HomeMy WebLinkAboutOrdinance #306 T y�4
� � �
�•
`
ORDINANCE NO. -���'
AN ORDINANCE PREPARED AND TRANSMITTED AND ITS PASSAGE RECOMMENDED
BY THE BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF CANTON, ILLINOIS,
PROVIDIN� FOR THE LOCAL IMPROVEMENT OF CERTAIN PORTIONS OF SYCAMORE
STREET, TENTH AVFNUE, OLIVE STREET, NORTH SIXTH AVENUE, AND MYRTLE
STREET IN THE CITY OF CANTON, ILLINQIS, FORMING A CONNECTED SYSTEM
OF PAVEMENT AND DESIGNATED "CANTON PAVIN� IMPROVEMENT N0. 70-A"
BE IT ORDAINED BY THE CITY COUNCIL aF THE CITY OF CANTON,
ILLINOIS :
, SECTION 1. ESTABL�SHMENT, 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 "Paving Improvement No. 70-A". 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 Surfac� Course,
Class I, Combination Concrete Curb and Gutter together with necessary
storm sewers, drainage structures and appurtenances.
That the pavements herein provided to be constructed on
Sycamore from 5th ,Avenue, to 7th Avenue ; Tenth Avenue from Myrtle
Street North for one-half block; Olive from 7th Avenue to llth
Avenue ; North Sixth Avenue from Spruce Street to Custer Place shall
be uniformly 30.0 feet in width as measured between front face of
curbs.
That the pavement herein provided to be constructed on
Myrtle Street from 8th Avenue to llth Avenue shall be uniformly
36.0 feet in width as measured between front face of curbs.
In all respects the construction shall conform to the
requirements as set forth in the "Standard Specification for Road
and Bridge Construction" 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, grading, 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 serviceable 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 of said City of Canton, Illinois, is the
sum of �188,000.00, 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, prof iles an d drawings
are hereby made expressly a part of this Ordinance.
That all elevations and grades of the center line 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 and profiles bearing date
of January 1, 1970, prepared by Crawford, Murphy and Tilly,
Consulting Engineers, of the City of Springfield, I1linois , and
now on file in the office of the City Clerk of the City of Canton,
Illinois, and made a part of this Ordinance by reference as though
set out herein in full, a copy of such plans, specifications and
profiles being attached hereto . That such grades and elevations
are shown in said plans, specif ications and prof iles 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, spe�ifications and prof iles.
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 and 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 �188,000.00 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 �9,283.06 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
specif ically to be benef ited 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 l, 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 sum of �9, 283.06 shall
be applied towards the paying the lawful expenses of making,
levying and collecting the said assessments and the court costs,
attorneys ' fees and 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 , sha11 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 (�100.00) ; said
first installment shall be due and payable on the secon d (2nd}
day of January next after the date of the f irst 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 f irst voucher and the amount thereof within thirty (30) days
after the issuance thereof.
SECTION 8. BONDS. That for the purpose of anticipating
the collect ion 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 of the City of Canton, Illinois, attested and
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 drakT 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 sha11
bear facsimile signatures of the same officers who signed the
bonds an d sha11 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 and 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
l, 1961 , an d 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, I1linois, 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 , �alton 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 �rdinance and in the manner prescribed
by law.
SECTION 10. GFNERAL PROVISIONS. That all actions taken
in an d based on this Ordinance is and sha11 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 l , 1961 and a11 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 �rdinance be, and 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 an d 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
�._,�
/'l Glti-� _, A.D. 1970.
-� i
APPROVED: � '""
ATTEST: �� ���� L_�`�L�`��,�^-' z.`�"-��'.
CITY CL RK.
�