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HomeMy WebLinkAboutT11-96 P' Ordinance No. T11-96 AN ORDINANCE PROVIDING FOR THE MAKING OF A LOCAL IMPROVEMENT IN AND FOR THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS BE IT ORDAINED by the Mayor and City Council of the City of Elgin, Kane and Cook Counties, Illinois : Section 1 . That a local improvement shall be made in the City of Elgin, Kane and Cook Counties , Illinois, the nature, character, locality and description of which improvement is as follows : Curb and gutter, sidewalks, storm sewer and street paving including earth excavation, pavement base and surface courses, together with all necessary appurtenances in the streets, avenues and places as follows : STEWART AVENUE Thirty ( 30 ) feet wide from the center line of Dundee Avenue to 170 feet west of the center line of Dakota Avenue a distance of two thousand two hundred twenty (2220) feet, and PARKWAY AVENUE Thirty ( 30) feet wide from the center line of Dundee Avenue to 170 feet west of the center line of Dakota Avenue a distance of two thousand two hundred fifty ( 2250 ) feet, and TROUT AVENUE Thirty ( 30 ) feet wide from the center line of Parkway Avenue to the center line of Stewart Avenue a distance of three hundred twenty-five ( 325) feet, and TROUT AVENUE Thirty ( 30 ) feet wide from the center line of Stewart Avenue north from the center line of Stewart Avenue a distance of one hundred sixty-five ( 165) feet, and VICTOR AVENUE Thirty ( 30) feet wide from the center line of Parkway Avenue to the center line of Stewart Avenue a distance of three hundred twenty-five ( 325) feet, and r"' ELMA STREET Thirty ( 30 ) feet wide from the center line of Dundee Avenue east from the center line of Dundee Avenue a distance of six hundred twenty ( 620 ) feet, and LUDA STREET Thirty ( 30 ) feet wide from the center line of Dundee Avenue east from the center line of Dundee Avenue a distance of seven hundred ( 700 ) feet, and PRESTON AVENUE Thirty ( 30 ) feet wide from the center line of Ludlow Avenue to the center line of Ford Avenue a distance of six hundred sixty ( 660) feet, and PRESTON AVENUE Thirty ( 30 ) feet wide from the center line of Congdon Avenue to the center line of Ludlow Avenue a distance of three hundred and fifty ( 350) feet, and HARTWELL AVENUE Thirty ( 30) feet wide from the center line of Preston Avenue east from the center line of Preston Avenue a distance of five hundred thirty ( 530) feet, and TROUT PARK BOULEVARD Thirty ( 30) feet wide from a point on a curve at the intersection of Sherwood Avenue and Trout Park Boulevard to the center line of Dundee Avenue a distance of seven hundred ten ( 710) feet, and GLENWOOD AVENUE Thirty ( 30 ) feet wide from the center line of Sherwood Avenue to the center line of Dundee Avenue a distance of seven hundred twenty ( 720) feet, and OAKHILL ROAD Thirty ( 30) feet wide from the center line of Sherwood Avenue to the center line of Dundee Avenue a distance of seven hundred ten ( 710) feet, and SHERWOOD AVENUE Thirty ( 30 ) feet wide from 320 feet south of the center line of Oakhill Road to a point on a curve at the intersection of Sherwood Avenue and Trout Park rft Boulevard a distance of one thousand two hundred eighty ( 1280 ) feet. Section 2 . That the recommendation of the Board of Local Improvements of the City of Elgin, providing for the improvement, and the estimate of the cost thereof made by the President of the Board of Local Improvements , both hereto attached and made part hereof, be, and the same are hereby approved. Section 3 . That said improvement shall be made and the whole cost thereof, together with an amount not exceeding six per cent ( 6% ) of the estimated cost, to-wit: Four million, two hundred three thousand, six hundred thirty-seven dollars ( $4 , 203, 637 ) , which is hereby provided for to apply towards the cost and expense of making, levying and collecting said special assessment and all other expenses allowed by law, being the amount included in the estimate thereof, shall be paid by special assessment, in accordance with the Illinois Municipal Code, Article 9 , Division 2 , and amendments thereto. Section 4 . That the aggregate amount herein ordered to be assessed against the property and against the municipality, if any, and also the assessment on each lot and parcel of land herein assessed shall be divided as follows : The said assessment to pay the cost of construction of said improvement and the cost of levying, making and collecting said assessment and all expenses allowed by law, shall be divided into ten ( 10) installments, in the manner provided by the statute in such case made and provided. So much of the aggregate amount of the assessment as represents the cost of levying, making and collecting the special assessment and all expenses allowed by law, together with all fractional amounts so as to leave the remaining installments of the aggregate assessment equal in amount and each in multiples of $100 . 00 shall be apportioned to the first installment of the said special assessment . The first installment shall be due and payable on the 2nd day of January next after the filing of the first voucher issued on account of work done on the said improvement. The second installment of said assessment shall be due and payable one year thereafter, and so on annually until all assessments have been paid. IT IS HEREBY made the duty of the Board of Local Improvements of the City of Elgin, to file in the Office of the Clerk of the Court in which such assessment was confirmed, a certificate signed by the Secretary of the Board of Local Improvements of the City of Elgin of the date of the first voucher and the amount of the said voucher, within thirty ( 30) days after the issuance of the said voucher. All installments shall bear interest until paid at the rate of seven per cent ( 7% ) per annum, being the rate now permitted by law. Interest on all installments shall begin to run in accordance with the provisions of the Illinois Municipal Code, Article 9 , Division 2, and amendments thereto. Interest on such first installment shall be due and payable and shall be collected at the same time as the first installment. Interest on the second and succeeding installments shall be due and payable and shall be collected with the installments respectively as in said Code relating to special assessment provided. Section 5 . That for the purpose of anticipating the collection of the second and succeeding installments of said assessment for the cost of said improvements, the City of Elgin shall issue bonds payable out of said installments, bearing interest at the rate of seven per cent ( 7%) per annum, being the rate now permitted by law, signed by the Mayor of the City of Elgin, and attested to by the City Clerk of said City. Said bonds shall be issued in accordance with and shall in all respects conform to the provisions of the Illinois Municipal Code, Article 9, Division 2, and amendments thereto. Section 6 . That the Mayor of the City of Elgin be and he is hereby directed to file a Petition in the Circuit Court of the Sixteenth Judicial Circuit, Cook County, Illinois, in the name of the people of the City of Elgin, praying that steps be taken to levy a special assessment for the purpose of defraying the expense of said improvement so far as the same may lawfully be done and to ascertain what property will be benefited, in accordance with the provisions of this ordinance, and in the manner prescribed by law. Section 7 . That all ordinances, or parts of ordinances, in conflict with this ordinance, be, and the same are hereby repealed. Section 8 . That this ordinance shall be in full force and effect from and after its passage and approval thereof according to law. ;4////' Kevin Kelly, Mayor Presented: April 10, 1996 Passed: April 10, 1996 Vote: Yeas 6 Nays 0 Recorded: April 11 , 1996 Published: Attest : Do onna Mecum, City Clerk