Ordinance 2005-020 STATE OF ILLINOIS �
ss. COPY
COUNTY OF KENDALL )
ORDINANCE NO. 2005 - c ;Z0
ENABLING ORDINANCE TO CREATE SPECIAL SERVICE AREA 2005- FOR
MENARD. INC..
A WISCONSIN CORPORATION
(PRAIRIE MEADOWS SUBDIVISION)
NOW COMES, MENARD, INC., a Wisconsin Corporation, the Owner and Developer of
100% real property except for Lots 81, 82, 83, 84, and 85, and AMG HOMES, INC., an Illinois
Corporation, the Owner ofLots 81, 82, 83, 84, and 85 ofthe PRAIRIE MEADOWS SUBDIVISION
and the UNITED CITY OF YORKVILLE herein after referred to as "CITY" who agree to create a
Special Service area upon the following terms and conditions:
WHEREAS, MENARD, INC., wishes to provide additional security to the UNITED CITY
OF YORKVILLE for purposes of guaranteeing unique and special municipal services to the Prairie
Meadows Subdivision; and
WHEREAS, the owner of 100% of the subject real property hereinafter described in the
attached Exhibit "A" has entered into a Declaration of Covenant and Restrictions for the Prairie
Meadows Homeowners' Association dated providing for repair and
maintenance of monuments, signage, landscaping, other common area maintenance responsibilities,
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and administrative expenses for said Development; and
WHEREAS, the Declaration of Covenants and Restrictions of record dated
have provided a primary duty with the Homeowners' Association ofthe Prairie
Meadows Subdivision to have maintenance and repair responsibility for the above specified purposes;
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WHEREAS, the CITY is desirous of providing a back -up mechanism providing for the
payment of any cost of maintenance and repair of the above - described purposes as well as any
common elements, and subdivision entrance monumentation and signage to the Prairie Meadows
Subdivision and if the Homeowners' Association of the Prairie Meadows Subdivision does not
satisfactorily, in the opinion of the CITY, maintain those items above listed up to a safe and passable
standard for the residents of the Prairie Meadows Subdivision that a mechanism be established in
order to provide that services are provided, which shall not become a tax burden on the general
citizenry of the CITY; and
WHEREAS, pursuant to 35 ILCS 200 \27 -5 (2002) et. seq. provides for the creation of
Special Service Area for the provision of municipal responsibility to be assessed to a given area to
finance those maintenance and improvements to the specifically designated area, providing unique and
special services contained in said Service Area; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED
CITY OF YORKVILLE AS FOLLOWS:
SECTION I
That a Special Service Area is created for tax purposes in the Prairie Meadows Subdivision
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covering all platted lots within said SUBDIVISION, known as "Prairie Meadows Subdivision ".
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That the area designated for coverage by said Special Service Area is as set out in the attached
Exhibit "A" to this Ordinance.
SECTION H
That said Special Service Area is being created as a secondary source of financing to provide
for any maintenance and repair of landscaping, subdivision entrance monumentation, and signage
within common areas not carried out by the Prairie Meadows Homeowners' Association as well as
the associated administrative expenses incurred by the CITY.
SECTION III
That prior to the imposition of any levy oftaxes pursuant to an act creating a Special Service
Area Tax Act, 35 ILCS 200 \27 -5 (2002) et seq., a hearing shall be held in accordance with said
Statute providing for the amount of taxes to be levied, the purposes for which said taxes are levied,
and the necessity of levying said tax against the Prairie Meadows Subdivision only in the event that
the Homeowners = Association of said Subdivision does not maintain the above specified
improvements, as well as common areas, subdivision entrance monumentation and signage of said
Subdivision in a safe and passable manner.
SECTION IV
That any tax so levied shall be levied based on the assessed value of each of the taxable units
located within said Subdivision. Notification of said levy shall be given in accordance with said
Statute above cited in conformance with Illinois Compiled Statutes as to each individual dwelling unit
owner on any platted lot in said Subdivision.
SECTION V
The UNITED CITY OF YORKVILLE shall have power to issue Bonds pursuant to said
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Special Service Area Tax Act to complete said work and to levy repayment on an annual real estate
tax bill basis against each dwelling unit within the Prairie Meadows Subdivision.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON ITS PASSAGE
AND APPROVAL.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 20
Z�OR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 20
Attes .
CITIN CLERK
Prepared by & Return to:
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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