Loading...
HomeMy WebLinkAboutOrdinances - O-87-426 - 08/05/1987 - PROVIDE FOR LOCAL IMPROVEMENT PROJECT MCHENRY SHOR0-87-426 AN ORDINANCE PROVIDING FOR A LOCAL IMPROVEMENT BY SPECIAL ASSESSMENT (CITY OF MCHENRY, ILLINOIS LOCAL IMPROVEMENT PROJECT NO. 31) BE IT ORDAINED BY THE CITY_ COUNCIL OF THE CITY OF' MCHENRY, MCHENRY COUNTY, ILLINOIS as follows: SECTION 1. There shall be made within the City of McHenry, Illinois a local improvement project consisting of a sanitary sewer system for the primary purpose ::f prov;_ding service to the following platted subdivisions: McHenry Shores Unit 1, McHenry Shores Unit 2, McHenry Shores Unit 3, McHenry Shores Unit 4, McHenry Shores Unit 5, and Idyl Dell Subdivisions. SECTION 2. That the aforesaid local improvement project shall consist of approximately 27,777 lineal feet of 8-inch and 1,824 lineal feet of 10-inch ABS or PVC composite or ductile iron sewer, 1,428 lineal feet of 15-inch ABS or PVC composite or 16-inch ductile iron sewer, 183 lineal feet of 8-inch ductile iron sewer, 2,786 lineal feet of 18-inch reinforced concrete or ductile iron sewer, 130 manholes, a pumping station with two 350-gallon per minute pumps and approximately 602 lineal feet of 6-inch ductile iron force main, and a main pumping station with two 700-gallon per minute pumps and approximately 2,798 lineal feet of 12-inch ductile iron force main. Also included are 6-inch ABS or PVC house service connections to within five feet of the lot line of the approximately 640 lots served by the system, and restoration of street, driveway and lawn surfaces disturbed during construction. The plans for the project, consi.st.i_ng of drawings showing the locations, depths and details of -construction of all sewers and force mains and construction details of the pumping stations, and a book of specifications describing the material, workmanship, performance and testing requirements of the project prepared by Baxter. & Woodman, Inc., Environmental Engineers, which are on file in the Office of the City Clerk of the City of McHenry are attached hereto and are hereby incorporated herein by reference. All materials used in the construction of this improvement not specifically herein described shall be of good quality and suitable for the purposes for which they are to be used. All of the above described improvements shall be constructed under the direction, supervision and to the satisfaction of the City of McHenry, Illinois Board of Local Improvements, and all the necessary' labor and work shall be performed in a good and workman like manner. All construction methods and materials used in the Construction of the improvement herein provided for shall conform with the requirements of the plans and specifications prepared by Baxter & Woodman, Inc., which are attached hereto and incorporated herein by reference. SECTION 3. The construction of the proposed improvement also requires the taking or acquisition of permanent easements on the following described property, to wit. A permanent 10 foot wide sanitary sewer easement, together with a 25 foot wide temporary construction easement, centered on a straight line which commences at a point on the Westerly line of Lot 20 in Block 24 in McHenry Shores Unit No. 3, a distance of 19 feet South of the rear lot line of said Lot 20 and which ends at a point on the Westerly line of Lot 18, a distance of 25 feet South of the rear lot line of said Lot 18. ANT) A T.SC1 A permanent 20 foot wide sanitary sewer easement, together with a 30 foot wide temporary construction easement., along and abutting the Northerly lot lines of Lots 1 through 8 inclusive in Block 37 in McHenry Shores Unit No. 5. AND ALSO A permanent 20 foot wide sanitary sewer easement, together with a 30 foot wide temporary construction easement., along and abutting upon the Northerly lot lines of Lots V , 10, 111 14, 15, 18, 19, 221 23 and 26 in Idyl Dell Subdivision. AND ALSO A permanent utility easement located within the right-of-way of Prairie Street as platted in Idyl Dell Subdivision. The attorney for the City is hereby authorized and directed to institute proceedings for the determinaton of the price to be paid for each property, or damages to property not taken and for the acquisition of such property as provided by law. K SECTION 4. The Recommendation of the City of McHenry, Illinois Board of Local Improvements, including the project plans and specifications and the -Estimate of Cost thereof, all of which are attached hereto be and the same are hereby approved. _ SECTIONS 5. That the aforesaid local improvement project shall be made and the whole cost thereof, which is estimated to be $2,984,822.00, shall be paid for by special assessment in accordance with Article 9, Division 2 of Chapter 24 of the Illinois Revised Statutes, as amended. An amount not to exceed $2,399,394.50, which is included in the aforesaid whole cost of the improvement, is hereby provided for to apply toward the total estimated construction costs of the improvement. An amount not exceeding 60 of the total estimated construction, costs, to wit, $143,963.75, and which is included in the aforesaid whole cost of said improvement, is hereby provided for to apply toward the payment of all lawful costs and expenses incurred in making, levying and collecting the special assessment for said improvements, and also the entire cost and expense attending to the making and return of the assessment roll, the legal notices and the court costs and cost of printing of bonds. An amount not to exceed $297,500.00, and which is included in the aforesaid whole cost of said improvement, is hereby provided for to apply toward the payment of the cost of engineering and inspection services connected with said local improvement. An amount not to exceed 6% of the total estimated construction costs, to wit, $143,963.75, and which is included in the aforesaid whole cost of said improvement, shall be applied to establishing a reserve for deficiency in interest. SECTION 6. The aggregate amount herein ordered to be assessed and each individual assessment shall be divided into ten (10) installments. Such division shall be made so that all installments shall be equal in amount, except that all fractional amounts shall be added to the first installment so as to leave the remaining of the aggregate equal in amount and each a multiple of $100.00. The first installment shall be due and payable on January 2, next after the date of the first voucher issued on account of construction work done, and the second installment, one year thereafter and so on annually until all installments are paid. All installments shall bear interest as hereinafter provided until paid at a rate not to exceed the greater of 3 9 o annually or 70 0 of the Prime Commercial Rate in effect at the time of the passage of this Ordinance. Interest on assessments shall begin to run from the date of the first voucher issued on account of the construction work done. Interest on each installment shall be paid as follows: On January 2, next succeeding the date of the first voucher as certified, the interest accruing up to that Time on all unpaid installments shall be due and payable with the installment and thereafter the interest on all unpaid installments then payable shall be payable annually and collected therewith. In all cases, the Collector, whenever payment is made on any installment, shall collect interest thereon up to the date of such payment, whether the payment be made at or after maturity. Any person may at any time pay the whole assessment against any lot, piece or parcel of land, or any installment thereof with interest as herein provided up to the date of the payment. SECTION 7. For the purpose of anticipating the collection of the installments of said assessment for said improvement, bonds shall be issued payable out of the income of the combined sewer and water system of the City of McHenry, Illinois, bearing interest at a rate not to exceed the greater of 9% annually or 70o of the Prime Commercial Rate in effE�ct at the time of the passage of this Ordinance, payable annually, and signed by the Mayor of the City of McHenry and attested by the City Clerk, under the corporate seal of the City. SECTION 8. 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 ascertain what property will be benefited by said improvement and the amount of such benefit and also that steps be taken to levy a special assessment for said improvements in accordance with the provisions of this Ordinance and in the manner prescribed by law. SECTION 9. All ordinances in conflict with this Ordinance be and the same are hereby repealed. SECTION 10. This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 11. This Ordinance shall be in full force from and after its passage, approval and publication as by law provided. PASSED THIS 5th DAY OF August , 1987. 4 AYES: Bolger,, McClatchev, Nolan, Patterson, Serritella, Smith, Teta NAYS:— None , ABSTAIN: None ABSENT: Li eder NOT VOTING: None APPROVED THIS 5th DAY OF August 9 7. &/Z&& & ATTEST: �CIT�YAP YOR 5