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Ordinance 2002-54 February 26, 2002 COPY STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE NO. 2002-S4 ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2002-C)\_FOR HEARTLAND CIRCLE SUBDIVISION NOW COMES,RICHARD MARKER ASSOCIATES,INC.,"OWNER"of HEARTLAND CIRCLE SUBDIVISION, and the UNITED CITY OF YORKVILLE herein after referred to as "CITY" who agree to create a back-up Special Tax Service Area upon the following terms and conditions: WHEREAS, RICHARD MARKER ASSOCIATES, INC., OWNER, wishes to provide additional security to the UNITED CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the HEARTLAND CIRCLE SUBDIVISION and to provide a back-up mechanism for subdivision signage,common areas and detention within the subdivision in the event the Homeowners Association or Developers thereof fail to maintain those features; 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 providing for repair and maintenance of monuments, signage, landscaping, other common area maintenance responsibilities, and administrative expenses for said Development; and -1- WHEREAS, the Declaration of Covenants and Restrictions of record dated have provided a primary duty with the Homeowners Association of the HEARTLAND CIRCLE 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 HEARTLAND CIRCLE SUBDIVISION and if the Homeowners Association of the HEARTLAND CIRCLE SUBDIVISION does not satisfactorily, in the opinion of the City Administration of the UNITED CITY OF YORKVILLE,maintain those items above listed up to a safe and passable standard for the residents of said HEARTLAND CIRCLE 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 et. seq.provides for the creation of Special Tax Service Area for the provision of municipal services 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 Special Tax Service Area; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS: -2- SECTION I That a Special Tax Service Area is created for the above-stated purposes in the HEARTLAND CIRCLE SUBDIVISION covering all platted lots within said SUBDIVISION,known as "HEARTLAND CIRCLE SUBDIVISION". That the area designated for coverage by said Special Tax Service Area is as set out in the attached Exhibit"A"to this Ordinance. SECTION II That said Special Tax 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 Heartland Circle 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 Tax Service Area Tax Act, 35 ILCS 200\27-5 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 HEARTLAND CIRCLE SUBDIVISION only in the event that the Homeowners Association of said Subdivision or Developer 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 -3- 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 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 HEARTLAND CIRCLE SUBDIVISION;but in no event shall said assessment exceed $.50 per$100.00 of equalized assessed valuation. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE AND APPROVAL. MIKE ANDERSON JOSEPH BESCO VALERIE BURD 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 J day of , A.D. 20-S- 011 MAYOR -4- PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this )1-14ay of , A.D. 20-!-�-- Attest: CITY CNLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -5-