S-1650 - 05/24/2022 - SPECIAL SERVICE AREA - Ordinances THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER ORDINANCE 2022-DS-SSA-S-1650
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF DORMANT SPECIAL
SERVICE AREA NO. 2022-1 IN THE VILLAGE OF OAK BROOK
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 24th day of May, 2022
ORDINANCE NO. 2022-DS-SSA-S-1650
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF DORMANT SPECIAL SERVICE AREA NO. 2022-1
IN THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook, DuPage and Cook Counties, Illinois (hereinafter the
"Village") is a duly organized and validly existing non home-rule municipality authorized to
exercise certain powers and perform certain functions pursuant to Article VII, Section 7 of the
Constitution of the State of Illinois and provided by the Illinois Municipal Code (65 ILCS 5/1-1-1,
et seq.);
WHEREAS, pursuant to the provisions of Section 7(6) of Article VII of the 1970
Constitution of the State of Illinois, the Village is authorized to levy or impose additional taxes
upon areas within its Corporate 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;
WHEREAS, pursuant to the provisions of the Illinois Special Service Area Tax Law, (35
ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1, et seq.), upon exercising
its power granted in item (6) of Section 7 of Article VII of the Illinois Constitution to provide special
services, the Village may a establish special service area to levy taxes in order to pay for the
provision of, or debt incurred in relation to, said special services within the Corporate Boundaries
of the Village;
WHEREAS, Jupiter Reality Company, LLC ("Jupiter") is the contract purchaser of a portion
of certain real property located at what is now commonly known as 1900 Spring Road, Oak Brook,
Illinois (the "Subject Territory"; legally described in Exhibit A, attached hereto and made part
hereof); which is currently owned by Franklin 1900 Spring Road LLC ("Franklin") (Jupiter and
Franklin are hereinafter collectively referred to as "Petitioner");
WHEREAS, Petitioner presented the Village with an application for a Planned
Development for a 22-story residential condominium building with up to 90 dwelling units (the
"Planned Development") located on a certain portion of the Subject Territory preliminarily known
as LOT 4 of the Planned Development;
WHEREAS, on January 8, 2019 the Village President and Board of Trustees (collectively
the "Corporate Authorities") of the Village approved Ordinance 2019-S-1555-ZO-EX-PUD which
approved the Planned Development, with exceptions, and subject to certain conditions, including
but not limited to the establishment of a dormant special service area to fully fund the
maintenance, operation, repair, and replacement of the Subject Territory's storm water and
floodplain management facilities in the event that Petitioner, or any condominium association that
is established, fails to maintain the Property's storm water and floodplain management facilities,
to become effective if the Village, in its sole discretion, determines that said storm water and
floodplain management facilities are not being properly maintained, cared for, or operated in
accordance with all federal, state, and local ordinances, rules, or regulations, as amended;
WHEREAS, the Corporate Authorities recognize that there must be a backup mechanism
for payment of any and all costs of continued maintenance, repair and reconstruction of all storm
water and floodplain management facilities located within, and serving the proposed Planned
Development located on, the Subject Territory, all as hereinafter described;
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WHEREAS, the proposed Special Service Area (the "SSA") is compact, contiguous, and
intended to service the proposed Planned Development on the Subject Territory;
WHEREAS, municipal services to be provided in the event the special service area is
established are in addition to the municipal service provided to the Village as a whole and the
proposed special service area will benefit from the special municipal services to be provided; and
WHEREAS, the Corporate Authorities are of the opinion that it is in the best interests of
the Village of Oak Brook to consider the creation of a special service area for the Subject Territory
for the purposes referenced herein.
NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees
of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:
Section 1: Recitals. The Corporate Authorities hereby find that all of the recitals
hereinbefore stated as contained in the preamble to this Ordinance are full, true and correct and
do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings.
Section 2: Proposal. The Village agrees to proceed to consider the establishment of a
special service area for the Subject Territory as Special Service Area 2022-1 with the purpose to
fully fund the maintenance, operation, repair, and replacement of the Subject Territory's storm
water and floodplain management facilities (the "Services") in the event that Petitioner, or any
condominium association that is established, fails to maintain the Property's storm water and
floodplain management facilities, to become effective if the Village, in its sole discretion,
determines that said storm water and floodplain management facilities are not being properly
maintained, cared for, or operated in accordance with all federal, state, and local ordinances,
rules, or regulations, as amended.
Section 3: Public Hearing. A public hearing shall be held on August 9, 2022 at 7:00 p.m.
at Village Hall located at 1200 Oak Brook Rd, Oak Brook, IL 60523, to consider the creation of
the Village of Oak Brook Special Service Area Number 2022-1 in the Subject Territory.
At the hearing, the following method of payment of the special Village services to be provided
within the proposed special service area will be considered: the levy of a tax by the Village on
each parcel of property in the proposed special service area, sufficient to produce revenues to
provide special municipal services to the proposed special service area; the proposed rate of
taxes for the initial year shall not exceed $5.00 for every $100.00 of equalized assessed value
and the maximum rate of such taxes to be extended in any year within the proposed special
service area shall not exceed $5.00 for every $100.00 of equalized assessed value.
Section 4: Notice of Public Hearing. Notice of hearing shall be published at least once
not less than fifteen (15) days prior to the public hearing specified in Section 3 above, in a
newspaper of general circulation in the Village. In addition, notice shall be given by depositing
the notice in the United States 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 proposed special service area. This 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
taxpayer of record.
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Section 5: Effective Date. This Ordinance shall be in full force and effect from and after
its passage and approval in the manner provided by law.
PASSED THIS 24th day of May, 2022.
Ayes: Trustees Herman, Manzo, Reddy, Tiesenga, Yusuf
Nays: None
Absent: Trustee Nagle
APPROVED THIS 24th day of May, 2022. /
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
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Exhibit A
LOT 3 IN THE FRANKLIN SUBDIVISION BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 27,
2018, PER DOC. NO, R2018-036669, IN DUPAGE COUNTY, ILLINOIS.
Common Address: 1900 Spring Road, Oak Brook, Illinois 60523
PIN: 06-23-302-006
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