S-1242 - 09/09/2008 - SPECIAL SERVICE AREA - OrdinancesORDINANCE 2008 - SSA -EX3 -S -1242
AN ORDINANCE ESTABLISHING
SPECIAL SERVICE AREA NUMBER 2
IN THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the question of the establishment of the area hereinafter described as a special
service area was considered by the President and Board of Trustees pursuant to Ordinance No 2007 -
FIN- SSA -S -1213 at a public hearing held on January 8, 2008, and
WHEREAS, said public hearing was held by the President and Board of Trustees pursuant to a
notice duly published on December 21, 2007, in the Daily Herald, a newspaper of general circulation in
the Village of Oak Brook ( "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 Said notice, a
copy of which is attached as Exhibit A, was given by depositing said notice in the United States mail 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, and
WHEREAS, 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 for the purpose of providing for the maintenance
and repair of a Noise Barrier (the "Project ") and on the question of an annual tax for the special municipal
services, as set forth in the notice All questions that were raised by the public at the hearing regarding
the formation of the special service area, the special municipal services, the Project and the annual tax
were answered and no one requested that the President and Board of Trustees not proceed immediately,
and
WHEREAS, it is in the public interest and in the interest of the property described in Section 2
that the special service area, as hereinafter described, be established, and
WHEREAS, said area is compact, contiguous and located in the Village, and
WHEREAS, it is in the best interests of the special service area that the furnishing of the special
municipal services proposed and the Project be considered for the common interests therein, and
WHEREAS, the proposed municipal services are unique and in addition to the municipal services
generally provided to the Village as a whole, and
WHEREAS, no 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 was filed with the Village 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 issuance of bonds for the provision of special services to the area
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 The Village of Oak Brook Special Service Area No 2 Established Pursuant to the
provisions of Article VII, Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the
Ordinance 2008 - SSA -EX3 -S -1242
Establishing Special Service Area 2
Page 2 of 7
Special Service Area Tax Law, 35 ILCS 200127 -5, et seq., 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 territory described on Exhibit B and depicted on Exhibit C
Section 3 Purpose of Area Village of Oak Brook Special Service Area No 2 is established to
provide special municipal services consisting of the Project Annual taxes at a rate not to exceed 0 20
percent per annum may be levied against the assessed value of the taxable property in the Village Of
Oak Brook Special Service Area No 2 in order to pay for the cost of the Project
Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 5 All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication as provided by law
APPROVED THIS 9th day of September, 2
,m W Craig
age President
PASSED THIS 9th day of September, 2008
Ayes Trustees Carson Kennedy, Manofsky, Saived, Sanford and Wolin
Nays None
Absent
None
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ATTEST
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Charlotte K Pruss
Village Clerk
Ordinance 2008 - SSA -EX3 -S -1242
Establishing Special Service Area 2
Page 3 of 7
NOTICE OF PUBLIC HEARING ON THE PROPOSED CREATION
OF SPECIAL SERVICE AREA NUMBER 2 AND LEVY OF SPECIAL TAXES
THEREFORE FOR TUSCAN WOODS AND YORKSHIRE WOODS
IN THE VILLAGE OF OAK BROOK
PUBLIC NOTICE IS HEREBY GIVEN that on January 8, 2008 at 7 00 p m a public hearing will
be held by the President and Board of Trustees of the Village of Oak Brook, at the Oak Brook Village Hall,
1200 Oak Brook Road, Oak Brook, Illinois 60523 to consider forming a Special Service Area consisting of
the following legally described territory
LOTS 1, 2, 3, 4, 5, 6, AND 7 IN AMENDED AND RESTATED PLAT OF TUSCAN
WOODS SUBDIVISION (FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK
BROOK) BEING A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE
COUNTY, ILLINOIS
PINS 06 -24- 105 -017
06 -24- 105 -018
06 -24- 105 -019
06 -24- 105 -020
06 -24- 105 -021
06 -24- 105 -022
06 -24- 105 -023
LOTS 1, 2, 3 AND 5 IN YORKSHIRE WOODS, BEING A SUBDIVISION IN SECTION 24,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS
DOCUMENT 534056 AND RE- RECORDED ON DECEMBER 11, 1947 AS DOCUMENT
NO 535991, IN DUPAGE COUNTY, ILLINOIS
PINS 06 -24- 302 -002
06 -24- 302 -003
06 -24- 106 -002
06 -24- 105 -003
LOT 7 AND 8 (EXCEPT THAT PART OF LOT 8 LYING NORTHWEST OF A STRAIGHT
LINE WHICH INTERSECTS THE NORTH LINE OF SAID LOT 8, 60 0 FEET EAST OF
THE NORTHWEST CORNER THEREOF, MEASURED ALONG SAID NORTHERLY
LOT LINE, AND INTERSECTS THE WEST LINE OF SAID LOT 8, 251 8 FEET SOUTH
OF THE NORTHWEST CORNER THEREOF), ALL IN YORKSHIRE WOODS, A
SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
NOVEMBER 14, 1947 AS DOCUMENT 534056 AND RE- RECORDED AS DOCUMENT
535991, IN DUPAGE COUNTY, ILLINOIS
PIN 06 -24 -106 -001
Ordinance 2008 - SSA -EX3 -S -1242
Establishing Special Service Area 2
Page 4 of 7
The area consists of approximately 8 acres, more or less, and is bounded by the West bound
lanes of 1 -88 on the South, Harger Road on the North, the on -ramp for the 1 -88 West bound lanes on the
East and approximately 316 feet West of Yorkshire Woods on the West
All persons affected by the proposed formation of the Village of Oak Brook Special Service Area
No 2 will be given an opportunity to be heard at the public hearing regarding the formation of and the
boundaries of the proposed Special Service Area and may object to the formation of the Special Service
Area and the levy of special taxes against the Special Service Area, including owners of the Special
Service Area and electors residing within the Special Service Area
The purpose of the formation of the proposed Village of Oak Brook Special Service Area No 2 in
general is to provide special municipal services to the Special Service Area, specifically the maintenance
and repair of a Noise Barrier
However, under no circumstances shall the provision of such Special Services by the Village, its
agents, employees, consultants or contractors, in the Village's sole discretion without the obligation to do
so, constitute an acceptance of or assumption of responsibility for any personal property or real property
within the Area by the Village
A special service area tax will be considered at the public hearing, to be levied annually when
required to provide for the maintenance and repair of the Noise Barrier and not exceed a rate of 0 20 per
cent per annum of assessed value, as equalized, to be levied against the real, taxable property included
within the proposed Special Service Area
At the public hearing, all interested persons affected by the formation of the proposed Special
Service Area, including all persons owning taxable real estate therein and electors, will be given an
opportunity to be heard The public hearing may be adjourned without further notice to another date
If a petition signed by at least fifty -one percent (51%) of the electors residing within the Special
Service Area and by at least fifty -one percent (51%) of the owners of record of the land included within
the Special Service Area is filed with the Village of Oak Brook's Village Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation, of the Special Service Area,
or the levy or imposition of a tax, no such Special Service Area may be created or tax levied or imposed
Ordinance 2008 - SSA -EX3 -S -1242
Establishing Special Service Area 2
Page 5 of 7
EXHIBIT B
LEGAL DESCRIPTION
LOTS 1, 2, 3, 4, 5 AND 6 IN AMENDED AND RESTATED PLAT OF TUSCAN WOODS SUBDIVISION
(FORMERLY KNOWN AS YORKSHIRE GLEN OF OAK BROOK) BEING A SUBDIVISION IN SECTION
24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED AUGUST 28, 2003 AS DOCUMENT R2003- 340360, IN DUPAGE
COUNTY, ILLINOIS
PINS 06 -24- 105 -017
06 -24- 105 -018
06 -24- 105 -019
06 -24- 105 -020
06 -24- 105 -021
06 -24- 105 -022
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EXHIBIT C
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STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATION
Ordinance 2008 - SSA -EX3 -S -1242
Establishing Special Service Area 2
Page 7 of 7
I, Charlotte K Pruss, DO HEREBY CERTIFY that I am the duly qualified and elected Clerk of the
Village of Oak Brook, DuPage and Cook Counties, Illinois, and that as such Clerk, I do have charge of
and custody of the books and records of the Village of Oak Brook, DuPage and Cook Counties, Illinois
I DO HEREBY FURTHER CERTIFY that the foregoing is a full, true and correct copy of
Ordinance 2008 - SSA -EX3 -S -1242, "AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA
NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS," adopted and approved by the President and
Board of Trustees of the Village of Oak Brook, Illinois on September 9, 2008
IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate Seal of the Village
of Oak Brook, DuPage and Cook Counties, Illinois this 9th day of September, 2008
A,x�v��'�"�, )elp4l
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Charlotte K Pruss
Village Clerk
Village of Oak Brook, Illinois