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Ordinance 2002-56 November 22, 2002 STATE OF ILLINOIS ) DOPY ss. COUNTY OF KENDALL ) ORDINANCE NO. 2002-S6 ENABLING ORDINANCE TO CREATE SPECIAL SERVICE AREA 2002-Q3 FOR WISEMAN-HUGHES,INC., AN ILLINOIS CORPORATION (COACH ROAD HILLS N/K/A WINDETT RIDGE SUBDIVISION) NOW COMES, WISEMAN-HUGHES, INC., an Illinois Corporation, the Owner of 100% and Developer of COACH ROAD HILLS n/k/a WINDETT 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, WISEMAN-HUGHES, INC., an Illinois Corporation, wishes to provide additional security to the UNITED CITY OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the Coach Road Hills n/k/a Windett 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 Windett 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 1 WHEREAS, the Declaration of Covenants and Restrictions of record dated have provided a primary duty with the Homeowners' Association of the Coach Road Hills n/k/a Windett 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 Coach Road Hills n/k/a Windett Ridge Subdivision and if the Homeowners'Association of the Coach Road Hills n/k/a Windett 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 Coach Road Hills n/k/a Windett 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 (2002) 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 Coach Road Hills n/k/a Windett Ridge Subdivision covering all platted lots within said SUBDIVISION,known as "Windett Ridge 2 Subdivision". That the area designated for coverage by said Special Service Area is as set out in the 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 Windett 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 (2002) 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 Coach Road Hills n/k/a Windett 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. 3 SECTION V The CITY 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 Coach Road Hills n/k/a Windett Ridge Subdivision. 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 day of Q .D. 20 b L MAYOR 4 i PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 22&ay of , A.D. 20_k-1- Attest-. ` CI CLERK Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 5