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T12-75 Ordinance No. T12-75 AN ORDINANCE PROVIDING FOR THE MAKING OF A LOCAL IMPROVEMENT IN AND FOR THE CITY OF ELGIN, KANE COUNTY, ILLINOIS BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS: Section 1. That a local improvement shall be made in the City of Elgin, Kane County, Illinois, the nature, character, locality and descrip- tion of which improvement is as follows: Consisting of curb and gutter, sidewalks, storm sewer and street paving including earth excavation, pave- ment base and surface courses, together with all necessary appurtenances in Lawrence Avenue, Highland Avenue, Wolf Avenue, Sexauer Avenue, Triggs Avenue, Heine Avenue, McLean Boulevard, N. Weston Avenue, N. Clifton Avenue, N. Melrose Avenue, N. Aldine Avenue, N. Alfred Avenue, Highland Court, N. Edison Avenue, to be known as the "Special Assessment District Western Elgin Area 1. The improvement herein provided for and all parts thereof and all appurtenances thereto shall be constructed in the streets, avenues and places as follows:. (111‘ 1. Lawrence Avenue: A 35.0 foot wide pavement from the Easterly line of Hoxie Avenue to the Westerly line of McLean Boulevard. A 40.0 foot wide pavement from the Easterly line of McLean Boulevard to the Westerly line of Wing Park Boulevard. 2. Highland Avenue: A 45.0 foot wide pavement from the Easterly line of McLean Boulevard to the Westerly line of Wing Park Boulevard. A 40.0 foot wide pavement from the Easterly line of Wing Park Boulevard to the Westerly line of DuBois Avenue. 3. Wolf Avenue: A 35.0 foot wide pavement from the Easterly line of McLean Boulevard to the Westerly line of Melrose Avenue. 4. Sexauer Avenue: A 35.0 foot wide pavement from the Northerly line of Highland Avenue to a point 400' North of the Northerly line of Lawrence Avenue. A 17.5 foot wide pavement from the point 400' North of the Northerly line of Lawrence to the rft Southerly line of Liable Avenue (Vacated) . 5. Triggs Avenue: A 35.0 foot wide pavement from the Northerly line of Highland Avenue to the Southerly line of Liable Avenue (Vacated) . 6. Heine Avenue: A 35.0 foot wide pavement from the Northerly line of Highland Avenue to the Southerly line of Liable Avenue (Vacated) . 7. McLean Boulevard: A 45.0 foot wide pavement from the Southerly line of Maple Lane to the Southerly line of Oakley Avenue (Vacated) . 8. N. Weston Avenue: A 35.0 foot wide pavement from the Northerly line of Larkin Avenue to the Southerly line of Lawrence Avenue. A 28.0 foot wide pavement from the Northerly line of Lawrence Avenue to the Southerly line of Oakley Avenue (Vacated) . 9. N. Clifton Avenue: A 35.0 foot wide pavement from the Northerly line of Highland Avenue to the Southerly line of Lawrence Avenue. A 28.0 foot wide pavement from the Northerly line of Lawrence Avenue to the Southerly line of Oakley Avenue (Vacated) . 10. N. Melrose Avenue: A 35.0 foot wide pavement from the Northerly line of Larkin Avenue to the Southerly line of A7)Oakley Avenue (Vacated) . 11. N. Aldine Avenue: A 35.0 foot wide pavement from the Northerly line of Larkin Avenue to a point 340 feet North of the Northerly line of Lawrence Avenue. 12. N. Alfred Avenue: A 35.0 foot wide pavement from the Northerly line of Larkin Avenue to the South line of Highland Avenue. 13. Highland Court: A 28.0 foot wide pavement from the Northerly line of Highland Avenue to a point 145 feet North. 14. N. Edison Avenue: A 48.0 foot wide pavement from the Northerly line of Larkin Avenue to the Southerly line of Highland Avenue. The proposed improvement shall be constructed in the manner and in all respects as shown on the detailed plans and profiles, and as provided in the specifications for this improvement hereto attached and by reference made a part hereof, and all of the same shall be read and construed in connection with this ordinance to make the whole complete and consistant. All reference herein to plans shall be construed to mean such plans as are hereto attached. All reference herein to specifications shall be construed to mean such specifications as are hereto attached. All of such plans and specifications including every line, letter and figure shown thereon describing 10 said improvement, are hereby made a part of this ordinance as though said plans, specifications, lines, letters and figures were described and set forth herein. Where there appears to be a variance between the plans, specifications and description in the ordinance, the plans shall govern and the variance in the specifications and description in the ordinance shall be disregarded. The term "datum" as used herein refer to the "Datum Plane" as heretofore few established in Chapter 4 of the City Code of Elgin entitled "City Datum and Bench Marks", passed February 21, 1955, by the Council of the City of Elgin, Illinois. The words "grade" and "elevation" wherever used herein refer to the height above said datum plane. Where a grade or elevation is given in figures, such figures refer to the number of feet and decimal parts of a foot above said datum plane. For convenience in indicating distances along lines of the improvements on the plane, the total distance along each of the several sections of the improve- ment is divided into stations 100 feet apart. Each such station is numbered with a number corresponding numerically to the distance in hundreds of feet along the line of the improvement from the respective stations to a definitely fixed initial point designated as Station 0. Intermediate points between stations are indicated by numbers preceded by plus signs. Each such number corresponding numerically to the distance in feet along the line of the improvement from the indicated point to the last preceding station. Where such plus sign and number are used in connection with and following a given station to describe a loca- tion, the distance of feet as indicated by the number shall be added to the distance of a described location from Station 0. Any such distance as indicated shall be measured along the center line of the street, and shall refer to a definitely fixed point in said center line and to all points in a line drawn perpendicular to said center line through such definitely fixed point. The word "street" shall be taken to include streets, avenues, courts and places. Whenever distance between parallel lines is given herein, it shall be construed to mean a distance measured along a line perpendicular to such parallel lines and unless otherwise specified where a distance between a point and a line is given herein, it shall be construed to mean a distance measured along a line perpendicular to such given line. The construction of the proposed improvement as herein set forth shall consist of the following: 1. Construction of storm sewer, manholes, catch basins, trench backfill and all of the necessary appurtenances as shown on the plans to effect the proper drainage for the improvement. 2. Excavation and compaction of the sub-base to the lines, grades and cross sections shown on the plans. Grading and compacting the parkways to the lines, grades and cross sections shown on the plans. 3. Construction upon the finished subgrade of a pavement base course of the type and thickness shown in the plans. 4. Placement upon the finished base course of a pavement surface course of the type and thickness shown on the plans. 5. Construction of combination concrete curb and gutter and side- walks to the lines, grades and type shown on the plans. 6. Adjustment of existing utility structures to the grades shown on the plans. 7. Construction and adjustment of such other utility structures as shown on the plans to effect the completion of the improvement. All existing structures within the area of the improvement, including water and gas pipes and valves, electric conduits, sewers and drains, poles carrying telephones, telegraph, electric light and power lines, railroad tracks, pavement, sidewalks, curbs, fences, culverts, or other structures of any kind met with during the prosecution of the work, shall be protected against damage resulting from the making of this improvement, and where damaged, all such structures shall be restored to as good as condition as that existing prior to the commencement of this work. All of the above described improvement shall be constructed under the direction, supervision, and to the satisfaction of the Board of Local Improve- ments of the City of Elgin, Illinois, and all the necessary labor and work shall be performed in a good and workmanlike manner. All lots, blocks, tracts and parcels of land to be herein assessed for the cost of said local improvement shall be at all times hereafter entitled to the use and benefits of said improvements, and that the right, privilege and authority are hereby given and granted to all present and future owners and occupants of such property to use the improvement herein provided for, subject, however, to all reasonable rules and regulations of the City of Elgin, Illinois, now or hereafter in force. 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: TWO MILLION TWENTY-THREE THOUSAND SEVEN HUNDRED NINETY-SIX AND 18/100 DOLLARS ($2,023,796.18), 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 remain- ing installments of the aggregate assessment equal in amount and each in multiples of $100.00 shall be apportionate 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 saie improvement. The second installment of said assess- ment 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 provi- sions 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 install- ments, 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 16th Judicial Circuit, Kane County, Illinois, in the name of the people of the City of Elgin, praying that steps may be taken to levy a special assessment for the purpose of defray- ing 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. PASSED: November 12, 1975 AYES: 6 NAYS: 1 ABSENT: 0 APPROVED: This 12th day of November , 1975. s/ Richard L. Verbic Mayor of the City of Elgin, Kane County, Illinois Attested and filed in my office: This 12thday of November elow 1975. s/ Marie Yearman City Clerk August 24, 1976 MEMORANDUM TO: Leo I. Nelson, City Manager FROM: James H. Bolerjack, Jr. , Finance Director RE: 1976 Tax Levy The tax rate will be much less than originally planned for 1976 payable in 1977. The tax rate had been projected at $1.596 plus the rate for the 1976 G.O. Bond Issue. In addition, the City Council added personnel in the police and fire department which further increased the tax rate. In total the tax rate would have been almost $1.69 if it were not for the RTA Grant. If the assessed valuations projections are -accurate the 1976 rate -- should be only $1.4985 which is only 5.8% more than the 1975 tax rate. Since 1970 when cities were increasing property taxes at an ever increas- ing pace, Elgin has increased property taxes less than the inflation we have all been faced with. As a matter of fact the tax rates were even reduced to a point that the 1974_ rates were less than in 1970. This process used up much of the unencumbered cash to a point where the 1975 tax rate had to be dramatically increased. The City of Elgin is fiscally strong and the 1976 tax levy ordinance will help retain this strength. CITY OF ELGIN COMPARISON OF ACTUAL 1972 - 1975 TAX INFORMATION WITH PROJECTED 1976 (KANE COUNTY TAX RATES) Assessed Valuations $ 225,101 ,246 $ 250,997,736 $ 263,853,789 $ 274,681 ,311 $ 287,000,000 1972 Actual 1973 Actual 1974 Actual 1975 Actual 1976 Estimated Tax Net Tax Net Tax Net Tax Net Tax Net Rate Levy Rate Levy Rate Levy Rate Levy Rate Levy Operational General Funds $ .5390 1 ,200,380 .440 1 ,125,701 .498 1 ,338,022 .67510 1 ,869,171 .7070 2,050,250 Special Revenue Rd. & Bridge (II Twp) .0435 88,726 .042 98,067 .041 112,062 .04275 127,232 .0425 95,000 Public Benefits .0170 37,366 - - .012 32,229 .03590 99,333 .0130 37,235 Public Transportation .0300 66,315 .013 32,946 .027 72,370 .06440 178,267 - - Total Operational $ .6295 1 ,392,787 .495 1 ,256,714 .578 1 ,554,683 .81815 2,274,003 .7625 2,182,485 Fixed Obligations Police Pension $ .1000 220,708 .087 222,508 .105 281 ,722 .11020 305,032 .1210 350,000 Firemen's Pension .1270 280,378 .119 304,200 .138 370,613 .13860 383,697 .1590 460,000 I.M.R.F. .1360 300,259 .141 360,649 .117 314,106 .12260 339,410 .1240 360,000 Bonds & Interest .0870 191 ,921 .081 206,852 .083 222,900 .22640 626,779 .3320 961 ,345 Total Fixed $ .4500 993,266 .428 1 ,094,209 .443 1 ,189,341 .59780 1 ,654,918 .7360 2,131 ,345 Total - Combined $1 .0795 2,386,053 .923 2,350,923 1 .021 2,744,024 1 .41595 3,928,921 1 .4985 4,313,830