HomeMy WebLinkAboutOrdinances - ORD-06-1338 - 09/25/2006 - PROPOSE ESTABLISHMENT SSA #9r
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF BACKUP SPECIAL SERVICE
AREA #9 IN THE CITY OF MCHENRY, ILLINOIS, AND THE LEVY OF TAXES FOR THE
PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR
SUCH AREA IF THE HOMEOWNERS ASSOCIATION FAILS TO PROVIDE SAID
SERVICES
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:
Count ies 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", 35 ILCS 200/27-35, as amended, and pursuant to the Revenue Act of 1939 of
the State of Illinois, as amended; and
WHEREAS, it is in the public interest that the establishment of the area hereinafter described
as a backup special service area for the purpose set forth herein be considered (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, Cunat, Inc. (the 'Developer") will develop land, called the Patriot Estates
Subdivision, which has been annexed to the City, which said subdivision is located at:
THE EAST SIDE OF CRYSTAL LAKE ROAD AND IMMEDIATELY SOUTH OF THE
CHURCH OF HOLY APOSTLES IN THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS
WHEREAS, the property is legally described as in Exhibit A_attached hereto and incorporated
herein by reference; and
WHEREAS, the Developer will develop single-family homes, duplexes, townhomes, open
space areas, landscaping and other amenities as set forth in the Second Amendment to the Annexation
Agreement and the Declaration of Covenants for the Patriot Estates Subdivision ("Declaration"), and
WHEREAS, the Declaration establishes that the Patriot Estates Association ("Association") is
responsible for the cost and expense of maintaining the Community Areas as defined in the
Declaration ("Community Areas"), and the Landscaping as defined in the Landscape Plan; and
)WHEREAS, the future costs of maintenance of the Community Areas, and the Landscaping in
accordance with the Landscape Plan are special services which may lawfully be paid from additional
taxes upon the area; and
WHEREAS, the City intends that the Community Areas and the Landscaping be maintained in
good working order and in accordance with the Landscape Plan, subject to the availability of sufficient
funds from the: Taxes (as hereinafter defined); 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 Community Area, and the Landscaping in accordance with the
Landscape Plan in the event that the Association fails to maintain said areas; and
WHEREAS, the Area will benefit specifically 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 interests of the City that the establishment of the Area be
considered; and
WHEREAS, it is in the public interest that taxes be levied by the City at a rate or amount of
tax 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 to be determined, of the value as
equalized or assessed by the McHenry County Assessor's Office of all taxable property in the Area, in
addition to all other taxes permitted by law.
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.
Section 2. That a public hearing shall be held at 7:30 o'clock P.M. on the 61h day of
November 2006, at the City Hall, McHenry, Illinois, (the "Hearing"), to consider the establishment of
the Area and for the purpose of providing the Services described in the Notice of Public Hearing set
forth in Section 8 hereof (the 'Notice") and to consider the tax levy described in the Notice.
Section 3. That notice of the Hearing shall be given by publication and mailing. Notice
by publication shall be given at least once, not less than 15 days prior to the Hearing on November 6,
2006, in the Northwest Herald, the same being a newspaper of 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 clays
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:
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NOTICE OF PUBLIC HEARING
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA NUMBER 9
NOTICE IS HEREBY GIVEN that on November 6, 2006 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 9 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 EAST SIDE OF CRYSTAL LAKE ROAD AND IMMEDIATELY SOUTH OF THE
CHURCH OF THE HOLY APOSTLES 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 9 is to provide a
backup method of financing special 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 9, in an amount to be determined.
All interested persons affected by the establishment of said Special Service Area Number 9
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.
By order of the Mayor and City Council of the City of McHenry, McHenry County, Illinois.
Dated this day of 2006.
City Clerk, City of McHenry
McHenry County, Illinois
Section 5. That all ordinances, orders and resolutions 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 CITY COUNCIL of the City of McHenry, Illinois, at a
regular meeting thereof held on the 25"' day of September, 2006, and approved by me as Mayor on the
same day.
AYES SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON.
NAYS NONE
ABSENT C9N9aN-
Attest:
J ce . Jones, Vity k
C'ty of M He.
u an E. Low, Mayor,
City of McHenry
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Exhibit A _ 1
Legal Description of the SUBJECT PROPERTY
PARCEL A:
THAT PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11
MINUTES 3 6 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 4, 1294.30 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05
SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE PLACE OF
BEGINNING: THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG A
LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 1294.74 FEET; THENCE SOUTH 89
DEGREES 00 MINUTES 54 SECONDS WEST ALONG ALINE 100.00 FEET NORTH OF AND
PARALLEL, TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,
752.89 FEET TO A POINT ALONG THE EASTERLY RIGHT OF WAY LINE OF CRYSTAL
LAKE ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 57 SECONDS EAST ALONG
SAID RIGHT OF WAY LINE, 1805.79 FEET; THENCE SOUTH 52 DEGREES 30 MINUTES 47
SECONDS :EAST , 896.71 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
NORTHERLY WITH A RADIUS OF 833.00 FEET, AN ARC LENGTH OF 353.30 FEET, SAID
ARC HAVING A CHORD BEARING OF SOUTH 64 DEGREES 39 MINUTES 48 SECONDS
EAST ANI) A CHORD LENGTH OF 350.66 FEET; THENCE SOUTH 07 DEGREES 51
MINUTES 14 SECONDS WEST, 700.35 FEET TO THE PLACE OF BEGINNING,
CONTAINING 41.049 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS,
PARCEL B:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER
OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,1294.30
FEET; THE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 4,100.01 FEET FOR THE PLACE OF BEGINNING: THENCE NORTH 07 DEGREES
51 MINUTES 14 SECONDS EAST, 700.35 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET, AN
ARC LENGTH OF 271.35 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 86
DEGREES 08 MINUTES 45 SECONDS EAST AND A CHORD LENGTH OF 270.15 FEET;
THENCE NORTH 84 DEGREES 13 MINUTES 46 SECONDS EAST, 207.57 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 233.00
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Legal Description of the SUBJECT PROPERTY, cont.
FEET, AN ARC LENGTH OF 186.49 FEET, SAID ARC HAVING A CHORD BEARING OF
SOUTH 72 DEGREES 50 MINUTES 27 SECONDS EAST AND A CHORD LENGTH OF 181.55
FEET; THENCE NORTHEASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 190.34 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 72 DEGREES 18 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 186.30 FEET; THENCE SOUTH 01 DEGREES 50
MINUTES 18 SECONDS EAST, 66.29 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN
ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 79
DEGREES 45 MINUTES 05 SECONDS EAST AND A CHORD LENGTH OF 41.09 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 17 SECONDS EAST, 89.95 FEET; THENCE
EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 450.00 FEET,
AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 84
DEGREES 56 MINUTES 52 SECONDS EAST AND A CHORD LENGTH OF 173.16 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 28 SECONDS WEST, 668.49 FEET TO .A POINT
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE
SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG SAID SOUTH LINE,1223.53
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST, 100.01 FEET TO
THE PLACE OF BEGINNING, CONTAINING 20.430 ACRES MORE OR LESS, ALL IN
McHENRY COUNTY, ILLINOIS.
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL. MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS
WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
70.77 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS EAST, 668.49 FEET;
THENCE WESTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY
WITH A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING
A CHORD 13EARING OF NORTH 84 DEGREES 56 MINUTES 52 SECONDS WEST AND A
CHORD LENGTH OF 173.16 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 17
SECONDS WEST, 89.95 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 79 DEGREES 45 MINUTES 05 SECONDS
WEST AND A CHORD LENGTH OF 41.09 FEET; THENCE NORTH 01 DEGREES 50
MINUTES 18 SECONDS WEST, 66.29 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 11
SECONDS WEST, 301.56 FEET; THENCENORTH 00 DEGREES 02 MINUTES 28 SECONDS
EAST, 249.32 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89
DEGREES 06 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 494.20
FEET; THE NORTH 89 DEGREES 16 MINUTES 26 SECONDS EAST ALONG THE
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Legal Description of the SUBJECT PROPERTY, cont.
NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 3,1034.96 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF
THE CHICAGO & NORTHWESTERN RAIL ROAD COMPANY; THENCE SOUTH 29
DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAID RIGHT OF WAY LINE,1337.83
FEET; THENCE SOUTHERLY ALONG THE SAID RIGHT OF WAY LINE, SAID LINE BEING
A CURVE CONCAVE EASTERLY WITH A RADIUS OF 5617.53 FEET, AN ARC LENGTH OF
180.94 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17
MINUTES 00 SECONDS WEST AND A CHORD LENGTH OF 180.93 FEET, TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 18 MINUTES 05 SECONDS
WEST ALONG THE SAID SOUTH LINE, 306.06 FEET TO THE PLACE OF BEGINNING,
CONTAINING 27.879 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS,
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