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HomeMy WebLinkAboutOrd 4193 06/05/1990 ORDINANCE NO. 4193 AN ORDINANCE PRORATING THE COST OF THE CONSTRUCTION OF A WATERMAIN AND STREET IN WILDWOOD LANE IN THE VILLAGE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 5th day of Ju~e , 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mou~t Prospect, Illinois, the 6th day of J~ne , 1990. /caf ORDINANCE NO. 4193 AN ORDINANCE PRORATING THE COST OF THE CONSTRUCTION OF A WATERMAINAND STREET IN WILDWOOD LANE IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, Helen L. Pate, of 1100 Cardinal Lane, Mount Prospect, Illinois ("Pate") desires to develop a subdivision in the Village of Mount Prospect; and WHEREAS, Pate must install certain public improvements according to the Village of Mount Prospect ("Village") regulations; and WHEREAS, Pate desires and the Village Code provides for the recapture of certain cost~ of public improvements from properties which will benefit from the improvements without paying any initial costs (these properties are identified on Exhibit "A"); and WHEREAS, all Exhibits referred to in this Ordinance are made a part of the Ordinance; and WHEREAS, any reference to Pate shall mean her successors and assigns. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Pate's Obligations: A. Pay to the Village of Mount Prospect $11,800 prior to the issuance of any building permits. B. Install at her cost a looped 8" watermain extending from Westgate into Cardinal Lane as set forth on Exhibit A. This watermain must be installed according to applicable regulations and generally accepted engineering standards and shall include the following: Item Unit 8" D.I.W.M. Class 56 1100 LF 8" x 8" Pressure Connection 1 6" x 6" Pressure Connection 1 8" Gate Valve 1 60" I.D. Manhole 2 48" I.D. Manhole 1 Hydrant w/Aux. Valve & Box 3 1" Copper Water Service w/Box 10 Trench Backfill 1100 LF C. Install at her cost a 23' wide street on Wildwood Lane according toall applicable regulations and generally accepted engineering standards. D. Indemnify and hold harmless the Village, its officers, agents, employees, successors and assigns, from any and all claims or damages to real or personal property, and from injuries or death suffered to any persons by reason of said improvement, its construction or installation and for any attempt on the part of the Village to enforce the payment of the recapture fees. Pate shall not make the Village a party to any law suit for collection of said fee. By virtue of this Ordinance, Pate shall have the right to bring an action against any connector from lots 2, 3 and 4 who have not paid the required fees. Pate Page 2 of 3 E. Pay to the Village, in consideration of its cost of preparation and publication of this Ordinance, an amount equal to Seventy Dollars ($70.00) per subdivided lot capable of being served by the improvement, but no more than Two Hundred Eighty Dollars ($280.00). F. Notify the Village in writing of any changes in ownership of the properties currently held by her in this subdivision and any changes in the parties entitled to receipt of fees recapture pursuant to this Ordinance. SECTION TWO: Recapture Fees and Connector Obligations: A. No connection may be made and no permits shall be issued for any portion of lots 2, 3, and 4 as shown on Exhibit "A" unless the connector shall pay the following for each connection: 1/llth of the total installation cost for the water mains. Total installation costs shall be actual cost of installation plus reasonable engineering and inspection fees. No connector shall be required to pay more than $7,000.00 per connection, not including interest, regardless of actual cost. B. No connection may be made and no permit shall be issued for any portion of Lot 4 as shown on Exhibit "A" unless the connector shall pay for the pro-rata cost of the street installation immediately adjacent to Lot 4. The pro-rata cost shall be determined by figuring the lineal foot cost of widening approximately 510 feet of Wildwood Lane from Westgate to the western boundary of Lot 4 and multiplying that number by the total lineal feet of frontage immediately adjacent to Lot 4. Lineal foot cost shall be determined by dividing the total installation cost (actual cost of installation plus reasonable engineering and inspection fees) by 510. The connector shall not be required to pay more than $105.00/lineal foot not including interest, regardless of actual cost. Additionally, no connector shall be made to the watermain by Lot 4, unless the connector shall pay 127/382nds of the $11,800 paid to the Village by Pate. C. All fees due hereunder shall accrue simple interest at a rate of 5% from the date of the acceptance of improvement by Village to the date of connection. D. If the improvements of Pate pursuant to this Section have not commenced by June 5, 1992, this Ordinance shall lapse and the recapture requirements shall be of no force and effect. Commencement shall mean that Village, State and County permits have been issued, watermain materials are on site and excavation has been started. E. The improvement is a public improvement owned by the Village and nothing herein contained shall vest any proprietary rights of any nature whatsoever, in the improvement in any person, firm or corporation. F. All fees hereunder shall be in addition to any other connector, tap on or inspection fees required by the Village. SECTION THREE: Village Obligations: A. The Village of Mount Prospect shall use its best efforts to collect the sums due Pate and upon collection pay them promptly to Pate. ate Page 3 of 3 B. This Ordinance shall be in full force and effect after is passage, approval and publication in the manner provided by law, and may be recorded with the Recorder of Deeds of Cook County, Illinois or, if applicable, with the Registrar of Torrens Title of Cook County, Illinois. C. This Ordinance shall expire on July l, 2020, and no party herein shall have any further obligations pursuant to this Ordinance. AYES: Arthur, Busse, Floros, Van Geem NAYS: None ABSENT: C0rc0ran, Wattenberg Village President/ ATTEST: Carol A. Fields Village Clerk