T11-96 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