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Ordinance 2009-67 STATE OF ILLINOIS COUNTY OF KENDALL - FILED - DEC 17 2009 com. CLERK ORDINANCE NO. 2009- , R-- KMDLL COWW- ,, ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2005 -108 (AUTUMN CREEK 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. 2006 -26 on March 28, 2006 (the "Bond Ordinance ") which: (i) provided for the issuance of Special Service Area Number 2005 -108 Special Tax Bonds, Series 2006 (Autumn Creek 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 2005 -108 (the "Special Service Area "); and (ii) provided for the levy of Special Taxes 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 Service Area Number 2005 -108 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant "). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2009 for the Bonds is $980,548.56 and the 2009 Levy for Special Taxes is $980,548.56. Section 2. Of the $1,105,036 of Special Taxes levied for calendar year 2009 pursuant to Section 6 of the Bond Ordinance $124,487.44 of such Special Tax is hereby abated resulting in a 2009 calendar year levy of $980,548.56. 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 2005 -108 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 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, 2009. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS — ROSE ANN SPEARS GEORGE GILSON, JR. Ci Clerk SIGNED by the Mayor this December /�, 2009. Mayor ATTEST: Cit Clerk Published in pamphlet form December /5 , 2009. 3