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Ordinance 2015-15 I T=OF ILLINOIS COUNTY Of KIENOALt. +0► ' - FILED - JUL 15 2016 G11 L-ET-rE KENDALL COUNTY, I!_ n COUNTY CLERK RECORDED: 7/15/2816 11:27 AM C -. . KENDALL COUNTY GRD I: 56.88 RNSPS FEE: 18.88 PAGES: 11 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2015-15 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-3 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (HEARTLAND MEADOWS—804 Bristol) Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 14th day of April, 2015 Prepared by and Return to: 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 April 24, 2015. Ordinance No. 201545- AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-3 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Heartland Meadows—804 Bristol) 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 residential development of its property 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 2014-3. 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 2014-3 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. 2015-15 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 2014-3 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 2014-3. 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 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 13th and 27th 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 2014-3 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 2014-3, were heard at the public hearing held on January 13 and 27, 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 2014-3 or the levy of an annual tax in Special Service Area 2014-3. 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 2014-3 and the maximum rate of such taxes to be extended in any year within Ordinance No.2015- 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 day of , 2015. Zf xe��- CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 4/ day of I C_ , 2015. J- OR Ordinance No. 2015- 5 Page 4 EXHIBIT A LEGAL DESCRIPTION AND PROPERTY INDEX NUMBERS THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF GALE'S ADDITION TO BRISTOL DESCRIBED AS FOLLOWS:COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF PARK STREET WITH THE EAST LINE OF BRISTOL AVENUE;THENCE NORTHERLY ALONG SAID EAST LINE;80.0 FEET;THENCE WESTERLY PARALLEL WITH SAID NORTH LINE 30.0 FEET TO THE CENTER LINE OF BRISTOL AVENUE;THENCE NORTHERLY ALONG SAID CENTER LINE 159.93 FEET;THENCE EASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 210. 0 FEET FOR A POINT OF BEGINNING;THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 100.0 FEET;THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 210.0 FEET TO SAID CENTER LINE;THENCE NORTHERLY ALONG SAID CENTER LINE 392.25 FEET TO THE CENTER LINE OF JACKSON STREET;THENCE EASTERLY ALONG SAID CENTER LINE 779.34 FEET TO THE WEST LINE OF A SUBDIVISION KNOWN AS" PRAIRIE PARK,YORKVILLE,KENDALL COUNTY,ILLINOIS";THENCE SOUTHERLY ALONG SAID WEST LINE 308.91 FEET TO AN ANGLE POINT IN SAID WEST LINE;THENCE SOUTHWESTERLY ALONG SAID WEST LINE 439.91 FEET TO A LINE DRAWN PARALLEL WITH AND 80.0 FEET NORTHERLY OF SAID NORTH LINE OF PARK STREET;THENCE WESTERLY ALONG SAID PARALLEL LINE 250.93 FEET TO A LINE DRAWN SOUTHERLY PARALLEL WITH THE EAST LINE OF BRISTOL AVENUE FROM THE POINT OF BEGINNING THENCE NORTHERLY ALONG SAID PARALLEL LINE 260.41 FEET TO THE POINT OF BEGINNING IN THE CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. Property Index Number: 02-28-353-011 and 02-28-376-001 Common address: 804 Bristol, Yorkville, Illinois 60560 EXHIBIT B Area map of Special Service Area 2014-3 ,r y d ■ N x y +Y Walnut "�`•• . n Jackson F-, I ` t �-N ple Aptr e n Marlin �t Victoria 5 ,M sm . � /� E■� 'Rt 0 000 600 Center •' � ��� �� ' .Y.e� i11YiE� _ �'_.: Feet `'� ELpineMn9�nHereNeas,Inc. Unitetl o/Vorkv Clty llle oN Crxo- votes _ Cl of HEARTLAND MEADOWS LOCATION MAP-SSA UNITED CITY OF VORKVILLE 20.�exatxexxf Uw�vwlw KENDALL COUNTY,ILUNOIS Iwola0.cs�oolvxnv.wwe.mn Mxx://rvwr,.gr0.x4.lua u®.KnoxKNLLE201L MTf 0.[vI510x5 _ EXHIBIT C Copy of the Public Hearing Notice Notice of Hearing United City of Yorkville, Illinois Special Service Area Number 2014-3 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 2014-3 consisting of the following described real property legally described as: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF GALE'S ADDITION TO BRISTOL DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF PARK STREET WITH THE EAST LINE OF BRISTOL AVENUE;THENCE NORTHERLY ALONG SAID EAST LINE; 80. 0 FEET;THENCE WESTERLY PARALLEL WITH SAID NORTH LINE 30.0 FEET TO THE CENTER LINE OF BRISTOL AVENUE;THENCE NORTHERLY ALONG SAID CENTER LINE 159.93 FEET;THENCE EASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 210. 0 FEET FOR A POINT OF BEGINNING;THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 100.0 FEET;THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 210.0 FEET TO SAID CENTER LINE;THENCE NORTHERLY ALONG SAID CENTER LINE 392.25 FEET TO THE CENTER LINE OF JACKSON STREET;THENCE EASTERLY ALONG SAID CENTER LINE 779.34 FEET TO THE WEST LINE OF A SUBDIVISION KNOWN AS " PRAIRIE PARK,YORKVILLE,KENDALL COUNTY,ILLINOIS";THENCE SOUTHERLY ALONG SAID WEST LINE 308.91 FEET TO AN ANGLE POINT IN SAID WEST LINE;THENCE SOUTHWESTERLY ALONG SAID WEST LINE 439.91 FEET TO A LINE DRAWN PARALLEL WITH AND 80.0 FEET NORTHERLY OF SAID NORTH LINE OF PARK STREET;THENCE WESTERLY ALONG SAID PARALLEL LINE 250. 93 FEET TO A LINE DRAWN SOUTHERLY PARALLEL WITH THE EAST LINE OF BRISTOL AVENUE FROM THE POINT OF BEGINNING THENCE NORTHERLY ALONG SAID PARALLEL LINE 260.41 FEET TO THE POINT OF BEGINNING IN THE CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. PINS: 02-28-353-011 and 02-28-376-001 Common Address: 804 Bristol, Yorkville, Illinois 60560 The general purpose of the formation of the Special Service Area 2014-3 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 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 2014-3 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`1' day of December, 2014 Beth Warren City Clerk o United City of Yorkville J r" ,+ 800 Game Farm Road EST 1 1636 Yorkville, Illinois 60560 -4 1- Telephone: 630-553-4350 0� 1 ' iM p� www.yorkville.il.us LLE �w 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. 2015-15, passed by the City Council of the United City of Yorkville on April 14, 2015, entitled: "AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2014-3 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (HEARTLAND MEADOWS — 804 Bristol)" Dated this 21"day of June,2016. Lisa Pickering, Deputy Cit Jerk SEAL