Ordinance 2006-060 i
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ORDINANCE NO. 2006-
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2006 -112
(WESTBURY -SOUTH VILLAGE PROJECT) IN THE
UNITED CITY OF YORKVILLE AND PROVIDING FOR
OTHER PROCEDURES IN CONNECTION THEREWITH
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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 " Subiect Territorv")
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 -112 for the construction, acquisition and
installation of infrastructure improvements to serve the Subject Territory.
Section 4. Public Hearina. A public hearing shall be held on the 25th day of July,
2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to
CH12_640971.2
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consider the creation of the City of Yorkville Special Service Area Number 2006 -112, 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 $8,000,000 to be evidenced by special 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 forty (40) 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 tax levied against each parcel of
property within the special service area pursuant to a special tax roll 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.
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CH12_640971.2
PASSED by the City Council of the City this June 27, 2006.
Voting Aye (list names): � seem, ,
Voting Nay (list names):
Abstaining (list names):
Absent (list names):
Ci ler
SIGNED by the Mayor this June 27, 2006.
ATTEST:
Ci lerk
Published in pamphlet form June 27, 2006.
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CHI2 640971.2
EXHIBIT A
Legal Description
THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST 1/2 OF THE
NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18;
THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST
LINE OF SAID EAST 1/2 OF THE NORTHEAST 1/4 1668.70 FEET TO THE NORTH LINE
j OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72 -892; THENCE
NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE,
2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH
EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56
SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON
COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 MINUTES, 43
SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE
EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF
SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG
THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID NORTHWEST 1/4,
1543.12 FEET; THENCE NORTH 88 DEGREES, 07 MINUTES; 57 SECONDS EAST 663.59
FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17;
THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST
LINE OF SAID NORTHWEST 1/4 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58
MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17,
1353.09 FEET; THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72
FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER
LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 20 MINUTES, 45 SECONDS
WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD,
2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART
DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST 1/4 OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST
ALONG THE NORTH LINE OF SAID NORTHWEST 1/4,1091.77 FEET FOR A POINT OF
BEGINNING; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG
SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50
SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47
SECONDS EAST. 370.92 FEET TO THE POINT OF BEGINNING), IN THE CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS;
AND ALSO EXCEPTING THEREFROM:
CH 12_640971.2
THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS MEASURED ALONG THE
NORTH AND EAST LINES) OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4
OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ALL IN THE CITY OF YORK, KENDALL COUNTY, ILLINOIS;
AND ALSO EXCEPTING THEREFROM:
THE NORTH 990.79 FEET OF THE EAST 630.0 FEET (AS MEASURED ALONG THE
NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN;
EXCEPTING THEREFROM THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS
MEASURED ALONG SAID NORTH AND EAST LINES) OF SAID NORTHWEST 1/4; ALL
IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
PIN'S
02 -17 -100 -104
02 -17- 100 -010
02 -18- 200 -004
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CHI2_640971.2
EXHIBIT B
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2006 -112
(WESTBURY -SOUTH VILLAGE PROJECT)
NOTICE IS HEREBY GIVEN that on July 25, 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 - 112," consisting of the territory legally described in
Exhibit 1 to this Notice.
The approximate location is generally south of Corneils Road and east of Beecher Road
in the City.
The general purpose of the formation of the City of Yorkville Special Service Area
Number 2006 -112 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.
There will also be considered at the hearing the following method of financing
improvements within the proposed special service area: the issuance of special tax bonds
(including bonds issued to refund such bonds) in an aggregate principal amount not to exceed
$8,000,000 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 forty (40) years from the date of their issuance. The bonds shall be retired by the levy of
an annual tax established pursuant to a special tax roll 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, 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, the
issuance of bonds 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.
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If a petition signed by at least 51 % of the electors residing within the City of Yorkville
Special Service Area Number 2006 -112 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 -112
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.
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CH12_640971.2
Exhibit 1 to Notice
Leaal Description of Property
THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST 1/2 OF THE
NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18;
THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST
LINE OF SAID EAST 1/2 OF THE NORTHEAST 1/4 1668.70 FEET TO THE NORTH LINE
OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72 -892; THENCE
NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE,
2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH
EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56
SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON
COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 MINUTES, 43
SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE
EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF
SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG
THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID NORTHWEST 1/4,
1543.12 FEET; THENCE NORTH 88 DEGREES, 07 MINUTES; 57 SECONDS EAST 663.59
FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17;
THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST
LINE OF SAID NORTHWEST 1/4 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58
MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17,
1353.09 FEET; THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72
FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER
LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 20 MINUTES, 45 SECONDS
WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD,
2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART
DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST 1/4 OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST
ALONG THE NORTH LINE OF SAID NORTHWEST 1/4,1091.77 FEET FOR A POINT OF
BEGINNING; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG
SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50
SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47
SECONDS EAST. 370.92 FEET TO THE POINT OF BEGINNING), IN THE CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS;
AND ALSO EXCEPTING THEREFROM:
CH12_640971.2
THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS MEASURED ALONG THE
NORTH AND EAST LINES) OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4
OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ALL IN THE CITY OF YORK, KENDALL COUNTY, ILLINOIS;
AND ALSO EXCEPTING THEREFROM:
THE NORTH 990.79 FEET OF THE EAST 630.0 FEET (AS MEASURED ALONG THE
NORTH AND EAST LINES) OF THE NORTHWEST QUARTER OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN;
EXCEPTING THEREFROM THE NORTH 645.0 FEET OF THE EAST 559.98 FEET (AS
MEASURED ALONG SAID NORTH AND EAST LINES) OF SAID NORTHWEST 1/4; ALL
IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
PIN's
02 -17- 100 -104
02 -17 -100 -010
02 -18- 200 -004
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