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O-46-08 09-08-2008VILLAGE OF LEMONY ORDINANC - AN ORDINANCE ESTABLISHING VILLAGE OF LEMONY SPECIAL SERVICE AREA NO. 1 ADOPTED BY THE PRESH)ENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY This 8th day.of September , 2008 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 8th day of September , 2008 ORDINANCE NO. O-~-OS AN ORDINANCE ESTABLISHING VILLAGE OF LEMONY SPECIAL SERVICE AREA NO.1 BE TT ORDAINED by the Mayor and Board of Trustees of the Village of Lemont, Cook County, Illinois, as follows: Section 1: Authority to Establish Special Service 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 Mayor and Board of Trustees, after hearing, considering, and determining all protests and objections, finds as follows: (a) that on May 12, 2008 the Mayor and Board of Trustees passed Ordinance No. 0-27-08 providing for a public hearing to be held on June 5, 2008 concerning the establishment of the proposed special service area; (b) that said public hearing was held pursuant to a notice duly published on May 16, 2008, in the GateHouse Media Suburban Newspapers, a newspaper of general circulation in the Village of Lemont ("Lemont"), at least fifteen (15) 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 hearing all interested persons were given an opportunity to be heard on the question of the creation of the special service area, on the issuance of general obligation bonds in an amount not to exceed $1,350,000 paying for the construction of a sanitary sewer system and water system (the "Project") and on the question of an annual tax for the special municipal services, as set 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, the Project and the annual tax 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 said area is compact, contiguous and located in Lemont; (f) that it is in the best interests of the special service area that the furnishing of the special municipal services proposed and the Proj ect be considered for the common interests therein; and (g) that the proposed municipal services are unique and in addition to the municipal services generally provided to Lemont as a whole. (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 ftnal 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. l 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. Annual taxes of unlimited rate maybe levied for special services on property in the Special Service Area No. 1 for a maximum of ,15'years. General obligation bonds in an amount not to exceed $1,350,000 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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COOK, WILL AND DU PAGE, ILLINOIS on this 8th day of September , 2008. AYES Debby Blatzer ~ Peter Coules i/ Clifford Miklos ;/' Brian Reaves v Ronald Stapleton ~ Jeanette Virgilio , / NAYS PASSED ABSENT This ordinance was passed and deposited Lemont this 8"' day of September, 2008. CHARLENE SMOLLEN, Village Clerk of the Village of EXHIBIT A NOTICE OF PUBLIC HEARING VILLAGE OF LEMONY SPECIAL SERVICE AREA NO.1 Notice is hereby given that on Thursday, June 5, 2008, 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 area consisting of the following described territory located within the Village: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE WEST LINE OF LOT 1 IN CHARLES E. BOYER'S SUBDIVISION, BEING A SUBDIVISION IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14 TO THE NORTHEAST CORNER OF MENO'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT #436539088; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID MENO'S SUBDIVISION TO THE SOUTHEAST CORNER OF SAID MENO'S SUBDIVISION ALSO BEING THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE WEST ALONG THE LAST DESCRIBED LINE TO A LINE 600 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF DOOLIN & KIRK'S RESUBDTVISION OF THE EAST 404.7 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11, EXCEPT LOTS 1,2,3,4 & 5 OF CHRISTIAN BOE'S SUBDIVISION OF CERTAIN PARTS THEREOF RECORDED AUGUST 30, 1889 PER DOCUMENT NO. 1149383, SAID EAST LINE OF DOOLIN & KIltK'S RESUBDTVISION ALSO BEING THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO A POINT IN A LINE BEING 436.00 FEET NORTH OF THE SOUTH LINE, AS MEASURED ALONG THE EAST LINE, OF LOT 2 IN SAID DOOLIN & KIRK'S RESUBDTVISION; 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 RESUBDTVISION; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTHWEST CORNER OF LOT 5 IN SAID DOOLIN & KIRK'S RESUBDTVISION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 5 TO A LINE 33.0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 5 ALSO BEING THE WEST LINE OF BELL ROAD; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF CHICAGO-JOLIET ROAD AS WIDENED; THENCE WESTERLY ALONG THE LAST DESCRIBED LINE TO ITS INTERSECTION WITH THE NORTHERLY EXTENTION OF A LINE 101.94 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF LOT 5 IN SAID CHRISTIAN BOE'S SUBDIVISION; 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 A POINT IN A LINE 33.0 FEET WEST OF THE EAST LINE OF OLD ARCHER AVENUE; ALSO BEING A LINE 33.0 FEET WEST OF THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTHWESTERLY LINE OF OLD ARCHER AVENUE AS TT RUNS IN A SOUTHWESTERLY AND NORTHEASTERLY DIRECTION; THENCE SOUTHWESTERLY ALONG THE LAST DESCRIBED LINE TO A LINE 150.00 FEET EAST OF AND PARALLEL WITH AS MEASURED PERPENDICULAR TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF SAID CHICAGO- JOLIET ROAD AS WIDENED; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF THE NORTHERN ILLINOIS GAS COMPANY'S PROPERTY AS PER DOCUMENT NO. 18785599 RECORDED MAY 2, 1963; 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 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 1/4 OF THE SOUTHEAST 1/4 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, ALL IN COOK COUNTY, ILLINOIS. P.I.N. 22-14-400-018, -021, -024, -026, -030, -031, -032, 22-14-400-034 through -039 22-14-401-001, -009, -014, -023, -024, -027, -028, -030 and -031 22-14-402-003, -004 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 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, the levy of taxes affecting said area, and the issuance of bonds. A special tax will be considered at the public hearing to be levied for a period not to exceed 20 years at an unlimited rate, to be levied against the property included in the special service area. The issuance of bonds in an amount not to exceed $1,350,000 payable over not more than 20 years at an interest rate not to exceed 6.5% will also be considered at the public hearing. At the hearing, all 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 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, no such district may be created or enlarged, or tax may be levied or imposed, or no such bonds may be issued. EXHIBIT B VILLAGE OF LEMONY SPECIAL SERVICE AREA NO.1 LEGAL DESCRIPTION THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 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 LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND A LINE 150.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14 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 1/4 AND OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 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 NO. 1149383, SAID EAST LINE OF DOOLIN & KIRK'S RESUBDIVISION ALSO BEING THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO A POINT IN A LINE BEING 436.00 FEET NORTH OF THE SOUTH LINE, AS MEASURED ALONG THE EAST LINE, OF LOT 2 IN SAID DOOLIN & KIRK'S RESUBDIVISION; 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 RESUBDTVISION; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTHWEST CORNER OF LOT 5 IN SAID DOOLIN & KIltK'S RESUBDTVISION; 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 THE WEST LINE OF BELL ROAD/OLD ARCHER AVENUE; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF CHICAGO JOLIET R O A D ; THENCE WEST ALONG THE LAS T DESCRIBED LINE T O ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF A LINE 101.94 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF LOT 5 IN SAID CHRISTIAN BOE'S SUBDIVISION; 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; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO YTS' 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 LINE 150.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE NORTH ALONG THE LAST DESCRIBED TO THE SOUTH LINE 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 1/4 OF SAID SECTION 14 TO THE POINT OF BEGINNING, EXCEPTING THERE FROM 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. THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIltD PRINCIl'AL MERIDIAN BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE WEST LINE OF LOT 1 IN CHARLES E. BOYER'S SUBDIVISION, BEING A SUBDIVISION IN THE WEST 1/2 OF THE SOUTI~AST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14 TO THE EAST LINE OF THE -WEST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 14, SAID LINE ALSO BEING THE WEST LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE NORTH LINE OF THE NORTHERN ILLINOIS GAS COMPANY'S PROPERTY AS PER DOCUMENT NO. 18785599 RECORDED MAY 2, 1963; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE WEST LINE OF LOT 1 IN 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. BOYERS' SUBDIVISION; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE EAST ALONG THE LAST DESCRIBED LINE TO THE WEST LIlVE OF LOT 1 IN SAID CHARLES E. BOYER'S SUBDIVISION 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, ALL IN COOK COUNTY, ILLINOIS. P.I.N. 22-14-400-018, -021, -024, -026, -030, -031, -032, 22-14-400-034 through -039 22-14-401-009, -023, -024, -027, and -028 22-14-402-003 and -013 22-23-203-003, -004, -008 and -011 ~~ 0 e :: n- _. ~ ~ b D ~_~ Z ~ m < ~) m -+ ~ r a D ' m F:'.... ,> i '~ O i;', '~ ~~ ~ o ~. z ~a ~ r L.r.^ y z r i O `-. 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