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Ordinance 2009-65 STATE OF ILLINOIS COUNTY OF KENDALL FILED - DEC 17 2009 � COUNTY CLERK KENDALL COUNTY ORDINANCE NO. 2009- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003 -101 (WINDETT RIDGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the " City "), as follows: (a) The City Council of the City adopted Ordinance No. 2003 -57 on August 12, 2003 (the " Bond Ordinance ") which: (i) provided for the issuance of $6,900,000 of Special Service Area Number 2003 -101 Special Tax Bonds, Series 2003 (Windett Ridge Project) (the " Bonds "), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2003 -101 (the " Special Service Area "); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area (the " Special Tax Roll "). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined (i) that the Special Tax Requirement for 2009 for the Bonds is $452,675 and the 2009 Levy for Special Taxes is $452,675 (which complies with the Kendall County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $589,456 of Special Taxes levied for calendar year 2009 pursuant to Section 6 of the Bond Ordinance $136,781 of such Special Taxes is hereby abated resulting in a 2009 calendar year levy of $452,675. i Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003 -101 Amended Special Tax Roll and Explanation of the Methodology to Amend the Special Tax Roll for Calendar Year 2009 prepared by David Taussig & Associates, Inc. for the Special Service Area dated December 2, 2009 with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any I changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 PASSED by the City Council of the City this December '9 , 2009. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. ity Clerk SIGNED by the Mayor this December /5 , 2009. I V Mayor ATTEST: Cit Clerk Published in pamphlet form December /5, 2009. I 3