HomeMy WebLinkAboutOrdinances - ORD-03-1127.A - 02/10/2003 - PROPOSE ESTABLISH SSA #4 LAKEWOOD ROADORDINANCE NO.
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN
THE CITY OF MCHENRY, ILLINOIS, AND THE LEVY TAXES FOR THE PURPOSE OF
PAYING THE COST OF PROVIDING SANITARY SEWER SERVICE TO THE RESIDENTS OF
LAKEWOOD SUBDIVISION
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 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, the residents of Lakewood Subdivision are desirous of receiving sanitary
sewer service from the City; and
WHEREAS, the property is legally described as in Exhibit A attached hereto and
incorporated by reference; and
WHEREAS, the Lakewood Residents will pay 75% of the costs of extending the sanitary
sewer service, in addition to adding the required capital development fees, and the City of
McHenry will pay 25% of the cost of said extension; and
WHEREAS, the City of McHenry will cause to be prepared a Plat of Easement for the
future maintenance of said sanitary sewer main extension; and
WHEREAS, the Area will benefit specifically 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 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 to be determined, 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 5`h day of
May, 2003, 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 give by publication at least once, not less than 15 days prior to the
Hearing on May 5, 2003, in the Northwest Herald, the same being a newspaper of general
circulation within the City. Notice by mailing shall be give 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 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.
Section 4. That the Notice shall be insubstantially the following form:
NOTICE OF PUBLIC HEARING CITY OF MCHENRY
MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA NUMBER 4
NOTICE IS HERBY GIVEN that on May 5, 2003, at 7:30 P.M. at the City Hall, 333 S. Green
Street, 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 4 of said City consisting of the territory legally described on attached Exhibit "A".
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 4 is to provide sanitary
sewer service to said Special Service Area Number 4, including all costs of extending sanitary
sewer service, in addition to required capital development and sewer tap fees.
Bonds shall be issued in an amount not -to -exceed $500,000 for the purpose of paying a portion
of the cost of providing the services. The Bonds shall be retired over a period not -to -exceed
twenty (20) years form the issuance thereof. The Bonds shall be retired by the levy of a direct
annual tax sufficient on all property subject to taxation for the said Special Service Area Number
4 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 said
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Special Service Area Number 4 for the entire period that the Bonds shall be outstanding and
shall be unlimited as to rate or amount and in addition to other taxes permitted by law.
All interested persons affected by the establishment of said Special Service Area Number 4 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 tobeentered 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 Special Service Area
Number 4 and by at least 51 % of the owners of record of the land included within the
boundaries of said Special Service Area Number 4 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
Special Service Area Number 4, the levy or imposition of a tax for the provision of special
services to said Special Service Area Number 4, or to a proposed increase in the tax rate, no
such Special Service Area Number 4 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 20t' day of April 2003.
City Clerk
City of McHenry
McHenry County Illinois
Section 5. That all ordinances, orders and resolutions and pacts 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.
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PASSED BY THE MAYOR and CITY COUNCIL of the City of McHenry, Illinois, at a
regular meeting thereof held on the 1 OTH day of February, 2003, and approved by me as Mayor
on the same day.
AYES ROWER, GLAB, LOW, MURGATROYD, WIMMER.
NAYS .N0NF
ABSENT _
ABSENT
Attest:
YZ
Pamela J. Althoff, Ma r,
City of McHenry
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EXHIBIT " A"
SPECIAL SERVICE AREA NUMBER 4 IS LEGALLY DESCRIBED AS
FOLLOWS:
LOT/SEC-SUBL/TWP/BLK/RG 22-0045-008/DOC 96R008348/CCP PT LOT 6
SE 1 /4 09-22-452-034
LOT/SEC-SUBL/TWP-BLK/RG 22-0045-008/DOC 943350/09-22-451-028/CCP
PG LT 6 09-22-451-028
LOT/SEC-SUBL/TWP-BLK/RG 22-0045-008/DOC 88ROl8114/CCP PT LT 6
S E 1 /4 09-22-451-029
LOT/SEC-SUBL/TWP-BLK/RG 22-0045-008/DOC 92R031065/CCP.PT LOT 6
SE 1 /4 09-22-451-030
PARK LYING E OF ADJ LT 1/DOCS 709763,943350 & 88R003092 &
96R008347 LAKEWOOD SUB 09-22-451-039
LOT/SEC-SUBL/TWP-BLK/RG 22-0045-080/DOC 943350 TRI PC E OF PARK
WHICH IS E OF LOT 1 LAKEWOOD SUB/CCP PT LOT 6 SE 1/4 -
09-22-451-044
LOT/SEC-SUBL/TWP-BLK-RG 22-0045-008/DOC 818302/CCP PT LOT 6 SE
1 /4 - 09-22-452-017
AND THE FOLLOWING:
Part of the Southeast quarter of Section number twenty two (22), Township 45
North, Range 8 East of the 3rd Principal Meridian, as shown on the annexed plat,
which is a correct representation of said survey and subdivision. The lots
included in this subdivision are numbered from 1 to 23 inclusive. All lot lines
extend to McCullom's Lake excepting lots numbered from 20 to 23 inclusive. The
dotted line running in an Easterly and Westerly direction and nearly parallel to the
said Lake, being only for the purpose of giving the distances and the widths of
the lots. All distances shown in feet and tenths of a foot. The letter "A", shown
on the annexed plat represents the most Southerly corner of lot number 6, and at
said point there is an iron stake from which a Bur Oak tree 14" in diameter bears
77.13"10' W 74.6 feet, and all courses and distances are taken from said iron
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stake and future surveys are to start from said point. A driveway 20 feet in width,
in the rear of the lots, is staked out and is considered as part of the afforesaid
subdivision. Iron stakes at all points marked thus: 0.
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