Ordinance 2002-44 r
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October 8, 2002 ,
COPY
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2002-�
ENABLING ORDINANCE TO CREATE SPECIAL SERVICE AREA 2002-Oa FOR
AMG HOMES,INC.
AN ILLINOIS CORPORATION
(KYLYN'S RIDGE SUBDIVISION)
NOW COMES, AMG HOMES, INC., an Illinois Corporation, the Owner of 100% and
Developer ofKYLYN'S RIDGE SUBDIVISION and the UNITED CITY OF YORKVILLE herein
after referred to as"CITY"who agree to create a Special Service area upon the following terms and
conditions:
WHEREAS, AMG HOMES, INC., wishes to provide additional security to the UNITED
CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the
Kylyn's Ridge Subdivision; and
WHEREAS, the owners of 100% of the subject real property hereinafter described in the
attached Exhibit"A"have entered into a Declaration of Covenant and Restrictions for Kylyn's Ridge
Homeowners' Association dated providing for repair and maintenance of
monuments, signage, landscaping, other common area maintenance responsibilities, and
administrative expenses for said Development; and
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WHEREAS, the Declaration,of Covenants and Restrictions of record dated
have provided a primary duty with the Homeowners' Association of the Kylyn's Ridge
Subdivision to have maintenance and repair responsibility for the above specified purposes; and
WHEREAS, the CITY is desirous of providing a back-up mechanism providing for the
payment of any cost of maintenance and repair of the above-described purposes as well as any
common elements, and subdivision entrance monumentation and signage to the Kylyn's Ridge
Subdivision and if the Homeowners' Association of the Kylyn's Ridge Subdivision does not
satisfactorily, in the opinion of the United City of Yorkville, maintain those items above listed up
to a safe and passable standard for the residents of said Kylyn's Ridge Subdivision that a mechanism
be established in order to provide that services are provided, which shall not become a tax burden
on the general citizenry of the United City of Yorkville; and
WHEREAS, pursuant to 35 ILCS 200\27-5 (2000) et. seq. provides for the creation of
Special Service Area for the provision of municipal responsibility to be assessed to a given area to
finance those maintenance and improvements to the specifically designated area,providing unique
and special services contained in said Service Area; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED
CITY OF YORKVILLE AS FOLLOWS:
SECTION I
That a Special Service Area is created for tax purposes in the Kylyn's Ridge Subdivision
covering all platted lots within said SUBDIVISION, known as "Kylyn's Ridge Subdivision".
That the area designated for coverage by said Special Service Area is as set out in the
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attached Exhibit"A"to this Ordinance.
SECTION II
That said Special Service Area is being created as a secondary source of financing to provide
for any maintenance and repair of landscaping, subdivision entrance monumentation, and signage
within common areas not carried out by the Kylyn's Ridge Homeowners'Association as well as the
associated administrative expenses incurred by the City.
SECTION III
That prior to the imposition of any levy of taxes pursuant to an act creating a Special Service
Area Tax Act, 35 ILCS 200\27-5 (2000) et seq., a hearing shall be held in accordance with said
Statute providing for the amount of taxes to be levied,the purposes for which said taxes are levied,
and the necessity of levying said tax against the Kylyn's Ridge Subdivision only in the event that
the Homeowners' Association of said Subdivision does not maintain the above specified
improvements, as well as common areas,subdivision entrance monumentation and signage of said
Subdivision in a safe and passable manner.
SECTION IV
That any tax so levied shall be levied based on the assessed value of each of the taxable units
located within said Subdivision. Notification of said levy shall be given in accordance with said
Statute above cited in conformance with Illinois Compiled Statutes as to each individual dwelling
unit owner on any platted lot in said Subdivision.
SECTION V
The UNITED CITY OF YORKVILLE shall have power to issue Bonds pursuant to said
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Special Service Area Tax Act to complete said work and to levy repayment on an annual real estate
tax bill basis against each dwelling unit within the Kylyn's Ridge Subdivision.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE
AND APPROVAL.
MIKE ANDERSON �I JOSEPH BESCO
VALERIE BURD �I PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of��o�� . ,A.D. 21�.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of A.D. 20da.
Attest:
Z- U CITY LERK
Prepared by &Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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