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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 1 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 2 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. 3 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 4 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. 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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