HomeMy WebLinkAboutOrdinances - ORD-02-1062 - 02/04/2002 - SETTING DATE FOR PUBLIC HEARING PROPOSED TIF REDEVO R D I N A N C E No. ORD-02-1062
ORDINANCE TO SET A DATE FOR A PUBLIC HEARING
ON THE PROPOSED CITY OF MCHENRY
TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA
AND TO APPROVE A PUBLIC NOTICE FOR THE HEARING
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City
of McHenry, McHenry County, Illinois, (the "City") as follows:
Section: l: It is necessary and in the best interest of the City that a public hearing be held
prior to the adoption by the City Council of an ordinance or ordinances approving the Downtown
McHenry Tax Increment Financing Redevelopment Project and Plan (the "Plan") and establishing
the City of McHenry Tax Increment Financing Redevelopment Project Area and, accordingly, it
is necessary that a date for such public hearing be established and notice thereof be given, all in
accordance with the provisions of the Tax Increment Allocation Redevelopment Act, as amended,
65 ILCS 7/11-74.4-1 et seq. (the "Act").
Section 2: It is hereby determined that a public hearing (the "Hearing") on the proposed
Downtown McHenry Tax Increment Financing Redevelopment Project and Plan for the proposed
Redevelopment Project Area, as identified in Exhibit A, attached hereto and made a part hereof
(the "Area"), and the same shall be held by City Council of the City on the I` day of April, 2002,
at 7:30 p.m. in the City of McHenry Municipal Center, 333 South Green Street, McHenry,
Illinois.
Section 3: Notice of the Hearing be, and is hereby authorized to be given by publication
and mailing, said notice by publication to be given at least twice, the first publication to be not
more than 30 nor less than 10 days prior to the Hearing in the Northwest Herald, being a
newspaper of general circulation within the taxing districts in the Area, and said notice by mailing
to be given by depositing such notice in the United States mail by certified mail 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, not less than ten (10) days prior to the
date set for the Hearing; provided, however, that in the event taxes for the last preceding year
were not paid, notice shall also be sent to the persons last listed on the tax rolls within the
preceding three years as owners of such property. In addition, a good faith effort must be made
to send a copy of the Notice to all residents in the Area by regular mail.
Notice of the availability at the McHenry Municipal Center of the Plan and the Eligibility
Report for the Area shall be prepared by the City Clerk and sent by regular mail to all residential
addresses within 750 feet of the boundaries of the Area and to all persons and organizations
registered on the Interested Persons Registry heretofore established by ordinance of the City
Council.
Section 4: Notice of the Hearing be, and the same is hereby directed to be in substantially
the following form:
Public Notice is hereby given that on the ls` day of April, 2002, the City Council
of the City of Mr -LT ,,,-x, McHenry Countv; Illinoi,, will hold a public hearing at
7:30 p.m. in the City of McHenry Municipal Center, 333 South Green Street,
McHenry, Illinois, on a proposed Downtown McHenry Tax Increment Financing
Redevelopment Project and Plan as resulting from a proposed City of McHenry
Redevelopment Project Area generally described as follows:
"An irregularly shaped area adjacent to and west of the Fox River that is generally
bounded by portions of Elm, Pearl, and Broad Streets on the north; the eastern
boundary of the Fox River and a portion of a line parallel to and approximately
800' east of Green Street on the east; portions of John Street and Waukegan Road
on the south; and portions of Third Street, Green Street, and Richmond Road on
the west."
FA
and legally described as follows:
See attached Exhibit A
The Plan objectives are to reduce or eliminate blighting conditions, to enhance the real estate and
sales tax base of the City of McHenry and other affected taxing districts by encouraging private
investment in the commercial and residential portions of the City within the proposed
redevelopment project area, and to preserve and enhance the value of properties therein, all in
accordance with the provisions of "Tax Increment Allocation Redevelopment Act", effective
January 10, 1977, as amended. The City may issue obligations to finance project costs in
accordance with the Plan, which obligations may also be secured by the special tax allocation fiind
and other available funds, if any, as now or hereafter permitted by law and which also may be
secured by the full faith and credit of the municipality.
All interested persons or affected taxing districts will be given an opportunity to be heard at this
Public Hearing.
By Order of the City Mayor and City Council of the City of McHenry this day of
, 2002.
City Clerk
Section 5: Not less than 45 days prior to the date set for the Hearing; notice is hereh
directed to be given by mail as hereinabove provided to all taxing districts of which taxable
property is included in the Area as proposed and to the Illinois Department of Commerce and
Community Affairs ("DCCA"), and such notice shall also include an invitation to each taxing
district and DCCA to submit written comments to the City, in care of the Mayor of the City of
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McHenry, 333 South Green Street, McHenry, Illinois, 60050, concerning the subject matter of
the Hearing prior to the date of the Hearing.
Section 6: It is hereby ordered that a Joint Review Board shall be convened following the
notice to be given to all taxing districts as provided in Section 5 hereof, to consider the proposed
Plan for that proposed Area. This Joint Review Board shall consist of a representative selected
by the community college district, the local elementary school district, the fire protection district,
the high school district, the county, the township, this City and a public member to be selected by
a majority of other board members, and shall act in accordance with the applicable provisions of
the Act.
Section 7: The document entitled "Downtown McHenry Tax Increment Financing
Redevelopment Project and Plan" constituting the Plan for the Area has been available for
inspection and review since January 25, 2002, at the City of McHenry Municipal Center, 333
South Green Street, McHenry, Illinois during regular office hours.
Section 8: If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the
other provisions of this Ordinance.
ADOPTED this -A -- day of , 2002, pursuant to a roll call vote as
CS
follows:
AYES: ROIGER, GLAB, LOW, MURGATROYD, WIMMER
NAYS: NONE
ABSENT:
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APPROVED by me this -C day of
Mayor
Attest:
Ake .
City rk
McHenry/pobhrg ord
2002.
Exhibit A
January 24, 2002
Job No. 2002-010
2:09 pm
Legal Description
McHenry Riverwalk TIF Area
That part of Sections 26, 35, and 36, Township 45, Range 8 East of
the Third Principal Meridian, located in the City of McHenry and
described as follows: Beginning at the Southeasterly corner of Lot 4
in E.M. Owen's Estates Addition to West McHenry, according to the
Plat thereof recorded January 31, 1893, as Document #9232 in Book
1 of Plats, page 39, in McHenry County, Illinois; thence Northeasterly
along the Southeasterly line of said Lot 4 for a distance of 132 feet to
the most Northeasterly corner of said Lot 4; thence continuing
Northeasterly along the last described course for a distance of 132
feet; thence continuing Northeasterly along the last described course
(being along the Southeasterly line of the lands described in
Document #311537 in McHenry County, Illinois) for a distance of 50
feet, more or less, to the Southeasterly corner of lands described in
Document #634138 (excepting lands described in Document
#471975) in McHenry County, Illinois; thence continuing
� I 1 _ 1_ Southeasterly
_ _ �l 1, 1',-.� l said
fir. r. r. riT.
Northeasterly along tl le Scut easterly III a of said IaI Ida UUO%.l I►.rGu n11
said Document #634138 (excepting lands described in #471975 in
McHenry County, Illinois), for a distance of 132.0 feet; thence
continuing Northeasterly to a point of deflection in the East boundary
of said lands described in Document #634134 (excepting lands
described in Document #471975 in McHenry County, Illinois); thence
continuing Northwesterly along a line that deflects 14' 29' 11" to the
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left of the Northerly extension of the last described course for a
distance of 24.13 feet; thence continuing Northwesterly along the last
described course (being along the Northeasterly line of lands
described in Document #715924 in McHenry County, Illinois) for a
distance of 109.37, more or less, to a point on the Southeast right-of-
way line of State Route 120; thence Southwesterly along the
Southeasterly right-of-way of State Route 120 for a distance of 30.2
feet; thence continuing Southwesterly along a 7° 07' deflection to the
left of the last described course for a distance of 120.8 feet; thence
Northwesterly at 90' to the last described course for a distance of 80
feet to the Southwesterly corner of Lot 14 in Matt Baur's Addition to
the City of McHenry, according to the Plat thereof recorded February
2, 1932, as Document #100509 in McHenry County, Illinois; thence
Northwesterly along the Southwesterly line of said Lot 14 for a
distance of 225.19 feet, more or less, to the most Westerly corner of
said Lot 14; thence continuing Northwesterly along the last described
course for a distance of 24.81 feet, more or less, to an intersection
with the Southeasterly right-of-way line of Mill Stream Drive according
to the plat of Freund's Mill Stream Park Addition Unit #1, recorded
April 19, 1949, as Document #219945 in McHenry County, Illinois;
thence continuing Northwesterly along the last described course for a
distance of 50 feet, more or less, to an intersection with the!
Northwesterly right-of-way line of said Mill Stream Drive; thence
Northeasterly along said Northwesterly right-of-way line of said Mill
Stream Drive to a 90' deflection point in said right-of-way; thence
Southeasterly along the Southwesterly line of Block 3 in Freund's Mill
Stream Park Addition Unit #1 for a distance of 50 feet, more or less,
to the Southwesterly -most corner of Lot 20 in Block 3 in said Freund's
Mill Stream Park Addition Unit #1; thence continuing Northeasterly
along the Southeasterly line of said Lot 20 in Block 3 for a distance of
142.8 feet; thence continuing Northeasterly along the last described
course to an intersection with the Southwesterly line of Lot 29, in
Block 6 in said Freund's Mill Stream Park Addition Unit #1; thence
Southeasterly along the Southwesterly lines of Lots 29 and 30 in said
Block 6 in said Freund's Mill Stream Park Addition Unit #1 to a point
of intersection with the Northwesterly right-of-way line of State Route
120; thence Northeasterly along said Northwesterly right-of-way line
of State Route 120 for a distance of 73 feet, more or less, to the most
Southeasterly corner of Lot 30 in Block 6 in Freund's Mill Stream Park
Addition Unit #1; thence continuing Northeasterly along said
Northwesterly right-of-way line of Route 120 (being also the South
end of Freund Avenue) for a distance of 30 feet; thence continuing
Northeasterly 9.12 feet to a jog point in said Northwesterly right-of-
way line; thence Southerly 4 feet along said Northwesterly right-of-
way jog; thence Easterly along the Northwesterly right-of-way in said
State Route 120 for a distance of 34.3 feet to a jog point; thence
Northeasterly along said Northwesterly right-of-way of said State
Route 120 for a distance of 53.95 feet; thence Northeasterly along
said Northwesterly right-of-way line of said State Route 120 for a
distance of 126.42 feet, more or less, to a point of curvature; thence!
Northeasterly along a curve to the left having a radius of 92.3 feet for
an arc distance of 115.7 feet, more or less, to a point of tangency;
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thence Northerly along the Westerly right-of-way line of State Route
31 (being also the Easterly line of Owen's Outlots according to the
Plat thereof recorded October 27, 1876 in Book 59 of Deeds, page
265 in McHenry County, Illinois, to an intersection with the
Northwesterly extension of the Northeasterly right-of-way line of Pearl
Street; thence Southeasterly along said Northwesterly extension of
said Northeasterly right-of-way of Pearl Street as said Pearl Street
was recorded on McHenry Plat #11 according to the Plat thereof
recorded May 6, 1902 as Document #14087, in Book 106 of Deeds,
page 111 to an intersection with the Easterly right-of-way line of State
Route 31; thence continuing Southeasterly along the last described
course which is the Northerly right-of-way line of said Pearl Street to
a point of intersection with the Northwesterly right-of-way line of Back
Street on the Original Plat of Village (now City of) McHenry on the
West Side of Fox River, according to the Plat thereof recorded in
June of 1840, in Book "B", pages 160 through163 of Deeds, in
McHenry County, Illinois; thence continuing Southeasterly along said
Northeasterly right-of-way line of Pearl Street for a distance of 990
feet; more or less. to the North%.vesterly right-of-way line of Park
Street as said Street was recorded on the said Original Plat of the
Village (now City of) McHenry on the West Side of Fox River; thence
Northeasterly along said Northwesterly right-of-way line of Park:
Street for a distance of 476 feet, more or less, to an intersection with
the Northeasterly right-of-way line of Broad Street as recorded on
said Original Plat of the Village (now City of) McHenry on the West
Side of Fox River; thence continuing Southeasterly on said
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Northeasterly right-of-way of Broad Street to the Westerly shoreline of
the Fox River; thence continuing on the last described course
Southeasterly across the Fox River to the Easterly shoreline of said
Fox River; thence Southerly along the Easterly shoreline of the Fox
River 1450 feet, more or less, to an intersection with the South line of
the Southeast Quarter of said Section 26; thence continuing
Southerly along the said Easterly shoreline of the Fox River 910 feet,
more or less, to an intersection with the Easterly extension of the
Northerly line of lands described in Document #195566 and recorded
in Book 289 of Deeds, page 475, in McHenry County, Illinois; thence
Westerly crossing the Fox River to the Northeast corner of said lands
described in said Document #195566 in McHenry County, Illinois;
thence continuing Westerly along the said Northerly line of lands
described in said Document #195566 in McHenry County, Illinois,
(said Northerly line being also the Northerly ownership line of the
McHenry Country Club) for a distance of 815.0 feet; thence Southerly
along a line parallel with and 40 feet East of the Easterly line of the
Northwest Quarter of the Northeast Quarter of said Section 35 to the
norner of lands described in said Document #195566 in
McHenry County, Illinois; thence Westerly along the Westerly
extension of said South line of lands described in Document #195566
in McHenry County, Illinois, for a distance of 40 feet, more or less, to
the Southeasterly corner of Lot 5 in County Clerk's Plat of the North
Half of Section 35, Township 45, Range 8 East as recorded in Book 2,
of Plats, page 42, in McHenry County, Illinois; thence Westerly along
said Southerly line of Lot 5 in said County Clerk's Plat for a distance
5 REVISED 1124102
of 500 feet, more or less, to the Southwesterly corner of said Lot 5;
thence Southerly along the Southerly extension of the Westerly line of
said Lot 5 for a distance of 30.75 feet, more or less, to a deflection in
the Easterly -most line of lands described in Document #216124 in
Book 334 of Deeds, page 196 in McHenry County, Illinois; thence
Southwesterly for a distance of 214.9 feet along a line that deflects
150 06' to the right of the Southeasterly projection of the last
described course, to an intersection with the Northeasterly right-of-
way of John Street; thence Southwesterly 50 feet, more or less, to the
most Easterly corner of Lot 19 in Owen, Stenger and Aliens 2nd
Addition according to the Plat thereof recorded April 12, 1922, as
Document #54653 in Book 4 of Deeds, page 53 in McHenry County,
Illinois, (said point also being located on the Southwesterly right -of
way line of John Street); thence Northwesterly along the said
Southwesterly right-of-way line of John Street for a distance of 743
feet, more or less, to an intersection with the Easterly right-of-way line
of Green Street; thence continuing Northwesterly along the last
described course 68.7 feet, more or less, to an intersection with the
�Jesterly right_of®way line of Green Street; thence N !therly 630 feet„
more or less, along the Westerly right-of-way line of Green Street as
said right-of-way was established by the Original Plat of West
McHenry, according to the Plat thereof recorded June 14, 1859, in
Book 24 of Deeds, pages 22 and 23, in McHenry County, Illinois, to
an intersection with the Southwesterly right-of-way line of Waukegan
Road; thence Northwesterly along the Southwesterly right-of-way line
of said Waukegan Road as established by said Original Plat of West
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McHenry, for a distance of 817 feet, more or less, to the most
Easterly corner of Lot 1 in Block 2 in said Original Plat of West
McHenry; thence Northeasterly 66 feet, more or less, to the point of
beginning. All located within the City of McHenry, McHenry County,
Illinois.
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