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HomeMy WebLinkAboutOrdinances - O-79-210 - 10/23/1979 - SIDEWALK REGS AMENDMENTS0-79-210 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1. Construction of Sidewalk; Location: A sidewalk shall be constructed in the public street in the City on the property line of the abutting lands at the locations designated in Exhibit 1 which is attached hereto and made a part hereof; the construction and cost thereof shall be in accordance with the provisions hereinafter set forth. SECTION 2. Sidewalk Specifications: The sidewalk shall bea ro •feet in width and five inches in depth except where crossing a driveway, at which the depth shall be six inches. It shall be composed of concrete formed by intimately mixing one part of Portland cement, two parts of torpedo sand and three parts of crushed stone, with sufficient clean water to thoroughly wet the mixture, and shall be spread upon the earth subgrade and thoroughly tamped and trowelled to a smooth, even surface. Transverse expan- sion joints three-quarters inch in width shall be provided in the sidewalk every forty feet, unless otherwise specified, and three- quarters inch expansion joints shall be provided between the side- walk and the back of the curb. The joints shall be filled with "Carey" asphalt joint material or material of equal quality. SECTION 3. Bill of Costs; Special Tax List: A Bill of Costs of the sidewalk showing the total cost of construction and supervision shall be made by the Superintendent of Public Works and Buildings of the City, together with a list of the lots, blocks, tracts or parcels of land fronting thereon, the names of the parties who last paid the general taxes on the respective lots, blocks, tracts or parcels, the respective frontage measure- ments thereof, and the cost of such construction attached to each lot, block, tract or parcel of land in proportion to their frontage upon such sidewalk. SECTION 4. Construction by Owner: 'All owners shall con- struct the aforesaid sidewalk in front of or touching upon their respective lots, blocks, tracts or parcels of land in accordance with the specifications of this ordinance within thirty days after the mailing of notice of the passage of this Ordinance, addressed to the party who last paid the general taxer on the respective lots, blocks, tracts or parcels; provided, however, that if an owner shall pay the City fifty percent (5056) of the cost of the sidewalk fronting on his land within said thirty days, the City shall construct or cause said sidewalk to be constructed, and it shall pay the remainder of the cost attributed to said land out of any fund of the City raised by general taxation. SECTION 5. Special Tax List; Installments: If the owner of any lot, block, tract or parcel of land fails or refuses to construct his portion of the sidewalk, or to pay the City fifty percent (50%) of the sidewalk cost attributed to his land, in accordance with the provisions of this Ordinance, the City shall construct the sidewalk or contract it to be done. Thereupon, the Superintendent of Public Works and Buildings shall prepare a Special Tax List, setting forth therein the amount of special taxes to be charged against such defaulting lands on account of the sidewalk construction in proportion to their respective frontage based upon one hundred percent (100%) of the sidewalk cost. However, the aggregate amount of each special tax shall be divided into five annual installments of equal amounts, except that all fractional amounts shall be added to the first installment, so as to leave the remaining installments equal in amount and each a multiple of $100. The first installment shall be due and payable on the second day of January next after the date of the first voucher issued on account of the work done, and the second installment one year thereafter, and so on annually until all installments are paid. The Superintendent shall file in the office of the municipal collector a certificate, signed by the officer or secretary of the board preparing the tax list, of the date of the first voucher and of the amount thereof within thirty days after the issuance thereof. All the installments shall bear interest as provided in this section until paid, at the rate of not to exceed six percent (6%) annually. Interest on assessments shall begin to run from the date of the first voucher issued on account of work done. The interest on each installment shall be payable as follows: On the second day of January next succeeding the date of the first voucher as certified, the interest accrued up to date on all unpaid installments shall be due and payable and it shall be collected with the installment. Thereafter the interest on all unpaid install- ments shall be payable annually and be due and payable at the same time as the installment maturing in that year and be collected therewith. SECTION 6. Warrants; Collection of Special Tax: The Special Tax List shall be filed in the Superintendent's Office, and he shall thereupon issue warrants directed to the municipal collector for the collection of the amount of the special tax so ascertained and appearing from this Special Tax List to be due. In all cases the municipal collector, whenever payment is made of any installment, shall collect all interest that is due up to the date of that payment, whether the payment is made at or after maturity. Any person may at any time pay the whole assess- ment against any lot, block, tract or parcel of land, or any install- ment thereof, with interest as provided in this section up to the date of payment. The municipal collector, or the officer designated to collect the tax, shall proceed to collect the warrants by mailing a written notice to the address of the party who last paid the general taxes on the respective lots, blocks, tracts or parcels of land in the list, that the tax list is in his possession for collection. All money so collected shall be immediately paid over by that officer to the municipal treasurer of that municipality. SECTION 7. Report of Unpaid Special Tax: Upon failure to collect the special tax as hereinbefore provided in this Ordinance, the municipal collector on or before the first day of August in each year, shall make a written report of this special tax to such general officer of the county as may be authorized by law to apply for judg- ment against and sell lands for taxes due the county or state. This report shall also contain an enumeration of (1) all the lots, blocks, tracts or parcels of land upon which this special tax remains unpaid, (2) the names of the respective owners thereof, so far as the names are known to the collecting officer, (3) the amount due and unpaid upon each lot, block, tract or parcel and (4) a copy of the ordinance ordering the construction of the sidewalk. This report shall be accompanied by the oath of the officer that the list is a correct return of the lots, blocks, tracts or parcels of land on which the special tax levied by authority of the municipality for the cost or partial cost, as the case may be, of the sidewalk specified in that ordinance remains due and unpaid,'and that the amounts therein stated as due and unpaid, have not been collected, nor any part thereof. This report, when so made, is prima facie evidence that all the forms and requirements of the law in relation to making that return have been complied with, and that the special tax, as mentioned in the report, is due and unpaid. SECTION 8. Bids: All contracts for the construction or repair of sidewalks when the expense thereof exceeds $1,500, shall be let to the lowest responsible bidder in the following manner: Notice shall be given by the Superintendent by advertise- ment at least twice, not more than 30 nor less than 15 days in advance of the day of opening the bids, that bids will be received for the construction or repair of that sidewalk in accordance with this Ordinance in one or more newspapers published within the municipality, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the muni- cipality. The notice shall state the time of opening the bids. All bids offered shall be accompanied by cash or a check payable to the order of the officer or board having charge of the improve- ment, and certified by a responsible bank, for an amount which shall not be less than 10% of the aggregate of the bid. All contracts shall be approved by the Superintendent. SECTION 9. Publication in Pamphlet Form: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry. SECTION 10. Effective Date: This Ordinance shall be in full force and effect from and after its passage, approval and publication as by law required. PASSED this 23rd day of October AYES: Nolan, Pepping Datz, Harker, Schooley, Meurer NAYS : None ABSENT: Adams, Wieser 1979. APPROVED this 23rd day of October , 1979. ATTEST: MAYOR -3-