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AGENDA ITEM
Regular Board of Trustees Meeting
of
December 11, 2007
SUBJECT: Tuscan Woods Noise Barrier
FROM: Dale L. Durfe Y> Jr. P.E. Village En ineer
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve an ordinance that
starts the process for creating a Special Service Area
(SSA) for the Tuscan Woods Noise Barrier.
Background/History:
At a previous Village Board meeting, the Village Board discussed the concept of creating a
special service area for maintenance of a noise barrier in and near the Tuscan Woods
Subdivision.
Attached is an ordinance that starts the process for creating the Special Service Area (SSA) for
maintenance of the Tuscan Woods noise barrier. The ordinance sets the hearing date for January
8, 2008 at 7:00 pm. At that hearing, the Board will consider the possible levying of an additional
tax at an annual rate of $0.20 of the assessed value of the taxable property within the SSA. The
thirteen properties in the proposed special service area and shown on the attached map.
An informational meeting was held on November 291h with several neighbors from the area.
Their consensus was to proceed with the project.
Recommendation:
It is recommended that the Board of Trustees approve the ordinance proposing the establishment
of the Special Service Area Number 2.
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ODELSON & STERK, LTD.
MEMORANDUM
TO: Village Manager David Niemeyer
FROM: Mark Sterk; Mike Hayes
RE: Tuscan Woods /I -88 Noise Wall — Special Service Area
DATE: October 16, 2007
Issue:
This memo outlines the possible use of a Special Service Area as a means of
providing funds for the future maintenance and /or removal of a noise wall to be placed
near the Tuscan Woods subdivision and I -88.
Background /History:
As previously reported by Village Engineer Dale Durfey, in anticipation of work
on I -88 by the Illinois State Toll Highway Authority, the developer of the Tuscan Woods
subdivision entered into discussions with the former Village Manager and the Tollway
about the construction of a noise wall along a portion of I -88. According to the
Tollway's study, the construction would affect 11 properties. The Tollway and developer
agreed to pay for the cost of the noise wall. The Tollway, however, refused to enter into
a direct agreement with a private party, and the Village agreed to step in and facilitate the
necessary agreements as long as there was no cost to the Village. As a result, the Village
and Tollway negotiated an Intergovernmental Agreement stating that the Village is
responsible for designing, constructing, and maintaining the noise wall with the Tollway
contributing to the construction cost. As a condition of the Village's involvement in the
Intergovernmental Agreement, however, the developer was required to enter into a
separate agreement with the Village that transferred all of the Village's responsibilities in
the Intergovernmental Agreement to the developer.
The noise wall is expected to last for 20 to 30 years, and funding future
maintenance or removal of the wall is a concern for the Village. By that time, the
developer of the subdivision will have long completed its involvement in the project.
Additionally, the noise wall extends beyond the limits of the subdivision, and it,
therefore, affects other property owners in the area. Creation of a special service area
with boundaries that encompass all of the properties receiving the benefit of the noise
wall would serve as a means of obtaining funds for future maintenance by levying a
special tax on those property owners.
1
Special Service Areas:
The Illinois Constitution permits a municipality to levy additional real estate or
other types of taxes in a particular area within its boundaries for the purpose of providing
special services to that area but not to the entire municipality. Section 7 of Article VII of
the Illinois Constitution states:
"Counties and municipalities which are not home rule units shall have
only powers granted to them by law and the power * * * 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."
The Special Service Area Tax Law (35 ILCS 200/27 -5, et seq.) sets forth the procedures
for establishing special service areas. The term "special services" is very broad and
includes nearly any local improvement. The following lists the basic steps for creating a
special service area.
First reasonable boundaries for the special service area must be established. The
area may be defined by identifying the area benefitting from the special service -i e , the
noise wall here. Next, the Village would adopt an ordinance calling for a public hearing
on the establishment of the special service area. The ordinance must include, among
other information: the boundaries of the area by legal description, etc.; the nature of the
proposed special service; the proposed tax limits, if any; the proposed limit on any bonds
to be issued, if any; the maximum number of years during which taxes will be levied, if
there is to be a maximum; the form of notice to the property owners in the area; and the
nature of the tax. A hearing must be held for the creation of the special service area, the
levy of taxes, and the issuance of bonds. A single hearing, however, is sufficient to
address all three of these matters if applicable. The notice of hearing must be published
in a newspaper at least 15 days before the hearing and mailed to the property owners /tax
payers not less than 10 days before the hearing.
All of the property owners have a right to be heard at the hearing and submit
written objections. Opponents of the special service area may veto it by filing a petition
signed by 51 percent of the electors and by 51 percent of the property owners of record in
the area within 60 days following the final adjournment of the hearing. The objectors
must file the requisite number of signatures in both groups. See 35 ILCS 200/27 -55;
Ciacco v. City f Elgin, 85 Ill.App.3d 507, 407 N.E.2d 108 (2"d Dist. 1980). Each
resident of the special service area registered to vote at the time of the public hearing is
an "elector." Each person in whose name legal title to land located within the special
service area is held, according to county records, is an "owner of record." If the objectors
obtain the requisite number of signatures, then the proposed special service area is
defeated, and the subject matter of the petition cannot be proposed relative to any
signatories of the petition for two years.
2
If the special service area is not defeated by petition, the Village must then adopt
an ordinance actually establishing the special service area. The Village may adopt this
required ordinance immediately after the final adjournment of the public hearing as long
as the effective date is deferred for the 60 -day filing period and is contingent on a
successful petition not being filed. Once the Village adopts the ordinance establishing
the special service area, it must file a certified copy of the ordinance with a map of the
special service area attached with the county clerk. This should be done within 60 days
of the effective date of the ordinance.
Conclusion:
Among the advantages of using a special service area are that it can be
accomplished more quickly procedurally and for a lower cost than using special
assessment financing. The special service area can be taxed as the need to maintain,
replace, or remove the noise wall arises in the future. Assuming the Village Board is
interested in proceeding with the special service area, we will prepare all of the necessary
paperwork and advise you of the additional details in the process.
S \MikeHayes \Oak Brook \Tuscan Woods \SSA Memo doc
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ITEM 6.M.
AGENDA ITEM
Regular Board of Trustees Meeting
of
November 13, 2007
SUBJECT: Tuscan Woods Sound Wall
FROM: David Niemeyer, Village Manager
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: Approve an ordinance that starts the process for creating a
Special Service Area (SSA) for the Tuscan Woods Sound Wall.
Background /History:
At a previous Village Board meeting, the Village Board discussed the concept of creating a
special service area for maintenance of a sound wall in the Tuscan Woods subdivision
Attached is an ordinance that starts the process for creating the Special Service Area (SSA) for
maintenance of the Tuscan Woods sound wall. The ordinance sets the hearing date for December
111 2007 at 7:00 pm. At that hearing the Board will consider the possible levying of an
additional tax at an annual rate of $ .20 of the assessed value of the taxable property within the
SSA. The thirteen properties in the proposed special service area and shown on the attached map.
Recommendation:
It is recommended that the Board of Trustees approve the ordinance proposing the establishment of the
special service area number two.
Ar�'
Last saved by Default J \Agenda Items \Tuscan Woods Sound Wall doc
Last printed 11/9/2007 2 38 PM
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 Presi-
dent 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 terri-
tory.
LOTS 1, 2, 3, 4, 5, 6, AND 7 IN AMENDED AND RE-
STATED 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 DOC-
UMENT R2003- 340360, IN DUPAGE COUNTY, ILLINOIS.
PINS 06 -24 -105 -017
06 -24- 105 -018
06- 24- 105 -0 19
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 MERID-
IAN, ACCORDING TO THE PLAT THEREOF RE-
CORDED NOVEMBER 14, 1947 AS DOCUMENT 534056
AND RE- RECORDED ON DECEMBER 11, 1947 AS DOCU-
MENT 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 INTER-
SECTS 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 6,
251 8 FEET SOUTH OF THE NORTHWEST CORNER
THEREOF), ALL IN YORKSHIRE WOODS, A SUBDIVI-
SION IN SECTION 24, TOWNSHI P 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, AC-
CORDING TO THE PLAT THEREOF RECORDED NO-
VEMBER 14, 1947 AS DOCUMENT 534056 AND RE -RE-
CORDED AS DOCUMENT 535991, IN DUPAGE COUNTY,
ILLINOIS
PIN: 06-24- 106 -001
The area consists of approximately 8 acres, more or less,
and is bounded by the West bound lanes of 1 -86 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 Vil-
lage 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 obiect to the formation of the Spe-
cial Service Area and the levy of special taxes against the
Special Service Area, including owners of the Special Ser-
vice Area and electors residing within the Special Service
Area
The purpose of the formation of the proposed Vi I loge of Oak
Brook Special Service Area No. 2 in general is to provide
special municipal services to the Special Service Area, spe-
cifically 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 hear-
ing may be adjourned without further notice to another
date
If a petition signed by at leastfifty -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 fled with
the Village of Oak Brook's Village Clerk within sixty (60)
days following the final adiournment 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.
Published jn'Dajly Herald December 21, 2007 (4016926)S
F
CERTIFICATE OF PUBLICATION
Paddock Publications, Inc.
Daily Herald
Corporation organized and existing under and by virtue of the laws of
the State of Illinois, DOES HEREBY CERTIFY that it is the publisher
of the DAILY HERALD. That said DAILY HERALD is a secular
newspaper and has been circulated daily in the Village(s) of
Addison, Bensenville, Bloomingdale, Carol Stream, Glendale Heights,
Glen Ellyn,Itasca, Keeneyville,Lisle, Lombard, Medinah, Naperville,
Oak Brook, Oakbrook Terrace, Roselle, Villa Park, Warrenville,
West Chicago, Wheaton, Winfield, Wood Dale
County(ies) of DuPage
and State of Illinois, continuously for more than one year prior to the
date of the first publication of the notice hereinafter referred to and is of
general circulation throughout said Village(s), County(ies) and State.
I further certify that the DAILY HERALD is a newspaper as defined in
"an Act to revise the law in relation to notices" as amended in 1992
Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a
notice of which the annexed printed slip is a true copy, was published
December 21, 2007 in said DAILY HERALD.
IN WITNESS WHEREOF, the undersigned, the said PADDOCK
PUBLICATIONS, Inc., has caused this certificate to be signed by, this
authorized agent, at Arlington Heights, Illinois.
PADDOCK PUBLICATIONS, INC.
DAILY HERALD NEWSPAPERS
BY
Authoriz A ent
Control # T4016926