HomeMy WebLinkAboutOrdinances - ORD-02-1074 - 04/01/2002 - ESTABLISH SSA #2 RIVERSIDE HOLLOWORDINANCE NO. ORD-02-1074
AN ORDINANCE ESTABLISHING
THE CITY OF MCHENRY SPECIAL SERVICE AREA #2
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A BACKUP SPECIAL
SERVICE AREA IN THE CITY OF MC HENRY, MC HENRY 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
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 dM the Declaration of Covenants, Conditions, Easements and
Restrictions for Riverside 14olloW I4omeoWnets 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
than $5,000.00 per year; and
WHEREAS, it is in the public interest that taxes be levied by the City at a rate or
amount of tax sufficient to provide revenues required for the purpose of paying the cost of
providing the Services (the "Taxes"); and
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
0.085% 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: Authori . Special Service Area #2 is established pursuant to the
provisions of Article VII, Section 6(A) and 6(L) of the Constitution of the State of Illinois and
pursuant to an Act to provide the manner of levying or imposing taxes for the provisions of
special services to areas within the boundaries of home rule units and non -home rule
municipalities and counties (Public Act 78-901).
SECTION 2: Findings.
A. The question of the establishment of the area hereinafter described as a Special
Service Area was considered by the City Council pursuant to an ordinance adopted on January
23, 2002 providing for a public hearing with respect to this Special Service Area, and is
considered pursuant to that hearing held on February 18, 2002 by the Mayor and City Council of
the City of McHenry after a notice duly published and mailed to taxpayers of record, as required
by law. The certificate of publication of the notice and an affidavit of mailing of the notice are
attached to this ordinance as Exhibits "I" and "2". The notices conformed in all respects to the
requirements of Section 5 of Public Act 78-901.
B. All interested persons were given an opportunity at the public hearing to speak on
the question of the creation of Special Service Area #2. All parties have been duly informed that
the purpose of Special Service Area #2 is to provide a backup means of funding the maintenance
improvements. There were no objections to the establishment of Special Service Area #2 nor did
the City receive any written objection to the adoption of SSA #2. Further, Special Service Area
#2 is to be established pursuant to an Annexation Agreement adopted by the City of McHenry on
3
? � ( '� r "_, 2002. That Annexation Agreement was duly executed by all owners of
properties affected by the Special Service Area.
C. After considering all the matters as presented at the public hearing, the Mayor and
City Council of the City of McHenry finds that it is in the best interest of the public at large, the
City of McHenry, and the taxpayers of record in proposed Special Service Area #2 that this
Special Service Area, as hereinafter described, be established.
D. Special Service Area #2 is located entirely within the boundaries of the City of
McHenry, which is in the process of being annexed to the City of McHenry. The area is zoned
as residential and each residence will benefit specially from any Common Area Maintenance
provided by the Village. The maintenance is uniquely a municipal service and which may be
provided to this Special Service Area.
SECTION 3: City of McHenryy SWcial Service Area #2 Established. A special service
area to be known and designated as City of McHenry Special Service Area #2 is hereby
established and shall consist of the following described territory (see Exhibit "3")
SECTION 4: Purpose of Special Service Area #2. The City of McHenry Special
Service Area #2 is established to provide for a backup method of payment to provide for the
maintenance and common areas in the event that the condominium association fails to do so.
The establishment of Special Service Area #2 is provided for in an Annexation Agreement
adopted by the City on September 17, 2001. Pursuant to that Annexation agreement, the City of
McHenry Special Service Area #2 is created for the purpose of refunding to the City any of the
costs incurred by it to maintain common areas. This refunding will be accomplished by a special
tax levied on the property in Special Service Area #2 in addition to all other Village taxes so
levied.
n
SECTION 5: Effective Date. This ordinance shall be in full force and effect upon its
passage, approval and publication as provided by law.
PASSED AND APPROVED THIS 1 ST day of April, 2002.
AYES: B01GER, CLAR, LLL, M11RCATRnYa WJMMER
NAYS: NONE
ABSENT: NONE
NONE
PASS:
Mayor
ATTEST:
C.
Ci
C1
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5
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
MPR=S, 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
1
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 DISTANCF, OF 264 FFF,T TO A POINT; THFNCF.. 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 PRINCPPPAI, WRIDIAN; THENCE NORTH ALONG THE WEST DINE OF
THE SOUTHWEST I/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 -ND 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 MINUTES 45 SECONDS EAST, ALONG
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
NOTICE OF PUBLIC HEARING
CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA NUMBER 2
NOTICE IS HEREBY GIVEN that on February 18, 2002, at
Seven o'clock P.M. at the City Hall, 333 S. Green Street, Mc Henry, 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 encompasses 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 McHenry
City Clerk 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 of 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 are 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.
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 31 st day of January, 2002.
/s/Janice Jones
City Clerk, City of McHenry
McHenry County, Illinois
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