HomeMy WebLinkAboutOrd 4288 04/03/1991 ORDINANCE NO. ~288
AN ORUINANCE AMENDING CHAPTER 8 AND CHAPTER 16
OF THE VILLAGE CODE OF MOUNT PROSPECT
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 3rd day of April , 1991
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
4th day of April , 1991.
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1/8/91
ORDINANCE NO. 4288
AN ORDINANCE AMENDING CHAPTER 8 AND CHAPTER 16
OF THE VILLAGE CODES OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE~ OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 8.511 entitled "Reimbursement for
Facilities Beneficial to Property and Part of the Property Owned
or Controlled by Such Person; collection of Fees from Owners" of
Chapter 8 of the Village Code of Mount Prospect be amended in its
entirety and the following substituted therefor; so that
hereinafter said Section 8.511 of Chapter 8 of the village Code
shall be and read as follows:
" Sec. 8.511. Reimbursement for Facilities Beneficial to
Property not Part of the Property Owned or
Controlled by such Person; collection of Fees
From Owners.
The President and Board of Trustees shall have the authority
to adopt an Ordinance providing for the apportionment of costs
of certain public improvements pursuant to Section 16.609 of
this Code.
SECTION TWO: That Section 16.609 entitled "Recapture Agreement"
of Chapter 16 be amended in its entirety and the following
substituted therefor; so that hereinafter said Section 16.609 of
Chapter 16 of the Village Code of Mount Prospect shall be and read
as follows:
" Sec. 16.609. Recapture Ordinances.
A. Wherever: (1) a Municipal Ordinance of the Village
requires the installation of any water mains, sanitary
sewers, storm drains, roadways or other public
facilities; and (2) where, in the opinion of the
corporate authorities such facilities may be used for the
benefit of additional property not controlled by the
person of whom installation is required; and (3) such
water mains, sanitary sewer, storm drains, roadways or
other facilities are to be dedicated to the public, the
corporate authorities may, by Ordinance, require that
additional property benefitted by such facilities not be
permitted to be developed or not be permitted to connect
to the facilities unless a fair and reasonable portion
of certified costsof installation, including engineering
costs are reimbursed to the installing party.
1. The Village shall have the sole authority to
determine the following:
a. The amount of interest, if any, which may be
charged to a benefitted property owner (not to
exceed 10% simple interest/annum);
b. The method by which the costs are to be
certified;
c. The fair and reasonable apportionment of costs;
d. The party responsible for collection of the
apportioned costs;
ecapture
Page 2 of 2
e. The service charge due the Village for
establishment of the recapture Ordinance;
f. The amount of time (not to exceed twenty.years)
that the Ordinance shall remain in effect;
g. The amount by which the apportioned costs
should be reduced due to depreciation;
h. The method by which the Ordinance is to be
enforced;
i. Any other matters pertinent to the adoption of
the Ordinance.
B. Any Ordinance adopted pursuant to Subsection A herein
shall be filed with the Recorder of Deeds of Cook County.
The Ordinance shall provide that it is the responsibility
of the installing owner to record the Ordinance.
C. The recording of the Ordinance, 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 Ordinance. "
SECTION THREE: That this Ordinance or parts of Ordinances in
conflict herewith are hereby repealed.
SECTION FOUR: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication in
pamphlet form as provided by law.
AYES: Busse, Corcoran, Floros, Van Geem, Weibel
NAYS: None
ABSENT: Arthur
PASSED and APPROVED this 3rd day of April , 1991.
Village President
ATTEST:
Carol A. Fields
Village Clerk