S-1213 - 12/11/2007 - FINANCE - OrdinancesORDINANCE 2007 - FIN - SSA -S -1213
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2
IN THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, Tuscan Woods LLC ( "Developer') has developed a subdivision in the Village
commonly known as Tuscan Woods ( "Subdivision "), and
WHEREAS, the Illinois State Tollway Highway Authority ( "Authority ") is in the process of
widening 1 -88 in the vicinity of the Subdivision and has completed a noise study which concluded that a
noise barrier ( "Noise Barrier ") in the vicinity of the Subdivision and adjacent parcels (collectively the
"Subject Area ") will provide a significant reduction in projected noise levels and is therefore feasible but
marginally cost effective, and
WHEREAS, the Developer and the Village have conceptually agreed that pursuant to an
agreement between the Authority and the Village the Developer will construct the Noise Barrier providing
noise abatement along the Tollway which will benefit the Subject Area, and
WHEREAS, as a condition of constructing the Noise Barrier, the Authority requires the Village to
enter into an agreement, which will, inter alia, guarantee the continuing maintenance of the Noise Barrier,
and
WHEREAS, the Village is willing to enter into the agreement as required by the Authority provided
that the cost of maintaining the Noise Barrier is borne by the property owners and electors of the Subject
Area, and
WHEREAS, in order to guarantee adequate funds to pay for the maintenance and repair of the
Noise Barrier it is necessary to create a Special Service Area in the Subject Area which is legally and
commonly described on Exhibit A attached hereto and incorporated herein by reference, and
WHEREAS, the establishment of special service areas is authorized by Article VII, Section 7 of
the Illinois Constitution and the Special Service Area Tax Law 35 ILCS 200127 -5 et seq. ( "Law "), and
WHEREAS, the Subject Area is compact, contiguous and constitutes a separate and distinct area
within the Village, the Subject Area will benefit specially from the special municipal services to be
provided, in the Village's sole discretion without the obligation to do so, and as hereinafter described, the
proposed special municipal services are in addition to municipal services provided to the Village as a
whole, and it is therefore in the best interests of the Village that the levy of special taxes against the
Subject Area be considered to finance the special municipal services to be provided Such special
municipal services will be limited to the maintenance and repair of the Noise Barrier described in these
preambles
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 Public Hearinq B Tax Rate A public hearing shall be held on 8th day of January, 2008
at 7 00 p m in the Village of Oak Brook Village Hall to consider the creation of Special Service Area No 2
of the Village of Oak Brook for the Subject Area legally and commonly described in Exhibit A to this
ordinance At the public hearing there will also be considered the levy of a tax not to exceed the annual
rate of 0 20 percent of the assessed value, as equalized, of the taxable property within the Subject Area,
Ordinance 2007 FIN - SSA -S -1213
Propose Establishment of Spcl
Service Area No 2 (Tuscan Woods)
Page 2 of 5
said tax to be levied following the establishment of a Special Service Area for the Subject Area when
required to provide for maintenance and repair of the Noise Barrier Said taxes shall be in addition to all
other taxes provided by law and shall be levied pursuant to the provisions of the Law
Section 3 Notice of Public Hearing Notice of the public hearing shall be published at least once
not less than 15 days prior to the public hearing in one or more newspapers of general circulation in the
Village In addition, notice by mailing shall be given by depositing said notice in the United States mail
addressed to the person or persons in whose name the general taxes for the preceding year were paid on
each lot, block, tract or parcel of land lying within the proposed Special Service Area No 2 Said notice
shall be mailed not less than 10 days prior to the time set for the public hearing In the event taxes for
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 the Subject Area The notice shall be in substantially the form attached hereto as
Exhibit B and incorporated herein by reference
Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not effect 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 11th day of December, 0
JoKn W Craig
pillage President
PASSED THIS 11th day of December, 2007
Ayes Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin
Nays
None
Absent None
°b�'�Q�'4�•.','`, ATTES
Charlotte K Pruss
Village Clerk
Ordinance 2007 FIN - SSA -S -1213
Propose Establishment of Spcl
Service Area No 2 (Tuscan Woods)
Page 3 of 5
EXHIBIT A
DESCRIPTION OF SPECIAL SERVICE AREA
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 2007 FIN - SSA -S -1213
Page 4 of 5
EXHIBIT B
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 1.4, 1947 AS
DOCUMENT 534056 AND RE- RECORDED ON DECEMBER 1`1, 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 2007 FIN- SSA -S -1213
Page 5 of 5
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 nofi,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 `' if
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