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Ordinance 2003-12 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2003- 1:X— ORDINANCE AMENDING UNITED CITY OF YORKVILLE LAND CASH ORDINANCE NO. 96-3 WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to amend the Land Cash Ordinance#1996- 3 Section 1.C.5 Fair Market Value to reflect a substantial increase in the fair market value of improved residential real estate based upon a study prepared by a certified appraiser and; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that the "fair market value" for all residential improved real property shall be determined by a study performed by the United City of Yorkville's direction every three years or less commencing in the 2002-2003fiscal year; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Section 1.C.5 Fair Market Value of the Land Cash Ordinance#1996-3. NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Section 1.C.5 Fair Market Value of the Land Cash Ordinance #1996-3 is hereby revoked; and a new Section 1.C.5. is created to read as follows: a. The cash contributions in lieu of land shall be based on the"Fair market value" of the acres of land in the area improved that otherwise would have been 1 t dedicated as park, recreation, or school sites. The "Fair market value" for any parcel of residential real property shall be deemed to be fifty-eight thousand dollars and 00/100($58,000.00)based upon the study of Thompson Appraisals. The"Fair market value"of an area of residential real property shall be reviewed by study every three (3) fiscal years or less, commencing May 1, 2003. In the event of any objection by the subdivider,developer, or public body,the objector shall submit an appraisal showing the"Fair market value"of such improved land in the area of development of other evidence. Final determination of said"Fair market value"per acre of such improved land shall be made by the City Council based on such information submitted by the subdivider or developer and from other sources as may be submitted to the City Council by affected parties." 2. The Impact Fee/Land Cash Value Analysis&Report prepared by Thompson Appraisals dated December 1, 2002 is incorporated herein reference. 3. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 4. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. IN WITNESS WHEREOF,this Ordinance has been enacted this JL day of 2003. ' 2 MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS 1 ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 20-(L . MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this T day of J( , A.D. 20-0-11 . Attest: CIT I RK Prepared by: Law Offices of Daniel J. Kramer I I 07 S. Bridge St. Yorkville, IL 60560 630.553.9500 3