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HomeMy WebLinkAboutOrdinance #250 4 C�uncil: 5/7/68 • : - . , r • Ordina,nce read by �►Tit7.,e on].y�� ` . , ' > . � { �� ORDINANCE N0. ,� . AN OftDIAtANCE PREPARED AND TRANShiITTED AND ITS PASSAGE RECOP�NDED BY THE BOARD OF LOCAL IMPROVEME�NTS OF THE CITY OF CANTON� ILLINOIS, �'ROVIDTNG FOR TiiE LOCAL Ir�l'ROVENIENT OF CERTAIN PORTIONS OF EA3T ASH STREET� NORTH TWELFTH AVENUE AND NORTH FOUR,TEENTH AVENUE IIJ THE CITY 0�' CANTON, ILLINOIS, FORMING A CONNECTED SYSTEM OF PAVEMENT AND DESIGNATED "CANTON PAVING TMPROVEMENT N0. 68-C," BE TT OR,DATNED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: Seetion 1. ESTABLISHMEATT, 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 Flil.ton, and State of Illino3.s� as provided by Article 9� D3.vision 2, of the ��.l�.z�4is Nfun3.cipal Code, to be known as "Canton Pavement Improvement No. 68-C." The na,ture, character, location, extent, and estimated cost of whieh local improveYnent is as follows� to-wit: That the roadway of Ash Street, Twelfth Avenue and Fourteenth Avenue here- inafter desaribed be improved by the constructian of a 1-3/4 inch Bitumi.nous Conerete Binder Course and a 1 inch Bituminous Concrete Surface on a Gravel or Crushed Stone Base Course� Type B, Combination Concrete Curb and Gutter together with necessary Drainage 'Structures and appurtenances; That the pavement herein provided to be conatructed on East Ash Street shall be uniforml.y 36.0 feet in width as measured between front face of curb from Eleventh Avenue to the East Corporate Limits; That the pavement herein provided to be constructed on Fourteenth Avenue a�ll be uniform].y 36.0 feet in width as measured between front face of curb from Fast Chestnut Street to E�..at Ash Street; That the pavement herein provided to be constructed on �aelfth Avenue sha.11 be uniforml.y 3i,:.0 feet in width as measured between front face of curb from F.�.st Ash Street to Ea.st Olive Street; That the necessary atorm water inlets� storm sewers and appurtenances for pavement drainage be eonstructed along the lines of the improvement. � � r ' . , � That the removal of ex3.st3n� catch ba.sins and inlets shall include excava- tion and backfilling. That all necessary excavation, grading, shaping and compacting of the sub- grade prepa.ratory to placement of the pavement and curbing be done, which ex- cavation and grading to incluc�e the removal of all earth� oil surface, walks� culvert pipes and other obstructi.ons of whatever nature within the pavement and curbing area, the removal of whieh is necessary for the construction of the proposed improvement. That where abutting sidewalks do not raeet the grades of the proposed curbs� said sidewalks shall be made to conform to the proposed improvement grade by takin� up the required amount of such existing sidewalk and replacing an equal kind and quaZity of same to conform to the proposed improvement grades end ma�A a neat and servieeable �unetion. That the parkways along the line of' the proposed curbs shall be �raded and smoothed ta the top of the proposed curb grade on a back sl.ope not exceeding one vertical to three horizonta7.. In sll other respects the construction shall eonform to the requ9.rements as set forth in the "Standard Specificsttions for Road and Bridge Construction" prepared by the Department of Public Works of the State of Illinois and adopted by said Department� January 2, 1958, and Renisions and Additions thereto, whieh are now on file in the office of the City Clerk of this City. That �the tota.l cost of the improvement, including aZl necessary labor� materials, machinery, tools and equipment, far the Local Improvement in the said City of Canton, Tllinois, is the suza of �214��OQ.QO, which said estimate is itemized and is attached hereto and made a part of this Ordi.nance by refer- ence thereto. -2- -. � � . i That a more detailed description of the matters heretofore recited, refer- ence is hereby ma.de to the plans, profiles and drawings hereto attache@� which plans, profiles and drawings are hereby made e�cpressly a part of this Ordinance. That all elenationa and �r€ides of the center line of the finished improve- ment� the top of the finished curb, the storm water inlets, valve ma,nholes, and necessary ad3ustment to grades shall conform to �nd be identical with the elena- tions and grades a.s shown by the plans, speci$ications and pro£iles bearittg date April 1, 1968, prepared by Crawford, Mur�hy and Til1y, 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 Ordina.nce by referenee as though set out herein in full, a copy of sueh plans, specificationa and profiles being attached hereto. That such grades anci elevations are shown in said plans, specifications and profiles being attached hereto. 'That such gz�dea and elevations are shown in said plans, specifications and profilea and are measured in feet and decimal parts thereof and are detexYmined from a bench mark� the location of which is shown on said plans, specificativns and profiles. Section 2. DEFINITIONS. That whenever the words defined below are uaed in the Ordinance or in the spFCi.fications 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 Publie Works and Buildings" shall be interpreted to mean the Board of Local Imprcroements of the City of Canton, Illinois; "Engineer" sha.11 be interpreted to mean the engineer employed by the City of Canton, Illinois; '�State Treasurer of I111nois" shall be interpreted to mean the Citq Treasurer of Canton, Illinois; "Contraetor" shall be interpreted to mean the person, firm or cvr- poration to whom the work or contract for this improvement is awarded and the agents� assigns and employees thereof. -3- V� , ` Seetion 3. APPROVAL OF PLANS, ETC. The,t the maps� plans and specifications for this improvement� hereto attached, and hereinbefore referred to, are h�reby approved and made a part of this Ordinance the same as if ineorporated in this C�rdin�.nce in full. In case of eonflict with the parts o£ said specifications and speeial provisions, the special provisions shall control. Section k. SUPERVISI01�. 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. Seetion 5. N,EC�MMENDATION APPROVED. That the Reoomanendation of the Board of LocaZ Improvements of the City of Canton, Illinois, recommending and providing for the aforeaaid loeal improvement, together with the Estimate of the Cost thereof, as ma.de and itemized by and over the si�mature of the IIzgineer of �aid Boa,rd, both attaehed hereto� be and the same are hereby approved, and made a part hereof the same as if they were incorporated herein in fu11. Section 6. ASSESSMENT, ETC. �'hat said Local Improvement shall be ma.de and the eost of said loeal improvement being the sum of �210,000.00, as shown by the estimate of the En�;inPer of said City of Canton, Illinois, attached hereto and made a part hereof� including the sum of �10,663.23 being the amount ineluded in the estimate of said engineer as the cost o£ ma,king, levying and collecting the aseesament therefore, the court costs� attorneys' fees and the lawful expenses attending the same� and including the sum of �21�616.22, bein� the amount ineluded in the estimate of said engineer as the cost of engineerin�, inspection and super- vision, sha11 be paid by special assessment, to be levied upon the contiguoua property s�pecifieally to be benefited to the amount that the same may be legally assesaed therefore in accordance with the provisions of an Act of the General Assembly of the State of Illinois, entitled "I1linois Municipal Code", Article 9� Division 2, approved Ma.y 29, 1961, in force July 1 , 1961 � and acts aaiendatory thereto -4- , • \ . (�aith-Hurd Statutes of Illinois, 1967, Ch. 24, Sections 9-2-1 to 9-2-1L,./., both inclusive). That the said swn of �10,663.23 shall be applied towards the paying of the lawful expenaes of making, levying and collecting the said asaessments and the court costs, attoi-ney's £eee and lawful expenses attending the same, and the sum of �21,616.22 ahall be applied towards paying the cost of the en- gineering, 3nepection and supervision 3neident to said improvement as provided by law. Section 7. INSTALLMENTS. That the aggregate amount herein ordered to be assesaed against the property and each lot� p3ece, tract or parcel to be asaessed� and the amount to be asseseed, if any, agai.nst the C3ty of Canton, Illinois, as and for publie benefit� shall. be divided into ten (10) annual inst�llments so that all installments shall be equal in amount except that all fra.ctional amounts shall be added to the first inatallment so as to leave the remaining insta.11mente of the aggregate equal in amount and each a multiple of one hundred dollar� (�100.00); said first installment ahall 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 aeid improvement� and the second installment one year after� and so on annually until all of the said instsllments are paid� and all of said installmenta ahall bear interest at the ra.te of five per centum (��) 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 eonfirmed a certificate si med by its secretary of the date of said first voucher and the amount thereof within thirty (30) days after the issuance thereof. Section 8. BONHS. That for the purpose of antieipating the collection of the second and suceeeding installments of said special assessment for said local improvement, bonds shall be issued payable out of th�e aforesaid 3.nstallments� —5— a � ' bearing interest at the rate of five per centum (5�) per annum, payable a.nnually� and aaid bonds shall be signed by the Mayor, I'resident of the Board of Local Im- provements, of the C3ty of Canton, Illinoi.s, attested and countersigned by the City Clerk of said City� Under the corporate eeal of the said City of Canton, Illinois, and said bonds shall be issued in the svms of one Hundred dollars (�100.(�) each or some mu].tiple thereof� and shall be dated and draw interest from the date of the issuing the �ame� except when issued in exchange for vouchers heretofore issued in pa.yment of work, then said bonds shall bear interest from the same date as the voucher for which they were axchanged or the date to whieh 3nterest Was last paid on said voueher. Interest coupons attached to the bonds shall bear facaimile signatures of the same officers who signed the bonds and sha11 be pay- able at the offiee of the City Treasurer. Sa.id bonds shall be isaued in accord- ance with and in all respects pursuant ta the provisions and rec�uire�ents of an Aet of the General Assembly of the State of Illinois, entitled "Illinoia Muriicipal Code", Article 9, Division 2, approved Me,y 29, 1961 , in force July 1 , 1961, and all acts amendatory thereto. {Smith-Hurd Statutes of Illinois, 1967, Ch. 24� 3ections 9-2-1, ta 9-2-1/�1,., both inclusive). Section 9. PR�CEDt7RE. That the Mayor of the City of Ca.nton, Illinois, on behalf of the said City �s hereby directed and instructed to file a Petition in the Circuit Court of the Ninth Judicial Circuit of I1linois, �'ulton County, in the name of the City of Canton, Illinois� praying that ateps may be taken to levy a special assessment for the �aid improvement in accordance with the provisions of this Ordinance and in the manner prescribed by law. Seetion 10. GENERAL PROVISTONS. That all actions taken in and bas�d on thi� Ordinance is and shall be urider and pursuant to the terms and provis3ons of an Act of the General Assembly of the State of Illinois entitled "Illinois N�unicipal Code", Article 9, Division 2, 5ections 9-2-1 to 9-2-11,4, both inclusive, approved -6- r . Ma.y 29, 1961 , in force Ju1y 1, 1961 , and al1 additions and acts amendatory thereto. (�n3.th-Hurd 8tatutes of Illinois, 1967, Ch. 24, Sections 9-2-1 to 9-2-11,�., both ittclusive.) Section 11. REPEAL. That all ordinances and parts of Ordinances in any w�y conflicting with this Ordinance, be, and the same are hereby repealed. Section 12. WHEN EFFECTIVE. This Ordinanee shall be in fu11 force and ef- Pect from and after 3ts passage by the City Council and approval hy the Ma.yor ac- cording to law. PASSED by the City Council of the City of Ca.nton, 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 I�y A. D. 1968. APPBOV�D: L�"� � MA R. r. �� � ATTEST: CITY CLERK. -7-