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Ordinance 2000-20 STATE OF ILLINOIS April 26, 2000 ) SS. COUNTY OF KENDALL r,L.t,4 L,A LAD_;N1-1 Y ILL 1lt--410 1'5 141i!'I- D Ht QCALI� PM. ORDINANCE 2000- aU AN ORDINANCE ESTABLISHING SPECIAL TAX SERVICE AREA NUMBER 2000-A' FOR SUNFLOWER ESTATES SUBDIVISION PHASE 2 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 Couricil pursuant to an Ordinance entitled "Enabling Ordinance to Create Special Service Area 2000-A� for Sunflower Estates Subdivision Phase 2", 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 Sunflower Estates Subdivision Phase 2, as well as any other common areas designated in the Declaration of Covenants and Restrictions dated and Final Plats of the Sunflower Estates Subdivision Phase 2, 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 -2- property values within the Sunflower Estates Subdivision Phase 2 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 MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by ,as Mayor of the United City of Yorkville,Kendall County,Illinois,this of [ \� , A.D. 200-3 MAYOR G- -3- PASSED by the ity Council of the United City of Yorkville,Kendall County, Illinois this L*ay of , A.D. 24 . Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- r + LEGAL DESCRIPTION That part of the South Half of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower Estates, Phase 1, Yorkville, Kendall County, Illinois; thence South 14'10'22" East along the West line of said Phase 1 extended 842.49 feet; thence North 87°56'25" East 760.86 feet; thence South 02°03'35" East 482.23 feet; thence southwesterly along a curve to the right having a radius of 30.0 feet, an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route No. 71; thence South 03°17'01" East along a line radial to said northerly right-of-way line 65.0 feet to the center line of said Illinois State Route No. 71; thence easterly along said center line 107.98 feet; thence North 02°03'35" West 511.60 feet; thence North 87°56'25" East 341.81 feet; thence North 02°03'35" West 150.0 feet; thence North 87°56'25" East 30.0 feet; thence North 02°03'35" West 66.0 feet; thence South 87°56'25" West 35.62 feet; thence North 01'44'07" West 170.28 feet; thence South 87°56'25" West 151.16 feet; thence North 02°03'35" West 30.0 feet, thence South 87°56'25" West 66.0 feet; thence South 02°03'35" East 50.27 feet; thence South 87°56'25" West 150.0 feet; thence North 01'39'12" West 617.53 feet to the Southeast corner of Lot 83 of said Sunflower Estates; thence South 88'39'12" West along the South line of Lot 83, 152.28 feet to the Southwest corner thereof, thence South 01'20'48" East 30.0 feet; thence South 88°39'12" West 66.0 feet; thence North 01°20'48" West 38.63 feet to the Southeast corner of Lot 67 of said Sunflower Estates; thence South 88°39'12" West along the South line of said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest corner of said Lot 66; thence southerly, along a curve to the right having a radius of 313.0 feet which is radial to a line drawn South 78°45'40" West from the last described point, an arc distance of 38.01 feet; thence South 85°43'10" West 66.0 feet; thence northerly along a concentric curve to the left, having a radius of 247.0 feet, an arc distance of 30.0 feet; thence South 78°45'40" West 148.24 feet; thence South 00°24'56" East 146.93 feet; thence South 89°35'04" West 182.89 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois.