Ordinance 2002-60 March 4, 2002
STATE OF ILLINOIS ) COPY
ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2002-\cP
ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA 2002-(3S FOR
THE HIGHLANDS SUBDIVISION
NOW COMES, WYNDHAM DEERPOINT HOMES and CREEK PARTNERS, L.L.C.,
"OWNERS" of THE HIGHLANDS 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, WYNDHAM DEERPOINT HOMES and CREEK PARTNERS, L.L.C.,
OWNERS, wishe to provide additional security to the UNITED CITY OF YORKVILLE for
purposes of guaranteeing unique and special municipal services to THE HIGHLANDS
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
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responsibilities, and administrative expenses for said Development; and
WHEREAS, the Declaration of Covenants and Restrictions of record dated
have provided a primary duty with the Homeowners Association of THE HIGHLANDS
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 HIGHLANDS
SUBDIVISION and if the Homeowners Association of THE HIGHLANDS 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 THE
HIGHLANDS 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:
SECTION I
That a Special Tax Service Area is created for the above-stated purposes in THE
HIGHLANDS SUBDIVISION covering all platted lots within said SUBDIVISION,known as"THE
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HIGHLANDS 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 Highlands 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 HIGHLANDS 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
Statute above cited in conformance with Illinois Compiled Statutes as to each individual dwelling
unit owner on any platted lot in said Subdivision.
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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 HIGHLANDS 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 4% A MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
(Aa Y of of , A.D. 20 u'
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this
ay of , A.D. 20a—
Attest: I
CITY &ERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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