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HomeMy WebLinkAboutResolution #513RESOLUTION N0. c 5 ~~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: That the proposed Ordinance entitled "AN ORDINANCE PREPARED AND TRANSMITTED AND ITS PASSAGE RECOMMENDED BY THE BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF CANTON, ILLINOIS, PROVIDING FOR THE LOCAL IMPROVEMENT OF CERTAIN PORTIONS OF WEST WALNUT STREET IN THE CITY OF CANTON, ILLINOIS, FORMING A CONNECTED SYSTEM OF PAVEMENT AND DESIGNATED '"CANTON PAVEMENT AND BRIDGE (OVER BIG CREEK) IMPROVEMENT N0. 69-B"' with the Recommendation and Estimate of Cost of the proposed Improvement be referred to the Committee on Streets, Alleys, Crossing and Sidewalks and that the publication in full of said Ordinance, with the Recommendation and Estimate be made in the Canton Daily Ledger. PASSED by the City Council and approved by the Mayor this ~ day of November, A.D. 1969. APPROVED: ~~ Y ATTEST: .~ ~ ORDINANCE N0. AN ORDINANCE PREPARED AND TRANSMITTED AND ITS PASSAGE RECOMMENDED BY THE BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF CANTON, ILLINOIS, PROVIDING FOR THE LOCAL IMPROVEMENT OF CERTAIN PORTIONS OF WEST WALNUT STREET IN THE CITY OF CANTON, ILLINOIS, FORMING A CONNECTED SYSTEM OF PAVEMENT AND DESIGNATED "CANTON PAVEMENT AND BRIDGE (OVER BIG CREEK) IMPROVEMENT N0. 69-B". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: SECTION 1. ESTABLISHMENT, ETC. That a local improvement be, and the same hereby is, originated to be made by special assessment within the City of Canton, County of Fulton and State of Illinois, as provided by Article 9, Division 2 of the Illinois Municipal Code, to be known as "Canton Pavement and Bridge Improve- ment No. 69-B". The nature, character, location, extent, and estimated cost of which local improvement is as follows, to-wit: That the roadway of the street hereinafter described be improved by the construction of a 6-1/2 Bituminous Aggregate Mixture Base Course and a 1-1/2" Bituminous Concrete Surface Course, Class I, Combination Concrete Curb and Gutter together with necessary storm sewers, drainage structures and appurtenances. Also the construction of a three (3) span (1 @ 30' and 2 @ 24') Reinforced Concrete continuous slab Bridge over Big Creek. That the pavement herein provided to be constructed on West Walnut Street shall be uniformly 36.0 feet in width as measured between front face of curbs from Avenue '"D" to West Corporate Limits (Arterial Street #8 Extension). In all respects the construction shall conform to the requirements as set forth in the "'Standard Specification for Road and Bridge Construction"r prepared by the Department of Public Works and Buildings of the State of Illinois and adopted by said Department August 1, 1968 and revisions and additions thereto, which are now on file in the office of the City Clerk of this City. That the necessary storm water inlets, storm sewers and appurtenances for pavement drainage be constructed along the lines of the improvement. That the removal of existing catch basins and inlets shall include excavation and backfilling. That all necessary excavation, gra:~ing, shaping and compacting of the sub-grade preparatory to placement of the pavement and curbing be done, which excavation and grading to include the removal of all earth, oil surface, walks, culvert pipes and other obstructions of whatever nature within the pavement and curbing area, the removal of which is necessary for the construction of the proposed improvement. That where abutting sidewalks do not meet the grades of the proposed curbs, said sidewalks shall be made to conform to the proposed improvement grade by taking up the required amount of such existing sidewalk and replacing an equal kind and quality of same to conform to the proposed improvement grades and make a neat and ser~ac eable junction. That the parkways along the line of the proposed curbs shall be graded, smoothed and seeded to the top of the proposed curb grade on a back slope not exceeding one vertical to three horizontal. That the total cost of the improvement, including all necessary labor, materials, machinery, tools and equipment, for the Local Improvement in the said City of Canton, Illinois, is the sum of $326,950.00, which said estimate is itemized and is attached hereto and made a part of this Ordinance by reference thereto. That for a more detailed description of the matters heretofore recited, reference is hereby made to the plans, profiles and drawings hereto attached, which plans, profiles and drawings are hereby made expressly a part of this Ordinance. That all elevations and grades of the center lin e of the finished improvement, the top of the finished curb, the storm water inlets, valve manholes, and necessary adjustment to grades shall conform to and be identical with the elevations and grades as shown by the plans, specifications an d profiles bearing date of May 9, 1969, prepared by Crawford, Murphy and Tilly, Consulting Engineers, of the City of Springfield, Illinois, and now on file in the off ice of the City Clerk of the City of Canton, Illinois, and made a Part of this Ordinance by reference as though set out ~.erein in full, a copy of"such plans, specifica- tions and profiles being attached hereto. That such grades and elevations are shown in said plans, specifications and profiles being attached hereto. That such grades and elevations are shown in said plans, specifications and profiles and are measured in feet and decimal parts thereof and are determined from a bench mark, the location of which is shown on said plans, specifications and prof files. SECTION 2. DEFINITIONS. That whenever the words defined below are used in the Ordinance or in the specifications hereto attached and made a part hereof, or in any proceedings relative to the improvement herein provided for, they shall have the following meanings ""State"" shall be interpreted to mean the City of Canton, Illinois; `"Department of Public Works and Buildings"" shall be interpreted to mean the Board of Local Improvements of the City of Canton, Illinois; "Engineer" shall be interpreted to mean the engineer employed by the City of Canton, Illinois; "''State Treasurer of Illinois"'' shall be interpreted to mean the City Treasurer of Canton, Illinois; "'Contractor"` shall be interpreted to mean the person, firm or corporation to whom the work or contract for this improvement is awarded and the agents, assigns and employees thereof. SECTION 3. APPROVAL OF PLANS, ETC. That the maps, plans and specifications for this improvement, hereto attached, and hereinbefore referred to are hereby approved an d made a part of this Ordinance the same as if incorporated in this Ordinance in full. In case of conflict with the parts of said specifications and special provisions, the special provisions shall control. SECTION 4. SUPERVISION. That all the aforesaid local improvement shall be under the supervision and direction of the Board of Local Improvements of the City of Canton, Illinois. SECTION 5. RECOMMENDATION APPROVED. That the Recommendation of the Board of Local Improvements of the City of Canton, Illinois, recommending and providing for the aforesaid local improvement, together with the Estimate of the Cost thereof, as made and itemized by and over the signature of the Engineer of said Board, both attached hereto, be and the same are hereby approved, and made a part hereof the same as if they were incorporated herein in full. SECTION 6. ASSESSMENT, ETC. That said Local Improvement shall be made and the cost of said local improvement being the sum of $326,950.00 as shown by the estimate of the Engineer of said City of Canton, Illinois, attached hereto and made a part hereof, including the sum of X16,210.98 being the amount included in the estimate of said engineer as the cost of making, levying and collecting the assessment therefor, the court costs, attorneys' fees and the lawful expenses attending the same, shall be paid by special assessment, to be levied upon the contiguous property specifically to be benefited to the amount that the same may be legally assessed therefore in accordance with the provisions of an Act of the General Assembly of the State of Illinois, entitled "Illinois Municipal Code", Article 9, Division 2, approved May 29, 1961, in force July 1, 1961, and acts amendatory thereto (Smith-Hurd Statutes of Illinois, 1967, Ch. 24, Sections 9-2-1 to 9-2-144, both inclusive). That the said sum of X16, 210.98 shall be applied towards the paying the lawful expenses of making, levying and collecting the said assessments and the court costs, attorneys' fees an d lawful expenses attending the same as provided by law. SECTION 7. INSTALLMENTS. That the aggregate amount herein ordered to be assessed against the property and each lot, piece, tract or parcel to be assessed, and the amount to be assessed, if any, against the City of Canton, Illinois, as and for public benefit, shall be divided into ten (10) annual installments 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 installments of the aggregate equal in amount and each a multiple of One Hundred Dollars 0100.00); said first installment shall be due and payable on the second (2nd) day of January next after the date of the first voucher issued on account of work done on said improvement, and the second installment one year after, and so on annually until all of the said installments are paid, and all of said installments shall bear interest at the rate of six per centum (6%) per annum, from the date of the first voucher issued on account of work done on said improvement. And it is hereby made the duty of the Board of Local Improvements to file in the Office of the Clerk of the Court in which said assessment is confirmed a certificate signed by its secretary on the date of said first voucher and the amount thereof within thirty (30) days after the issuance thereof. SECTION 8. BONDS. That for the purpose of anticipating the collection of the second and succeeding installments of said special assessment for said local improvement, bonds shall be issued payable out of the aforesaid installments, bearing interest at the rate of six per centum (6%) per annum, payable annually, and said bonds shall be signed by the Mayor, President of the Board of Local Improvements, cf the City of Canton, Illinois, attested an d countersigned by the City Clerk of said City, under the corporate seal of the said City of Canton, Illinois, and said bonds shall be issued in the sums of One hundred dollars ($100.00) each, or some multiple thereof, and shall be dated and draw interest from the date of the issuing the same, except when issued in exchange for vouchers heretofore issued in payment of work, then said bonds shall bear interest from the same date as the voucher for which they were exchanged or the date to which interest was last paid on said voucher. Interest coupons attached to the bonds shall bear facsimile signatures of the same officers who signed the bonds and shall be payable at the Office of the City Treasurer. Said bonds shall be issued in accordance with and in all respects pursuant to the provisions an d requirements of an Act of the General Assembly of the State of Illinois, entitled ""Illinois Municipal Code"`, Article 9, Division 2, approved May 29, 1961, in force July 1, 1961, and all acts amendatory thereto. (Smith-Hurd Statutes of Illinois, 1967, Ch. 24, Sections 9-2-1, to 9-2-144, both inclusive.) SECTION 9. PROCEDURE. That the Mayor of the City of Canton, Illinois, on behalf of the said City is hereby directed and instructed to file a Petition in the Circuit Court of the Ninth Judicial Circuit of Illinois, Fulton County, in the name of the City of Canton, Illinois, praying that steps may be taken to levy a special assessment for the said improvement in accordance with the provisions of this Ordinance and in the manner prescribed by law. SECTION 10. GENERAL PROVISIONS. That all actions taken in and based on this Ordinance is and shall be under and pursuant to the terms and provisions of an Act of the General Assembly of the State of Illinois entitled ""Illinois Municipal Code"', Article 9, Division 2, Sections 9-2-1 to 9-2-144, both inclusive, approved May 29, 1961, in force July 1, 1961 and all additions and acts amendatory thereto. (Smith-Hurd Statutes of Illinois, 1967, Ch. 24, Sections 9-2-1 to 9-2-144, both inclusive). SECTION 11. REPEAL. That all Ordinances and parts of Ordinances in any way conflicting with this Ordinance be, an d the same are hereby repealed. SECTION 12. WHEN EFFECTIVE. This Ordinance shall be in full force and effect from and after its passage by the City Council and approval by the Mayor according to law. PASSED by the City Council of the City of Canton, Illinois, and signed and approved by the Mayor of said City and deposited in the Office of the Clerk of said City, this day of December, A.D. 1969. APPROVED: er ATTEST: CITY CLERK. 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That as shown by an Affidavit on file herein, Notice of the time and place of the public hearing for the local improve- ment known as Canton Paving Improvement No. 69-B has been given to the persons entitled thereto in accordance with Statutes of the State of Illinois. 2. That representations of any and all persons desiring to be heard have been heard on the subject of the necessity of the proposed improvement, the nature thereof and the cost as estimated. 3. That the Estimate of the Cost of said Improvement as presented by the City Engineer be and the ,same is hereby approved. 4. That the Board deems the proposed improvement is desirable. 5. That the Attorney of this Board be, and he is hereby, directed to prepare an Ordinance in accordance with the Statutes of the State of Illinois to be submitted to the City Council of the City of Canton, Illinois, along with an Estimate of the Cost of the same signed by the City Engineer of said City. 6. That a Recommendation of this Board, signed by at least a majority thereof shall be presented to the City Council of the City of Canton, Illinois, and that this Recommendation shall be prima facie evidence that all preliminary requirements of the law have been complied with. ADOPTED this 20th day of November, A.D. 1969. MENTS OF THE QTY OF CANTON, ILLIN®5 ATTEST : ~~' ~,~ ..CITY RK. STATE OF ILLINOIS, ) COUNTY OF FULTON, ) CITY OF CANTON. ) SPECIAL ASSESSMENT N0. 69-B R E C O M M E N D A T I O N T0: THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: The undersigned, Board of Local Improvements in and for the said City of Canton, Illinois, herewith presents to you a draft of an Ordinance entitled: "An Ordinance prepared and transmitted and its passage recommended by the Board of Local Improve- ments of the City of Canton, Illinois, providing for the local improvement of certain portions of West Walnut Street in the City of Canton, Illinois, forming a connected system of pavement and designated "Canton Pavement and Bridge (over Big Creek) Improvement No. 69-B". The undersigned recommend the making of said improvement, the extent, nature, character, location and description of which is set forth in said draft of said Ordinance herewith transmitted, and also recommend to you passage of said Ordinance. The undersigned also transmit to you herewith an Estimate of the Cost of the proposed improvement as prepared and signed by the Engineer of said Board, which Estimate is itemized to the satisfaction of said Board, and is itemized as far as the Board thinks necessary. DATED at Canton, Illinois, this 25th day of November, A.D. 1969.