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Ordinance 2017-42 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 2/28/2818 82:08 PM ORDI: 43.00 RRSPS FEE: 18.88 PAGES: 8 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2017-42 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2017-1 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Cedarhurst Living) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 22nd day of August,2017 IM O IKiM IPE"L - FNJW - Prepared by and Return to: FW 10 2018 United City of Yorkville _ 800 Game Farm Road IR�W1.901NIry 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 August 28, 2017. v 1!1.!8018 000w 0P8E110U - FKM - Ordinance No.2017- FS Z 0 20% ��rr��,,;;;;,, ©DUMiY Ctrl( AN ORDINANCE ESTABLISHING SPECIAL SERVICE ARE�lV'1'I�6IBVRk7 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Cedarhurst Living) 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, certain owners of record ("Owners") of the real property hereinafter described (the "Subject Territory") have developed the property and/or presented plans for residential development of the property and there must be a backup mechanism for payment of any and all costs of long term maintenance of stormwater facilities within the Subject Territory in the event that the Owners fail to perform its maintenance responsibilities,; 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 2017-1. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: Estabfishment. That it is in the public interest that Special Service Area 2017-1 is hereby established as a special service area for the purposes set forth herein and consisting of the Subject Territory that is legally described and that contains the Property Index Numbers as stated in Exhibit A, attached hereto and made a part hereof by this reference. Section 2: Area. That said Subject Territory 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 2017-1 is attached hereto and made a part hereof as Exhibit B. Section 3: Purpose. That said Subject Territory 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 2017-1. The City's levy of special taxes against said Subject Territory shall be to provide a backup mechanism for payment of any and all costs of the long term maintenance of stormwater Ordinance No.2017-R Page 2 facilities in the event that the Owners within the Special Service Area have failed to do so. The special governmental services for the Special Service Area 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; and (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. Section 5: Hearing. That a public hearing was held on the 13th day of June, 2017 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 2017-1 in the"Subject Territory" 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 persons, including all taxpayers of record and persons owning taxable real property located within Special Service Area 2017-1, were heard at the public hearing held on June 13, 2017.. That less than fifty-one percent (51%) of the electors residing in Special Service Area 2017-1 and fifty-one percent (51%) of the owners of land included in the boundaries of Special Service Area 2016-1 filed no objections 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 2017-1 or the levy of an annual tax in Special Service Area 2017-1. Section 8: 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 2016-1 and the maximum rate of such taxes to be extended in any year within the "Subject Territory" 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 9: 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. Ordinance No.2017-4Q Page 3 Section 10: 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 2017. CITY CLE t CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER ` JOEL FRIEDERS If SEAVER TARULIS ALEX HERNANDEZ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this c2''J day of -{U6 U5% 52017. MAYOR Ordinance No.2017- rc� Page 4 EXHIBIT "A" That part of the Northwest Quarter of Section 29,Township 37 North,Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northeast corner of said Northwest Quarter; thence South 88 degrees 41 minutes 11 seconds West along the South line of Oak Knolls Subdivision,317.68 feet to the center line of Cannonball Trail;thence South 21 degrees 49 minutes 35 seconds West along said center line 219.07 feet to the Northerly line of a tract conveyed to Kendall County by Document No 907978 ; thence South 68 degrees 10 minutes 25 seconds East along said North line 35.0 feet to the East line of Cannonball Trail; thence South 18 degrees 56 minutes 6 seconds West along said East line 198.25 feet to an angle point; thence South 21 degrees 49 minutes 35 seconds West along said East line 185.73 feet to an angle point; thence South 45 degrees, 10 minutes 25 seconds East along said East line 73.20 feet to the Northerly line of U.S.Route No.34; thence Easterly along said Northerly line,being along a curve to the right having a radius of 7,538.42 feet,an arc distance of 462.40 feet to the East line of said Northwest Quarter; thence North 00 degrees 49 minutes 35 seconds West along said East line 697.74 feet to the point of beginning in Bristol Township,Kendall County,Illinois. Permanent Tax Index Number:02-29- 100-004 and 02-29- 100-005 Common Address: 1690 Cannonball Trail Yorkville,Illinois 60560 E xtq iaIT (� -• F IX6TINC ZONING P.V.D. B-1.8-2.0) j PROPOSED ZONNG(P.U.D)8-2 / , 9 C9 W.PA1 rtlC®9 /:i • U.LOT WE:261.8121 S0.R.(8.118 ACJ � N•I.9NN� [� �' 'a 285,06', ® C 0 W C'E '•T U A L SETBACK REOUIREMENTS: p / C r \--,NOT FOIA CONSi'�FICTION II /'@ o IANDS}PMG SCREENMC ; • FRONT YARD-NO YNWIUM • CORNER SIDE YARD }R' • NDE YARD.30'VRMIBDpNA1 YARD) REAR YARD b'(IRANSIOONAL MMD) LNID3GIPING BUFFER.30 OF OF NE c FSU 'RG �/ BUILDING AREA: � • PROPOBW 2-STORY BULgNC:A4514RL • M K OFFICE BURRING: • TRTAL NUMBER DWEWNU O NOS:1J ---------------" • LOT COYERA(x WILL Nor EXCEED GAYS 20MND pNS ,� /�/ _y -�l �)oNc YrusuuY nc¢m�ous suRFADE(asst OF THE Ross w� p / / O PARKING DATA: It MBER - NUOF REOUTAR PANRINO STALLS:43 /, //„ `T2t• !rt , V r • NUMBER OF AM SPALLS: " r • TOTAL NUYBEit OF STALLS:IB / // ,- 89.' S TOTAL MIYBER OF STALLS REWIRED:31 TYPMAL PARXRm Wrong:9.0' / �� F,/i/r%• B - - 612 �,E{ r, • TYPMAL PARItNC tFNcrN:I9' 6.148 a TYPMAL ISLE W1DTM 24'MW. Cc PMMNG RATro:0.83 PER DWELLNO UNR „ Y ' --- nx.�ry Sr PARMNC RATIO REWIRED:0.1 PER OWELLNO UMF I UKY I65 G '1 IIall / I 9 • 51-, r KENDALL f• ' MARKETPLACE 8 < u oV i __ • //' /�� h MOIIKQ1 �$ __ __� •���qv 4 I r?� _A���1 y� �� 8 � _ (pry I L-482.40'R. i t w _ --�U.S. Rp 34 == "'_= ---- — PP�wn:os UTE �__ • —. '� �� osa.•Www �i�° R4fdS p -= --� fir'-., ••� � rE.o�M —•—g�A��\ A—A—A EX—F / A A_A_ Exhibit C Notice of Hearing United City of Yorkville, Illinois Special Service Area Number 2017-1 Notice is Hereby Given that on June 13, 2017, 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 2017-1 consisting of the following described real property legally described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES 41 MINUTES 11 SECONDS WEST ALONG THE SOUTH LINE OF OAK KNOLLS SUBDIVISION, 317.68 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID CENTER LINE 219.07 FEET TO THE NORTHERLY LINE OF A TRACT CONVEYED TO KENDALL COUNTY BY DOCUMENT NO 907978; THENCE SOUTH 68 DEGREES 10 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE 35.0 FEET TO THE EAST LINE OF CANNONBALL TRAIL; THENCE SOUTH 18 DEGREES 56 MINUTES 6 SECONDS WEST ALONG SAID EAST LINE 198.25 FEET TO AN ANGLE POINT; THENCE SOUTH 21 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID EAST LINE 185.73 FEET TO AN ANGLE POINT; THENCE SOUTH 45 DEGREES, 10 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE 73.20 FEET TO THE NORTHERLY LINE OF U.S. ROUTE NO. 34; THENCE EASTERLY ALONG SAID NORTHERLY LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7,538.42 FEET, AN ARC DISTANCE OF 462.40 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID EAST LINE 697.74 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Permanent Tax Index Number: 02-29-100-004 and 02-29-100-005 Common Address: 1690 Cannonball Trail Yorkville, Illinois 60560 The approximate location is east of Cannonball Trails and north of US 34 (Veterans Parkway)in Yorkville, Illinois. The general purpose of the formation of the Special Service Area 2017-1 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 2017-1 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 24th day of May, 2017 Beth Warren City Clerk