Ordinance 2003-26 ORDINANCE NO. >pot-ak<�.
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2003-101 (Windett Ridge) 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 2003-101 (Windett Ridge) 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 27th day of May,
2003, 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 2003-101 (Windett
Ridge), 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 $1,000,000 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, 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.
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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.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO
PASSED AND APPROVED this' day on 2003.
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[SEAL]
Published in pamphlet form April 22, 2003.
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EXHIBIT A
Legal Description
EXHIBIT B
Map of Special Service Area Number 2003-101 (Windett Ridge)
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2003-101 (Windett Ridge)
NOTICE IS HEREBY GIVEN that on May 27, 2003 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 2003-101 (Windett Ridge)," 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 2003-101 (Windett Ridge) 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, 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$1,000,000 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.
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 2003-101 (Windett Ridge) 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 2003-101 (Windett Ridge) 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.
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Exhibit 1 to Notice
Legal Description of Property
Exhibit 2 to Notice
Map of Proposed Special Service Area
FOLEY : LARDNER
A T T 0 R N E Y S A T L A W
MEMORANDUM
CLIENT-MATTER NUMBER
026079-0102
TO: Traci Pleckham
FROM: Christopher N. Knight
CC: Daniel J. Kramer
Peter J. Raphael
DATE: April 18, 2003
RE: United City of Yorkville Special Service Area No. 2003-101 (Windett Ridge
Project)
Attached are Exhibit A (legal description) and Exhibit B (map) to the Proposing
Ordinance. Please feel free to call if you have any questions.
CNK/slm
Attachment
011.1134637.1 FOLEY& LARDNER
EXHYSIT "A"
r
State of Illi►ioi5:
:55
Colin ty r)f Kendal l ;
This is :v cert-ify that we, James M. Olson Associate Ltd_s, , Illinois
ReaistPrerl La'ld Surveyors, have surveyed that Part of Section 9, Township
3F) North ilawie 7 East of the Third Principal Meridian described as
tolIevs- Ccrrrlrencing at the Northwest Corner of the Northwest quarter
of said Section 9; thence southerly alurig 'the West Line of said Northwest
quarter. C,6g. 0 feet to the center line of Illinois State Route No.
47 ; thence South 35`00'00" i_act, along sold center line, 1062.70 feet
to ktre southei•nmost corner of a tract described in a Warranty Deed from
Edna Halbesma to Hannah Geiger recorded is $oak 115 at Page 241 on December
27, 1957 ; thence South 35 000'00" East, along said center line, 323.02
feet; thence North 56'20'00" East, 755.43 feet; thence North 49°30'57"
EdSt, 525 .07 =eet to the southwesterly line, as occupied, of the Oak
Hill Farm as ^.haven in a plat recorded in Plat gook *5 on Page 16 (now
"Slot 303"') for the. point of beginning; thence South 49°38'57" West, ,
525,07; thenc,: South 56*20'00" West, 755,43 feet to Baia center line,
thence South 15"00'00" East, along said center line, 484.85 feet to
its intersectnn with the center line of Legion Road; thence South 35°00'00"
East, along said Illinois State Route No. 47 center line and said center
line extended . 1925.ZZ feet; thence South 16'45`00" East, 126.93 feet
to the Iinp a ` a fence extended from the east; thence North 98'15'14"
East along sa;d fence line and its extension, 3115.46 feet to a point
on the >_ac:t L-Ine of the Southeast Quarter of said Section 9, which is
1533_R4 feet 'weasured along said East Linel northerly of the Southeast_
Corner of 5ai., Southeast Quarter; thence Worth OD'02'46" West, alang
said East ling:. 445.77 feet to a 11mestone monument at the snutheasturly
corner of sai-S Oak Hill Farm; thence North 5255'31" west, along the
souttrwesterly line, as accupipd. of said Oak Will farm, 3591.35 feet;
thei►ce North iF"53'04" erect, along said southwesterly line. as occupied,
555.4F► feet t4+ the point of beginning (excepting therefrom the 50 foot
wide right-nf way conveyed to the Fox and Illinois )Jnion .Railway Company
recorded in Deed Record 66 at Page 287? all in KenAall Township, Kendall.
Cuanty, lllint,is and conrainiTtig 163,522 acres as shown by the plat ficreon
dr-aNn which i=. a corrpr.t representation of said survey.
Dated aL Yorkville, Illinois January 17, 199D
JAMES M. OLSON
Ili inoi s Registered I.ar,d Surveyor No. 2253
JAMES M. OL50N ASSOCIATES, LTD.
107 blast Madisnrl Street
Yorkville, Illinois 60500
I70E375ri3-0050
Con cep t Flan
fVINDETT RIDGE � 4
Kendall Courity
^`. Yorkville, Illinois
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