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STATE OF ILLINOIS At
SS. CiFI'DINANCE 71 00
COUNTY OF KENDALL
ORDINANCE 2004-S,'A
AN ORDINANCE ESTABLISHING SPECIAL
TAX SERVICE AREA NUMBER 2004--�Cd-FOR
THE VILLAS AT THE PRESERVE SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: Authority to Establish Special Service Area.
Special Service Areas are established pursuant to Article VII, Section 7,of the Constitution
of the State of Illinois, in force July 1, 1971, which provides:
"Counties and municipalities which are not home-rule units shall have only powers granted
to them by law and the powers...(6)to levy or impose additional taxes upon areas within their
boundaries in the manner provided by law for the provision of special services to those areas
and for the payment of debt incurred in order to provide those special services."
and are established pursuant to the provisions of an Act to provide the manner of levying or
imposing taxes for the provision of special services to areas within the boundaries of home-rule
units and non-home-rule municipalities and counties and pursuant to the Revenue Act of 1939.
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SECTION 2: Findings.
A. The question of the establishment of the Special Tax Service Area hereinafter
described as a Special Tax Service Area is considered by the City Council pursuant to an Ordinance
entitled "Enabling Ordinance to Create Special Service Area 2004- for The Villas at the
Preserve Subdivision",in the United City of Yorkville, and pursuant to a waiver and consent to the
imposition of a Special Tax Service Area executed by the owner of 100% interest in said
subdivision,without the necessity of any public hearing,or period for objection pursuant to 35 ILCS
200/27-5 (2002).
B. The special tax shall be levied and shall be assessed as follows on all of the real
property included in the special service area:
A maximum of (percent of assessed valuation), i.e.; $.50 per $100.00 of equalized assessed
valuation. Said assessments maybe made at anytime by City Ordinance for an indefinite period of
time;or for a time determined in said Ordinance after all required public hearings. At the hearing,all
persons affected will be given an opportunity to be heard. The assessment made at said hearing will
only be for the purpose of accomplishing extraordinary and unique repairs and maintenance as set
out above in said subdivision. It is necessary to provide a back-up method to insure that monuments,
signage,and landscaping within the common areas of The Villas at the Preserve Subdivision,as well
as any other common areas designated in the Declaration of Covenants and Restrictions dated
and Final Plats of The Villas at the Preserve Subdivision,to the Recorder of
the United City of Yorkville a source of funding in the event said Homeowner's Association fails to
maintain and repair said facilities in a safe and useable condition as is determined by the City
Council of the United City of Yorkville. The United City of Yorkville shall further be reimbursed
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for any administrative costs incurred if any assessment is necessary to be made. This program is
necessary for public safety and is in the best interest of maintaining real property values within The
Villas at the Preserve Subdivision as described in the attached Exhibit"A".
C. Prior to the assessments being made for any part of the work done listed above,the United
City of Yorkville shall give the persons affected advance notice of a Public Hearing as per Illinois
Compiled Statutes governing Special Tax Service Areas to be held so that input may be had as to
said assessment
SECTION 3: This Special Tax Services Area shall run for an indefinite period of time.
SECTION 4: All Ordinances or parts of Ordinances in conflict with these provisions are
repealed.
SECTION 5: This Ordinance shall become effective from and after its passage, approval,
and publication in pamphlet form in the manner prescribed by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS 4— RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
_Zk f 4ay of ( — , A.D. 20&Y--.
MAYO
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
26 day of Q {u�2 ,A.D. 20 0 y.
Atte
CCLEAX
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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-2D02 I.3:I7 Gold-Fax Message Page 417
CHICAGO TTIT-E INSURANCE COMPANY
6 kk CONU IITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000498916 AU
5. THE LAND REFERRED TO IN TMS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, AND THAT PART OF THE NORTHEAST 1/4
OF-SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN
BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON
SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48
DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTER-CLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71
FOR THE POINT OF BEGINNING; THENCE SOUTHERLY, ALONG THE LAST DESCRIBED COURSE,
967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE
NORTHERLY LINE OF LOTS AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT,
882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESERVED IN A WARRANTY DEED
FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN
BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONVEYED TO GEORGE W. HARRIS BY
WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE
NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES
19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM),
1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG
SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS
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