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HomeMy Public PortalAboutResolution 1399VILLAGE OF PLAINFIELD RESOLUTION NO. 1 ~ a a DATE OF PAS SAGE: g, 2 0 0 4 A RESOLUTION PROPOSING THE ESTA LISHMENT OF A SPECIAL SERVICE AREA NUMBER 23 (STREAMS, UNITS 2 & 3) (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 1.970, and the Special Service Area Tax Law (3S ILCS 200/27-5 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 for 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, common areas 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: That a public hearing shall be held on the 16th day of February 2004, at 7:00 p.m. in the Village Board Room of the Village Hall., 24000 W. Lockport, Plainfield, Illinois, to consider the creation of Special Service Area Number 23 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 cents per $100) of the equalized assessed value of the property in said Area, 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 $30,822.00 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 ance 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 persan last listed on 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 23 (STREAMS, UNITS 2 & 3) NOTICE IS HEREBY GIVEN that on the 16th day of February, 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 following described territory: SEE ATTACHED EXHIBIT "A" The approximate location of the 231 single-family homes on approximately 11 d acres, south of Fraser Road and west of Route 59. 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 23 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 23 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 cents per $100) of the equalized assessed value of the property in the proposed Special Service Area Number 23, 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 $30,822.00 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 23 and by at least fifth-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, then enlargement thereof, ar 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 1 g .day of January 2004. SIGNED BY: VILLAGE CLERK: S an Janik PASSED AND APPROVED THIS 19 day of January___ , 2004. AYES ~_ NAYS _Q____ NOT VOTING 1 Ma r ATTEST: TRUSTEES: STEPHEN THOMSON JTM WALDORF PAUL FAY MIKE COLLINS KATHY O'CONNE,LL LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIpIAN, LYING EAST OF THE EAST LINE OF THE PARCEL OF LAND DEDICATED FOR ROAD PURP05ES ACCORDING TD THE INSTRUMENT RECORDED MAY 19, 1894 A5 DOCUMENT N0. 178463; EXGEPT ANY PART THEREOF LYING WITHIN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER; AND ALSO EXCEPTING ANY PART THEREOF LYING WITHIN THE PARCELS OF LAND CONVEYED TO COMMONWEALTH EDISON COMPANY ACCORDING TO THE WARRANTY DEEDS RECORDED AS DOCUMENT NO.'S, 857620 AND .920068, ALL IN WILL COUNTY, ILLINOIS. (CONTAINING 63.301 ~ .ACRES) THAT PART OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 36 NORTH, RANGE 9 EAST pF TWE THIRD PRINCIPAL MERIDIAN EXCEPT THE WEST 495. FEET (3p ROpS) OF THE ,NORTH 639.375 FEET (38.75 RODS) OF SAID SOUTHEAST 1/4; AL50 EXCEPT THE EAST 921 FEET OF SAID 50UTHEAST 1/4; AL50 EXCEPT THE 50UTH 275 FEET pF SAIp SOUTHEAST 1/4; ALSO ', EXCEPT THAT PART CONVEYED TD THE VILLAGE OF PLAINFIELD BY WARRANTY PEED RECDRpEp AS DOCUMENT R200D-34844); AL50 EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE 50UTHEA5T 1/4 DF SAID SECTION 21; THENCE ON AN ASSUMEp BEARING, NORTH 88 DEGREES 47 MINUTES 29 SECONDS WEST, ALONG THE NORTH LINE OF SAID 50UTHEAST 1/4 A D15TANCE OF 920.94 FEET TD TWE NORTHERLY EXTENSION OF THE WEST LINE OF LICHTENWALTER SUBDIVISION UNIT N0. 2, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1985 AS DOCUMENT R85-17937; THENCE 50UTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG SAIp NORTHERLY EXTENSION, A DISTANCE OF 1455.18 FEET FOR THE POINT OF BEGINNING; THENGE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE EXTENSION OF THE LAST DESCRIBEp COURSE, 905.00 FEET TO THE NORTH ~ LINE OF A TRACT OF LANp CONVEYED TO THE COMMONWEALTH EDI50N COMPANY 8Y DOCUMENT N0. 857620; THENCE NORTH 88 DEGREES p9 MINUTES 17 SECONDS WEST, ALONG SAID NORTH ~' LINE, 1727.72 FEET TO THE EAST LINE OF A TRACT OF LAND CONVEYED TO THE COMMONWEALTH EDISON COMPANY PER pOCUMENT N0. 920068; THENCE NORTH 0 DEGREES 00 ~ MINUTES 58 SECONDS EAST ALONG SAIp EAST LINE, 905.00 FEET; THENCE SOUTW 88 DEGREES 09 MINUTES 15 SECONDS EAST, 1727.39 FEET TO THE POINT OF BEGINNING; ALL ', IN THE VILLAGE OF PLAINFIELD, WILL COUNTY,. ILLIN015.