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HomeMy Public PortalAboutOrdinance 2430INKY PNN SfLF1L iP R t06tl98369 NNINI~~IM~~ININIII~ININ~~~INIIU~NIhInI~~~ItlIN~M~~ ORDINANCE NO. ~~3 ~ ESTABLISHMENT OF A SPECIAL SERVICE AREA NUMBER 29 (CANTERBURY WOODS) WILL COUNTY IN THE VILLAGE OF PLAINFIELD FOLLOWING NOTICE AND PUBLIC HEARING IN CONNECTION THEREWITH ~~ VILLAGE OF PLAINFIE D ORDINANCE NO. ~ d AN ORDINANCE FOR THE ESTABLISHMENT OF A SPECIAL SERVICE AREA NUMBER 29 (CANTERBURY WOODS) WILL COUNTY IN THE VILLAGE OF PLAINFIELD FOLLOWING NOTICE AND PUBLIC HEARING IN CONNECTION THEREWITH WHEREAS, special service areas are established pursuant to subsection (1) of Section 7 of Article VII of the Illinois Constitution of 1970, and the Special Service Area Tax Law (35 ILCS 200/27-5 et seq) and the Property Tax Cade (35 ILCS 200/1-1 et seq); and WHEREAS, the Village of Plainfield desires to establish such an area as hereinafter described ;and NOW, THEREFORE, BE IT ORDAINED, by the Village President and Village Board of the Village of Plainfield, Illinois, as follows: SECTION ONE: (A) That it is in the public interest that the territory hereinafter described in the Notice referred to in. Section Four hereof be established as Special Service Area Number 29 far the purposes set forth herein. An accurate map of said territory is attached hereto as Group Exhibit "A-1". (B) That said Area is compact and contiguous. (C) That said Area is zoned far residential purposes and will benefit specially from the municipal services to be provided and that said proposed municipal services are unique an in addition to municipal services provided to the Village of Plainfield as a whole; and it is, therefore, in the best interest of said Area and the Village of Plainfield as a whale that special taxes be levied against said Area for the services to be provided. (D) Therefore, that Village of Plainfield Special Service Area Number 29 be and is hereby established for and with regard to the aforesaid territory. SECTION TWO: That the purpose of Village of Plainfield Special Service Area Number 29 is to provide special municipal improvements to said Area which include the maintenance, repair and replacement of certain entry monuments, landscaped easements and stormwater retention areas within the Area, all in accordance with the final landscape and engineering plan and final plat of subdivision for the Area; and the proposed municipal services are unique and are in addition to the services provided by the Village generally. Annual taxes shall be assessed and levied for said special municipal services in said Area, on property in said Area in addition to all other municipal taxes; provided that the special annual tax shall be levied upon the equalized assessed value of the property in said Area in an amount not to exceed an annual .rate of twenty one-hundredths percent (.20%, being 20 cents per $100) of equalized assessed valuation thereof. This tax shall be levied far an indefinite period of time commencing during and in the years subsequent to the date of this Ordinance. Said taxes shall be in addition to all other taxes provided bylaw and shall be levied pursuant to the provisions of the Property Tax Code. Notwithstanding the foregoing, taxes shall not be levied hereunder and said Area shall be "dormant", and shall take effect only if the Homeowners Association fails to maintain, repair or replace the aforesaid required items and the Village is forced to assume said responsibilities. During the years of development in the Area and initially thereafter, said levies are intended to produce approximately $74,230.00 annually far the cost of said services. However, there Village may annually levy hereunder up to the maximum rate specified herein for the cast for the said services, as said services become necessary and are provided for. SECTION THREE: That a public hearing has been held an the 18th day of October, 2004 at 7:00 p.m., in the Village Board Roarn of the Village Hall, 24000 W. Lockport, Plainfield, lllinais, with regard to the establishment of Village of Plainfield Special Service Area Number 29 in the territory described in the Notice referred to in Section Four hereof. At the hearing, there was considered the levy of an annual tax as described and limited in Section Two hereof. SECTION FOUR: That notice of hearing was published on the 22nd day of September, 2004 being not less than fifteen (l S) days prior to the public hearing, in a newspaper in general circulation in the Village of Plainfield. In addition, A Waiver of Notice having been filed or notice by mailing having been given a minimum often (10) days prior to the public hearing to the name of the individual who paid the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within proposed Special Service Area Number 29. 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. Notice was provided for in the form described by Exhibit "B" attached hereto., SECTION FIVE: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval. SECTION SIX: That all ordinances or parts of ordinances thereof in conflict therewith are hereby repealed to the extent of any such conflict. SECTION SEVEN: That any Section or provisions of this Ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter. PASSED by the Village Board of the Village of Plainfield, Illinois on the day of October, 2004. AYES (~ NAYS Q NOT VOTING l1~ APPROVED AND SIGNED by the Mayor of the Village of Plainfield, Illinois on this ~ day of October, 2004. ~,~ ~/ ayor ATTEST: Village Clerk: an Janik THIS DOCUMENT PREPARED BY AFTER RECORDING: PLEASE RETURN TO: VILLAGE CLERK'S OFFICE 24000 W. Lockport Street Plainfield, TL 60544 `~... EXHIBIT B NOTICE OF HEARING VILLAGE OF PLAINFIELD SPECIAL SERVICE AREA NUMBER 29 (CANTERBURY WOODS) NOTICE IS HEREBY GIVEN that on the 18th day of October, 2004 at 7:00 p.m., in the Village Board Room of the Village Hall, 24000 W. Lockport, Plainfield, Illinois, a hearing will be held by the Village Board of the Village of Plainfield to consider the establishment of a Special Service Area consisting of the fallowing described territory: SEE ATTACHED EXFIIBIT "A" The approximate location of this subdivision, including 173. single-family homes located on 104 acres north of 127th Street, anal west of 248' Street. An accurate map of said territory is on file in the Office of the Village Clerk and available for public inspection, and is attached hereto as Group Exhibit "A-1 ". All interested persons affected by the formation of Special Service Area Number 29 will be given an opportunity to be heard regarding the formation of the boundaries of the Area and may object to the formation of the Area and the levy of taxes affecting said Area. 'The purpose of the formation of Special Service Area Number 29 in general is to provide for the maintenance, repair and replacement of certain entry monuments, landscaped easements, landscaped islands and stormwater retention areas in said Area, all in accordance with the final landscape and engineering plan and final plat of subdivision for the Area, and the proposed municipal services are unique and are in addition to the improvements provided and/or maintained by the Village generally. At the hearing, all persons affected will be given an opportunity to be heard. At the hearing, there will be considered the levy of an annual tax of not to exceed an annual rate of twenty one-hundredths percent (.20, being 20 cents per $100) of the equalized assessed value of the property in the proposed Special Service Area Number 29, said tax to be levied for an indefinite period of time from and after the date of the Ordinance establishing said Area. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. Said levies are intended to produce approximately $ 74,230.00 annually for the cost for said services. Notwithstanding the foregoing, taxes shall not be levied hereunder and said Area shall be "dormant", and shall take effect only if the Homeowners Association fails to maintain, repair or replace the aforesaid required items and the Village is forced to assume said responsibilities. The hearing maybe adjourned by the Village Board 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 fiftyTone percent (S 1 %) of the electors residing within the proposed Special Service Area Number 29 and by at least fifty-one percent (S 1 %) of the owners of record of the land included within the boundaries of the proposed Area is filed with the Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the establishment of the Area, the enlargement thereof, or the levy or imposition of a tax for the provision of special services to the Area, no such Area maybe established or enlarged, or tax levied or imposed. Dated this 14th day of September, 2004 Susan Janik Village Clerk .. .. ., EXHIBIT A LEGAL DESCRIPTION THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPTING THEREFROM THE SOUTH 656.03 FEET THEREOF, AND ALSO EXCEPTING THEREFROM THE NORTH 568.00 FEET OF THE EAST 497.00 FEET; AND ALSO, LOTS 1, 2 AND 3 OF COMMISSIONERS' SUBDIVISION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN AS MORE PARTICULARLY SHOWN IN COMMISSIONERS' REPORT AND PLAT ATTACHED THERETO, FILED IN CAUSE N0.22523, JOHN-FTNDLAY, ET AL. VS. JAMES FINDLAY ET AL, IN THE CIRCUIT COURT OF WILL COUNTY, ILLINOIS, TO WHICH RECORD REFERENCE IS HEREBY MADE, EXCEPT PUBLIC SERVICE COMPANY RIGFIT-OF-WAY AND PORTION CONDEMNED IN THE COUNTY COURT OF WILL COUNTY ON JUNE 11, 1923, N0. 4986; ALL IN WILL COUNTY, ILLINOIS. • • ss~o~n