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HomeMy WebLinkAboutOrdinance 2026-19202600003002 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 03/04/ 2026 03:02 PM RECORDING FEE 57.00 PAGES: 13 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2026-1.9 AN ORDINANCE ESTABLISHING THE SPECIAL SERVICE AREA NUMBER 2025-0I IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH (Costco) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 24" day of February, 2026 This ordinance is being re -recorded to correct the legal description listed in Exhibit A. The originally recorded version contained an incorrect legal description and did not form a closed parcel boundary. The legal description in Exhibit A now forms a closed parcel boundary. The ordinance text remains unchanged. Ordinance 2026-03, recorded under document number 202600000766, is repealed in its entirety. Original Recording Date: 01/1612 02 6 Document Number: 202600000766 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on February 26, 2026. 6 Ordinance No. 2026-19 AN ORDINANCE ESTABLISHING THE SPECIAL SERVICE AREA NUMBER 2025-01 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH (Costco) 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 200127-5 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") has been approved for a commercial development consisting of two parcels of approximately 34 acres in size, 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 2025- 01, Ordinance No. 2026-19 Page 2 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 2025- 01 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 reference. Section 2. Area. That said Subject Territory is a commercial development consisting of two parcels of approximately 34 acres in size, upon which exists a stormwater management basin. The Subject Territory is totally within the corporate limits of the City and an accurate map of the property within the Special Service Area 2025-01 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 2025-01. 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 Ordinance No. 2026-19 Page 3 (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 4. Public Hearing. A public hearing was held on November 10, 2025 at 7:00 p.m. at the City Municipal Building at 651 Prairie Point Drive, Yorkville, Illinois, to consider the creation of Special Service Area 2025-01, in the Subject Territory and to consider the levy of an annual tax as further described in Section 7. Section 5. Notice of Public Hearing. Notice of the 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 4 above, in a newspaper of general circulation in the City. In addition, notice was given by United States Certified 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 was sent to the person last listed on the tax rolls prior to that year as the taxpayer of record. Section 6. Objectors. That the Owner and all taxpayers of record owning taxable real property located within Special Service Area 2025-01, were heard at the public hearing held on November 10, 2025. 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 2025-01 or the levy of an annual tax in Special Service Area 2025-01. Section 7. Tax. That there shall he 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 Ordinance No. 2026-19 Page 4 $1.10 for every $100.00 of equalized assessed value of property in the Special Service Area 2025- 01 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 the special services described above that shall be in addition to all other taxes permitted by law. Section 8. Recording. The City Clerk shall file within 30 days of the adoption of this Ordinance a certified copy of the Ordinance, including Exhibits A, B and C, with the County Clerk of Kendall County and with the Kendall County Recorder's Office. Section 9. Effective Date. This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Section 10. Ordinance 2026-03, Ordinance Establishing the Special Service Area Number 2025-01 in the United City of Yorkville, Kendall County, Illinois and Providing for Other Procedures in Connection Therewith (Costco), is hereby repealed in its entirety. [Remainder ofpage intentionally blank; roll call vote follows] Ordinance No. 2026-19 Page 5 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 24" day of February, A.D. 2026. ITY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this(30 day of , A.D. 2026, Attest: 06ITY CLERK Ordinance No. 2026-19 Page 6 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY PER PLAT OF DEDICATION DOCUMENT NO. 2000-00009655, WITH THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 PER DOCUMENT NUMBERS 2002-00008973, 2002-00007755 AND 2015-00016982; THENCE ALONG THE SAID NORTHERLY RIGHT OF WAY OF U.S. ROUTE NO. 34, THE FOLLOWING 9 COURSES AND DISTANCES; 1) THENCE SOUTH 12 DEGREES 54 MINUTES 17 SECONDS WEST, 19.34 FEET; 2) THENCE SOUTH 40 DEGREES 33 MINUTES 18 SECONDS WEST, 47.46 FEET; 3) THENCE SOUTH 55 DEGREES 17 MINUTES 19 SECONDS WEST, 956.64 FEET; 4) THENCE SOUTH 61 DEGREES 07 MINUTES 25 SECONDS WEST, 50.67 FEET; 5) THENCE ALONG THE ARC OF CURVE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 1362.39 FEET, A CHORD BEARING OF SOUTH 64 DEGREES 40 MINUTES 47 SECONDS WEST, A CHORD LENGTH OF 444.62 FEET, AN ARC LENGTH OF 446.61; 6) THENCE SOUTH 81 DEGREES 03 MINUTES 21 SECONDS WEST, 47.72 FEET; 7) THENCE ALONG THE ARC OF CURVE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 1357.39 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 36 MINUTES 13 SECONDS WEST, A CHORD LENGTH OF 113.42 FEET, AN ARC LENGTH OF 113.46; 8) THENCE NORTH 67 DEGREES 05 MINUTES 34 SECONDS WEST, 54.25 FEET; 9) THENCE SOUTH 86 DEGREES 02 MINUTES 05 SECONDS WEST, 1.41 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MCHUGH ROAD, AS DEDICATED PER DOCUMENT 2000-00009655; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF MCHUGH ROAD, THE FOLLOWING 8 COURSES AND DISTANCES; 1) THENCE NORTH 04 DEGREES 03 MINUTES 34 SECONDS WEST, 183.64 FEET; 2) THENCE ALONG THE ARC OF A CURVE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 460.00 FEET, A CHORD BEARING OF NORTH 03 DEGREES 05 MINUTES 24 SECONDS EAST, A CHORD LENGTH OF 114.50 FEET, AN ARC LENGTH OF 114.80 FEET; 3) THENCE NORTH 10 DEGREES 14 MINUTES 24 SECONDS EAST, 300.40 FEET; 4) THENCE ALONG THE ARC OF A CURVE, BEING ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1040.00 FEET, A CHORD BEARING OF NORTH 01 DEGREES 42 MINUTES 55 SECONDS EAST, A CHORD LENGTH OF 308.33 FEET, AN ARC LENGTH OF 309.47 FEET; 5) THENCE NORTH 06 DEGREES 48 MINUTES 34 SECONDS WEST, 250.39 FEET; 6) THENCE ALONG THE ARC OF A CURVE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 460.00 FEET, A CHORD BEARING OF NORTH 01 DEGREES 20 MINUTES 16 SECONDS WEST, A CHORD LENGTH OF 87.73 FEET, AN ARC LENGTH OF 87.86 FEET; 7) THENCE NORTH 04 DEGREES 08 MINUTES 04 SECONDS EAST, 226.43 FEET; 8) THENCE ALONG THE ARC OF A CURVE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF NORTH 49 DEGREES 08 MINUTES 04 SECONDS EAST, A CHORD LENGTH OF 35.36 FEET, AN ARC LENGTH OF 39.27 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF SAID COUNTRYSIDE PARKWAY; THENCE SOUTH 85 DEGREES 51 MINUTES 56 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 338.21 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, BEING THE ARC OF CURVE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1390.03 FEET AND CHORD BEARING OF SOUTH 60 DEGREES 17 MINUTES 32 SECONDS EAST, A CHORD LENGTH OF 1200.02 FEET, AN ARC LENGTH OF 1240.81 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 34 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 54.07 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. Permanent Tax Index Number(s): 02-28-227-004; 02-28-227-006; 02-28-227-005 Common Addresses: 825 East Veterans Parkway, Yorkville, Illinois 60560 801 East Veterans Parkway, Yorkville, Illinois 60560 813 East Veterans Parkway, Yorkville, Illinois 60560 837 East Veterans Parkway, Yorkville, Illinois 60560 EXHIBIT B MAP r O V 0 O DJ y V 4- N O r6 lu � � N � � Y �roro D 0 0 EXHIBIT C Public Hearing Notice Notice of Hearing United City of Yorkville, Illinois Special Service Area Number 2025-01 Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, 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 2025-01 consisting of the following described real property (the "Subject Property) legally described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY PER PLAT OF DEDICATION DOCUMENT NO, 2000-00009655, WITH THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 PER DOCUMENT NUMBERS 2002-00008973 AND 2002-00007755; THENCE SOUTH 12 DEGREES 50 MINUTES 13 SECONDS WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 34, 77.16 FEET; THENCE SOUTH 55 DEGREES 12 MINUTES 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 976.51 FEET; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1390.00' AND A CHORD BEARING OF SOUTH 67 DEGREES 53 MINUTES 14 SECONDS WEST, AN ARC LENGTH OF 616.39 FEET; THENCE NORTH 67 DEGREES 09 MINUTES 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 97.31 FEET; THENCE SOUTH 85 DEGREES 58 MINUTES 01 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 1.41 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MCHUGH ROAD PER PLAT OF DEDICATION DOCUMENT NO.2000- 00009655; THENCE NORTH 04 DEGREES 07 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 183.64 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH 03 DEGREES 01 MINUTES 21 SECONDS EAST, AN ARC LENGTH OF 114.80 FEET; THENCE NORTH 10 DEGREES 10 MINUTES 20 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 300.40 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1040.00 FEET AND A CHORD BEARING OF NORTH 01 DEGREES 38 MINUTES 51 SECONDS EAST, AN ARC LENGTH OF 309.47 FEET; THENCE NORTH 06 DEGREES 52 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 250.39 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, B E1NG ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH 01 DEGREES 24 MINUTES 19 SECONDS WEST, AN ARC LENGTH OF 87.86 FEET; THENCE NORTH 04 DEGREES 04 MINUTES 00 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 226.43 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 49 DEGREES 04 MINUTES 00 SECONDS EAST, AN ARC LENGTH OF 39.27 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY; THENCE SOUTH 85 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 338.21 FEET; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1390.03 FEET AND CHORD BEARING OF SOUTH 60 DEGREES 21 MINUTES 36 SECONDS EAST, AN ARC LENGTH OF 1240.81 FEET TO A POINT DRAWN NORTH 34 DEGREES 47 MINUTES 13 SECONDS WEST, 54.08 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 47 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 54.08 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY ORDER VESTING TITLE ENTERED IN CASE NO. 15-ED-10, CIRCUIT COURT OF KENDALL COUNTY, ILLINOIS, RECORDED OCTOBER28, 2015 AS DOCUMENT NO.201500016982. Permanent Tax Index Number(s): 02-28-227-002; 02-27-101-003 Common Address: 825 East Veterans Parkway, 801 East Veterans Parkway, 813 East Veterans Parkway, and 837 East Veterans Parkway, Yorkville, Illinois 60560 The approximate location is the northwest corncr of US Route 34 (East Veterans Parkway) and East Countryside Parkway in Yorkville. The general purpose of the formation of the Special Service Area 2025-01 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 2025-01 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 17'" day of October 2025. Jori Behland City Clerk ;T FE] W-ict. V L6qLmLi te-r