Ordinance 1996-06 r
STATE OF ILLINOIS )
SS.
COUNTY OF KENDALL )
ORDINANCE
AN ORDINANCE ESTABLISHING SPECIAL
SERVICE AREA NUMBER 1996-2
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF VILLAGE
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 Service Area hereinafter described
as a Special Service Area is considered by the CITY COUNCIL pursuant to an Ordinance
entitled "An Ordinance Proposing the Establishment of Special Service Area Number 1996-2 in
the UNITED CITY OF THE VILLAGE OF YORKVILLE, therewith for the benefit of"Phases
II & III of GREENBRIAR SUBDIVISION", and pursuant to a consent to the Recording of a
Special Service Tax Area Ordinance by sole owner of the subject real property, being Phases H
and III of Greenbriar Subdivision and waiving Public Hearing thereon, in whose name the general
taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within
the Special Service Area which is described legally as all real property located within
GREENBRIAR SUBDIVISION, Phase II and Phase III.
B. That the Public Hearing requirement is waived based upon the consent of the sole
owner affected as to the imposition of said Special Services Tax, for the purpose of providing
a backup system for the funding of extraordinary repairs to said subdivision in that it is necessary
to provide a method to insure maintenance of Open Space Areas not dedicated to the Park Board
and for detention areas as designated in the Final Plat of Phase H and Phase III of
GREENBRIAR SUBDIVISION and have a source of funding for the maintenance of said open
space and detention areas as is determined by the City Council of the UNITED CITY OF THE
VILLAGE OF YORKVILLE. The UNITED CITY OF THE VILLAGE OF YORKVILLE shall
further be reimbursed for any administrative costs incurred if any assessment is necessary to be
made.
The Special Service Area tax may be levied and may be assessed as follows on all of
the real property included in the special service area consisting of Phase H and Phase III of
GREENBRIAR SUBDIVISION:
To a maximum of (percent of equalized assessed valuation), ie; $.50 per $100.00 of assessed
valuation financed at no more than 3% in excess of the Federal Discount Rate charged to
Commercial Banks at the date any assessment is first made under this Ordinance. Said
assessments may be made at any time by the Village Board Resolution for an indefinite period
of time; or for a time determined in said Resolution.
C. Prior to the assessments being made for any part of the work done listed above, the
UNITED CITY OF THE VILLAGE OF YORKVILLE shall give the persons affected twenty-one
(21) days advance notice of a Public Meeting to be held so that input may be had as to said
assessment.
SECTION 3: This Special Services Area shall run for an indefinite period of rime.
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, and
approval.
PRESENTED to the City Council of the WJNITED CITY OF THE VILLAGE OF
�- da
YORKVILLE Kendall County, Illinois, on the �J y of May, 1996.
PASSED by the City Council of the UNITED CITY OF THE VILLAGE OF
2
YORKVILLE, Kendall County, Illinois on the`a3 day of May, 1996.
LZ
MAYOR
ATTEST:
IL
pa'o-
AGE�51,ERK
LAW OFFICES OF DANIEL J. KRAMER
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
3
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
SPECIAL SERVICE TAX AREA #2
UNITED CITY OF THE VILLAGE OF YORKVILLE
GREENBRIAR SUBDIVISION, PHASES 2 & 3
WAIVER OF NOTICE
NOW COMES, OLD SECOND NATIONAL BANK OF AURORA, as Trustee under
Trust # 53.5 F . as the sole owner of all real property located in Phases 2 & 3 of said
Subdivison located in THE UNITED CITY OF THE VILLAGE OF YORKVILLE, and as said
sole owner waives all rights to Notice, Public Hearings, and consent to the immediate approval
of the recording of a Special Service Tax Area Ordinance providing for the assessment of unique
and special services rendered to phases 2 & 3 of said Subdivision for the maintenance of
detention facility and open space to be maintained within the above-phases of said Subdivision.
IN WITNESS WHEREOF the undersigned Trustee as the Sole Owner of Phases 2 & 3
of Greenbriar Subdivision, located in THE UNTIED CITY OF THE VILLAGE OF YORKVILLE
does hereby consent to the approval of said Ordinance by THE UNITED CITY OF THE
VILLAGE OF YORKVILLE and the immediate recording thereof against Phase 2 & 3 of said
Subdivision.
This ejjtad b,',E7 OLD S27CONT3
instrument is c'
NAVOIN - OLD SECOND NATIONAL BANK as
condlt'c--,i -`' TRUSTEE UNDER TRUST # R'
SEC;J y'
as Tnu Executive V.P.
secs^Z ' _.
f?-.?il J t
Of the 'e C07 1W S, i a Ll a
w.1:itadd
in the ins et?.
By:
RONALD WEHRLI, as Sole Beneficiary of said Trust
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
708.553.9500