attached hereto. Parcel A shall be subject to all taxes levied in City of McHenry Special Service Area Number One and shall become additional security for bonded indebtedness outstanding at the time the property is added to the area. SECTION 4: DISCONNECTION OF PROPERTY FROM CITY OF MCHENRY SPECIAL SERVICE AREA NUMBER ONE. The property legally described as Parcel B on the Legal Description Rider attached hereto is hereby disconnected from City of McHenry Special Service Area Number One; provided that NIMED Corp., an Illinois not -for -profit corporation, agrees by written acceptance of this Ordinance to hold the City of McHenry harmless with respect to any claim, suit or other action brought against the City of McHenry challenging the disconnection of Parcel B. Parcel B shall cease to be subject to any taxes levied under the Act with respect to City of McHenry Special Service Area Number One and shall not be security for any future bonded indebtedness. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect sixty (60) days after its passage and approval according to law, provided that no petition is filed within such sixty days pursuant to Section 9 of the Act objecting to the enlargement of the boundaries of City of McHenry Special Service Area Number One. SECTION 6: SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more be declared unconstitutional, invalid or ineffective. Nothwithstanding the foregoing, if the disconnection of Parcel B from Special Service Area No. 1 is declared unconstitutional or invalid by a court of competent jurisdiction or declared invalid by the appropriate authorities, this entire ordinance shall be null and void ab initio. PASSED this 16th day of July, 1984. AYES: Bolger, Busse, McClatchey, Nolan, Serritella, Smith, Snell, NAYS : None ABSTAINED: None ABSENT: Datz Approved this 16th day of July, 1984. F-It W�-� �ma ATTEST: �i/ r/.L.� �- /Ar ACCEPTANCE NIMED Corp. hereby accepts and agrees to the provisions of the foregoing Ordinance this30thday of July, 1984. NIMED Corp., an Illinois not -for -profits Doration By: Attest: - �'�/:r )!j- CML(I 8507-9182 publisher's name cer{IUl Let L70.1 9 biisher o_f McH ry Pl a_.i nd e l pr r newspaper's name do hereby ;, pc, MIcHENRY a �� wpP.kl �( secular newspaper of ggneral circulation weeklyitrl weekly,dally within the county(s) of Mt-Hpnrar counties covered regularly published In the city of McHpnry In the county of Mingenry and state of Illinois, and which has been so published for more than 12 months Prior to the first publication of hereunto annexed notice or advertisement, relating to the matter of Special Service Area No 1 was published in said newspaper times, being 1 consecutive week dsys/weeks commencing June 29 A D. 19 84 dell and ending date A.D. 19 which were the dates of first and last insertions. I further certify that said newspaper Is a newspaper as defined by the terms and conditions of Chapter 100. paragraph 1 et. seq., Illinois Revised Statutes 1981. Given under my hand at McHenry Illinois city June 29 A.D 19 84 date s- t ti f1 AGA E x H 113 IT I publisher aptice 1 ' NOTICE bpi HEARINGS ,,6�;, CITY OF tV a McHFNRY ' SPECIAL SERVICE' NOTICE a -IS" HEREBY GIVEN that..on July_ 16, '1984, at; 8:00' p m., in' the council 'Chambers qf, the Municipal ,Building, 1111 North •r,Gr�een StGeet, McHenry; Illinois, the AMyyor end ICiitty Council of thea,City.-;of' AAcHenryl,tO consider" enlargement, 10 the - boundaries of City of McHenry.. Special Service Area No. 1 established by Ordinance No. 0-82.286, to include � the following described territory: ' j That . Part . of the Southeast =V, of Section 3, Township 4t North, Range 9,if— s . 4 the Third Princlpa�A' Meridian,, es bed as .follp irs`_ �i+easasrt+r'"bf`" the Souiheast,�/•of said Section' 3; Thence' South 90 degrees minutes o0 seconds West Soutaimgheasl the N /n th739.30feeline 01 said t thence South 00 degrees'M '-, t at Right�angl00 eto snds aid last descr abed liner 833.84 feet to a Point"' for a 'place ` of beginning; thence South 00 s conds West m297.0 feet; �. thence South 90 degrees 00 minutes oo seconds West, 150.0 feet; thence North 00 mas MO." — . __. nt 869.30feet West and 84 - fed .South - of the rtheast' corner of the jtheast 1/4 of said Section as measured along the On tine pf the Southeast Of said gectlon 9,ands ing a Tine at rl, t n ies,. ?fet0; th h�p grees 00' inutest`� rraallel wittht, altothe North Ilse 'the Southeast f Said' Ictjor, 3, -350.0 faet'fo',the ace of beginning­� n M& special service including _all• pe ^11s+mtaefing ;�theiml - �t, `11xing'1hatime0%place of V1}j'edjournment: LL leas;�� it ce t"', of'signed the piatecfors'residi within the, �- property°dascr bed above' end by oft s1 percenf of Me 01Mtf;r9 Of record of the' property described above Is filed � t k t 0,t municipal Clerkk t 4vi jn � .60 ,days ,, i -folio lhg`� ?tlte+ ", final adjournMent:of,th8 public -hearing�ob edling 1jo•;the- �enlarppemeg ;,�o ,Kthe boundarjes''of ,,the �;bpecial service rarea,rthe�6pecial servlce`f areas shall! t a be enlarged,,, av Dated thisl25th,.0ay:of Junei,1964. , ' ��� Barbara E. Gilpin' City Clerk yy '-of MtHenryitlI ( Pub. 6.29-84) hln GAn'ld,t STATE OF ILLINOIS) ) SS COUNTY OF MCHENRY) AFFIDAVIT OF MAILING Robert J. Best, being first duly sworn, on oath states as follows: 1. That he is an attorney representing NIMED Corn., on Illinois not -for -profit corporation. 2. That the owners of record of the properties located in City of McHenry Special Service Area Number One and of the property proposed to be added to City of McHenry Special Service Area Number One are as follows: NIMED Corp. 4201 Medical Center Drive McHenry, IL 60050 Northern Illinois Medical Center 4201 Medical Center Drive McHenry, IL 60050 3. That he mailed a copy of the "Notice of Hearing -- City of McHenry Special Service Area No. 1" attached hereto as Exhibit A to each of the foregoing owners of record on July 3, 1984, by depositing the same in the United States mail at 69 West Washington Street, Chicago, Illinois. 4. That he makes this affidavit to satisfy the notice by mailing requirement of Ill. Rev. Stat., Ch. 120, §1308 relat- ing to enlargement of special service area boundaries. Robert J. Best / ,- ( - Subscribed and sworn before me this r-! day of 1(184. Notary Public NOTICE OF HEARING CITY OF MCHENRY SPECIAL SERVICE AREA NO. 1 NOTICE IS HEREBY GIVEN that on July 16, 1984, at 8:00 p.m.' in the Council Chambers of the Municipal Building, 1111 North Green Street, McHenry, Illinois, the hearing will be held by the Mayor and City Council of the City of McHenry to consider enlarge- ment of the boundaries of City of McHenry Special Service Area No. 1 established by Ordinance No. 0-82-288, to include the follow- ing described territory: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 3, 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; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, 739.30 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DES- CRIBED LINE, 833.84 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 297.0 FEET; THENCE SOUTH 90 DECREES 00 MINUTES 00 SECONDS WEST, 150.0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 297.0 FEET TO A POINT 889.30 FEET WEST AND 833.84 FEET SOUTH OF THE NORTH- EAST CORNER OF THE SOUTHEAST 1/4 OF SAID SEC- TION 3, 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 00 MINUTES 00 SECONDS EAST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SOUTH- EAST 1/4 OF SAID.SECTION 3, 150.0 FEET TO THE TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. At the hearing, all persons affected by the proposed enlarge- ment 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 adjournment. If a petition signed by at least 51% of the electors residing within the property described above and by at�n51% of the owners of record of the property described above is filed with the Municipal Clerk within 60 days following the .final adjournment of the public hearing objecting to the enlargement of the boundaries of the special service area, the special service area shall not be enlarged. Dated this 25th day of June, 1984. Barbara �.Glpin, ty Clerk of the City of McHenry, IL -2- LEGAL DESCRIPTION RIDER PARCEL "A" THAT PART OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 3, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, 739.30 FEET; THENCE SOUTH 00. DEGREES 00 MINUTES 00 SECONDS -WEST AT RIGHT ANGLES TO SAID. LAST DESCRIBED LINE, 833.84 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 297.0 FEET; If is 90 " 00 " 00 If " 150.0 of is NORTH 00 " 00 of 00 It EAST, 297.0 if TO A POINT 889.30 FEET WEST AND 833.84 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3,�AS MEASURED ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31AND ALONG A LINE AT RIGHT ANGLES THERETO; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SOUTH- EAST 1/4 OF SAID SECTION 3, 150.0 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL "B" 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 NORTH- EAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3 (THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3 HAVING AN ASSUMED BEARING OF DUE EAST -'NEST FOR THIS LEGAL DESCRIPTION); THENCE SOUTH 00 DEGREES 44 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3; 937.11 FEET; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST, 60.09 FEET TO A POINT OF CURVATURE; THENCE SOUTH- EASTERLY 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 WITH A LINE 451.0 FEET, AS MEASURED AT RIGHT ANGLES, NORTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE OF STATE - ROUTE 31 AS SdOWN ON INSTRUMENT RECORDED OCTOBER 7, 1927, IN BOOK 12 OF MISCELLANEOUS RECORDS, IN MCHENRY COUNTY; THENCE SOUTH 19 DEGREES 11 MINUTES 12 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 455.19 FEET TO AN INTERSECTION WITH A LINE 1,418.51 FEET, AS MEA�UrED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 3, AFORESAID, SAID POINT BEING THE PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 164.86 FEET TO AN INTERSECTION WITH A LINE 1,583.37 FEET, AS 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 00 MINUTES 00 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 634.64 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 22.53 FEET; of " 90 " 00 If 00 " " 480.0 " to to . 00 it00 of00 " If, 142.33 " TO AN INTERSECTION WITH A LINE 1,418.51 FEET, AS MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID S-ELTION 3; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 204.64 FEET TO THE PLACE OF BEGINNING. IN MCHENRY COUNTY. ILLINOIS.