Ordinance 2006-155 r
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ORDINANCE NO.. 2007 % C,>S
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2006 -119
(SUNFLOWER ESTATES) IN THE
UNITED CITY OF YORKVILLE AND PROVIDING FOR
OTHER PROCEDURES IN CONNECTION THEREWITH
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS:
Section 1. Authoritv. The United City of Yorkville, Kendall County, Illinois (the
is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of
Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS
200/27 -5 et seq. (the "Act "), which provides, inter alia, the manner of levying or imposing taxes
and issuing bonds for the provision of special services to areas within the boundaries of
municipalities and counties.
Section 2. Findinas. The City Council of the City finds and determines as follows:
a. Certain owners of record (the "Owners ") of that portion of the City
described in Exhibit A attached hereto and made a part hereof (hereinafter the " Subject
Territorv") have expressed an interest in the establishment of a back -up mechanism for
the payment of any costs of maintenance and repair of monuments, signage, landscaping
and other common area elements in the Subject Territory as further described herein; and
b. Pursuant to Section 27 -20 of the Act, the Owners have filed an application
with the City Council of the City proposing that the City establish a special service area
(the " Application"); and
C. It is in the public interest that the City Council of the City consider the
creation of a special service area for the Subject Territory; and
d. The special service area proposed for consideration is compact and
contiguous; and
e. The proposed special service area will benefit specially from the
municipal services to be provided to the area. These proposed municipal services are in
addition to municipal services provided to the City as a whole.
Section 3. Proposal. In response to the expressed interest of the Owners, the City
Council of the City hereby accepts the Application and proposes the establishment of City of
Yorkville Special Service Area Number 2006 -119 for the payment of any costs of maintenance
and repair of monuments, signage, landscaping and other common area elements in the Subject
Territory.
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Section 4. Public Hearing. A public hearing shall be held on the 23rd day of January,
2007, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to
consider the creation of the City of Yorkville Special Service Area Number 2006 -119, in the
Subject Territory.
At the hearing, the following method of financing maintenance activities within the
proposed special service area will be considered: the levy of an equal tax by the City on each
parcel of property in the proposed special service area, sufficient to produce revenues to provide
special municipal services to the proposed special service area; the maximum rate of such taxes
to be extended in any year within the proposed special service area which shall not exceed the
amount necessary to produce a maximum annual tax levy of $31,855. The special municipal
services to be provided to the proposed special service area may include the costs of maintenance
and repair of monuments, signage, landscaping and other common area elements within the
proposed special service area. This tax is to be levied upon all taxable property within the
proposed special service area.
Section 5. Notice of Public Hearina. Notice of hearing shall be published at least
once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a
newspaper of general circulation in the City. In addition, notice 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 proposed special service area. This notice shall be mailed not less than ten (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 shall be sent to the person last listed on the tax rolls prior to that year as the owner of
the property. The notice to owners of record shall be in substantially the form set forth in
Exhibit B to this Ordinance.
Section 6. Sunercede ConflictinQ Ordinances. All ordinances or parts of ordinances
in conflict with the provisions of this ordinance are repealed to the extent of such conflict.
Section 7. Effective Date. This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
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CHI2_659662.1
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PASSED by the City Council of the City this December 26, 2006.
Voting Aye (list names): a . .
Voting Nay (list names):
Abstaining (list names): —'
Absent (list names): •' • '
bF–Pol City Clerk
SIGNED by the Mayor this December 26, 2006.
Rfo4&ent P14KO2
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ATTEST:
'hSepk - City Clerk U
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Published in pamphlet form December 26, 2006.
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EXHIBIT A
Legal Description
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That part art of the South Half of section 5, Township 36 North, Range 7 East of the
Third Principal Meridian described as follows: Beginning at the Southwest Comer of
Green Briar, P.U.D., Unit 1, Yorkville, Kendall County, Illinois, thence North 88
East along the center line of Green Briar Drive,
481.87 feet to the Southeast comer of
said subdivision; thence North 88 0 39 1 12" East along said center line,
716.55 feet; thence
712.30 feet, thence
South 01 °20'48" East, 349. 99 feet; thence North 88 3912 East, �
South 01 °44'07" East, 1290.43 feet; thence South 87 °5625" West, 700.96 feet; thence
South 02 °03'35" East, 511.60 feet to the center line of Illinois State Route No. 71 ; dius of
thence westerly along said center line, being along a curve to the left, having a ra
5,055.59 feet, an arc distance of 80.0 feet,
North 02 0 03'35" West,
512.23 feet; thence
South 87 °5625" West, 760.86 feet to a line drawn South 14 0 10'22" East from the point
• of beginning; thence North 14 ° 10'22" West, 1701.70 feet to the point of beginning in the
United City of Yorkville, Kendall County, Illinois and containing 60.610 acres.
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LEGAL DESCRIPTION
That part of the South Half of Section 5, Township 36 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the most southerly Southwest confer of Sunflower
Estates, Phase 1, Yorkville, Kendall County, Illinois; thence South 14'10'22" East along the
West line of said Phase 1 extended 842.49 feet; thence North 87 ° 56'25" East 760.86 feet; thence
South 02 °03'35" East 482.23 feet; thence southwesterly along a curve to the right having a radius
of 30.0 feet, an arc distance of 46.48 feet to the northerly right -of -way line of Illinois State Route
No. 71; thence South 03 ° 17'01" East along a line radial to said northerly right -of -way line 65.0
feet to the center line of said Illinois State Route No. 71; thence easterly along said center line
107.98 feet; thence North 02 °03'35" West 511.60 feet; thence North 87 °56'25" East 341.81 feet;
thence North 02 °03'35" West 150.0 feet; thence North 87 °56'25" East 30.0 feet; thence North
02 °03'35" West 66.0 feet; thence South 87 °56'25" West 35.62 feet; thence North 01'44'07"
West 170.28 feet; thence South 87 0 56'25" West 151.16 feet; thence North 02 °03'35" West 30.0
feet, thence South 87 0 56'25" West 66.0 feet; thence South 02 °03'35" East 50.27 feet; thence
South 87 0 56'25" West 150.0 feet; thence North 01'39'12" West 617.53 feet to the Southeast
corner of Lot 83 of said Sunflower Estates; thence South 88 °39'12" West along the South line of
Lot 83, 152.28 feet to the Southwest corner thereof; thence South 01'20'48" East 30.0 feet;
thence South 88 °39'12" West 66.0 feet; thence North 01 °20'48" West 38.63 feet to the Southeast
corner of Lot 67 of said Sunflower Estates; thence South 88 °39'12" West along the South line of
said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest
corner of said Lot 66; thence southerly, along a curve to the right having a radius of 313.0 feet
which is radial to a line drawn South 78'45'40" West from the last described point, an arc
distance of 38.01 feet; thence South 85'43'10" West 66.0 feet; thence northerly along a
concentric curve to the left, having a radius of 247.0 feet, an arc distance of 30.0 feet; thence
South 78 °45'40" West 148.24 feet; thence South 00 °24'56" East 146.93 feet; thence South
89 °35'04" West 182.89 feet to the point of beginning in the United City of Yorkville, Kendall
County, Illinois.
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"Legal Description" L
State of / /linois
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County of Kendall:
/, James M, Olson, l /linois professional Land Surveyor No. 2253, employed by
James M. Olson Associates, Ltd., do hereby certify that, under the direction of
the owners thereof, /have surveyed, subdivided and platted that part of the
Southeast Ouarier of Section 5, Township 36 North, Range 7 East of the Third
Principal Meridian described as. follows: Beginning at the Southeast corner of Lot
42, Sunflower Estates, Phase 2, Yorkvil le, Kendal/ County, //linois; thence North
020335" West along the East line of sold lot 150.0 feet to the Northeast corner
thereof,- thence North 875625" East along a South line of said Phase 2, a
distance of 30.0 feet; thence North 02 0335" West along on East line of said
Phase 2, a distance of 66.0 feet; thence South 875625" West along a North line
of said Phase 2, a distance of J562 feet to the Southeast corner of Lot 106 of
said subdivision; thence North 0140'14" West along the East line of said Lot 106
and the East line of Lot 117 of said Phase 2, a distance of 170.28 feet to the
Northeast corner of said Lot 117; . thence South 875625. ". West. along. the North
line- of said Lot 117, a�� distance of 151.16 feet • to the Northwest corner thereof,•
thence North 020335 West along a West line of said Phose 2, a distance of
30,0 feet; thence South 875525" West along a North line of said Phase 2, a
distance of 66, 0 feet; thence -South 02 03;35" East along on East line of said
Phase 2, a distance of 50.27 feet to the Northeast corner of Lot 100 of said
Phase 2; thence South 875625" West along the North line of said Lot 100 and
Lot 101 of said Phase 2, a distance of 150.0 feet to the Southeast corner of Lot
77 of said Phase 2,• thence North 0139'12" West along on East line of Sunflower
Estates, Phase 1, Yorkville, Kendall County, Illinois, a distance of 71753 feet to
the Northeast corner of Lot 83 of said Phase 1; thence North 8839'12" East
along a South line of said Phase 1, a distance of 58.26 feet; thence North
0120'48" West along on Ecst line of said Phase 1, a distance of 66.0 feet;
thence South 88:Y9'12" West clang a North line of said Phase 1, a distance of
300 feet to the Southeast corner of Lot 18 of said Phase 1 thence North
0120'48" West along the East line of said Lot 18, a d /stance of 150.0 feet to the
Northeast corner thereof; thence North 88:39'12" East along a line drawn
parallel with the center line of Green Briar Road, 702.30 feet to a line drawn
parcl /el with the center line of / /linois State Route No. 47• thence South 0144
East along said parallel line 1290.43 feet to a line drawn parallel with and 766.23
feet, normally distant, northerly of the center line of Illinois State Route No. 71;
thence South 87' 5525" West along sold poral /el line 35-9.15 feet to the point of
beginning in the United City of Yorkvil le, Kendall County, Illinois as shown by the
plat hereon drawn which is o correct representation of said survey and
subdivision. All distance ore shown in feet and decimal parts thereof,
/further certify that the above described property is within the corporate l/MMS of
the United City of Yorkville, which has adopted an officio/ plan, and that no part is
within a specie/ flood hazard area as identified by the Federal Emergency
Management Agency Community Panel Map, effective date: July 19, 1982
Dated at Yorkville, Illinois
James M. Olson
l /linois Professional Land Surveyor No. 2253
James M. Olson Associates, Ltd.
107 West Madison Street
Yorkville, l /linois 60560
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EXHIBIT B
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2006 -119
(SUNFLOWER ESTATES)
NOTICE IS HEREBY GIVEN that on January 23, 2007 at 7:00 p.m. at the Yorkville
City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of
Yorkville (the " City ") to consider forming a special service area, to be called "City of Yorkville
Special Service Area Number 2006 - 119," consisting of the territory legally described in
Exhibit 1 to this Notice.
The approximate location is generally northwest of the northwest corner of Route 47 and
Route 71 in the City.
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The general purpose of the formation of the City of Yorkville Special Service Area
Number 2006 -119 is to provide special municipal services to the area which may include the
costs of maintenance and repair of monuments, signage, landscaping and other common area
elements within the proposed special service area. The special services shall include
maintenance activities only.
There will also be considered at the hearing the following method of financing
maintenance activities within the proposed special service area: the levy of an equal tax by the
City on each parcel of property in the proposed special service area, sufficient to produce
revenues to provide special municipal services to the proposed special service area; the
maximum rate of such taxes to be extended in any year within the proposed special service area
which shall not exceed the amount necessary to produce a maximum annual tax levy of $31,855,
said tax to be levied upon all taxable property within the proposed special service area.
At the hearing, all interested persons affected by the formation of such special service
area, including all persons owning taxable real estate therein, may file written objections to and
be heard orally regarding the formation of and the boundaries of the special service area and the
levy of taxes affecting the area. The hearing may be adjourned by the City Council without
further notice other than a motion to be entered upon the minutes of its meeting fixing the time
and place of its adjournment.
If a petition signed by at least 51 % of the electors residing within the City of Yorkville
Special Service Area Number 2006 -119 and by at least 51% of the owners of record of the land
included within the boundaries of the City of Yorkville Special Service Area Number 2006 -119
is filed with the City Clerk of the City of Yorkville within 60 days following the final
adjournment of the public hearing objecting to the creation of the special service area or the levy
of taxes affecting the area, no such area may be created and no such taxes may be levied or
imposed.
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Exhibit 1 to Notice
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Leval Description of Properly
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That part of the South Half of Section 5, Township 36 North, Range 7 East of the
Third Principal Meridian described as follows: Beginning at the Southwest Comer of M
• thence North 88 36 48
Green Briar, P.U.D., Unit 1, Yorkville, Kendall County, Illinois*
the Southeast comer of
East along the center line of Green Briar Drive,
481.87 fie
said subdivision; thence North 88 6 39'12" East along said center line,
716.55 feet; thence
South 01 °20'48" East, 349.99 feet, thence North 88 East, 712.30 feet; thence
South 01 °44'07" East, 1290.43 feet; the
South 87 °5fi'25" West,
700.96 feet; thence
South 02 °03'35" East, 5 11 60 feet to the center line of Illinois State Route No. 71;
thence westerly along said center line, being along a curve to the left, having a radius of
5,055.59 feet, an arc distance of 80.0 feet,
North 02 °03'35" West,
512.23 feet; thence
South 87 °56 25 / West, 760.86 feet to a line drawn South 14 0 1022" East from the point
O of beginning; thence North 14 °1022" West, 1701.70 feet to the point of beginning in the
United City of Yorkville, Kendall County, Illinois and containing 60.610 acres.
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LEGAL DESCRIPTION
That part of the South Half of Section 5, Township 36 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower
Estates, Phase 1, Yorkville, Kendall County, Illinois; thence South 14° 10'22" East along the
West line of said Phase 1 extended 842.49 feet; thence North 87 °56'25" East 760.86 feet; thence
South 02 °03'35" East 482.23 feet; thence southwesterly along a curve to the right having a radius
of 30.0 feet, an arc distance of 46.48 feet to the northerly right -of -way line of Illinois State Route
No. 71; thence South 03'17'01 " East along a line radial to said northerly right -of -way line 65.0
feet to the center line of said Illinois State Route No. 71; thence easterly along said center line
107.98 feet; thence North 02 °03'35" West 511.60 feet; thence North 87 °56'25" East 341.81 feet;
thence North 02 °03'35" West 150.0 feet; thence North 87 °56'25" East 30.0 feet; thence North
02 °03'35" West 66.0 feet; thence South 87 °56'25" West 35.62 feet; thence North 01 °44'07"
West 170.28 feet; thence South 87 °56'25" West 151.16 feet; thence North 02 °03'35" West 30.0
feet, thence South 87 °56'25" West 66.0 feet; thence South 02 °03'35" East 50.27 feet; thence
South 87 °56'25" West 150.0 feet; thence North 01 °39'12" West 617.53 feet to the Southeast
corner of Lot 83 of said Sunflower Estates; thence South 88 °39'12" West along the South line of
Lot 83, 152.28 feet to the Southwest corner thereof; thence South 01'20'48" East 30.0 feet;
thence South 88 °39'12" West 66.0 feet; thence North 01 °20'48" West 38.63 feet to the Southeast
corner of Lot 67 of said Sunflower Estates; thence South 88'39'12" West along the South line of
said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest
corner of said Lot 66; thence southerly, along a curve to the right having a radius of 313.0 feet
which is radial to a line drawn South 78'45'40" West from the last described point, an arc
distance of 38.01 feet; thence South 85 °43'10" West 66.0 feet; thence northerly along a
concentric curve to the left, having a radius of 247.0 feet, an arc distance of 30.0 feet; thence
South 78 °45'40" West 148.24 feet; thence South 00 °24'56" East 146.93 feet; thence South
89 °35'04" West 182.89 feet to the point of beginning in the United City of Yorkville, Kendall
County, Illinois.
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"Legal Description" `
State of Il /inois
: SS
County of Kendall.•
I, James M. Olson, Illinois professional Land Surveyor No. 2253, employed by
James M. Olson Associates, Ltd., do hereby certify that, under the direction of j
the owners thereof, /have surveyed, subdivided and platted that part of the
Southeast Quarter of Section 5, Township 36 North, Ronge 7 Eost of the Third
Principal Meridian described as. follows: Beginning at the Southeast corner of Lot
42, Sunflower Estates, Phase 2, Yorkville, Kendall County, Illinois; thence North
0203;35" West along the East line of said lot 150.0 feet to the Northeast corner
thereof,- thence North 875625" East along c South line of sold Phase 2, a
distance of 30.0 feet; thence North 020335" West along on East line of said
Phase 2, a distance of 66.0 feet; thence South 875625" West along a North line
Of said Phase 2, a distance of 3562 feet to the Southeast corner of Lot 706 of
said subdivision; thence North 0140'14" West along the East line of said Lot 106
and the Eost line of Lot 117 of said Phase 2, a distance of _170.28 feet to the
Northeast corner of said Lot 177; . thence South 875925". West. along. the .North
line of said Lot 117, a distance of 151.16 feet • to the Northwest corner thereof;
thence North 0203;35" West dlong a West line of said Phase 2, a distance of
30.0 feet; thence South 873625" West along a North line of said Phose 2, a
distance of 66.0 feet; thence South 0203'35" East along an East line of said
Phase 2, a distance of 50.27 feet to the Northeast corner of Lot 100 of said
Phase 2; thence South 875625" West along the North line of said Lot 100 and
Lot 101 of said Phase 2, a distance of 150.0 feet to the Southeast corner of Lot
77 of said Phase 2; thence North 0139'12" West along an East line of Sunflower
Estates, Phase 1, Yorkville, Kendall County, Illinois, a distance of 71753 feet to
the Northeast corner of Lot 83 of sold Phase 1; thence North 8839'12" Eost
along a South line of said Phase 1, a distance of 58.26 feet; thence North
0720'48" West along an Ecst line of said Phase 1, a distance of 66.0 feet;
thence South 8839'12" West along a North line of said Phase 1, a distance of
30.0 feet to the Southeast corner of Lot 18 of said Phase 1, thence North
012048" West along the Cost line of sold Lot 18, a distance of 150.0 feet to the
Northeast corner thereof; thence North 8839'12" Eost along a line drawn
parallel with the canter line of Green briar Road, 702.30 feet to a line drown
parallel with the center line of Illinois State Route No. 47,• thence South 0144
East along said parallel line 1290.43 feet to a line drown parallel with and 756.23
feet, norma lly distant, northerly of the center line of Illinois State Route No. 71;
thence South 87' 5625" West along sold parallel line 359.15 feet to the point of
beginning in the United City of Yorkville, Kendall County, Illinois as shown by the
p /at hereon drown which is a correct representation of said survey and
subdivision. All distance are shown in feet and decimal ports thereof.
/ further certify that the above described property is within the corporate lit its of
the United City of Yorkville, which has adopted on official plan, and that no part is
within o special flood hazard area as ident /tied by the Federal Emergency
Management Agency Community Panel Map, effective dole.- July 19, 1982.
Dated at Yorkville, II /inois ,
dames M. Olson
/!!inois Professional Land Surveyor No. 2253
James M. Olson Associates, Ltd.
707 West Madison Street
Yorkville, Illinois 60560