Ordinance 2004-12 200400004966
Filed for Record in
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.�OQ�-A-k-4• PAUL ANDE
03-02-2004 03-02-2004 4:SON
At 01:51 am.
ORDINANCE 32.00
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2004-103
NORTH GRANDE RESERVE 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
"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. 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 is outlined on the map of a portion of the City, which map is attached
hereto as Exhibit B and made a part hereof, 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 2004-103 North Grande Reserve for the construction,
acquisition and installation of infrastructure improvements to serve the Subject Territory.
Section 4. Public Hearin. A public hearing shall be held on the 23rd day of March,
2004, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to
011.551419.3
consider the creation of the City of Yorkville Special Service Area Number 2004-103 North
Grande Reserve, in the Subject Territory.
At the hearing, the following alternative methods of financing improvements within the
proposed special service area will be considered: (i) the imposition or levy by the City of a tax
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 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 $2,300,000 in
accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to
exceed an aggregate principal amount of$20,000,000 to be evidenced by special tax 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, 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,
equestrian paths and related street improvements, and equipment and materials necessary for the
maintenance thereof, public parks, park improvements, bicycle paths, landscaping, wetland
mitigation and tree installation, costs for land and easement acquisitions 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, if issued, 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, if issued, 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 C 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.
2
011.551419.3
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.
PASSED by the City Council of the City this a• a4 92004.
Voting Aye (list names):
Voting Nay (list names):
Abstaining(list names):
Absent(list names): }--
-Mk le
SIGNED by the Mayor this 2004.
Z,
Mayor
ATTEST:
lipliji-
i Clerk
Published in pamphlet form ''� �� , 2004.
3
011.551419.3
EXHIBIT A
Legal Description
011.551419.3
GRANDE RESERVE NORTH REGION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST
QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER 2029.92 FEET TO THE EAST LINE OF LOT 5 OF
SAID SECTION 11; THENCE SOUTHERLY ALONG SAID EAST LINE 1469.90
FEET TO THE CENTERLINE OF MILL ROAD; THENCE SOUTHEASTERLY
ALONG SAID CENTERLINE 1039.40 FEET TO A TRACT OF LAND
CONVEYED TO COMMONWEALTH EDISON COMPANY BY TRUSTEE'S
DEED RECORDED JUNE 28, 1973 AS DOCUMENT 73-3089; THENCE
NORTHEASTERLY ALONG SAID NORTHERLY LINE 1062.36 FEET TO THE
EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY ALONG
SAID EAST LINE 1489.22 FEET TO THE POINT OF BEGINNING IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE
NORTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST
QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE
SOUTH 89 DEGREES 28 MINUTES 21 SECONDS EAST ALONG THE NORTH
LINE OF SAID SECTION 12, 99.96 FEET; THENCE SOUTH 2 DEGREES 26
MINUTES 28 SECONDS EAST 2654.27 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, 236.28 FEET
EAST OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;
THENCE NORTH 89 DEGREES 28 MINUTES 58 SECONDS WEST ALONG
SAID SOUTH LINE 236.28 FEET TO THE SOUTHWEST CORNER OF SAID
NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 31 MINUTES 16
SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 11, 2028.27 FEET TO THE EXTENSION
SOUTHERLY OF THE EASTERLY LINE OF LOT 1 OF STORYBOOK
HIGHLANDS, A SUBDIVISION IN SAID SECTION 11; THENCE NORTH 1
DEGREE 06 MINUTES 53 SECONDS EAST ALONG SAID EXTENDED LINE
1030.0 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 37 SECONDS
EAST 239.40 FEET; THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS
EAST 872.93 FEET TO THE CENTERLINE OF CANNONBALL TRAIL; THENCE
NORTH 66 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID
CENTERLINE 898.31 FEET; THENCE NORTHEASTERLY ALONG SAID
1
CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
2290.82 FEET, A DISTANCE OF 495.34 FEET; THENCE NORTH 53 DEGREES
46 MINUTES EAST ALONG SAID CENTERLINE 654.29 FEET TO THE EAST
LINE OF SAID SECTION 2; THENCE SOUTH 0 DEGREES 30 MINUTES 10
SECONDS WEST ALONG SAID EAST LINE 262.54 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTH HALF OF SECTION 11, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11; THENCE
SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE
NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON
AND QUINCY RAILROAD; THENCE NORTH 75 DEGREES 17 MINUTES 0
SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE
SOUTH LINE OF SECTION 11; THENCE SOUTH 89 DEGREES 53 MINUTES 0
SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF SAID SECTION
11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION
11; THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5
FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST
CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 11; THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST
977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74
DEGREES 15 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID
CENTERLINE; THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS
WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A
NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0
SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND
SOUTH HIGHWAY; THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS
WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11; THENCE
SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG SAID WEST
LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF
RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD
RUNNING THROUGH SECTION 11 AFORESAID, AND ALSO EXCEPT THAT
PART LYING WESTERLY OF THE CENTERLINE OF KENNEDY ROAD, AND
ALSO EXCEPT THAT PART LYING SOUTHERLY OF THE CHICAGO,
BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11
AFORESAID), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
2
EXHIBIT B
Map of Special Service Area Number 2004-103
North Grande Reserve
011.551419.3
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EXHIBIT C
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2004-103
NORTH GRANDE RESERVE
NOTICE IS HEREBY GIVEN that on March 23, 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 2004-103 North Grande Reserve," consisting of the territory legally described in Exhibit
1 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 2 to this Notice.
The general purpose of the formation of the City of Yorkville Special Service Area
Number 2004-103 North Grande Reserve is to provide special municipal services to the area
which may include: engineering, 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, equestrian
paths and related street improvements, and equipment and materials necessary for the
maintenance thereof, public parks, park improvements and bicycle paths, landscaping, wetland
mitigation and tree installation, costs for land and easement acquisitions 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 alternative methods of
financing improvements within the proposed special service area: (i) the levy of a tax by the
City 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$2,300,000 in accordance with the special
tax roll referred to below, and (ii) the issuance of special tax 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 thirty (30) years from the date of their issuance. The bonds, if issued, 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.
011.551419.3
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.
If a petition signed by at least 51% of the electors residing within the City of Yorkville
Special Service Area Number 2004-103 North Grande Reserve 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 2004-103 North Grande Reserve 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
011.551419.3
Exhibit 1 to Notice
Legal Description of Property
011.551419.3
GRANDE RESERVE NORTH REGION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST
QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER 2029.92 FEET TO THE EAST LINE OF LOT 5 OF
SAID SECTION 11; THENCE SOUTHERLY ALONG SAID EAST LINE 1469.90
FEET TO THE CENTERLINE OF MILL ROAD; THENCE SOUTHEASTERLY
ALONG SAID CENTERLINE 1039.40 FEET TO A TRACT OF LAND
CONVEYED TO COMMONWEALTH EDISON COMPANY BY TRUSTEE'S
DEED RECORDED JUNE 28, 1973 AS DOCUMENT 73-3089; THENCE
NORTHEASTERLY ALONG SAID NORTHERLY LINE 1062.36 FEET TO THE
EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY ALONG
SAID EAST LINE 1489.22 FEET TO THE POINT OF BEGINNING IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE
NORTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST
QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE
SOUTH 89 DEGREES 28 MINUTES 21 SECONDS EAST ALONG THE NORTH
LINE OF SAID SECTION 12, 99.96 FEET; THENCE SOUTH 2 DEGREES 26
MINUTES 28 SECONDS EAST 2654.27 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, 236.28 FEET
EAST OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;
THENCE NORTH 89 DEGREES 28 MINUTES 58 SECONDS WEST ALONG
SAID SOUTH LINE 236.28 FEET TO THE SOUTHWEST CORNER OF SAID
NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 31 MINUTES 16
SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 11, 2028.27 FEET TO THE EXTENSION
SOUTHERLY OF THE EASTERLY LINE OF LOT 1 OF STORYBOOK
HIGHLANDS, A SUBDIVISION IN SAID SECTION 11; THENCE NORTH 1
DEGREE 06 MINUTES 53 SECONDS EAST ALONG SAID EXTENDED LINE
1030.0 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 37 SECONDS
EAST 239.40 FEET; THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS
EAST 872.93 FEET TO THE CENTERLINE OF CANNONBALL TRAIL; THENCE
NORTH 66 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID
CENTERLINE 898.31 FEET; THENCE NORTHEASTERLY ALONG SAID
1
CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
2290.82 FEET, A DISTANCE OF 495.34 FEET; THENCE NORTH 53 DEGREES
46 MINUTES EAST ALONG SAID CENTERLINE 654.29 FEET TO THE EAST
LINE OF SAID SECTION 2; THENCE SOUTH 0 DEGREES 30 MINUTES 10
SECONDS WEST ALONG SAID EAST LINE 262.54 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF THE SOUTH HALF OF SECTION 11, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11; THENCE
SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE
NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON
AND QUINCY RAILROAD; THENCE NORTH 75 DEGREES 17 MINUTES 0
SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE
SOUTH LINE OF SECTION 11; THENCE SOUTH 89 DEGREES 53 MINUTES 0
SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF SAID SECTION
11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION
11; THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5
FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST
CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 11; THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST
977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74
DEGREES 15 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID
CENTERLINE; THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS
WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A
NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0
SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND
SOUTH HIGHWAY; THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS
WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11; THENCE
SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG SAID WEST
LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF
RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD
RUNNING THROUGH SECTION 11 AFORESAID, AND ALSO EXCEPT THAT
PART LYING WESTERLY OF THE CENTERLINE OF KENNEDY ROAD, AND
ALSO EXCEPT THAT PART LYING SOUTHERLY OF THE CHICAGO,
BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11
AFORESAID), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
2
Exhibit 2 to Notice
Map of Proposed Special Service Area
011.551419.3
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