HomeMy WebLinkAboutOrdinances - ORD-08-1418 - 03/31/2008 - PROPOSE ESTABLISH BACKUP SSA #11 TOWNHOMES OF PRAIORDINANCE
ORD-08-- 1418
An Ordinance proposing the establishment of a Backup Special
Service Area #11 in the City of McHenry, McHenry County,
Illinois, and to levy 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:
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", 351LCS 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 "Owner") or its successors and assigns will develop land,
called the Townhomes of Prairie Lakes Subdivision, which has been annexed to the City, which
said subdivision is located at:
The South Side of Bull Valley Road and Immediately West of the
Chicago and NW Railroad Tracks in the City of McHenry,
McHenry County, Illinois; and
WHEREAS, the property is legally described as in Exhibit A attached hereto and
incorporated by reference; and
WHEREAS, the Owner or its successors and assigns will develop twnhomes, open
space areas, landscaping and other amenities as set forth in the Annexation Agreement and the
Declaration of Covenants for the Townhomes of Prairie Lakes Subdivision ("Declaration"); and
WHEREAS, the Declaration establishes that the Townhomes of Prairie Lakes
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 Areas, 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 p.m. on the 20 day of April,
2008, at the McHenry Municipal Building, 333 South Green Street, McHenry, Illinois (the
"Hearing") to consider the establishment of the Area in the territory, and 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 of the Hearing shall be given by publication and mailing.
Notice by publication shall be given by publication at least once not less than fifteen (15) days
prior to the Hearing on April 21, 2008 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 ten (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 #11
NOTICE IS HEREBY GIVEN that at 7:30 p.m., on the 21" day of April, 2008, at the
McHenry Municipal Building, 333 South Green Street, McHenry, Illinois, a 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 #11 of the City consisting of
the following described territory (the "Area"):
The South Side of Bull Valley Road and immediately west of the
Chicago and NW Railroad Tracks 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 #11 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, in 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 #11, in an amount to be determined.
All interested persons affected by the establishment of said Special Service Area #11 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 Special Service
Area # 11 and by at least 51 % of the owners of record of the land included within the boundaries
of said Special Service Area #11 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 Special
Service Area #11, the levy or imposition of a tax for the provision of special services to said
Special Service Area #11, or to a proposed increase in the tax rate, no such backup Special
Service Area #11 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
/signed/
City Clerk
City of McHenry
McHenry County, Illinois
2008.
SECTION 5: That all ordinances, orders and resolutions and parts thereof in conflict
herewith be and the same are hereby superseded, and this ordinance shall be in full force and
effect forthwith upon its adoption and approval.
PASSED and APPROVED this 31 ST day of MARCH , 2008.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON,CONDON
Voting Nay: NONE
Not Voting: NONE
Abstaining: NONE
Absent: NONE W�ot��
yor, City of McHenry
McHenry County, Illinois
ATTEST:
City le City ,Henry
Mc my unt , Ill' ois
1000 2000 3000 feet•t-
LEGAL DESCRIPTION
OF THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES
WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN
RAILWAY COMPANY, (EXCEPTING THEREFROM THE WEST 264 FEET THEREOF AND ALSO vv��,,��,,,,��•,�
EXCEPTING ALL THAT PART THEREOF 'WHICH FALLS IN THE PLAT 1F DEDICATION OF A N BnXeHa LJ
PUBLIC HIGHWAY COMMONLY KNOWN AS BULL VALLEY ROAD, OFFICE OF MCHENRY COUNTY, &Associates, Inc.
ILLINOIS AS DOCUMENT NO. 607444) IN MCHENRY COUNTY, ILUNOIS. Copyeght 20D6, McHamy County
PROPERTY ID .! 14-03-300-005
PROPERTY ADDRESS 4910 BULL VALLEY ROAD