Loading...
HomeMy WebLinkAboutOrd 2849 12/19/1978 12/11/78 r'\ F; ~ '. ~ ORDINANCE NO. 2849 AN ORDINANCE ENABLING THE CORPORATE AUTHORITIES OF THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO CERTAIN RE-CAPTURE AGREEMENTS . VvHEREAS, the Village of Mount Prospect, a municipal corporation of the State of Illinois is a duly constituted Home Rule Unit as defined in the 1970 ConstituHon of the State of Illinois; and WHEREAS, the Village of Mount Prospect, pursuant to the powers of horne rulE~ units as granted in Article VII of the Constitution of the State of Illinois, may exercise any power 8.nd perform any function pertaining to its government and affairs; and WHEREAS, Division 5 of Article 9 of Chapter 24 of the Illinois Revised Statutes pi'ovides for the financing of certain improvements and the means whereby subdividers of property may be reimbursed for the installation of facilities (public improvements) beneficial to property not in such subdivision; and WHEREAS, the corporate authorities of the Village of Mount Prospect deem it to be beneficial to the citizenry of the Village of Mount Prospect to expand upon the powers contained in the Inino~j3M1,lni9ipaI Code set forth hereinabove and authorize the entry by the Village of lVlount Prospect into agreemen.ts with persons, firms. or corporations other than developers for the reimbursement of portions of the costs of such facilities from fees charged to other owners of property which are bene- fited by the installation and construction of such said. facilities; and WHEREAS, the President and Board of Trustees of th~ VJllage of Mount Prospect believe it to be in the best interests of the Village of Mount Prospect that such contracts be authorized and that this' Ordinanc~ be adopted;' NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOAR.D OF TRUSTEES OF THE VILLAGE OF MOLTNT PRQSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 10"'0 Constitution of the State of IlliIlOis s Article V of Chapter 8 of the Municipal Code of the Village of l'vlou.nt Prospect of 1957, as amended, be and the Sfl.me is hereby further amend.ed by adding thereto an additional section, Section 8.513, which section shall set forth the means of finandng certain improvements in addition to those that are or may hereafter be available to Illinois municipalities by reason of statutory authorizations; so that hereafter the said Section 8.513 shall be and read. as follows: 17 SECTION 8.513. Reimbursement for Facilities Beneficial to Pro- perty Not Part. of the pr6pertyb~vrieao~Control1e(i.'oy Slich. Pei'soll' Firm, or Corporation--Collection of Fees. from Cr\vners. --. . .---,"",,, .- A. Whenever a municipal ordinance of the Village of Mount Prospect requires the installation, ()f wat~l' rna,ins, sanitary sewers, drains, or other'iiiClHtres as being essential to meet the public necessity therefor, and where, in the opinion of the corporate authorities such facilities may be used for the benefit of additional property not controlled by such person, firm, or corporation, and such water main.g, sanitary sewers, drains, or other facilities ~ ~ f\ are to be dedicated to the public, the corporate authorities may by contract with such person, firm, or corporation agree to reimburse and may reimburse such person, firm, or corporation for a portion of the cost of such facilities from fees charged to owners of property not owned or controlled by such person, firm, or corporation, when and as collected from such owners. 1 . Such contract shall describe the said property not owned or controlled by such person, firm, or corporation which may rea~ sonably be expected to benefit from the facilities which are re- quired to be constructed under the contract and shall specify the amount or proportions of the cost of such facilities which is to be incurred for the benefit of that property. 2. Such contract shall provide that the Village of Mount Prospect shall collect such fees charged to owners of such additional property not prior to too connection to and use of the said facilitie by the respective properties of each owner. B. Any contract entered into between the President and Board of Trustees of the Village of Mount Prospect and any person, firm, or corporation pursuant to subsection A above shall be filed with the Recorder of Deeds of Cook County. C . The recording of the contract in this manner shall serve to notify persons interested in such additional property of the fact that there will be a charge in relation to such property for the connection to and use of the facilities constructed under the contract. II SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 19th day of December , 1978. APPROVED this 19th day of December , 1978. tA#~ 4. ;e:~ Village Pr sid~nt ' . ATT~ST: ~ ///> . ?";?~.l".'.... ..) -Ll:{:J1::,.QJ~&-:-.. ~. ~iZn::t~.~ _r', :""_ ,/fi;. . ",'" , Village .Clerk - .../ -. -~. - ....::.: -2-