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HomeMy WebLinkAboutOrdinances - O-99-932 - 09/01/1999 - AUTHORIZE IMPROVEMENTS EMINENT DOMAING AND BONDORDINANCE NO. o-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 therefor 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 W. Waukegan Road, McHenry, Illinois. WHEREAS, the City of McHenry, McHenry County, Illinois (the "City"), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, is now operating under the provisions of the Illinois Municipal Code, as amended (the "Code"), and for many years has owned and operated a municipally --owned waterworks and sewerage system as a combined utility (the "System") as set forth in Division 139 of Article 11 of the Code; and WHEREAS, the City Council of the City (the "Corporate Authorities") has determined that it is advisable, necessary and in the best interests of the public health, safety and welfare to improve the System by expanding the City's central wastewater treatment plant located at 3306 W. Waukegan Road within the City (the "Project"), all in accordance with preliminary estimate of costs therefor, which have been prepared by the City; and WHEREAS, the estimated cost of constructing and installing the Project, including engineering, legal, financial, bond discount, printing and publication costs and other expenses is between $10,000,000 and $15,000,000, and there are insufficient funds on hand and lawfully available to pay the entire cost of the Project; and WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken to meet the future ammonia -nitrogen discharge limits anticipated to be imposed by the Illinois Environmental Protection Agency and provide for additional treatment capacity to N serve future growth and in order to finance the costs thereof it will be necessary for the City to issue up to $15,000,000 in bonds payable from the revenues of the System as authorized to be issued at this time pursuant to Division 139 of Article 11 of the Code and Division 4 of Article 8 of the Code (the "Revenue Bonds"), which proceeds of the Revenue Bonds along with funds on hand and lawfully available will be sufficient to pay the cost of the Project; and WHEREAS, the Revenue Bonds will be in addition to the presently outstanding bonds that are also payable from the revenues of the System; and WHEREAS, the construction of the Project requires construction of additional sanitary sewer improvements through property commonly known as 3302 W. Waukegan Road, McHenry, Illinois, legally described and depicted as "Parcel 1" on the attached Exhibit A, all being within the corporate limits of the City (the "Subject Property"); and WHEREAS, to facilitate the construction of the Project, the City's attorney sent correspondence to the owners of the Subject Property, dated August 17, 1999, attached hereto as Exhibit B; and WHEREAS, no response has been received by the City; and WHEREAS, without the acquisition of the Subject Property, the Project cannot be undertaken; and WHEREAS, the City engineer anticipates a useful life span for the component parts of the Project of at least 50 years; and WHEREAS, it has been determined by the City Council that it is necessary, desirable and in the best interests of the City to institute eminent domain proceedings to acquire the Subject Property in order to construct the Project, which will improve the health, safety and welfare of the public; and -2- WHEREAS, the City has received a written preliminary appraisal indicating that the market value of the fee simple interest of the Subject Property is $812,000 as of July 12, 1999; and WHEREAS, Section 11-139-12 of the Code provides the City with authority and rights of eminent domain for the purposes of acquiring, constructing or improving the System: NOW, THEREFORE, Be It Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Section 1. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this ordinance are full, true and correct and do incorporate them into this ordinance by this reference. Section 2. Determination to Issue Bonds. It is necessary and in the best interests; of the City to construct the Project for the public health, safety and welfare, in accordance with the preliminary estimate of costs as hereinabove described, that the System continue to be operated as a combined utility in accordance with the provisions of Division 139 of Article 11 of the Code, and that for such purpose, there are hereby authorized to be issued and sold the Revenue Bonds in an aggregate principal amount not to exceed $15,000,000. Section 3. Publication. This ordinance, together with a notice in the statutory form (the "Notice"), shall be published once within ten (10) days after passage hereof by the Corporate Authorities in the Northwest Herald, the same being a newspaper published in and of general circulation in the City, and if no petition, signed by l , 2 74 electors, being equal to ten percent (10%) of the number of registered voters in the City, asking that the question of improving the System, as provided in this ordinance, and the issuance of the Revenue Bonds therefor, be submitted to the electors of the City is filed with the City Clerk within thirty (30) -3- days after the date of the publication of this ordinance and the Notice, then this ordinance shall be in full force and effect. Section 4. Additional Ordinances. If no petition meeting the requirements of applicable law is filed during the petition period hereinabove referred to, then the Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this ordinance providing for the issuance and sale of the Revenue Bonds, prescribing all the details of the Revenue Bonds, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of the Revenue Bonds, as set forth in this ordinance is not exceeded and there is no material change in the Project or other purposes described herein. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. This ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of the Revenue Bonds under applicable law. Section S. Authorizing Contract Negotiations and Eminent Domain Proceedings. The City staff and City attorney are hereby authorized and directed to provide the owners of the Subject Property with a written offer to purchase the fee simple interest in the Subject Property for the sum of $812,000. In the event that a response to this offer is not received within fourteen (14) days following the written offer, the City attorney is authorized and directed to institute and maintain eminent domain proceedings to acquire the fee simple interest in Subject Property pursuant to Section 11-139-12 of the Code. 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. Se Section 6. Severability. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. Section 7. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. ADOPTED by the Corporate Authorities on September 1 , 1999. AYES: Bolger Glab McClatchey, Murga royd, Rai rrl NAYS: None. ABSENT: None . APPROVED on September 1 , 1999. ayor, City of McHenry, McHenry County, Illinois PUBLISHED in the Northwest Herald on , 1999. RECORDED in the City Records on 9 - J - 9 9 , 1999. Attest: City Clerk, Ci of McHe , McHenry County, Illinois -5-