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S-475 - 06/23/1981 - SPECIAL SERVICE AREA - Ordinances ORDINANCE NO. S .' 475 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 OF 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 (1) of the Constitution of the State of Illinois in force July 1 , 1971 , which provides "The General Assembly may not deny or limit the power of home rule units (1) to make local im- provements by special assessment and to exer- cise this power jointly with other counties and municipalities , and other classes of units of local government having that power on the ef- fective 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 pro- vide. 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 purposes 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 Pates .- Borrowing of Money: That a public hearing shall be held on the 21st day of July 1981 , in the Samuel E. Dean Board Room of the Village Commons, 1200 Oak Brook Road, Oak Brook, Illinois , to consider the creation of Special. Service Area Number 1 of the Village of Oak Brook, in the ter- ritory described in the Notice set forth in Section 4 hereof. At the hearing, there will be considered the borrowing of $53,200 .00 from the Village ' s General Corporate Fund to be evidenced by a transfer to a separate fund to be- established for the proposed Special Service Area Number 1, the proceeds of which shall be used to pay the cost of construction of the proposed municipal services in said Special Service Area Number 1 . Said indebtedness is to be retired over not to exceed a twenty (20) year period and to bear interest at a rate of not to exceed six (6%) per annum, based on the outstanding indebtedness . _F ... _r_ . ..... M.U. ,. _ Ordinance No . S-475 Page 2 Establishment of Special Service Area Said indebtedness , if authorized, shall be retired by the levy of a direct tax to pay theJ.nterest on such indebtedness as it falls due and to discharge the principal thereof at maturity. Said tax is to be levied upon all taxable property within the proposed Special Ser- vice -Area. 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 or persons in whose name the general taxes for the last pre- ceding 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: ' ° Ordinance No. S-475 Page 3 Establishment of Special Service Area, NOTICE OF HEARING VILLAGE OF OAK BROOK SPECIAL SERVICE AREA NUMBER ONE NOTICE IS HEREBY GIVEN that on July 21, 1981 , at 7 : 30 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 territory: Parcel 1 : Lots 1 to 40 inclusive, in York Woods Unit No. 3, a subdivision of part of the Northeast quarter of Section 25, Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded July 20 , 1964 as Document No. R64-25713 in DuPage County, Illinois. Parcel 2 : Lots 171 to 182 inclusive , Lots 189 to 219 inclusive, and Lots 221 to 234 inclusive, in York Woods Unit No. 2 , a subdivision of part of the Southeast quarter of Section 2S , Township 39 North, Range 11 East of the Third Principal Meridian -according to the plat thereof recorded January 13 , 1964 as Document No. R64-1126 in DuPage County, Illinois. Parcel 3: - Lots 63 to 170 inclusive , and Lots 183 to 188 inclusive , in York Woods , a subdivision of part of the East half of Section 25, Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded October S, 1962 as Document No. R62-35479 in DuPage County, Illinois . Parcel 4 : Lots 235 to 258 inclusive, in York Woods Unit No. 4 , a subdivision of part - of the Southeast quarter of Section 25, Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded April 10, 1967 as Document No. R67-10240 in DuPage County, Illinois . Parcel -5: Lots 2 and 3 in Windsor Subdivision, a subdivision of part of the Southeast quarter -of- Section 2S , Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded June 14 , 1965 as Document No. R65-20293 in DuPage County, Illinois. Parcel 6: Lots 1 to 10 inclusive, in Oak Brook Estates , a subdivision of the South 40 acres (except . the West 20 feet thereof) of the East half of the Southeast quarter of Section 25, Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded April 25, 1952 as Document No. 650115 in DuPage County, Illinois. Parcel 7 Part of the Northeast quarter of Section 25 , Township 39 North, Range 11, East of the Third Principal Meridian, DuPage County, Illinois , described as follows : Beginning at a. Northwesterly corner of York Woods , a Subdivision situated in part of the East half of said Section 25 , recorded October 5, 1962 as Document No. R62-35479 , also being a point on the Westerly right-of-way line of Windsor Drive as shown on the recorded plat of said York Woods ; thence North 16 degrees, 47 minutes, 41 seconds West a distance of 273. 21 feet to a point of curvature; .thence Northerly along the arc of a curve, convex Westerly and having a radius of 604. 0 feet, a distance of 205. 33 feet to a point of tangency; thence North k k* x' l Ordinance S-475 . Page 4 Establishment of Special Service Area Parcel 7 : (Continued) 02 degrees , 41 minutes , 00 seconds East a distance of 307 . 36 feet to a point of curvature ; thence Northerly along the arc of a curve, convex Northeasterly and having a radius ' of 178. 0 feet , a distance of 148 . 14 feet to a point of tangency; thence North 45 degrees , 00 minutes , 00 seconds , West a distance of 29. 0 feet ; thence South 89 degrees , 44 minutes , 42 seconds West a distance of 84 . 80 feet ; thence South 45 degrees , 00 minutes , 00 seconds West a - distance of 65. 47 feet to a point on the East line of Lot 1 of the Drake Oak Brook, Incorporated, Assessment Plat , recorded February 23, 1962 as Document R62-5095 , said point being 198 . 16 feet South of the Southerly line of the Northern Illinois Gas Company property; thence South 00 degrees, 00 minutes , 00 seconds East along the Easterly line of said'Lot 1 a- distance of 797.42 feet to a Southeasterly corner of said Lot 1 ; thence South 60 degrees , 30 minutes , 00 seconds West along the Southeasterly line of-said Lot 1 a distance of 540. 0 feet to the most Southerly corner of said Lot 1 ; thence North 45 degrees , 00 minutes , 00 second's , West along a Southwesterly line of said Lot 1 a distance of 22 . 80 feet to a Southeasterly corner of Lot 2 of the Drake Oak Brook, Incorporated, Assessment Plat; thence South 4S degrees, 00 minutes, 00 seconds West along the Southeasterly line of said Lot 2 a distance of 7. 0 feet to a point on the Northeasterly line of Dover Drive as shown on the recorded plat of said York Woods ; thence Southerly and Easterly along the Easterly and Northerly line of Dover Drive and Northerly along the Westerly line Windsor Drive all as shown on the recorded plat of said York Woods the following: South 45 degrees , 00 minutes , 00 seconds East a distance of 44 .0 feet to a point of curvature; thence Southeasterly along the arc of a curve being_ convex Northeasterly and having a radius of 246.0 feet, a distance of 225. 21 feet to a point of tangency; thence South 07 degrees , 27 minutes , 14 seconds West a distance of 125. 0 feet to a point of curvature; thence Southeasterly along the arc of a curve being convex Southwesterly and having a radius of 198 . 0 feet , a distance of 325 . 71 feet to a point of tangency; thence South 86 degrees , 47 minutes , 56 seconds East a distance of 223. 21 feet to a point of curvature; thence North- easterly along the arc of a curve being convex South- easterly and having a radius of 30 . 0 feet, a distance of 40. 15 feet to a point of tangency; thence North 16 degrees, 30 minutes,, 52 seconds East a distance of 130. 50 feet to a point of curvature; thence Northeasterly along the arc of a curve being convex Northwesterly and having a radius of 676. 0 feet, a distance of 180. 02 feet to a point of tangency; thence North 31 degrees, 46 minutes , 19 seconds East a distance of 216. 85 feet to a point of curvature; thence Northerly along the arc of a curve being convex Easterly and having a radius of 337.0 feet , a distance of 285 .66 feet to the place of beginning also being the Terminus of said curve, in DuPage County, Illinois . Ordinance No. S--475 Page 5 Establishment of Special Service Area" 'Parcel 8 : Lot 1 of DeJong' s Subdivision of Lot 220 in York Woods Unit No. 2 , a subdivision of part of the Southeast Quarter of Section 25, Township 39 North Range 11 East of the Third Principal Meridian according to the plat thereof recorded April 6, 1970 as Document No. R70-10032 In DuPage County, Illinoi-s. The approximate street location is the area bounded by York Road on the West, the Tri-State Tollway on the East , Oak Brook Road on the South, and 22nd Street on the North. 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 1 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 .the levy of taxes .affecting said area. The purpose of the formation of Oak Brook Special Service Area Number l in general is to provide special municipal services to the area, incuding, but not limited to, municipal services in connection with the- installation of street lights , and other appurtenant items . The borrowing of general corporate funds of the said Village to pay the cost of construction of the proposed municipal services in said Special Service Area in an amount not to exceed $53,200 . 00 at an interest rate of not to exceed six (60) percent per annum and to mature within twenty (20) years_, will be considered at the hearing, said in- debtedness, 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 without fur- ther notice_ 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 percent of the electors re- siding within the special service area and 'by at least 51 percent 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 object- ing 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. DATED this a'' day of 1981 . MARIANNE LAKOSIL Village Clerk Village of Oak Brook, Illinois r x ro Ordinance No. s-475 Page' `6 Establishment of Special Service Area,; Section 5 : This Ordinance shall be in full force and effect from and after—its passage and approval as provided by law. Passed this 23rd day of June 1981 . Ayes : iTrustees Congreve, Imrie, Listecki, Philip, Rush and Watson Nays 0 Absent : d Approved this 23rd day of June 1981 . 0 Z� r_� �2e i.l a e President ATTEST: Village Clerk Approved as to Form: Vill gq Attor ey Oak _Brook Published Notice Published 7/2/81 DOINGS Date Paper Not Published _. % t t 4 R x •z