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HomeMy WebLinkAboutT8-75 Ordinance T8-75 AN ORDINANCE PROVIDING FOR PAYMENT OF DEFICIENCY IN THE CERTIFICATE OF FINAL COST AND COMPLETION OF ELGIN SPECIAL ASSESSMENT NO. 73 TX 17694 BY ASSESSMENT FOR PUBLIC BENEFIT WHEREAS, the City of Elgin has passed an ordinance for the making of a local improvement, which is designated as Elgin Special Assessment No. 73 TX 17694; and WHEREAS, the Circuit Court of Kane County has confirmed said special assessment; and WHEREAS, the improvement has been completed by the contractor, Zimmerman $ Kahler, Inc. , and accepted by the Board of Local Improvements of the City of Elgin; and WHEREAS, the Board has approved the Certificate of Final Cost and Completion, which reflects a deficiency in the amount of $13,854.26; and WHEREAS, there will be a deficiency in the amount of assessment required to pay the cost of the work, cost of engineering and inspection, cost of levying, making and collecting the assessment, and the amount estimated to pay accruing interest on bonds and vouchers in the sum of $13,854.26, and the deficiency will benefit the public in said sum in [ addition to the public benefit previously assessed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City of Elgin, Kane County, Illinois, pay the deficiency of $13,854.26 in Elgin Special Assessment No. 73 TX 17694 and the same be assessed against the City as public benefit in the sum of $13,854.26 payable out of the second to tenth installments inclusive, in addition to the amount already confirmed against the City for public benefit. Section 2. That this ordinance shall be in full force and effect from and after its passage and approval thereof, in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 14, 1975 Passed: May 14, 1975 Vote: Yeas 6 Nays 0 Recorded: May 14, 1975 Published: May 14, 1975 Attest: s/ Diane Schwartz Diane Schwartz, Acting City Clerk Town of Elgin, on the East Side of the Fox River, described as follows: Commencing at the Southeast Corner of said Lot 2; thence Westerly along the Southerly Line of said Lot, 6.5' ; thence Northerly 33° 20' Westerly parallel with the Easterly Line of North Grove Avenue (formerly River Street) 33' ; thence Northeasterly along a line, which if extended, would intersect the Easterly Line of said Lot 2 at a point 44' North of the South- east Corner thereof, to the Easterly Line of an alley, for the point of beginning; thence Northeasterly to a point in the Easterly Line of Lot 2 aforesaid, 44.0 ' North of the Southeast Corner thereof; thence Easterly parallel with the South Line of said Lot 1, 66.0' to the East Line thereof; thence Northerly along the East Line of said Lot to a point 44' South of the Northeast Corner of said Lot; thence Westerly parallel with the North Lines of Lots 1 and 2 to the Easterly Line of the alley aforesaid; thence Southerly 33° 20' East along the Easterly Line of said alley to the point of beginning, except the North 22.5' thereof, measured along the Easterly Line, being situated in the City of Elgin, Kane County, Illinois, (commonly known as 18 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The North 22' (Measure on the East Line Thereof) of the following described premises: That part of Lots 1 and 2, Block 19, of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Beginning at the Southeast corner of said Lot 1; thence Westerly along the Southerly line of said Lot 1, 66' to the Southwest Corner thereof; thence West along the South Line of said Lot 2, 6.5' ; thence Northerly 33° 20' West parallel with the Easterly Line of North Grove Avenue (formerly River Street) 33' ; thence Northeasterly 30' to a point on the Westerly Line of said Lot 1, 44' North of the Southwest Corner thereof; thence Easterly parallel with the Southerly Line of said Lot 1, 66' to the Easterly Line of said Lot 1; thence Southerly along said Easterly Line 44' to the point of beginning in the City of Elgin, Kane County, Illinois, (commonly known as 16 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The South 22' (Measure on the Easterly Line Thereof) of the following described premises: That part of Lots 1 and 2 in Block 19 of the Original Town of Elgin on the East Side of the Fox River, described as follows: Beginning at the Southeast Corner of said Lot 1; thence Westerly along the Southerly Line of said Lot 1, 66' to the Southwest Corner thereof; thence Northerly 33° 20' Westerly parallel with the Easterly Line of Grove Avenue (Formerly River Street) 33' ; thence Northeasterly 30' to a point on the Westerly Line of said Lot 1, 44' North of the Southwest Corner thereof; thence Easterly parallel with the Southerly Line of said Lot 1, 66' to the Easterly Line of said Lot 1; thence Southerly along said East Line 44' to the point of beginning in the City of Elgin, Kane County, Illinois, (commonly known as 14 Douglas Avenue) also t That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing on the Westerly Line of Mill Street at the Northeast Corner of Lot 4 in Block 19 of James T. Gifford's Original Plat of the Town of Elgin, as laid by said James T. Gifford and recorded in the Reocrder's Office for Kane County, Illinois; thence Southerly 31' along the Westerly line of said street, now known as Douglas Avenue; thence Westerly parallel with the Northerly Line of said Lot 4, 66' to the Westerly line of said lot; thence Northerly on said Line 31' to the Northerly Line of said Lot; thence Easterly on said North Line 66° to the place of beginning, situated in the City of Elgin, Kane County, State of Illinois, (commonly known as 10 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The Southerly 20' of the North 51' of Lot 4, Block 19, of J. T. Gifford's Plat of the Original Town of Elgin. Being situated in Elgin Township, Kane County, Illinois, (commonly known as 8 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3 and 4 in Block 19 of the Original Town of Elgin on the East Side of the Fox River, described as follows: 4111) Beginning at the Southeast Corner of said Lot 4; thence Northerly along the Easterly Line of said Lot, 60' ; thence Westerly at right angles to the said Easterly Line 66' to the Westerly Line of said Lot; thence Southwesterly at right angles to the Easterly Line of Grove Avenue (formerly known as River Street) to the Westerly Line of said Lot 3; thence Southerly along said Westerly Line of Lot 4 aforesaid, to the Southerly Line of said Lot 4; thence Easterly along the Southerly Line of said Lot, 49.5' to the point of beginning; also that part of Lot 3 in Block 19 of the Original Town of Elgin on the East Side of the Fox River described as follows: Beginning at a point on the Westerly Line of Lot 3, aforesaid, 44' Southerly from the Northwest Corner thereof; thence Southerly along the Westerly Line of said Lot, 53' and 8" to the Northerly Line of the lot conveyed to the Home National Bank of Elgin by Deed Dated June 3, 1890 and recorder June 17, 1890 as Document 30468 in Book 266, Page 115; thence Easterly at right angles to the Easterly Line of River Street, 19'9" to the Easterly Line of said Lot 3; thence Northerly along said Easterly Line to a point therein from which a line drawn at right angles to the Easterly Line of River Street would intersect the place of beginning; thence Westerly at right angles to River Street and along said Line 80'2" to the point of beginning; Also North 21' of the South 81' of Lot 4 (Measured on the Easterly Line of Said Lot) in Block 19 of the Original Town of Elgin, on the East Side of the Fox River in Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, all in Kane County, Illinois, (commonly known as 100 East Chicago Street) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as lim Easterly a distance of 152 feet more or less; thence Northerly along a line being parallel to and 22 feet East of Douglas Avenue a distance of 151 feet more or less; thence Easterly at an angle of 90° more or less from the last described course a distance of 169 feet more or less to the Westerly Line of the Chicago and North Western Rail Road right-of-way; thence Northwesterly along the West Line of the Chicago and North Western Rail Road right- of-way a distance of 205 feet more or less to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois. All interested persons effected by the formation of the City of Elgin Special Service Area Number 2 will be given an opportunity to be heard regarding the formation of and the boundaries of the special service area and may object to the formation of the area, the issuance of bonds and the levy of taxes effecting said area. The purpose of the formation of City of Elgin Special Service Area Number 2 in general is to provide special municipal services to the area including but not limited to the creation of the modified shopping mall including a full complement of architectural street features consisting of such items as raised planters, bollards, benches, flower pots, trash recep- tacles, pedestrian directory, drinking fountain pedestrian lights, and street lights and underground water irrigation system. The issuance of general obligation bonds in an amount not to exceed Two Hundred and Seventy-Five Thousand Dollars ($275,000.00) at an interest rate not to exceed eight (8) percent and to mature within ten (10) years will be considered at the hearing. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due to discharge the principle thereof at maturity, said tax to be levied upon all taxable property within the proposed special service area. At the hearing, all persons effected will be given an opportunity to be heard. The hearing may be adjourned by the City Council 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 fifty-one (51%) percent of the electors residing within the special service area and by at least fifty- one (51%) percent of the owners of record of the land included within the boundaries of the special service area is filed with the Municipal Clerk within 30 days following the final adjournment of the public hearing objecting to the creation of the special service district, the issuance of bonds for the provision of special services to the area and the levy of a direct tax to pay the interest on such bonds and to discharge the prin- ciple, no such district may be created or enlarged, or no such bonds may be issued. Dated this 30th day of July , 1975. s/ Marie Yearman City Clerk ti Section 5. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard Lo Verbic, Mayor Presented: July 30, 1975 Passed: July 30, 1975 Vote: Yeas 6 Nays 0 Recorded: July 30, 1975 Published: July 30, 1975 Attest: s/ Marie Yearman Marie Yearman, City Clerk The aggregate in the mix shall conform to the following gradation: Passing 1" sieve. . . .100% Passing #4 sieve. . . . 60 to 85% Passing #10 sieve. . . 40 to 55% Passing #40 sieve. . . 15 to 35% Passing #200 sieve. . 5 to 10" DS-08 P.C.C. SIDEWALK. Portland Cement Concrete sidewalk, four feet (4') wide and four inches (4") thick shall be constructed in accordance with Section 624 of "Standard Specifications." This work will be paid for at the contract unit price per square foot for P.C.C. sidewalk (4") , which price shall include all required expansion joints. The sidewalk shall be cured in accordance with Section 625 of "Standard Specifications" at no additional compensation. DS-09 COMBINATION CONCRETE CURB $ GUTTER, TYPE B-6.18. Combination concrete curb and gutter, Type B-6.18 shall be constructed in accordance with Section 616 of "Standard Specifications." This work will be paid for at the contract unit price per lineal foot for Combination Concrete Curb and Gutter, Type B-6.18, which price shall include all expansion joints as required. Curing and protection shall meet the requirements of Article 625.01. DS-10 R.C.C.P. STORM SEWER] TYPE 2. Storm sewer shall be constructed in accordance with Section 603 of "Standard Specifications." Rein- forced Concrete Culvert Pipe, Class III, conforming to ASTM C76 shall be used. This work will be paid for at the contract unit price per lineal foot for Storm Sewer Type 2. DS-11 TRENCH BACKFILL. Trench backfill conforming to Section 210 and Article 703.05 of "Standard Specifications" shall be provided for storm sewer construction as directed by the Engineer. This work will be paid for at the contract unit price per cubic yard for Trench Backfill. Trench backfill purchased by the contractor from an approved source shall be computed at the rate of three thousand (3000) pounds per cubic yard. DS-12 CATCH BASIN TYPE A WITH TYPE 3 FRAME AND GRATE. Catch Basin Type A shall be constructed in accordance with Section 612 of "Standard erk Specifications." Type 3 Frame $ Grate (Cast Grate) shall be provided. This work will be paid for at the contract unit price each for Catch Basin Type A with Type 3 Frame $ Grate. DS-13 CLASS X CONCRETE HEADWALLS. Headwalls shall be constructed of plain class X concrete in accordance with Section 503 of "Standard Specifications." Dimensions shall conform to IDOT Standard #1973, Design Number D12-2 for 12" inside diameter pipe. This work will be paid for at the contract unit price each for Class X Concrete Headwall. DS-14 POROUS GRANULAR EMBANKMENT. Where necessary, porous granular embankment conforming to Section 209 of "Standard Specifications" shall be provided. Locations will be determined by the Engineer in the field. This work will be paid for at the contract unit price per ton for Porous Granular Embankment. DS-15 TOP SOIL $ SEEDING. This work shall be in accordance with applicable portions of Sections 216,642 and 717 of "Standard Specifications." Agricultural fertilizer yielding a 12-12-12 analysis shall be used. Nitrogen coverage shall be at the rate of two lbs. per 1000 square feet. The seed shall be applied at the rate of a minimum of 8 pounds per 1000 square feet and the seed mixture shall be as follows: 41) 50% to 60% Kentucky Bluegrass 30% to 40% Creeping Red Vescue - "Pennlawn" or equal 10% to 20% Annual or Perennial Rye The germination rate shall be 90 percent. Clean straw mulch at the rate of 50 lbs. per 1000 square feet shall be used. This work will be paid for at the contract unit price per square yard for Top Soil and Seeding. DS-16 MANHOLE TO BE ADJUSTED. Manholes shall be adjusted in accordance with Section 6-12 of "Standard Specifications." This work will be paid for at the contract unit price each for Manhole to be Adjusted. DS-17 FIBERGLASS BATTING. Existing watermain on the west side of Airlite Street shall be insulated by wrapping with 2" thick and 2' wide fiber glass batting. It will be paid for at the contract unit price per square foot for Fiberglass Batting 2" thick, 2' wide, which price shall include the cost of furnishing labor, material and equipment. DS-18 BITUMINOUS MATERIALS (PRIME COAT) AND AGGREGATE (PRIME COAT) . Bituminous materials (Prime Coat) conforming to Article 406.02 and Aggregate (Prime Coat) conforming to Article 703.03 shall be used where necessary. This work will be paid for at the contract unit prices per gallon for Bituminous Materials (Prime Coat) and per ton for Aggregate (Prime Coat) . follows: A strip of land 22' in width of the North end of Lots 4 and 5 in Block 16 of the Plat of Elgin (Original Town of Elgin) as laid out by James T. Gifford, excepting that part thereof belonging to the Chicago and North Western Railroad Company (formerly the Galena and Chicago Union Railway Company) for a right-of-way and excepting the easement of the alley 10' in width along the Westerly side of the railway right-of-way afore- said; sometimes known as Lot "B", Block 16 of the Assessors Subdivision of Lots and Blocks in the City of Elgin, Kane County, Illinois, (commonly known as 23 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River described as follows: Beginning at a point in the East Line of Douglas Avenue that is 22.5' South of the South Line of Highland Avenue, thence South along said East Line 22' ; thence Easterly parallel with the South Line of Highland Avenue 131.95' to the Westerly right-of-way of the Chicago and North Western Railway; thence Northwesterly along said right-of-way line, 24.875' ; thence Westerly 120.5' to the point of beginning, subject to the burden and including the benefits of an alleyway 10' wide along the rail- way right-of-way, being situated in Elgin Township, Kane County, Illinois, (commonly known as 21 Douglas Avenue) , also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin on the East Side of the Fox River, described as follows: Commencing at the Northwest Corner of said Lot 5; thence Southerly along the Westerly line of said Lot 5, 44.5' for the point of beginning; thence Southerly along the Westerly Line of said Lot, 22' ; thence Easterly, parallel with the Northerly Line of said Lots 5, 4 and 3 to the Westerly Line of the right-of- way of the Chicago and North Western Railway Company; thence North- westerly along said Westerly right-of-way line drawn Easterly, parallel with the Northerly Line of said Lots from the point of beginning; thence Westerly along said parallel line to the point of beginning, in the City of Elgin, Kane County, Illinois, (commonly known as 19 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Part of Lots 3, 4 and 5 in Block 16 of J. T. Gifford's Original Plat of the Town of Elgin and bounded as follows: to-wit: Beginning on the East Line of Douglas Avenue at a point 66.5' South of the Northwest Corner of said Lot 5; thence South on the East Line of Douglas Avenue 22' ; thence East to the right-of-way of the Chicago and North Western Railway Company; thence Northwesterly along the Westerly Line of said right-of-way to a point 66.5' South at right angles from the North Line of said Lots 3, 4 and 5; thence West to the place of beginning excepting an alley-way 10' wide extending along the right-of-way of said Railroad. Being situated in the City of Elgin, Kane County, Illinois, (commonly known as 17 Douglas Avenue) also That part of the Northeastern Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The Western one third of Lot 6 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River, in the City of Elgin, Kane County, Illinois, (commonly known as 5 Douglas Avenue) also That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Beginning at the Southwest Corner of said Lot 5; thence North along the Westerly Line of said Lot 5, 22' ; thence Easterly parallel with the South Line of said Lots 5, 4 and 3 to the Westerly right-of-way line of the Chicago and North Western Railroady Company; thence Southerly along said Northwesterly right-of-way line to the South Line of said Lot 3; thence Westerly along the South Line of said Lots 3, 4 and 5 to the point of beginning. That part of Lots 3, 4 and 5 in Block 16 of the Original Town of Elgin, on the East Side of the Fox River, described as follows: Commencing at the Southwest Corner of said Lot 5; thence North along the Westerly Line of said Lot 5, 22' for the point of beginning; thence North along the West Line of said Lot 5, 21.5' ; thence Easterly parallel with the South Line of said Lots 5, 4 and 3 to the Westerly right- of-way line of the Chicago and North Western Railroad Company; thence Southerly along said Westerly right-of-way line to a line drawn parallel with the Southerly Line of said Lots 5, 4 and 3 from the point of beginning; thence Westerly along said parallel line to the point of beginning; in the City of Elgin, Kane County, Illinois, (commonly known as 15 Douglas Avenue) . The approximate street location: That part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Intersection of the Center Line of Highland Avenue and the Westerly Line of the Chicago and North Western Rail Road right-of-way; thence Westerly along the Center Line of Highland a distance of 330 feet more or less to a line being parallel with and 66 feet East of Grove Avenue (formerly River Street) ; thence Southeasterly along the aforesaid line a distance of 160 feet more or less; thence Southwesterly at an angle of 90° from the last described course a distance of 18 feet more or less; thence Southeasterly along a line being parallel with and 48 feet East of Grove Avenue (formerly River Street) a distance of 44 feet more or less to the South Line of Lot 2 Block 19 of J. T. Gifford's Plat of the Original Town of Elgin; thence Easterly along the aforesaid South Line a distance of 6.5 feet more or less to the East Line of Lot 3 Block 19 of J. T. Gifford's Plat of the Original Town of Elgin; thence Southerly along the aforesaid East Line of Lot 2 a distance of 10.1 feet more or less; thence South- westerly along a line being perpendicular to the Center line of Grove Avenue (formerly River Street) a distance of 82 feet more or less to the Center line of Grove Avenue (formerly River Street) ; thence Southeasterly along the aforesaid Center line a distance of 128 feet more or less to the Center line of Chicago Street; thence