HomeMy WebLinkAboutOrdinances - ORD-08-1425 - 06/02/2008 - ESTABLISH SSA #11 GILGER PROPERTYORDINANCE NO ORD4W1425
AN ORDINANCE ESTABLISHING
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
SPECIAL SERVICE AREA #22
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," 35 ILCS 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 backup 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, Cunat Inc. (the "Developer") will develop land called the Townhomes of Prairie Lakes
Subdivision, which has been annexed to the City, which 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 in Exhibit A attached hereto and incorporated by
reference; and
WHEREAS, the Developer will develop townhomes, 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 established 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
1
WHEREAS, the future costs of maintenance of the Community Areas, and the landscaping in
accordance with the Landscape Plan are special services which, when performed by the City, may
lawfully be paid from additional taxes upon the Area; 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, the City intends that the Community Areas and the landscaping be maintained in
good working order and in accordance with the Landscape Plan, and, if performed by the City, shall be
reimbursed to the City from the Taxes collected as a result of this SSA #11; and
WHEREAS, the City intends that the Taxes be utilized 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, 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; and
WHEREAS, an ordinance setting the time and date for a public hearing concerning the
establishment of SSA #11 was adopted by City Council on March 31, 2008 and known as Ordinance No.
ORD-08-1418; and
WHEREAS, after notice duly published and mailed to taxpayers of record, the City Council held a
public hearing on April 21, 2008 concerning the establishment of SSA #11; 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 Exhibit "C", respectively; and
WHEREAS, all interested persons were given an opportunity at the public hearing to speak on
the question of the creation of the SSA #11 and there were no objections to the establishment of SSA
#11, nor did the City receive any written objection to the adoption of SSA #11.
2
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 find that it is in the best interest of the public -at -large, the City of
McHenry, and the taxpayers of record in proposed SSA #11 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 #11 is hereby established and shall consist of the territory described in Exhibit A.
SECTION 4: The City of McHenry Special Service Area #11 is established to provide for a backup
method of payment to provide for the implementation, enforcement, and maintenance of all provisions
of the Landscape Plan, private paths, open space, private recreational facilities, storm water and
drainage systems, including detention basins and retention ponds, storm sewer easements, sanitary
sewer easements, and public utility easements, and, in accordance with the Landscaping Plan in the
event the Association fails to do so. The establishment of Special Service Area #11 is provided for in an
Annexation Agreement adopted by the City on October 3, 2005. Pursuant to that Annexation
Agreement, the City of McHenry Special Service Area #11 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 above -referenced Common Area improvements and landscaping 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
is 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 Area, in
addition to all other taxes permitted by law.
3
SECTION 5: This ordinance shall be in full force and effect as of June 2, 2008.
Passed and Approved this June 2"d day of June, 2008.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Peterson, Condon
Voting Nay: None
Not voting: None
Abstaining: None
Absent: Wimmer
Signed:
ayor
Attest:
►tJi+C+• Ria!
City Cluk tj
4
Exhibit A
Legal Description
Lots 1 through 10 of The Townhomes of Prairie Lakes, being a subdivision of part of the north half of the
southwest quarter of Section 3, Township 44 North, Range 8, east of the third Principal meridian, as
recorded on the plat thereon, as Document No. 2007110057499, August 22, 2007, in McHenry County,
Illinois.
5
D D
n
� o
4 o
C) N
N
LU
CD 0
S
w
w CD
v m
CD S
d CD
ch a
a m o
CD CD 3
G Cl) CD 3
CD a 0 a fD
7 cr 7 C�
U) co 7
CCL
D CD g ,. n
CD
l< � 3 y
D CD w
D D
Cn 0 - w
0 w Q y N N
O
°o N _' 0 0
CD o — w w
cn a
0 0 s
m n m
— Cv CD
:3_
O CD
(n �
o
Ch
a
sv �
d �
0
CD
CD
m
O 4W-v C70 a asams 543 a= yeas
oX S�nma '?gym 3peg�t3�
m ��o�sn�
Uc 95—$ >n293-.Sm] ��p3No
m n—$m 0. OpCp^3�'�Om
og4° a��sgsgsSeNoo3���a_-xcn'
ffi�u
j
033 ag=m3�oco8v�-
o3c0$ ao oo�n3v�3D
eg ff , Ka ff-3 9
�
ao
-35-=P _�1K�mmn'Pmm�sy.-3
Dr•; C�CJL Ngg
�C) -Qwa -o' ODCg'f Ho4nSEF^<G�
�ymoc�m ao
��C
$
St gy
^yo
41
oo�.:
'85�6 o�l4 aec �"1cm
EF
W
«3 �S--6M7ES03 ZQ�N
as-c
.3F.
pCf mOda83�
n -c
Nam' oa�'m so 3--.o 6$y$m��Q
xa 9 a �03 �,moao`
x
a3$�o�nw` °O3o3:gd�3
xd mo �y'm
c v
_
�0 _`ate-3 �?�=o cry .7i -5
m
v
C
Q
S
CD
a
CD
LD
a
v
v
v
CD <.
0 CD
m
n 0
D 3
j r CD
c
m
CD <
cr n (a
m
m 0
D s
� m
m
D 3
CD
a s
0
s
CD
0
0
C
0
2
CD
7
`z
o�
a
c
n�
CD
0
O
sv
a
0
w
0
or
CD
0
0
v
c
Q
CD
a
n�
a
7
CD
CD
Ca
c
v
`G
v
c
v
y
S
CD
a
m
/0
CA
r
iv
CD
N
a
v
W
CD
0
c
d
CA
y
.0
Ly
CD
0
ca
CD
CD
n�
n
n
C
v
0
XF
CD
0
C
lz
0
K
0
2
CD
t
CD
3
LD
—
n�
3
3
CD
c
Q
N
S
CD
0
CD
z
0
CD
in
CD
a
C-
0
c
7
fa
n
0
s
CD
m
cr
I<
mc� co N z
WOM
4jd� o;Dmm�ob'�g°v3o'oo= �o$
?0 Sn?L 6=2 GSS.w3N
<onooam!'_ !�7
o3 off m
c=•
cc>3� 3 c o � � 3 my `-' $ o cn
a 3a
3m^^m m$�a
�3m0$O �Qj Qa�mgmd a(/� O� 20. DPm
.Ong
�e=g' $=J~
$>'0.
G ara° 3 $ao3r (no 3•a3m EL oimn
4yso'�cm$'�3o?v3 �c�'omsy$�.ou0^i��
E aRM C
AFFIDAVIT OF MAILING
The undersigned, being first duly sworn, on oath deposes and states that Notice of Public
Hearing for Special Service Area Number 11 in the City of McHenry was served by
depositing in the United States mail the Notice addressed to the persons identified in
Exhibit 1, attached hereto, 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 was
mailed not less an 10 days prior to the time set for the Public Hearing.
Signed:
Title: �r s . � � - d I.W bitc.
Filed by.
ems'
Contact Name
Businessx 6-o ct,s
s Address-, I 600�a
city State zip code
Signed and Sworn to before me this 4qI+
D: S t0
(seal)
WMAME && SpffaW
NOIlIRYPALAgMOFLLPM
MY�AIOtt E811�10fA
EXHIBIT 1
SERVICE LIST
List of Name and Address of all property owners who have been served notice of the
Public Hearing held regarding the establishment of said Special Service Area:-
0
y
5u;k-f- 110
640c) W. E )rs, S4—
MACAry, 1� L %0050