Ordinance 2004-14 21-10401-100 4 9 6 8
Filed for Record in
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.,--ACC-,,L1 --� PAUL ANDERSON
03-02-2004 At 01:51 vm.
ORDINANCE 32.00
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2004-105
SOUTH 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 2004-105 South Grande Reserve 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 23rd day of March,
2004, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to
011.551430.2
consider the creation of the City of Yorkville Special Service Area Number 2004-105 South
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 $1,150,000 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 $10,000,000 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
011.551430.2
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 ) 2004.
Voting Aye (list names): � "'�►' \ `�—�- n�
Voting Nay (list names):
Abstaining (list names):
Absent(list names):
rk
SIGNED by the Mayor this c1' 2004.
Mayor
ATTEST:
ty rk
Published in pamphlet form ' � �� , 2004.
3
011.551430.2
EXHIBIT A
Legal Description
011.551430.2
GRANDE RESERVE SOUTH REGION
THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND
SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE
CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT
RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY
ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20
MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID
ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST
1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17
DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET; THENCE SOUTH 77
DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17
DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE
CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05
MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A
POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE
OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S
SUBDIVISION, 462 FEET; THENCE WESTERLY PARALLEL WITH THE
CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID
SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE
SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG
THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED
1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15; THENCE SOUTH 0 DEGREES 55 MINUTES
0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88
DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36
DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39
DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE
CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID
CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE,
RIVER RIDGE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY
LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE
SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE
NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT
TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT
7
ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID
ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5
FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS
EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 69 DEGREES 10
MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPT FROM SAID PARCEL THAT PART LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST
CORNER OF STRUKEL'S PARADISE LAKE UNIT 1; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID
STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL
RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58
SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE
DESCRIPTION OF THIS LINE, A DISTANCE OF 230.00 FEET; THENCE
SOUTH 52 DEGREES 49 MINUTES 02 SECONDS WEST 50.00 FEET;
THENCE SOUTH 67 DEGREES 14 MINUTES 17 SECONDS WEST 361.39
FEET; THENCE NORTH 58 DEGREES 13 MINUTES 13 SECONDS WEST
139.28 FEET; THENCE SOUTH 84 DEGREES 25 MINUTES 29 SECONDS
WEST 152.64 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 18
SECONDS WEST 92.20 FEET; THENCE SOUTH 40 DEGREES 43 MINUTES
21 SECONDS WEST 71.59 FEET; THENCE NORTH 70 DEGREES 52
MINUTES 22 SECONDS WEST 180.28 FEET; THENCE SOUTH 68 DEGREES
04 MINUTES 20 SECONDS WEST 570.09 FEET; THENCE NORTH 83
DEGREES 13 MINUTES 28 SECONDS WEST 194.49 FEET; THENCE NORTH
80 DEGREES 06 MINUTES 46 SECONDS WEST 293.64 FEET; THENCE
SOUTH 79 DEGREES 22 MINUTES 56 SECONDS WEST 178.89 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 180.00 FEET, HAVING A CHORD
BEARING OF SOUTH 82 DEGREES 25 MINUTES 09 SECONDS WEST, A
DISTANCE OF 306.52 FEET, THENCE SOUTHWESTERLY 94.34 FEET,
MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL,
SAID POINT BEING 1,100.00 FEET NORTHWESTERLY OF THE CENTERLINE
OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR
THE TERMINUS OF SAID LINE.
8
EXHIBIT B
Map of Special Service Area Number 2004-105
South Grande Reserve
011.551430.2
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EXHIBIT C
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2004-105
SOUTH 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 2004-105 South 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 2004-105 South 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$1,150,000 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 $10,000,000 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.
011.551430.2
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 2004-105 South 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 2004-105 South 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
011.551430.2
Exhibit 1 to Notice
Legal Description of Property
011.551430.2
GRANDE RESERVE SOUTH REGION
THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND
SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE
CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT
RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY
ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20
MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID
ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST
1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17
DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET; THENCE SOUTH 77
DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17
DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE
CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05
MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A
POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE
OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S
SUBDIVISION, 462 FEET; THENCE WESTERLY PARALLEL WITH THE
CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID
SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE
SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG
THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED
1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15; THENCE SOUTH 0 DEGREES 55 MINUTES
0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88
DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36
DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39
DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE
CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID
CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE,
RIVER RIDGE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY
LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE
SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE
NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT
TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT
7
ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID
ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5
FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS
EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 69 DEGREES 10
MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPT FROM SAID PARCEL THAT PART LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST
CORNER OF STRUKEL'S PARADISE LAKE UNIT 1; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID
STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL
RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58
SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE
DESCRIPTION OF THIS LINE, A DISTANCE OF 230.00 FEET; THENCE
SOUTH 52 DEGREES 49 MINUTES 02 SECONDS WEST 50.00 FEET;
THENCE SOUTH 67 DEGREES 14 MINUTES 17 SECONDS WEST 361.39
FEET; THENCE NORTH 58 DEGREES 13 MINUTES 13 SECONDS WEST
139.28 FEET; THENCE SOUTH 84 DEGREES 25 MINUTES 29 SECONDS
WEST 152.64 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 18
SECONDS WEST 92.20 FEET; THENCE SOUTH 40 DEGREES 43 MINUTES
21 SECONDS WEST 71.59 FEET; THENCE NORTH 70 DEGREES 52
MINUTES 22 SECONDS WEST 180.28 FEET; THENCE SOUTH 68 DEGREES
04 MINUTES 20 SECONDS WEST 570.09 FEET; THENCE NORTH 83
DEGREES 13 MINUTES 28 SECONDS WEST 194.49 FEET; THENCE NORTH
80 DEGREES 06 MINUTES 46 SECONDS WEST 293.64 FEET; THENCE
SOUTH 79 DEGREES 22 MINUTES 56 SECONDS WEST 178.89 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 180.00 FEET, HAVING A CHORD
BEARING OF SOUTH 82 DEGREES 25 MINUTES 09 SECONDS WEST, A
DISTANCE OF 306.52 FEET, THENCE SOUTHWESTERLY 94.34 FEET,
MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL,
SAID POINT BEING 1,100.00 FEET NORTHWESTERLY OF THE CENTERLINE
OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR
THE TERMINUS OF SAID LINE.
8
Exhibit 2 to Notice
Map of Proposed Special Service Area
011.551430.2
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