HomeMy WebLinkAboutOrd 4596 10/05/1993 ORDINANCE NO. 4596
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A
SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT AND PROVIDING
FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 5th day of October , 1993
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
5th day of October , 1993.
ORDINANCE NO. 4596
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A
SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT
PROSPECT AND PROVIDING FOR A PUBLIC HEARING AND
OTHER PROCEDURES IN CONNECTION THEREWITH
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: Authority to Establish Sveeial Service Areas.
The President and Board of Trustees of the Village of Mount Prospect take notice of its authority
to establish a special service area pursuant to Article VII, Section 6, paragraph 1, of the Constitution
of the State of Illinois in force July 1, 1971, which provides:
" The General 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 counties 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 further 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
municipalities and counties as set forth in Section 235 of Chapter 35 of the Illinois Compiled
Statutes, and pursuant to the Revenue Act of 1939, as amended.
SECTION TWO: Findings.
The Village of Mount Prospect finds as follows:
A. It is in the best interest of the public that the creation of the area hereinafter described
as a special service area for the purposes set forth herein be considered.
B. Said area is a contiguous area within the Village of Mount Prospect.
C. Said area will benefit specially from the municipal services to be provided, which
proposed municipal services are unique and are in addition to municipal services
provided by the Village of Mount Prospect as a whole, and it is therefore, in the best
interests of the Village of Mount Prospect that the levy of special taxes against said area
for the special services so provided be considered.
SECTION THREE: Public Hearin~ - Tax Rates
A public bear'mg shall be held on Tuesday, October 5, 1993 at 7:30 p.m. in the Senior Citizen
Center, located at 50 South Emerson SWeet, Mount Prospect, Illinois, to consider the creation of
Special Service Area No. 7 of the Village of Mount Prospect, in the territory described in the
attached Exhibit "A" which is hereby made a part of this Ordinance by reference.
At the hearing, there will be considered the levy of an annual tax not to exceed an annual rate of
1.0% of the assessed value, as equalized, of the property in the Special Service Area, said tax to be
levied for a maximum of 20 years from 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 Revenue Act
of 1939, as amended.
SECTION FOUR: Notice of Hearing.
Notice of Hearing shall be published at least once not less than fifteen (15) days prior to the public
hearing in the Mount Prospect - Prospect Heights Dally Herald, a newspaper in general circulation
within the Village of Mount Prospect. In addition, notice by mailing shall be 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 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 on the Tax Rolls prior to that year as the owner of said
property. The Notice shall be in substantially the following form:
" NOTICE OF HEARING
VILLAGE OF MOUNT PROSPECT SPECIAL SERVICE AREA NO. 7
NOTICE IS HEREBY GIVEN that on Tuesday, the 5th day of October, 1993, at 7:30 p.m. at the
Senior Center, 50 South Emerson Street, Mount Prospect, Illinois, a hearing will be held by the
President and Board of Trustees of the Village of Mount Prospect to consider forming a Special
Service Area consisting of the territou described as follows:
That part of Sections 14, 15, 22 and 23, Township 41 North, Range 11, East of the
third principal meridian, described as follows: beginning at the Southwest corner of the
East 1/2 of the Northeast 1/4 of said Section 22; thence Northerly along the West line
of the East 1/2 of the Northeast 1/4 of said Section 22, being also the West line of the
Commonwealth Edison Company right Of way, to the North line of said Section 22,
being also the South line of Section 15; thence continuing Northerly along the West line
of the East 1/2 of the Southeast 1/4 of said Section 15, being also the West line of the
Commonwealth Edison Company right of way, to an intersection with the Northerly line
of Algonquin Road; thence Northwesterly along said Northerly line of Algonquin Road
to an intersection with a line 229.10 feet East of and parallel with the West line of lot
2 in Edward Busse's Division, being a Subdivision according to the plat thereof recorded
December 17, 1919 as Document No. 6696216, said 229.10 feet being measured along
a line parallel with the North line of said lot 2; thence Northerly along said last
described parailel line to an intersection with a line 703.70 feet South of and parallel
with the North line of lot 2 in Edward Busse's Division, aforesaid; thence Easterly along
said last described parallel line to an intersection with a line 692.53 feet East of and
parallel with the West line of lot 2 in Edward Busse's Division, aforesaid, said 692.53
feet being measured along a line parallel with the North line of said lot 2; thence
Northerly along said last described parallel line to an intersection with the South line of
Elk Ridge Villa Unit No. 6, being a Subdivision according to the plat thereof registered
April 19, 1965 as Document No. LR2204321; thence Easterly along said last described
South line to an intersection with the West line of Busse Road; thence Southerly along
said West line of Busse Road to an intersection with the Westerly extension of the
Southerly line of Cottonwood Lane; thence Easterly and Northeasterly along the
Southerly line of Cottonwood Lane and along said Southerly line extended, to the West
line of Church Road, also known as Linneman Road; thence Southerly along said West
line of Church Road to an intersection with the Northerly line of the Commonwealth
Edison Company right of way; thence Northeasterly along the Northerly line of the
Commonwealth Edison Company right of way to the East line of the West 1/2 of the
Southeast 1/4 of said Section 14; thence Southerly along the East line of the West 1/2
of the Southeast 1/4 of said Section 14 to an intersection with the Southerly line of the
Commonwealth Edison Company right of way; thence Northeasterly along the Southerly
line of the Commonwealth Edison Company right of way to the West line of Kenroy's
Elmhurst-Dempster Subdivision, according to the plat thereof recorded May 16, 1973
as Document No. 22327173 and Certificate of Correction recorded November 9, 1989
as Document No. 89536360; thence Southerly along the Westerly line of said Kenroy's
Elmhurst-Dempster Subdivision and along said Westerly line extended Southerly to the
South line of Dempster Street; thence Easterly along said South line of Dempster Street
to the East line of Hawthornes Subdivision, according to the plat thereof recorded
November 20, 1975 as Document No. 23300430; thence Southerly along the East line
of said Hawthornes Subdivision to the South line thereof; thence Westerly along the
South line of said Hawthornes Subdivision to the West line thereof; thence Northerly
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along the West line of said Hawthornes Subdivision to the South line of Dempster Street;
thence Westerly along said South line of Dempster Street to the East line of the West 1/2
of the Northeast 1/4 of said Section 23; thence Southerly along the East line of the West
1/2 of the Northeast 1/4 of said Section 23 to an intersection with the South line of lot
2 in Linneman's Division, being a Subdivision according to the plat thereof recorded
September 10, 1953 as Document No. 15716544; thence Westerly along the South line
of lot 2 in said Linneman's Division to an intersection with a line 522.00 feet West of
and parallel with the East line of the West 1/2 of the Northeast 1/4 of said Section 23;
thence Northerly along said last described parallel line and along said parallel line
extended Northerly to the North line of Dempster Street; thence Westerly along said
North line of Dempster Street and along said North line extended Westerly to the West
line of Linneman Road, also known as Church Road; thence Northerly along said West
line of Linneman Road to an intersection with the Southerly line of the Commonwealth
Edison right of way; thence Southwesterly along the Southerly line of the
Commonwealth Edison Company right of way to the East line of Elk Ridge Villa Unit
No. 2, being a Subdivision according to the plat thereof registered June 29, 1962 as
Document No. LR2041560; thence Southerly along said last described East line to an
intersection with the North line of Dempster Street; thence Westerly along said North
line of Dempster Street and along said North line extended Westerly to the Easterly line
of Busse Road; thence Northerly along the Easterly line of Busse Road to an intersection
with the Southerly line of the Commonwealth Edison Company right of way; thence
Southwesterly along the Southerly line of the Commonwealth Edison Company right of
way to an intersection with a line 210 feet East of and parallel with the West line of the
East 1/2 of the Southeast 1/4 of said Section 15, said last described point of intersection
being an angle point in said Southerly line of the Commonwealth Edison Company right
of way; thence Southerly along said last described parallel line, being also the East line
of the Commonwealth Edison Company right of way, to the South line of the East 1/2
of the Southeast 1/4 of said Section 15; thence continuing Southerly along the East line
of the Commonwealth Edison Company right of way, being a line 210 feet East of and
parallel with the West line of the East 1/2 of the Northeast 1/4 of said Section 22, to the
North line of P.B.A. Subdivision, according to the plat thereof recorded December 12,
1973 as Document No. 22569774; thence Easterly along the North line of said P.B.A.
Subdivision to the Westerly line of Busse Road; thence Southerly along the Westerly line
of Busse Road to the South line of Richmond Subdivision, according to the plat thereof
recorded June 24, 1977 as Document No. 23984749; thence Westerly along the South
line of said Richmond Subdivision to the West line thereof, being also the East line of
the Commonwealth Edison Company right of way; thence Northerly along the West line
of said Richmond Subdivision to the North line thereof, being also the North line of the
East 1/2 of the Southeast 1/4 of said Section 22; thence Westerly along the North line
of the East 1/2 of the Southeast 1/4 of said Section 22 to the point of beginning, in Cook
County, Illinois.
The approximate street locations are listed below:
1799, 1960-2030, and 2070-2100 W. Algonquin Road; 1850-1852 Anna Marie Drive;
1474-1498 Brownstone Court; 1400-1510, 1501-1505, and 1910 South Busse Road;
1701-1751 Chariot Court; 415-417, 420, 501-571,500-684, and 1550 West Dempster
Street; 1701-1715 Dennis Drive; 1700-1729 West Forest Cove; 301-365 Hawthorne
Circle; 1850-1851 Hazelhill Drive; 500-572 Ida Court; 1503-1504 and 1551 Linneman
Road; 1701-1725 Mansard Lane; 1850-1852 Morrishill Drive; 1840-1856 Phillip Drive;
600-685 Pickwick Court; 1503-1559 Redwood Drive; 1700-1736 West Sable Lane;
1701-1715 Victoria Drive and that portion of property commonly known as the
Commonwealth Edison Right-of-Way from 1799 West Algonquin Road to Interstate 90
Tollway.
An accurate map of said territory is on file in the office of the Village Clerk and available for public
inspection.
All interested persons, including all persons owning taxable real property located within Special
Service Area Number 7, will be given an opportunity to be heard regarding the formation of and the
boundaries of the special service area and may object to the formation of the area and the levy of
taxes affecting said area.
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he purpose of the formation of Mount Prospect Special Service Area Number 7 is generally to
provide special municipal services to the area, including, but not limited to, municipal services in
connection with police protection, refuse disposal, housing code compliance and such other special
services that may benefit the special service area from time to time.
A special tax will be considered at the public hearing to be levied for a period not to exceed twenty
(20) years and not to exceed an amount of one percent (1.0%) per annum of assessed value, as
equalized, to be levied against the real property included in the special service area.
At the hearing, all interested persons affected by the formation of such special service area, including
all persons owning taxable real estate therein, will be given an opportunity to be heard. The hearing
may be adjourned by the Board without further notice 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 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 special service
area is filed with the municipal clerk within 60 days following the final adjournment of the public
hearing objecting to the creation of the special service district, or to the levy or imposition of a tax
for the provision of special services to the area, no such district may be created and no such tax may
be levied or imposed.
Dated this 16th day of September, 1993
Carol Fields, Village Clerk"
SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in accordance with law.
AYES: Corcoran, Hoefert, Skowron, Wilks, Farley
NAYS: C1 owes, Hend ri cks
ABSENT: None
PASSED and APPROVED this 5th day of October, 1993.
AT'I'EST: ~.~-%' Get--aid L. Faii6y, Presidefit /~
Carol A. Fields, Village Clerk
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