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Ordinance 2008-088 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, TO SET A DATE FOR, AND TO APPROVE A PUBLIC NOTICE OF, A PUBLIC HEARING FOR THE COUNTRYSIDE CENTER BUSINESS DISTRICT DEVELOPMENT PROJECT AREA NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, (the "City ") as follows: Section 1. It is necessary and in the best interest of the City that a public hearing be held prior to the adoption by the City Council of an ordinance or ordinances approving the Countryside Center Business District Development Plan (the "Business District Plan "), and establishing the Countryside Center Business District Project Area (the "Project Area "), and accordingly, it is necessary that dates for such public hearings be established, all in accordance with the provisions of the Business District Development and Redevelopment Act, as amended, 65 ILCS 7/11- 74.3 -1, etseq. (the "Act "). Section 2. It is hereby determined that public hearings (the "Hearings ") on the proposed Business District Plan for the proposed Project Area, as legally described in Exhibit A, attached hereto and made a part hereof, shall be held by the City Council of the City on the 28 day of October 2008 at 7 p.m. and on the 10"' day of November 2008 at 7 p.m. in the City Hall, 800 Game Farm Road, Yorkville, Illinois, which dates are more than one week prior to the designation of the Project Area and Business District Plan. Section 3. Notice of the Hearings is hereby authorized by publication in The Beacon News, a newspaper of general circulation within the City and The Kendall County Record, a newspaper published in the City. Section 4. Notice of the Hearings is hereby directed to be in substantially the following form: NOTICE OF PUBLIC HEARING UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ON THE PROPOSED COUNTRYSIDE CENTER BUSINESS DISTRICT DEVELOPMENT PLAN AND THE DESIGNATION OF THE COUNTRYSIDE CENTER BUSINESS DISTRICT Notice is hereby given that on the 28 day of October 2008 at 7 p.m., and again on the 10 day of November 2008 at 7 p.m., at the United City of Yorkville, City Hall, 800 Game Farm Road, Yorkville, Illinois, public hearings (the "Hearings ") will be held to consider the approval of the proposed Countryside Center Business District Development Plan (the "Business District Plan ") for, and the designation of, the Countryside Center Business District Development Project Area (the "Project Area ") legally described on Exhibit A attached hereto and made a part hereof. The Project Area is composed of approximately 20.2 acres located in the northwest quadrant of the intersection of US Route 34 and Illinois Route 47. The proposed Project Area is contiguous and includes only parcels of real property directly and substantially benefited by the proposed Business District Plan. The land is currently vacant and is zoned for commercial uses. The Business District Plan objectives are to reduce or eliminate blighting conditions and to enhance the tax base of the United City of Yorkville (the "City ") by assuring opportunities for development or redevelopment and attracting sound and stable commercial growth, all in accordance with the provisions of the "Business District Development and Redevelopment Act," effective October 1, 1973, as from time to time amended. The City may impose a retailers' occupation tax, a service occupation tax, and a hotel operator's occupation tax in the Project Area for the planning, execution, and implementation of the Business District Plan and to pay for project costs as set forth in the Business District Plan, The City may issue obligations to finance 2 project costs in accordance with the Business District Plan, which obligations may be secured by the business district tax allocation fund. At the Hearings, approval of the Business District Plan, designation of the Project Area, and the imposition of a retailers' occupation tax and a service occupation tax for the Project Area will be considered. By Order of the Mayor and City Council of the United City of Yorkville this 14 day of October 2008. le V Section S. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. ADOPTED this 14 day of October, 2008, pursuant to a roll call vote as follows: C1 c ROBYN SUTCLIFF_ JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN '*V APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this /q day of 007 (6R. , 2008. Mayor Valerie Burd 3 Exhibit A LEGAL DESCRIPTION LOT 7 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST ALONG A SOUTHERLY LINE OF SAID LOT 7,309.0 FEET TO A SOUTHEAST CORNER OF SAID LOT 7 FOR A POINT OF BEGINNING; THENCE SOUTH 80 DEGREES 58 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY LINE 309.0 FEET TO A SOUTHEAST CORNTER OF SAID LOT 7; THENCE NORTH 04 DEGREES, 45 ?: MINUTES EAST ALONG AN EASTERLY LINE OF SAID LOT 7, 90.0 FEET; THENCE NORTH 80 DEGREES 58 MINUTES I I SECONDS WEST 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 02 SECONDS WEST 185.15 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THAT PART DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTHERNMOST LINE OF LOT 6 OF SAID RESUBDIVISION WITH THE WESTERLY LINE OF ILLINOIS ROUTE NO. 47; THENCE SOUTH 69 DEGREES 58 MINUTES 14 SECONDS WEST ALONG SAID SOUTHERNMOST LINE 230.45 FEET TO THE SOUTHERNMOST CORNER OF SAID LOT 6; THENCE SOUTH 19 DEGREES 57 MINUTES 46 SECONDS EAST 192.30 FEET; THENCE NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST 141.82 FEET TO SAID WESTERLY LINE; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG SAID i WESTERLY LINE 211.98 FEET TO THE POINT OF BEGINNING) OF THE RESUBDIVISION OF PART OF BLOCK 1, COUNTRYSIDE CENTER, UNIT NO. 1, YORKVILLE, ILLINOIS, AND ALSO THAT PART OF CENTER PARKWAY LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF U.S. ROUTE 34 AND SOUTHERLY OF THE NORTH RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY, AND THAT PART OF COUNTRYSIDE PARKWAY LYING EASTERLY OF THE WEST RIGHT OF WAY LINE OF CENTER PARKWAY AND WESTERLY OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, AND ALSO THAT PART OF ILLINOIS ROUTE 47 LYING SOUTHERLY OF A LINE THAT IS 70.0 FEET SOUTHERLY OF AND CONCENTRIC WITH THE SOUTH RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY EXTENDED EASTERLY, AND NORTHERLY OF A LINE THAT IS 60.0 SOUTHERLY OF AND PARALLEL WITH THE MOST EASTERLY SOUTHERLY LINE OF SAID LOT 7 EXTENDED EASTERLY, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 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