Loading...
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 i' iir�y'•` •��, I J 1l �Q) ATTEST . V 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 i 1 1 1 1 p 1 i • ;°..`W Jo"&,N` me ,4)hTVfl 'D f4jVD REST,4T D PL,4T P I, ry o M- 05 ooz (apAl p/ Jh^l N " 0&-24-105-00 8 ♦Ras.. b hArNT...W M.... Iy. "14 iRK7.a.m. r �!' p a • J A-A j wr.•W as 7.apaO3A9 QAJ P Op k S...K FUSCA4N frOODS SLIBOlYIS10N �: R: ' ...:�„ FOR.'SRLY MOAN CIS r grAm•R.W%4T o &7J RUT"a -rat Y.wsl .► WR sAKK YORIY h'l) dc' CLF'N OF OWK BROOJf IS. . S. x.e VA -Abs .F OW s AmK ILoo cv%m udew aapa ARWrA=r&113a.nArmQN AWArAGUMAMWAM& -Ma7 DOA E+Vd1;LL f.Rfa] OA,cSfmkSTS- W23 utK xaD, a�rrrrarorK rw:s r, NMTX AVWnu»xparmslRDWWonoyraawrramm ..,aurae Scsi irsdamw NEW rw. #'s or.- a4- Ia5 -0pq - SPECIAL SERVICE AREA #Z PLAT ' RAUC328 2003 11 135 AM i Crta9lslC BCAtS r� �' � I, WO s �, ` /sue � i t ...-. tF50;-Olt -UzbL P i . � / .,1���° � t ,,. ',� 06 -.84- r cis -r�SO path Ow IM R r in of 0" IA/ mrnn .� ,le ior� Z-, C6 -2a -7 os -o r mow Awknow C r uaurSf i+ ' wI•c1S�Sb. \ � v i / {I aPilp'f a�IRf{711i+ w �. Fv w.catpi / 1 ff M p� I.rs� Mi.i.� -�•. M YI • p� wr W ' c�[ paper it N lul Q W amv•pa O pa [ D=* 4 .i.l .ml RWAW>4 �N1 }.MV N&sa "wriffv Y10. mn ,c.v.R sa or w me 1 +t M 1J.Q OYpt V+m ■ OM.� M1 U[7I K a" P�VL mw wRp Lmob, I as -ate • r o�- ovs�,,� / • ! In.ewt.tw R5fs1 a+o Uwm ay. �Db� osiyn u¢psxl .a tac pn pn -nls/ NJ"ts, F. •aa- 7 os -o22 ! \�1 �. 7l I � � I ! r m.arp.r../h DOM ao Ila.A t.ncr r..w f� t-"'24 y�alnl ax v wt wSwan its o stw I1u-n EXHIBIT C m! a Boa ..�Ya era SHEET 1 of 2 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 ' C ®uNT , 9&6�� —AXA4-,-4 Charlotte K Pruss Village Clerk Village of Oak Brook, Illinois