Ordinance 2014-07 i
II
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-07
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF
SPECIAL SERVICE AREA NUMBER 2014-1
IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH
(Kingdom Hall of Jehovah Witness)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 11"'day of March,2014
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on March 31, 2014.
Ordinance No. 2014- 01
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF
SPECIAL SERVICE AREA NUMBER 2014-1
IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH
(Kingdom Hall of Jehovah Witness)
BE IT ORDAINED, by the Mayor and 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 a duly organized and validly existing non home-rule municipality 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 "Tax Law"), to levy taxes in order to pay for the provision of special services to
areas within the boundaries of the City.
Section 2: Yorkville City Code. That Section 606 of Article 6 of the City's
Stormwater Control Ordinance requires for the approval of a Stormwater Management
Permit the establishment of a special service area as a backup means of providing for the
long term maintenance of stormwater facilities in the event that the entity responsible for
the maintenance fails to perform its maintenance responsibilities; and,
Section 3: Findings. The Mayor and City Council of the City finds as follows:
A. That the owners of record (the "Owners") of the real property legally described
in Exhibit A, attached hereto and made a part hereof(the "Subject Property"),
have presented plans for the development of the Subject Property for a church
use and pursuant to Section 2 above must provide storm water management and
there must be a backup mechanism for payment of any and all costs of
continued maintenance, repair and reconstruction of the storm water system
located within and serving the Subject Property, all as hereinafter described;
and,
B. That it is in the public interest that the Mayor and City Council of the City
consider the creation of a special service area for the Subject Property; and,
C. That the proposed special service area is compact and contiguous; and,
D. The municipal services to be provided in the event the special service area is
established are in addition to the municipal service provided to the City as a
whole and the proposed special service area will benefit from the special
municipal services to be provided.
Section 4: Proposal. The City agrees to proceed to consider the establishment of a
special service area for the Subject Property as Special Service Area 2014-1 for the
purpose of payment of the costs of the management of storm water which directly affects
the Subject Property, including (1) the cleaning and dredging of storm water detention and
retention ponds and basins, drainage swales and ditches; (2) the maintenance and care,
Ordinance No.2014-Di
Page 2
including erosion control of the property surrounding such detention and retention ponds
and basins, drainage swales and ditches; (3) the maintenance, repair and replacement of
storm sewers, drain tile, pipes and other conduit, and appurtenant structures; (4) the care,
maintenance and restoration of wetland areas; and (5) the administrative costs incurred by
the City in connection with the above in the event the Owners or their association, if any,
fail to satisfactorily undertake the aforesaid ongoing maintenance, repair and
reconstruction in compliance with the ordinances of the City and the Yorkville City Code.
Section 5: Public Hearing. A public hearing shall be held on February 25, 2014 at
7:00 p.m. at the City municipal building at 800 Game Farm Road, Yorkville, Illinois, to
consider the creation of the United City of Yorkville Special Service Area Number 2014-1
in the Subject Territory.
At the hearing, the following method of payment of the special City services to be
provided within the proposed special service area will be considered: the levy of a tax by
the City on each parcel of property in the proposed special service area, sufficient to
produce revenues to provide special municipal services to the proposed special service
area; the proposed rate of taxes for the initial year shall not exceed $1.10 for every $100.00
of equalized assessed value and the maximum rate of such taxes to be extended in any year
within the proposed special service area shall not exceed $ 1.10 for every $100.00 of
equalized assessed value.
Section 6: 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 5 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 taxpayer of record. The notice shall be in substantially
the form set forth in Exhibit B attached hereto and made a part of this Ordinance.
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 United City of Yorkville, Kendall County, Illinois this
/ day of MOM , 2014.
(2(4-
7j E�UTY CITY CLERK -
Ordinance No. 2014-Pi
Page 3
CARLO COLOSIMO --� KEN KOCH
JACKIE MILSCHEWSKI � LARRY KOT
CHRIS FUNKHOUSER \ JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this /Q day of J4j?9 'q 2014.
A
Ordinance No.2014-01
Page 4
EXHIBIT A
LEGAL DESCRIPTION AND PROPERTY INDEX NUMBERS
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF
LANDS CONVEYED TO JERRY W. RYDER BY WARRANTY DEED
DATED OCTOBER 15, 1911 RECORDED AS DOCUMENT NUMBER
887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA ROAD; THENCE
SOUTH 01 DEGREES 14 MINUTES 59 SECONDS EAST, 1066.90 FEET
ALONG SAID WEST LINE; THENCE SOUTH 87 DEGREES 52
MINUTES 17 SECONDS WEST, 705.38 FEET ALONG THE SOUTH
LINE OF THE NORTH %2 OF THE SOUTHWEST % OF SAID SECTION
10,TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
LAST SAID SOUTH LINE SOUTH 87 DEGREES 52 MINUTES 17
SECONDS WEST, 474.26 FEET TO A LINE WHICH IS 35 FEET
EASTERLY AND PARALLEL WITH THE CENTERLINE OF
CANNOBALL TRAIL; THENCE NORTH 11 DEGREES 32 MINUTES
00 SECONDS EAST, 252.13 FEET ALONG LAST SAID PARALLEL
LINE; THENCE NORTH 87 DEGREES 52 MINUTES 17 SECONDS
EAST, 414.71 FEET; THENCE SOUTH 2 DEGREES 07 MINUTES 43
SECONDS EAST, 245.00 FEET TO THE POINT OF BEGINNING, IN
KENDALL COUNTY, ILLINOIS, CONTAINING 2.500 ACRES, MORE
OR LESS.
ALSO KNOWN AS: LOT 1 IN YORKVILLE KINGDOM HALL
SUBDIVISION OF PART OF THE NORTH %2 OF THE SOUTHWEST
OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINICPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 14, 2012 AS DOCUMENT NUMBER
20120008739, IN KENDALL COUNTY, ILLINOIS.
Permanent Tax Index Number: 02-10-300-015
Common Address: 1700 Cannonball Trail Yorkville, Illinois 60560
The approximate location is east of N. Cannonball Trail and south of Galena Road
in Yorkville, Illinois.
EXHIBIT B
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2014-1
Notice is Hereby Given that on February 25, 2014, at 7:00 p.m. in the City Hall
building at 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United
City of Yorkville (the "City") to consider forming a special service area to be called
Special Service Area 2014-1 consisting of the following described real property legally
described as:
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF
LANDS CONVEYED TO JERRY W. RYDER BY WARRANTY DEED
DATED OCTOBER 15, 1911 RECORDED AS DOCUMENT NUMBER
887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA ROAD; THENCE
SOUTH O1 DEGREES 14 MINUTES 59 SECONDS EAST, 1066.90 FEET
ALONG SAID WEST LINE; THENCE SOUTH 87 DEGREES 52
MINUTES 17 SECONDS WEST, 705.38 FEET ALONG THE SOUTH
LINE OF THE NORTH '/2 OF THE SOUTHWEST % OF SAID SECTION
10,TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
LAST SAID SOUTH LINE SOUTH 87 DEGREES 52 MINUTES 17
SECONDS WEST, 474.26 FEET TO A LINE WHICH IS 35 FEET
EASTERLY AND PARALLEL WITH THE CENTERLINE OF
CANNOBALL TRAIL; THENCE NORTH 11 DEGREES 32 MINUTES
00 SECONDS EAST, 252.13 FEET ALONG LAST SAID PARALLEL
LINE; THENCE NORTH 87 DEGREES 52 MINUTES 17 SECONDS
EAST, 414.71 FEET; THENCE SOUTH 2 DEGREES 07 MINUTES 43
SECONDS EAST, 245.00 FEET TO THE POINT OF BEGINNING, IN
KENDALL COUNTY, ILLINOIS, CONTAINING 2.500 ACRES, MORE
OR LESS.
ALSO KNOWN AS: LOT 1 IN YORKVILLE KINGDOM HALL
SUBDIVISION OF PART OF THE NORTH '/2 OF THE SOUTHWEST '/
OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINICPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 14, 2012 AS DOCUMENT NUMBER
20120008739, IN KENDALL COUNTY, ILLINOIS.
Permanent Tax Index Number: 02-10-300-015
Common Address: 1700 Cannonball Trail Yorkville, Illinois 60560
The approximate location is east of N. Cannonball Trail and south of Galena Road
in Yorkville, Illinois.
The general purpose of the formation of the Special Service Area 2014-1 is to provide
special governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds
and basins, drainage swales and ditches;
(2) the maintenance and care, including erosion control of the property
surrounding such detention and retention ponds and basins, drainage
swales and ditches;
(3) the maintenance, repair and replacement of storm sewers, drain tile,
pipes and other conduit, and appurtenant structures;
(4) the care, maintenance and restoration of wetland areas; and
(5) the administrative costs incurred by the City in connection with the
above (collectively,the "Services") within the Special Service Area.
All interested persons, including all persons owing taxable real property located
within Special Service Number 2014-1 will be given an opportunity to be heard and file
written objections regarding the formation of and the boundaries of the Special Service
Area and may object to the formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to
exceed $1.10 for every $100.00 of equalized assessed value of the property in the Special
Service Area to pay the annual cost of providing such Services. The proposed amount of
the tax levy for the initial year for which taxes will be levied within the special service area
will not exceed $1.10 for every $100.00 of equalized assessed value. No City Special
Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special
Service Area, including all persons owning taxable real estate therein, will be given an
opportunity to be heard. The hearing may be adjourned by the Mayor and City Council
without 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 Special
Service Area and by at least 51% of the owners of record of the land included within the
boundaries of the Special Service Area is filed with the City Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation of the
Special Service Area or the levy of an annual tax in the area, no such area may be created,
or no such levy may be made within the next two years.
Dated this day of , 2014
Beth Warren
City Clerk