Ordinance 2001-18 r
April 12, 2001
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
200 100018792
Filed for Record in
KENDALL COUNTY. ILLINOIS
PAUL ANDERSON
10-09-2001�-i i9-2i 01 At 02:27 PM.
ORDINANCE 19. 00
ORDINANCE 2001- 18
AN ORDINANCE ESTABLISHING SPECIAL 0\, mow`
TAX SERVICE AREA NUMBER 2001--//EFOR
PRAIRIE GARDENS 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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r
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
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entitled "Enabling Ordinance to Create Special Service Area 2001--Xfor Prairie Gardens
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 (1998).
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 Prairie Gardens Subdivision, as
well as any other common areas designated in the Declaration of Covenants and Restrictions dated
and Final Plats of the Prairie Gardens 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 fiirther 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
Prairie Gardens 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.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
of ,�- , A.D. 200
MAYOR
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
ay of A.D. 200
Attest: AJ.A-� K-
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89 040'05" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST
QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE
NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01'44'07" EAST, ALONG
SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE,
1075.45 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 01'44'07" EAST,
ALONG SAID CENTERLINE, 847.45 FEET; THENCE SOUTH 88 052'07" WEST, 1645.43
FEET TO AN OLD CLAIM LINE; THENCE NORTH 11'59'56" EAST, ALONG SAID
CLAIM LINE, 870.14 FEET TO A LINE DRAWN SOUTH 88°52'07" WEST FROM THE
POINT OF BEGINNING; THENCE NORTH 88°52'07" EAST, 1438.83 FEET TO THE POINT
OF BEGINNING(EXCEPTING THEREFROM THE NORTHERLY 270.38 FEET OF THE
EASTERLY 805.59 FEET, AS MEASURED ALONG THE EAST AND NORTH LINES, AND
EXCEPT THE EASTERLY 60.0 FEET, HAVING BEEN CONVEYED TO THE STATE OF
ILLINOIS) IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
CONTAINING 24.20 ACRES