Ordinance 2004-45 200400022972
Filed for Record in
KENDALL COUNTY. ILLINOIS
PAUL ANDERSON S Tqq T E OF I L L I N O i s
08-16-2004 At 1251 am. COUNTY OF KENDALL
ORDINANCE 28.00 - FILED
0"INANCE NO. aCb4+%AS AUG 13 2004
AN ORDINANCE ESTABLISHING
SPECIAL SERVICE AREA NUMBER'�A'*IN
UNITED CITY OF YORKVIHI,E
(FOX HILL SUBDIVISION)
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
"City") 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. That pursuant to the Annexation Agreement entered into between the City and
the Developer of said territory, a Home Owners Association was to be established to
collect funds and maintain the common area open space, trail system and public parks
within said territory. That neither the property owners of the territory legally described in
the attached Exhibit "A"nor the Developers of said territory have established said Home
Owners Association.
b. It is in the public interest that the City Council of the City create a special
service area for the Subject Territory to provide special municipal services to the area
which may include: mowing, trimming, mulching, weeding,monument repairs, trail
maintenance, beautification, equipment and materials necessary for the maintenance
thereof, bicycle paths, landscaping, general common area maintenance and other eligible
costs.
c. The special service area for consideration is within the corporate boundaries
of the United City of Yorkville, a map of the area to which the Special Service Area shall
apply to is attached hereto as Exhibit`B" and made a part hereof, and
d. The special service area will benefit specially from the aforementioned
special 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.
e. The imposition or levy by the City of a tax in the special service area
sufficient to produce revenues to provide special municipal services to the special service
area; the maximum rate of such taxes to be extended in any year for special services
under this ordinance within the proposed special service area shall not exceed the amount
necessary to produce a maximum annual tax levy of Two Hundred Eighty-One and
19/100 Dollars ($281.19) tax by the City to each unit located in the special service area.
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The amount of tax is sufficient to produce revenues to provide special municipal services
to the proposed special service area as evidenced in the attached Exhibit "C".
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 Numberlo"'R for the construction, acquisition and installation of
infrastructure improvements to serve the Subject Territory.
Section 4. Public Hearing. A public hearing was held on the 11th day of May, 2004,
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 LOILain the Subject Territory.
Section 5. Notice of Public Hearing. Notice of hearing was 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 was 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, not less than ten (10) days prior to the time set for the public
hearing. The notice to owners of record shall be in substantially the form set forth in Exhibit
"D"to this Ordinance.
Section 6. Supercede 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.
IN WITNESS WHEREOF, this Ordinance has been enacted this 10`M day of
A us v,+ , 2004.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of "�An , A.D. 2004.
MAY R
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PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this 0 '� day of �� �, � , A.D . 2004,
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Attest:
Cl Y CLERK
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Prepared by:
Law Offices of Daniel J. Kramer
1107A S . Bridge St.
Yorkville, IL 60560
630 . 553 . 9500
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EXHIBIT A
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Legal Description
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Fox Hill SSA Legal Description
That part of the Southwest Quarter of Section 19, Township 37 North, Range 7 East of
the Third Principal Meridian, and that part of the North one-half of Section 30, Township
37 North, Range 7 East of the Third Principal Meridian, described as follows :
Beginning at the Southwest corner of Fox Hill Unit Four, thence North 0°41 ' 57" West a j
distance of 615 .20 feet; thence North 80°41 ' 57" West a distance of 110 feet; thence
North 33 °48'01 " East a distance of 436 .27 feet; thence North 83 °30 ' 31 " East a distance
of 230. 19 feet; thence South 51 °44 '23 " Basta distance of 206 . 38 feet to a point on the
west right-of--way line of John Street; thence northeasterly along the right-of-way line of
John Street, said line being a curve to the right with a chord bearing of North 40°54 ' 57"
East and a radius of 580. 00 feet, an arc distance of 690 . 88 feet; thence North 3 021 '28"
West a distance of 152. 06 feet; thence South 75°20' 57" West a distance of 84 . 13 feet;
thence North 57 ° 04 '26" West a distance of 153 . 41 feet; .thence North 8 °01 '49" West a
distance of 188 . 86 feet;. thence North 59°25 '25 " East a distance of 189. 88 feet; thence
North 39°54 '28" East a distance of 179.25 feet; thence North 13 °03 '54" East a distance
of 201 .45 feet to a point on the south right-of-way line of U . S . Route 34 ; thence South
83 °37 '42" East along the right-of-way Iine of U. S . Route 34 a distance of 65 . 00 feet;
thence easterly along a tangential curve to the right with a radius of 34, 427 .48 feet, an are
distance of 647 .88 feet to a point on the east right-of-way line of Diehl Farm Road;
thence South 5 °21 ' 36 West along the right-of-way line of Diehl Farm Road a distance
of 119 . 93 feet; thence southerly along a tangential.. curve to the left with a radius of
360 .00 feet, an arc distance of 184.99 feet; thence South 24°04 ' 54" East a distance of
226 . 66 feet; thence southerly along a tangential curve to the right with a radius of 440.00
feet, an are distance of 165 .26 feet; thence South 2°33 '42 " East a distance of 121 .43 feet
to a point on the north right-of-way line of John Street; thence easterly along the right-of-
way line of John Street, said line being a curve to the left with a chord bearing of North
86°03 ' 32" East and a radius of 1960.00 feet, an arc distance of 14. 36 feet; thence North
85°50 ' 56" East a distance of 384. 53 feet; thence easterly along a tangential curve to the
right with a radius of 2040. 00 feet, an arc distance of 578 . 78 feet; thence South
76'46 ' 17" East a distance of 80. 02 feet to a point on the east right-of-way line of
Sycamore Road; thence South 14°21 ' 08 " West a distance of 130 . 40 feet ; thence southerly
along a tangential curve to the left with a radius of 510.00 feet, an are distance of 199 . 13
feet; thence South 8 °01 ' 10" East a distance of 347. 78 feet; thence southerly along a
tangential curve to the right with a radius of 590 . 00 feet, an are distance of 128 .33 feet;
thence South 4 126 '. 36" West a distance of 100.00 feet to the southeast corner of Fox Hill
Unit Two ; thence North 85°33 ' 24" West a distance of 842 .50 feet to a point on the
boundary of Fox Hill Unit One; thence North 85 °33 '24 West a distance of 976. 60 feet
to a point on the boundary of Fox Hill Unit Four; thence South 0 ° 12 ' 34" East a distance
of 861 . 53 feet to the southeast corner of Fox Hill Unit Four; thence North 80°41 ' 57" j
West a distance of 1207 .52 feet to the Point of Beginning, all within the United City of
Yorkville, Kendall County, Illinois, and containing. 89. 64 acres, more .or less.
5 /3/04
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EXHIBIT B
Map of Special Service Area Number (2
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EXHIBIT C �
Cost analysis for Special Municipal Services
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EXHIBIT D
Notice of Public Hearing
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Aug 03 2004 1 : 27PM City of Yorkville 630 - 553 - 7575 p . 6
Revised : 5!4/04
AMENDED PUBLICATION OF
NOTICE OF HEARING
UNITED CITY OF YOKVILLE
SPECIAL SERVICE AREA NUMBER 2004-201
FOX HILL SUBDIVISION
NOTICE IS HEREBVY GIVEN that on May 11 , 2004. at 7:00 p.m. at the Yorkville City
Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the City of Yorkville to
consider forming a special service area, to be called "City of Yorkville Special Service Area
Number 2004-201 Fox Hill Subdivision,". consisting of the territory legally described in Exhibit
"A" to this Notice.
The approximate street location is the area generally depicted on the map of a portion of
the City, which map is attached as Exhibit "B" to this Notice,
The general purpose of the formation of the City of Yorkville Special Service Area
Number 2004-201 Fox Hill Subdivision is to provide special municipal services to the area
which may include: mowing, tr imming, mulching, weeding, monument repairs,epairs, trail
maintenance, beautification, snow removal, equipment and materials necessary for the
maintenance thereof:, public parks, park improvements and bicycle paths, landscaping, general
maintenance and other eligible costs_
There will also be considered at the hearing the method of financing the proposed special
service area which consists of a Two Hundred Eighty-three and 46/100 Dollars ($283.46) tax
by the City to each unit located in the proposed special service area_ . The amount of tax is
sufficient to produce revenues to provide special municipal services to the proposed special
service area as evidenced in the attached Exhibit "C".
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 an be
heard orally regarding the formation of and the boundaries of the special service area, the
I 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.
If a petition signed by at least 51 % of the electors residing witbin the City of Yorkville
Special Service Area Number 2004-201 Fox Hill Subdivision 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 2004-201 Fox Hill Subdivision is filed with the City Clerk of the. City of Yorkville
within 60 days following the final adjournment of the public bearing objecting 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 'mposed.
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United City of Yorkville
County Seat of Kendall County
EST. , 1836 800 Game Farm Road
,� fA Yorkville,Illinois 60560
O O Phone:630-553-4350
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Fax:630-553-7575
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CERTIFIED COPY AFFIDAVIT
I,Elizabeth A. D'Anna,Deputy Clerk in and for the United City of Yorkville,Kendall County, State of
Illinois,and Legal Custodian of the records,files and seal of said City do hereby certify this is a full and
complete copy of the original document identified as Ordinance No. 2004-45 An Ordinance Establishing
Special Service Area Number 2004-201 in the United City of Yorkville(Fox Hill Subdivision)filed in
my office on August 11,2004.
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Dated this I 4Li day of d ,2004.
Elizab A. D'Anna,bepdty Clerk
SEAL