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-