S-684 - 02/27/1990 - SPECIAL SERVICE AREA - Ordinances ORDINANCE NO. S- 684
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF
A SPECIAL SERVICE AREA
IN THE VILLAGE OF OAK BROOK
AND PROVIDING FOR A PUBLIC HEARING
AND OTHER PROCEDURES IN CONNECTION THEREWITH
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE QQF
OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Authority to Establish Special Service Areas:
Special service areas are established pursuant to Article VII, Section 6(1) of
the Constitution of the State of Illinois which provides:
"The General Assembly may not deny or limit the power of home rule
units (1) to make local improvements by special assessment and to
exercise this power jointly with other counties and municipalities,
and other classes of units of local government having that power on
the effective date of this Constitution unless that power is
subsequently denied by law to any such other units of local
government; or (2) to levy or impose additional taxes upon areas
within their boundaries in the manner provided by law for the
provision of special services to those areas and for the payment of
debt incurred in order to provide those special services.
and are established pursuant to the provisions of an Act to provide the manner
of levying or imposing taxes for the provision of special services to areas
within the boundaries of home rule units and non-home rule municipalities and
counties and pursuant to the Revenue Act of 1939.
Section 2: Findings: The Village Board finds:
A. It is in the public interest that the creation of the area
hereinafter described as a special service area for the purpose set
forth herein be considered.
B. That said area is compact and contiguous.
C. That said area is zoned for residential purposes and will benefit
specially from the municipal services to be provided and that the
proposed municipal services are unique and in addition to municipal
services provided to the Village of Oak Brook as a whole and it is,
therefore, in the best interests of the Village of Oak Brook that the
levy of special taxes against said area for the services to be
provided be considered.
Section 3: Public Hearing - Tax Rates - Issuance of Bonds:
That a public hearing shall be held on the 12th day of March, 1990, in the
Samuel E. Dean Board Room of the Tillage Commons, 1200 Oak Brook Road, Oak
Ordinance S- 6 8 4
Establishment of Special Service
Area
Page 2
Brook, Illinois, to consider the creation of Special Service Area Number 2 of
the Village of Oak Brook, in the territory described in the Notice set forth
in Section 4 hereof.
At the hearing, there will be considered thp� borrowing of $1,000,000 to be
evidenced by general obligation bonds, the proceeds of which shall be used to
pay part of the costs of engineering and construction of the roadway
improvements and appurtenances in said Special Service Area. Said bonds are
to be retired over a period not to exceed twenty (20) years, and to bear
interest at the rate of not to exceed 9% per annum. Said bonds shall be
retired by the levy of a direct tax to pay the interest on such bonds as they
fall due and to discharge the principal thereof at maturity. Said taxes to be
levied upon all taxable property within the proposed Special Service Area and
said tax shall be in addition to all of the taxes provided by law.
Section 4: Notice of Hearing: Notice of hearing shall be published at
least once not less than fifteen (15) days prior to the public hearing in one
or more newspapers in general circulation in the Village of Oak Brook. In
addition, notice by mailing shall be given by depositing said notice in the
U.S. mail addressed to the person(s) in whose name the general taxes for the
last preceding year were paid on each lot, block, tract or parcel of land
lying within the proposed Special Service Area. Said Notice shall be 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
owner of said property. The Notice shall be in substantially the following
form:
NOTICE OF HEARING
VILLAGE OF OAR BROOK
SPECIAL SERVICE AREA NUMBER 2
NOTICE IS HEREBY GIVEN that on March 12, 1990, at 7:00 p.m. in the Samuel
E. Dean Board Room of the Village Commons, 1200 Oak Brook Road, Oak Brook,
Illinois, a hearing will be held by the President and Board of Trustees of the
Village of Oak Brook to consider forming a special service area consisting of
the following described property:
Lots 1A, 2A and 3A in Ginger Creek Second Resubdivision, being a
resubdivision situated in part of Section 27, Township 39 North,
Range 11, East of the Third Principal Meridian, DuPage County,
Illinois, and recorded as Document No. R66-22491 on January 1, 1966.
Lots 54A, 55A, 56A, 57A, 58A and 59A in Ginger Creek Resubdivision,
being a resubdivision situated in part of Section 28, Township 39
North, Ranae 11, East of the Third Principal Meridian, DuPage
County, Illinois, and recorded as Document No. R63-33266 on
September 16, 1963.
Ordinance S- 6 8 4
Establishment of Special Service
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Lots 4-53, 60-148, 155-157 and 164-181 in Ginger Creek, being a
subdivision situated in part of Sections 27 and 28, Township 39 North,
Range 11, East of the Third Principal Meridian, DuPage County, Illinois,
and recorded as Document No. 992057 on December 30, 1960.
The approximate street location is the area bounded by Meyers Road on the
West, Midwest Road on the East, the East-West Tollway on the North, and Oak
Brook Road on the South. An accurate map of said territory is on file in the
office of the Village Clerk and available for public inspection.
All interested persons affected by the formation of Oak Brook Special
Service Area Number 2 will be given an opportunity to be heard regarding the
formation and the boundaries of the special service area and may object to the
formation of the area, proposed borrowing and levy of taxes affecting said
area.
The purpose of the formation of Oak Brook Special Service Area Number 2
in general is to provide special municipal services to the area, including,
but not limited to, municipal services in connection with the construction of
roadway improvements and other appurtenant items.
The borrowing of funds to pay the cost of construction of the proposed
municipal services in said Special Service Area in an amount not to exceed
$1,000,000 at an interest rate of not to exceed 9% per annum and to mature
within twenty(20) years, will be considered at the hearing, said indebtedness,
if approved, shall be retired by the levy of a direct tax to pay the interest
on such borrowed amount as it falls due and to discharge the principal thereof
at maturity, said tax to be levied upon all taxable property within the
proposed special service area.
At the hearing, all persons affected will be given an opportunity to be
heard. The hearing may be adjourned by the Board to another date without
further 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
Municipal Clerk within 60 days following the final adjournment of the public
hearing objecting to the creation of the special service district, the
enlargement thereof, the levy or imposition of a tax or the proposed borrowing
for the provision of special services to the area, or to a proposed increase
in the tax rate, no such district may be created or enlarged, or tax may be
levied or imposed nor the rate increased, or no such borrowing may be
approved.
Ordinance S- 684
Establishment of Special Service
Area
Page 4
Section 5: That this Ordinance shall be in full force and effect from
and after passage and approval as provided by law.
PASSED THIS 27th day of February 1990.
Ayes: Trustees Bartecki, Maher, Payovich, Rush and Winters
Nays: None
Absent: Trustee Bushy
Abstain: None
APPROVED THIS 27th day of _ February 990.
i
Village President
ATTEST:
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Village Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX