Ordinance 2005-004 200500012264
Filed for Record in
STATE OF ILLINOIS ) KENDALL COUNTYf ILLINOIS
PAUL ANDERSON
SS. 05 -03 -2005 At 09:27 an.
COUNTY OF KENDALL ) ORDINANCE 29.00
ORDINANCE 2005-
AN ORDINANCE ESTABLISHING SPECIAL
TAX SERVICE AREA NUMBER 2005 - I FOR
PRAIRIE MEADOWS SUBDIVISION
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.
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SECTION 2: Findings.
A. The question of the establishment of the Special Tax Service Area hereinafter
described as a Special Tax Service Area is considered by the City Council pursuant to an Ordinance
entitled "Enabling Ordinance to Create Special Service Area 2005 - 1 for Prairie Meadows
Subdivision ", 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 (2002).
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 maybe made at anytime 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 Prairie Meadows Subdivision, as well as any
other common areas designated in the Declaration of Covenants and Restrictions dated
)-- h� a nd Final Plats of Prairie Meadows Subdivision, 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 in an amount not to exceed fifteen percent (15 %)
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of the cost of the aforementioned repair and maintenance. This program is necessary for public
safety and is in the best interest of maintaining real property values within the Prairie Meadows
Subdivision 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
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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.
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT L MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of �-� B -J , A.D. 20
AYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of �j , A.D. 20 .
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Attest:
CI CLERK
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Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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EXHIBIT A
FULL LEGAL DESCRIPTION
THAT PART OF THE EAST HALF OF SECTION 21 AND PART OF THE WEST
HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT AN
EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL
LOCATION OF A STONE IN THE CENTER OF THE ORIGINAL BRISTOL AND
OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST
AND NORTH 35 DEGREES 30 MINUTES 00 SECONDS WEST 11.02 CHAINS
FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23
MINUTES 07 SECONDS WITH THE CENTER LINE OF U.S. ROUTE 34,
MEASURED FROM THE NORTHEAST TO NORTHWEST, 2054.60 FEET; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 07
MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED
CLOCKWISE THEREFROM, 825.40 FEET; THENCE NORTHWESTERLY ALONG
A LINE FORMING AN ANGLE OF 269 DEGREES 46 MINUTES 00 SECONDS
WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 508.20 FEET FOR THE POINT OF BEGINNING; THIS LINE
HEREINAFTER REFERRED TO AS "LINE A "; THENCE SOUTHWESTERLY
ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 07 MINUTES 35
SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 2657.62 FEET; THENCE NORTH ALONG A LINE FORMING AN
ANGLE OF 53 DEGREES 07 MINUTES 29 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTER - CLOCKWISE THEREFROM,
2004.69 FEET TO A POINT IN THE CENTER LINE OF KENNEDY ROAD; THENCE
EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 96
DEGREES 22 MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE,
MEASURED COUNTERCLOCKWISE THEREFROM, 174.48 FEET; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 518.48 FEET, 197.57
FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TANGENT TO
THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 264.42 FEET;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN
ANGLE OF 180 DEGREES 31 MINUTES 15 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTER- CLOCKWISE THEREFROM,
507.14 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH
FORMS AN ANGLE OF 180 DEGREES 52 MINUTES 04 SECONDS WITH THE
LAST DESCRIBED COURSE, MEASURED COUNTER - CLOCKWISE
THEREFROM, 333.07 FEET TO SAID "LINE A" EXTENDED FROM THE
SOUTHEAST; THENCE SOUTHEASTERLY ALONG SAID "LINE A" EXTENDED
1295.68 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PART OF LOT 3
OF MENARDS COMMERCIAL COMMONS, BEING A SUBDIVISION OF PART OF
SECTIONS 21, 22 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 80 DEGREES 19
MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3,
1445.56 FEET; THENCE SOUTH 9 DEGREES 43 MINUTES 51 SECONDS EAST,
715.00 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST,
36.04 FEET; THENCE SOUTH 4 DEGREES 04 MINUTES 34 S ECONDS WEST,
1115.37 FEET; THENCE SOUTH 23 DEGREES 11 MINUTES 00 SECONDS WEST,
103.22 FEET; THENCE SOUTH 10 DEGREES 02 MINUTES 21 SECONDS WEST,
91.79 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST,
453.31 FEET; THENCE NORTH 43 DEGREES 41 MINUTES 21 SECONDS EAST,
14.46 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST,
596.07 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 49
DEGREES 50 MINUTES 06 SECONDS EAST, ALONG AN EASTERLY LINE OF
SAID LOT 3, 711.52 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE
NORTH 3 DEGREES 16 MINUTES 56 SECONDS WEST, 1964.59 FEET TO THE
POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.