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Home My WebLink AboutOrdinance #0715s ORDINANCE N0. (~ I,~ AN ORDINANCE AUTHORIZING AN AGREEMENT FOR THE PURCHASE OF A FIRE AND POLICE FACILITY BY THE CITY OF CANTON, ILLINOIS AND LEVYING TAXES IN CONNECTION THEREWITH. WHEREAS, it is deemed advisable, necessary and in the public interest that the City of Canton, Fulton County, Illinois (hereinafter referred to as 11the City") purchase a fire and police facility (hereinafter sometimes referred to as the "property"); and WHEREAS, such property will serve the public and corporate purposes for which the City is organized; and WHEREAS, pursuant to the provisions of Division 76.1 of Article 11 of the Illinois Municipal Code, the City is authorized to purchase real and personal property for public purposes pursuant to contracts which provide for the consideration for such purchase to be paid in annual installments during a period not exceeding twenty (20) years and to provide for the levy and collection of a direct annual tax sufficient to pay said annual in- stallments; and WHEREAS, Garretts Construction, Inc. of 162 South Fifth Avenue, Canton, Illinois (hereinafter referred to as "the Seller") has agreed to sell such property to the City for the purchase price hereinafter set forth, payable in twenty (20) annual installments; and WHEREAS, it is hereby estimated and determined that it will cost Six Hundred Fifty Thousand Dollars ($650,000.00) plus interest charges, to purchase said property for the City, and funds are not presently available therefor; and WHEREAS, pursuant to the provisions of said Division 76.1 of Article 11 of the Illinois Municipal Code, it is necessary that the corporate authorities of the City adopt an ordinance providing for the purchase of said property - 1 - - ., fit. .. .~. ,.~. and providing for the levy and collection of a direct annual tax sufficient to pay the annual installments provided for by such agreement as and when such installments become due and payable. NOW, THEREFORE, BE IT ORDAINED BY THE CORPORATE AUTHORITIES OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: 1. It is hereby determined that it is advisable, necessary and in the public interest that the City purchase for public purposes a certain fire and police facility, pursuant to an agreement between the City and the Seller providing for the purchase of said property, at a total cost of Six Hundred Fifty Thousand Dollars ($650,000.00) to be paid in twenty (20) installments on the dates and in the amounts set forth in the form of Agreement which is attached hereto and made a part hereof by reference as Exhibit A, with interest at the rate of seven and three-eighths per cent (7 3/8%) per annum on the balance remaining unpaid from time to time. 2. Said Agreement, which shall be in substantially the form attached hereto and made a part hereof by reference as Exhibit A, is hereby approved. 3. From and after the effective date of this ordinance, the Mayor and Clerk of the City are hereby authorized and directed to execute the said Agreement herein provided for, and to do all things necessary and essential, including the execution of any documents and certificates necessary to carry out the provisions of said Agreement. 4. For the purpose of providing the funds required to pay the install- ments of interest and principal required by Paragraph 1 hereof promptly when and as the same fall due, there shall be and there is hereby levied upon all the taxable property within the City, in each year while any of said installments shall be due and unpaid, a direct annual tax sufficient for that purpose, and there is hereby levied on all of the taxable property in the City, in addition to all other taxes, the following direct annual tax, to wit: - 2 • ~`'~ ~. 7.. r YEAR OF LEVY AMOUNT OF TAX 1979 63155.05 1980 63155.05 1981 63155.05 1982 63155.05 1983 63155.05 1984 63155.05 1985 63155.05 1986 63155.05 1987 63155.05 1988 63155.05 1989 63155.05 1990 63155.05 1991 63155.05 1992 63155 .05 1993 63155.05 1994 63155.05 1995 63155.05 1996 63155.05 1997 63155.05 1998 63155.05 .. .. ~ . Any installment coming due at any time when there shall be insufficient funds on hand to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of said taxes herein levied, and when said taxes shall have been collected, reimbursement shall be made to the said funds in the amounts thus advanced. 5. When this ordinance shall become effective, and prior to the closing date specified in said Agreement, a copy thereof certified by the Clerk of the City, which certificate shall recite that this ordinance has been passed by the Corporate Authorities of the City and published, shall be filed with the County Clerk of Fulton County, Illinois, who shall in and for each of the years 1979 to 1998, both years included, ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in each of said years, and in each of said years such annual tax shall be levied and collected. Said taxes shall be used solely for the purpose of paying said installments of principal and interest herein provided when the same shall come due. 6. The funds derived from such levy shall be, and the same are hereby, appropriated and set aside for the sole and only purpose of paying said - 3 - installments of principal and interest as the same become due. 7. This ordinance shall be published twice within 30 days after its passage in the Canton Daily Ledger, a newspaper published and of general circulation in the City. 8. If a petition signed by electors equal in number to five per cent (5%) or more of the total number of votes cast at the last preceding regular municipal election, asking that the question of purchasing the fire and police facility or of entering into said purchase contract be submitted to the electors of the City, is filed with the Corporate Authorities of the City within sixty (60) days after the second publication of this Ordinance, then the Corporate Authorities shall provide by ordinance for the submission of the question to the electors at a special election which they are hereby authorized to call. If no such petition signed by electors equal in number to five per cent (5%) or more of the total number of votes cast at the last preceding regular municipal election shall be filed with the Corporate Authorities of the City within sixty (60) days after the second publication of this Ordinance, then this Ordinance shall be in full force and effect, as provided by Section 11-76.1-3 of the Illinois Municipal Code. PASSED by a vote of at least two-thirds of the Corporate Authorities of the City of Canton, Illinois now holding office, and APPROVED by the Mayor -t r~ thereof this l ~ day of h~! k'i ~ 1979. APPROVED: MAYOR HARLAN E, CROUCH - , } ATTEST: ~~ ^`- ~a~~C~~L --_"~ ~'_"~ ~~ . k. i u,: CITY CLERK NANC S. WHITES - 4 - ~: .~ ~ ., ~LCv` AGREEMENT FOR THE PURCHASE OF A FIRE AND POLICE FACILITY BY THE CITY OF CANTON, ILLINOIS. THIS AGREEMENT dated this ~.7 -1- N day of l~ N y , 1979, between the CITY OF CANTON, a municipal corporation in the County of Fulton and State of Illinois (hereinafter referred to as "the City") and GARRETTS CONSTRUCTION, INC., an Illinois corporation, of 162 South Fifth Avenue, Canton, Illinois (hereinafter referred to as "the Seller"). WITNESSETH: WHEREAS, the corporate authorities of the City have determined that it is desirable, necessary and in the public interest that the City purchase for public purposes afire and police facility (hereinafter referred to as` "the property"); and WHEREAS, Division 76.1 of Article 11 of the Illinois Municipal Code authorizes the City to purchase real and personal property for public pur- poses pursuant to a contract which. provides for the consideration for such purchase to be paid in annual installments during a period not exceeding twenty (20~ years and to provide for the levy and collection of a direct annual tax sufficient to pay the annual installments when and as the same become due and payable; and WHEREAS, Seller has agreed to sell the property to the City on an installment basis as hereinafter provided for; NOW, THEREFORE, in consideration of th.e mutual covenants and agreements hereinafter contained and other valuable considerations, it is mutually agreed between the Seller and the City as follows: 1. Seller agrees to sell the property to the City and the City agrees to purchase the property from the Seller for the sum of Six Hundred Fifty. Thousand Dollars ($650,000.00?, with interest at the rate of seven and three- eights per cent (7 3/8%) per annum on the balance of the principal remaining unpaid from time to time, and will be payable in twenty (20) annual instal l ments due on January 2 of each of the years 1981 to 2000, inclusive. Interest - 1 - t ~ , _ S _, at said rate shall accrue from the effective date of this agreement until the principal amount shall have been paid. Installments of interest and principal will be due on January 2 of each of the following years and in the following amounts: PRINCIPAL YEAR AMOUNT INTEREST TOTAL 1981 15217.55 ~ 47937.50 63155.05 1982 16339.84 46815.21 63155.05 1983 1.7544.90 45610.14 63155.05 1984 18838.84 44316.21 63155.05 1985 20228.20 42926.84 63155.05 1986 21720.03 41435.01 63155.05 1987 23321.89 39833.16 63155.05 1988 25041.88 38113.17 63155.05 1989 26888.71 36266.33 63155.05, 1990 28871.76 34283.29 63155.05 1991 31001.05 32154.00 63155.05 1992 33287.38 29867.67 63155.05 1993 35742.32 27412.73 63155.05 1994 38378.31 24776.73 63155.05 1995 41208.72 21946.33 63155.05 1996 44247.86 18907.19 63155.05 1997 47511.14 15643.91 63155.05 1998 51015.08 12139.96 63155.05 1999 54777.45 8377.60 63155.05 2000 58817.28 4337.76 63155.05 The City shall have the right on the first day of any month to prepay said purchase price, without penalty or premium, by paying the balance of the principal amount of Six Hundred Fifty Thousand Dollars ($650,000.00) then remaining unpaid on the date of such prepayment plus the interest / accrued thereon to the date of such prepayment; and the City shall have the right on the first day of any month to prepay any one or more installments of the principal amount of the purchase price, without penalty or premium, by paying said installment or installments plus the interest accrued to said prepayment date on the balance of the principal amount then unpaid. If less than all of the principal amount shall be prepaid, then .prepayments shall be applied to installments in the inverse order of their due date. 2. Seller agrees to construct the property on real property owned by the City, which is legally described as follows, to-wit: - 2 - .. , Lot Number 115 and Lot Number 116 in Swans' Second Addition to the City of Canton, situated in Fulton County, Illinois: Said real property is hereinafter referred to as "the land". The property shall be treated as personal property for the purposes of this agreement despite the fact that it shall be permanently affixed to the land. Seller agrees to construct the property .for the City on the land in accordance with the proposal and drawings attached hereto and made a part hereof by reference as Exhibits A and B and iri accordance with a certain construction contract to be entered into by the parties hereto on or before August 1, 1979. 3. Seller agrees to convey to the City good title to the property by bill of sale or other proper instrument of transfer, with appropriate warranties, sufficient in the opinion of the City to convey good and merchant- able title to the City free and clear of any and all liens or encumbrances. 4. Seller agrees that on or before November 1, 1980, and provided that the City shall have prior thereto adopted and filed the ordinance pro- viding for .the levy of a direct annual tax referred to in Paragraph 7 hereof, Seller shall convey to the City all of its right, title and interest in and to the Property and to deliver possession of the property to the City. The date of such conveyance and delivery is hereinafter referred to as "the closing date." 5. Prior to the closing date, Seller shall deliver to the City all necessary contractor's and subcontractor's affidavits and all necessary waivers and releases from all persons who shall have performed work and labor, furnished services, or supplied equipment, materials or supplies in connection with the property in order to assure that payment for said labor, materials, equipment or supplies have been or will be made, and to assure that no mechanic's lien claims shall be claimed or filed against the property. - 3 - is r 6. It is understood and agreed by and between the parties hereto that the payments required under the terms of this agreement shall be a general obligation of the City, and that the total amount due Seller, including interest as herein provided, together with all currently out- standing indebtedness of the City, do not exceed the statutory and consti- tutional limitations as to the incurring of indebtedness by the City. 7. The City will levy a tax in amounts sufficient to pay the install- ments of principal and interest herein provided, and the City will, prior to the closing date, .file its ordinance with the County Clerk of Fulton County, Illinois, all in accordance with an ordinance adopted on May 15, 1979 authorizing this agreement. 8. This agreement may be assigned by the Seller at any time, but written notice of any such assignment shall be given by the Seller to the City. The City may rely and shall be protected in acting upon any instrument of asignment or notice thereof believed by it to be genuine, and shall have no duty to inquire into the authority for or the validity or effectiveness of any such assignment. 9. All notices and demands required hereunder shall be in writing and shall be deemed to have been given or made when delivered personally or when mailed by registered or certified mail, postage prepaid, addressed. as follows: If to the Seller, at: Garretts Construction, Inc. 162 South Fifth Avenue If to the Municipality, at: Canton, Illinois 61520 Canton City Clerk Canton City Hall 210 East Chestnut Street Canton, Illinois 61520 IN WITNESS ~~IEREOF, the Seller has caused this agreement to be executed by its President and attested by its Secretary and the official seal of the - 4 - ~~ ~ . . ~, .x ~ i Seller to be hereunto affixed, and the City has caused this agreement to be executed by its Mayor and attested by its Clerk and the official seal of the City to be hereunto affixed, all as of the day and year first above written. GARRETTS CONSTRUCTION, INC., SELLER BY 7~T~~_ VERNON A. GARRETTS Its President (SEAL) ATTEST: Its Se etary CITY OF CANTON ~~- BY ~,/" HARL E. ROUCH Mayor (SEAL) ATTEST: ~ ZCiC/' ~ '~ %f NAN S. WHITES Clerk - 5 - ~ 1. ~ ~ ~ ' • EXHIBIT A PROPOSAL FOR POLICE & FIRE FACILITY This proposal is to build a police & fire facility in accordance with the preliminary plans as dracm by Hanahan Company, Architects, dated February 28, 1979, and attached hereto as Exhibit B. 4 ~ l a i r Construction of the building would be on the property owned by the City of Canton at Spruce Street and First Avenue. All drive and parking areas are included in this proposal and would be bounded by concrete curb and gutter. Sidewalks are also included, including new sidewalks on Spruce Street and First Avenue. This proposal is priced to exclude any basement or below grade areas. The areas shown on the Architect's plan as stairways would be employed to make mechanical room and storage areas. Included in this proposal are the following: (A) Foundation walls shall be 12 inch concrete block with 2 inch styrafoam perimeter insulation. (B) Office area floors shall be 4 inch concrete reinforced with 6-6-10 wire mesh. Concrete shall be poured over a plastic film vapor barrier and the sub base for concrete shall be a minimum of 4 inch fill sand. The garage floor shall be 6 inch concrete reinforced with 6-6-10 wire mesh. (C) Exterior wall shall be face brick with 8 inch L.W. block back up. Exterior walls in office area shall be furred on inside, insulated with one inch styrafoam and covered with 5/8 inch gypsum board and plaster. Exterior walls in garage shall be L.W. block painted. (D) Interior non-bearing walls shall be 3-5/8 inch steel studs with 5/8 inch thick gypsum board and plaster. (E) Jail area "Security" ~valls shall be 8 inch concrete blocks, reinforced and poured full with concrete. (F) Jail area "Security" ceilings shall be 6 inch thick reinforced concrete. (G) Jail doors and "Security" partitions are included. (H) Roof framing stall be steel joist with steel roof deck. - 1 - :, , ;. • - , (I) Roof insulation shall be 2 inch thick urathrene. (J) Roofing shall be tar and gravel installed to 20 year specifications. (K) A facia shall be installed using fire resistant prefinished material. (L) Overhead garage doors will be of prepainted steel. They will be sectional and have electric operators. (M) Entry doors and lobby doors shall be aluminum with ~ inch tempered glass. (N) Interior door frames will be hollow metal. (O) Interior doors shall be either 1-3/4 inch thick hollow metal or 1-3/4 inch solid core wood as the need or code requires. (P) Lay in one hour rated accoustical ceiling the is included except for garage area. (Q) Vinyl asbestos floor the is included for all areas except garage and storage areas. (R) Metal toilet partitions are included where indicated. (S) Interior borrowed light frames shall have ~ inch thick wire glass. (T) Interior windows shall be vinyl clad with insulating glass. (U) Included is all electrical, plumbing, heating and air conditioning. Air conditioning shall be included for all areas except garage and storage. (V) Painting and decorating is .included allowance - $17,000.00. (W) Included are all exterior drive and parking areas with six inch crushed rock base and 2 inch asphalt paving. (X) Concrete curbs are included.. (Y) A $6,000.00 landscaping allowance is included. (Z) A 30 foot tapered aluminum flagpole is included. (AA) 24 ten inch aluminum building sign letters are included.' NOTE: We do include in price of this building, all arthitectural and engineering fees. We do include all soil and concrete testing. We do include all required insurance. NOTE: We do not include demolition of existing building, building permit fee, water usage fee, special equipment such as radio or alarm, fire hose racks, fire extinguishers, gasoline pump or furniture, sales tax on materials, sewer or water tappage fees. Cost of Proposal -------------------------------------------- $ 650,000.00 • GARRETTS CONSTRUCTION INC. .~ -i BY ~ >Y.- _ ~~~ ~~~u-c~.~ VERNON A. GARRETTS - 2 - ATE OF ILLINOIS ) SS COUNTY OF FULTON ) I, Nancy Whites, City Clerk of the City of Canton, in the County of Fulton, and State of Illinois, do hereby certify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, and that the foregoing is a true and correct copy of the Ordinance ~~ 715 adopted by the City Council of said City and approved by the Mayor on the 15th day of ~ 1979. WI'i'i~SS my hand and the Corporate Seal of the City of Canton, Illinois this 2nd day of Auk t 1979. CITY