HomeMy WebLinkAboutOrdinance #249 u :
� 5/7/68 Council : ,.
� n � Ord. read by 11Tit1e" only
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ORDINANCE N0. ._�i� "L_` .
AN �RDINANCE PREPARED AND TRANSMITTED AND ITS PASSAGE RECONIMENDED
BY THE BOARll OF LOCAL IMPROVEMENTS OF THE; CITY OF CANTON, ILLINOIS,
PftOVIDED FOR THF LOGAL IMPROVEMENT OF CERTAIN PORTIONS OF EAST
CHESTNUT STREET, EAST ELM STREET� SOUTH SEVENTH AVENUE and lv'ORTH
EIGHTH AVENUE IN THE CITY OF CANTON, ILLII30IS, FORMING A COIdNECTED
SYSTEM OF Pll�TME13T AND DESIGNATED "CANTON PAVING IMPROVEMENT NUN�-
BER 68-A.TM
BE IT ORUAINED BY THE CITY COtTNCIL OF THE CITY OF CANTON, ILLINOIS:
5ection 1 . ESTABLI3HMENT� ETC. That a local improvement be and the saine
hereby is originated to be made by special assesament within the City of Canton,
County of F�.il.ton� and State of Illinois, as provided by Article 9, Division 2�
of the Illinois Muriicipal Code, to be known as "Canton Pavement Improvement
Na� 6g�A�n The nature, character, location, extent, e.nd estimated cost of
which local improvement is as follows� to wit:
That the roadway of Ee�st Ghe�tnut Street hereinafter described be imProved
by the conatruction of a minimum 1/2 inch thickness� Bituminous Concrete
I,eveling Binder� a 1-3/� inch Bituminous Conerete Binder Course and a 1-inch
Bituminous Concrete SuY'face over existing Conarete Pavement and proposed Port-
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�,n�1 Cement Concrete Base Course widenin�, Combination Curb and Gutter to�ether �
wi th ne ce s sary'
dre.inage structures and app�enances.
That the pavement herein provided to be conatructed on Ea.st Chestnut f
hall be uniforml.y 4�•0 feet in width as measured between front faee o
Street s Corrier).
Hi hway 6 (Bradley
ourb fro� F�rteenth Avenue to ���ty g �uth Seventh Avenue and North Eighth
�a,t the roadway of ��t E�m Street, z inch
�X Avenue hereinai�ter
described bg i�nProved by the conatruction of a 1-1/
e Binder Course, and �"��h B�tuminous �n��tg ��ace on
Bituminoua Concret
a new Gre.ne� or Crushed
Stone Base �O�g�� TY�e B� Combina t io n C u r b a n d Gut er
,zs.tenances.
to ether with necessary drainage atr�u,etures and aPP
b constructed on East Elm Street
That the Pavement herein Pr°q�-dEd to be
fro� Tw�lfth Avenue to 'i'�irt��
nth Avenue, 5outh Seventh Avenue from Fast ��
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That the total cost of the improvement, includin� all neaesaary labor,
material,s, machinery, toola and eqvipment, for the Loaal Improvement in the
said City of Canton� Illinois� ia the sum of �215,5g3.23, whieh said estimate
ie itemized and is attached her�to and made a pa.rt of this Ordinanee by refer-
ence thereto.
That a more deta.iled description of the matters heretofore recited, refer-
enae ia hereby made to the plans, profiles and drawings hereto attaehed� which
plana� profiles and drawings sre hereby made expressly a part of this Ordinance.
That all elevationa and �ra.des of the center line of the finished improve-
m�ent, the top of the finished curb, the storm wa.ter inlets� valve menholes� and
neeessary ad�ustment to grades shall conform to and be identical with the eleva-
tion� and grades as shown 'by the pla.ns, apecifications and profiles bearing
date November 21, 1965, prepared by Cra,wford, Murphy and Tilly, Consulting
Engineers, of the City of Springfield� Illinois, and now on file in the office
of the City Clerk of the City of Canton� Illinois, and m�de a part of this
Ord.inance by reference as though set out herein in ful1, a copy of auch plans�
specificat3ona and profiles bein� attached hereto. That such grades and el.eva-
tions are shown in said plans, specifications and profilea being attached hereto.
That suah grade� and elevationa are shown in said plans, specifications and
profiles and are measured in feet and decimal parts thereof and are determined
From a beneh mark� the looation of which is shown on said plans� specifications
and profilea.
Section 2. DEFINITIONS. That whenever the words defined below are used
in the Ordinance or in the specifications hereto attaehed and made a part hereof,
or in anq proceedings relative to the imprvvement herein provided for� they shall
have the following meanings:
"State" shall be interpreted to mean the City of Canton, Illinois;
"Departtnent of Fublic Works snd Buildings'" sh�ll be interpreted to mean
the Board of Local Improvements of the City of Canton� Illinois;
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"Engineer" shall be interpreted to mean the engineer employed by ,t�he
City of Cantan� Illinois;
"StQte Treasurer of Illinois" shall be interpreted to mean the City
Treasurer of Canton, Illinois;
"Contractor" shall be interpreted to mean the person� firm or cor-
poration to wham the work or contract for this improvement is awarded
and the agents� assigns and employeea thereof.
Seetion 3. APPROVAL OF PLANS� ETC. That the maps� plans and specifieations
for this improvement� hereto attaehed� and hereinbefore referred to� are here'by
approved and made a part of this Ordinance the same ag if incorporated in this
Ordinance in full. In case of conflict with the parta of sa3.d specifications
and apecial provisions� the special provisions shall control.
Section 4. SUPERVISION. That all the aforesaid local improvement ahall
be under the eupervision and direction of the Board of Local Improvements of
the City of Canton� Illinois.
Section 5. RECOMMENDATION APPROVED. That the Recomm�endation of the -Board
of Local Improvementa of the City of Ca.nton, Illinois, recommending and providing
for the aforesaid local improvement, together with the Estima.te of the Cost thereof�
as made and itemised by and over the signature of the Engineer of said Board, bo�th
attaehed hereto, be and the same are hereby approved, and made a part hereof the
same as if they were ineorporated herein in f'u11.
�'t �. Section 6. ASSESSMEATT, eta. That said Loeal Improvement shall be ma.de and
the cost of said local improvement being the sum of �215,5g3.23� as shown by the
estimate of the Engineer of said City of Canton, I113nois, attaehed hereto and
made a pa.rt hereof� including the sum of �12,202.82 being the amount included
in the estimate of said engineer as the cost of making, levying and colleeting
the asses�ment therefore, the court eosts, attorneys' feea and the lawful expenaes
attending the same, shall be paid by special assesgment, to be levied upon the
contiguous property specifically to be benefited to the amount that the same may
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be legally assessed therefore in accordance with the provisions of an Act of
the General Assembly of the Str�te of Illinoi�, entitled "Illino3s Muniaipal Code",
Article 9, Division 2, approved May 29, 1961 , in force July 1 , 19b1 , and aets
amendatory thereto (Smith-Hurd Statutes of Illinois, 1967, Ch. 2�.� Seetions
9-2-1 to 9-2-144, both inelusive). That the said sum of $12,202.82 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 e�cpenses
attend3ng the same as provided by law.
Section 7. TNSTALLMENT5. That the ag�regate amount herein ordered to be
assessed against the property and each lot, piece, tract or pareel to be aasesaed,
and the amount to be aasessed� if any� against the City of Canton, Illinois� as
and for public benefit, shall be divided into ten (10) annual installmenta eo
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
oP the ag�re�ate equal in amount and each a multiple of one hundred dollars (�100.00);
said first installment shall be due and payable on the second (2nd) day of January
ne� 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 annua.11y until
all of the said insta.11menta are paid, and all of said insta.11ments shall bear
intereat at the rate of five per centum (5�) per annum� from the date af the first
voucher issued on account of work done on said improvement. And it is hereby made
the duty of the Board of Loca1 Tznprovements to file in the office of the Clerk of
the Court 9.n which said assessment is confirmed a certificate signed bq its secre-
ta,ry of the date of said first voucher and the amount thereof within thirty �30)
days after the issuance thereof.
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Section 8. B�NDS• 'That for the purpose of anticipating the colleetion of
the second and aucceeding inatallments of said special assessment for said local
improvement, bonds aha11 be issued payable out of the aforesaid installments,
beering interest at the rate of five per centum (5�) Per ann�� Pa3�ble annuall.Y�
and said bonds shall be signed by the Mayor, President of the Board of Local Im-
provements� of the City af Canton� Illinois, attested and countersigned by the
City Clerk of said City� under the corporate seal of the said City of Cantan,
Illinois, and said bonds shall be iasued in the sums of one hundred dol]ars (�'1�.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
3s�ued 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
lsat paid on sa.id voucher. Interest coupoat� attached to the bonds shall bear
facaimile signatuxes of the saine officers who signed the bonds and shall be paq-
Qble at the office of the City Treasurer. Said bonds shall be issued in accord-
ance w3th and 3.n s.11 respects pursuant to the provisions and requirements of an
Act of the Gentral Assembly of the State of Illino3.s, entitled "Illinois MuniciPal'
Code", Article 9, �-��i�n 2� aPP�'oned May 29� 1961 , in force Ju1y 1 , 1961 , and
all acts an�ndatory thereto. (Smith-Hurd Statutes of Illinois� 1967� Ch. 24,
Sections 9-2-� , to 9-2-��+�4, 1�th inclusive}
Section 9. PROCEDURE. 'That the Mayor of the City af Canton� I1linois� on
behalf of the said City is hereby directed and instructed to file a Petition in
the Cireuit Court of the Ninth Judicial Circuit of Illinois, Ful.ton County, in
the name of the City of Ca.nton, Tllinois� prayin�; that steps may be 'taken to l�vy
a apecial assess�nt for the said improvement in accordance with the provisiona
of this Ordinance and in the manner prescribed bY law.
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Sect3on 10. GENER.AL PROVISIONS. That all aetions taken in and based an this
Ordinance is and aha11 be under and pursuant to the terms and provisions of an
Act of the General Assembly of the State of I1linois entitled "Tllinois Municipal
Code" Article 9� Division 2, Sectians 9-2-1 to 9-2-�44, both inclusive, approved
May 29, �961, in force July 1� 1961, and all additions and acts amendatory thereto.
(Smith-Hurd Statutes of I1linois, 1967, Ch. 21,., Sections 9-2-1 to 9-2-Z�+� both
inclusive.)
Seetion 11. REPEAL. That all ordinances ax�d parts of Ordinances in any way
conflicting with this Ordinance� be, and the same are hereby repealed.
Section 12. WHEN EFFECTIVE. This Ordinance shall be in full force and ef-
fect from and after its pasgage by the City Council and approval by the Ma.yor ac-
cording to 1aw.
PASSED by the City Council of theCity of Canton, Illinois� and si�ned and
approved by the Mayor of said City and deposited in the affice of the Clerk of
said City, this _.,°�,L_�day of May A. D. 1968.
APPROVEDt '
MAY R
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ATTESTs
CITY CLERK
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