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T1-92 Ordinance No. T1-92 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 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 : CHICAGO STREET thirty-four ( 34) feet wide from the east line of Clifton Avenue to the west line of Melrose Avenue a distance of two hundred ninety (290) feet, and /r► WESTON AVENUE thirty-five ( 35) feet wide from the south line of Van Street to the center line of South Street a distance of three thousand four hundred fourteen (3,414) feet, and CLIFTON AVENUE thirty-five ( 35) feet wide from the south line of Larkin Avenue to the north line of South Street a distance of four thousand eighteen (4,018) feet, and MELROSE AVENUE thirty-five to thirty-seven ( 35-37) feet wide from the south line of Erie Street to the north line of South Street a distance of one thousand six hundred twelve ( 1,612) feet, and ALDINE AVENUE thirty-five ( 35) feet wide from the south line of Erie Street to the north line of South Street a distance of one thousand four hundred twenty one ( 1,421) feet, and ALFRED AVENUE thirty-five (35) feet wide from the south line of Erie Street to the north line of South Street a distance of one thousand four hundred forty four ( 1,444) feet, and EDISON AVENUE thirty-five (35) feet wide from the south line of Erie Street to the north line of South Street a distance of one thousand seventy one ( 1, 071) feet, and VAN STREET thirty-one (31) feet wide from the east line of McLean Boulevard to the west line of Melrose Avenue a distance of nine hundred forty one (941) feet,and SHULER STREET thirty five ( 35) feet wide from the east line of McLean Boulevard to the west line of Melrose Avenue a distance of nine hundred thirty two (932) feet, and CARR STREET thirty-five ( 35) feet wide from the east line of McLean Boulevard to the west line of Melrose Avenue a distance of nine hundred forty one (941) feet, and ERIE STREET thirty-one to thirty-five (31-35) feet wide from the east line of McLean Boulevard through the intersection of Edison Avenue a distance of one thousand nine hundred and fifty ( 1,950) feet, and MEYER STREET thirty-five (35) feet wide from the east line of McLean Boulevard to the west line of Alfred Avenue a distance of one thousand six hundred twenty two ( 1,622 ) feet, and r r LILLIAN STREET thirty-nine (39) feet wide from the east line of Clifton Avenue to the center line of South Street a distance of seven hundred seventy (770) feet, and SOUTH STREET thirty-five to forty-one (35-41) feet wide from the center line of Weston Avenue to the west line of Marguerite Street a distance of three thousand two hundred sixty ( 3,260) feet, and COMMONWEALTH AVENUE thirty-four (34) feet wide from the south line of Morgan Street to the north line of Adams Street a distance of three hundred fifty nine (359) feet, and MARGUERITE STREET thirty-one (31) feet wide from the south line of Morgan Street to the north line of Adams Street a distance of three hundred thirty three (333) 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 Seven Hundred Sixty-Four Thousand Six Hundred Dollars ($4,764,600 .00) , 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 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 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, Kane 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. George nDeVoorde, Mayor Presented: February 12, 1992 Passed: February 12, 1992 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: titAz Dolonna Mecum, City Clerk r r