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Ordinance 2015-12 DEBIB I E OILLETTE KENDALL COUNTY, IL RECORDED: 9/16/2815 18:45 AM ORDI: 56.88 RNSRS FEE: 18.88 RAGES: 11 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2015-12 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-2 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS (2800 STATE ROUTE 47—WRIGLEY) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 24th day of March, 2015 ST#IE OF ILLthalS COOR'Y LF KESSUL - FILLED - 4Ld95 SEP 16 Prepared by and Return to: COMY CLERK KIM=COUNir United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on March 31, 2015. 941E Of lt.lfMS couny 6f KEN8i4l.L - FILED - SEP 16 2015 CURK Ordinance No. 2015-12 kff)ji �- WAU COUNTY u�au couNrr AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-2 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (2800 State Route 47 - Wrigley) 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 expansion of its industrial facility and pursuant to the 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 2014-2. 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 2014-2 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 Numbers as stated in Exhibit A, attached hereto and made a part hereof by this reference, (hereinafter the "Area"). Ordinance No. 2015-12 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 2014-2. 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; and (4) 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 13`h day of January 2015 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 2014-2 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 owning taxable real property located within Special Service Area 2014-2, were heard at the public hearing held on January 13, 2015. 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 2014-2 or the levy of an annual tax in Special Service Area 2014-2. 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 Service Area 2014-2 and the maximum rate of such taxes to be extended in any year within Ordinance No. 2015-12 Page 3 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, Illinois this 24th day of March, 2015. cl)IOQ-- CITY CLERK CARLO COLOSIMO aye KEN KOCH Ue JACKIE MILSCHEWSKI aye LARRY KOT Ue _. JOEL FRIEDERS aye CHRIS FUNKHOUSER aye ROSE ANN SPEARS aye DIANE TEELING aye Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this d 1-o' day of M A R C 14 , 2015. )Vl4XW M R Ordinance No.2015-12 Page 4 EXHIBIT A LEGAL DESCRIPTION AND PROPERTY INDEX NUMBERS THAT PART OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF ILLINOIS STATE ROUTE 47, PER DOCUMENT 911532, EXTENDED SOUTHERLY WITH THE CENTERLINE OF CANNONBALL TRAIL (COUNTY ROAD NO. 10), PER DOCUMENT 99890; THENCE NORTH 07 DEGREES 55 MINUTES 11 SECONDS WEST, ALONG SAID SOUTHERLY EXTENSION AND SAID EASTERLY RIGHT-OF-WAY LINE, 1415.81 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE,NORTH 07 DEGREES 55 MINUTES 11 SECONDS WEST, 328.08 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 594.67 FEET, ALONG A TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 9596.90 FEET, A CHORD THAT BEARS NORTH 09 DEGREES 41 MINUTES 42 SECONDS WEST AND A CHORD OF 594.57 FEET TO THE NORTHERLY LINE OF THE LANDS DESCRIBED IN DOCUMENT 200500028756; THENCE NORTH 82 DEGREES 06 MINUTES 06 SECONDS EAST,ALONG SAID NORTHERLY LINE, 735.83 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 16 SECONDS EAST, 500.00 FEET; THENCE NORTH 82 DEGREES 06 MINUTES 06 SECONDS EAST, 420.00 FEET; THENCE SOUTH 07 DEGREES 53 MINUTES 44 SECONDS EAST, 1920.26 FEET TO THE EASTERLY EXTENSION OF THE SOUTHERLY MOST LINE OF SAID LANDS; THENCE SOUTH 82 DEGREES 06 MINUTES 06 SECONDS WEST, 800.63 FEET TO THE SOUTHERLY MOST CORNER OF SAID LANDS; THENCE NORTH 07 DEGREES 53 MINUTES 54 SECONDS WEST, ALONG A WESTERLY LINE OF SAID LANDS, 366.26 FEET; THENCE NORTH 74 DEGREES 53 MINUTES 54 SECONDS WEST, 637.00 FEET TO SAID POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Property Index Number: 02-16-300-009 and 02-16-300-008 Common Address: 2800 State Route 47 Yorkville, Illinois 60560 EXHIBIT B Area map of Special Service Area 2014-2 Hunt U i North �onaiban n„ °0 r: i � d �Fonfana� Commercial Oak ° Shadow E Bristol Ridge ' � South w d 3 L ,V d m � w �,�WlntetbecrY a � atiao �, TWinleat� � p�drea Cannonball � � w ,� � ,• ,,,...Fairbave -� ., .Faxon RJR` m c 4d9e ed� ` Alice �(sy L Yellowstone .a°I�Canyon_„ m yi iu a , <Rea "WBSfern Tei� � °e' s o t,goo z,000 G Feet Blackber; �� ry Shore .�i Engineering Enterprises,Inc. United City of YOrk,lile x WRIGLEY MANUFACTURING LOCATION MAP co......exncxttxs e..a.nK i9xx ROaa Premw.uo. .ohms szwnak,.o� I—N,IL toss. COMPANY s,xarerwe,�u�as s.ssa IsI.)555<ss. as/� x:GISFU&1crcoFNNUE/AiM UNTIED fS1Y OF VORKVILLE Isa';lacsc�oo/w..+-,.. e.wn M1no'/M+�++.rv 'ilk.tus li.,E. KENDALL COtINTV,ILLINOIS xo. oA1I zEVrsmxs Iva�n�scoana+A.m EXHIBIT C Copy of the Public Hearing Notice Notice of Hearing United City of Yorkville, Illinois Special Service Area Number 2014-2 Notice is Hereby Given that on January 13, 2015, 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 2014-2 consisting of the following described real property legally described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 16,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF ILLINOIS STATE ROUTE 47,PER DOCUMENT 911532,EXTENDED SOUTHERLY WITH THE CENTERLINE OF CANNONBALL TRAIL(COUNTY ROAD NO. 10),PER DOCUMENT 99890; THENCE NORTH 07 DEGREES 55 MINUTES 11 SECONDS WEST,ALONG SAID SOUTHERLY EXTENSION AND SAID EASTERLY RIGHT-OF-WAY LINE, 1415.81 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE,NORTH 07 DEGREES 55 MINUTES 11 SECONDS WEST,328.08 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE,594.67 FEET,ALONG A TANGENTIAL CURVE TO THE LEFT,HAVING A RADIUS OF 9596.90 FEET,A CHORD THAT BEARS NORTH 09 DEGREES 41 MINUTES 42 SECONDS WEST AND A CHORD OF 594.57 FEET TO THE NORTHERLY LINE OF THE LANDS DESCRIBED IN DOCUMENT 200500028756; THENCE NORTH 82 DEGREES 06 MINUTES 06 SECONDS EAST,ALONG SAID NORTHERLY LINE,735.83 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 16 SECONDS EAST,500.00 FEET; THENCE NORTH 82 DEGREES 06 MINUTES 06 SECONDS EAST,420.00 FEET; THENCE SOUTH 07 DEGREES 53 MINUTES 44 SECONDS EAST, 1920.26 FEET TO THE EASTERLY EXTENSION OF THE SOUTHERLY MOST LINE OF SAID LANDS; THENCE SOUTH 82 DEGREES 06 MINUTES 06 SECONDS WEST,800.63 FEET TO THE SOUTHERLY MOST CORNER OF SAID LANDS; THENCE NORTH 07 DEGREES 53 MINUTES 54 SECONDS WEST,ALONG A WESTERLY LINE OF SAID LANDS,366.26 FEET; THENCE NORTH 74 DEGREES 53 MINUTES 54 SECONDS WEST,637.00 FEET TO SAID POINT OF BEGINNING,ALL IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. Permanent Tax Index Number: 02-16-300-009 and part of 02-16-300-008 Common Address: 2800 State Route 47, Yorkville, Illinois 60560 The general purpose of the formation of the Special Service Area 2014-2 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 2014-2 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 17`h day of December, 2014 Beth Warren City Clerk United City of Yorkville 800 Game Farm Road EST. `� � 4 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 `gip•. www.yorkville.il.us ALE ���• 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 attached hereto is a full and complete copy of the original document identified as Ordinance No. 2015-12, passed by the City Council of the United City of Yorkville on March 24, 2015, entitled: "AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-2 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (2800 STATE ROUTE 47—WRIGLEY)" Dated this 12'h day of August, 2015. Lisa Pickering,Deputy Ci y erk SEAL