APPENDIX A:  SAMPLE SPECIAL SERVICE AREA ORDINANCES
   The foregoing special service area ordinances are just draft examples of county special service area ordinances. The county is not giving legal advice on how to go about proposing, establishing or enacting a special service area and users should not rely on these documents in proposing, establishing or enacting any special service areas. Each unit of government that wishes to establish a special service area should work with an attorney to obtain legal advice on all aspects of proposing, establishing and enacting a special service area.
 
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AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA NUMBER     IN THE COUNTY OF WILL AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION
THEREWITH
BE IT ORDAINED BY THE WILL COUNTY BOARD, WILL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1.  Authority.
The County of Will (“county”) is authorized pursuant to Article VII, § 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, ILCS Ch. 35, Act 200, §§ 27-5 et seq. (“Act”) which provides, inter alia, the manner of levying taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties.
Section 2.  Findings.
The Will County Board finds and determines as follows:
   (a)   The owners of record (“owners”) of the property within that portion of the county as legally described in Exhibit A (“subject property”), which is attached hereto and incorporated herein, have expressed an interest in the performance of various special services to their properties.
   (b)   Pursuant to § 27-20 of the Act, the owners filed an application (“application”) with the County of Will with jurisdiction over the subject property, requesting the county to establish a special service area (“special service area”) for the subject property.
   (c)   It is in the public interest that the Will County Board considers the creation of the requested special service area for the subject property.
   (d)   The proposed special service area is compact and contiguous and commonly described as: a portion of the property located                               all in the County of Will, Illinois which proposed special service area is also outlined on the map of a portion of the county, which is attached hereto and incorporated herein as “Exhibit B”.
   (e)   The proposed special service area will benefit from the special services to be provided thereto.
Section 5.  Notice of Public Hearing.
Notice of hearing shall be published in accordance with provisions as provided in § 1007 of the Water Resource Ordinance for Unincorporated Will County and the Illinois Special Service Area Tax Law, ILCS Ch. 35, Act 200, §§ 27-5 et. seq. If notice by mail is required, the notice shall be sent postage prepaid, to the person whose name the general taxes for the last preceding year were paid. In the event that general taxes for the 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 the property.
Section 6.  Supersede Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict.
Section 7.  Bonds.
The county has heretofore incurred preliminary expenditures, including architectural, legal, engineering and similar costs, in connection with the special services prior to the issuance of the bonds. The county reasonably expects to reimburse such costs with proceeds of the bonds. This resolution constitutes a declaration of official intent under Treasury Regulation § 1.150-2.
Section 8.  Effective Date.
This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law.
 
 
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AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER     IN THE COUNTY OF WILL
BE IT ORDAINED BY THE WILL COUNTY BOARD, WILL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1.  Authority.
The Will County Board (“county”) is authorized pursuant to Article VII, § 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, ILCS Ch. 35, Act 200, §§ 27-5 et seq. (“Act”) to establish special service areas for the provision of special governmental services in the portions of the county and to levy or impose a special tax and to issue bonds for the provision of such special services.
Section 2.  Findings.
   (a)   The question of establishment of the area hereinafter described as a special service area was considered by the Will County Board pursuant to “An Ordinance Proposing the Establishment of Special Service Area Number       in Will County and Providing for Other Procedures in Connection Therewith”, as Ordinance No.       , adopted on       . The establishment of the Special Service Area was considered at a public hearing held on       , (“public hearing”). The public hearing was held pursuant to notice duly published in a newspaper of general circulation within the county, pursuant to the Special Service Area Tax Law, ordinance requirements and to notice by mail addressed to the person(s) in whose the 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. A certificate of publication of notice and evidence of mailing of notice are attached to this ordinance as Exhibit A and Exhibit B, respectively. The notices conform to the requirements of the Special Service Area Tax Law and pertinent ordinances.
Section 3.  Will County Special Service Area No.        Established.
A special service area to be known as designated as “Will County Maintenance Special Service Area No.          ” is hereby established and shall consist of the continuous territory legally described on Exhibit D attached hereto and made a part hereof, and outlined as on Exhibit E, attached hereto and made a part hereof
Section 4.  Purpose of Area.
Will County Maintenance Special Service Area No.       is established to provide special services to the special service area.  Maintenance Special Service Area No.       is formed with the intent that the county shall only levy taxes thereunder in the event the Will County Board determines, in its sole discretion, that the applicant, the homeowners’ association operating the subject property or any other such entity which is charged with the upkeep and maintenance of the special service area fails to perform special services as provided in the site development permit, attached hereto and incorporated herein as Exhibit F and required by the Water Resource Ordinance for Unincorporated Will County.
Section 5.  Ad Valorem Taxation.
The special taxes levied and extended under Maintenance Special Service Area No.       shall be levied and extended on an ad valorem basis against all taxable property within the special service area.
Section 6.  Supersede Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict.
Section 7.  Effective Date.
This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law.
 
(Ord. 11-46, passed 2-17-2011)