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HomeMy WebLinkAboutOrdinances - O-99-942 - 12/13/1999 - ESTABLISH SSA 1A SHAMROCK LANE RTE 31 IMPROVEMENTSORDINANCE NO. 0-99-942 AN ORDINANCE establishing Special Service Area Number 1 A of the City of McHenry, McHenry County, Illinois. WHEREAS pursuant to Section 7(7) of Article VII of the Constitution of the State of Illinois (the "Constitution"), the City of McHenry, McHenry County, Illinois (the "City") is authorized to create special service areas in and for the City; and WHEREAS special service areas are established by non -home rule units pursuant to Section 7(7) of Article VII of the Constitution, which provides: Counties and municipalities which are not home rule units shall have only powers granted to them by law and the powers ... 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 as required "in the manner provided by law" pursuant to the provisions of the Special Service Area Tax Law, as amended (the "Act"), and pursuant to the provisions of the Property Tax Code, as amended; and WHEREAS it is in the public interest that the area hereinafter described be established as Special Service Area Number I of the City for the purpose set forth herein (the "Area"); and WHEREAS the Area is contiguous and consists entirely of territory within the corporate limits of the City, except for a certain number of parcels outside the corporate limits, and located within The County of McHenry, Illinois; and and WHEREAS the County of McHenry, Illinois, has consented to the creation of the Area; WHEREAS the creation of a special service area has not been proposed in the territory hereinafter described during the two (2) years preceding the adoption of this ordinance; and WHEREAS the Area will benefit specially from the municipal services to be provided, namely, the construction of certain road improvements and a new traffic signal on State Route 31 at Shamrock Lane (the "Services"), and the Services are unique and in addition to municipal services provided to the City as a whole and it is, therefore, in the best. interests of the City that the Area be established; and WHEREAS it has heretofore been and it is hereby estimated that the cost of providing the Services will not be more than $800,000; and WHEREAS the establishment of the Area was proposed by the City Council of the City (the "City Council") pursuant to Ordinance No. 0-99-909, entitled: AN ORDINANCE proposing the establishment of Special Service Area Number IA of the City of McHenry, McHenry County, Illinois, and the issuance of bonds in an amount not to exceed $800,000 for the purpose of paying the cost of providing special services in and for such Area duly adopted on the 19th day of May, 1999, and was considered at a public hearing (the "Hearing") held on the 14th day of June 1999, by the City Council; and WHEREAS notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Northwest Herald, the same having a general circulation within the City; and WHEREAS mailed notice of the Hearing was given by depositing 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 the Area riot less than ten (10) days prior to the time set for the Hearing, and in the event taxes for the last preceding year were not paid, the notice was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and -2- WHEREAS said notice complied with all of the applicable provisions and requirements of the Act; and WHEREAS all interested persons affected by the establishment of the Area or the issuance of bonds to pay for the Services and the levy of the tax to pay such bands, including all owners of real estate located within the Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Area and the issuance of such bonds and the levy of said tax and an opportunity to file objections to the establishment of the Area or the issuance of such bonds and the levy of said tax; and WHEREAS at the Hearing, all interested persons affected by the Area were permitted to file with the City Clerk written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS it is in the public interest that bonds (the "Bonds ") in an amount not to exceed $800,000 bearing interest at a rate or rates not exceeding 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 secured by the full faith and credit of the Area be issued for the purpose of paying the cost of providing the Services; and WHEREAS the Bonds shall be retired by the levy of a direct annual tax sufficient to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity; and WHEREAS said direct annual tax shall be levied upon all taxable property within the Area for a period of not to exceed 20 years and shall be unlimited as to rate or amount and in addition to all other taxes permitted by law; and -3- WHEREAS the City Council has determined and does hereby determine that it is in the public interest and in the interest of the City and the Area that the Area be established; Now, THEREFORE, Be It Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Section 1. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. The Hearing was finally adjourned on the 14th day of June 1999. Section 3. No petition signed by at least 51 % of the electors residing within the: Area and by at least 51 % of the owners of record of land included within the boundaries of the Area was filed with the City Clerk of the City within 60 days of the final adjournment of the Hearing objecting to the creation of the Area, the levy or imposition of a tax or the issuance of the Bonds for the provision of Services to the Area. Section 4. Special Service Area Number 1 A of the City is hereby established in and for the City and shall consist of the following described territory: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREWITH The Area is roughly bounded by Ridgeview Drive on the west; Hillside Subdivision on the east; Bull Valley Road on the north; and Prime Parkway on the south. An accurate map of the Area is attached hereto as Exhibit B and made a part hereof. Section 5. The purpose of the establishment as of the Area is to provide the Services to the Area, all of the Services to be beneficial to the Area and all of the Services to be located on property now owned or to be acquired by the City, or property in which the City will obtain an interest sufficient for the provision of the Services. ME Section 6. The Bonds in amount not to exceed $800,000 and secured by the full faith and credit of the Area are authorized to pay the cost of providing the Services. The Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear at an interest rate or rates not exceeding the greater of 9% per annum or 125QIo 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 Bonds Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds shall be retired by the levy of a direct annual tax sufficient on all property subject to taxation for the Services located within the Area to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity. Said direct annual tax shall be levied upon all taxable property within the Area for the entire period that the Bonds (or bonds to refund Bonds) shall be outstanding and shall be unlimited as to rate or amount and in addition to other taxes permitted by law. Section 7. The City Clerk is hereby directed to file a certified copy of this ordinance creating the Area, including an accurate map thereof, with the County Clerk and County Recorder of The County of McHenry forthwith after the adoption and approval of this ordinance. -5- Section 8. Superseder and Effective Date. All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby superseded, and this ordinance be in full force and effect forthwith upon its adoption and approval. AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD. NAYS: NONE. BAIRD. ABSENT: ADOPTED: December 13, 1999 Attest: City Clerk, City McHenry McHenry County, Illinois APPROVED: December 13, 1999 Mayor, City of McHenry McHenry County, Illinois rev EXHIBIT A THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2 AND THE SOUTHEAST QUARTER OF SECTION 3 AND THE NORTHEAST QUARTER OF SECTION 1 OAND THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF BULL VALLEY ROAD AND THE EAST LINE OF SAID SECTION 3. THENCE SOUTH ALONG SAID EAST LINE OF SAID SECTION 3„ BEING ALSO THE WEST LINE OF SAID SECTION 2, TO THE INTERSECTION WITH THE SOUTHERLY LINE OF NELSONS SUBDMSION, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1986, AS DOCUMENT NO. 934239; Ti-IENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID NELSONS SUBDIVISION AND THE EASTERLY EXTENSION OF SAID SOUTHERLY LINE, TO THE INTERSECTION WITH THE EASTERLY LINE OF ILLINOIS STATE ROUTE 31 : THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID ILLINOIS STATE ROUTE 31 TO THE NORTHWESTERLY CORNER OF LOT I IN SMITH FIRST ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 16, 1973, AS DOCUMENT NO. 596905; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, TO AN ANGLE POINT IN SAID NORTHERLY LINE OF SAID LOT 1; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT 1, TO THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID LOT 1 TO THE SOUTHERLY LINE OF SAID SMITH FIRST ADDTION; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SMITH FIRST ADDITION, TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER QUARTER. OF SAID SECTION 2; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID SECTION 2, BEING ALSO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE SOUTH ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 11. A DISTANCE 596.50 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SECTION 11, A DISTANCE OF 740.0 FEET; THENCE SOUTH PARALLEL WITH THE EAST LM OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 11, TO THE NORTH LINE OF TONYANS INDUSTRIAL PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 13, 1977 AS DOCUMENT NO. 691537; THENCE WEST ALONG THE NORTH LINE OF SAID TONYANS INDUSTRIAL PARK, UNIT 1, TO THE NORTHEAST CORNER OF LOT 1 IN SAID TONYANS INDUSTRIAL PARK; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT 1, TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY' TO THE NORTHEASTERLY CORNER OF LOT 19IN SAID TONYAN'S INDUSTRIAL PARK, THENCE SOUTHWESTERLY ALONG THE EASTERLY OF SAID LOT 19 AND THE EASTERLY LINE OF LOT 20 IN SAID TONYANS INDUSTRIAL PARK, TO THE SOUTHEASTERLY CORNER OF SAID LOT 20; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 20 AND THE NORTHWESTERLY EXTENSION THEREOF, TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE 31; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID ILLINOIS STATE ROUTE 31 TO THE INTERSECTION WITH THE SOUTHERLY LINE OF MCHENRY CORPORATE CENTER UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1994 AS DOCUMENT NO. 94R045165, EXTENDED EASTERLY; THENCE WESTERLY TO THE MOST SOUTHEASTERLY CORNER OF LOT63 IN SAID MCHENRY CORPORATE CENTER UNIT 3; THENCE NORTHWESTERLY ALONG A NORTHEASTERLY LINE OF SAID LOT 63, A DISTANCE OF 350 FEET; THENCE NORTHERLY ALONG AN EASTERLY LINE OF SAID LOT 63, A DISTANCE OF 100 FEET; THENCE NORTHEASTERLY ALONG AN EASTERLY LINE OF SAID LOT 63, A DISTANCE OF 457.1 FEET; THENCE NORTHM4'ESTERLY ALONG A NORTHEASTERLY LINE OF SAID LOT 63 TO THE INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10 THE INTERSECTION WITH TIM SOUTHWESTERLY LINE OF LOT 2 IN MCHENRY CORPORATE CENTER UNIT 4, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 30, 1996 AS DOCUMENT NO. 96R00500; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 2 AND ALONG THE NORTHWESTERLY EXTENSION OF SAID LOT 2 TO THE INTERSECTION WITH A LINE DRAWN 100 FEET NORTHWESTERLY FROM AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 2; THENCE 'NORTHEASTERLY ALONG THE LAST DESCRIBED PARALLEL LINE, TO THE INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10 TO THE NORTH LINE OF SAID SECTION 10, BEING ALSO THE SOUTH L INE OF SAID SECTION 3; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 3, TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 2251 31 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH ALONG THE WEST LINE OF THE EAST 2251.31 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 3, TO THE SOUTHERLY LINE OF SAID BULL VALLEY ROAD; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BULL VALLEY ROAD, TO THE POINT OF BEGINNING