Ordinance 2006-092 i
I
i
I
ORDINANCE NO. 2006-
j AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2006 -113
( KENDALL MARKETPLACE PROJECT) 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. Authority. 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. Findings. The City Council of the City finds and determines as follows:
a. 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 Territory ")
have expressed an interest in the construction, acquisition and installation of various
infrastructure improvements to their properties 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 -113 for the construction, acquisition and
installation of infrastructure improvements to serve the Subject Territory.
Section 4. Public Hearing. A public hearing shall be held on the 3rd day of October,
2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to
CHI2 650400.2
I
I
consider the creation of the City of Yorkville Special Service Area Number 2006 -113, in the
Subject Territory.
At the hearing, the following method of financing improvements within the proposed
special service area will be considered: the borrowing of an amount not to exceed an aggregate
principal amount of $20,000,000 to be evidenced by ad valorem tax bonds (including bonds
issued to refund such bonds) of such area (the " Bonds "), the proceeds of which shall be used to
pay the cost of providing special municipal services to the proposed special service area, to fund
certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the
proposed special service area, and to pay the cost of issuing the Bonds. The special municipal
services to be provided to the proposed special service area may include: engineering, surveying,
soil testing and appurtenant work, mass grading and demolition, storm water management
facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water
facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street
lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and
materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree
installation, costs for land and easement acquisitions or dedications relating to any of the
foregoing improvements, required tap -on and related fees for water or sanitary sewer services
and other eligible costs. The Bonds shall be retired over a period not to exceed twenty -two (22)
years from the date of their issuance and shall bear interest at a rate not to exceed the greater of
nine percent (9 %) per annum or 125% of the rate for the most recent date shown in the 20 G.O.
Bonds Index of average municipal bond yields as published in the most recent edition of The
Bond Buyer, published in New York, New York, at the time the contract is made for the sale of
the Bonds. The Bonds shall be retired by the levy of an annual ad valorem tax levied against
each parcel of property within the special service area to pay the interest on the Bonds as it falls
due and to discharge the principal thereof at maturity and to pay the costs of administration and
maintenance of the Subject Territory. This tax is to be levied upon all taxable property within
the proposed special service area.
Section 5. Notice of Public Hearing. 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 Conflicting 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.
2
CH12_650400.2
PASSED by the City Council of the City this September 12, 2006.
JAMES BOCK JOSEPH BESCO
VALERIE BURD —1S PAUL JAMES lC�
DEAN WOLFER MARTY MUNNS
ROSE SPEARS , A = JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
\� day of S� , A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
\ day of �.� �— , A.D. 2006.
ATTEST:
CITY CLERK
Published in pamphlet form September 12, 2006.
3
CHI2_650400.2
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, PART OF THE SOUTH
HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13
MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE
198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81
FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET;
THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A
RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29
MINUTES 53 SECONDS WEST, AN ARC LENGTH OF 40.71 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00
FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS
WEST, AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES
57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A
NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A
CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST, AN ARC
LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS
EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,
287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00
FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET;
THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE
NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 60.76 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET
AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,
AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15
SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37
DEGREES 51 MINUTES 31 SECONDS EAST, AN ARC LENGTH OF 482.09 FEET;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF
25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20
SECONDS EAST, AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11
MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF
SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST, AN ARC LENGTH OF 333.94
FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET;
THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE
SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A
RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20
MINUTES 40 SECONDS EAST, AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32
DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY
CH 12_650400.2
i
ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET
AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,
AN ARC LENGTH OF 10 1. 11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32
SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL;
THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST, ALONG SAID
CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS
WEST, ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45
MINUTES 43 SECONDS WEST, 48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES
17 WEST, 470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS
WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85
DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET
TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE
NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,
378.99 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AND CONTAINING 143.40 ACRES OF LAND MORE OR
LESS.
PIN'S
02 -19- 400 -003
02- 29- 100 -001
02 -20- 351 -001
2
CH12_650400.2
EXHIBIT B
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2006 -113
(KENDALL MARKETPLACE PROJECT)
NOTICE IS HEREBY GIVEN that on October 3, 2006 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 -113," consisting of the territory legally described in
Exhibit 1 to this Notice.
The approximate location of the proposed special service area is at the intersection of
Route 34 and Cannonball Trail in the City.
The general purpose of the formation of the City of Yorkville Special Service Area
Number 2006 -113 is to provide special municipal services to the area which may include:
engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm
water management facilities, storm drainage systems and storm sewers, site clearing and tree
removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets,
curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements,
and equipment and materials necessary for the maintenance thereof, landscaping, wetland
mitigation and tree installation, costs for land and easement acquisitions or dedications relating
to any of the foregoing improvements, required tap -on and related fees for water or sanitary
sewer services and other eligible costs. The special services shall include new construction and
maintenance activities.
There will also be considered at the hearing the following method of financing
improvements within the proposed special service area: the issuance of ad valorem tax bonds
(including bonds issued to refund such bonds) in an aggregate principal amount not to exceed
$20,000,000 at an interest rate of not to exceed the greater of nine percent (9 %) per annum or
125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average
municipal bond yields as published in the most recent edition of The Bond Buyer, published in
New York, New York, at the time the contract is made for the sale of the bonds, and to mature
within twenty -two (22) years from the date of their issuance. The bonds shall be retired by the
levy of an annual ad valorem tax levied against each parcel of property within the proposed
special service area to pay the interest on such bonds as it falls due and to discharge the principal
thereof at maturity and to pay the costs of administration and maintenance of the 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, the
issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the
CHI2_650400.2
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 -113 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 -113
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, the
issuance of bonds for the provision of special services to the area or the levy of taxes affecting
the area, no such area may be created and no such bonds may be issued or taxes levied or
imposed.
2
CH12 650400.2
1
Exhibit 1 to Notice
Les?al Description of Prouerty
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, PART OF THE SOUTH
HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 01 DEGREES 13
MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE
198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81
FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET;
THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A
RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29
MINUTES 53 SECONDS WEST, AN ARC LENGTH OF 40.71 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00
FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS
WEST, AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES
57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A
NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A
CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST, AN ARC
LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS
EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST,
287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00
FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET;
THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE
NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 60.76 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET
AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST,
AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15
SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37
DEGREES 51 MINUTES 31 SECONDS EAST, AN ARC LENGTH OF 482.09 FEET;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF
25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20
SECONDS EAST, AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11
MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF
SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST, AN ARC LENGTH OF 333.94
FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET;
THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE
SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A
RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20
MINUTES 40 SECONDS EAST, AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32
DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY
CH12 650400.2
ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET
AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST,
AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32
SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL;
THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST, ALONG SAID
CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS
WEST, ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45
MINUTES 43 SECONDS WEST, 48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES
17 WEST, 470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS
WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85
i DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET
TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE
NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE,
378.99 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AND CONTAINING 143.40 ACRES OF LAND MORE OR
LESS.
PIN's
02 -19- 400 -003
02 -29- 100 -001
02-20-351-001
I
I
2
CHI2_650400.2