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AN ORDINANCE ESTABLISHING VILLAGE OF ORLAND PARK SPECIAL SERVICE AREA NUMBER 9
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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 9 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 9 in the Village of Orland Park and providing for a Public Hearing and Other Procedures in Connection Therewith,” adopted April 19, 2021, and was considered pursuant to a hearing held on May 17, 2021, by the Village Board pursuant to a Newspaper Notice duly published in Daily Southtown, a newspaper of general circulation 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 May 17, 2021. 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 May 17, 2021, and there was final adjournment thereof on May 17, 2021, as part of the regular Orland Park Village Board meeting on said date.
C. Unless a Waiver of Right to File an Objection Petition opposing the Creation of Orland Park Special Service Area Number 9 has been received by the Village from the person or persons in whose name the general taxes for the last proceeding year were paid on the territory described below, more than sixty (60) days have passed since the public hearing, and no objections to the establishment of Special Service Area Number 9 have been filed with the Village.
D. That after considering the information, 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 9 that said special service area, as hereinafter described, be established.
E. Said area is compact and contiguous and exists as subdivision 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 R-3 Residential 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 9 ESTABLISHED
A special service area to be known and designated as “Village of Orland Park Special Service Area Number 9” (hereinafter “Special Service Area Number 9”) is hereby established and shall consist of the following-described territory:
LOT 9 (EXCEPT THE EAST 740 FEET THEREOF AND EXCEPT THE SOUTH 185 FEET OF THE WEST 220 FEET OF THE EAST 960 FEET THEREOF) IN GROVER C. ELMORE AND COMPANY'S PALOS PARK ESTATES, BEING A SUBDIVISION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1950, AS DOCUMENT 14920281, IN COOK COUNTY, ILLINOIS.
Now known as:
LOTS 1 THROUGH 9, AND OUTLOT A, OF MEGAN NICOLE RIDGE BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
PINs: 23-35-300-040-0000 and 23-35-300-041-0000
Street Location: 13201 S. 88th Avenue, Orland Park, Illinois
(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 9 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 9: maintaining, repairing and/or replacing the detention pond and related storm water management facilities located in the above-described property in the event that the Homeowners’ Association or the owners of the above-described property fail to maintain, repair and/or replace said detention pond and related storm water management facilities as required by:
(i) The “ANNEXATION AGREEMENT (MEGAN NICOLE RIDGE - 13201 S. 88TH AVENUE)” recorded with the Cook County Recorder of Deeds on March 22, 2021, as document number 2108119027;
(ii) The Final Plat of Subdivision for Megan Nicole Ridge recorded with the Cook County Recorder of Deeds on March 22, 2021 as document number 2108119027;
(hereinafter the “Special Services”), within said Special Service Area Number 9.
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 9, for each year during which the Village of Orland Park is required to expend funds relative to said Special Services, so long as the detention pond and related storm water management facilities, as referenced above, exist. As taxes will not be levied until such time, if any, as the Village actually expends funds for said Special Services, it is currently unknown as to the actual amount of the taxes that will be levied for the initial year, if any, for which taxes will be levied within Special Service Area Number 9; however, any such initial tax levy shall not exceed the maximum tax rate as set forth above. Said tax is to be levied upon all taxable property within Special Service Area Number 9.
The aforementioned tax, if any, is to be levied upon all taxable property within Special Service Area Number 9, 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, 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.