Loading...
Ordinance 2000-17 )1t}f ti}lit}F�j led for Record in :=,;iJNt_.L. LU_A I Y L.L.I Nu,i PHLIL HND* HS0N STATE OF ILLINOIS ) ORDER RApril 25, 2000 1.00 ) SS. COUNTY OF KENDALL ) ORDINANCE 2000- 1 7 AN ORDINANCE ESTABLISHING SPECIAL TAX SERVICE AREA NUMBER 2000-JI FOR HEARTLAND 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. -1- 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 2000-1 for Heartland 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 Heartland Subdivision, as well as any other common areas designated in the Declaration of Covenants and Restrictions dated and Final Plats of the Heartland 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 -2- for public safety and is in the best interest of maintaining real property values within the Heartland 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. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA 1, 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 ay of , A.D. 20_. 1 MAYOR -3- P SSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ' day of , A.D. 204. . Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- LEGAL DESCRIPTION THAT PART OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 45 IN FOX RIVER GARDENS SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT 53912;THENCE NORTH 20 DEGREES 10 MINUTES 33 SECONDS EAST ALONG THE WESTERLY LINE OF SAID FOX RIVER GARDENS SUBDIVISION,A DISTANCE OF 1131.36 FEET TO THE SOUTHEASTERLY CORNER OF WACKERLIN'S SECOND SUBDIVISION,ACCORDING TO PLAT THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT R88-4050;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID WACKERLIN'S SECOND SUBDIVISION,A DISTANCE OF 984.29 FEET TO THE SOUTHEASTERLY CORNER OF LOT 3 IN SAID WACKERLIN'S SECOND SUBDIVISION;THENCE NORTH 18 DEGREES 00 MINUTES 44 SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 3,A DISTANCE OF 335.12 FEET TO THE SOUTHERLY LINE OF TUMA ROAD,DEDICATED BY PLAT OF SAID WACKERLIN'S SECOND SUBDIVISION;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID TUMA ROAD,A DISTANCE OF 66.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 3;THENCE SOUTH 18 DEGREES 00 MINUTES 44 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 335.12 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3;THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST,A DISTANCE OF 509.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID WACKERLIN'S SECOND SUBDIVISION; THENCE SOUTH 49 DEGREES 20 MINUTES 16 SECONDS WEST,A DISTANCE OF 482.43 FEET;THENCE NORTH 40 DEGREES 10 MINUTES 02 SECONDS WEST,A DISTANCE OF 507.28 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE,A DISTANCE OF 6.16 FEET TO THE SOUTHERLY LINE OF U.S.ROUTE 34 AS OCCUPIED;THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1480.00 FEET, SUBTENDING A CHORD BEARING SOUTH 73 DEGREES 38 MINUTES 06 SECONDS WEST,AN ARC DISTANCE OF 563.53 FEET;THENCE SOUTH 00 DEGREES 33 MINUTES 12 SECONDS EAST, A DISTANCE OF 322.37 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE SOUTH 46 DEGREES 72 MINUTES 39 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 82.37 FEET TO THE )UTHWESTERLY CORNER OF LOT 1 IN NELLIE BRANDT SUBDIVISION,ACCORDING TO THE PLAT THEREOF .<.ECORDED JUNE 21, 1972 AS DOCUMENT R72-2786;THENCE SOUTH 43 DEGREES 22 MINUTES 54 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID SUBDIVISION,A DISTANCE OF 228.55 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1;THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST,A DISTANCE OF 191.67 FEET; THENCE SOUTH 63 DEGREES 25 MINUTES 55 SECONDS WEST,A DISTANCE OF 59.09 FEET;THENCE SOUTH 45 DEGREES 05 MINUTES 09 SECONDS WEST,A DISTANCE OF 198.33 FEET;THENCE SOUTH 46 DEGREES 01 MINUTE 28 SECONDS WEST,A DISTANCE OF 104.90 FEET;THENCE SOUTH 76 DEGREES 58 MINUTES 10 SECONDS WEST,A DISTANCE OF 342.07 FEET TO THE CENTERLINE OF MCHUGH ROAD AS OCCUPIED;THENCE SOUTH 46 DEGREES 22 MINUTES 39 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 68.12 FEET;THENCE SOUTH 04 DEGREES 31 MINUTES 30 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD,A DISTANCE OF 604.92 FEET;THENCE SOUTH 81 DEGREES 05 MINUTES 30 SECONDS EAST,A DISTANCE OF 1655.09 FEET;THENCE NORTH 05 DEGREES 17 MINUTES 55 SECONDS EAST,A DISTANCE OF 741.35 FEET;THENCE SOUTH 76 DEGREES 21 MINUTES 36 SECONDS EAST,A DISTANCE OF 1427.19 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PART OF TUMA ROAD LYING NORTHERLY OF AND COINCIDENT WITH LOT 3 IN WACKERLIN'S SECOND SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT R88-4050. TOGETHER WITH: THAT PART OF U.S.ROUTE 34 LYING NORTHWESTERLY OF AND COINCIDENT WITH THE ABOVE DESCRIBED LAND. TOGETHER WITH: THAT PART OF MCHUGH ROAD LYING NORTHERLY AND WESTERLY OF AND COINCIDENT WITH THE ABOVE DESCRIBED LAND EXCEPT ANY PART THEREOF PREVIOUSLY ANNEXED.