Ordinance 2014-35 E T T E
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-35
AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-1
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
(1700 Cannonball Trail)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 12"'day of August,2014
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road STAIE OF ILL0413
Yorkville, IL 60560 009W OF MAIL
- FILED -
SEP Z 6 2014
V ny COW cm
MALL COUNN
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on September 18, 2014.
Ordinance No. 2014-3 5'
014-35'
AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-1
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
(1700 Cannonball Trail)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is
a duly organized and validly existing non home-rule municipality authorized pursuant to
Article VII of the Constitution of the State of Illinois; and,
WHEREAS, pursuant to the provisions of Section 7(6) of Article VII of the 1970
Constitution of the State of Illinois, the City is authorized to create special service areas in
and for the City that are further established "in the manner provided by law;" and,
WHEREAS, pursuant to the provisions of the Illinois Special Service Area Tax
Law, (35 ILCS 200/27-5 et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.) the
City may establish special service areas to levy taxes in order to pay for the provision of
special services to areas within the boundaries of the City; and,
WHEREAS, Section 606 of Article 6 of the City's Stormwater Control Ordinance
requires for the approval of a Stormwater Management Permit the establishment of a
special service area as a backup means of providing for the long term maintenance of
stormwater facilities in the event that the entity responsible for the maintenance fails to
perform its maintenance responsibilities; and,
WHEREAS, the owner of record of the real property hereinafter described have
presented plans for the development of its property for a church use and pursuant to City's
Stormwater Control Ordinance described above must provide storm water management for
the property and there must be a backup mechanism for payment of any and all costs of
continued maintenance, repair and reconstruction of the storm water system located within
and serving the property, all as hereinafter described; and,
WHEREAS, it is in the public interest that a special service area be established for
the property hereinafter described for the purposes set forth herein and to be known as
Special Service Area 2014-1.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: Establishment. That it is in the public interest that Special Service
Area 2014-1 is herby established as a special service area for the purposes set forth herein
and consisting of the area legally described and with Property Index Number as stated in
Exhibit A, attached hereto and made a part hereof by this reference, (hereinafter the
"Area").
Ordinance No. 2014- 35
Page 2
Section 2: Area. That said Area is compact and contiguous and is totally within the
corporate limits of the City and an accurate map of the property within Special Service
Area 2014-1 is attached hereto and made a part hereof as Exhibit B.
Section 3: Purpose. That said Area will benefit specifically from the municipal
services to be provided and that such services are in addition to those municipal services
provided to the City as a whole, and unique and in the best interests of Special Service
Area 2014-1. The City's levy of special taxes against said Area shall be for the
management of storm water special services in the Area including:
(1) the cleaning and dredging of storm water detention and retention ponds and
basins, drainage swales and ditches;
(2) the maintenance and care, including erosion control of the property surrounding
such detention and retention ponds and basins, drainage swales and ditches;
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and
other conduit, and appurtenant structures;
(4) the care, maintenance and restoration of wetland areas; and
(5) the administrative costs incurred by the City in connection with the above in the
event the Owners or their association, if any, fail to satisfactorily undertake the
aforesaid ongoing maintenance, repair and reconstruction in compliance with the
ordinances of the City and the Yorkville City Code.
Section 5: Hearing. That a public hearing was held on the 27th day of May 2014 at
7:00 p.m. at the City municipal building at 800 Game Farm Road, Yorkville, Illinois, to
consider the creation of Special Service Area 2014-1 in the Area and to consider the levy
of an annual tax as further described in Section 7.
Section 6: Notice. Notice of the public hearing, attached hereto as Exhibit C, was
published at least once not less than fifteen (15) days prior to the public hearing specified
in Section 5 above, in a newspaper of general circulation in the City. In addition, notice
was given by depositing the notice in the United States mail addressed to the person or
persons 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 proposed special service area. This notice
was mailed not less than ten (10) days prior to the time set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice shall be sent to the person
last listed on the tax rolls prior to that year as the taxpayer of record.
Section 7: Objectors. That all interested persons, including all persons owing
taxable real property located within Special Service Area 2014-1, were heard at the public
hearing held on May 27, 2014. That no objections were filed with the City Clerk within
sixty (60) days following the final adjournment of the public hearing objecting to the
creation of the Special Service Area 2014-1 or the levy of an annual tax in Special Service
Area 2014-1.
Section 7: Tax. That there shall be levied in such years as the corporate authorities
may hereafter determine to be appropriate, a direct annual tax that in the initial year shall
not exceed $1.10 for every $100.00 of equalized assessed value of property in Special
Ordinance No. 2014- 35
Page 3
Service Area 2014-1 and the maximum rate of such taxes to be extended in any year within
the Area shall not exceed $ 1.10 for every $100.00 of equalized assessed value to pay the
annual cost of providing such special services that shall be in addition to all other taxes
permitted by law.
Section 8: Recording. The City Clerk shall file within 30 days of the adoption of
this ordinance a certified copy of this ordinance, including Exhibits A, B and C with the
County Clerk of Kendall County and with the Kendall County Recorder's Office.
Section 9: This Ordinance shall be in full force and effect upon its passage,
approval, and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illi is this
dayof -AUCU.5 , 2014.
CITY MERK
CARLO COLOSIMO KEN KOCH _ -
JACKIE MILSCHEWSKI TV — LARRY KOT
CHRIS FUNKHOUSER V JOEL FRIEDERS
ROSE ANN SPEARS V DIANE TEELING
Approved'by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
/9 day of 601- 52014.
A41 .
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MA R
Ordinance No.2014-
Page 4
EXHIBIT A
LEGAL DESCRIPTION AND PROPERTY INDEX NUMBER
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF
LANDS CONVEYED TO JERRY W. RYDER BY WARRANTY DEED
DATED OCTOBER 15, 1911 RECORDED AS DOCUMENT NUMBER
887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA ROAD; THENCE
SOUTH 01 DEGREES 14 MINUTES 59 SECONDS EAST, 1066.90 FEET
ALONG SAID WEST LINE; THENCE SOUTH 87 DEGREES 52
MINUTES 17 SECONDS WEST, 705.38 FEET ALONG THE SOUTH
LINE OF THE NORTH '/z OF THE SOUTHWEST % OF SAID SECTION
10,TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
LAST SAID SOUTH LINE SOUTH 87 DEGREES 52 MINUTES 17
SECONDS WEST, 474.26 FEET TO A LINE WHICH IS 35 FEET
EASTERLY AND PARALLEL WITH THE CENTERLINE OF
CANNOBALL TRAIL; THENCE NORTH 11 DEGREES 32 MINUTES
00 SECONDS EAST, 252.13 FEET ALONG LAST SAID PARALLEL
LINE; THENCE NORTH 87 DEGREES 52 MINUTES 17 SECONDS
EAST, 414.71 FEET; THENCE SOUTH 2 DEGREES 07 MINUTES 43
SECONDS EAST, 245.00 FEET TO THE POINT OF BEGINNING, IN
KENDALL COUNTY, ILLINOIS, CONTAINING 2.500 ACRES, MORE.
OR LESS.
ALSO KNOWN AS: LOT I IN YORKVILLE KINGDOM HALL
SUBDIVISION OF PART OF THE NORTH %2 OF THE SOUTHWEST
OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINICPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 14, 2012 AS DOCUMENT NUMBER
20120008739, IN KENDALL COUNTY, ILLINOIS.
Property Index Number: 02-10-300-015
Common Address: 1700 Cannonball Trail Yorkville, Illinois 60560
The approximate location is east of N. Cannonball Trail and south of Galena Road
in Yorkville, Illinois.
EXHIBIT B
Area map of Special Service Area 2014-1
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EXHIBIT C
Copy of the Public Hearing Notice
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2014-1
Notice is Hereby Given that on May 27, 2014, at 7:00 p.m. in the City Hall
building at 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United
City of Yorkville (the "City") to consider forming a special service area to be called
Special Service Area 2014-1 consisting of the following described real property legally
described as:
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF
LANDS CONVEYED TO JERRY W. RYDER BY WARRANTY DEED
DATED OCTOBER 15, 1911 RECORDED AS DOCUMENT NUMBER
887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA ROAD;
THENCE SOUTH O1 DEGREES 14 MINUTES 59 SECONDS EAST,
1066.90 FEET ALONG SAID WEST LINE; THENCE SOUTH 87
DEGREES 52 MINUTES 17 SECONDS WEST, 705.38 FEET ALONG
THE SOUTH LINE OF THE NORTH %2 OF THE SOUTHWEST % OF
SAID SECTION 10,TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG LAST SAID SOUTH LINE SOUTH 87
DEGREES 52 MINUTES 17 SECONDS WEST, 474.26 FEET TO A
LINE WHICH IS 35 FEET EASTERLY AND PARALLEL WITH THE
CENTERLINE OF CANNOBALL TRAIL; THENCE NORTH 11
DEGREES 32 MINUTES 00 SECONDS EAST, 252.13 FEET ALONG
LAST SAID PARALLEL LINE; THENCE NORTH 87 DEGREES 52
MINUTES 17 SECONDS EAST, 414.71 FEET; THENCE SOUTH 2
DEGREES 07 MINUTES 43 SECONDS EAST, 245.00 FEET TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS,
CONTAINING 2.500 ACRES, MORE OR LESS.
ALSO KNOWN AS: LOT 1 IN YORKVILL"E KINGDOM HALL
SUBDIVISION OF PART OF THE NORTH %z OF THE SOUTHWEST
'/ OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINICPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 14, 2012 AS DOCUMENT NUMBER
20120008739, IN KENDALL COUNTY, ILLINOIS.
Permanent Tax Index Number: 02-10-300-015
Common Address: 1700 Cannonball Trail Yorkville, Illinois 60560
The approximate location is east of N. Cannonball Trail and south of Galena Road
in Yorkville, Illinois.
The general purpose of the formation of the Special Service Area 2014-1 is to provide
special governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention
ponds and basins, drainage swales and ditches;
(2) the maintenance and care, including erosion control of the property
surrounding such detention and retention ponds and basins, drainage
swales and ditches;
(3) the maintenance, repair and replacement of storm sewers, drain tile,
pipes and other conduit, and appurtenant structures;
(4) the care, maintenance and restoration of wetland areas; and
(5) the administrative costs incurred by the City in connection with the
above (collectively, the "Services") within the Special Service Area.
All interested persons, including all persons owing taxable real property located
within Special Service Number 2014-1 will be given an opportunity to be heard and file
written objections regarding the formation of and the boundaries of the Special Service
Area and may object to the formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to
exceed $1.10 for every $100.00 of equalized assessed value of the property in the Special
Service Area to pay the annual cost of providing such Services. The proposed amount of
the tax levy for the initial year for which taxes will be levied within the special service
area will not exceed $1.10 for every $100.00 of equalized assessed value. No City
Special Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special
Service Area, including all persons owning taxable real estate therein, will be given an
opportunity to be heard. The hearing may be adjourned by the Mayor and City Council
without notice other than a motion to be entered upon the minutes of its meeting fixing
the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special
Service Area and by at least 51% of the owners of record of the land included within the
boundaries of the Special Service Area is filed with the City Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation of the
Special Service Area or the levy of an annual tax in the area, no such area may be
created, or no such levy may be made within the next two years.
Dated this 2nd day of May, 2014
Beth Warren
City Clerk
crr o United City of Yorkville
"` 't` 800 Game Farm Road
EST. ^� 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
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Sw p� www.yorkville.il.us
<ILL.E ��•`.
CERTIFIED COPY AFFIDAVIT
I, Lisa Pickering, Deputy City Clerk, in and for the United City of Yorkville, Kendall
County, State of Illinois, and Legal Custodian of the records, files and seal of said City do hereby
certify that the foregoing is a full and complete copy of the original document identified as
Ordinance No. 2014-35, passed by the City Council of the United City of Yorkville on August
12, 2014, entitled:
"AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER
2014-1 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS (1700 Cannonball Trail)"
Dated this 25`x'day of September,2014.
Lisa Pickering,Deputy C' y lerk
- SEAL _