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Ordinance 2020-17 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-17 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2020-1 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH (Lot#1 —4100 N. Bridge Street) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 24th day of March,2020 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on April 13,2020. Ordinance No. 2020-17 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2020-1 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH (Lot#1 —4100 North Bridge Street) BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: Authority. 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, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Tax Law"),to levy taxes in order to pay for the provision of special services to areas within the boundaries of the City. Section 2: Findings. The Mayor and City Council of the City finds as follows: A. That the owner of record(the"Owner")of the real property legally described in Exhibit A, attached hereto and made a part hereof(the "Subject Territory"), has developed the Subject Territory and there must be a backup mechanism for payment of any and all costs of continued maintenance, repair and reconstruction of all storm water detention and retention within the Subject Territory, all as hereinafter described; and, B. That it is in the public interest that the Mayor and City Council of the City consider the creation of a special service area for the Subject Territory; and, C. That the proposed special service area is a single lot; and, D. The municipal services to be provided in the event the special service area is established are in addition to the municipal service provided to the City as a whole and the proposed special service area will benefit from the special municipal services to be provided. Section 3: Proposal. The City agrees to proceed to consider the establishment of a special service area for the Subject Territory as Special Service Area 2020-1 for the purpose of payment of the costs of the maintenance of all storm water detention and retention. In the event the Owner has failed to do so, 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 (collectively the "Services") within the Special Service Area in the event the Owner of the Subject Territory fails to satisfactorily undertake the aforesaid ongoing maintenance, repair and replacement in compliance with the ordinances of the City and the Yorkville City Code. Section 4: Public Hearing. A public hearing shall be held on April 14, 2020 at 7:00 p.m. at the City municipal building at 800 Game Farm Road,Yorkville,Illinois,to consider the creation of the United City of Yorkville Special Service Area Number 2020-1 in the Subject Territory. Ordinance No.2020-17 Page 2 At the hearing,the following method of payment of the special City services to be provided within the proposed special service area will be considered: the levy of a tax by the City on each parcel of property in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the proposed rate of taxes for the initial year shall not exceed$1.10 for every$100.00 of equalized assessed value and the maximum rate of such taxes to be extended in any year within the proposed special service area shall not exceed $ 1.10 for every$100.00 of equalized assessed value. Section 5: Notice of Public Hearing. Notice of hearing shall be 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 shall be 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 said the Subject Territory. This notice shall be 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. The notice shall be in substantially the form set forth in Exhibit B attached hereto and made a part of this Ordinance. Section 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 24th day of March, 2020. • Ofta City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS ABSENT JASON PETERSON AYE Approved by me, as Mayor of the United City of Yo 'ill; Kendall County, Illinois, this a 7/1day of NI Pr Cti , 2020. Mayor Ordinance No.2020-17 Page 3 EXHIBIT A Legal Description THAT PART OF THE WEST HALF OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3 IN O'KEEFE SUBDIVISION UNIT ONE, RECORDED AS DOCUMENT 200800012915, THENCE NORTH 87 DEGREES 00 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 55.01 FEET; THENCE SOUTH 47 DEGREES 30 MINUTES 51 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 70.14 FEET TO THE NORTH RIGHT OF WAY OF ROSEWINKEL STREET; THENCE NORTH 87 DEGREES 00 MINUTES 59 SECONDS EAST ALONG SAID RIGHT OF WAY 108.35 FEET TO A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 315.00 FEET, A CHORD OF 285.32 FEET AND A CHORD BEARING OF NORTH 60 DEGREES 05 MINUTES 15 SECONDS EAST; THENCE ALONG SAID CURVE AND SAID RIGHT OF WAY 296.10 FEET TO A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 385.00 FEET, A CHORD OF 82.31 FEET, AND A CHORD BEARING OF NORTH 39 DEGREES 17 MINUTES 42 SECONDS EAST; THENCE ALONG SAID CURVE AND SAID RIGHT OF WAY 82.47 FEET; THENCE NORTH 02 DEGREES 02 MINUTES 41 SECONDS WEST 324.93 FEET; THENCE SOUTH 87 DEGREES 00 MINUTES 59 SECONDS WEST 520.01 FEET TO THE WEST RIGHT OF WAY OF ROUTE 47; THENCE SOUTH 02 DEGREES 02 MINUTES 41 SECONDS EAST ALONG SAID RIGHT OF WAY 465.06 FEET TO THE POINT OF BEGINNING. Permanent Tax Index Number: 02-09-100-003 Lot Number: 1 Common Address: 4100 North Bridge Street, Illinois 60560 The approximate location is the northeast corner of State Route 47 (Bridge Street) and Waterpark Way. Exhibit B Notice of Hearing United City of Yorkville, Illinois Special Service Area Number 2020-1 Notice is Hereby Given that on April 14, 2020, 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 2020-1 consisting of the following described real property legally described as: THAT PART OF THE WEST HALF OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3 IN O'KEEFE SUBDIVISION UNIT ONE, RECORDED AS DOCUMENT 200800012915, THENCE NORTH 87 DEGREES 00 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 55.01 FEET; THENCE SOUTH 47 DEGREES 30 MINUTES 51 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 70.14 FEET TO THE NORTH RIGHT OF WAY OF ROSEWINKEL STREET; THENCE NORTH 87 DEGREES 00 MINUTES 59 SECONDS EAST ALONG SAID RIGHT OF WAY 108.35 FEET TO A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 315.00 FEET, A CHORD OF 285.32 FEET AND A CHORD BEARING OF NORTH 60 DEGREES 05 MINUTES 15 SECONDS EAST; THENCE ALONG SAID CURVE AND SAID RIGHT OF WAY 296.10 FEET TO A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 385.00 FEET, A CHORD OF 82.31 FEET, AND A CHORD BEARING OF NORTH 39 DEGREES 17 MINUTES 42 SECONDS EAST; THENCE ALONG SAID CURVE AND SAID RIGHT OF WAY 82.47 FEET; THENCE NORTH 02 DEGREES 02 MINUTES 41 SECONDS WEST 324.93 FEET; THENCE SOUTH 87 DEGREES 00 MINUTES 59 SECONDS WEST 520.01 FEET TO THE WEST RIGHT OF WAY OF ROUTE 47; THENCE SOUTH 02 DEGREES 02 MINUTES 41 SECONDS EAST ALONG SAID RIGHT OF WAY 465.06 FEET TO THE POINT OF BEGINNING. Permanent Tax Index Number: 02-09-100-003 Lot Number: 1 Common Address: 4100 North Bridge Street, Illinois 60560 The approximate location is the northeast corner of State Route 47 (Bridge Street) and Waterpark Way. The general purpose of the formation of the Special Service Area 2020-1 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 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 2020-1 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 27th day of March 2020. Lisa Pickering City Clerk