HomeMy WebLinkAboutORDINANCE - 1544 - 11/9/1982 - SPECIAL SERVICE AREA/ESTABLISHMENT OFORDINANCE NO. 1544
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF A SPECIAL SERVICE AREA IN THE VILLAGE
OF ELK GROVE VILLAGE, COOK AND DUPAGE
COUNTIES, ILLINOIS, AND THE ISSUANCE OF
BONDS IN THE AMOUNT OF $4,500,000.00 FOR
THE PURPOSE OF PAYING THE COST OF PROVIDING
SPECIAL SERVICES IN AND FOR SUCH AREA.
WHEREAS, special service areas for home rule municipalities
are established pursuant to Part 1 of Section 6 of Article
VII of the 1970 Constitution of the State of Illinois, which
provides:
(1) The General Assembly may not deny or limit the
Power of home rule units. . .(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 Provide the Manner of Levying or Imposing Taxes for the
Provisions of Special Services to Areas within the Boundary
of Home Rule Units and Non -Home Rule Municipalities and
Counties", approved September 21, 1973, as amended, and pursuant
to the Revenue Act of 1939 of the State of Illinois, as
amended; and
WHEREAS, it is in the public interest that the establish-
ment of the area hereinafter described as a special service
area (the "Area") for the purpose set forth herein be considered;
and
WHEREAS, the area is compact and contiguous and is
totally within the Corporate Limits of the Village of Elk
Grove Village, Counties of Cook and DuPage, Illinois (the
"Village"); and
WHEREAS, the area will benefit specifically from the
municipal services to be provided (the "Services"), and the
services are unique and in addition to municipal services
provided to this Village as a whole,and it is, therefore, in
the best interests of the Village that the establishment of
the area be considered; and
WHEREAS, it is hereby estimated that the cost of pro-
viding the services will be not less than Five Million Nine
Hundred Thousand ($5,900,000.00) Dollars; and
WHEREAS, it is in the public interest that the issuance
of bonds in an amount not to exceed Four Million Five Hundred
Thousand ($4,500,000.00) Dollars secured by the full faith
and credit of the area be considered for the purpose of paying
the cost of providing these services (the "Bonds"); and
WHEREAS, the bonds shall be retired over a period not
to exceed twenty (20) years from the issuance thereof and shall
bear interest at not to exceed Fifteen (150) percent per annum;
and
WHEREAS, the bonds shall be retired by the levy of a
direct annual tax sufficient to pay the interest on the bonds
as the same comes due and to discharge the principal thereof
at maturity; and
WHEREAS, said direct annual tax shall be levied upon
all taxable property within the area for said period of not
to exceed twenty (20) years and shall be unlimited as to rate
or amount and in addition to all other taxes permitted by law:
NOW, THEREFORE, BE IT ORDAINED, by the President and
Board of Trustees of the Village of Elk Grove Village, Counties
of Cook and DUPage, Illinois as follows:
Section 1: That the preambles of this Ordinance are
hereby incorporated into this text as if set out herein in
full.
Section 2: That a public hearing shall be held at
7:00 p.m. on the 30th day of November, 1982, at the Village
Hall, 901 Wellington Avenue, Elk Grove Village, Illinois
(the "Hearing"), to consider the establishment of the area
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and the territory and for the purpose of providing the services
described in the Notice of Public Hearing set forth in
Section 4 hereof (the "Notice") and to consider the issuance
of the bonds described in the notice.
Section 3: That notice of the hearing shall be given
by publication and mailing. Notice by publication shall be
given by publication at least once not less than fifteen
(15) days prior to the hearing in the Elk Grove Herald, the
same being a newspaper of general circulation within the
Village. Notice by mailing shall be given by depositing
the notice in the United States Mails 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 area. The notice shall be mailed
not less than ten (10) days prior to the time set for the
hearing. In the event taxes for the last preceding year were
not paid, tine notice shall be sent to the person last listed
on the tax rolls prior to that year as the owner of said
property.
Section 4: That the notice shall be in substantially
the following form:
NOTICE OF PUBLIC HEARING
VILLAGE OF ELK GROVE VILLAGE
COOK AND DUPAGE COUNTIES, ILLINOIS
SPECIAL SERVICE AREA NUMBER ONE
NOTICE IS HEREBY GIVEN that on November 30, 1982 at
7:00 p.m. at the Village Hall, 901 Wellington Avenue, Elk
Grove Village, Illinois, a hearing will be held by the Board
of Trustees of the Village of Elk Grove Village, Cook and
DuPage Counties, Illinois to consider the establishment of
Special Service Area Number One of said Village consisting
of the following described territory:
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Lots 1, 2 and 6 and that part of I.ot 'W' lying East of the
Northerly extension of the West line of said Lot 2 in Centex
Industrial Park being a subdivision in Section 35, Township
41 North, Range 11, East of the Third Principal Meridian,
in Cook County, Illinois.
ALSO
Lot 7 in Centex Industrial Park.Unit 1 being a Subdivision
in Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
ALSO
Lot 8 and 12 and that part of Lot 'F' lying North of the
North line of Pratt Boulevard in Centex Industrial Park unit
2 being a Subdivision in Section 35, Township 41 North, Range
11, East of the Third Principal Meridian in Cook County,
Illinois.
ALSO
Lots 13, 14, 15, 16, 17 and Lot 'M' in Centex Industrial Park
Unit 3 being a Subdivision in Section 35, Township 41 North,
Range 11, East of the Third Principal Meridian (except the
East 17 feet of Lot 14 taken for widening of Elmhurst Road
and except that part of Lot 17 falling in Polak's Frutal
Works Resubdivision in Section 35 aforesaid) and also (except
that part of Lot 'M' falling in Centex Industrial Park Unit
4 a Subdivision in Section 35 aforesaid) in Cook County,
Illinois.
ALSO
Lots 18, 19 and 20 in Centex Industrial Park Unit 4 being a
Subdivision in Section 35, Township 41 North, Range 11, East
of the Third Principal Meridian (except that part of Lot 18
falling in Centex Industrial Park Unit 247 in Section 35
aforesaid) and also (except that part of Lot 19 taken for
widening of Greenleaf Avenue) in Cook County, Illinois.
ALSO
Lots 21, 22, 23, 24, 25, 26, 27, 28, 29 and Lot 'D' in
Centex Industrial Park Unit 5 being a Subdivision in Section
35, Township 41 North, Range 11, East of the Third Principal
Meridian, (except the East 12 feet of Lot 22 taken for
widening of Elmhurst Road) and also (except that part of
Lot 22 falling in Kurgans Resubdivision in Section 35 aforesaid)
and also (except that part of Lot 24 falling in Eli and Dina
Field Second Resubdivision in Section 35 aforesaid) and also
(except that part of Lot 28 falling in Fidelity Resubdivision
in Section 35 aforesaid) and also (except that part of Lot
'D' and Lot 29 falling in J. L. Williams Resubdivision in
Section 35 aforesaid) and also (except that part of Lot 21
falling in Lonnies Resubdivision in Section 35 aforesaid) and
also (except that part of Lot 24 taken for widening of
Greenleaf Avenue) and also (except that part of Lot 26 falling
in Nicholas and Estes Subdivision in Section 35 aforesaid)
in Cook County, Illinois.
ALSO
Lots 30 through 52 in Centex Industrial Park Unit 5 being a
Subdivision in Sections 26 and 35, Township 41 North, Range
11, East of the Third Principal Meridian (except the East
17 feet of Lot 30 taken for widening of Elmhurst Road) and
also (except that part of Lots 49 to 52 falling in J. L. Williams
Resubdivision in Section 35 aforesaid) in Cook County, Illinois.
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ALSO
Lots 5, 6, 7 and 8 in Kuhlman's Subdivision being a Subdivision
of part of the Northwest Quarter of the Northwest Quarter of
Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, (except that part of Lot 8 taken for
widening of Greenleaf Avenue) in Cook County, Illinois.
ALSO
Lot 400 in Centex Industrial Park Unit 247 being a Resubdivision
of the West 404.0 feet of Lot 18 in Centex Industrial Park
Unit 4 being a Subdivision in Section 35, Township 41 North,
Range 11, East of the Third Principal Meridian, in Cook
County, Illinois.
ALSO
Lots 'A', 'B', 'C', and 'D' in J. L. Williams Resubdivision
being a Resubdivision in the Northwest Quarter of Section 35,
Township 41 North, Range 11, East of the Third Principal
Meridian, in Cook County, Illinois.
ALSO
Lots 1, 2 and 3 in Polaks Frutal Works Resubdivision of part
of Lot 17 in Centex Industrial Park Unit 3 being a Subdivision
in Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
NVOR10]
Lot 1 in Kurgan's Resubdivision of the South 206.0 feet
(as measured along the West line thereof) of Lot 22 (except
the East 12.0 feet thereof) in Centex Industrial Park Unit
5 being a Subdivision in Section 35, Township 41 North,
Range 11, East of the Third Principal Meridian, in Cook
County, Illinois.
ALSO
Lots 1 and 2 in Lonnies Resubdivision being a Resubdivision
of part of Lot 21 in Centex Industrial Park Unit 5 being a
Subdivision in Section 35, Township 41 North, Range 11,
East of the Third Principal Meridian, in Cook County, Illinois.
ALSO
Lots 1, 2 and 3 in Rogers Industrial Park Annex being a
Resubdivision of Lot 11 (except the East 17 feet thereof)
in Centex Industrial Park Unit 2 being a Subdivision in
Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
ALSO
Lot 1 in Nicholas -Estes Subdivision being a Resubdivision of
the East 633 feet of Lot 26 in Centex Industrial Park Unit
5 being a Subdivision in Section 35, Township 41 North,
Range 11, East of the Third Principal Meridian, in Cook
County, Illinois.
ALSO
The West Half of vacated Old Busse Road lying East of and
adjoining the East line of Lots 5, 6, 7 and 8 in Kuhlman's
Subdivision being a Subdivision of part of the Northwest
Quarter of Section 35, Township 41 North, Range 11, East
of the Third Principal Meridian, (except that part taken
for widening of Greenleaf Avenue) in Cook County, Illinois.
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FTY001
Lots 1 and 2 in Eli and Dina Field Second Resubdivision being
a Resubdivision of Lots 1 and 2 in Eli and Dina Field Resubdivision
in Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
ALSO
Lot 1 in Fidelity Resubdivision being a Resubdivision of the
East 306.80 feet as measured along the North line thereof, of
the West 629.50 feet as measured along the North line thereof,
of Lot 28 in Centex Industrial Park Unit 5 being a Subdivision
in bection 35, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
ALSO
That part of Pratt Boulevard and that part of Pratt Boulevard
as widened lying East of the East line of State Route 83 and
lying West of the West line of Elmhurst Road as widened all
in Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
ALSO
That part of Lunt Avenue lying East of the East line of State
Route 83 and lying West of the West line of Elmhurst Road
as widened all in Section 35, Township 41 North, Range 11,
East of the Third Principal Meridian, in Cook County, Illinois.
ALSO
That part of Greenleaf Avenue and that part of Greenleaf
Avenue as widened lying East of the East line of State Route
83 and lying West of the West line of Elmhurst Road as widened
all in Section 35, Township 41 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois.
ALSO
That part of Estes Avenue lying East of the East line of State
Route 83 and lying West of the West line of Elmhurst Road as
widened all in Section 35, Township 41 North, Range 11, East
of the Third Principal Meridian, in Cook County, Illinois.
ALSO
That part of Nicholas Boulevard lying South of the South line
of Touhy Avenue and lying North of the North line of Pratt
Boulevard all in Sections 26 and 35, Township 41 North, Range
11, East of the Third Principal Meridian, in Cook County,
Illinois.
ALSO
All that part of certain strips of land dedicated for drainage
purposes which lie North of the North line of Pratt Boulevard
and South of the South line of Greenleaf Avenue in Centex
Industrial Park, Centex Industrial Park Unit 3 and Centex
Industrial Park Unit 4 being Subdivisions in Section 35, Town-
ship 41 North, Range 11, East of the Third Principal Meridian,
in Cook County, Illinois.
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P41&Y91
That part of the Northeast Quarter of the Northeast Quarter
of Section 35, Township 41 North, Range 11, East of the Third
Principal Meridian, described as follows: Beginning at the
Northeast corner of Lot 31 in Centex Industrial Park Unit
6, being a Subdivision of Sections 26 and 35, Township 41 North,
Range 11; thence South 481.42 feet, more or less, along the
East line of Lot 31 to the North line of Lot 30 in said Centex
Industrial Park Unit 6 (said East line of Lot 31 being a
line parallel to and 254 feet and 4 1/4 inches West of the
center of Elmhurst Road); thence East along said North line
of Lot 30, 204.35 feet, more or less, to a point 50 feet West
of the East line of said Section 35 (said North line of Lot
30 being a line parallel to and 172 feet and 7 inches North
of the South line of the Northeast Quarter of the Northeast
Quarter of Section 35); thence North parallel to the East
line of said Section 35, 481.42 feet, more or less, to the South
line of Estes Avenue; thence West along the South line of
Estes Avenue, 204.35 feet, mere or less, to the place of
beginning, in Cook County, Illinois.
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The approximate street location of said territory is as
follows: the area generally bounded by Touhy Avenue on the
North, Elmhurst Road on the East, Pratt Boulevard on the South
and State Rcute 83 (Busse Road) on the West. An accurate map
of said territory is on file in the Office of the Village
Clerk of the Village and is available for public inspection.
The purpose of the establishment of said Special Service
Area Number One is to provide special municipal services to
said special service area, including the construction of a
storm water collection facility and system, all of said improve-
ments to be in and for said special service area.
The issuance of bonds not exceeding the amount of
Four Million Five Hundred Thousand ($4,500,000.00) Dollars and
secured by the full faith and credit of said special service
area to pay the cost of the special municipal services herein-
above described will also be considered at said public hearing.
Said bonds shall be retired over a period of not to exceed
twenty (20) years from the issuance thereof and shall bear
interest at not to exceed Fifteen (15%) percent per annum. Such
bonds, if issued, shall be retired by the levy of a direct annual
tax sufficient to pay the principal and interest thereon, said
tax to be levied upon all the taxable property within said
special service area for said period of not to exceed twenty (20)
years and to be unlimited as to rate or amount and in addition
to all other taxes permitted by law.
All interested persons affected by the establishment of
said Special Service Area Number One or the issuance of said
bonds and the levy of said tax, including all owners of real
estate located within said special service area, will be given
an opportunity to be heard at said hearing regarding the
establishment of said special service area and the issuance of
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said bonds and the levy of said tax and an opportunity to file
objections to the establishment of said special service area
or the issuance of said bonds and the levy of said tax.
At said public hearing, any interested persons affected
by said proposed special service area may file with the Village
Clerk of said Village written objections to and may be heard
orally in respect to any issues embodied in this notice.
The Village Board of Trustees shall hear and determine all
protests and objections at said hearing, and said hearing may
be adjourned to another date without further notice other than
a motion to be entered upon the minutes fixing the time and
place of its adjournment.
If a petition signed by at least fifty-one (510) percent
of the electors residing within said special service area and
by at least fifty-one (51%) percent of the owners of record
of the land included within the boundaries of said special
service area is filed with the Village Clerk of said Village
within sixty (60) days following the final adjournment of said
public hearing objecting to the creation of said special
service area, the levy or imposition of a tax or the issuance
of bonds for the provisions of special services to said
special service area, or to a proposed increase in the tax
rate, no such special service area may be created, or tax
may be levied or imposed nor the rate increased, or no such
bonds may be issued.
By order of the President and Board of Trustees of the
Village of Elk Grove Village, Cook and DuPage Counties, Illinois.
DATED this 9th day of November 1982.
X
Cook and DuPage Counties, Illinois
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Section 5: That all ordinances, orders and resolutions
and parts thereof in conflict herewith be and the same are
hereby repealed, and that this ordinance be in full force and
effect forth%ith upon its adoption and approval.
Adopted November 9th , 1982
AYES: Trustees Joseph T. Bosslet, Ronald L. Chernick, Edward R. Hauser,
James P. Petri, Michael A. Tosto, Stephen M. Uhlarik.
NAYS:
ABSENT:
Approved November 9th , 1982
Charles J. Zettek
Village President, Village of Elk
Grove Village, Cook and DuPage Counties,
Illinois
Attest:
Patricia S. Smith
Village Clerk, Village of Elk Grove
Village, Cook and DuPage Counties,
Illinois
Recorded in the Village Records on November 9, 1982.
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