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Ordinance 2022-20 I 111111111011111111111111 STATE OF ILLINOIS COUNTY OF KENDALL "Ell 2 tdi :11 4 4 - FILED - yy � pp _�.. .. .i R.,_ I pp JL..�'e::.._1:4 Eg _ L.L.I,. ...ir..T JUN 13 2022 E{I.C:t'.)Eit}E:Ei KENDALL COUNTY, IL. COUNTY CLERK RECORDED: 6/1/2022 12 15 PM LaTiCE. KENDALL COUNTY L 141.00 i PAGES: UNITED CITY OF YORKVILLE - KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2022-20 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2022-1 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (TIMBER RIDGE ESTATES) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 24th day of May,2022 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 May 31,2022. Ordinance No. 2022-20 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2022-1 IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Timber Ridge Estates) 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, the owner of record (the "Owner") of the real property hereinafter described (the "Subject Territory") that has been approved for an eight-three (83) single- family lot residential subdivision that by City ordinance must provide for a backup mechanism for payment of any and all costs of continued maintenance, repair and reconstruction of the storm water detention areas serving the Subject Territory; and, WHEREAS, it is in the public interest that a special service area be established for the Subject Territory for the purposes set forth herein and to be known as Special Service Area 2022-1. NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: Establishment. That it is in the public interest that Special Service Area 2022-1 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 a residential subdivision consisting of eight-three (83) single-family lots (Lots #1-83) and seven (7) common area lots (Lots #84-90) to be utilized for stormwater management basins. All lots are totally within the corporate limits of the City and an accurate map of the property within Special Service Area 2022-1 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 Ordinance No.2022-20 Page 1 Service Area 2022-1. 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 continued maintenance, repair and reconstruction of the storm water systems in the event that the Owner has 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; and (2) the maintenance and care, including erosion control of the property surrounding such detention and retention ponds and basins, drainage swales and ditches; and (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. Section 5: Hearing. That a public hearing was held on the 22nd day of March, 2022 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 2022-1 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 the Subject Territory 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 the Owner and all taxpayers of record owning taxable real property located within Special Service Area 2022-1, were heard at the public hearing held on March 22, 2022. 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 2022-1 or the levy of an annual tax in Special Service Area 2022- 1. 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 2020-1 and the maximum rate of such taxes to be extended in any year within the Area shall not exceed $1.10 for every $100.00 of equalized assessed value to pay the annual cost of providing the special services described above that shall be in addition to all other taxes permitted by law. Ordinance No.2022-20 Page 2 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 24th day of May, 2022. V3e)WA ity lerk KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 3-1141 day of (A CAX1 , 2022. Mayor Ordinance No.2022-20 Page 3 EXHIBIT A LEGAL DESCRIPTION LOTS 1 THROUGH 83 INCLUSIVE OF KENDALLWOOD ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHWEST '/4 OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 AND PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2007 AS DOCUMENT 200700035947, IN THE UNITED OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Permanent Tax Index Numbers: Lot 05-04-131-003 1 05-04-131-002 2 05-04-127-003 3 05-04-127-002 4 02-33-377-032 5 02-33-377-031 6 02-33-377-029 7 02-33-377-028 8 02-33-377-027 9 02-33-377-026 10 02-33-377-025 11 02-33-377-024 12 02-33-377-023 13 02-33-377-022 14 02-33-377-021 15 02-33-377-020 16 02-33-377-019 17 02-33-377-018 18 02-33-377-017 19 02-33-377-016 20 02-33-377-015 21 02-33-377-014 22 02-33-377-013 23 02-33-377-012 24 02-33-377-011 25 02-33-377-010 26 02-33-377-009 27 02-33-377-008 28 02-33-377-007 29 02-33-377-006 30 02-33-377-005 31 02-33-377-004 32 02-33-377-003 33 02-33-377-002 34 02-33-378-001 35 02-33-378-002 36 02-33-378-003 37 02-33-378-004 38 02-33-378-005 39 02-33-378-006 40 02-33-379-002 41 02-33-379-001 42 02-33-379-003 43 02-33-379-004 44 02-33-379-005 45 02-33-379-006 46 02-33-379-007 47 02-33-379-008 48 02-33-379-009 49 02-33-379-010 50 02-33-379-011 51 02-33-380-001 52 02-33-380-002 53 02-33-380-003 54 02-33-380-004 55 02-33-380-005 56 02-33-380-006 57 02-33-380-007 58 02-33-380-008 59 02-33-380-009 60 02-33-380-010 61 05-04-128-001 61 02-33-380-011 62 05-04-128-002 62 02-33-380-012 63 05-04-128-003 63 05-04-128-004 64 05-04-128-005 65 05-04-128-006 66 05-04-128-007 67 02-33-380-013 68 05-04-128-008 68 02-33-380-014 69 05-04-128-009 69 02-33-380-015 70 02-33-380-016 71 05-04-129-001 72 05-04-129-002 72 05-04-129-003 73 05-04-129-004 74 05-04-129-005 75 05-04-129-006 76 05-04-129-007 77 05-04-129-008 78 05-04-129-009 79 05-04-130-001 80 05-04-130-002 81 05-04-130-003 82 05-04-130-004 83 EXHIBIT B MAP FINAL PLAT OF GROUP .�... •�A.. 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EXHIBIT C PUBLIC HEARING NOTICE Notice of Hearing United City of Yorkville, Illinois Special Service Area Number 2022-1 Notice is Hereby Given that on March 22, 2022, at 7:00 p.m. in the United City of Yorkville City Hall, 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 2022-1 consisting of the following described real property (the "Subject Property) legally described as: LOTS 1 THROUGH 83 INCLUSIVE OF KENDALLWOOD ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 AND PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2007 AS DOCUMENT 200700035947, IN THE UNITED OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Permanent Tax Index Numbers: Lot 05-04-131-003 1 05-04-131-002 2 05-04-127-003 3 05-04-127-002 4 02-33-377-032 5 02-33-377-031 6 02-33-377-029 7 02-33-377-028 8 02-33-377-027 9 02-33-377-026 10 02-33-377-025 11 02-33-377-024 12 02-33-377-023 13 02-33-377-022 14 02-33-377-021 15 02-33-377-020 16 02-33-377-019 17 02-33-377-018 18 02-33-377-017 19 02-33-377-016 20 02-33-377-015 21 02-33-377-014 22 02-33-377-013 23 02-33-377-012 24 02-33-377-011 25 02-33-377-010 26 02-33-377-009 27 02-33-377-008 28 02-33-377-007 29 02-33-377-006 30 02-33-377-005 31 02-33-377-004 32 02-33-377-003 33 02-33-377-002 34 02-33-378-001 35 02-33-378-002 36 02-33-378-003 37 02-33-378-004 38 02-33-378-005 39 02-33-378-006 40 02-33-379-002 41 02-33-379-001 42 02-33-379-003 43 02-33-379-004 44 02-33-379-005 45 02-33-379-006 46 02-33-379-007 47 02-33-379-008 48 02-33-379-009 49 02-33-379-010 50 02-33-379-011 51 02-33-380-001 52 02-33-380-002 53 02-33-380-003 54 02-33-380-004 55 02-33-380-005 56 02-33-380-006 57 02-33-380-007 58 02-33-380-008 59 02-33-380-009 60 02-33-380-010 61 05-04-128-001 61 02-33-380-011 62 05-04-128-002 62 02-33-380-012 63 05-04-128-003 63 05-04-128-004 64 05-04-128-005 65 05-04-128-006 66 05-04-128-007 67 02-33-380-013 68 05-04-128-008 68 02-33-380-014 69 05-04-128-009 69 02-33-380-015 70 02-33-380-016 71 05-04-129-001 72 05-04-129-002 72 05-04-129-003 73 05-04-129-004 74 05-04-129-005 75 05-04-129-006 76 05-04-129-007 77 05-04-129-008 78 05-04-129-009 79 05-04-130-001 80 05-04-130-002 81 05-04-130-003 82 05-04-130-004 83 The approximate location of the Subject Property is just south of Van Emmon Road and east of Route 47 in Yorkville. The general purpose of the formation of the Special Service Area 2022-1 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; and (2) the maintenance and care, including erosion control of the property surrounding such detention and retention ponds and basins, drainage swales and ditches; and (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. All interested persons, including all persons owing taxable real property located within Special Service Number 2022-1 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 1st day of March 2022. Joni Behland City Clerk