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Home My WebLink AboutOrdinances - ORD-05-1244 - 01/17/2005 - ESTABLISH SSA #8 EVERGREEN PARKORDINANCE NO. ORD-05-1244 AN ORDINANCE ESTABLISHING THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS SPECIAL SERVICE AREA #8 Q&JULU,C�A) 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," 35ILCS 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 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, the property is legally described in "Exhibit A" attached hereto and incorporated by reference; 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 of the value as equalized or assessed by the Department of Revenue of all taxable property in the Area, to cover the cost of providing, the Services, 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 #8 was adopted by the City Council on September 8, 2004; and WHEREAS, after notice duly published and mailed to taxpayers of record, the City Council held a public hearing on November 15, 2004 concerning the establishment of SSA #8; 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 #8 and there were no objections to the establishment of SSA #8, nor did the City receive any written objection to the adoption of SSA #8; and 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 the proposed back-up SSA #8 that this SSA #8, as previously described, be established. SECTION 3: A Special Service Area to be known and designated as City of McHenry Back-up Special Service Area #8 is hereby established and shall consist of the territory described in Exhibit "A" for the purpose of covering the cost of maintaining and improvement of the Community Areas and Landscaping in accordance with the approved Landscape Plan, in the event that the Homeowners Association fails to maintain these areas. SECTION 4: The City of McHenry Special Service Area #8 is established to provide for a method of payment such that 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 to finance special municipal services to said SSA #8, 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 in the event the Homeowners Association fails to maintain said areas. PA SECTION 5: This Ordinance shall be in full force and effect - PASSED THIS 17TH DAY OF JANUARY , 2005. NAYS: NONE ABSTAINED: NONE ABSENT: PETERSON APPROVED THIS 17TH DAY OF JANUARY , 2005 MAYOR ATTEST: C CITYOLK (D Exhibit "A" (Legal Description) BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, McHENRY COUNTY, ILLINOIS. NOTICE OF PUBLIC HEARING CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 8 NOTICE IS HEREBY GIVEN that on November 1, 2004 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 8 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 SIDE OF MCCULLOM LAKE ROAD AND IMMEDIATELY WEST OF THE MEIJER/HOME DEPOT SUBDIVISION, 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 8 is to provide a backup method of financing special municipal services to said Special 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 8, in an amount to be determined. All interested persons affected by the establishment of said Special Service Area Number 8 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. a Y Exh' b ; + 6 -a-- By order of the Mayor and City Council of the City of McHenry, McHenry County, Illinois. Dated this b�k day of 2004. A �v-� /s/ 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. PASSED BY THE MAYOR and CITIY COUNCIL of the City of McHenry, Illinois, at a regular meeting thereof held on the 8t' day of September, 2004, and approved by me as Mayor on the same day. AYES BOLGER. LOW, MIJRGATROYD, WIMMER, PETERSON, CONDON NAYS G LAB ABSENT WQ€ ABSENT NnW F Attest: S san E. Low, Mayor, City of McHenry 51 EXHIBIT C Affidavit of Mailing The undersigned, being first duly sworn, on oath deposes and states that Notice of the Public Hearing for Special Service Area Number '3 in the City of McHenry was served by depositing in the United States mail the Notice 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 was 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 was sent to the person last listed on the tax rolls prior to that year as the owner of said property. Filed by: Name A4�6=- P 22054Z00 Address gu In I I L. LO I -Z3 city, , zip Subscribed and sworn to before me this 24411 day of [� - , 20( Public 1 d�W gpOZ � t u say, ' uoissiww AW sloullll to gjEIS'oilgnd fuEION EMI NNV A1838W1I ,, 113S I a m 1330,,