HomeMy WebLinkAboutOrdinances - ORD-06-1350 - 11/13/2006 - ESTABLISH SSA #10 OAKS AT IRISH PRAIRIE,-4 . ,!
A M
ORDINANCE NO. ORD-06-1350
AN ORDINANCE ESTABLISHING
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA #10
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 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, Town and Country Homes, a K. Hovnanian Company, (the "Developer")
will develop land called the Oaks at Irish Prairie Subdivision, which has been annexed to the
City, which subdivision is located at:
THE WEST SIDE OF BAREVILLE ROAD (GREEN STREET), EAST OF TONYAN
INDUSTRIAL PARK, AND EAST OF THE PRAIRIE POINTE AND MORGAN HILL
SUBDIVISIONS, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the property is legally described in Exhibit A attached hereto and
incorporated by reference: and
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 Oaks at
Irish Prairie 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, the cost of providing the Services will be an amount determined by the City
Council to adequately pay for the expenses associated with the maintenance work to be done; 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, at a rate not to exceed that necessary
to adequately pay for the expenses associated with the maintenance work to be done, per the
2
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 #10 was adopted by the City Council on July 10, 2006; and
WHEREAS, after notice duly published and mailed to taxpayers of record, the City
Council held a public hearing on September 11, 2006 concerning the establishment of SSA #10;
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 #10 and there were no objections to the
establishment of SSA #10, nor did the City receive any written objection to the adoption of SSA
#10.
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 #10 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 #10 is hereby established and shall consist of the territory described in
Exhibit A.
SECTION 4: The City of McHenry Special Service Area #10 is established to provide for
a backup method of payment to provide for the maintenance of the Common Areas, entry
3
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 #10 is provided
for in an Annexation Agreement adopted by the City on August 19, 2005. Pursuant to that
Annexation Agreement, the City of McHenry Special Service Area #10 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 that necessary to adequately pay for the
expenses associated with the maintenance work to be done, per the 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 January 12, 2007.
PASSED THIS 13TH DAY OF NOVEMBER 2006.
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
APPROVED THIS 13TH DAY OF NOVEMBER 2006
ATTEST:
CITY CLERK
MAYOR
4
FXHTRIT A
Legal Description of the Subject Property
PARCEL 1:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
McHENRY COUNTY, ILLINOIS.
ALSO
PARCEL 2:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
McHENRY COUNTY, ILLINOIS.
ALSO
PARCEL 3:
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11
LYING WESTERLY OF THE CENTERLINE OF BARREVILLE ROAD, IN TOWNSHIP
44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN McHENRY
COUNTY, ILLINOIS.
ALSO
PARCEL 4:
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
McHENRY COUNTY, ILLINOIS.
ALSO
PARCEL 5:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
ALSO THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 11 ALL LYING WESTERLY OF THE CENTERLINE OF
BARREVILLE ROAD, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS.
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FO * cl O%t2 LLt-, STD? S13dUdSM3N 1S3MHi�iON 22:PT 900E—�,—cES
TPUQLIC NQ l ICE
All persona affected by the proposed fomlation of
NOTICE OF POFIL JC HEARINQ 019 TFf€
PROFO ED ESTABLISHMENT CIF SPECIAL
trio Clly, of McHonry Special Service Area No, 10
will ne given of opportunity boundaries be heard regarding
at and line then l
SLMVIC'E AREA NUMBER 10 Fr)n THE
OAKS AT 1€IISH PRAIRIE StlF�C IVNION AND
Serythe )one Araation
cefto (if r of fh
Area and may o. 10 to (lie formation of the
Special Service Area No. 10 and the levy of taacos
Special
Tl Hf' LEVY OF A SPECIAL TAX THEREFORE
against the Area.
)N THE CITY QF RMCHEAj
NOTICE lu HEREBY GIVEN that on Mandgy,
IV
CEr S
The purpose of the lormation of the City of
McHenry Special Service Area No 10 In goneral is
-eprc 200Ei, al p.m. In the City of
to vrovlde special municipal services to one Area,
�4cttanry, City Hall, :130 South Green Street
including, but not limited to:
McHt,nry, Illinois, 60050, a public hearing will be
he(cl by Ilia Moyor and the tatty Goundi (the "00rrr4-
1. To finance sperial municipal scFvice,s as a
rate Authnrlttes") QI 1119 City of McHenry, nn Ililnols
�'tUnldpal Corporstlan (Ilie 'City"), to consider lorm-
back-up moosure to die private "Homeowner's As-
insure
mg nno ostablishin? a Special Service Area No, 10
sociation" assessment to the continued
maintenance of the private subdivision ienprove;
consistlnq of, the lol owing dascribad territory'
i
ments, Including Ine conservation easement, open
space, landscaping, and other amenities as provld-
PARCEL 1;
ed in the Oaks at Irish Prairie Annexation Agree -
THE SOUTHEAST QUARTER 01= THE NORTF�
ment dated August 29, 2005 recorded as (Document
W ST QUARTER OF SECTION 11, TOWNSHIP
No, 2005 F10079849 this agreement.
4,4 NORTI-t, RANCIE 6 EAST OF THE ThfiRD PRIN
CIF,AL MERIDIAN, N McHENRY COUNTY, ILLI-
2, Administration and Inspection of the Items do-
NniS.
scribed In number 1 above
ALSO
(ColJocilvely the "5peclal Services").
PARr.:EL 2,
Tho permanent tax 1d_ontilical;on numbers as-
TI IE NORZHiNEST QUARTER OFTFIf SOUTH-
signed to the Area are 14.11-1R0-013, 14.11.300-
WE T QUARTER OF SEGTION 11, TOW142111P44
001, 14.11.300-008, 14.11.40 -004 and 14-11-
NOR T H, RANGE 8 EAST OF THE THIRD PRINCI-
900-003.
PA.I. ME111DIAN, N McHENRY COUNTY, ILLINOIS
Under rio circumstances shall the provision of
At� 0
such Special Services by the City or its contractors,
which may be undertaken by Me City In ITS sole tlis-
FARCE( S.
THE N09THEAST QUARTER OF THE SOUTH
cr96on without any obligation to do so, oonstltule an
acceptance of any personal progeny or real proper-
vJFST QUARTER OF SECTION 11 LYING WEST-
ty within the Area by the City.
ty
FRLY OF TFIE CPNTERI,INE OF BARREVILLF
hfDAD. IN TOWNSHIP 44 NORTH,
The nature of the Special Services Is mainte-
RANGE 8 EAST OF THE THIRD PRINCIPAL
nance and the proposed term of the Special Service
MEnIDIAN IN McI-IENRY COUNTY, ILLINOIS.
Area would ae perpr^tual.
Al-3 0
A Special Service Aroa tax will be considered at
the public; hearingg', to tro levied annually and not sx-
rAPG�L A,
THE S'71,JTI-iWEST QUARTER OF THE SOUTH-
of asa4aeed
valeoeea rate of line percent be per inn against the real,
talus, as equalized, to be levied o
WEST DUAR FER OF SECTION 11, TOWNSHIP
•1,1 n RTH, RANGE A EAST OF THE THIRD PRIN-
t0
prop e-
taxable properly INo.10d within the proposed �pe-
clal Service Area No. 10.
6F"AL NIPRIDIAN, IN McHENRY COUNTY, iLLI
1%1013).
At the public hearing„all interested porwris af-
lected by the formation of the proposed Special
ALSO
Service Area, Including all pemom; owning t%xvble
real estalo therein rand electors, will be given an op -
PARCEL S;
THAT PART OF TH1 SOUTHEAST QUARTER
portunity to be heard. The hearing may be ad -
)oumed by the Corporate Authorities of the City of
Of THE SOUTHWEST QUARTER ALSO THAT
McHonry without further notice to another date oih-
PART aFF THE SDU T HWEST QUARTf n OF THE
er than a motion to be ontered upon the mimjtea of
SOUTHEAST QUARTER OF SECTION 11 ALI_ LY-
its meeting fixing the time and place of its adjourn-
ING WESTERLY OF THE CENTERLINE OF BAR.
Mont,
F1EVILLE 90AD, TOWNSHIP A4 NORTH, RANGE:
8 FAST OF THE THIRD FfjINCIPAL MERIDIAN, IN
if a pGlition signed by at feast 51 percent of the
McHENRY COUNTY, ILLINOIS,
electors rrsiding within the proposed Special Sor-
n
Exvludinq Parcel 10 as Idenlilled on the Final Flat
l 1
ludincloP
vice Area and by at Icast ai percent of he owneirs
of record of the land Included within line Area Is filed
of ,Su roc Oaks er Irish Pre fie l 1.
with Ihe City of McHenry City Cler1: within 60 days
ioilowing the final adjournment of tax, nd .such aV,e_.
r�11rr tivoly the "Area". )
vial service area may be created or tag levled er m-
The Aran consists of approxlmatnly 184.0 +l
posed.
nor s, is presently vacgnt and located west of Bar•
of (3racy
An accurate map of ilia Area is on ilia with the
rrlvilh, Road approximately 0.5 mile nonh
Stalopark Road in the City of
City and available for inspection bythe public,
.Rna i and near
A copy of this Public Nollce will be filed with the
McHenry and is commonly known as the Oaks at
McHenry County Clerk's Office and recorded with
Irish Pralde subdivisl0n,
the McHenry County Recorder's Office,
Dated this 251h day of August, 2006.
Janice .Jones
City Ciork
City of McHon
�Published In the Northwest Herald August 2 .
006),
SO'd 09Gi7 ST8 Sa3dUdSMEIN 1SEIMH_L�JON j%2:6T 900Z—LO—d3S
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 10 in the City of McHenry was served by depositing in the United States
mail the Notice addressed to the persons identified in Exhibit 1 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
Noti was mailed not less than 10 days prior to the time set for the Hearing.
Thomas R. Burney
Filed by:
Thomas R. Burney
Schain, Burney, Ross & Citron, Ltd.
222 North LaSalle, Suite 1910
Chicago, Illinois 60601
Subscribed and sworn to
before me this�p ay
of August, 2006.
�J
Notary/Pub ie 'OFFICIAL SEAL"
Carolyn 1. Wrikel
Notary Fuoi,, Statc of Illinois
MyCumrils,,ionhp 10/21,2007
EXHIBIT 1
Service List
Hovstone Properties Illinois L.L.C.
d /b / a Town & Country Homes
1806 S. Highland Avenue
Lombard, Illinois 60148
Attention: Mark Fields
National Developers, Inc.
12 Salt Creek Lane, Suite 200
Hinsdale, Illinois 60521
Attention: Peter J. Brennan
Northern Trust Company
c/o Cowlin and Cowlin
5447 W. Bull Valley Road
McHenry, Illinois 60050
Attention: James S. Cowlin
Northern Trust Company, Trust No. 18644
50 South LaSalle Street
Chicago, Illinois 60603