HomeMy WebLinkAboutOrdinances - ORD-02-1060 - 01/21/2002 - PROPOSE ESTABLISH SSA #2 rIVERSIDE HOLLOWORDINANCE ORD-02-1060
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A BACKUP
SPECIAL SERVICE AREA IN THE CITY OF McHENRY, McHENRY COUNTY,
ILLINOIS, AND THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE
COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA IF
THE HOMEOWNERS' ASSOCIATION FAILS TO PROVIDE SAID SERVICES
WHEREAS, special service areas are established pursuant to Part (6) of
Section 7 of Article VII of the 1970 Constitution of the State of Illinois, which
provides:
'Counties and municipalities which are not home rule units shall
have only powers granted to them by law and the powers ... (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
WHEREAS, special service areas are established pursuant to the
provisions of the "Special Service Area Tax Law," 35 ILCS 200/27-35, as
amended, and pursuant to the Revenue Act of 1939 of the State of Illinois, as
amended; and
WHEREAS, it is in the public interest that the establishment of the area
hereinafter described as a backup special service area for the purpose set forth
herein be considered (the "Area"), and
WHEREAS, the Area is compact and contiguous and is totally within the
corporate limits of the City of McHenry, McHenry County, Illinois (the "City"), and
WHEREAS, Kennedy Homes Limited Partnership, an Illinois Limited
Partnership (the "Developer") will develop land, called Riverside Hollow
Subdivision, which has been annexed to the City, which said subdivision is
located:
East of Riverside Drive to a point 94.13 feet North of Route 201,
East to Marietta Estates, South along the Orchard Beach
Subdivision to Orchard Beach Avenue and West to Riverside Drive;
and
WHEREAS, the property is legally described as in Exhibit A attached
hereto and incorporated by reference; and
1
WHEREAS, the Developer will develop single family homes, open space
on Lots 96 and the Outlot north of Route 201, landscaping and other amenities
as set forth in the Annexation Agreement and the Declaration of Covenants,
Conditions, Easements and Restrictions for Riverside Hollow Homeowners
Association ("Declaration"); and
WHEREAS, the Declaration establishes that the Homeowners' Association
("Association") is responsible for the cost and expense of maintaining the
Common Areas, including lots 96 and the Outlot north of Route 201 in the plat of
subdivision, the Fence on the eastern lot line of the property, and the
Landscaping in accordance with the Landscaping Plan; and
WHEREAS, the future costs of maintenance of the Common Areas,
including lots 96 and the Outlot north of Route 201 in the plat of subdivision, the
Fence on the eastern lot line of the property, and the Landscaping in accordance
with the Landscaping Plan are special services which may lawfully be paid from
additional taxes upon the Area; and
WHEREAS, the City intends that said Common areas, including lots 96
and the Outlot north of Route 201 in the plat of subdivision, the Fence on the
eastern lot line of the property, and the Landscaping shall be maintained in good
working order and in accordance with the Landscaping Plan, subject to the
availability of sufficient funds from the Taxes (as hereinafter defined); and
WHEREAS, the City intends that a portion of the Taxes (as hereinafter
defined) be set aside as a reserve fund as a backup method of financing for the
purpose of renewing, replacing, rehabilitating, reconfiguring and improving the
Common Areas, including lots 96 and the Outlot north of Route 201 in the plat of
subdivision, the Fence on the eastern lot line of the property and the
Landscaping in accordance with the Landscaping Plan in the event that the
Association fails to maintain said areas; and
WHEREAS, the Area will benefit specially from the municipal services to
be provided (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 establishment of the Area be considered; and
WHEREAS, it is hereby estimated that the cost of providing the Services
will be not less that $5,000.00 per year, and
WHEREAS, it is in the public interest that taxes be levied by the City at a
rate of amount of tax sufficient to provide revenues required for the purpose of
paying the cost of providing the Services (the "Taxes"), and
2
WHEREAS, an annual tax shall be levied upon all taxable property within
the Area from time to time, as determined by the Mayor and City Council, in an
amount not to exceed 0.85% of the value as equalized or assessed by the
Department of Revenue of all taxable property in the Area, in addition to all other
taxes permitted by law,
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS
FOLLOWS:
Section 1. That the preambles of this Ordinance are hereby
incorporated into this text as if set out herein in full.
Section 2. That a public hearing shall be held at 7: 30 o'clock P.M., on
the 18th day of February , 2002, at the City Hall, McHenry , Illinois,
(the "Hearing"), to consider the establishment of the Area in the territory and for
the purpose of providing the Services described in the Notice of Public Hearing
set forth in Section 4 hereof (the "Notice") and to consider the tax levy described
in the Notice.
Section 3. That notice of the Hearing shall be given by publication and
mailing. Notice by publication shall be given by publication at least once not less
than fifteen (15) days prior to the Hearing on February 18 , 2002, in the
Northwest Heraa dhe same being a newspaper of general circulation within the
Village. Notice by mailing shall be given by depositing the 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. The Notice shall be mailed not less than ten (10) days
prior to the time set for the 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 said property.
3
Section 4. That the Notice shall be substantially in the following form:
NOTICE OF PUBLIC HEARING
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA NUMBER
NOTICE IS HEREBY GIVEN that on February 18, 2002, at 7 a 3n_
o'clock P.M. at the City Hall, McHenry , Illinois 60050 , a
hearing will be held by the Mayor and City Council of the City of McHenry,
McHenry County, Illinois, to consider the establishment of Special Service Area
Number 2 of said City consisting of the territory legally described in Exhibit
A.
The Area is the above described real estate, which is generally located
East of Riverside Drive to a point 94.13 feet North of Route 201, East to Marietta
Estates, South along the Orchard Beach Subdivision to Orchard Beach Avenue
and West to Riverside Drive.
An accurate map of said territory is on file in the office of the City Clerk of
said City and is available for public inspection.
The purpose of the establishment of said Special Service Area Number
2 is to provide a backup method of financing special municipal services to
said Special Service Area, including all costs of operation, upkeep, maintenance,
repair, replacement, alteration, safekeeping and improvement Common Areas,
including lots 96 and the Outlot north of Route 201 in the plat of subdivision, the
Fence on the eastern lot line of the property, and the Landscaping in accordance
with the Landscaping Plan in the event the Association fails to maintain said
areas. All of said services to be in and for said Backup Special Service Area.
At the hearing, there will be considered the levy from time to time, as
determined by the Mayor and City Council of an annual tax for providing such
special services in Special Service Area Number 2 , in an amount not to
exceed 0.085% of the value as equalized or assessed by the Department of
Revenue of all taxable property in the Area.
All interested persons affected by the establishment of said Special
Service Area Number 2 and the levy of said tax, including all owners of real
estate located within said Special Service Area, will be given an opportunity to be
heard at said hearing regarding the establishment of said Backup Special
Service Area and the levy of said tax and an opportunity to file objections to the
establishment of said Backup Special Service Area and the levy of said tax and
the amount thereof.
4
At said public hearing, any interested persons affected by said proposed
Backup Special Service Area may file with the City Clerk of said City written
objections to and may be heard orally in respect to any issues embodied in this
notice. The Mayor and City Council of said City shall hear and determine all
protests and objections at said hearing, and said hearing may be adjourned to
another date without further notice other than a motion to be entered upon the
minutes fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within said
Backup Special Service Area and by at least 51 % of the owners of record of the
land included within the boundaries of said Backup Special Service Area is filed
with the City Clerk of said City within 60 days following the final adjournment of
said public hearing objecting to the creation of said Backup Special Service Area,
the levy or imposition of a tax for the provision of special services to said Backup
Special Service Area, or to a proposed increase in the tax rate, no such Backup
Special Service Area may be created, or tax may be levied or imposed nor rate
increased.
By order of the Mayor and City Council of the City of McHenry, McHenry County,
Illinois.
Dated this 24ttday of January , 2002.
/s/ Janice Jones
City Clerk, City of McHenry
McHenry County, Illinois
5
Section 5. That all ordinances, orders and resolutions and parts thereof
in conflict herewith be and the same are hereby repealed, and that this ordinance
be and the same are hereby repealed, and that this ordinance be in full force and
effect forthwith upon its adoption and approval.
PASSED BY THE MAYOR and CITY COUNCIL of the City of McHenry,
Illinois, at a regular meeting thereof held on the 21stday of January , 2002
and approved by me as Mayor on the same day.
AYES BOLGER. GLAB. LOW. MURGATROYD, WIMMER
NAYS �1041E
ABSTAINED NONE
ABSENT
MAYOR, Cit of McHen
McHenry County, Illinois
Attest:
CI C RK, Ci McHenry
M Henry ounty, "inis
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
THAT PART OF THE FRACTIONAL SOUTHWEST 1/4 OF SECTION 24, AND THAT
PART OF THE FRACTIONAL NORTHWEST 1/4 OF SECTION 25, ALL IN TOWNSHIP 45
NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 24,
25 AND 26; THENCE NORTH ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF
SECTION 24, 1,104.8 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE
OF 88 DEGREES, 52 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE, 1,320.0 FEET; THENCE NORTHERLY, ALONG A
LINE FORMING AN ANGLE OF 88 DEGREES, 50 MINUTES, MEASURED TO THE LEFT,
WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 687.36 FEET TO THE
SOUTH LINE OF KAMA AVENUE AS SHOWN ON THE PLAT OF SHALIMAR
SUBDIVISION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID KAMA
AVENUE, BEING ON A LINE FORMING AN ANGLE OF 89 DEGREES, 41 MINUTES,
MEASURED TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED
COURSE, 726.0 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF
90 DEGREES, 30 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF
THE LAST DESCRIBED COURSE, 596.15 FEET; THENCE SOUTHWESTERLY ALONG A
LINE FORMING AN ANGLE OF 19 DEGREES, 29 MINUTES, MEASURED TO THE
RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 1,015.00 FEET;
THENCE CONTINUING SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE: OF
41 DEGREES, 40 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF
THE LAST DESCRIBED COURSE, 100.3 FEET; THENCE WESTERLY ALONG A LINE
FORMING AN ANGLE OF 27 DEGREES, 32 MINUTES, MEASURED TO THE RIGHT,
WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 177.0 FEET; THENCE
SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 201.8 FEET TO
THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 24 AFORESAID, AND BEING
1,440.9 FEET EAST FROM THE PLACE OF BEGINNING; THENCE CONTINUING
SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 72.10 FEET; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 45 DEGREES, 54
MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, 608.60 FEET; THENCE CONTINUING SOUTHWESTERLY
ALONG A LINE FORMING AN ANGLE OF 11 DEGREES, 43 MINUTES, MEASURED TO
THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 815.50
FEET TO AN INTERSECTION WITH A NORTH LINE OF ORCHARD BEACH AVENUE;
THENCE WESTERLY ALONG SAID NORTH LINE, BEING ON A LINE FORMING AN
ANGLE OF 56 DEGREES, 18 MINUTES, MEASURED TO THE RIGHT, WITH A
PROLONGATION OF THE LAST DESCRIBED COURSE, 592.65 FEET TO AN
INTERSECTION WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 25
AFORESAID; THENCE NORTH ALONG SAID WEST LINE, 1.175.46 FEET TO THE
PLACE OF BEGINNING, (EXCEPT ANY PART FALLING WITHIN MARETTA ESTATES
UNIT 1, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SOUTHWEST 1/4 OF
SECTION 24, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 12, 1972 AS
DOCUMENT 566347, AND ALSO EXCEPT THAT PART OF SAID SECTIONS 24 AND 25,
TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 25, SAID POINT BEING 215 FEET
SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH ON THE WEST
LINE THEREOF, FOR A DISTANCE OF 215 FEET TO THE NORTHWEST CORNER
THEREOF; THENCE NORTH ON THE WEST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 200 FEET TO A POINT;
THENCE EAST ON A LINE FORMING AN ANGLE OF 89 DEGREES, 20 MINUTES, TO
THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST
DESCRIBED POINT, FOR A DISTANCE OF 264 FEET TO A POINT; THENCE SOUTH IN
A STRAIGHT AND DIRECT LINE, FOR A DISTANCE OF 415 FEET TO A POINT, SAID
POINT BEING 266 FEET EAST OF THE PLACE OF BEGINNING; THENCE WEST 266
FEET TO THE PLACE OF BEGINNING AND ALSO EXCEPTING THAT PART OF THE
FRACTIONAL SOUTHWEST 1/4 OF SECTION 24 AND THAT PART OF THE
FRACTIONAL NORTHWEST 1/4 OF SECTION 25, ALL IN TOWNSHIP 45 NORTH,
RANGE 8, EAST FOR THE THIRD PRINCIPAL MERIDIAN IN MCHENRY COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER
COMMON TO SECTION 23, 24, 25 AND 26 IN TOWNSHIP 45 NORTH, RANGE 8, EAST
OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH ALONG THE WEST LINE OF
THE SOUTHWEST 1/4 OF SAID SECTION 24, ON AN ASSUMED BEARING OF NORTH
00 DEGREES 03 MINUTES 37 SECONDS WEST A DISTANCE OF 1,104.80 FEET TO THE
NORTHERLY LINE OF THE TRACT OF LAND CONVEYED TO JOSEPH E. GANSAC
AND SHIRLEY H. GANSAC BY WARRANTY DEED RECORDED ON AUGUST 23, 1989
AS DOCUMENT NUMBER 89R-027489 AND THE POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 48 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY
LINE, 30.00 FEET TO A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH SAID
WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 24; THENCE SOUTH 00 DEGREES
03 MINUTES 37 SECONDS EAST, ALONG SAID PARALLEL LINE, 94.13 FEET TO A
POINT ON A 3,669.72 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID
CURVE BEARS NORTH 25 DEGREES 59 MINUTES 17 SECONDS EAST FROM SAID
POINT, SAID CURVE ALSO BEING 150.00 FEET NORTHERLY OF AND CONCENTRIC
WITH THE TRANSIT LINE OF FAP 420 (F.A. 201) ACCORDING TO THE PLAT
RECORDED MAY 5, 1975 AS DOCUMENT NUMBER 636003; THENCE
SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY, 943.27 FEET
THROUGH A CENTRAL ANGLE OF 14 DEGREES 43 MINUTES 39 SECONDS TO A
POINT 150.00 FEET NORTHERLY OF A POINT OF TANGENCY ON SAID TRANSIT
LINE, AS MEASURED NORMAL THEREOF; THENCE SOUTH 78 DEGREES 44
MINUTES 21 SECONDS EAST, ALONG A LINE TANGENT TO THE LAST DESCRIBED
CURVE, AND 150.00 FEET NORTHERLY OF AND PARALLEL WITH SAID TRANSIT
LINE, 817.77 FEET TO A LINE 74.50 FEET WESTERLY OF AND PARALLEL WITH AN
EASTERLY LINE OF SAID TRACT OF LAND CONVEYED PER DOCUMENT NUMBER
89R-02789; THENCE NORTH 19 DEGREES 36 NUNUTES 45 SECONDS EAST, ALONG
P�
SAID PARALLEL LINE, 139.93 FEET; THENCE SOUTH 70 DEGREES 23 MINUTES 15
SECONDS EAST, ALONG A LINE PERPENDICULAR TO SAID EASTERLY LINE 74.50
FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT BEING 180.00 FEET
SOUTHERLY OF THE SOUTHEAST CORNER OF LOT 9 IN BLOCK 2, IN MARETTA
ESTATES, UNIT 1 ACCORDING TO THE PLAT OF SUBDIVISION RECORDED MAY 12,
1972 AS DOCUMENT NUMBER 566347, AS MEASURED ALONG SAID EASTERLY
LINE; THENCE SOUTH 19 DEGREES 36 MINUTES 45 SECONDS WEST, ALONG SAID
EASTERLY LINE, 410.33 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE;
THENCE SOUTH 61 DEGREES 10 MINUTES 57 SECONDS WEST, ALONG A
SOUTHEASTERLY LINE OF SAID TRACT OF LAND 33.62 FEET, TO A LINE 150.00
FEET SOUTHERLY OF AND PARALLEL WITH SAID TRANSIT LINE; THENCE NORTH
78 DEGREES 44 MINUTES 21 SECONDS WEST, ALONG SAID PARALLEL LINE 826.47
FEET TO A POINT 150.00 FEET SOUTHERLY OF SAID POINT OF TANGENCY ON SAID
TRANSIT LINE, AS MEASURED NORMAL THERETO; THENCE WESTERLY ALONG A
TANGENTIAL 3,969.72 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND BEING
150.00 FEET SOUTHERLY OF AND CONCENTRIC WITH SAID TRANSIT LINE,
THROUGH A CENTRAL ANGLE OF 12 DEGREES 37 MINUTES 45 SECONDS, A
DISTANCE OF 875.01 FEET TO SAID LINE BEING 30.00 FEET EASTERLY OF AND
PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 24;
THENCE SOUTH 00 DEGREES 03 MINUTES 37 SECONDS EAST, ALONG SAID
PARALLEL LINE, 479.96 FEET TO THE NORTH LINE OF THE TRACT OF LAND
CONVEYED TO PAUL A. HILLER AND PRISCILLA M. HILLER BY WARRANTY DEED
RECORDED JULY 18, 1972 AS DOCUMENT NUMBER 571430; THENCE SOUTH 89
DEGREES 16 MINUTES 23 SECONDS WEST, ALONG SAID NORTH LINE, 30.00 FEET
TO SAID WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 24; THENCE NORTH 00
DEGREES 03 MINUTES 37 SECONDS WEST, ALONG SAID WEST LINE, 904.80 FEET
TO THE POINT OF BEGINNING), ALL IN MCHENRY COUNTY, ILLINOIS.
3