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HomeMy WebLinkAboutOrdinances - ORD-03-1127 - 02/03/2003 - PROPOSE ESTABLISH SSA #3 SHAMROCK FARMS (NKA LEGENORDINANCE NO. ORD-03-1127 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A BACKUP SPECIAL SERVICE AREA IN THE CITY OF McHENRY, ILLINOIS, AND THE LEVY 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, Kimball Hill, Inc., an Illinois Corporation (the "Developer") will develop land, called Shamrock Farms Subdivision, which has been annexed to the City, which said subdivision is located: THE NORTH AND SOUTH SIDES OF DRAPER ROAD, WEST OF CURRAN ROAD, AND INCLUDING ACREAGE LOCATED ON THE EAST SIDE OF CURRAN ROAD, IN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS 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, multi -family townhomes, open space areas, landscaping and other amenities as set forth in the Annexation Agreement and the Declaration of Covenants, Conditions, Easements and Restrictions for Shamrock Farms Neighborhood Association ("Declaration"), and WHEREAS, the Declaration establishes that the Shamrock Farms Neighborhood Association ("Association") is responsible for the cost and expense of maintaining the Community Areas as defined in the Declaration ("Community Areas"), and the Landscaping as defined in the Landscape Plan; and WHEREAS, the future costs of maintenance of the Community Areas, and the Landscaping in accordance with the Landscape Plan are special services which may lawfully be paid from additional taxes upon the area; and WHEREAS, the City intends that the Community Areas and the Landscaping be maintained in good working order and in accordance with the Landscape 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 Community Area, and the Landscaping in accordance with the Landscape Plan in the event that the Association fails to maintain said areas; 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 hereby estimated that the cost of providing the Services will be not less than $15,000.00 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 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: i% 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 3rd day of March, 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 March 3, 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 3 NOTICE IS HEREBY GIVEN that on March 3, 2003, at 7:30 o'clock 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 3 of said City consisting of the territory legally described in Exhibit A. The Area is the above -described real estate, which is generally located THE NORTH AND SOUTH SIDES OF DRAPER ROAD, WEST OF CURRAN ROAD, AND INCLUDING ACREAGE LOCATED ON THE EAST SIDE OF CURRAN ROAD, IN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS 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 3 is to provide a backup method of financing special municipal services to said Special 3 Service Area, including all costs of operation, upkeep, maintenance, repair, replacement, alteration, safekeeping and improvement of the Community Areas, and the Landscaping in accordance with the Landscape Plan 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 3, in an amount to be determined. Ail interested persons affected by the establishment of said Special Service Area Number 3 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. 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 3RO_ day of February, 2003. /s/ C' y CI , City cHenry cHenry o ty, 1111 ois 4 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. PASSED BY THE MAYOR and CITIY COUNCIL of the City of McHenry, Illinois, at a regular meeting thereof held on the 3rd day of February, 2003, and approved by me as Mayor on the same day. AYES BOLGER, LOW, MURGATROYD, WIMMER. NAYS NONE ABSENT G LAB Attest: i c Ja 'ce Jones, it Clerk Ci y of M Henry Pamela J. Althoff Mayor, City of McHenry 5 EXHIBIT A PARCEL I: The Northwest Quarter of the Northwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian (excepting therefrom the North 380.0 feet of the West 573.16 feet): Also of the Northeast Quarter of the Northwest Quarter of said Section 33, (excepting therefrom the'East 30 acres thereof): Also of the Southwest Quarter of the Northwest Quarter of said Section 33 (excepting therefrom the South 30 acres thereof): Also of the North Half of Section 32, Township 45 North, Range 8 East of the Third Principal Meridian (excepting therefrom the North 100 acres thereof: Also excepting therefrom that part thereof conveyed by William A. Saylor and wife, to Frank Grasser by Warranty Deed dated March 1, 1909 and recorded in the Recorder's Office of McHenry County, Illinois, in Book 127 of Deeds, page 452: Also of the West Half of the Southeast Quarter of said Section 32: Also of the Northeast Quarter of the Southeast Quarter of said Section 32: Also of the North 528.0 feet of the East 1650.0 feet of the Southwest Quarter of said Section 32, all in McHenry County, Illinois. PARCEL II: That part of the Southeast Quarter of Section 31 and of that part of the Southwest Quarter of Section 32, all in Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast Corner of the Southeast Quarter of Section 31 and running thence West on the South line thereof, for a distance of 21.12 feet to a point; thence North parallel to the East line thereof for a distance of 531.29 feet to a point; thence East at the right angles to the last described line, at the last described point, for a distance of 265.52 feet to a point; thence Northwesterly on a line forming an angle of 94 degrees 43 minutes 30 seconds to the left with a prolongation of the last described line, at the last described point, for a distance of 352.64 feet to a point in the centerline of a public highway running in a Northeasterly and a Southwesterly direction and commonly known as Draper Road; thence Northeasterly on the centerline of said road, for a distance of 2153.05 feet to a point on a line drawn 528 feet South of and parallel to the North line of the Southwest Quarter of Section 32; thence East on said parallel line for a distance of 660.88 feet to a point on the East line of the Southwest Quarter of Section 32; thence South on the East line thereof, for a distance of 2107.03 feet to the Southeast Corner thereof; thence West on the South line of the Southwest Quarter of said Section 32, for a distance of 2640.61 feet to the place of beginning, in McHenry County, Illinois. PARCEL III: The Northwest Quarter of Section 5 (excepting the South 65 acres of said Northwest Quarter; also except the West 706.44 feet of the South 450.00 feet of the North 1200.0 feet of said Northwest Quarter) in Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois.