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HomeMy WebLinkAboutResolutions - R-88-12 - 05/23/1988 - Special Assessment 31, McHenry Shores & Idyl Dell. .. RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS APPROVING AN ESTIMATE OF DEFICIENCY IN CONNECTION WITH THE CONSTRUCTION OF A SANITARY SEWER SYSTEM PROJECT KNOWN AS CITY OF MCHENRY LOCAL IMPROVEMENTS PROJECT NO. 31, RECOMMEND THAT THE CITY OF MCHENRY PROCEED WITH SAID LOCAL IMPROVEMENT PROJECT AND PETITION THE CIRCUIT COURT IN MCHENRY COUNTY CASE NO. 87-TX-9 TO LEVY A SUPPLEMENTAL SPECIAL ASSESSMENT TO MEET THE ESTIMATED DEFICIENCY WHEREAS, on the 4th day of May, 1988, the City of McHenry, Illinois Board of Local Improvements received and opened bids regarding the City of McHenry Local Improvement Project No. 31 pertaining to the sanitary sewer system project in McHenry Shores Units No. 1, 2, 3, 4, and 5, Idyl Dell Subdivision and adjoining property; and, WHEREAS, the lowest responsible bid that was received at said bid opening was in the amount of $2,710,044.00; and, WHEREAS, the original estimated cost of construction of said special assessment project was $2,399,394.50; and, WHEREAS, the first assessment for the aforesaid local improvement project is insufficient to pay the contract price; and, WHEREAS, the Corporate Authorities of the City of McHenry have authorized the expenditure of $110,650.00 from its non -special assessment funds to reduce the deficiency between the aforesaid bid and the original estimate of cost of construction so that the estimated deficiency in the payment to the contractor is less than 10% of the original estimated cost of construction of said local improvement project. NOW, THEREFORE, BE IT RESOLVED by the City of McHenry, Illinois Board of Local Improvements as follows: 1. That the Board of Local Improvemens Estimate of the Amount of the Deficiency which is attached hereto and which is made a part hereof, is hereby approved. 2. That the attached Board of Local Improvements Recommendation to the Governing Body of the City of McHenry, Illinois that the City proceed with the aforesaid sanitary sewer system local improvement project is hereby approved. 3. That the Board of Local Improvements hereby approves the attached draft of the ordinance providing for a supplemental assessment to meet the estimated deficiency after the use of the aforesaid non -special assessment funds of the City. 4. That the aforesaid estimate of the amount of the deficiency shall be filed in the aforesaid Circuit Court of McHenry County Special Assessment proceedings and that a copy of this Resolution, together with a copy of the aforesaid Estimated Deficiency, Recommendation and draft ordinance be submitted to the Governing Body forthwith. PASSED AND ADOPTED THIS 23RD DAY OF MAY, 1988 PURSUANT TO ROLL CALL VOTE AS FOLLOWS: AYES Bolger, Nolan, Teta, Leider, McClatchy, Patterson, Serritella NAYS None ABSENT Smith President, oard of Local Improvement , City of McHenry, IL RECOMMENDATION OF THE BOARD OF LOCAL IMPROVEMENTS REGARDING CITY OF MCHENRY, ILLINOIS LOCAL IMPROVEMENT PROJECT NO. 31 TO: City Council of the City of McHenry, Illinois The undersigned being members of the Board of Local Improvements of the City of McHenry, Illinois, submit herewith the attached Resolution of said Board of Local Improvements finding that the first assessment is insufficient to pay the contract price of said project, making an estimate of the amount of the deficiency and recommending that the City of McHenry proceed with the aforesaid Local Improvement Project. The Board of Local Improvements herewith submits a draft of an ordinance providing for a Supplemental Assessment to meet estimated deficiency and does hereby recommend its passage. DATED THIS 23RD DAY OF MAY, 1988 Board of Local Improvements, City of McHenry, McHenry County, Illinois President Member Member ..Member Member Member Member Member Member IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT MCHENRY COUNTY, ILLINOIS IN THE MATTER OF A CITY OF MCHENRY, ILLINOIS SPECIAL ASSESSMENT FOR A LOCAL IMPROVEMENT PROJECT FOR CONSTRUCTION OF A SANITARY SEWER SYSTEM FOR PROVIDING SERVICE TO MCHENRY SHORES UNITS 1 THROUGH 5 INCLUSIVE AND IDYL DELL SUBDIVISIONS ESTIMATE OF DEFICIENCY No. 87 TX 9 The Board of Local Improvements of the City of McHenry, McHenry County, Illinois, herewith submits an estimate of the amount of the deficiency by which the first assessment is insufficient to pay the contract price of the Local Improvement described in the above captioned case. Total Amount of First Assessment as Confirmed $2,984,822.00 Contract Price DEDUCT: Payments to Contractor with Non -Special Assessment Funds Contract Price Subject to Special Assessment DEDUCT: Original Estimated Cost of Construction Estimated Special Assessment Deficiency in Payment to Contractor DATED: May 23, 1988 2,710,044.00 110,650.00 2,599,394.00 2,399,394.50 199,999.50 Respectfully submitted, ,By: Board of Local Improvements, City of McHenry, Illinois President Member Member Member Member Member Member Member Member 2 AN ORDINANCE PROVIDING FOR A SUPPLEMENTAL ASSESSMENT TO MEET THE DEFICIENCY OF THE FIRST ASSESSMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. That the expenditure of non -special assessment funds of the City of McHenry, Illinois in the amount of $110,650.00 to pay for a portion of the George W. Kennedy Construction Co. bid proposal has been heretofore approved by the Corporate Authorities, thereby resulting in an estimated deficiency in the first assessment of less than ten percent (10%) of the original estimated cost of construction of said local improvement project. SECTION 2. That the Recommendation of the City of McHenry, Illinois, Board of Local Improvements dated May 23, 1988, a copy of which is attached hereto and made a part hereof is hereby approved. SECTION 3. That the Estimate of Deficiency of the Board of Local Improvements of the City of McHenry, Illinois, a copy of which is attached hereto, is hereby approved. SECTION 4. The City of McHenry, Illinois shall proceed with said local improvement project notwithstanding said estimated deficiency. SECTION 5. That the attorney for the City of McHenry, Illinois, is designated as the person to file a petition in the Circuit Court of the 19th Judicial Circuit, McHenry County, Illinois as provided by law in the name of the City, praying that steps may be taken to levy a Supplemental Special Assessment for said improvements in accordance with the provisions of this ordinance and in the manner prescribed by law. SECTION 6. That all ordinances in conflict with this ordinance be and the same are hereby repealed. SECTION 7. That this ordinance was published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois on May 24, 1988. SECTION 8. That this ordinance shall be in full force from and after its passage, approval and publication as by law provided. PASSED THIS DAY OF JUNE, 1988. AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF JUNE, 1988. MAYOR ATTEST: CITY CLERK