S-1308 - 04/12/2011 - SPECIAL SERVICE AREA - OrdinancesORDINANCE 2011- SSA -S -1308
AN ORDINANCE ESTABLISHING VILLAGE OF OAK BROOK
SPECIAL SERVICE AREA NO. 2, DUPAGE COUNTY, ILLINOIS
BE IT ORDAINED by the Village President and Board of Trustees of the Village of Oak Brook,
DuPage and Cook County, Illinois, as follows:
SECTION 1: Authority to Establish Special Service Areas. That the Village of Oak Brook
(the "Village ") has the authority to establish special service areas under the provisions of Article VII,
Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the Special Service Area
Tax Law, 35 ILCS 200127 -5, etseq.
SECTION 2: Findings. The Village President and Board of Trustees, after hearing,
considering, and determining all protests and objections, finds as follows:
(a) The question of the establishment of the area hereinafter described as a special service
area was considered pursuant to Ordinance No. 2010- SSA -S -1298 at a public hearing held on December
14, 2010 conducted by the Village Manager;
(b) The public hearing was held pursuant to a notice duly published on November 15, 2010,
in the Daily Herald, a newspaper of general circulation in the Village, at least fifteen (15) days prior to the
hearing and pursuant to notice by mail addressed to the person or persons 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
special service area, unless such persons had waived receipt of notice. Said notice was given by
depositing said notice in the United States mails 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 owner of said property. The notices conformed
in all respects to the requirements of the Special Service Area Tax Law;
(c) At the public hearing all interested persons were given an opportunity to be heard on the
question of the creation of the special service area, and on the issuance of bonds in an amount not to
exceed $850,000 for the purpose of paying for the construction of sanitary sewer improvements and
highway improvements (the "York Physician Centre Project'). All questions that were raised by the public
at the hearing regarding the formation of the special service area, the special municipal services, the
issuance of bonds, and the York Physician Centre Project were answered and no one requested that the
Village President and Board of Trustees not proceed immediately;
(d) The sole owner of all of the property in the proposed special service area has executed a
"Waiver and Consent Village of Oak Brook Special Service Area No. 1" and a "Waiver and Consent
Village of Oak Brook Issuance of Tax Exempt Bonds" (collectively the "Waiver and Consent ") authorizing
the Village to proceed with the formation of the special service area and the issuance of the bonds;
(e) It is in the public interest and in the interest of the property described in Section 3 that the
special service area, as hereinafter described, be established;
(f) The said area is compact, contiguous and located in Village;
(g) It is in the best interests of the special service area that the furnishing of the special
municipal services proposed and the York Physician Centre Project be considered for the common
interests therein;
(h) The proposed municipal services are unique and in addition to the municipal services
generally provided to the Village as a whole; and
(i) The right to file 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 has been waived by the sole property owner pursuant to the Waiver and Consent.
SECTION 3: Village of Oak Brook Special Service Area No. 2 Established. A special
service area to be known and designated as "Village of Oak Brook Special Service Area No. 2" is hereby
established and shall consist of the following described territory:
PARCEL 1: THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF
LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF
THE EAST 428.8 FEET OF SAID LOT 1 WHICH LIES EASTERLY OF A STRAIGHT LINE
DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH
130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST
OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE
SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A
DISTANCE OF 64.72 FEET, MORE OR LESS, WEST OF THE SOUTHEAST CORNER
THEREOF) AND (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET
OF THE EAST 428.8 FEET OF SAID LOT 1 WHICH LIES WESTERLY OF A STRAIGHT LINE
DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130
FEET OF THE EAST 428.8 FEET OF SAID LOT I, A DISTANCE OF, 119.61 FEET EAST OF
THE NORTHWEST CORNER TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF
THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 63.24
FEET, MORE OR LESS, EAST OF THE SOUTHWEST CORNER THEREOF) ACCORDING TO
THE. PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542 IN
DU PAGE COUNTY. ILLINOIS.
PARCEL 2: THE SOUTH 5 FEET OF THE NORTH 135 FEET OF THE EAST 428.8 FEET OF
LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 39, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS
252.52 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST
CORNER OF SAID SOUTHWEST QUARTER AND IN THE ESTABLISHED
SOUTHEASTERLY RIGHT OF WAY LINE OF FEDERAL AID ROUTE 131; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE WHICH FORMS
AN ANGLE OF 49 DEGREES 10 MINUTES 30 SECONDS (IN THE SOUTHWEST QUADRANT),
979.86 FEET TO A POINT IN THE EASTERLY LINE OF THE TORODE ESTATE AND THE
TERMINATION POINT OF SAID LINE ALSO EXCEPT THAT PART THEREOF LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE
NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 70 FEET WEST, AS MEASURED
ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE SOUTHERLY 295.82 FEET, MORE OR LESS, TO A POINT ON THE
NORTH LINE OF THE SCHOOL LOT THAT IS 58 FEET WEST OF THE EAST LINE OF SAID
SOUTHWEST QUARTER AND THE TERMINATION POINT OF SAID LINE) ACCORDING TO
2
THE PLAT RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542, IN DU PAGE
COUNTY. ILLINOIS.
PARCEL 3: THAT PART OF LOT 1 TN HOEHNE'S ASSESSMENT PLAT OF PART OF THE
SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947
AS DOCUMENT 517542, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF
SAID LOT 1 AND RUNNING THENCE SOUTH ON SAID EAST LINE, 135.0 FEET; THENCE
CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER OF
SCHOOL LOT; THENCE WEST ON THE NORTH LINE OF SCHOOL LOT, 58.0 FEET TO THE
SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OAK PARK NATIONAL BANK
BY DEED RECORDED AS DOCUMENT 782579 FOR A POINT OF BEGINNING; THENCE
CONTINUING WEST ON SAID NORTH LINE OF SCHOOL LOT, 74.0 FEET TO THE
NORTHWEST CORNER OF SAID SCHOOL LOT; THENCE SOUTH ON THE WEST LINE OF
SAID SCHOOL LOT, 65.0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE
ILLINOIS STATE TOLL ROAD COMMISSION BY WARRANTY DEED RECORDED
SEPTEMBER 26, 1957 AS DOCUMENT 857785; THENCE WESTERLY ON SAID NORTH LINE,
361.32 FEET TO ITS INTERSECTION WITH THE EAST LINE OF A SECOND TRACT OF LAND
CONVEYED TO THE OAK PARK NATIONAL BANK BY SAID DEED RECORDED AS
DOCUMENT 782579; THENCE NORTHEASTERLY ON SAID EAST LINE, 168.37 FEET TO
THE POINT OF INTERSECTION OF SAID EAST LINE WITH THE SOUTH LINE OF THE
NORTH 135.0 FEET OF SAID LOT 1; THENCE EASTERLY ON SAID SOUTH LINE OF THE
NORTH 135.0 FEET, A DISTANCE OF 305.38 FEET TO THE NORTHWEST CORNER OF SAID
FIRST TRACT OF LAND, SAID POINT BEING 64.5 FEET WEST OF THE EAST LINE OF SAID
LOT 1; THENCE SOUTH ON THE WEST LINE OF SAID FIRST TRACT OF LAND, 160.86 FEET
TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 4: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT
THE NORTHEAST CORNER OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF SAID
SOUTHWEST 1/4, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS
DOCUMENT 517542; RUNNING THENCE SOUTH ON THE EAST LINE OF SAID LOT 1,
(BEING ALSO THE EAST LINE OF SAID QUARTER SECTION) 135.0 FEET; THENCE
CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER
OF SCHOOL LOT; THENCE WEST ON THE NORTH LINE OF SCHOOL LOT, 58.0 FEET TO
THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE OAK PARK
NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579; THENCE CONTINUING
WEST ON SAID NORTH LINE OF SAID SCHOOL LOT, 74.0 FEET TO THE NORTHWEST
CORNER OF SAID SCHOOL LOT, FOR A POINT OF BEGINNING; RUNNING THENCE
SOUTH ALONG THE WEST LINE OF SAID SCHOOL LOT, 65.0 FEET TO THE NORTH LINE
OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOLL ROAD COMMISSION BY
WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785; THENCE
SOUTHEASTERLY ALONG SAID NORTH LINE OF SAID TOLL COMMISSION PROPERTY,
66.14 FEET TO A POINT 94.95 FEET SOUTH OF THE NORTH LINE OF SAID
SCHOOL LOT; THENCE NORTH 94.95 FEET TO SAID NORTH LINE OF SAID SCHOOL LOT;
THENCE WEST ALONG THE NORTH LINE OF SAID SCHOOL LOT, 59.0 FEET TO THE
POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 5: THE NORTH 65 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHNE'S
ASSESSMENT PLAT, OF PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF
THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, WHICH LIES EASTERLY
OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A
DISTANCE, 70.0 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN
THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A
DISTANCE, 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF), AND (EXCEPT
THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, WHICH
LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF
SAID LOT 1, A DISTANCE, 175.98 FEET EAST OF THE NORTHWEST CORNER THEREOF,
TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF
SAID LOT 1, A DISTANCE, 119.61 FEET EAST OF THE SOUTHWEST CORNER THEREOF),
AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID
LOT 1, LYING BETWEEN A LINE JOINING A POINT IN THE NORTH LINE OF SAID LOT 1, 70
FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID
NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, 67.36 FEET WEST OF THE
SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO, AND 15.00 FEET WEST OF
THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK
ROAD ABUTTING ON SAID PROPERTY), ACCORDING TO THE PLAT THEREOF RECORDED
MARCH 19, 1947 AS DOCUMENT 517542, TN DU PAGE COUNTY, ILLINOIS.
PARCEL 6: THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF LOT 1 OF
HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION
24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
DUPAGE COUNTY, ILLINOIS; LYING BETWEEN A LINE ADJOINING A POINT IN THE NORTH
LINE OF SAID LOT 1, 70 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE
SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, 67.36
FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO, AND
15.00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO
THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY; IN DUPAGE COUNTY,
ILLINOIS.
P.I.N. 06 -24- 303 -002, 06 -24- 303 -009 and 06 -24- 303 -011
SECTION 4: Purpose of Area. The Village of Oak Brook Special Service Area No. 2 is
established to provide special municipal services consisting of the York Physician Centre Project. Bonds
of the Village, payable from the imposition of special service area taxes in an amount not to exceed
$850,000, may be issued for the purpose of paying for the York Physician Centre Project and the costs of
issuance of the bonds.
SECTION 5: Effective Date. This ordinance shall be in full force and effect from and after its
passage and approval as provided by law.
APPROVED this 121h day of April, 2011.
W. Craig
e President
PASSED this 12th day of April, 2011.
Trustees Aktipis, Carson, Saiyed, Wolin and Zannis
None
Absent: Trustee
5
ATTEST:
Charlotte K. Pruss
Village Clerk
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