HomeMy WebLinkAboutOrdinances - ORD-05-1271 - 10/03/2005 - PROPOSE ESTABLISH SSA #4A LAKEWOOD RDORDINANCE NO. ORD-05-1271
An Ordinance Proposing tke Establiskment of Special Service Area No. 4A
in the City of McHenry, McHenry County, Illinois, and to Levy Taxes
for tke Purpose of Paying tke Cost of ProWifing 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 the
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 200/5 et seq., as amended, and the Revenue Act of
1939 of the State of Illinois, as amended; and
WHEREAS, it is in the public interest that a special service area be established for the
real property described as follows and commonly known as Lakewood Subdivision, (the
"Area„):
(PINS 09-22-451-028, -029 and —030)
The Westerly 294. 0 feet (measured along the northerly and southerly lines thereofi of that part of
the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal
Meridian, described as beginning at the Southeast corner of the private park in Lakewood
Subdivision (document No. 48171) in the Southeast corner of said Section 22 which is adjacent
to Lot 1 in said Subdivision; thence North 79 degrees, 05 minutes East, 381.8 feet, more or less,
to a point in the Westerly right of way line of the Chicago and Northwestern Railway, which is
804.3 feet Northwesterly from the intersection of said Westerly right of way line with the South
line of the Southeast Quarter of said Section 22; thence Northwesterly along said Westerly right
of way line, 119.8 feet, thence South 79 degrees West, 392.5 feet to a point which is North 16
degrees, 05 minutes East, 119.4 feet from the corner of beginning, thence South 16 degrees, 05
minutes West, 119.4 feet to the corner of beginning, in McHenry County, Illinois
together with:
(PIN 09-22451-044)
Beginning at a point on the Southeasterly corner of the private park which adjoins Lot 1 of
Lakewood Subdivision being a subdivision of the said Southeast 'V4 of said Section 22 according
to the plat thereof recorded July 12, 1920 as Document 48171, in Book 4, of Plats Page 17,
thence Northwesterly along the Easterly line of said park to the most Northerly part of said park;
Lakewood Subdivision Special Service Area, Page 1
thence Easterly along the South line of the premises conveyed by Kenneth C. Petersen to Brand
Ice Company by Quit Claim Deed recorded in McHenry County, Illinois as Document No.
526174 a distance of 25 feet to the most Easterly corner of said premises conveyed to Brand Ice
Company, thence South on a straight line a distance of 119.4 feet to the Point of Beginning in
McHenry County, Illinois.
together with:
(PIN 09-22451-039)
The private park as shown on the Plat of Lakewood Subdivision, according to the Plat thereof
recorded July 12, 1920 as Document No. 48171, in Book 4 of Plats, page 17 in the Recorder's
Office of McHenry County, Illinois, and which private park lies East of and which adjoins Lot I
in said Subdivision, and which park runs from the water Is edge of McCullom Lake to the North
line of said driveway, and which park is 30 feet wide at its most Southerly point, in McHenry
County, Illinois.
together with:
(PINS 09-22-451-026, -025, -024, -023, -022, -021, -020, -019, -018, -017, -048, -047, -003, -
004, -005, -006, -007, -008, -009, -011, -012, -013, -014 and -015)
Lots 1 through 23, inclusive, in Lakewood Subdivision, being a Subdivision of part of the
Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded July 12, 1920 as Document No. 48171, in Book
4 of Plats, page 17, in McHenry County, Illinois.
together with:
(PIN 09-22-452-034)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third
Principal Meridian, bounded by a line described as follows: Commencing at the Southeast
corner of the part Fast of and adjoining Lot 1 in Lakewood Subdivision, being a Subdivision of
part of the Southeast Quarter of said Section 22, as per the Plat thereof recorded July 12, 1920
as Document No. 48171; thence Southerly along a line drawn at right angles to the Northerly
line of the driveway as shown on said Plat, being also the Southerly line of Lots 1 through 6 and
said park in said Subdivision, a distance of 20.0 feet for a place of beginning of the tract of land
to be described thence continuing Southerly along said line drawn at right angles a distance of
195.0 feet; thence Westerly parallel with the Northerly line of said driveway a distance of 204.44
feet to an intersection with a line described as bearing South 20 degrees 31 minutes East and
drawn from a point on the Southerly line of Lot 4 in said Lakewood Subdivision which is
equidistance from the Southeasterly and Southwesterly corners of said Lot 4; thence Northerly
along the last described line a distance of 135.00 feet, thence Easterly parallel with the
Northerly line of said driveway a distance of 24.12 feet; thence North 19 degrees 39 minutes
West a distance of 60.00 feet to the Southerly boundary of the platted driveway, thence Easterly
Lakewood Subdivision Special Service Area, Page 2
along the Southerly line of said driveway a distance of 180.32 feet to the place of beginning, in
McHenry County, Illinois
together with:
(Southerly Part of PIN 09-22-452-017)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at a point which is 99.4 feet West from a
point which is South 0 degrees, 28 minutes West, 80 feet from the Southeast corner of Lot 9 in
Lakewood Subdivision in Section 22 aforesaid, according to the plat thereof recorded July 12,
1920 as Document No. 48171, in Book 4 of Plats, page 17, thence South 50. 0 feet; thence South,
83 degrees, 06 minutes West, 99.9 feet; thence North 0 degrees 28 minutes West, 120.52 feet,
more or less, to a point on the Southerly line of a 20 foot driveway as recorded in Lakewood
Subdivision; thence North 68 degrees, 26 minutes East, 4.02 feet to the angle point in said
driveway; thence East on the South line of the aforementioned driveway, 96.15 feet; thence
Southerly 60 feet to the place of beginning, in McHenry County, Illinois.
together with:
(Northerly Part of PIN 09-22-452-017 and PINS 09-451-046 and -016)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8, East of the Third
Principal Meridian described as follows: Beginning at the Southwest corner of Lot 10 in
Lakewood Subdivision according to the plat thereof recorded July 12, 1920 as Document No.
48171, in Book 4 of Plats, Page 17 and running thence Northerly 150 feet, more or less, along
the West line of said Lot 10 and the West line of said Lot 10 extended, to the Shore ofMcCullom
Lake; thence Westerly along the Shore of McCullom Lake to an intersection with an extension of
the Easterly line of Lot 11 in said Lakewood Subdivision; thence Southeasterly along said last
described line to the Southeasterly corner of said Lot 11, also being a point on the Northerly line
of the driveway as shown on said Lakewood Subdivision; thence Easterly along the Northerly
line of said driveway, a distance of 50 feet, more or less, to an angle point; thence continuing
along the Northerly line of said driveway, a distance of 100 feet, more or less, to the Point of
Beginning, in McHenry County, Illinois.
together with:
(PINS 09-22451-037 and —038)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the Southwest corner of Lot 8 of
Lakewood Subdivision, being a Subdivision of part of the said Southeast Quarter, according to
the plat thereof recorded July 12, 1920 as Document 48171; thence Westerly along the Westerly
extension of said Lot 8, a distance of 30 feet to the Southeast corner of Lot 9 in said Lakewood
Subdivision; thence Northerly along the Easterly line of said Lot 9 to the waters edge of
McCullom Lake; thence Easterly along said waters edge to the Northwesterly corner of said Lot
Lakewood Subdivision Special Service Area, Page 3
8; thence Southerly along the Westerly line of said Lot 8, to the place of beginning, in McHenry
County, Illinois.
WHEREAS, the Area is compact and contiguous and is totally within the corporate limits
of the City of McHenry, McHenry County, Illinois (the "City");
WHEREAS, the Area is currently served by private septic systems and it is the desire of
the Area residents to have the City sanitary system extended into the Area, connect homes to the
City sanitary sewer system, abandon their septic systems and pay all required capital
development and sewer connection fees ("Services");
WHEREAS, the Area will benefit specifically from the Services to be provided, which
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;
WHEREAS, in connection with the Services the City will have a Plat of Easement for the
future maintenance of the sanitary sewer main extension prepared;
WHEREAS, it is in the public interest that the City levy taxes (the "Taxes") in an amount
sufficient to provide revenues required for the purpose of paying a portion of the cost of
providing the Services;
WHEREAS, it has been determined by the Mayor and City Council that the Taxes, to be
levied upon taxable property within the Area, shall be $723.41 annually for each of the following
25 improved parcels contained therein, in addition to all other taxes permitted by law:
Parcel Nos.: 09-22-451-003; 09-22-451-004; 09-22-451-005; 09-22-451-006; 09-22-
451-007; 09-22-451-008; 09-22-451-009; 09-22-451-011; 09-22451-012; 09-22451-013; 09-
22-451-014; 09-22-451-015; 09-22-451-016; 09-22-451-017; 09-22-451-021; 09-22451-023;
09-22451-024; 09-22-451-025; 09-22-451-026; 09-22451-028; 09-22-451-029; 09-22-451-030;
09-22451-046; 09-22-452-017; 09-22-452-034
WHEREAS, on July 7, 2003, the Mayor and City Council passed Ordinance No. 03-
1156, which established the original Special Service Area Number 4 for the Area to provide the
Services. Ordinance No. 03-1156 called for the levy of an ad valorem tax unlimited as to rate or
amount. It is the intent of the Mayor and City Council to repeal Ordinance 03-1156 upon the
passage of an ordinance ratifying and establishing Special Service Area Number 4A imposing an
annual tax per improved parcel in the amount of $723.41 for twenty years.
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.
Lakewood Subdivision Special Service Area, Page 4
SECTION 2: That a public hearing shall be held at 7:30 p.m. on the 17'h day of October,
2005, at the McHenry Municipal Building, 333 South Green Street, McHenry, Illinois to
consider the establishment of Special Service Area Number 4A for the Area for the purpose of
providing the Services, as fully 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 shall be given by publication and mailing. Notice by
publication shall be given by publishing at least once, but not less than 15 days prior to the
October 17, 2005, public hearing in the Northwest Herald, the same being a newspaper having a
general circulation within the City. Notice by mailing shall be given by depositing the Notice in
the United States mail 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 in substantially the following form:
Notice of Public Hearing
City of McHenry, McHenry County, Illinois
Special Service Area Number 4A
NOTICE IS HEREBY GIVEN that at 7:30 p.m., on the 17'h day of
October, 2005, at the McHenry Municipal Building, 333 South Green Street,
McHenry, Illinois, a public hearing (the "Hearing") will be held by the City
Council of the City of McHenry, McHenry County, Illinois (the "City"), to
consider the establishment of Special Service Area Number 4A of the City
consisting of the following described territory (the "Area"):
(PINS 09-22451-028, -029 and - 030)
The Westerly 294.0 feet (measured along the northerly and southerly lines thereof) of that part of
the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal
Meridian, described as beginning at the Southeast corner of the private park in Lakewood
Subdivision (document No. 48171) in the Southeast corner of said Section 22 which is adjacent
to Lot I in said Subdivision; thence North 79 degrees, 05 minutes East, 381.8 feet, more or less,
to a point in the Westerly right of way line of the Chicago and Northwestern Railway, which is
804.3 feet Northwesterly from the intersection of said Westerly right of way line with the South
line of the Southeast Quarter of said Section 22; thence Northwesterly along said Westerly right
of way line, 119.8 feet; thence South 79 degrees West, 392.5 feet to a point which is North 16
degrees, 05 minutes East, 119.4 feet from the corner of beginning, thence South 16 degrees, 05
minutes West, 119.4 feet to the corner of beginning, in McHenry County, Illinois.
together with:
(PIN 09-22-451-044)
Lakewood Subdivision Special Service Area, Page 5
Beginning at a point on the Southeasterly corner of the private park which adjoins Lot 1 of
Lakewood Subdivision being a subdivision of the said Southeast Y4 of said Section 22 according
to the plat thereof recorded July 12, 1920 as Document 48171, in Book 4, of Plats Page 17,
thence Northwesterly along the Easterly line of said park to the most Northerly part of said park;
thence Easterly along the South line of the premises conveyed by Kenneth C. Petersen to Brand
Ice Company by Quit Claim Deed recorded in McHenry County, Illinois as Document No.
526174 a distance of 25 feet to the most Easterly corner of said premises conveyed to Brand Ice
Company; thence South on a straight line a distance of 119.4 feet to the Point of Beginning in
McHenry County, Illinois.
together with:
(PIN 09-22-451-039)
The private park as shown on the Plat of Lakewood Subdivision, according to the Plat thereof
recorded July 12, 1920 as Document No. 48171, in Book 4 of Plats, page 17 in the Recorder's
Office of McHenry County, Illinois, and which private park lies East of and which adjoins Lot I
in said Subdivision, and which park runs from the water's edge of McCullom Lake to the North
line of said driveway, and which park is 30 feet wide at its most Southerly point, in McHenry
County, Illinois.
together with:
(PINS 09-22-451-026, -025, -024, -023, -022, -021, -020, -019, -018, -017, -048, -047, -003, -
004, -005, -006, -007, -008, -009, -011, -012, -013, -014 and -015)
Lots 1 through 23, inclusive, in Lakewood Subdivision, being a Subdivision of part of the
Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded July 12, 1920 as Document No. 48171, in Book
4 of Plats, page 17, in McHenry County, Illinois.
together with:
(PIN 09-22-452-034)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third
Principal Meridian, bounded by a line described as follows: Commencing at the Southeast
corner of the part East of and adjoining Lot 1 in Lakewood Subdivision, being a Subdivision of
part of the Southeast Quarter of said Section 22, as per the Plat thereof recorded July 12, 1920
as Document No. 48171; thence Southerly along a line drawn at right angles to the Northerly
line of the driveway as shown on said Plat, being also the Southerly line of Lots 1 through 6 and
said park in said Subdivision, a distance of 20.0 feet for a place of beginning of the tract of land
to be described thence continuing Southerly along said line drawn at right angles a distance of
195.0 feet; thence Westerly parallel with the Northerly line of said driveway a distance of 204.44
feet to an intersection with a line described as bearing South 20 degrees 31 minutes East and
Lakewood Subdivision Special Service Area, Page 6
drawn from a point on the Southerly line of Lot 4 in said Lakewood Subdivision which is
equidistance from the Southeasterly and Southwesterly corners of said Lot 4; thence Northerly
along the last described line a distance of 135.00 feet, thence Easterly parallel with the
Northerly line of said driveway a distance of 24.12 feet, thence North 19 degrees 39 minutes
West a distance of 60. 00feet to the Southerly boundary of the platted driveway; thence Easterly
along the Southerly line of said driveway a distance of 180.32 feet to the place of beginning, in
McHenry County, Illinois
together with:
(Southerly Part of PIN 09-22-452-017)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at a point which is 99.4 feet West from a
point which is South 0 degrees, 28 minutes West, 80 feet from the Southeast corner of Lot 9 in
Lakewood Subdivision in Section 22 aforesaid, according to the plat thereof recorded July 12,
1920 as Document No. 48171, in Book 4 of Plats, page 17, thence South 50. 0 feet; thence South,
83 degrees, 06 minutes West, 99.9 feet, thence North 0 degrees 28 minutes West, 120.52 feet,
more or less, to a point on the Southerly line of a 20 foot driveway as recorded in Lakewood
Subdivision; thence North 68 degrees, 26 minutes East, 4.02 feet to the angle point in said
driveway, thence East on the South line of the aforementioned driveway, 9615 feet, thence
Southerly 60 feet to the place of beginning, in McHenry County, Illinois
together with:
(Northerly Part of PIN 09-22-452-017 and PINs 09-451-046 and -016)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8, East of the Third
Principal Meridian described as follows: Beginning at the Southwest corner of Lot 10 in
Lakewood Subdivision according to the plat thereof recorded July 12, 1920 as Document No.
48171, in Book 4 of Plats, Page 17 and running thence Northerly 150 feet, more or less, along
the West line of said Lot 10 and the West line of said Lot 10 extended, to the Shore ofMcCullom
Lake; thence Westerly along the Shore ofMcCullom Lake to an intersection with an extension of
the Easterly line of Lot 11 in said Lakewood Subdivision; thence Southeasterly along said last
described line to the Southeasterly corner of said Lot 11, also being a point on the Northerly line
of the driveway as shown on said Lakewood Subdivision; thence Easterly along the Northerly
line of said driveway, a distance of 50 feet, more or less, to an angle point; thence continuing
along the Northerly line of said driveway, a distance of 100 feet, more or less, to the Point of
Beginning, in McHenry County, Illinois
together with:
(PINs 09-22-451-037 and - 038)
That part of the Southeast Quarter of Section 22, Township 45 North, Range 8
East of the Third Principal Meridian, described as follows: Beginning at the
Lakewood Subdivision Special Service Area, Page 7
Southwest corner of Lot 8 of Lakewood Subdivision, being a Subdivision of part of
the said Southeast Quarter, according to the plat thereof recorded July 12, 1920
as Document 48171; thence Westerly along the Westerly extension of said Lot 8, a
distance of 30 feet to the Southeast corner of Lot 9 in said Lakewood Subdivision;
thence Northerly along the Easterly line of said Lot 9 to the waters edge of
McCullom Lake; thence Easterly along said waters edge to the Northwesterly
corner of said Lot 8; thence Southerly along the Westerly line of said Lot 8, to the
place of beginning, in McHenry County, Illinois
The Area is commonly known as Lakewood Subdivision. An accurate
map of the Area is on file in the Office of the City Clerk and is available for
public inspection.
The purpose of the establishment of Special Service Area Number 4A is to
provide sanitary sewer service to the Area, including payment of a portion of all
costs of extending sanitary sewer service and payment of required capital
development and sewer connection fees.
A direct annual tax shall be levied by the City on each of the following
twenty-five improved parcels within the Area in the amount of $723.41 annually,
in addition to all other taxes permitted by law:
Parcel Nos.: 09-22-451-003; 09-22-451-004; 09-22451-005; 09-22-
451-006; 09-22-451-007; 09-22451-008; 09-22451-009; 09-22451-011; 09-22-
451-012; 09-22-451-013; 09-22-451-014; 09-22-451-015; 09-22-451-016; 09-22-
451-017; 09-22-451-021; 09-22-451-023; 09-22451-024; 09-22451-025; 09-22-
451-026; 09-22-451-028; 09-22-451-029; 09-22-451-030; 09-22-451-046; 09-22-
452-017; 09-22-452-034
All interested persons affected by the establishment of Special Service
Area Number 4A may file with the City Clerk written objections to and may be
heard orally in respect to any issues embodied in this notice. The Mayor and City
Council shall hear and determine all protests and objections at the hearing, and the
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 5 1 % of the electors residing within Special
Service Area Number 4A and by at least 5 1 % of the owners of record of the land
included within the boundaries of Special Service Area Number 4A is filed with
the City Clerk within 60 days following the final adjournment of the public
hearing objecting to the creation of Special Service Area Number 4A, the levy or
imposition of a tax for the provision of special services to Special Service Area.
Number 4A, or to a proposed increase in the tax rate, no such Special Service
Area Number 4A may be created, or tax may be levied or imposed or rate
increased.
Lakewood Subdivision Special Service Area, Page 8
Upon the City Council finding that the petition referenced in the preceding
paragraph was not filed with the City Clerk and upon the City Council adopting
an ordinance ratifying and establishing Special Service Area 4A, the City Council
shall adopt an ordinance repealing Ordinance No. 03-1156, which adopted the
original Special Service Area No. 4.
By order of the Mayor and City Council of the City of McHenry,
McHenry County, Illinois.
Dated this 3& day of September, 2005.
/signed/ City Clerk Janice C. Jones
City of McHenry
McHenry County, Illinois
SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 7: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
PASSED AND APPROVED THIS 3RD DAY
Voting Aye: SANTI, GLAB, SCHAEFER,
Voting Nay: NONE
Absent: NONE
Abstain: NONE
(SEAL)
ATTEST:
Passed: /0 Y 3
Approved:
OF OCTOBER, 2005
MURGATROYD, WIMMER, PETERSON, CONDON
APPROVED:
ayor Susan E. Low
Lakewood Subdivision Special Service Area, Page 9