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HomeMy WebLinkAboutOrd 2876 02/20/1979 , ' -. ,,"U'~' ,:;.:..,'.n~'~'..:':~'::'~;' ,;, ,..,' . .- ,'~:~,.;,::..,;:.J'.I.. 'X,i;' .,,;;, ; ORDINANCE NO. 28'16 AN ORDINANCE PROPOSING ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH' VHEREAS) special servjcf: areas may be established pUr"SU3:!1t to Article VII) Section 6L of the Constitution of the State of Illinois which provides as follows: IT The Gen&ral Assembly may not deny or limit the power of home rule units (1) to make local improvements by special assessment and to exercise this power jointly with other counth~s and municipalities" and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government or (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 YIIEREAS) special service areas may be established pursuant to an Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non-home rule units and counties and pursuant to the Revenue Act of 1939; and ''VHERE~\.S) the President and Board of Trustees of the Village of Mount Prospect elieve this Ordinance to be in the best interests of the citizenry of the Village of 1'.1ount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE OI<' THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY) ILLINOIS: SECTION ONE~' That it is in the public interest that the creation of the area herein- after deseribed asa special service area for the purposes set forth herein be con- sidered . ;3ECTION TWO: _ That said area is compact and contiguous and constitutes the entire area served by Prospect Meadows Water Company certificated. by the Illinois Commerce Commission. SECTION THREE: That said area is classified in the Zoning Ordinance of the Vil- lage of Mount Prospect for single family residential purposes as well as commercial purposes--which area will benefit from the municipality! s acquisition of the existin Prospect Meadows Water Company system as well as the municipalityTs construction of substantial additions to that system--which acquisition and construction is uniqu . e,nd j,n addition to former municipal services provided by the Village of l\Tount Pros- I pect to its citizenr}' as a whole--and is, therefore, in the best interests of the entir I Village of Mount Prospect that the levy of special taxes against the aforesaid area . . for the aforesaid services proposed to be provided be considered. SECTION FOUR: 'That the public hearing shall be held on March 20) 197'9, during the regular meeting of the President and Board of Trustees of the Village of Mount 'Prospect in the Boardroom of the Public Safety Building,. 112 East NorthwE:st High- way) Mount Prospect, to consider the creation of Special Service Area Number 1 of the Village of Mount Prospect, in the territory described in the notice SHt forth dn SECTION FIVE of this Ordinance. At the hearing, there shall be considered a Il1ev"'J of .an annual ta~ of not ~to exceed an annu~'l :;:at.e of $2.00 per $:100. 00 ~f asseSSf~ , evaluatIOn) as equalIzed, or property located m the pt'oposed specIal serVIce area" " aid taxes shall be in addition to all other taxes provided by law and shall be vied pursuant to the provisions of the Revenue Act of 1939. E~TION FIVE: Notice of the public hearing described in SECTION FOUR of this rdinance shall be published at least once not less than fifteen (15) days prior to e public hearing in The Daily Herald, a newspaper of general Circulation in lE: Village of Mount Prospect _ In addition, notice by mailing shall be ghren by epositing a copy of said notice in the U.S. mails addressed to the person or per- ons whose name the general taxes for the last preceding year were paid on each t) block, tract or parcel of land lying within the proposed Special Service Area. ,aid notice shall be mailed not less than ten (10) days prior to the time set for ublic hearing. In the event taxes for the last preceding year were not paid, otice shall be sent to the person last listed on the tax rolls prior t.o that year as e owner o{said property. The Notice shall be in substantially the follO\ving form: ... . " NOTICE OF HEARING VILLAGE OF MOUNT PROSPECT 'SERVICE AREA NUMBER 1 NOTICE IS HEREBY GIVEN that on March 20, 1979, at 8: 00 p.m. , in the Board Room of the Public Safety Building, 112 East Northwest Highway, Mount Prospect, Illinois, a hearing will be held by th~ corporate authorities of the Village of Mount Prospect to consider forming a special service area consisting of the following described territory: ." . . -...' . '. . All that part of the West 1/2 of the Southwest 1/4 of Section27, Township 42 North, Range 11 East of the Third Principal Meridian described as follows: Com- mencing at a point on the West line of the Southwest , 1/4 of Section 27 aforesaid which is 50.0 feet North of , . the Southwest corner thereof; thence North on the West line of the Southwest 1/4 of Section 27 aforesaid to a point which is 250.0 feet south. of the Northwest corner of the Southwest 1/4 of Section 27 aforesaid; thence East parallel with the North line of the Southwest 1/4 of Sec- tion 27 aforesaid. 436.78 feet; thence Northeasterly at ,right angles to the cepter line of Rand Road 134.77 feet to the Northeasterly line of Rand Road and the South... , westerly line of Lot 7 in Arlington Meadows being a subdivision of that part of the West 1/2 of the Southwest 1/4 lYing Northeasterly of the center line of Rand Road . in Section 27, Township 42 North, Range 11 East of the Third Principal Meridian; thence South Easterly along the Northeasterly line of Rand Road and the Southeasterly line of Lot 7 in Arlington Meadows aforesaid to the North- westerly corner of Lot 9 in Arlington Meadows aforesaid; thence Southwesterly at right angles to the Northeasterly line of Rand Road, a distance of 50 feet to the center line of Rand Road, thence Southeasterly along the center line of Rand Road to it's intersection with the extension to the. Northeast of the Southeasterly line of Lot 5 in Block 3 in Prospect lVIeadows, a subdivision of the West 1/2 of the Southwest 1/4 of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian; thence Squthwesterly , along the aforesaid extension and the Southeasterly line of Lot 5 in Block 3 aforesaid to the Southeasterly corner of Lot 5 in Block 3 aforesaid; thence Southeasterly along the Northeasterly line of Lots 16 and 15 in Block 3 aforesaid to the Southeasterly corner of Lot 15 in Block3 aforesaid; -2- ... thence Southeasterly to a point 011 the Northwesterly line of Lot 14 in Block 3 aforesaid which is 48.0 feet Southwesterly of the Northeast corner of Lot 14 afore- said; thence Southeasterly to a point on the South- I easterly line of Lot 14 in Block 3 aforesaid which is ' 11.0 feet Southwesterly of the Southeast corner of Lot 14 in Block 3 aforesaid; thence Northeasterly along the Southwesterly line of Lot 14 in Block 3 aforesaid 11.0 feet to the Southeast corner of Lot 14 in Block 3 afore':" said; thence South along the East line of Lots 13 and 12 and along the line which measures 12.0 feet in length North and South of Lot 10 all in Block 3 afore- said to the ,Northerly . line of Lot 10 in Block 3 afore- said being the Easterly portion of Lot 10 which measures ,36.0 feet in length in an East and West direction; thence ,East along the Northerly line of Lot 10 in Block 3 afore- said, 36.0 feet to the East line of Lot 10 in Block 3 afore- . said, thence South along the East line of Lot 10 in Block 3 aforesaid to the Southeast corner of Lot 10 in Block 3 . aforesaid; thence East along the South line of Lot 9 in Block 3 aforesaid to the Southeast corner hi Block 3 aforesaid; thence East ~long the South line of Lot 9 in Block 3 afore'said to the Southeast corner of Lot 9 in Block 3 aforesaid; thence East 33. feet to a point on the East line of the West 1/2 of the South West 1/4 of Section 27 aforesaid, which is 278.24 feet South of the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 27 aforesaid; thence South along the East line of the West 1/2 of the Southwest 1/4 of Section 27 aforesaid to a point 50.0 feet North of the Southeast corner of the West 1/2 of the Southwest 1/4 of Section 27 aforesaid; thence West along a line which is 50.0 feet North of and parallel to the South line of the West 1/2 of the Southwest 1/4 of Section 27 aforesaid to the point of beginning, all in Cook County, Illinois. The approximate street location is the area within the corporate limits of the Village of Mount Prospect bounded by Forest Avenue on the West, Rand Road on the North, Elmhurst Street (and Elm- hurst Street extended to Rand Road) on the East, and Kensington Road on the South, as shown on the attached map. . -, . . .' All interested persons affect by the formation of proposed Village of Mount Prospect Service Area Number 1 will be given an op- portunity to be heard regarding the formation of and the boundaries of the special service area herein proposed and may object to the formation of the area and the levy of taxes affecting said area. The purpose of the formation of the Village of Mount Prospect Special Service Area Number 1, in general, is to upgrade the water system and fire flow capabilities by acquisition of the private utility system presently owned by Prospect Meadows Water Company and construc- tion of additional water mains, appurtenances) and other improve- ments in the above described area--all of which area is presently served by the said Prospect Meadows Water Company certificated by the Illinois Commerce Commission. . -3- ; .~:.-/:.:..,' . , i, ....' -; ~~-'--:-~""-.;'--~---'-., - " . . <... ~~ ;. ... .. .- i, . . "1 .' . '. _ . _ . ,'A. special tax will be COl1side'rednt the public hearing not to exceed an annual rate of $2.00 per $100.00 of assessed evaluation t as . . .. equalized, to be levied against the property included in the special , , service area. At the hearing t all persons. affected will be given an opportunity to be heard. The hearing may be adjourned by the corporate authori- ties of the Village of Mount Prospect without further notice to another d,ate by motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. . ' ..... ~.' In the event that a"petition signed by at l~ast 51% of the. electors. residing within the special service area and by at least 51% of the owners of record of the land included within the boundaries of the proposed special service area is filed with the Village Clerk within siXty (60) days following the' final adjournment of the public hearing objecting to .the creation of the special service district or the levy or ... " iinposition of the tax proposed, the district may not be created and . . . the tax may not be levied or imposed as proposed.. , . -' . Dated this day of. 1979. ' Donald W. Goodman Village Clerk , , " :ASSED this 20th . !' PPROVE~ this . . ECTION SIX: That this Ordinance shall be in full force and effect from and tel' its passage, approval, and publication in the manner provided by law. 5 o SENT: 1 day of ... February.. ;1979. 20th day of .. .... Febr~ary .. 1979.. . ,.;.'t' "j'':':':','''' ".:,;""">"l . -"- . , " .... . " '. _: : "'~ . . ~. " .\ .....<fi~5#~\~;~;,J~:~~~;~.r~:,~~.iGT.:.. \;. .'.., .. .. , "".,. ,. .V1l1age pr~t, ... ,P -."",. .., . ,." ."..- ~ -. :~,,,.~'~~':<~ - ";':.'"~'!>'~'-~:.' ". ,.,:- ":":~~":.'-~': ~;.:';~'~~-~~~\:~,',:<~-~'" '" "':.; ,:,.~ " :!:~ ,~' -;'. , .'....' ".:(. '.:~.(~.".;:~~>..., .' ';;~"~"~':,- :,,',~':': ........ .,-~,..".' '.:., .,.,' TTEST: ~"" ..."..2.' ,"'."...,..,. - . ,.' , . . ..,;J, , ., ... ..., A ~-Jf-(},,& tV '" -{:ro~-:o-~ illage Clerk ;.',' . ." ; , '. "."- -.': , '.:. .'...., ".' > ...,; , ~. : .