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HomeMy WebLinkAboutOrd 3284 11/30/1982 ORDINANCE NO. 3284 AN ORDINANCE ESTABLISHING THE VILLAGE OF MOUNT PROSPECT SPECIAL SERVICE AREA NO2 5 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 30th DAY OF November , 1982. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 1st day of December , 1982. ORDINANCE NO. 3284 AN ORDINANCE ESTABLISHING THE VILLAGE OF MOUNT PROSPECT SPECIAL SERVICE AREA NO. 5 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: This Board finds as follows: (A) That on or before September, 1982, this Board did determine to participate with other municipalities in the construction and installation of water dis- tribution mains and pumping stations necessary in order to transport and provide Lake Michigan water to this Village and ~o the other municipal partici- pants. (B) That such improvement will bring Lake Michigan water to the Mount Prospect water system which is presently serving, and will continue to benefit approximately two-thirds of the area of the Village. (c) The cost of such water improvements together with debt service costs and interest necessary to finance the payment of such improvements over a term of years shall be paid by the property owners receiving the benefit of such zmprovements. (D) That for the purpose of providing the necessary fund- ing of the Village's cost of such improvement through the issuance of general obligation bonds not exceeding $1,900,000 and the levy of a tax to pay the principal and interest upon said Bonds when due and payable, ~ogether with the levy of an additional direct tax to pay the remaining portion of the cost of said im- provement not covered by general obligation bonds, this Board did, at its regular scheduled meeting of September 7, 1982, adopt Ordinance No. 3253 entitled "An Ordinance Proposing the Establishment of a S~ecial Service Area in the Village of Mount Prospect, Illinoi~ and Providing for a Public Hearing and Other Procedures in Connection Therewith," under the provisions of which a special hearing was called %o be held before this Board on September 29, 1982, pursuant to the publica- tion of notice thereof at least fifteen (15) days to such hearing, in the Mount Prospect Herald, a news- paper published in the Village of ~ount Prospect; said notice being published on September 11, 1982, and furtb pursuant to the mailing of notice addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot and tract or parcel of land lying within the proposed special service area; which notice was mailed not less than ten (10) days prior to the date of said hearing, on September 14, 1982. Pertinent Certificate of Publica- tion and Affidavit of Mailing Notice are attached to this Ordinance and are made a part hereof by reference. Said notices conformed in all respects to the statutory requirements pertaining thereto. (E) On September 29, 1982, a public hearing was held on the question of establishing a special service area, F) as set forth in the notices, and all interested persons were given an opportunity to be heard on the question of the establishlnent of the special service area, the formation of and the boundaries of such special service area, the issuance of such general obligation bonds, and the levy of ~axes to pay the prmncipal and interest thereof and the levy of an annual tax in addition there- to. The hearin~ was h~ld in the Theater of Prospect High School, 801 West Kensington Road, Mount Prospect, Illinois, with the President and the six (6) Trustees of the Village Board in attendance. The hearing com- men~ed at approximately 8:00 p.m. and was adjourned following numerous questions and answers at 11:30 p.m., on September 29, 1982. At said hearing the President and Board of Trustees of this Village did consider all data, comments and information presented at the hearing and did determine to proceed with the establishment of the special ser- vice area, to be designated as "Mount Prospect Special Service Area No. 5," as hereinafter described, for the purpose of providing the necessary funds to accomplish the improvements furnished within said special service area as hereinafter described in this Ordinance. (G) Said area is a contiguous area within the village of Mount Prospect and will benefit specially from the munmclpal services to be provided, which services are unique and are in addition to municipal services provided by the Village of Mount Prospect as a whole. (H) That it is in the best interests of the Village of Mount Prospect that said special service area be established and that there be a levy of a special tax against such area for funding the cost of furnishing the special servmces hereinafter set forth and de- scribed in this Ordinance; which services are extended for the common i~ter~st of such area. (I) That during a period of sixty (60) days following the final adjournmeht of the public hearing on Septem- ber 29, 1982 no petition signed by at least fifty-one percent (51%) of the electors residing within the special servmce area and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the special service area was filed with {he Village Clerk objecting to the creation of the~specigl service area, or to the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area, or to a proposed increase an the nax rate. SECTION TWO: A Special Service Area designated as "Village of Mount Prospect Special Service Area No. 5" is hereby established pursuant to the provisions of Ahticle VII, Section 6, of the Constitution of the State of Illinois, and further pursuant to "An Act to provide the manner of levying or imposing taxes for The provision of special services within the boundaries of home rule units and non-home rule municipalities and counties" as set forth in Sections 1301 through 1311 of Chapter 120 of the Illinois Revised Statutes, 1981. The -2- illage of Mount Prospect Special Service Area No. 5, as established hereby, shall consist of the territory described in the attached Rider, which is hereby made a part of this Ordinance by reference. An accurate map of said area is attached hereto and also made a part of this Ordinance by reference. SECTION THREE: The purpose of the formation of the Mount Prospect Special Service Area No. 5, in general, is to pro- vide special municipal services to the Area including, but not limited to, municipal services consisting of the construc- tion and installation of the necessary water distribution mains and pumping stations to provide Lake Michigan water to the Area. SECTION FOUR: For the purpose'of paying a portion of the cost of said special services, there shall be issued by this Village general obligation bonds in an amount not to exceed One Million Nine Hundred Thousand and 00/100 Dollars ($1,900,000) at an interest rate not to exceed twelve percent (12%) per annum and to mature within a period of not to exceed ten (10) years from the date of issuance° Said bonds shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity; said tax to be levied upon all taxable property within the Special Service Area based upon assessed values as established pursuant to the Revenue Act of 1939; which tax levied on property in the Special Service Area shall be in addition to all other Village taxes so levied. The re- maining portion of the cost of said special services is to be paid from a special tax in a~dition to the tax to retire the general obligation bonds, to be levied annually for a period of not to exceed thirty-five (35) years and not to exceed an annual rate of 1.29 percent of the value of the taxable property included in the Special Service Area, as determined for property tax purposes pursuant to the pro- visions of the Revenue Ac% of 1939; which special tax shall also be in addition to all other Village taxes so levied. SECTION FIVE: This ordinance shall be in full force and ef- fect upon its passage, approval, and publication in pamphlet form in accordance with law. PASSED AND APPROVED this 30th day of November AYES: Farley, Floros, Wattenberg, Krause NAYS: Arthur ABSENT: Murauskis , 1982. ATTEST: Village Clerk vi 1~1 age President