HomeMy WebLinkAboutOrdinances - ORD-05-1272 - 10/17/2005 - ESTABLISH SSA #4A AND LEVY TAXES TO PAY THE COST OORDINANCE NO. 0.Pn-0-5 -2721
An Ordinance Ratifying the Establishment of Special Service Area No. 4A
in the City of McHenry and to Levy Taxes for the Purpose of Paying the Cost
of Providing Sanitary Sewer Service to the Residents of Lakewood Subdivision
and Repealing Ordinance 03-1156
WHEREAS, the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Law"),
provides the manner of levying or imposing taxes for the provision of special services to areas within
the boundaries of home rule units and non -home rule municipalities and counties; and
WHEREAS, the Mayor and Aldermen (the "Corporate Authorities") of the City of McHenry,
McHenry County, Illinois, found that it was in the public interest that Special Service Area Number
4A be established and formed to provide special municipal services to real property commonly
known as Lakewood Subdivision, as depicted on Exhibit A, attached hereto and made a part hereof,
within the City of McHenry, and legally described as follows (the "Area"):
(Property Index Numbers ["PIN"] 09-22-451-028, -029 and -030)
The Westerly 294.0 feet (measured along the northerly and southerly lines thereof) of that part ofthe
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)
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'/4 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
Special Service Area No. 4A Ratification, Page 1
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 ofMcCullom Lake to the North line ofsaid
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 I 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 along the Southerly line of said driveway a distance of] 80.32
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 ofLot 9 in Lakewood
Special Service Area No. 4A Ratification, Page 2
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 ofMcCullom Lake to an intersection with an extension ofthe 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 Southwest corner of Lot 8 of Lakewood
Subdivision, being a Subdivision ofpart 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 ofMcCullom 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.
WHEREAS, the purpose of the special municipal services to the Area is to extend the City
sanitary system into the Area, connect the homes to the City sanitary sewer system and pay all the
required capital development and sewer connection fees which constitutes the special municipal
services (collectively, the "Special Services") to be provided in Special Service Area No. 4A; and
WHEREAS, the term of the proposed Special Service Area is for 20 years, with each of the
25 improved parcels of real estate in the area referenced by property identification numbers (PINS)
on the Special Service Area 4A Tax Roll, attached hereto as Exhibit B, paying an annual tax of not to
Special Service Area No. 4A Ratification, Page 3
exceed $723.41 to cover the cost of the Special Services; and
follow:
WHEREAS, the PINs located within the Area and benefiting from the Special Services
09-22-451-003
09-22-451-007
09-22-451-012
09-22-451-016
09-22-451-024
09-22-451-029
09-22-452-034
09-22-451-004
09-22-451-008
09-22-451-013
09-22-451-017
09-22-451-025
09-22-451-030
09-22-451-005
09-22-451-009
09-22-451-014
09-22-451-021
09-22-451-026
09-22-451-046
09-22-451-006
09-22-451-011
09-22-451-015
09-22-451-023
09-22-451-028
09-22-452-017
WHEREAS, the Corporate Authorities found that the Area is compact and contiguous and
constitutes a separate and distinct subdivision of the City; that the Area will benefit specially from
the Special Services to be provided; that the Special Services are 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 levy for
special taxes against said Area for the Special Services be provided; and
WHEREAS, a public hearing was held on the 17th day of October, 2005, at 7:30 p.m. in the
McHenry Municipal Building, 333 South Green Street, McHenry, Illinois, to consider the creation
and establishment of Special Service Area No. 4A of the City; and
WHEREAS, at the public hearing the Corporate Authorities considered an annual levy not to
exceed $723.41 for 20 years on the 25 improved parcels of real estate in the Area referenced by PINS
on Exhibit B. The taxes shall be levied beginning January 1, 2006 to finance the Special Services,
shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions
of the Law; and
WHEREAS, notic of the public hearing was published at least once not Iess than 15 days
prior to the public heari in one or more newspapers of general circulation in the City, specifically,
the Northwest Heralds addition, notice by mailing was given by depositing said notice in the
United States mail addressed to the 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 proposed Special Service
Area No. 4A. Said notice was mailed not less than 10 days prior to the time set for the public
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 the Area; and
WHEREAS, all persons affected by the proposed formation of the City of McHenry Special
Service Area No. 4A were given an opportunity to be heard regarding the proposed formation of and
the boundaries of the Special Service Area No. 4A and were given the right to object to the
Special Service Area No. 4A Ratification, Page 4
formation and establishment of the proposed special service area and the levy of taxes affecting the
Area within 60 days from the adjournment of said public hearing.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Incorporation of Recitals. The recitals and findings set forth above are
hereby incorporated into this Ordinance by this reference as if fully set forth herein. All defined
terms herein shall have the same meaning and definition as those defined terms set forth in the
recitals.
SECTION 2: Establishment of Special Service Area. That Special Service Area No. 4A is
hereby established consisting of the Area as legally described in the recitals of this Ordinance and
depicted on Exhibit A. The term of the Special Service Area shall be 20 years, commencing January
1, 2006.
SECTION 3: Levy of Taxes. The provision of the Special Services to the Area shall be
financed by the levy of an annual tax not to exceed $723.41 on each of the 25 improved parcels of
real estate according to the tax roll attached hereto as Exhibit B.
SECTION 4: County Filings. The City Attorney is directed to file a certified copy of this
Ordinance with the McHenry County Recorder of Deeds no later than 60 days after the date of its
adoption and thereafter with the McHenry County Clerk.
SECTION 5: Severability. 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: Repealer. In the event that no objection is filed within 60 days from the
passage of this ordinance, all ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict, including but not limited to Ordinance 03-1156, an ordinance
adopting a special service area in the City of McHenry, Illinois and the levy of taxes for the purposes
of paying the cost of providing sanitary sewer service to the residents of Lakewood Subdivision.
SECTION 7: Effective Date. This Ordinance shall be in full force and effect upon its
passage, approval and publication in pamphlet form, which is hereby authorized, as provided by law.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON.
Voting Nay: NONE
Special Service Area No. 4A Ratification, Page 5
Absent: NONE
Abstain: NONE
APPROVED:
ayor Susan E. Low
(SEAL)
ATTEST: , l�
City Clerk Janice . Jones BY
Kathleen M. Kunzer, Deputy Clerk
Passed: OCTOBER 17. 2005
Approved: OCTOBER 17, 200-S
Prepared by:
David W. McArdle, City Attorney
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
815/459-2050
pjh. McHenry. Ord I SSA4ARatify. ord
Special Service Area No. 4A Ratification, Page 6
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Special Service Area 4A Tax Roll
Description of the special services to be provided: Extension of the City of McHenry sanitary
sewer system into the Lakewood Subdivision, McHenry, Illinois (identified as the "Area' in the
Ordinance to which this Tax Roll is attached), to connect the homes in the Area to the sanitary sewer
system and pay all the required capital development and sewer connection fees (collectively, the
"Special Services").
Explanation of the method of spreading the special tax: Commencing January 1, 2006, an annual
levy in the amounts referenced below on each improved parcel of real estate identified by property
identification number below in the Area for 20 years to finance the Special Services. Said tax is in
addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Law.
List of parcels of land and assessment of levy:
Property Identification Number (P
Assessment
09-22-451-003
$723.41
09-22-451-004
$723.41
09-22-451-005
$723.41
09-22-451-006
$689.91
09-22-451-007
$689.91
09-22-451-008
$723.41
09-22-451-009
$689.91
09-22-451-011
$723.41
09-22-451-012
$689.91
09-22-451-013
$723.41
09-22-451-014
$689.91
09-22-451-015
$689.91
09-22-451-016
$689.91
09-22-451-017
$723.41
09-22-451-021
$723.41
09-22-451-023
$723.41
09-22-451-024
$723.41
09-22-451-025
$689.91
09-22-451-026
$689.91
09-22-451-028
$542.85
09-22-451-029
$723.41
09-22-451-030
$542.85
09-22-451-046
$723.41
09-22-452-017
$723.41
09-22-452-034
$689.91
Exhibit B to
Ordinance No. ' Ratifying the
Establishment of Special Service Area 4A
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