Ordinance 2002-61 March 4, 2002
STATE OF ILLINOIS ) COPY
) SS.
COUNTY OF KENDALL )
ORDINANCE 2002- la 1
AN ORDINANCE ESTABLISHING SPECIAL
TAX SERVICE AREA NUMBER 2002-CUS-FOR
THE HIGHLANDS 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.
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SECTION 2: Findings.
A. The question of the establishment of the Special Tax Service Area hereinafter
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- for The Highlands
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 maybe made at anytime 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 The Highlands Subdivision, as
well as any other common areas designated in the Declaration of Covenants and Restrictions dated
and Final Plats of The Highlands 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
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necessary for public safety and is in the best interest of maintaining real property values within the
Heartland Circle Subdivision as described in the attached Exhibit "A".
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
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
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MAYOR
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ASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
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Attes
CIT CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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