HomeMy WebLinkAboutOrdinances - ORD-03-1161 - 05/12/2003 - ESTABLISH SSA #3 SHAMROCK FARMS (AKA LEGEND LAKES)ORDINANCE NO. nRn-n—i-1161
AN ORDINANCE ESTABLISHING
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA #3
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," 351LCS 200/27-35, as amended, and pursuant to
the Revenue Act of 1939 of the State of Illinois, as amended; and
WHEREAS, adoption of the area hereinafter described as a back up special
service area is in the public interest (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 Homes, an Illinois Corporation (the "Developer") will
develop land called Shamrock Farms Subdivision, which has been annexed to the City,
which 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 in Exhibit A attached hereto and
incorporated by reference; and
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WHEREAS, the Developer will develop single family homes, common areas,
entry treatments and signage, landscaping, fencing and other amenities as set forth in
the Annexation Agreement and the Declaration of Covenants, Conditions, Easements
and Restrictions for Shamrock Farm Homeowners' Association ("Declaration"); and
WHEREAS, the Declaration establishes that the Homeowners' Association
("Association") is responsible for the cost and expense of maintaining the Common
Areas, entry treatments and signage, landscaping, and fencing in accordance with the
approved Landscape Plan; and
WHEREAS, future costs of maintenance of the Common Areas, entry treatments
and signage, landscaping, and fencing 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 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,
entry treatments and signage, landscaping, and fencing in accordance with the
Landscaping Plan, in the event 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 interest of the
City that the Area be adopted; and
WHEREAS, it is hereby estimated that the cost of providing the Services will be
not less than $15,000 per year; and
WHEREAS it is in the public interest that taxes be levied by the City at a rate or
amount 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
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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; and
WHEREAS, an ordinance setting the time and date for a public hearing
concerning the establishment of SSA #3 was adopted by the City Council on February 3,
2003; and
WHEREAS, after notice duly published and mailed to taxpayers of record, the
City Council held a public hearing on March 3, 2003 concerning the establishment of
SSA #3; and
WHEREAS, the certificate of publication of the notice and an affidavit of mailing
of the notice are attached to this ordinance as Exhibits "B" and "C"; and
WHEREAS, all interested persons were given an opportunity at the public
hearing to speak on the question of the creation of the SSA #3 and there were no
objections to the establishment of SSA #3, nor did the City receive any written objection
to the adoption of SSA #3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The foregoing recitals are incorporated herein by reference.
SECTION 2: 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 SSA #3
that this backup SSA, as previously described, be established.
SECTION 3: A Special Service Area to be known and designated as City of
McHenry Special Service Area #3 is hereby established and shall consist of the territory
described in Exhibit A.
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SECTION 4: The City of McHenry Special Service Area #3 is established to
provide for a backup method of payment to provide for the maintenance of the Common
Areas, entry treatments and signage, landscaping, and fencing in accordance with the
Landscaping Plan in the event the Association fails to do so. The establishment of
Special Service Area #3 is provided for in an Annexation Agreement adopted by the City
on July 2, 2001. Pursuant to that Annexation Agreement, the City of McHenry Special
Service Area #3 is created for the purpose of creating a reserve fund as a backup
method of financing for the purpose of renewing, replacing, rehabilitating, reconfiguring,
and improving the Common Areas, entry treatments and signage, landscaping, and
fencing in accordance with the Landscaping Plan. 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 its value as equalized or assessed by the
Department of Revenue of all taxable property in the Areas, in addition to all other taxes
permitted by law.
SECTION 5: This Ordinance shall be in full force and effect as of MAY 12, 2003.
PASSED THIS 12TH
DAY OF
MAY
'2003.
AYES: BOLGER,
GLAB, LOW,
MURGATROYD,
WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NGNE
APPROVED THIS i 2Tu DAY OF MAY , 2003
ATTEST:
C [l�J
CI CL K 0
��'�-''
MAYOR
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Exhibit A-1
Legal Description of the SUBJECT PROPERTY
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, fora
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.
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O m Q u (O
E)(h t b i I- C,
AFFIDAVIT OF COMPLIANCE
WITH PUBLIC NOTICE REQUIREMENTS
The undersigned, being first duty sworn, on oath deposes and states that all public
notice requirements have been met in connection with the Special Service Area for
Shamrock Farms Subdivision.
Filed by.
Scott Viger
Kimball Hill Homes
5999 New Wilke Rd., Bldg. 5
Rolling Meadows, IL 60008
For approvals of;
Special Service Area for Shamrock Farms Subdivision
Scott Viger
Kimball Hill Homes
$999 New Wilke Rd., Bldg. 5
Rolling Meadows, 1L 60094
Subscribed and sworn to
before me this „ day
V1-J-jL;KL am
LORI J. FjLTE9
NOtARY P418t�C, Still OF to