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HomeMy WebLinkAboutOrdinances - O-99-932.A - 11/03/1999 - AMEND ORD 0-99-932 REGARDING ISSUANCE BONDS EMINEOrdinance No. 0-99-932A An Ordinance Amending Ordinance No. 0-99-032 Regarding the Issuance of Waterworks and Sewerage Revenue Bonds and authorizing Contract negotiations and Eminent Domain Proceedings Relating to 3302 West Waukegan Road BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Section 5 of Ordinance No 0-99-932, an Ordinance authorizing Improvements to the Waterworks and Sewerage System of the City of McHenry, McHenry County, Illinois, Authorizing the Issuance of Waterworks and Sewerage Revenue bonds Therefore in an Aggregate Principal Amount Not -To -Exceed $15,000,000 and Authorizing Contract Negotiations and Eminent Domain Proceedings Relating to the Property Located at 3302 West Waukegan Road, McHenry, Illinois, shall be amended to read as follows: Section S: Authorizing Contract Negotiations and Eminent Domain Proceedings. The latest written offer by the City Attorney to the owners of the Subject Property, dated October 11, 1999, in the amount of $900,000, to purchase the fee simple interest in the Subject Property, is hereby ratified and approved. In the event that this offer is mot accepted or a counter offer received by 4:00 p.m. on Monday, November 8, 1999, in the Office of the City Administrator at 333 S. Green Street, McHenry, Illinois, the City Attorney is authorized and directed to institute and maintain eminent domain proceedings to acquire the fee simple interest in the Subject Property pursuant to 65 ILCS 5/11-139- 12. The right of eminent domain for the acquisition of the Subject Property is desirable and in the best interests of the City in order to improve the health, safety, and welfare of the public through the proposed sanitary sewer improvements to the City's Central Wastewater Treatment facility. SECTION 2: That the remaining provisions of Ordinance No. 0-99-932 shall remain in full force and effect. SECTION 3: If any section, paragraph, subdivision, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full fore and effect. SECTION 4: All ordinances or parts of ordinance in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. Voting Nay: NONE. Not Voting: NONE. Abstained: NONE. Absent: NONE. Passed and approved this 3rd day of November, 1999. r Signe . Mayor (SEAL) ATTEST: ty Clerk