Ordinance 2003-27 ORDINANCE NO. an
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2003-100 (The Highlands) 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 2003-100 (The Highlands) 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 2003-100 (The
Highlands), 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 $1,500,000 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 $15,000,000 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 Hearin. 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 BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
PASSED AND APPROVED this day o , 2003.
Mayor
ATTEST:
e
[SEAL]
Published in pamphlet form April 22, 2003.
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EXHIBIT A
Legal Description
Exhibit A
SSA NORTH—THE HIGHLANDS
PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND PART OF THE
SOUTH HALF OF SECTION 4 AND PART OF SECTION 9 AND PART OF THE
NORTHWEST QUARTER OF SECTION 10,ALL IN TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF
ILLINOIS STATE ROUTE NO. 71 WITH THE EASTERLY LINE OF THE
ABANDONED RIGHT OF WAY OF THE FOX AND ILLINOIS UNION RAILWAY
COMPANY; THENCE SOUTH 12' 43' 53"EAST ALONG SAID EASTERLY LINE,
1102.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG
SAID EASTERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 1644.91 FEET, AN ARC LENGTH OF 540.21 FEET,A CHORD
BEARING OF SOUTH 03' 19' 23" EAST AND A CHORD DISTANCE OF 537.78
FEET; THENCE SOUTH 06' 05' 07" WEST ALONG SAID EASTERLY LINE, 27.35
FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID
EASTERLY LINE, BEING A CURVE CONCAVE EASTERLY HAVING A RADIUS
OF 1607.46 FEET, AN ARC LENGTH OF 131.61 FEET, A CHORD BEARING OF
SOUTH 03' 44' 23" WEST AND A CHORD DISTANCE OF 131.57 FEET TO A
SOUTHWESTERLY LINE OF "OAK HELL FARM"AS SHOWN ON A PLAT
RECORDED IN PLAT BOOK 5 AT PAGE 16 AND NOW IN CABINET OF PLATS
AT SLOT 303; THENCE SOUTH 76' 53' 04" EAST ALONG SAID
SOUTHWESTERLY LINE, 599.82 FEET TO AN ANGLE POINT IN SAID
SOUTHWESTERLY LINE; THENCE SOUTH 52' 55' 31" EAST ALONG A
SOUTHWESTERLY LINE OF SAID "OAK HILL FARM", 947.27 FEET; THENCE
NORTH 47' 04' 29" EAST,33.00 FEET; THENCE NORTH 42' 55' 31" WEST, 90.00
FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY AND
NORTHERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 370.00 FEET, AN ARC LENGTH OF 277.19 FEET, A CHORD
BEARING OF NORTH 21' 27' 45" WEST, AND A CHORD DISTANCE OF 270.76
FEET; THENCE NORTH 00' 00' 00" WEST, 73.86 FEET; THENCE NORTH 90' 00'
00"EAST, 135.00 FEET; THENCE NORTH 50' 53' 55"EAST, 90.20 FEET; THENCE
NORTH 90' 00' 00" EAST, 11.39 FEET TO A POINT OF CURVATURE; THENCE
NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 67.00 FEET, AN ARC LENGTH OF 61.89 FEET, A CHORD
BEARING OF NORTH 63' 32' 15"EAST,AND A CHORD DISTANCE OF 59.71
FEET; THENCE NORTH 37' 04' 29"EAST, 566.88 FEET TO A POINT OF
CURVATURE; THENCE NORTHEASTERLY, EASTERLY AND
SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 158.00 FEET,AN ARC LENGTH OF 246.22 FEET, A CHORD
BEARING OF NORTH 81' 43' 09" EAST AND A CHORD DISTANCE OF 222.05
FEET; THENCE NORTH 36' 21' 48"EAST, 125.19 FEET; THENCE NORTH 89' 45'
42"EAST,284.11 FEET; THENCE NORTH 00' 14' 18"WEST, 80.00 FEET;THENCE
SOUTH 89' 45' 42"WEST, 135.00 FEET;THENCE NORTH 00' 14' 18" WEST,
106.00 FEET; THENCE NORTH 89' 45' 42" EAST, 201.00 FEET;THENCE NORTH
00' 14' 18"WEST, 58.58 FEET TO A POINT OF CURVATURE; THENCE
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NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
333.00 FEET, AN ARC LENGTH OF 100.21 FEET, A CHORD BEARING OF NORTH
08' 51' 33" WEST, AND A CHORD DISTANCE OF 99.83 FEET; THENCE NORTH
17' 28' 47" WEST, 22.02 FEET TO A POINT ON A CURVE THROUGH'WHICH A
RADIAL LINE BEARS NORTH 15' 26' 27" WEST; THENCE EASTERLY ALONG A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1272.00 FEET, AN ARC
LENGTH OF 317.92 FEET, A CHORD BEARING OF NORTH 81' 43' 10" EAST
AND A CHORD DISTANCE OF 317.09 FEET; THENCE NORTH 88' 52' 46"EAST,
313.55 FEET; THENCE SOUTH 00' 14' 18" EAST, 324.16 FEET; THENCE SOUTH
89' 45' 42" WEST, 270.00 FEET; THENCE SOUTH 71' 50' 06" WEST, 69.37 FEET;
THENCE SOUTH 89' 45' 42" WEST, 270.00 FEET; THENCE SOUTH 00' 14' 18"
EAST, 80.00 FEET; THENCE NORTH 89' 45' 42"EAST,270.00 FEET; THENCE
NORTH 71' 50' 06" EAST, 69.37 FEET; THENCE NORTH 89' 45' 42" EAST, 336.00
FEET; THENCE NORTH 00' 14' 18" WEST, 57.13 FEET; THENCE NORTH.88' 52'
46"EAST, 510.04 FEET; THENCE SOUTH 01' 07' 14"EAST, 626.99 FEET;
THENCE NORTH 88' 52' 46"EAST, 508.12 FEET; THENCE NORTH 01' 07' 14"
WEST, 626.99 FEET; THENCE NORTH 88' 52' 46"EAST, 399.03 FEET TO A
POINT OF CURVATURE; THENCE EASTERLY AND NORTHEASTERLY ALONG
A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 390.00 FEET,
AN ARC LENGTH OF 34I.45 FEET, A CHORD BEARING OF NORTH 63' 47' 52"
EAST, AND A CHORD DISTANCE OF 330.65 FEET; THENCE NORTH 38' 42' 59"
EAST, 1716.64 FEET TO A POINT ON THE CENTERLINE OF ILLINOIS ROUTE
126 THROUGH WHICH A RADIAL LINE BEARS NORTH 39' 23' 36"EAST;
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THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 6875.55 FEET, AN ARC
LENGTH OF 134.09 FEET, A CHORD BEARING OF NORTH 51' 09' 55" WEST
AND A CHORD DISTANCE OF 134.09 FEET; THENCE NORTH 51' 47' 55" WEST
ALONG SAID CENTERLINE, 345.70 FEET TO A POINT OF CURVATURE
THROUGH WHICH A RADIAL LINE BEARS NORTH 38' 01")6"EAST; THENCE
NORTHWESTERLY ALONG SAID CENTERLINE,BEING A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 2292.35 FEET, AN ARC LENGTH OF
338.16 FEET, A CHORD BEARING OF NORTH 56' 11' 58" WEST,AND A CHORD
DISTANCE OF 337.86 FEET; THENCE SOUTH 33' 30' 34" WEST, 542.27 FEET;
THENCE SOUTH 62' 39' 08" WEST, 853.57 FEET; THENCE SOUTH 59' 51' 04"
WEST,355.65 FEET; THENCE NORTH 59' 30' 15"WEST, 256.51 FEET; THENCE
NORTH 0.1' 47' 11" EAST, 402.10 FEET TO AN OLD CLAIM LINE; THENCE
SOUTH 57' 54' 44" WEST ALONG SAID OLD CLAIM LINE, 299.00 FEET TO THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3,ALSO BEING
A POINT ON THE SOUTHEASTERLY LINE OF COUNTRY HILLS SUBDIVISION
PHASE ONE TO THE CITY OF YORKVILLE, ILLINOIS; THENCE SOUTH 55' 21'
32"WEST,ALONG SAID SOUTHEASTERLY LINE AND ITS WESTERLY
EXTENSION, 1408.23 FEET TO THE SOUTH LINE OF THE SOUTHEAST.
QUARTER OF SAID SECTION 4; THENCE SOUTH 55' 44' 12"WEST, 911.49
FEET; THENCE NORTH 23' 49' 34" WEST, ALONG THE EXTENSION OF AND
THE SOUTHWESTERLY LINE OF SAID COUNTRY HILLS SUBDIVISION,
1785.26 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 71;
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THENCE SOUTH 72' 02' 59" WEST ALONG SAID CENTERLINE, 428.59 FEET TO
THE NORTHEASTERLY CORNER OF THE GREENAWALT TRACT DESCRIBED
IN A QUIT CLAIM DEED RECORDED AS DOCUMENT NO. 9507730 ON
SEPTEMBER 25, 1995; THENCE SOUTH 23' 55' 01"EAST ALONG THE
EASTERLY LINE OF SAID GREENAWALT TRACT. 440.80 FEET; THENCE
SOUTH 72' 02' 59" WEST ALONG THE SOUTHERLY LINE OF SAID
GREENAWALT TRACT, 644.00 FEET; THENCE NORTH 23' 55' 01" WEST
ALONG THE WESTERLY LINE OF SAID GREENAWALT TRACT, 440.80 FEET
TO SAID CENTERLINE OF ILLINOIS STATE ROUTE NO. 71; THENCE SOUTH
72' 02' 59"WEST ALONG SAID CENTERLINE,46.36 FEET TO THE POINT OF
BEGINNING, IN KENDALL TOWNSHIP,KENDALL COUNTY, ILLINOIS
(CONTAINING 162.625 t ACRES)
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EXHIBIT B
Map of Special Service Area Number 2003-100 (The Highlands)
SPECIAL SERVICE AREA (SSA) EXHIBIT
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Exhibit 1 to Notice
Legal Description of Property
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2003-100 (The Highlands)
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 2003-100 (The Highlands)," 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 2003-100 (The Highlands) 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$1,500,000 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 $15,000,000 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 2003-100 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 2003-100
(The Highlands) 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 2 to Notice
Map of Proposed Special Service Area