HomeMy WebLinkAboutOrdinances - ORD-03-1156 - 07/07/2003 - ESTABLISH SSA #4 LAKEWOOD ROADORDINANCE NO. ORD-03-1156
AN ORDINANCE ADOPTING 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"), which is legally described on Exhibit "A", attached hereto and incorporated herein
by reference; and
WHERAS, a public hearing was held at 7:30 P.M., on the 51h 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 and to consider the tax levy described
in the Notice of Public Hearing, (the "NOTICE"), which is attached as Exhibit "B" and
incorporated herein by reference; 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 Road Homeowners Association are
responsible for 75% of the costs of extending the sanitary sewer service, in addition to adding
the required capital development fees; and
WHEREAS, the City of McHenry is responsible for 25% of the total cost of the sewer
extension; and
WHEREAS, the City is responsible for preparing a Plat of Easement for the future
maintenance of said sanitary sewer; 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 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 Vh day of July, 2003, and approved by me as Mayor on
the same day.
AYES BOLGER, GLAB, LOW, MURGAGROYD, WIMMER, PETERSON, CONDON
NAYS NONE
ABSENT NONE
ABSENT NONE
Susan E. Low, Mayor,
City of McHenry
Attest:
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-SUBLfrWP-BLK/RG 22-0045-008/DOC 88ROl 8114/CCP PT LT 6
SE1/4 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 TR1 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-SUBLJTWP-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"l0' W 74.6 feet, and all courses and distances are taken from said iron
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.
EXHIBIT "B"
NOTICE OF PUBLIC HEARING CITY OF MCHENRY
MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA NUMBER 4
NOTICE IS HERBY GIVEN that on April 21, 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 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 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 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 6t' day of April 2003.
City Clerk
City of McHenry
McHenry County Illinois
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
77.13010' W 74.6 feet, and all courses and distances are taken from said iron
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.
09-22
I ' � McHENRY CORP. LINE
1 119.15 � 102.47 59.34 �70.27, ` ,p _ _
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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 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 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 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 20th day of April 2003.
City Clerk
City of McHenry
McHenry County Illinois
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xv. -
F-UULIU NOTICE
PUSLICG
ITiy,- -
M f
MC
SPECIALSERVICE
..
REBy
GIVEN VW do LAayec5,
2003.•al 7:30 P.M:iat4the
City Hat. 333-S. Green
-
'Street. Mnffertry. 'Illinois
Will be
�by
die � and City
Coulidl of glue City. of
County
Illinois
taonsrdeoVte
c
establishirm t Of Special
Servl-')a..re1„9 4 of
said Cyy tw y
territory described bn
- S"
attached Ed" W.
_
An arcuate map of said
territory is on fie inl•the
office of the City Clerk'of
said City and Is avail able
for pu i)k inspection. - - -
The purpose of the
establishment.. of . said
Special Service Area
.Number 4 is 40 provide
sanitary server service 10
Area
I said Special Service
- __- ....... - • -:. _.. _ _- - •- _
1.:
I Nmber 4. ocluditV all
, .• .. _ - - - ...
costs of extending sanitary
sewer service. in' addifion
`
to requiredcapiW develop-
ment and serer tap fees -
Bonds shag be issued in
an amount ed
-� w�= -�^ "
5
of payinga pordorr of the
...,�„�
cost of providi g cite servic-
es. The Bonds shall be
refired over a period rat -to-
--
exceed twe city C20l Years
_ - Y
from the Issuance thereof.
The Bonds shall be retired
by the levy of a direct annu-
al tax siAfiaeN on all prop-
erty 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 disdharge the principal
thereof at maturity. Said
direct annual tax shall be
" levied upon at taxable
property wilhn said Special
Service Area Number 4 for
the entire period that the
Bonds sham be outstanding
and shag be unirriited as to
rate or amount and in addi-
tion to other taxes Permit-
ted by law.
All interested persons
1 affected by the establish-
•ment of said Special
Service Area Number 4
may file with ghe City Clerk
of said City written objec-
tions to and may be heard
orally in respect to any
issues embodied in this
notice. The Mayor and City
Count of said City shall
hear and determine all
protests and objections at
said hearing, and said
hearing may be adjourned
to another dale without fur-
ther notice other than a
motion to be entered upon
the minutes hang the time
and place of its adjourn-
ment.
If a petition signed by at
least 51% of the electors
residing within said Special
Service Area Number 4
and b•: ' 1,1,1 5I". nt the
EXHIBIT'A"
Special Service Area
,Number 4 is legally
described as follows:
Lot/Sec-
SubVrwplBgORG 22-0045-
008IDoc 96R008348/CCP
Pf Lot 6; SE 114 09-22.452-
034
Lof/Sec.SubVTwp-
Blk/RG 22-MS-006/Doc
943350109-22-451-
028/CCP; PG U 6 09-22-
451.028
Lott-SubUTwp
Blk/RG 22-0045-008/Doc
BBROI81141CW PT Lt 6;
SE 1/4 09-22-451.029 - -
Lot/Sec"Subi/iwp- . • !
,BIk/RG 22-0045.008/D6c
92RO3106510CP PT U-6;
SE 1/4 09-22451-030 --J
Park -" E of AdI:`'&
1/Docs 709763. 94335Q:6
SBR003092 3 96RODS34.7
Lakewood Sub 09-22-44ir
039 _.`
BIk/RG�22-004 7.1. .!
943350 Tri PC E.of; .
which Is E • of ' o
Lakewood 'Sirb/CCP';P
Lot 6; SE 1/4 W,
rhea
RG
8183021CCP PT Lot 6; SE
114 09-22-452-017--
AND THE FOLLOMNG;'
Part of the Southeast
quarter of Section number
twenty two (22). Township
45 North. Range 8 East of
the 3rd Principal ipal Merfdran.
as shown on the annexed
plat. which is a correct rep-
resentation of said survey
and subdivision. The .lots
included In this subdivision
are numbered from 1 to 23
inclusive. All lot .lines
extend to McCutom's Lake
excepting lots numbered
from 20 to-+23 inclusive,
The dotted'" nxhnirtg in
an Easterly and Westerly
direction and neaify. paral
Jel to the said Lake, be'uig
lonly for the purpose or grv-'
ding the distances arrd.the
widths of the lots. All•dis-
Itances shown in feet And
tenths of a foot The letter
!'A". shown on the annexed
!plat represents the' most
'Southerly comer of lot
number 6, and at said point
there is an iron slake 'Mnch a &x Oak Tree 1' i
diameter bears 77.13
degrees 10 'minutes W
74 6 feet, and all coursed
and distances are taken
from said iron slake 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 pail
of the aforesaid subdivi-
sion. Iron stakes *at all
points marked dhus• 0. - .
(Published-! - W.;"=-the
All" interested persons `
agected by the establish-
ment of said Special
Service Area Number 4
may file with the City Clerk
of said City written objeo-
lions to and may be heard
orally in respect to any
;issues embodied in this
notice. The Mayor and City
Couxhd of said City chat
hear and determine Z-gll
protests and objections' at
said hearing. and said
hearing may be adjourned
to another date without fur-
ther notice other than a
nation to be entered upon
the minutes fixing the dine
and place of its adjourn-
ment.
If a petition signed by at
least 51% of the electors
I�Nresiding 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 fol-
lowing the final adjourn,
ment 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 servic-
es to said Special Service
Area Number 4, or to a pro-
posed 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 20th day of
=- Apri12003
Janice Jones
City Clerk
City of McHenry
McHenry County, Illinois
r�
. ------ ------ - - - S
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