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Ordinance 2002-59 October 8, 2002 20030000 2856 Filed for Record in STATE OF ILLINOIS ) KENDALL COUNTY, ILLINOIS PAUL ANDERSON ) SS. 01-28-2003 At 02:16 RM. COUNTY OF KENDALL ) ORDINANCE 19.00 ORDINANCE 2002- AN ORDINANCE ESTABLISHING SPECIAL TAX SERVICE AREA NUMBER 2002-P-i FOR KYLYN'S RIDGE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Authority to Establish Special Service Area. Special Service Areas are established pursuant to Article VII, Section 7, of the Constitution of the State of Illinois, in force July 1, 1971, which provides: "Counties and municipalities which are not home-rule units shall have only powers granted to them by law and the powers...(6)to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services." and are established pursuant to the provisions of an Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home-rule units and non-home-rule municipalities and counties and pursuant to the Revenue Act of 1939. SECTION 2: Findings. A. The question of the establishment of the Special Tax Service Area hereinafter -1- described as a Special Tax Service Area is considered by the City Council pursuant to an Ordinance entitled "Enabling Ordinance to Create Special Service Area 2002- O l for Kylyn's Ridge Subdivision",in the United City of Yorkville,and pursuant to a waiver and consent to the imposition of a Special Tax Service Area executed by the owner of 100%interest in said subdivision,without the necessity of any public hearing, or period for objection pursuant to 35 ILCS 200/27-5 (2002). B. The special tax shall be levied and shall be assessed as follows on all of the real property included in the special service area: A maximum of (percent of assessed valuation), i.e.; $.50 per $100.00 of equalized assessed valuation. Said assessments may be made at any time by City Ordinance for an indefinite period of time; or for a time determined in said Ordinance after all required public hearings. At the hearing, all persons affected will be given an opportunity to be heard. The assessment made at said hearing will only be for the purpose of accomplishing extraordinary and unique repairs and maintenance as set out above in said subdivision. It is necessary to provide a back-up method to insure that monuments, signage, and landscaping within the common areas of Kylyn's Ridge Subdivision, as well as any other common areas designated in the Declaration of Covenants and Restrictions dated +. be- reco-6ed ::M-N e- ac;h Fval ►A,4 and Final Plats of Kylyn's Ridge Subdivision, to the Recorder of the United City of Yorkville a source of funding in the event said Homeowner's Association fails to maintain and repair said facilities in a safe and useable condition as is determined by the City Council of the United City of Yorkville. The United City of Yorkville shall further be reimbursed for any administrative costs incurred if any assessment is necessary to be made. This program is necessary for public safety and is in the best interest of maintaining real property values within Kylyn's Ridge Subdivision as described in the attached Exhibit "A". -2- C. Prior to the assessments being made for any part of the work done listed above,the United City of Yorkville shall give the persons affected advance notice of a Public Hearing as per Illinois Compiled Statutes governing Special Tax Service Areas to be held so that input may be had as to said assessment. SECTION 3: This Special Tax Services Area shall run for an indefinite period of time. SECTION 4: All Ordinances or parts of Ordinances in conflict with these provisions are repealed. SECTION 5: This Ordinance shall become effective from and after its passage, approval, and publication in pamphlet form in the manner prescribed by law. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPR VED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this �24 day of , A.D. 20 MAYOR -3- PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this )l�da Y of A.D. 20 Att CITY LERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- EXHIBIT A LEGAL DESCRIPTION: THAT PART OF SECTION 19 AND ALSO THAI' PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER SECONDS EASTTALONG THE EAST LOINE OF SAID DEGREES 39 MINUTES 04 S SECTION 19, A DISTANCE OF 147.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE OF 1885.72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00 FEET; S WEST A THENCE NORTH 80 DEGREES 27 MINUTES 23 SECOND. DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37 SECONDS EAST, A DISTCE NOR HF80 DEGREES 27 MINUTES CENTERLINE 23 S CONDS WEST FAXON ROAD; THENCE ALONG SAID ROAD CENTERLINE., A DISTANCE OF 351.94 FEET; THENCE THE NORTH 80 DEGREES 15 MINUTES 53 SECONDS OF EST, LONG THENCE CENTERLINE OF FAXON ROAD, A DISTANCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD SOO CENTERLINE, A DISTANCE OF 332.13 FEET;THEg 12 SOUTH THENCE OEUTH MINUTES 00 SECONDS EAST,A DISTANCE 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.Od FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 971.15 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 39 SECONDS EAST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING, IN BRISTOL, TOWNSHIP, KENDALL COUNTY, ILLINOIS. AREA: 69.82 ACRES (INCLUDES AREA IN ROAD)