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HomeMy Public PortalAboutOrdinance 2173., ,.., 4 ~~ (~ ~ ri MRRY ANN STUKEI ~0P Wlil Ceunly Reorder Will County R ~00Z~14968 Page 1 of 16 LpK Da~.• 12/00/2002 Timo 13:33:02 _ _ _ Reoordln~ Fsos:_ _ 30.00 ORDINANCE N0.2173 ESTABLISHING A SPECIAL SERVICE AREA NUMBER 7 FARMSTONE RIDGE UNIT II ADOPTED NOVEMBER 18, 2002 ~~~~ VILLAGE OF PLAINFIELD ORDINANCE NO. 217 3 AN ORDINANCE FOR THE ESTABLISHMENT OF A SPECIAL SERVICE AREA NUMBER 7 (FARMSTONE RIDGE UNIT II) (WILL COUNTY) IN THE VILLAGE OF PLAINFIELD FOLLOWING NOTICE AND P~JIII~EARING IN CONNECTTON..T,~FREWITH 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 sey) and the Property Tax Code (3S ILCS 200/1-1 et sey); and WHEREAS, the Village of Plainfield desires to establish such an area as hereinafter described; and NOW, THEREFORE, BE IT ORDAINED, by the Village Board of the Village of Plainfield, Illinois, as follows: (a) Thatrt is in the public innterest that the territory hereinafter described in the Notice referred to in Section Four hereof be established as Special Service Area Number 7 for 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 for residential. purposes and will benefit specially from the municipal services to be provided and that said proposed municipal services are unique and 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 whole that special taxes be levied against said Area for the services to be provided. (d) Therefore, that Village of Plainfield Special. Service Area Number 7 be and is hereby established for and with regard to the aforesaid territory. 54570/1 SECTION TWO: That the purpose of Village of Plainfield Special Service Area Number 7 is to provide special municipal improvements to said Area which include the maintenance, repair and replacement of certain entry monuments, landscaped easements and storrnwater 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¢ per $100) of equalized assessed valuation thereof. This tax shall be levied for 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 by law 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 $10,000.00 annually for the cost for said services. However, the Village may annually levy hereunder up to the maximum rate specified herein for the cost for the said services, as said services become necessary and are provided far. SECTION THREE: That a public hearing has been held on the 18 day of November, 2002, at 7:00 p.m., in the Village Board Room of the Village Hall, 530 W. Lockport, Plainfield, Illinois, with regard to the establishment of Village of Plainfield Special Service Area Number 7 for 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 31 day of October, 2002, being not less than fifteen (15) days prior to the public hearing, in a newspaper in general circulation in the Village of Plainfield. In addition, notice by mailing was 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 preceding year were paid on each lot, block, tract, or parcel of land lying within proposed Special Service Area Number 7. Said notice was mailed on or before the 1 day of November, 2002, being not less than ten (10) days prior to the public hearing. In the event taxes far 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. ~-. That this ordinance shall be in fu1.1 force and effect, and shall be controlling, upon its passage and approval. That all ordinances or parts of ordinances thereof in conflict therewith are hereby repealed to the extent of any such conflict. 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 1$th day of November, 2002. AYES 4 NAYS 0 NOT VOTING? APPROVED AND SIGNED by the Mayor of the Village of Plainfield, Illinois on this l8th day of November, 2002. ~~ WATTEST: ,_- _.. - Vil~~ge Clergy. ~ MAYO THIS DOCUMENT PREPARED BY: Edward J. Welch Dommermuth, Brestal, Cobine & West, Ltd. 1.1.1 West Downer Place, Suite 300 Aurora, Illinois 60506 5457Dl1 AFTER RECORDING: PLEASE RETURN TO: VILLAGE CLERK'S OFFICE 530 W. Lockport Plainfield, IL 60544 `~ LOTS 101~I7~., ALL IN FARMSTONE RIDGE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. P.LN. 01-~35-LQO-003 EXHIBIT A SSA 7 (FARMSTONE RIDGE iTNIT II) LEGAL DESCRIPTION sas7on S /~ LOCATION MAP NOT TO SCALE ~ F NOT TO SCALE GROUP EXHIBIT A-I SSA 7 (FARMSTONE RIDGE UNIT II) LOCATION MAP 54570/1 EXHIBIT B NOTICE OF HEARING VILLAGE OF PLAINFIELD SPECIAL SERVICE AREA NUMBER 7 (FARMSTONE RIDGE UNIT II) NOTICE IS HEREBY GIVEN that on the 18th day of November, 2002, at 7:00 p.m., in the Village Board Room. of the Village Hall, 530 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 following described territory: SEE ATTACHED EXHIBIT "A" The approximate location. is the 71 residential units an approximately 51.29 acres east of Naperville/Plainfield Road and south of 127th Street in the Village of Plainfield, Will County, Illinois. An accurate map of said territory is an file in the Office of the Village Clerk and available for public inspection, and is attached hereto as Group Exhibit "A-1". A11 interested persons affected by the formation of Special Service Area Number 7 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 7 in general is to provide for the maintenance, repair anal replacement of certain entry monuments, landscaped. easements 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 nvt to exceed an annual rate of twenty one-hundredths percent (.20%, being 20G per $100) of the equalized assessed value of the property in the proposed Special. Service Area Number 7, said tax to be levied for an indefinite period of time from ar~d 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 $1.0,000.00 annually 54570/1 r 1 /" i'ti 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 may be 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 fifty-one percent (S 1 %) of the electors residing within the proposed Special Service Area Number 7 and by at least fifty--one percent (51 %) 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 far the provision of special services to the Area, no such Area may be established or enlarged, or tax levied or imposed. Dated this 21st day of October, 2002. SIGNED BY: Village Clerk sas~on ~- The undersigned comprising all of the owners of record of the real estate encompassed by the Area which is the subject of a proposed Special Service Area No. 7, as said Area is described in the Notice of said hearing scheduled to be held before the Village Board of the Village of Plainfield on the 18th day of November, 2002, hereby waive any and all right to object to the establishment of the Area, the enlargement thereof, or the levy or imposition of any tax for the purchase of any special service to said Area. Dated: ~, , 2002 r-- OWNERS: THE MACOM CORPORATION B -~.~~~,..,t.,.-. Y SUBSCRIBED AND SWORN TO before me this ! ~~ day of ~~IUU~vy~~~~ 2002. Notary u lic ,....,-pP~ICir'~~. .i~~L . , . p~BECCA ~.. P05TON NOTARY PUB41C, STATE OP ICI-INO1S MY COMMISSICIN E.XPIRE~ 717.1005 5457p/t 5 ,... d.. Edward J. Welch, after first being sworn under oath, states and deposes that he caused a copy of the Notice of Hearing for Special Service Area No. 7, attached hereto, to be duly sent by mail, proper postage prepaid on ~ ;. 3 ~ 2002, to the legal title holders of record for the property described in said Notice to wit: THE MACOM CORPORATION 25033 W. 91st Street Naperville, Illinois 60564 Dated this ~ day of 0~ , 2002. Edward J. We ch SUBSCRIBED AN~SWORN TO ~~~CIAL $E,qL befo e this ~_ day of , 2002. LAURA CUGGESHALL NDTAg1~ SIC, gTATE OF 1LI.H~g18 ~ ~ Ex~iE8:0~/pap4 54570!1 /v VILLAGE OF PLAINFIELD RESOLUTION NO. 13 51 DATE OF PASSAGE: October 21, 2002 A RESOLUTION PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA NUMBER 7 (FARMSTONE RIDGE UNIT II) (WILL COUNTY) IN THE VILLAGE OF PLAINFIELD AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES 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 20D/27-5 et seq) and the Property Tax Code (35 ILCS 200/1-1 et seq); and WHEREAS, it is in the public interest that the territory described in the Notice set forth in paragraph 2 hereof be established as a Special Service Area for the purposes set forth herein, an accurate map of said territory being attached hereto as Group Exhibit "A-1 "; and WHEREAS, said Area is compact and contiguous and constitutes a principal residential area of the Village; and WHEREAS, said Area is zoned far residential purposes and will benefit specially from the municipal services to be provided which include the maintenance, repair and replacement of certain entry monuments, landscaped easements and stormwater retention areas, 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 in addition to municipal services provided to the Village of Plainfield as a whole, and it is, therefore, in the best interests of said Area and the Village of Plainfield as a whole, that the levy of special taxes against said Area far the services to be provided be considered. NOW, THEREFORE, BE IT RESOLVED, by the Village Board of the Village of Plainfield, Illinois, as follows: 1. That a public hearing shall be held on the 18th day of November, 2002, at 7:00 p.m. in the Village Board Room ofi the Village Hall, 530 W. Lockport, Plainfield, Illinois, to consider the creation of Special Service Area Number 7 of the Village of Plainfield, in the territory described in the Notice set forth in Paragraph 2 hereof. At the hearing, there will be considered the levy of an annual tax not to exceed an annual .rate of twenty one-hundredths percent (.20%, being 20¢ per $400) of the equalized .assessed .value of the property in said Area, said tax to be levied far an P a ge~-#a-we~£ ~~ r~~ ~° ~~ ~l .f' ~~~ ~ ~h ~ ~ 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 $10,000.00 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. 2. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in a newspaper in general circulation in the Village of Plainfield. In addition, notice by mailing shall be given by ,depositing said Notice in the U.S. 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 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 an the tax rolls prior to that year as the owner of said property. The Notice shall be substantially the following form: NOTICE OF HEARING VILLAGE OF PLAINFIELD SPECIAL SERVICE AREA NUMBER 7 (FARMSTONE RIDGE UNIT II) NOTICE IS HEREBY GIVEN that on the 18th day of November, 2002, at 7:00 p.m., in the Village Board Room of the Village Hall, 530 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 following described territory: SEE ATTACHED EXHIBIT "A" The approximate location is the 71 residential units on approximately 51.29 acres east of Naperville/Plainfield Road and south ofi 127th Street in the Village of Plainfield, Will County, Illinois. 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 7 will be given an opportunity to be heard regarding the formation of the boundaries of the Area and may abject to the formation of the Area and the levy of taxes affecting said Area. P age"#~-a#~6 `~-. . i k ~.' .... f,. The purpose of the formation of Special Service Area Number 7 in general is to provide for the maintenance, repair and replacement of certain entry monuments, landscaped easements 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¢ per $100) of the equalized assessed value of the property in the proposed Special Service Area Number 7, 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 $10,000.00 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 may be 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 fifty-one percent (51 %) of the electors residing within the proposed Special Service Area Number 7 and by at least fifty-one percent (51 %) 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 may be established or enlarged, or tax levied or imposed. Dated this 21st day of October, 2002. SIGNED BY: /s/ Village Clerk Pag~#mm/3-of 6 PASSED AND APPROVED this 21st day of October, 2DD2. AYES a NAYS ,,, n NOT VOTING 2 F Mayor ATTEST: ~, ~~ i ge ler TRUSTEES: Collins Thomson Swalwell O' Connell .___ Prepared by: Edward J. Welch Dommermuth, Brestal, Cobine &~ West, Ltd. 123 Water Street Naperville, IL 60566-0565 Pa~f-6~.. ~~ LOTS 101-171, ALL IN FARMSTONE RIDGE, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. P.I.N. 01-35-10Q-003 EXHIBIT A SSA 7 (FARMSTgNE RIDGE UNIT II) LEGAL DESCRIPTION P ae~f /~ ~(' %~~ PROJECT ~ ~ SITE n .~ E „~ L~ C~'~ .1. x _„~ d 1 W f[GU-G LOCATION MAP NOT TO SCALE NOT TO SCALE GROUP EXHIBIT A-]. SSA 7 (FARMSTONE RIDGE UNIT II) LOCATION MAP sas~a i /~