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O-30-09 04-13-2009/" ,. VILLAGC OF LEMONY ORDINANCE O- ~~ -09 AN ORDINANCE ESTABLISHING VILLAGE OF LEMONY SPECIAL SERVICE AREA NO.1 PASSED BY THE PRESIDENT ANI) BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY This 13"' day of April, 2009 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, ~Nill, and DuPage, Illinois this 13"' day of April, 2009. ORDINANCE NO. 0-~-09 AN ORDINANCE ESTABLISHING VILLAGE OF LEMONT SPECIAL SERVICE AREA NO. 1 BE IT ORDAINED by tl~e President and Board of Trustees of the Village of Lemont, Cook, DuPage and Will Counties, lllinois, as follows: Section l: Authority to Establish Special Set-vice Areas. That Special Service Area No. 1 is established pursuant to the provisions of Article VII, Section 7 of the Illinois Constitution of 1970, and pursuant to the provisions of the Special Service Area Tax Law. 35 ILCS 200/27-5, et seq. Section 2: Findings. The President and Board of Trustees, after hearing. considering. and determining all protests and objections, finds as follows: (a) that on January 12, 2009 the President and Board of Trustees passed Ordinance No. 0-03-09 providing for a public hearing to be held on February 2, 2009 concerning the establishment of the proposed special service area: (b) that said public hearing was held pursuant to a notice duly published on January 16. 2009, in the GateHouse Media Steburbart Newspapers, a newspaper of general circulation in the Village of Lemont ("Le-nont"), at least fifteen (IS) days prior to the hearing and pursuant to notice by 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 special service. area. Said notice, a copy of which is attached as Exhibit A, was given by depositing said notice in the United States mails 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 was sent to the person last listed on the tax rolls prior to that year as the owner of said property. The notices conformed in all respects to the requirements of the Special Service Area Tax Law; (c) that at the public Bearing all interested persons were given an opportunity to be heard on the question of the creation of the special service area, and on the issuance of general obligation bonds in an amount not to exceed $1,535,000 paying for the construction of a sanitary sewer system and water system (the "Project"),asset forth in the notice. All questions that were raised by the public at the hearing regarding the formation of the special service area. the special municipal services. -the issuance of general obligation bonds, and the Project were answered and no one requested that the Board of Trustees not proceed immediately; (d) that it is in the public interest and in the interest of the property described in Section 3 that the special service area, as hereinafter described. be established; (e) that tl~e special service area is compact, contiguous and located in Lemont; (f) that it is in the best interests of the special service a-•ea that the furnishing of the special municipal services proposed and the Project be considered for the common interests therein; (g) that the proposed municipal services are unique and in addition to the municipal services generally provided to Lemont as a whole: and (h) that no 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 was filed with the Village Clerk within 60 days following the final adjournment of the public hearing objecting to the creation of the special service district, the enlargement thereof, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area. Section 3: Village of Lemont Special Service Area No. 1 Established. A special service area to be known and designated as "Village of Lemont Special Service Area No. 1" is hereby established and shall consist of the territory described on Exhibit B and depicted on Exhibit C. Section 4: Purpose of Area. Village of Lemont Special Service Area No. 1 is established to provide special municipal services consisting of the Project. General obligation bonds in an <-mount not to exceed $1,535,000 payable over not more than 20 years at an interest rate not to exceed the greater of 9% per• annum or 125% of the rate for the most recent date shown in the 20 G.O. Bond Index of the average municipal bond yields as published in the most recent edition of The Bond Buyer may be issued for the purpose of paying for the Project and incidental costs thereto. Section 5: Effective Date. This ordinance shall be in full force and effect from and after its passage and approval as provided by law. This ordinance was passed and deposited in the office of the Village Clerk of the Village of Lemont this 13a' day of April. 2009. CHARLENE SMOLLEN. Village Clerk APPROVED by me this 13`h day of April, 2009. EXHIBIT A NOTICE OI? PUBLIC HEARING VILLAGE OF LEMONY SPECIAL SERVICE AREA NO. l Notice is hereby given that on Monday. February 2, 2009, at 4:00 p.m. in the Boardroom of the Village Hall, 418 Main Street, Lemont, Illinois, a hearing will be held to consider forming a special service arca consisting of the following described territory located within the Village: THAT PART OF THE SOUTHEAST 1/4 OF SECTION I4 AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14 AND THE WEST LINE OF LOT 1 IN CHARLES E. BOYER'S SUBDNISION, BEING A SUBDIVISION IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 1 I EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LIVE OF THE SOUTHEAST l/4 OF SAID SECTION 14 TO THE EAST LINE OF THE WEST l/2 OF THE SOUTHEAST 1/4 OF SAID SECTION l4, SAID LINE ALSO BEING THE WEST LINE OF COIvEMONWEALTH EDISON'S RIGHT OF WAY; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF TFIE SOUTHEAST 1/4 OF THE SOUTHEAST I/4 OF SAID SECTION 14; THENCE EAST ALONG THE LAST DESCRIDED LINE TO A LINE 600.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF DOOLIN & KIRK'S RESUBDIVISION OF THE EAST 404.70 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST I/4 AND OF THE SOUTHEAST 1/4 OF THE SOUTHEAST I/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11, EXCEPT LOTS 1, 2, 3. 4 AND S OF CHRISTIAN BOE'S SUBDIVISION OF CERTAIN PARTS THEREOF RECORDED AUGUST 30, 1889 PER DOCUMENT N0. 1149383.. SAID EAST LINE OF DOOLIN & KIRK'S RESUBDNISEON ALSO BEING THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH ALONG SAID LINE BEING 600.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE OF DOOLIN & KIRK'S RESUBDIVISION TO A POINT IN A LINE BEING 436.00 FL•ET NORTH OF THE SOUTH L]NE, AS MEASURED ALONG THE EAST LINE, OF LOT 2 IN SAID DOOLIN R KIRK'S RESUBDNISION; THENCE EAST ALONG THE LAST DESCRIBED LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 2, TO THE EAST LINE OF LOT 2 IN SAID DOOLIN & KIRK'S RESUBDNISION; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTHWEST CORNER OF LOT 5 IN SAID DOOLIN & KIRK'S RESUBDNISION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 5 TO A LINE 33.00 FEET WEST OF THE EAST LINE OF SAID LOT 5, BEING ALSO THE NEST LINE OF BELL ROAD/OLD ARCHER AVENUE; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF CHICAGO- JOLIET ROAD; THENCE WEST ALONG THE LAST DESCRIBED LINE TO TI'S INTERSECTION WITH THE NORTHERLY EXTENSION OF A LINE 101.94 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF LOT 5 IN CHRISTIAN BOE'S SUBDIVISION IN THE SOUTHEAST PART OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 28, 1872 PER DOCUMENT NO. ~26f2; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF BELL ROAD/OLD ARCHER AVENUE; "t'HENCE SOUTH ALONG THE LAST DESCRIBED LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF OLD ARCHER AVENUE AS 1'I' RUNS IN A SOUTHWESTERLY AND NORTHEASTERLY Dl12ECT10N; THENCE SOUTI-IV+'ESTERLY ALONG TI-IE LAST DESCRIBED LINE TO A LENE 150.0() FEET EAST OF AND PARALLEL WITH, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF THE EAST I/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; TI-IENCE NORTH ALONG 1'HL LAST DESCRIBED LINE TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SEC'CION 14; THENCE NORTH ALONG A LINE 150.00 FEET EAST OF -AND PARALLEL WITH, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF THE EAST 1!2 OF THE SOUTHEAST 1/4 OF SAID SECTION 14 TO THE NORTH LINE OF CHICAGO-JOLIET ROAD AS WIDENED; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE EAST LINE OF NORTHERN ILLINOIS GAS COMPANY'S PROPERTY AS PER DOCUMENT NUMBER 18785599 RECORDED MAY 2, 196; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF SAID NORTHERN ILLINOIS GAS COMPANY'S PROPERTY; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF LOT 2 IN SAID DOOLIN & KIRK'S RESUBDIVISION ALSO BEING THE EAST LINE OF LOT G IN SAID CHARLES E. BOYER'S SUBDIVISION; THENCE SOUTH AND WEST ALONG THE NORTH LINE OF SAID NORTHERN ILLINOIS GAS COMPANY'S PROPERTY TO THE WEST LINE OF LOT 6 IN SAID CHARLES E. BOYER'S SUBDIVISION; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE SOUTH LINE OF THE NORTHWEST I/4 OF THE SOUTHEAST l/4 OF SAID SECTION 14; THENCE EAST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF LOT 1 IN SAID CHARLES E. BOYER'S SUBDMSION ALSO BEING THE- WEST LINE OF THE EAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE POINT OF BEGINNING, EXCEPTWG THEREFROM THAT PART OF LOT 4 IN SAID CHRISTIAN BOE'S SUBDIVISION LYING SOUTH OF THE SOUTH LINE OF CHICAGO JOLIET ROAD AS WIDENED. ALL IN COOK COUNTY, ILLINOIS. P.I.N. 22-14-400-0 l 8. -021, -024, -026, -030, -031, and -032 22-14-400-034 through -039 22- 14-401-009, -014, -023, -024. -027. and -028 22-14-402-003 and-013 22-23-203-003, -004. -008 and -011 commonly described as an area located west of Illinois Route 83 and Archer Bell Avenue. north of Archer Avenue and south of the Canadian National Railroad right-of-way. The special services to be provided will be the new construction of a sanitary sewer system and a water main system. All interested persons affected will be given an opportunity to be heard and object to the formation of the special service area and the issuance of bonds. The issuance of bonds in an amount not to exceed $1,535,000-payable over not more than 20 years and bearing interest at a rate not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bond Index of the average municipal bond yields as published in the most recent edition of The Bond Buyer will also be considered at the public hearing. At the hearing, ali persons affected will be given an opportunity to be heard. The hearing may be adjourned 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 proposed 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 Cle-•k within 60 days following the final adjournment of ilie public hearing objecting to the creation of the special service area or tl~e issuance of bonds for the provision of special services to the special service area, no such special service area may be created or no such bonds may be issued. EXHIBIT B VILLAGE OF LEI\~IONT SPECIAL SERVICE AREA NO. 1 THAT PART OF THE SOUTHEAST l/4 OF SECTION 14 AND THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 37 NORTH. RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LIIv'E OF THE SOUTHEAST 114 OF SAID SECTION 14 AND THE WEST LINE OF LOT I IN CHARLES E. BOYER'S SUBDNISION, BEING A SUBDMSION IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE I1 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG Tf-IE NORTH LINE OF THE SOUTHEAST l/4 OF SAID SECTION 141'0 THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST I/4 OF SAID SECTION 14, SAID LINE ALSO BEING THE WEST LINE OF COMMONWEALTH EDISON'S RIGHT OF WAY; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST I/4 OF SAID SECTION 14; THENCE EAST ALONG THE LAST DESCRIBED LINE TO A LINE 600.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF DOOLIN & KIRK'S RESUBDIVISION OF THE EAST 404.70 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST I/4 AND OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11, EXCEPT LOTS I, 2, 3, 4 AND ~ OF CI•IRIS'fIAN BOE'S SUBDIVISION OF CERTAIN PARTS THEREOF RECORDED AUGUS'[' 30, 1889 PER DOCUMENT N0. 1149383, SAID EAST LINE OF DOOLIN & KIRK'S RESUBDNISION ALSO BEING THE EAST LINE OF THE SOUTHEAST 1!4 OF SAID SECTION 14; THENCE SOUTH ALONG SAID LINE BEING 600.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE OF DOOLIN & KIRK'S RESUBDIV(SION TO A POINT IN A LINE BEING 436.00 FEET NORTH OF THE SOUTH LINE, AS MEASURED ALONG THE EAST LINE, OF LOT 2 1N SAID DOOLIN & KIRK'S RESUBDNISION; THENCE EAST ALONG THE LAST DESCRIBED LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 2, TO THE EAST LINE OF LOT 2 IN SAID DOOLIN & KIRK'S RESUBDIVISION; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTHWEST CORNER OF LOT 5 IN SAID DOOLIN & KIRKS RESUBDNISION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT S TO A LINE 33.00 FEET WEST OF THE EAST LINE OF SAID LOT 5, BEING ALSO THE WEST LINE OF BELL ROAD/OLD ARCHER AVENUE; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LII~rE OF CHICAGO- JOLIET ROAD; THENCE WEST ALONG THE LAST DESCRIBED LINE TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF A LINE ]01.94 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF LOT 5 IN CHRISTIAN BOE'S SUBDNISION [N THE SOUTHEAST PART OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 1 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 28, 1872 PER DOCUMENT NO. 52612; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF THE EAST 112 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF BELL ROADIOLD ARCHER AVENUE; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO TTS INTERSECTION WITH THE NORTHERLY LINE OF OLD ARCHER AVENUE AS IT RUNS IN A SOUTHWESTERLY AND NORTHEASTERLY DIRECTION; THENCE SOUTHWESTERLY ALONG THE LAST DESCRIBED LINE TO A L[NE 150.00 FEET EAST OF AND PARALLEL WITH. AS MEASURED PERPENDICULAR TO, THE WEST LINE OF THE EAST I/2 OF THE NORTHEAST I/4 OF SAID SECTION 23; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE SOUTH LINT: OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH ALONG A LINE 150.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST I/4 OF SAID SECTION 14 TO THE NORTH LINE OF CHICAGO-JOLIET ROAD AS WIDENED; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE EAST LINE OF NORTHERN II.,LINOIS GAS COMPANY'S PROPERTY AS PER DOCUMIIdT NUMBER 18785599 RECORDED MAY 2, 1963; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF SAID NORTHERN ILLINOIS GAS COMPANY'S PROPERTY; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF LOT 21N SAID DOOLIN & KIRK'S RESUBDIVISION ALSO BEING THE EAST LINE OF LOT 6 IN SAID CHARLES E. BOYER'S SUBDIVISION; THENCE SOUTH AND WEST ALONG THE NORTH LINE OF SAID NORTHERN ILLINOIS GAS COMPANY'S PROPERTY TO THE WEST LINE OF LOT 6 IN SAID CHARLES E. BOYER'S SUBDIVISION; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE SOUTH LINE OF THE NORTHWEST i/4 OF THE SOUTHEAST I/4 OF SAID SECTION l4; THENCE EAST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF LOT I IN SAID CHARLES E. $OYER'S SUBDIVISION ALSO BEING THE WEST LINE OF THE EAST t/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF LOT 4 IN SAID CHRISTIAN BOE'S SUBDIVISION LYING SOUTH OF THE SOUTH LINE OF CHICAGO JOLLET ROAD AS WIDENED. ALL IN COOK COUNTY, ILLINOIS. P.I.N, 22-14-400-018, -021, -024, -026. -030, -03 ] ,and -032 22-14-400-034 through -039 22-14-401-009, -014, -023, -024, -027, and -028 22-14-402-003 and -013 22-23-203-003, -004, -008 and -011 EXHIBIT C ~ ~3 z' S ; `~7 x ~' $5 `~ O O .~ ~ ~° t~ t `~ m ~ ~~y ~ R ~r~'/~~ -1 r I ~ ~~ i ~'•' i I ~~ r m -y1 ITI 1 -( O 1 I y u-IS ~.oo--me ` Y Se b . i I ~~ l~`J 1 ~__.... i ~.. ~,;.~.. ... r 5 ~ frTl ~ ~ ii.l.-,~~ ~u_~ao-w~ y R` ~ • __ 1 1 i:-,a_,IO~Oxt ii-Is-100-Oxb V~ Vl i> ~ . ~ couMON wTM ~ [olsa+,::.,.-.a,-ol md+r-ov-war __~ _ m ~ r :\ _.~~ < A r . .\ zz-i~'-mi-wi xx-I.-.m-oi' -- 1 ~. 'b ~....-~ :: -' n _ _ 1 Z ~ ~ ~ u-zriw-ow E 1 ~ • ii-,a; wt-oxe ~ • r,~! ~~ ~ I 1 ~ ~ '/, m ~ ~ ..~ LI„IJ m .- ~ ~~;. a-~'ymi , ~u_/ ,~~ / '-~ IE .. -~, f N ~L ~ :i i1 ~~ I ,i~1 mz ~.. 2 0 1~~ .~= };YI C.,.O~B8 ~ ~ NNNNNNNNNN NNNNN NNNNNNNNN NN NNNNNN NNNNNNN NN 1 1 1 1 1= I 1 1 1 1 1 1 1 1 I I 1 1 ~ 1 1 1 '~~ p ; PP . NNNN~ ~~ ~ - .i.awii rii ~.i.. I j y a I I 1 1 1 1 1 1 1 1 1 I T I .n1 ~• ~ 1 1 1 1 occcoooSScoo§~§~•§•~8.8.. p 8 ' t~t~4N~1~ p 8 8 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1~ 1 1 t 1 1 p ~QS8 ~prOiNNN~ yy O{01 {O~yOOO1O~OO OO_ ~ p =1n ~i i.; :flM1l ` 6 (~4MOV.4a fp OO VP N>N 4OPi NO m.. ~j O y O ~ t"'r r ~~ 1 ~.~.~I rO^~ l+, V1 tl z 0 z CERTIFICATE I, the undersigned, DO HEREBY CERTIFY that I am the duly qualified and acting Village Clerk of the Village of Lemont, and as such I am the keeper of the records and files and am custodian of the seal. I DO FURTHER CERTIFY that the foregoing is a complete, true, and correct copy of Ordinance No. O- -09 entitled: Ali ®RI)INAllTCE ESTA~I,ISHII®TG VIL,I.,AGE ®F I,E1VIOl~tT SPECIAL. SERVICE AREA 1rT®. 1 and was duly passed by not less than a majority vote of the members of the President and Board of Trustees at its regular meeting held on April 13, 2009, approved by the President on said date, and now in full force and effect. IN WITNESS WHEREOF, I have hereunto affixed my official seal, signature and the corporate seal this 13~' day of April, 2009. Village Clerk ( CORPORATE ) ( SEAL ) VILLAGE OF LEM®NT SSA NO. 1 (15 YEAR) (1VIAIN STREET SANITARY SEWER AND WATER 16'IAIN EXTENSION) 2008 ASSESSED VALUATIONS NAME AND ADDRESS PERMANENT 2008 ASSESSED BASE ASSESSED OF TAXPAYER INDEX NUMBER VALUATION VALUATION Benczik Family Ltd Pt _ 22-14-400-018 256,051 $13,826 19425 Baron Road 13087 Main St _ Mokena, lI, 60448-9291 Peter Burdi 22-14-400-021 32,400 $1,750 431 South Dearborn, #203 13001 Main St Chicago, IL 60605-1121 Benczik FLP 22-14-400-024 21,148 $1,142 19425 Baron Road 13083 Main St Mokena, IL 60448-9291 Peter Burdi 22-14-400-026 59,895 $3,234 431 South Dearborn, #203 13021 Main St Chicago, IL, 60605-1121 Crown Castle GT Co LLC 22-14-400-030 11,816 $638 40',17 Washington PMB353 13075 Main St McMurray, PA 15317-2520 SBC Tower Holdings LLC 22-14-400-031 28,369 $1,532 One SBC Center Rm 36MI 13089 Main St St Louis, MO 63101-3004 Spectrasite 22-14-400-032 9,401 $508 P O Box 723597 13075 Main St Atlanta, .GA 31139-0597 Properly Tax Dept 22-14-400-034 4,121 $223 P O Box 12913 13073 Main St Shawnee Miss, KS 26572-2913 United States Cellular 22-14-400-035 1,476 $80 P O Box 31369 13091 Main Street Chicago, IL 60631-0369 Global Tower Assets 22-14-400-036 19,534 $1,055 1801 Clint Moore #215 13093 Main St Boca Raton, FL 33487-2752 4/3/2009 VILLAGE ®F LEM®NT SSA N®. 1 (15 YEAR) (MAIN STREET SANITARY SEWER A1~1D WATER 1VIAIN EXTENSI®N) 2008 ASSESSED VALiJATI®NS NAME AND ADDRESS PERMANENT 2008 ASSESSED BASE ASSESSED OF TAXPAYER INDEX NUMBER VALUATION VALUATION i Benczik FLP 22-14-400-037 45,750 ~ $2,470 19425 Baron Road 13051 Main St Mokena, IL 60448-9291 __ _ Peter Burdi 22-14-400-038 27,806 $1,501 431 South Dearborn, #203 13067 Main St Chicago, IL 60605-1121 Benczik FLP _ 22-14-400-039 12,722 $687 19425 Baron Road 13067 Main St Mokena, IL, 60448-9291 Tim White 22-14-401-009 144,398 $7,797 10970 S Archer Avenue 10990 Archer Ave Lemont, IL 60439-9343 Commonwealth Edison Co 22-14-401-014 14,852 $802 P ,O Box -767 12981 Main St Chicago, IL 60690-0767 Insituform Midwest Inc 22-14-401-023 75,655 $4,085 702 Spirit 40 Park Drive 12897 Main St Chesterfield, MO 63005-1195 Insituform Midwest Inc 22-14-401-024 384,159 $20,744 702 Spirit 40 Park Drive 12897 Main St Chesterfield, MO 63005-1195 Joseph Meno Jr 22-14-401-027 50,273 $2,715 10800 Rt 83 12959 Main St Lemont, IL 60439-4700 Insituform Midwest Inc 22-14-401-028 156,440 $8,448 702 Spirit 40 Park Drive 12935 Main St Chesterfield, MO 63005-1195 Life Capes 22-14-402-003 30,183 $1,630 P O Box 609 12960 Main St Lockport, IL 60441-0609 Life Capes 22-14-402-013 1,588 $86 P O Box 609 12840 Main St Lockport, IL 60441-0609 4/3/2009 SCHEDULE ®F OWNERSHIP AS OF FEBRUARY 2, 2409 PUBLIC HEARING DATE Bencsik Family Limited Partnership 22-14-400-030 22-14-400-031 22-14-400-032 22-14-400-034 22-14-400-035 22-14-400-036 22-14-400-037 22-14-400-039 13087 Main Street LLC 22-14-400-018 22-14-400-024 Commomvealth Edison Company 22-14-401-014 North & South Concrete. Inc. 22-14-401-009 Lemont Business Park, LLC 22-14-400-021 22-14-400-026 22-14-400-038 Standard Bank and Trust Company Trust No. 9635 Dated S/ 14/85 22-14-401-027 Paul R. Marchetti 22-23-203-O1 1 Stefano D. Marchetti, Trustee or Acting Trustee, of the Stefano D. Marchetti Self-Declaration of Trust Dated October 3, 2005 23-14-402-003 23-14-402-013 22-23-203-003 22-23-203-004 22-23-203-008 1. Marich & Sons, Inc. 22-14-401-023 22- l 4-40 l -024 Marich Family Limited Partnership 22-14-400-028 Page 2 of 4 Westlaw 35 ILCS 200/27-55 P Gffective:[Sec Text Amendments] West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness Chapter 35. Revenue (Ret:, &Annos) Property Taxes Act 200. Property Tax Code (Refs &Annos} ~ Title 9.Other Provisions '~ Article 27. Special Service Area Tax Law ~ 200/27-55, Objection petition Page 1 § 27-55. Objection petition. If a petition signed by at least Slgo of the electors residing within [he special service area and by at least S l yin of the owners of record of the land included within the boundaries of the special service area is filed with the municipal clerk or county clerk, as the case may be, within 60 days following the final ad- journment of the public hearing, objecting to the creation of the special service district, the enlargement of the area, 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 in the tax rate, the district shall not be created or enlarged, or the tax shall not be levied or imposed nor the rate increased, or no bonds may be issued. The subject matter of the petition shall not be pro- posed relative to any signatories of the petition within the next 2 years. Each resident of the special service area registered to vote at the tune of the public hearing held with regard to the special service area shall be con- sidered an elector. Each person in whose name legal title to land included within the boundaries of the special sen•ice_ area is held according to the records of the county in which the land is located shall be considered an owner of record. Owners of record shall be determined at the time of the public hearing held with regard to a special service area. Land owned in the name of a land trust, corporation, estate or partnership shall be -con- sidered to have a single owner of record. CREDIT(S) P.A. 88-455. Art. 27, ~ 27-55, eff. Jan. 1, 1994. HISTORICAL AND STATUTORY NOTES Prior Laws: P.A. 78-901, § 9. P.A, 80-996, § 1. P.A. 82-640, § 1. I11.Rev.Stat.i991, ch. 120, 91 1309. 35 ILCS 235/9 (1992). ©2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. hops://web2.westlaw.con~/print/pri ntstream.aspx?rs= WL W9.03 &destination=atp&prft=HT... 4!6/2009 VILLAGE OF LEIVIONT SSA NO, 1 (15 YEAR) (1VIAIN STREET SANITARY SEWER AND WATER lO~IAIN EXTENSION) 2005 ASSESSED VALUATIONS __ NAME AND ADDRESS PERMANENT 2008 ASSESSED BASE ASSESSED OF TAXPAYER INDEX NUMBER VALUATION VALUATION Life Capes 22-23-203-003 308,789 $16,674 P O Box 609. 11250 Archer Ave _ Lockport, IL 60441-0609 Life Capes 22-23-203-004 2,703 $146 P O Box 609 11250 Archer Ave Lockport, II, 60441-0609 Life Capes 22-23-203-008 2,289 $124 P O Box 609 11250 Archer Ave Lockport, IL 60441-0609 Paul R Marchetti 22-23-203-011 57,477 $3,104 11194 Bell Road _ 11194 Bell Road Lemont, IL 60439-8718 Village of Lemont $35,000 TOTAL ASSESSED VALUATION 1,759,295 130,001 4/3/2009 PiJBLIC HEARING SPECIAL SERVICE AREA #1 February 2, 2009 - 4:00 p.m. Present; John & Sandra Bencsik, Specco Industries, 13089 Main Street Ed Krzyminski, Montefiori, 11250 Archer Avenue Tom Burbank, 12897 Main Street Kevin Duckworth, Representing Insituform Midwest, 12879 Main Street James Cainkar, Novotny & Associates, Consulting Engineer Louis Cainkar, Consulting Attorney John Antonopoulos, Village Attorney Gary Holmes, Village Administrator George Schafer, Assistant Village Administrator Ben Wehmeier, Assistant Village Administrator James Brown, Community Development Director Ed Buettner, Building Commissioner Mark LaChappell, Code Enforcement OfCcer The public hearing. was declared open at 4:00 p.m. on February 2, 2009 in the Board Room of the Village Hall, 418 Main Street, Lemont, by V incent Cainkar. Mr. Cainkar stated that the notice of public hearing was duly published and provided to all parties included in the proposed Special Service Area #1. Mr. Cainkar presented an exhibit, a map with the final configuration of the proposed Special Service Area, and stated that the ComEd parcel had been annexed providing the necessary contiguity. Mr. Cainkar stated that the purpose of the public hearing is to provide information and solicit input from the public. The project involves construction of sanitary sewer and water main which would be financed by special service area bonds in the amount of $1,535,000. James Cainkar, Consulting Engineer provided the details ofthe construction which would include a 12"water main laid from Maley Road to the ComEd Right of Way. Sewer main would be fed to the Lift Station on the Workman property, and a sewer stub would be provided to the Specco property. Gravity sewer through the Com Ed right of way would provide service to Montefiori and the Meno property. All properties in the Special Service Area would have sewer available. The Cook County Forest Preserve District would pickup the water and sewer from the ComEd Right of Way and bring it across Rt. 83 to Camp Sagawau. ~ The County has already received a notice to proceed and has contracted with Patnik Construction for that portion of the work. The Village project was bid in the fall. Bisping Construction has locked their $1,100,000 bid through April. The cost would have to be adjusted for additional labor expenses, adding about $35,000. The Engineering Agreement, legal and bond reserve costs would still keep the project under the specified minimum amount. The timeline for the project would be to award the bid at the end of April, begin construction about the 3rd week in May and complete the project in September. The Forest Preserve District would hook on in October. Both projects would be concurrent. Kevin Duckworth, attorney representing Insituform Midwest, Inc. 12897 Main Street, entered a formal written objection into the record on behalf of Insituform stating that the burden in taxes and bonds is too great for a project that would provide no realistic benefit to the company. John Bencsik of Specco Industries stated that he is the primary property owner in the special service area with 10 parcels. 6 sites, representing about 12 acres, are leased to cell tower providers. In his opinion, the cell tower sites should not be included or measured into the special service area. His assessment in the special service area would be $32,800 per year over I S years, and since he has a reasonably new well and pump system, he would not gain anything from having the sewer & water available. Initially he was in favor of having utilities available, but at the cost of almost half a million dollars, he has reversed his position. He fu~~ther stated that other properties have been allowed to opt out ofthe service area which he considers unfair to those remaining, specifically the 13 %i acres owned by Meno Stone. He has been told by the developer of the junkyard property in the TIF District that they do not expect to pay for the extension of utilities to their site. Mrs. Bencsik questioned whether the Special Service Area would be bearing the cost for all of the TIF area utilities. In closing, Mr. Bencsik stated for the record that he is against the Special Service Assessments. Mrs. Bencsik asked whether they too could be allowed to opt out of the area. The Village Attorney explained the special circumstances that allowed Meno Stone to remove one of its parcels from the special service area. One residential parcel was also allowed to opt out. Vincent Cainkar added that the numbers provided are the worst case scenario assessments. As the bonds are structured, every effort will be made to keep the assessments down. He mentioned the possibility that TIF revenues could be used to buy down the assessments. Mrs. Bencsik asked to receive the fins[ proposal for the assessments for each property owner in the special service area and would like to know when they could receive the figures. Ed Krzyminski asked about the property owners who opted out. If, down the line they decide to take advantage of the utilities, what would they have to pay to tap on. Vincent Cainkar reminded the audience that the TIF District and the Special Service Area are 2 separate things. This public hearing on the Special Service Area starts the 60-day protest period. Property owners in the special service area may file a petition of objection if S 1 % of the property owners agree to object. Records of ownership are available from the Cook County Clerk; tax records do not accurately reflect property ownership. 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(7 +, ~~ '+~, 1_. - ;a~ - ~1;3t=+r"f. -t.,,_y .~- d r;F~ ~tt ~ti. ~. iii t~'t~ a1~1~ t_z~Jj~E ti;jiG~t~~ vt.~<~f.`=,j~'-iF;~ iAr..,. +'.!'3 ~ R d e;,;s r ~i '+"i tyEs:x cl y _ ~`>:i5 Gi ~SSicr ?~ March 28,2009 Village of Lemont 418 Main St. Lemont, Il. 60439 Attn: Village Clerk To all concerned parties: ____ ~.~...--.--~ .~ i--,,1 s \ ..:~ ` i._.__~._.~ __~L7__~~~..: s. This letter is a followup to a formal objection which has or will be shortly filed with the Village on our behalf, as well as others. We aze greatly concerned on the effect that this increase will have on our ability to maintain.the businesses that we started in Lemont over 30 years ago. This levee will place our taxes in the neighborhood of $80-90,000. per. year even without being connected to the sewer/water. The last 2 years with the downturn in the construction market have been devastating to our bottom line by 25-35%.. We have no assurance from the Village that the constant increases from the County of Cook will abate with the formation of the TIF district & indeed have been told by a few landowners on Rte 83 that they will be connecting to the sewer/water at no charge once they annex to the village. This has been denied by the Village-however 4 parcels, 2 of which are along Rte 83 have been dropped from the final SSA proposal. At the original meeting for the SSA, it was stated that the County would be contributing a large portion of funds to this project, but we do not see that on the fmal proposal as presented in February. In light of all the stimulus packages being offered by the federal government, we do not see that Lemont applied for stimulus funds, although this would be the perfect project for it and wonder why that was not done. We were assured over 20 years ago when we entered the village limits that the water & sewer were coming to us, and now when it is fmally proposed we fmd the costs to be exorbitant. We have stated this to you all both in the meetings, and in other meetings we .have had with you from time tv time, Ours is not the only construction related business located in the SSA so we are sure this is a concern to all. Sincerely, .~ Jo Bencsik Bencsik Family-Partners 13087-13089 Main St. Sandy Bencs k Lemont, Il. 60439 LAW OFFICES LOUIS F. CAINKAR, LTD. 625 WEST 79TH STREET-SUITE 2A ®URBANK, ILLINOIS 60459-1178 LOUIS F. CAINKAR VINCENT CAINKAR MICHAEL G. CAINKAR GARY S. PER~MAN JOSEPH CAINKAR April 7, 2009 Mayor and Board of Trustees Village of Lemont 418 Main Street Lemont, ll 60539 Re: Special Service Are~r No. 1 Dear Mayor and Board Members: 706 / 430.3988 OO:YN TOWN OFFICE: FACSIMILE 708/430.4092 30 NORTN LA SALLE STREET-SUITE 3922 EMAIL VC2111M8f~801.C0lT1 e''~IGAGO. ILLINOIS 60562-33 3 3 3 ~ 2 ~ 2 36.3 X65 The Village of Lemont It~ts received objections to the formation of Special Service Area No. I (the `'SSA") from the Bencsik Family Partners and Insituform Technologies USA, Inc. For the purpose of this letter I have assumed that Bencsik Family Partners is actually Bencsik Family Limited Partnership although legally it is not the spume. Under the provisions of 35 ILCS 200/27-5 (see enclosed) the matter of determining owners of record is- clearly defined. Land owned in the name of a ltuid trust, corporation, estate or partnership is considered to have a single owner of record. It does not make a difference how large or how small ~t parcel is or whether there are multiple parcels owned by the same owner. Although it is not the case with respect to these objections, property owned in the name of a husband and wife would count as two owners whereas the same property owned by a corporation would count as one owner. Attached is a Schedule of Ownership which I have prepared. The. only parcels that are questionable are the J. A'larich & Sons, Inc. parcels and the Marich Family Limited Partnership. parcel. From the public records I believe I have the correct ownership, but the corporation of J. Marich & Sons, Inc. has been dissolved and might have been merged into Insituform Midwest Inc., but that corporation has also been dissolved. It may be that Insituform Technologies USA, Inc. is the survivor and the owner so I have assumed that the objection received from them is also valid. The records of the Recorder of Deeds do not reflect corporate reorganizations. I have assumed that we have two owners who have filed a valid objection petition. By my count there are 10 different owners of property so there certainly is not 5]nc of the_ ownership in objection to the formation of the SSA or the issuance of the bonds for the project. There is no question in my mind that 51 ~7c of the owners of record of the land included within the boundaries of the special service area as determined at the time of the public hearing have. not tiled a proper objection petition. Therefore the Village Board can act on the passage of the ordinruue establishing the T1F District at its next Board meeting. Yours t , G~ Vincent Cainkar VC/les Enc. --®3-®~ E„,,,p,r a I~II~I~lIIYIII~ Doc1i: 0910544040 Fee: $52.00 Eugene •Oene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 04/15/2009 11:14 AM Pg: 1 of 9 CERTIFICATE I, the undersigned, DO HEREBY CERTIFY that I am the duly qualified and acting Village Clerk of the Village of Lemont, and as such I am the keeper of the records and files and am custodian of the seal. I DO FURTHER CERTIFY that the foregoing is a complete, true, and correct copy of Ordinance No. O- ~~ -09 entitled: AN ORDINANCE ESTABLISHING VILLAGE OF LEMONY SPECIAL SERVICE AREA NO.1 and was duly passed by not less than a majority vote of the members of the President and Board of Trustees at its regular meeting held on April 13, 2009, approved by the President an said date, and now in full force and effect. IN WITNESS WHEREOF, I have hereunto affixed my official seal, signature and the corporate seal this 13`h day of April, 2009. Vil age Clerk CORPORATE SEAL