Title/Name/Summary
AN ORDINANCE ESTABLISHING VILLAGE OF ORLAND PARK SPECIAL SERVICE AREA NUMBER 3
Body
BE IT ORDAINED by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:
SECTION 1: AUTHORITY.
Special Service Area Number 3 is established pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.
SECTION 2: FINDINGS.
The Village Board finds:
A. The question of the establishment of the area hereinafter described as a special service area was considered by the President and Board of Trustees (hereinafter the “Village Board”) of the Village of Orland Park (hereinafter the “Village”) pursuant to an Ordinance entitled: “An Ordinance Proposing the Establishment of Special Service Area Number 3 in the Village of Orland Park and providing for a Public Hearing and Other Procedures in Connection Therewith,” adopted April 15, 2013, and was considered pursuant to a hearing held on June 17, 2013, by the Village Board pursuant to a Newspaper Notice duly published in The Orland Park Prairie, a newspaper published in the Village, at least fifteen (15) days prior to the hearing, and pursuant to Personal 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 Personal Notice by mail was given by depositing said Personal 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 said Personal Notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A Certificate of Publication of said Newspaper Notice and an Affidavit of Mailing of said Personal Notice are attached to this Ordinance as Exhibit 1 and Exhibit 2, respectively, and made part hereof. Said Newspaper Notice and Personal Notice conformed in all respects to the requirements of Section 27-25 of the Special Service Area Tax Law (35 ILCS 200/27-25).
B. That a public hearing on the question set forth in the Newspaper Notice and Personal Notice was held on June 17, 2013. All interested persons were given an opportunity to be heard on the question of the creation of the special service area, and the levy of an annual tax to pay for the proposed Special Services (as defined in Section 4 below), as set forth in the Newspaper Notice and Personal Notice. The public hearing was opened on June 17, 2013, and there was final adjournment thereof on June 17, 2013, as part of the regular Orland Park Village Board meeting on said date.
C. That more than sixty (60) days have passed since the public hearing, and no objections to the establishment of Special Service Area Number 3 have been filed with the Village.
D. That after considering the data, as presented at the public hearing, the Village Board finds that it is in the public interest and in the interest of the Village of Orland Park Special Service Area Number 3 that said special service area, as hereinafter described, be established.
E. Said area is compact and contiguous and exists as a mixed use (residential/commercial) area within the Village.
F. It is in the best interest of said special service area that the furnishing of the municipal services proposed be considered for the common interests of said area.
G. Said area is zoned under the Village Center (VC) zoning classification and will benefit specially from municipal services proposed to be provided. The proposed municipal services are unique and in addition to the municipal services provided to the Village as a whole.
SECTION 3: VILLAGE OF ORLAND PARK SPECIAL SERVICE AREA NUMBER 3 ESTABLISHED.
A special service area to be known and designated as “Village of Orland Park Special Service Area Number 3” (hereinafter “Special Service Area Number 3”) is hereby established and shall consist of the following-described territory:
Parcel 1:
Parcel A:
The South 57 feet of the West 82.50 feet of the East 275 feet (except that part taken for road purposes by dedication or by occupation) of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian in Cook County, Illinois.
Also,
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian being described as follows: beginning at a point 65 feet North of the South line of said Section 4 and 50 feet West of the East line of said Section 4; thence Northerly on a line parallel to the East line of said Section 4 a distance of 127.50 feet to a point; thence Westerly on a line parallel to the South line of said Section 4 a distance of 10.00 feet to a point; thence Southerly on a line parallel to the East line of said Section 4 a distance of 108.50 feet to a point, said point also being 60.00 feet West of the East line of said Section 4; thence Southwesterly on a straight line a distance of 38.35 feet to a point, said point also being 57.00 feet North of the South line of said Section 4; thence Westerly on a line parallel of the South line of said Section 4 a distance of 105.50 feet to a point; thence Southerly on a straight line parallel to the East line of said Section 4 a distance of 7.00 feet to a point; said point also being 50.00 feet North of the South line of said Section 4; thence Easterly on a line parallel to the South line of said Section 4 a distance of 127.50 feet to a point; thence Northeasterly on a straight line a distance of 21.30 feet to the point of beginning; in Cook County, Illinois.
Also,
The North 218.02 feet of the South 410 feet of the East 60 feet (except that part taken for road purposes by dedication or by occupation) of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian in Cook County, Illinois.
Also,
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian being described as follows:
Commencing at the Southeast corner of said Southeast 1/4 of Section 4; thence Northerly along the East line of said Southeast 1/4 of Section 4 a distance of 410.00 feet to the point of beginning; thence Westerly on a line perpendicular to the East line of said Southeast 1/4 a distance of 60.00 feet to a point; thence Northerly on a line parallel to the East line of said Southeast 1/4 a distance of 100.00 feet to a point; thence Easterly on a line perpendicular to the East line of said Southeast 1/4 a distance of 60.00 feet to a point on the East line of said Southeast 1/4 thence Southerly on said East line a distance of 100.00 feet to the point of beginning; except that part taken for road purposes both by dedication or by occupation in Cook County, Illinois.
Parcel B:
Lot 5 in Mann's Industrial Park, being a subdivision of that part of the Southeast 1/2 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
Parcel C:
The North 50 feet of the West 50 feet of the East 200 feet of the following described tract of real estate: that part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, described as follows:
Beginning at the Southeast corner of said Southeast Quarter of said Section 4; thence North along the East line of said Southeast Quarter of Section 4, 510.0 feet; thence West on a line perpendicular to the East line of said Southeast Quarter of said Section 4, 740.82 feet; thence South on a line parallel to the East line of said Southeast Quarter of said Section 4, 515.13 feet to the South line of said Southeast Quarter of said Section 4; thence East along the South line of Southeast Quarter of said Section 4, 740.82 feet to the place of beginning.
Parcel D:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12 East of the Third Principal Meridian, being the premises conveyed by the deed from Norfolk and Western Railway Company (successors to Wabash Railroad Company) to T.H. Davidson and Company, Inc. recorded July 14, 1994 as document no. 94-628592, bounded and described as follows: Beginning at a point that is 1065.82 feet West of the East line and 50.00 feet North of the South line of said Southeast 1/4, said point also being the Southwest corner of the land conveyed by Wabash Railroad Company to I.N.R. Beatty Lumber Company, per Warranty Deed recorded July 7, 1972 as document Number 31929599; thence South 89"32'43" West (assumed bearing) along the North line of 143rd Street, 485.88 feet to a line that is 25.00 feet Southeasterly of, as measured perpendicular to the Centerline of, the Southeasterly most track of said grantor as said track existed on January 4, 1994; thence Northeasterly, along a line that is 25.00 feet Southeasterly of, parallel with and concentric with the centerline of said Track, the following seven courses: North 44"57'24" East 3.12 feet; Northeasterly, along a curved line concave to the Northwest, having a radius of 1196.34 feet, an arc length of 67.20 feet; North 41"44'18" East 223.72 feet; Northeasterly along a curved line, concave to the Southeast, having a radius of 503.18 feet, an arc length of 62.31 feet; North 48"50'01" East 60.64 feet; Northeasterly, along a curved line, concave line, concave to the Northwest, having a radius of 533.73 feet, an arc length of 65.09 feet; and North 41"50'46" East 201.86 feet to a point on a line that bears South 48"09'14" East, said line being perpendicular to the centerline of said Southeasterly most track of said grantor, and bears through the Northwest corner of the aforesaid land conveyed per document Number 31929599, said Northwest corner being 1015.82 feet West of the East line and 483.05 feet North of the South line of said Southeast 1/4 of Section 4; thence South 48"09'14" East, along the last described line, 90.73 feet to said Northwest corner; thence Southerly, along the Westerly line of said land conveyed per document Number 31929599, the following three courses: South 89"32'43" West, parallel with the South line of said Southeast 1/4 of Section 4, a distance of 50.00 feet; South 0"01'19" East, parallel with the East line of said Southeast 1/4 of Section 4, a distance of 200.00 feet (200.06 feet measured) to the point of beginning, all in Cook County, Illinois.
Parcel 2:
Parcel A:
That part of the South East 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, described as follows:
Commencing at a point 50 feet North of the South line of said Section 4 and 269 feet West of the East line of said Section 4; thence North on a line parallel to the East line of said Section 4 for a distance of 461.89 feet; thence West on a line perpendicular to the East line of said Section 4 for a distance of 471.82 feet; thence South on a line parallel to the East line of said Section 4 for a distance of 465.13 feet to a point 50 feet North of the South line of said Section 4; thence East on a line parallel to the South line of said Section 4 for a distance of 471.82 feet to the point of beginning in Cook County, Illinois except that part taken for road purposes, and also except that part deeded to the Village of Orland Park by Warranty Deed dated August 1, 2002 and recorded September 27, 2002 as document number 0021061786, described as follows:
The South 57 feet of the West 82.50 feet of the East 275 feet (except that part taken for road purposes by dedication or by occupation) of the Southeast 1/4 in Section 4, Township 36 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois.
Parcel B:
That part of the Southeast Quarter of Section 4, Township 36 North, Range 12 East of the Third Principal Meridian; bounded and described as follows, to-wit: Beginning at a point on the East line of said Section which is 410 feet North of the Southeast corner of said Section; thence North along the East line of said Section, 100 feet; thence West at right angles to the East line of said Section, 150 feet; thence South parallel to the East line of said Section, 100 feet; thence East 150 feet is the place of beginning, in Cook County, Illinois, excepting therefrom the following parcel:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian being described as follows:
Commencing at the Southeast corner of said Southeast 1/4 of Section 4; thence Northerly along the East line of said Southeast 1/4 of Section 4 a distance of 410.00 feet to the point of beginning; thence Westerly on a line perpendicular to the East line of said Southeast 1/4 a distance of 60.00 feet to a point; thence Northerly on a line parallel to the East line of said Southeast 1/4 a distance of 100.00 feet to a point; thence Easterly on a line perpendicular to the East line of said Southeast 1/4 a distance of 60.00 feet to a point on the East line of said Southeast 1/4 thence Southerly on said East line a distance of 100.00 feet to the point of beginning; except that part taken for road purposes both by dedication or by occupation in Cook County, Illinois.
Parcel C:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, described as follows:
Beginning at a point on the East line of said Section 4, 510 feet North of the Southeast corner thereof; thence West at right angles to the East line of said Section, 740.82 feet, thence South parallel to the East line of said Section, 515.13 feet to the South line of said Section: thence West along the South line of said Section, 25 feet; thence North parallel to the East line of said Section 803.20 feet to the Southeasterly line of the original perpendicular to the East line of said Section 765.82 feet to a point on the East line, of said Section 797.90 feet North of the Southeast corner thereof; thence South along the East line of Section 4, 287.90 feet to the place of beginning, in Cook County, Illinois, excepting therefrom that part taken for road purposes.
Parcel D:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, described as follows:
Commencing at a point 50 feet North of the South line of said Section 4 and 192.50 feet West of the East line of said Section 4; thence West on a line parallel to the South line of said Section 4 for a distance of 76.50 feet; thence North on a line parallel to the East line of said Section 4 for a distance of 461.89 feet; then East on a line drawn at right angles to the East line of said Section at a point 510 feet (measured on the East line of said section) North of the Southeast corner of said Section for a distance of 69 feet; thence South on a line parallel to the East line said Section 4 for a distance of 50 feet; thence East on a line parallel to the South line of said Section 4 for a distance of 50 feet; thence South on a line parallel to the East line of said Section 4 for a distance of 50 feet; thence East on a line parallel to the South line of Section 4 for a distance of 100 feet; thence South on a line parallel to the East line of said Section 4 for a distance of 217.85 feet, thence West on a line parallel to the South line of said Section 4 for a distance of 142.50 feet; thence South on a line parallel to the East line of said Section 4 for a distance of 142.50 feet to the point of beginning, in Cook County, Illinois; excepting therefrom the following two parcels:
The South 57 feet of the West 82.50 feet of the East 275 feet (except that part taken for road purposes by dedication or by occupation) of the Southeast 1/4 in Section 4, Township 36 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois;
Also,
The North 218.02 feet of the South 410 feet of the East 60 (except that part taken for road purposes by dedication or by occupation) of the Southeast 1/4 of Section 4, Township 36 North, Range 12 East of the 3rd Principal Meridian in Cook County, Illinois.
Parcel 3:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12 East of the Third Principal Meridian, described as follows:
Commencing at the intersection of the East line of said Section 4 and the Southeasterly line of the right of way of the Wabash Railroad Company; thence South along the said East line of Section 4 for a distance of 460 feet; thence West on a line perpendicular to said East line of Section 4 to the Southeasterly right of way of the Wabash Railroad Company; thence
Northeasterly along said Southeasterly right of way line to the point of beginning (except that part taken for Kean Avenue, now known as LaGrange Road) in Cook County, Illinois.
Parcel 4:
Lot 4 in Mann's Industrial Park, being a subdivision of that part of the Southeast 1/2 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
Parcel 5:
Lot 3 in Mann's Industrial Park, being a subdivision of that part of the Southeast 1/2 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
Parcel 6:
The East 428.35 feet of Lots 1 and 2 (as measured at right angles to the South line of said Lot 1) in Mann's Industrial Park, being a subdivision of that part of the Southeast 1/2 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
Parcel 7:
Lots 1 and 2, except the East 428.35 feet thereof (as measured at right angles to the South line of said Lot 1) in Mann's Industrial Park, being a Subdivision of part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
Parcel 8:
A Parcel of land in the Southeast 1/4 of Section 4, Township 36 North, Range 12 East of the Third Principal Meridian bounded and described as follows:
Commencing at the Southeast corner of the Southeast 1/4 of Section 4 aforesaid and running thence Westerly along the South line of said Southeast 1/4 of Section 4, a distance of 765.82 feet to a point, thence Northerly along a line parallel to the East line of said Southeast 1/4 of Section 4, a distance of 50.00 feet for a point of beginning, thence continuing Northerly along a prolongation of the last described line for a distance of 753.20 feet, more or less, to a point that is 43.40 feet Southeasterly (by rectangular measurements) of the center line of the Norfolk and Western Railroad Company team track; thence Southwesterly along a curved line convex to the Southeast, parallel to the center line of the aforesaid team track, having a mid-ordinate of 7.60 feet for a distance of 408.50 feet (as measured on the chord of said curve) to a point that is 1015.82 feet West of the East line of 483.05 feet North of the South line of said Southeast 1/4 of Section 4, thence Southerly along a line parallel to the East line of said Southeast 1/4 of Section 4 a distance of 233.00 feet to a point; thence Westerly along a line parallel to the South line of said Southeast 1/4 of Section 4, a distance of 50.00 feet to a point; thence Southerly along a line parallel to the East line of said Southeast 1/4 of Section 4, a distance of 200.00 feet to a point that is 50.00 feet North of the South line of said Southeast 1/4 of Section 4; thence Easterly along a line parallel to the South line of said Southeast 1/4 of Section 4, a distance of 300.00 feet to the point of beginning, all in Cook County, Illinois.
Parcel 9:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian, Cook County, Illinois, described as follows:
Beginning at a point 65 feet North of the South line of said Section 4 and 50 feet West of the East line of said Section 4, thence North on a line parallel to the East line of said Section 4 for a distance of 127.50 feet, thence West on a line parallel to the South line of said Section 4 for a distance of 142.50 feet, thence South on a line parallel to the East line of said Section 4 for a distance of 142.50 feet, thence East on a line parallel to the South line of said Section4 for a distance of 127.50 feet, thence Northeasterly, more or less, 21.21 feet to the place of beginning, in Cook County, Illinois, excepting therefrom the following parcel:
That part of the Southeast 1/4 of Section 4, Township 36 North, Range 12, East of the Third Principal Meridian being described as follows: beginning at a point 65 feet North of the South line of said Section 4 and 50 feet West of the East line of said Section 4; thence Northerly on a line parallel to the East line of said Section 4 a distance of 127.50 feet to a point; thence Westerly on a line parallel to the South line of said Section 4 a distance of 10.00 feet to a point; thence Southerly on a line parallel to the East line of said Section 4 a distance of 108.50 feet to a point, said point also being 60.00 feet West of the East line of said Section 4; thence Southwesterly on a straight line a distance of 38.35 feet to a point, said point also being 57.00 feet North of the South line of said Section 4; thence Westerly on a line parallel of the South line of said Section 4 a distance of 105.50 feet to a point; thence Southerly on a straight line parallel to the East line of said Section 4 a distance of 7.00 feet to a point; said point also being 50.00 feet North of the South line of said Section 4; thence Easterly on a line parallel to the South line of said Section 4 a distance of 127.50 feet to a point; thence Northeasterly on a straight line a distance of 21.30 feet to the point of beginning; in Cook County, Illinois.
Inclusive of the right-of-way of 142nd Street contained within the foregoing legal description, and including the West 1/2 of the LaGrange Road right-of-way adjacent thereto, and the North 1/2 of the 143rd Street right-of-way adjacent thereto;
PINs: 27-04-417-007, -013, -015, -016, -017, -018, -019, -020, -027, -028, -030-8001,
-030-8002, -031-8001, -031-8002, -032-8001, -032-8002, -033-8001 and -033-8002;
Common Boundary Description: That triangular shaped area within the Village of Orland Park generally bounded by the centerline of LaGrange Road on the East, the centerline of 143rd Street on the South, and the Metra/Norfolk Southern Railroad property line on the North and West;
(hereinafter the “Subject Property”).
An accurate map of the Subject Property is attached hereto as Exhibit 3, and made part hereof.
SECTION 4: PURPOSE OF THE AREA.
Special Service Area Number 3 is established to provide special municipal services to the Subject Property in addition to services provided to the Village generally. The special services to be provided by the Village shall consist of the following activities/items within Special Service Area Number 3:
(i) Marketing of, and retention/expansion of, the businesses;
(ii) Event planning that promotes the businesses;
(iii) Special directional signage for the businesses;
(iv) The purchase of holiday decorations/lighting and seasonal landscaping;
(v) Monitoring and maintaining the physical appearance and retail standards of the public areas of the businesses;
(vi) Physical improvements to the area comprising Special Service Area Number 3, as deemed necessary by the Village and the not-for-profit corporation referenced in item (vii) below; and
(vii) The cost of an executive director and/or other staff deemed necessary to facilitate the efforts of a not-for-profit corporation to be formed by the business owners to assist in carrying out items (i) through (vi) above, pursuant to an intergovernmental agreement with the Village;
(hereinafter the “Special Services”), within said Special Service Area Number 3.
SECTION 5: TAX LEVIES/RATES.
The Village shall levy a direct annual tax at a rate not to exceed $1.00 per $100.00 of equalized assessed value of the property in Special Service Area Number 3, to cover the cost of the Special Services as well as the costs incurred by the Village in establishing Special Service Area Number 3, with said tax not to be imposed until at least fifty percent (50%) of the area (8.05 acres of the 16.1 acres / 350,597.5 square feet of the 701,195 square feet) of Parcels A through G, as shown on Exhibit 3, is developed, such that a full occupancy permit has been issued by the Village relative to said area, a not-for-profit corporation has been formed by the owners of Parcels A through G, as shown on Exhibit 3, for purposes of assisting with the Special Services, and an intergovernmental agreement has been entered into between the aforementioned not-for-profit corporation and the Village, relative to the providing of the Special Services. As taxes will not be levied until at least fifty percent (50%) of the area (8.05 acres of the 16.1 acres / 350,597.5 square feet of the 701,195 square feet) of Parcels A through G, as shown on Exhibit 3, is developed, such that a full occupancy permit has been issued by the Village relative to said area, a not-for-profit corporation has been formed by the owners of Parcels A through G, as shown on Exhibit 3, for purposes of assisting with the Special Services, and an intergovernmental agreement has been entered into between the aforementioned not-for-profit corporation and the Village, relative to the providing of the Special Services, it is currently unknown as to the actual amount of the taxes that will be levied for the initial year for which taxes will be levied within Special Service Area Number 3; however, any such initial tax levy shall not exceed the maximum tax rate as set forth above.
The aforementioned tax is to be levied upon all taxable property within Special Service Area Number 3, and shall be in addition to all other taxes provided by law.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as required by law. The Village Clerk is hereby directed and ordered to file a certified copy of this Ordinance with the Cook County Clerk, and record a certified copy of this Ordinance with the Cook County Recorder’s Office, within sixty (60) days of the effective date hereof.