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1988-0640 0 ORDINANCE NO. 88_64 AN ORDINANCE proposing the enlargement of Special Service Area Number One of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. WHEREAS, pursuant to the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois (the "Constitution "), the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village "), has elected by referendum to become a home rule unit; and WHEREAS, special service areas are established by home rule units pursuant to Part 2 of Section 6(1) of Article VII of the Constitution, which provides: The General Assembly may not deny or limit the power of home rule units . . . (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. and are established pursuant to the provisions of "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties," approved September 21, 1973, as amended (the "Act "), and pursuant to the Revenue Act of 1939 of the State of Illinois, as amended; and 0 0 WHEREAS, pursuant to Ordinance No. 85 -53, duly adopted by the President and Board of Trustees of the Village (the "Vil- lage Board ") on the 9th day of September, 1985, the Village Board proposed the establishment of Special Service Area Number One of the Village, consisting of the territory (the "Original Area ") described in the Notice of Public Hearing set forth in Section 4 hereof (the "Notice "); and WHEREAS, the Original Area is compact and contiguous and wholly within the corporate limits of the Village; and 'WHEREAS, the establishment of the Original Area as Special Service Area Number One of the Village was considered at a public hearing conducted by the Village Board on the 7th day of October, 1985 (the "Original Hearing "); and WHEREAS, notice of the Original Hearing was given by publication and mail in full compliance with all of the appli- cable provisions and requirements of the Act; and WHEREAS, pursuant to Ordinance No. 85 -58, duly adopted by the Village Board on the 7th day of October, 1985, the Village Board established the Original Area as Special Service Area Number One of the Village; and WHEREAS, pursuant to Ordinance No. 85 -88, duly adopted by the Village Board on the 10th day of December, 1985, the Vil- lage issued $8,250,000 Special Service Area Number One Bonds, Series 1985, dated December 1, 1985 (the "Bonds "), for the pur- pose of paying costs of constructing sewer and water improve- -2- L4*] LI&I ments, streets, curbs, water distribution system and facilities, street lights, storm water retention lakes and landscaping, fire protection and design engineering /surveying, which Bonds are payable solely and only from ad valorem property taxes levied against all of the taxable property included in the Original Area; and WHEREAS, it is in the public interest that the Original Area be enlarged for the purposes set forth herein and as more particularly described in the Notice set forth in Section 4 hereof (the Original Area as so enlarged being referred to herein as the "Enlarged Area "); and WHEREAS, the Enlarged Area is compact and contiguous and is totally within the corporate limits of the Village; and WHEREAS, the Enlarged Area will benefit specially from the municipal services to be provided (the "Services "), and the Services are unique and in addition to municipal services pro- vided to the Village as a whole and it is, therefore, in the best interests of the Village that the enlargement of the Original Area be considered; and WHEREAS, proceeds of the Bonds will be used to pay the cost of providing Services to the Enlarged Area; and WHEREAS, proceeds of the Bonds have been and will be used solely and only for Services for which the Village is au- thorized under the provisions of the Illinois Municipal Code, as amended, to levy taxes or special assessments or to appropriate -3- 0 0 the funds of the Village, all of the Services having been and to be in and for the Enlarged Area and all of the necessary con- struction having been and to be on existing public property or property to be acquired by the Village, including public ease- ments; and WHEREAS, upon the enlargement of the Original Area, the Enlarged Area will be subject to a direct annual tax to pay the principal and interest on the Bonds, levied upon all taxable property within the Enlarged Area, unlimited as to rate or amount and in addition to all other taxes permitted by law: NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: Section 1. That the preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held at 7:30 o'clock P.M., on the 11th day of July, 1988, at the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (the "Hearing "), to consider the enlargement of the Original Area as described in the Notice set forth in Section 4 hereof. Section 3. That notice of the Hearing shall be given by publication and mailing. Notice by publication shall be given. at least once not less than fifteen (15) days prior to the Hearing in The Buffalo Grove Daily Herald, the same being a newspaper published in and of general circulation within the -4- 0 o m Village. Notice by mailing shall be given by depositing the Notice in the United States mails 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 Enlarged Area. The Notice shall be mailed not less than ten (10) days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. Section 4. That the Notice shall be in substantially the following form: -5- o a NOTICE OF PUBLIC HEARING VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS SPECIAL SERVICE AREA NUMBER ONE NOTICE IS HEREBY GIVEN that on July 11, 1988, at 7 :30 o'clock P.M., at the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois, a hearing will be held by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village "), to consider the enlargement of Special Service Area Number One of the Village. Special Service Area Number One of the Village cur- rently consists of the following described territory (the "Original Area "): THAT PART OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND OF PART OF SECTION 3, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRIM :IPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 1/1 OF THE SOUTHWEST 1/4 OF SAID SECTION 34 AND RUNNING THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 50.0 FEET TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF WHEELING AVENUE AS SHOWN ON THE PLAT OF COLUMBIAN GARDENS UNIT NO. 4, BEING R SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JUNE Z6, 1929 AS DOCUMENT NO. 339091. IN LAKE COUNTY, ILLINOIS; THENCE NORTH ALONG THE EAST LINE OF SAID WHEELING AVENUE TO THE NORTH LINE OF WEST DRIVE IN COLUMBIAN GARDENS UNIT NO. 4; THENCE EASTERLY ALONG THE NORTH LINE OF SAID WEST DRIVE AND I75 EASTERLY EXTENSION TO THE EASTERLY RIGHT OF WAY LINE OF THE MINNEAPOLIS, ST PAUL AND SAULT STE. MARIE RAILWAY, BEING THE PLACE OF BEGINNING OF THE TRACT HEREIN INTENDED TO BE DESCRIBED; THENCE CONTINUING EASTERLY ON THE EXTENSION OF THE LAST DESCRIBED LINE TO THE NORTHEAST CORNER OF SAID COLUMBIAN GARDENS UNIT NO. 4, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF BLOCK 20 AND ITS EXTENSION IN SAID SUBDIVISION TO THE NORTHEASTERLY LINE OF 33.0 FEET WIDE WEST DRIVE; THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 4583.7 FEET CONVEX NORTHEASTERLY AND WHOSE LONG CHORD BEARS SOUTH 34 DEGREES 28 MINUTES EAST, A CHORD DISTANCE OF 1069.8 FEET; THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 1146.3 FEET, CONVEX SOUTHWESTERLY, AN ARC DISTANCE OF 394.18 FEET (CHORD TO SAID CURVE BEARS SOUTH 35 DEGREES 05 MINUTES 10 SECONDS EAST); THENCE SOUTH 89 DEGREES 56 MINUTES 11 SECONDS EAST 312.99 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST TO THE NORTHERLY RIGHT OF WAY LINE OF LAKE-COOK ROAD; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE MINNEAPOLIS, 57. PAUL AND SAULT STE. MARIE RAILWAY; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO 1HE PLACE OF BEGINNING ALL IN LAKE AND COOK COUNTIES, ILLINOIS. 0. o m THAT PART OF SECTIONS 34 AND 3S, TOWNSHIP 43 NORTH, RANGE tI. EAST OF THE THIRD PRINCIPAL MERIDIAN, AND SECTIONS 2 AND 3, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF COLUMBIAN GARDENS UNIT NO. 4, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JUNE 26, 1929 AS DOCUMENT NO. 339091 IN LAKE COUNTY, ILLINOIS: THENCE SOUTHERLY ALONG THE EASTERLY LINE AND SAID EASTERLY LINE EXTENDED SOUTHERLY, OF LOTS 1, 2 AND 3 IN BLOCK Z0 IN SAID SUBDIVISION. TO THE NORTHEASTERLY LINE OF 33.00 FEET WIDE WEST DRIVE; THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 4583.70 FEET, CONVEX NORTHEASTERLY AND WHOSE LONG CHORD BEARS SOUTH 34 DEGREES Z8 MINUTES EAST, A CHORD DISTANCE OF 1069.08 FEET: THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 1146.30 FEET, CONVEX SOUTHWESTERLY, AN ARC DISTANCE OF 394.28 FEET (CHORD TO SAID CURVE SEARS SOUTH 35 DEGREES 05 MINUTES 10 SECONDS EAST)t THENCE SOUTH 89 DEGREES 56 MINUTES 11 SECONOS EAST. 32Z.99 FEET TO THE PLACE OF BEGINNING OF THE TRACT HEREIN INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES S6 MINUTES 11 SECONDS EAST, 7.01 FEET TO A POINT OF CURVATURE OF CURVED LINE CONVEX NORTHERLY AND HAVING A RADIUS OF 67S.0 FEET; THENCE EASTERLY ALONG SAID CURVED LINE, AN ARC DISTANCE OF 192.18 FEET TO A POINT OF REVERSE CURVATURE (CHORD TO SAID CURVE BEARS SOUTH 81 DEGREES 46 MINUTES 48 SECONDS EAST); THENCE EASTERLY ALONG A CURVED LINE CONVEX SOUTHERLY 1N0 HAVING A RADIUS OF 567.00 FEET, AN ARC DISTANCE OF 161.43 FEET TO A POINT OF TANGENCY (CHORD TO SAID CURVE BEARS SOUTH 81 DEGREES 46 MINUTES 48 SECONDS EAST); THENCE SOUTH 89 DEGREES S6 MINUTES 11 SECONDS EAST, 160.00 FEET; THENCE NORTH 00 DEGREES 03 MINUTES 49 SECONDS EAST, 95.38 FEET TO A POINT ON THE NORTHERLY LINE•OF SOUTH CHEVY CHASE DRIVE AS INCLUDED IN THE PLAT OF COLUMBIAN GARDENS UNIT NO. 3, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED MAY ZZ, 1929 AS DOCUMENT NO. 337110, IN LAKE COUNTY, ILLINOIS; THENCE ALONG A CURVED LINE OF 104Z.10 FEET RADIUS. CONVEX SOUTHERLY, AN ARC DISTANCE OF 31.74 FEET (CHORD TO SAID CURVE BEARS NORTH 50 DEGREES 52 MINUTES 15 SECONDS EAST); THENCE EASTERLY ALONG A CURVED LINE CONVEX NORTHERLY AND HAVING A RADIUS OF 996.87 FEET, AN ARC DISTANCE OF IZ67.33 FEET (CHORD TO SAID CURVE BEARS NORTH 88 DEGREES 13 MINUTES 54 SECONDS EAST)t THENCE SOUTH 02 DEGREES S8 MINUTES 33 SECONDS EAST, 118.12 FEETI THENCE NORTH 87 DEGREES 01 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF LINDEN AVENUE EXTENSION, A DISTANCE OF 3Z2.3Z FEET; THENCE SOUTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE TO THE SOUTHERLY LINE OF LINDEN AVENUE AS EXTENDED WESTERLY AND SHOWN ON THE PLAT OF COLUMBIAN GARDENS UNIT NO. 1, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 140. 278278, IN LAKE COUNTY, ILLINOIS THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LINDEN AVENUE AS EXTENDED ANO ALONG THE SOUTHERLY LINE OF SAID LINDEN AVENUE TO THE CENTER LINE OF MILWAUKEE AVENUE; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LAKE -COOK ROAD; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO A POINT THEREIN WHICH BEARS SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST FROM THE PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 19 MINUTES 00 SECONDS EAST TO THE PLACE OF BEGINNING. IN LAKE AND COOK COUNTIES. ILLINOIS. -7- 0 0 The Village proposes to enlarge the Original Area by adding thereto the following described territory (the "Additional Territory "): THAT PART OF COLUMBIAN GARDENS UNIT NO. 4, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 AND A PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE NORTH 89 DEGREES 58 MINUTES 15 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, 1321.45 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE NORTH 00 DEGREES 01 MINUTES 49 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, BEING THE WEST LINE OF SAID COLUMBIAN GARDENS UNIT NO. 4, 1813.48 FEET TO THE NORTHWEST CORNER OF SAID COLUMBIAN GARDENS UNIT NO. 4; THENCE NORTH 87 DEGREES 49 MINUTES 23 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID COLUMBIAN GARDENS UNIT NO. 4, 881.57 FEET TO THE WESTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, BEING A LINE 210.00 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF THE MINNEAPOLIS ST. PAUL AND SAULT STE. MARIE RAILROAD; THENCE SOUTH 18 DEGREES 32 MINUTES 46 SECONDS EAST ALONG SAID WESTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, 1922.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID COLUMBIAN GARDENS UNIT NO. 4; THENCE SOUTH 87 DEGREES 16 MINUTES 37 SECONDS WEST ALONG SAID LAST DESCRIBED LINE, 171.98 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE SOUTH 00 DEGREES 04 MINUTES 12 SECONDS WEST ALONG SAID LAST DESCRIBED LINE, 17.16 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. Upon the enlargement of the Original Area by the ad- dition thereto of the Additional Territory, Special Service Area Number One of the Village shall consist of all parcels of prop- erty described above (the "Enlarged Area "). The Original Area is generally bounded on the north by the Chevy Chase Country Club, on the east by Milwaukee Avenue, on H&I the south by Lake -Cook Road and on the west by the Minneapolis, St. Paul & Sault Ste. Marie Railway in the Village. The Ad- ditional Territory consists of approximately 50 acres, is located west of the Original Area, and is generally bounded on the north by West Drive, on the east by Huntly Road, on the south by Lake - Cook Road and on the west by the Buffalo Grove Commerce Center. Accurate maps of both the Original Area and the Additional Territory are on file in the office of the Village Clerk of the Village and are available for public inspection. The purpose of the enlargement of the Original Area is to provide special municipal services to the Additional Terri- tory, similar to'those heretofore provided and to be provided to the Original Area, including the construction of sewer and water improvements, streets, curbs, water distribution system and facilities, street lights, storm water retention lakes and landscaping, fire protection and design engineering /surveying, all of said services having been and to be in and for the Enlarged Area and all of said construction having been and to be on existing public property or property to be acquired by the Village, including public easements. The Village has issued $8,250,000 Special Service Area Number One Bonds, Series 1985 (the "Bonds ") , payable solely and only from ad valorem property taxes levied against all of the taxable property included in the Original Area. All of the Ad- ditional Territory to be added to the Original Area will be sub- o a ject to said taxes which secure said Bonds. Upon the enlargement of the Original Area to encompass the Enlarged Area, the Bonds shall be retired by the levy of a direct annual tax sufficient to pay the principal and interest thereon, said tax to be levied upon all the taxable property within the Enlarged Area, and to be unlimited as to rate or amount and in addition to all other taxes permitted by law. All interested persons affected by the enlargement of the Original Area, the Bonds and the levy of said tax, including all owners of real estate located within the Enlarged Area, will be given an opportunity to be heard at said hearing regarding the enlargement of the Original Area, the Bonds and the levy of said tax and an opportunity to file objections to the enlargement of the Original Area. At said public hearing, any interested persons affected by the enlargement of the Original Area, the Bonds and the levy of said tax may file with the Village Clerk of the Village writ- ten objections to and may be heard orally in respect to any issues embodied in this notice. The President and Board of Trus- tees of the Village shall hear and determine all protests and objections at said hearing, and said hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of its ad- journment. -10- o � If a petition signed by (a) at least 51% of the electors residing within the Original Area and by at least 51% of the owners of record of the land included within the boundaries of the Original Area, or (b) at least 51% of the electors re- siding within the Additional Territory and by at least 51% of the owners of record of the land included within the boundaries of the Additional Territory, is filed with the Village Clerk of the Village within 60 days following the final adjournment of said public hearing objecting to the enlargement of the Original Area, the levy or imposition of a tax upon the Additional Territory or the use of the proceeds of the Bonds to provide special services to the Additional Territory, or to a proposed increase in the tax rate upon the Additional Territory, the Original Area shall not be so enlarged, nor tax so levied or imposed upon the Additional Territory, nor the rate increased, and no proceeds of the Bonds may be so used. By order of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. DATED this day of Village Clerk, Village, of Buffalo Grove, Cook and Lake Counties, Illinois Mac HO Section 5. That all ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and that this ordinance be in full force and effect forthwith upon its adoption and approval. Adopted June 6, 1988. AYES: 6 - Marienthal, Glover, R i , Sbjelas, ShiFrin, Mnthing NAYS: 0 - None ABSENT: 0 - None Approved June 6, 1988. P esident, Village of Buf o Grove, Cook and Lake Counties, I inois Attest: Villag&--Clerk, Village of Buffalo Grove, Cook and Lake Counties, Illinois Recorded in the Village Records on June 7, , 1988. _12- o � MINUTES of a regular public meeting of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, held at 50 Raupp Boulevard, Buffalo Grove, Illinois, in said Village at 7 :30 o'clock P.M., on the 6th day of June, 1988. The President called the meeting to order and directed the Village Clerk to call the roll. Upon roll call, the following answered present: Verna Clayton , the President, and Trustees: Marienthal, Glover, Reid, Shields, Trustee Shifrin arri -ad later Trustee Mathias was sworn in after roll call The following Trustees were absent: None Trustee Reid presented and the Village Clerk read in full the following ordinance: o � Trustee Glover moved and Trustee Reid seconded the motion that said ordinance as presented and read by the Village Clerk be adopted. After a full discussion thereof, the President directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Trustees voted AYE: Marienthal, Glover, Reid, Shields,Shifrin,.Mathias The following Trustees voted NAY: None Whereupon the President declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the Village Clerk to record the same in full in the records of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meet- ing was adjourned. Village Clerk o � STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village "), and that as such official T am the keeper of the records and files of the President and Board of Trustees of the Village (the "Board "). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Board held on the 6th day of June, 1988, insofar as same relates to the adoption of Ordinance No. 88 -64 entitled: AN ORDINANCE proposing the enlargement of Special Service Area Number One of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Board on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place con- venient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that said meet- ing was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the bound- aries of home rule units and non -home rule municipalities and counties," approved September 21, 1973, as amended, and that the Board has complied with all of the provisions of said Acts and with all of the procedural rules of the Board. IN WITNESS WHEREOF, I hereunto affix my official signa- ture and the seal of the Village, this 7 th day of June 1988. Village Clerk (SEAL) Z VILLAGE OF BUFFALOO GROVE ORDINANCE NO. 'D -6 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE 6" J THIS _DAY OF 191! Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this '% day of L •z 19 . 04U,f M - S424,� -"- Village Clerk By,-. VJ S.( U-J AA A- t"Zzi� Acting Deputy Clerk ORDINANCE NO. 88 -64 AN ORDINANCE proposing the enlargement of Special Service Area Number One of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. WHEREAS, pursuant to the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois (the "Constitution "), the Village of Buffalo Grove, Cook and Lake Counties,. Illinois (the "Village "), has elected by referendum to become a home rule unit; and WHEREAS, special service areas are established by home rule units pursuant to Part 2 of Section 6(1) of Article VII of the Constitution, which provides: The General Assembly may not deny or limit the power of home rule units . . . (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. and are established pursuant to the provisions of "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties," approved September 21, 1973, as amended (the "Act "), and pursuant to the Revenue Act of 1939 of the State of Illinois, as amended; and WHEREAS, pursuant to Ordinance No. 85 -53, duly adopted by the President and Board of Trustees of the Village (the "Vil- lage Board ") on the 9th day of September, 1985, the Village Board proposed the establishment of Special Service Area Number One of the Village, consisting of the territory (the "Original Area ") described in the Notice of Public Hearing set forth in Section 4 hereof (the "Notice "); and WHEREAS, the Original Area is compact and contiguous and wholly within the corporate limits of the Village; and WHEREAS, the establishment of the Original Area as Special Service Area Number One of the Village was considered at a public hearing conducted by the Village Board on the 7th day of October, 1985 (the "Original Hearing "); and WHEREAS, notice of the Original Hearing was given by publication and mail in full compliance with all of the appli- cable provisions and requirements of the Act; and WHEREAS, pursuant to Ordinance No. 85 -58, duly adopted by the Village Board on the 7th day of October, 1985, the Village Board established the Original Area as Special Service Area Number One of the Village; and WHEREAS, pursuant to Ordinance No. 85 -88, duly adopted by the Village Board on the 10th day of December, 1985, the Vil- lage issued $8,250,000 Special Service Area Number One Bonds, Series 1985, dated December 1, 1985 (the "Bonds "), for the pur- pose of paying costs of constructing sewer and water improve- -2- ments, streets, curbs, water distribution system and facilities, street lights, storm water retention lakes and landscaping, fire protection and design engineering /surveying, which Bonds are payable solely and only from ad valorem property taxes levied against all of the taxable property included in the Original Area; and WHEREAS, it is in the public interest that the Original Area be enlarged for the purposes set forth herein and as more particularly described in the Notice set forth in Section 4 hereof (the Original Area as so enlarged being referred to herein as the "Enlarged Area "); and WHEREAS, the Enlarged Area is compact and contiquous and is totally within the corporate limits of the Village; and WHEREAS, the Enlarged Area will benefit specially from the municipal services to be provided (the "Services "), and the Services are unique and in addition to municipal services pro- vided to the Village as a whole and it is, therefore, in the best interests of the Village that the enlargement of the Original Area be considered; and WHEREAS, proceeds of the Bonds will be used to pay the cost of providing Services to the Enlarged Area; and WHEREAS, proceeds of the Bonds have been and will be used solely and only for Services for which the Village is au- thorized under the provisions of the Illinois Municipal Code, as amended, to levy taxes or special assessments or to appropriate -3- the funds of the Village, all of the Services having been and to be in and for the Enlarged Area and all of the necessary con- struction having been and to be on existing public property or property to be acquired by the Village, including public ease- ments; and WHEREAS, upon the enlargement of the Original Area, the Enlarged Area will be subject to a direct annual tax to pay the principal and interest on the Bonds, levied upon all taxable property within the Enlarged Area, unlimited as to rate or amount and in addition to all other taxes permitted by law: NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: Section 1. That the preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. That a public hearing shall be held at 7:30 o'clock P.M., on the 11th day of July, 1988, at the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (the "Hearing "), to consider the enlargement of the Original Area as described in the Notice set forth in Section 4 hereof. Section 3. That notice of the Hearing shall be given by publication and mailing. Notice by publication shall be given at least once not less than fifteen (15) days prior to the Hearing in The Buffalo Grove Daily Herald, the same being a newspaper published in and of general circulation within the -4- Village. Notice by mailing shall be given by depositing the Notice in the United States mails 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 Enlarged Area. The Notice shall be mailed not less than ten (10) days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. Section 4. That the Notice shall be in substantially the following form: :[.7C NOTICE OF PUBLIC HEARING VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS SPECIAL SERVICE AREA NUMBER ONE NOTICE IS HEREBY GIVEN that on July 11, 1988, at 7 :30 o'clock P.M., at the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois, a hearing will be held by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village "), to consider the enlargement of Special Service Area Number One of the Village. Special Service Area Number One of the Village cur- rently consists of the following described territory (the "Original Area "): THAT PART OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND OF PART OF SECTION 3, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRIN =IPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING Al THE SOUTHWEST CORNER OF THE EAST 112 OF THE SOUTHWEST 1/4 OF SAID SECTION 34 AND RUNNING THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 50.0 FEET TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF WHEELING AVENUE AS SHOWN ON THE PLAT OF COLUMBIAN GARDENS UNIT NO. 4, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JUNE 26, 1929 AS DOCUMENT NO. 339091. IN LAKE COUNTY, ILLINOIS: THENCE NORTH ALONG THE EAST LINE OF SAID WHEELING AVENUE TO THE NORTH LINE OF WEST DRIVE IN COLUMBIAN GP.PDENS UNIT NO. 4; THENCE EASTERLY ALONG THE NORTH LINE OF SAID WEST DRIVE AND ITS EASTERLY EXTENSION TO THE EASTERLY RIGHT OF WAY LINE OF THE MINNEAPOLIS, ST PAUL AND SAULT STE. MARIE RAILWAY, BEING THE PLACE OF BEGINNING OF THE TRACT HEREIN INTENDED TO BE DESCRIBED: THENCE CONTINUING EASTERLY ON THE EXTENSION OF THE LAST DESCRIBED LINE TO THE NORTHEAST CORNER OF SAID COLUMBIAN GARDENS UNIT NO. 4, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF BLOCK 20 AND ITS EXTENSION IN SAID SUBDIVISION TO THE NORTHEASTERLY LINE OF 33.0 FEET WIDE WEST DRIVE. THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 4583.7 FEET CONVEX NORTHEASTERLY AND WHOSE LONG CHORD SEARS SOUTH 34 DEGREES 28 MINUTES EAST, A CHORD DISTANCE OF 1069.8 FEET; THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 1146.3 FEET, CONVEX SOUTHUESTERLY, AN ARC DISTANCE OF 394.28 FEET (CHORD TO SAID CURVE BEARS SOUTH 35 DEGREES 05 MINUTES 10 SECONDS EAST). THENCE SOUTH 89 DEGREES 56 MINUTES 11 SECONDS EAST 322.99 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST TO THE NORTHERLY RIGHT OF WAY LINE OF LAKE -COOK ROAD; THENCE WESTERLY ALONG SAID NORTHERLY LANE TO THE EASTERLY LINE OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE PLACE OF BEGINNING ALL 1N LAKE AND COOK COUNTIES. ILLINOIS. THAT PART OF SECTIONS 34 AND 3S. TOWNSHIP 43 NORTH, RANGE II. EAST OF THE THIRD PRINCIPAL MERIDIAN, AND SECTIONS Z AND 3. TOWNSHIP 4Z NORTH, RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF COLUMBIAN GARDENS UNIT N0. 4, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JUNE Z6, 1929 AS DOCUMENT NO. 339091 IN LAKE COUNTY, ILLINOIS: THENCE SOUTHERLY ALONG THE EASTERLY LINE AMC) SAID EASTERLY LINE EXTENDED SOUTHERLY. OF LOTS 1, Z AND 3 IN BLOCK ZO IN SAID SUBDIVISION, TO THE NORTHEASTERLY LINE OF 33.00 FEET WIDE WEST ORIVEi THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 4583.70 FEET, CONVEX NORTHEASTERLY AND WHOSE LONG CHORD BEARS SOUTH 34 DEGREES Z8 MINUTES EAST. A CHORD DISTANCE OF 1069.08 FEET: THENCE ALONG THE CURVED NORTHEASTERLY LINE OF WEST DRIVE WHICH HAS A RADIUS OF 1146.30 FEET, CONVEX SOUTHWESTERLY, AN ARC DISTANCE OF 394'.28 FEET (CHORD TO SAID CURVE BEARS SOUTH 35 DEGREES 0S MINUTES 10 SECONDS EAST), THENCE SOUTH 89 DEGREES 56 MINUTES 11 SECONDS EAST, 322.99 FEET TO THE PLACE OF BEGINNING OF THE TRACT HEREIN INTENDED TO BE DESCRIBED; THENCE CONTINUING SOUTH 89 DEGREES S6 MINUTES 11 SECONDS EAST, 7.01 FEET TO A POINT OF CURVATURE OF CURVED LINE CONVEX NORTHERLY AND HAVING A RADIUS OF 675.0 FEET; THENCE EASTERLY ALONG SAID CURVED LINE, AN ARC DISTANCE OF 192.18 FEET TO A POINT OF REVERSE CURVATURE (CHORD TO SAID CURVE BEARS SOUTH 81 DEGREES 46 MINUTES 48 SECONDS EAST), THENCE EASTERLY ALONG A CURVED LINE CONVEX SOUTHERLY NND HAVING A RADIUS OF 567.00 FEET. AN ARC DISTANCE OF 161.43 FEET TO A POINT OF TANGENCY (CHORD TO SAID CURVE BEARS SOUTH 81 DEGREES 46 MINUTES 48 SECONDS EAST); THENCE SOUTH 89 DEGREES 56 MINUTES 11 SECONDS EAST, 160.00 FEET, THENCE NORTH 00 DEGREES 03 MINUTES 49 SECONDS EAST, 95.38 FEET TO A POINT ON THE NORTHERLY LINE-OF SOUTH CHEVY CHASE DRIVE AS INCLUDED IN THE PLAT OF COLOMBIAN GARDENS UNIT NO. 3, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED MAY ZZ. 19Z9 AS DOCUMENT NO. 337110, IN LAKE COUNTY, ILLINOIS; THENCE ALO%6 A CURVED LINE OF 1042.14 FEET RADIUS, CONVEX SOUTHERLY, AN ARC DISTANCE OF 31.74 FEET (CHORD TO SAID CURVE BEARS NORTH 50 DEGREES SZ MINUTES IS SECONDS EAST); THENCE EASTERLY ALONG A CURVED LINE CONVEX NORTHERLY AND HAVING A RADIUS OF 996.87 FEET, AN ARC DISTANCE OF IZ67.33 FEET (CHORD TO SAID CURVE BEARS NORTH 88 DEGREES 13 MINUTES 54 SECONDS EAST), THENCE SOUTH 02 DEGREES S8 MINUTES 33 SECONDS EAST, 118.12 FEET; THENCE NORTH 87 DEGREES 01 MINUTES 27 SECDNOS EAST ALONG THE NORTH LINE OF LINDEN AVENUE EXTENSION, A DISTANCE OF 3ZZ.3Z FEETI THENCE SOUTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE TO THE SOUTHERLY LINE OF LINDEN AVENUE AS EXTENDED WESTERLY AND SHOWN ON THE PLAT OF COLUMBIAN 6ARDENS UNIT NO. 1. BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 140. Z78Z78. IN LAKE COUNTY. ILLINOIS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LINDEN AVENUE AS EXTE!+DEO AND ALONG THE SOUTHERLY LINE OF SAID LINC)EN AVENUE TO THE CENTER LINE OF MILWAUKEE AVENUE; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LAKE -COOK ROAM THENCE WESTERLY ALONG SAID NORTHERLY LINE TO A POINT THEREIN WHICH BEARS SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST FROM THE PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 19 MINUTES 00 SECONDS EAST TO THE PLACE OF BEGINNING, IN LAKE AND COOK COUNTIES, ILLINOIS. The Village proposes to enlarge the Original Area by adding thereto the following described territory (the "Additional Territory "): THAT PART OF COLUMBIAN GARDENS UNIT NO. 4, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 AND A PART OF THE EAST 112 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE NORTH 89 DEGREES 58 MINUTES 15 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, 1321.45 FEET TO THE WEST LINE OF THE EAST 112 OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE NORTH 00 DEGREES 01 MINUTES-49 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, BEING THE WEST LINE OF SAID COLUMBIAN GARDENS UNIT NO. 4, 1813.48 FEET TO THE NORTHWEST CORNER OF SAID COLUMBIAN GARDENS UNIT NO. 4; THENCE NORTH 87 DEGREES 49 MINUTES 23 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID COLUMBIAN GARDENS UNIT NO. 4, 881.57 FEET TO THE WESTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, BEING A LINE 210.00 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF THE MINNEAPOLIS ST. PAUL AND SAULT STE. MARIE RAILROAD; THENCE SOUTH 18 DEGREES 32 MINUTES 46 SECONDS EAST ALONG SAID WESTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, 1922.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID COLUMBIAN GARDENS UNIT NO. 4; THENCE SOUTH 87 DEGREES 16 MINUTES 37 SECONDS WEST ALONG SAID LAST DESCRIBED LINE, 171.98 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE SOUTH 00 DEGREES 04 MINUTES 12 SECONDS WEST ALONG SAID LAST DESCRIBED LINE, 17.16 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. Upon the enlargement of the Original Area by the ad- dition thereto of the Additional Territory, Special Service Area Number One of the Village shall consist of all parcels of prop- erty described above (the "Enlarged Area "). The Original Area is generally bounded on the north by the Chevy Chase Country Club, on the east by Milwaukee Avenue, on we the south by Lake -Cook Road and on the west by the Minneapolis, St. Paul & Sault Ste. Marie Railway in the Village. The Ad- ditional Territory consists of approximately 50 acres, is located west of the Original Area, and is generally bounded on the north by West Drive, on the east by Huntly Road, on the south by Lake - Cook Road and on the west by the Buffalo Grove Commerce Center. Accurate maps of both the Original Area and the Additional Territory are on file in the office of the Village Clerk of the Village and are available for public inspection. The purpose of the enlargement of the Original Area is to provide special municipal services to the Additional Terri- tory, similar to those heretofore provided and to be provided to the Original Area, including the construction of sewer and water improvements, streets, curbs, water distribution system and facilities, street lights, storm water retention lakes and landscaping, fire protection and design engineering /surveying, all of said services having been and to be in and for the Enlarged Area and all of said construction having been and to be on existing public property or property to be acquired by the Village, including public easements. The Village has issued $8,250,000 Special Service Area Number One Bonds, Series 1985 (the "Bonds "), payable solely and only from ad valorem property taxes levied against all of the taxable property included in the Original Area. All of the Ad- ditional Territory to be added to the Original Area will be sub- ject to said taxes which secure said Bonds. Upon the enlargement of the Original Area to encompass the Enlarged Area, the Bonds shall be retired by the levy of a direct annual tax sufficient to pay the principal and interest thereon, said tax to be levied upon all the taxable property within the Enlarged Area, and to be unlimited as to rate or amount and in addition to all other taxes permitted by law. All interested persons affected by the enlargement of the Original Area, the Bonds and the levy of said tax, including all owners of real estate located within the Enlarged Area, will be given an opportunity to be heard at said hearing regarding the enlargement of the Original Area, the Bonds and the levy of said tax and an opportunity to file objections to the enlargement of the Original Area. At said public hearing, any interested persons affected by the enlargement of the Original Area, the Bonds and the levy of said tax may file with the Village Clerk of the Village writ- ten objections to and may be heard orally in respect to any issues embodied in this notice. The President and Board of Trus- tees of the Village shall hear and determine all protests and objections at said hearing, and said hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of its ad- journment. -10- If a petition signed by (a) at least 51% of the electors residing within the Original Area and by at least 51% of the owners of record of the land included within the boundaries of the Original Area, or (b) at least 51% of the electors re- siding within the Additional Territory and by at least 51% of the owners of record of the land included within the boundaries of the Additional Territory, is filed with the Village Clerk of the Village within 60 days following the final adjournment of said public hearing objecting to the enlargement of the Original Area, the levy or imposition of a tax upon the Additional Territory or the use of the proceeds of the Bonds to provide special services to the Additional Territory, or to a proposed increase in the tax rate upon the Additional Territory, the Original Area shall not be so enlarged, nor tax so levied or imposed upon the Additional Territory, nor the rate increased, and no proceeds of the Bonds may be so used. By order of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. DATED this day of 1988. Village Clerk, Village of Buffalo Grove, Cook and Lake Counties, Illinois -11- Section 5. That all ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby repealed, and that this ordinance be in full force and effect forthwith upon its adoption and approval. Adopted June 6, 1988. AYES: 6 — Mari enthal ('1 o g ?— ar �s RP1CL. Sh�P1rlS, Shifrin, Matbi,., NAYS: 0 - None ABSENT: 0 - None Approved June 6, 1988. PYesident, Village of Buffalo Grove, Cook and Lake Counties, Ili'linois Attest: ViliagClerk, Village of Buffalo alo Grove, Cook and Lake Counties, Illinois Recorded in the Village Records on June 7, 1988. -12-