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HomeMy WebLinkAboutOrdinance #286 � . . , �._ � � . v _ �. , � � . ORDINANCE N0. �,��- AN ORDINANCE PR�PARED AND TRA:�TSMITT�D A�'� I'�S PASSAGE RECOMMENDED BY TI-�E BOA�.D OF LOCA�� IM�'FZOtl�Nfi NTS OI' T�I� CITY 0� CANTON, ILLINOIS , PROVYDING T'OR T�.� �-,��^L I1�IPROV� .�.�= 0: CEIZiAIN �'O�.T�Gi�TS OI{ t�IES�i' W��.�itJT STI2ELT IN `�IIE CITY OF CANTON, ILLINOIS , I'O�titING A COVNECTED SYSTII�'11 OF PAVEMENT AND DESICz1VATFD "CANTON PAVE�'VT AND BR.ID�E (OV�R BI� CREEK) IMPRO�TE�^'iENT N0. 69-B" . BE IT ORDAINED BY THE CITY COUNCIL OF T�iE CITY OF CANTON, � ILLINOIS : SECTION 1. ESTABLISI-�'IENT, 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 S�ate of Illinois , as provided by _'lrticle 9, Division 2 of the I13ia�ois Municipal Code, to be known as "Canton Pavement and Bri�ge �m�rove- 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 hereina.�ter 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 an d a��ur�tenances. Also the construction of a three (3) span (I @ 30 ' and 2 C� 2� ' ) Reinforced Concrete continuous slab Bridge over Big Creel:. That the pavement herein provided to be constructec3 on �aest Walnut Street shall be uni�'ormly 36.0 feet in wiath as measured between front face of curbs from Avenue ""D" to 1��est Corporate Limits (Arterial Street �8 Extension) . In all respects the construction sha11 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 o�' Illinois and adopted by said Department August l , 1968 and rev�sions and additions thereto, which are now on fi�e in the office of the� City Clerk of this City. T�at •th� necessary storm eaater inlets , storm sewers and appurtenances for pavement drainage be constructed along the lines of the improvement . That the removal of existin� catch basins and inlets s::ui.l include excavation and backfilling. That all necessary excavation, gra.�ing, shaping ane� compacting of the sub-grade preparatory to placement of the pavement and cur�ing be done , which excavation and grading to include the removal of all earth, oil surface, wallcs , culvert . , � . ' . . . , , pipes and other obstructions of whatever natuYe within the pavement and curbing area, the r�emoval of whic� is necessa:y for the construction of tne ;��'o�ose� �m�rovemc�t. That where abutting sidewalks do not meet the grades of the proposed curbs, said sidewallts sha11 be made to conform to the proposed im�rovement grade by talcinb up the required amount of such existing sidewallc an d replacing an equal kind and quality of same to conform to the proposed improvement � grades and ma.�e a neat and ser��c eable junction. '�hat the park�aays along the line of the pr�posed curbs shall be graded, smoothed and seeded to the top of the proposecl curb grade on a back slope not exceedin� one vertical to three horizontal . That the total cost of the improv�e:n�ent , includinb all necessary labor, materials , machinery, tools and equipment, for the Local Improvement in the said City of Canton, lllinois , 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, whic� plans , profiles and drawings are hereby made expressly a part of this Or�di�nance. That all elevations and grades of i:�e center line of the f inished improvement , i,i�e top o�' the �i�ished cu�b, the storm water inlets , valve manholes , and,�necessGYy adjustment to grades shall conform to and be identical with the e�evations and grades as shown by the plans , specifications an d profiles bearing date of May 9, 1969, preparec by Crawfnrd, Murphy and Tilly, Consulting En�ineers , o� the City of Sprin�field, Illinois , and now on file in t�e office of the City Clerk of the City of Canton , Illinois , and made a �'art of this Ordinance by reference as though set out 1�erein in full, a copy of' such plans, specifica- tions and profiles being attached �ereto. That such grades and elevations are shown in said plans , specifications and profiles bein� attached hereto. That such g�ades and elevations are s:�own in said p1ans , specifications and profiles and are measured in feet and decimal parts thereof and are determined from a �encn rnark, the location of which is shown on said plans , specificat�ons and profiles. SECT30N 2. DEFINITIONS. That whenever the words defined i t w , • ,� . 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 o.f Public E�Torlcs and Buildings`" shall be interpreted to mean the Board of Local Impravements of the City of Canton, Illinois ; 01Engineer'' shall be interpreted to mean the engineer employed by the City of Canton, Illinois ; `'State Treasurer of �llinois"' shall be interpreted to mean the City '�reasurer of Canton, Illinois ; "Contractor°' shall be inter;�reted to mean -�he person, firm or corporation to whorn the work or contract for this improvement is awarded and the agents , assigns and employees thereof. SECTION 3. APPROVAL OF PLA.NS , ETC. That the rnaps , plans and specifications for this improvement , here�o ai;tac��ed, 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 o:� said speci�ications and special provisions , t�e s�ecial provisions shall co�Ytrol. SECTION 4. SUPERVISION. '�hat a11 the aforesaid local improvement shall be under the supervision and direction of the Board of Local Improvements of the City of Canton, Ill�:.�is . SECTION 5. RECOMMENDATION A�'P20VED. That the t�.ecommendation of the Board of Local Improvements of the City of Canton, Illinois , recommending and providing for the aforesaid local improvement , to�ether 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 herzby 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 $32G , 950.00 as shown by the estimate of the F1ngineer of said City of Canton, Illinoi� attac�ed hereto and made a part hereof, including the sum of �16 ,210.98 being the amoun t included in the estimate of said engineer as the cost of making, levyia�b 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 tne amount that the same may be , r , . le�ally assessed ther�efore in accordance with the ��ovisions o� an Act of the General Assembly of the State of Ilr :::�ois, entytled "Illinois Municipal Code", Article 9, £;:vs-sion �, �:I%i��oved i`:ay 29, 1961, in force �Yuly 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 said sum of �16 , 210.98 shall be applied towards the payin� the lawful eapenses of making, levyin� and collecting the said assessments an d the court costs , attorneys ' fees an d lawful expenses attending the same as provided by law. SECTION 7. INSTA�LLNIENTS . T��at the aggregate amoun� herein ordered to be assessed aga�.r�st the property and each lo� , niece, tract or parcel to be assessed, and ti�e amount to be assessed, if any, agains�; the City of Can�on, Illinois , as and for public benefit , shall be divided into ten (10) annual installments so that all installments shalT be equal in amount except that a11 fractional amounts shall be added to the first installm�ent so as to leave the remaining installmea�ts of the agbregate equal in �mount and each a multiple of One �-�undred �ol.lars (�100.00) ; said first installment shall be due and payable on the second (�r�u) day of January next after the date of tlle first vouc�er issued on account of work done on sa�d improvement , and the second insta.�lme�at one year after, and so on annually u�til a�3� of the said installments are paid , and a�3 0� said insta�lme�ts shall bear interest at the rate of six per centum (6%) per a��num, 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 sibned by its secretary on the date of said first voucher and the �mount 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 payabie out of the aforesaid installments , bearing interest at the rate of six per centum (6%) per annum, payable annua3.ly, and said bonds shall be signed by the Mayor, President of the Board of Local Improvements , ai' the City of Canton, Illinois , attested and countersigned by the City Clerk of said City, unc�er the corporate seal of the said City of Canton, Illinois , and said bonds shall beissued 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 :;.ie issuing thc same, except when issued in exchange for vouchers heretofore i: sued in payment of work, then said bonds shall bear interest fram the same date as the voucher f.or wha.ch they werc cxciaangccl ol� tl�e dai;e 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 sha11 be issued in accordance with and in all respects pursuant to the provisions an d requirement-s of an Act oi 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 all acts amendatory thereto . (Smith-Hurd Statutes of Illinois , 1967 , Ch. 24, Sections 9-2-1 , to 9-2-144, both inclusive. ) SEC�'ION 9. PROCEDURE. That �he Mayor of the City of Canton, Illinois , on behaZf 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 o.f 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 PR.OVISIONS. ��hat . all actions talcen in and based on this Ordinance is and shall be �nder and pursuant to the terms and provisions of an Act of t�e General Assembly of the State of Illinois entitled "`I1linois Municipal Code" , Article 9, Division 2, Sections J-2-1 to 9-2-1�4, both inclusive, approved May 29, 19�1 , in force �uly l , 1961 and all additions and acts amendatory t hereto. (Sma.th-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. L�THEN EFF�CTIVE. '�i�is Ordinance shall be in full force and effect from and after its passage by the City Council and approval by the Mayor according ta law. PASSED by the City Council of the City of Canton, Illinois , and signed and approved by tlze M�yor of said City and deposited in t he Office af the Clerk of said City, this �� day of December, A.D. 1969. APPR.OVED: ��'✓ � / � ,�r�--f u� , MA 0�' ATTEST: ` CI�I'Y LERK.