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HomeMy WebLinkAboutOrd 734 11/15/1960 ORDINANCE NO. 7,;f o R DIN A N C E AN ORDINANCE with reference to the payment of Special Assessment bonds and vouchers issued to anticipate the collection of MOUNT PROSPECT SPECIAL ASSESSMENT NUMBER 61, County Court of Cook County, Illinois. WHEREAS, the Village of MOUNT PROSPECT desires to relieve itself of the necessity of the pro-ration offunds collected in Mount Prospect Special Assessment Number 61, to pay bonds and vouchers issued to anticipate the collection of funds in the in- stallments of said special assessment. NOW THEREFORE, BE IT AND IT IS HEREBY Ordained by the President and Board of Trustees of the Village of MOUNT PROSPECT, Cook County, Illinois: SECTION 1: That the Village of MOUNT PROSPECT, Cook County, Illinois, enter into an Agreement with Rossetti Contracting Company, Inc. concerning the payment of special assessment bonds and vouchers issued to anticipate the collection of special assessments in MOUNT PROSPECT Assessment Number 61, Cook County, Illinois, copy of which agreement is hereto attached and made part hereof. SECTION 2: That the President of the Board of Trustees of the Village of MOUNT PROSPECT and the Village Clerk of the Village of MOUNT PROSPECT be and they are hereby authorized to execute and attest the original of said contract, copy of which is hereto attached. SECTION 3: This Ordinance will be in full force and effect from and after its passage and approval. PASSED: This, the /Jr'~ day of tr~ , 1960. AYES: NAYS: ABSENT: APPROVED: This, the IS-Ii day of Itn~, 1960. ~Q~ PreSl en 0 ~e Bo;r 0 Trus ees t~ (J. T~ E .r; r'l 'f:~ ;.~ 'I( - - - - -- .- ~.,- - WHEREAS, Rossettl Contractinc; Company, In(~. a corporation, has 'been awarded a (::ontrflct for cOD3tructinJ; comb1.ncd sanitary and storm Se\iel'S laterals in Dal(; P,venuo and other Streets in the viI 1 E'i.g::;: of Mount Prospect.~ knOtlffi as Speed.al A~;;"8SS1nEmt Number G1, and that Rossettl ContractinG Company, Ine. a::~ Duch Gontracto:t', \'i111 be en- titled to receive special BSBcsament bonds and vouchern to be issued to anticipate the collection of the installIJents of special as sessment le'vied in the above-de::;.;:;ribed proceeding 1n payment for the combin(~d sanitary and storm sewer laterals in Dale Avenue and other streets in the VIllage of Mount Pr03pect; and WH.E.'REAS, sald Hossett:l ContractinG Company, Inc. desires :;;aid special assessment bonds or vouchers to be paid in their numerical order as funds may be~ollected n.nd that; f\mds be not prQ- rated for bonds or vouchers :tssued out of the various installments, and that Voucher Number 1 l.ssucd to Rossett:1 Contracting Co. Inc., be paid out of the proceeds of Installments NUTImcr 2, or rol~ su~plus :in Installment Number lj and WHFREAS, the Village of Mount Prospect desires to be re- lieved of necet!sity of proratinii5 funds collec:ted in i.nstallments NU.mbcr 2 to 10, both incluslve, of said specia.l assessment proceed:ln)!,,, and of the surplus in Installment Number 1 of the Dald proceeding. NOlfl THEREFORE, For and I:n Consid!.::ration of the sum of One Dollar ($,1.00) and other good and valuable consideratton paid to each of' 'the partles hereto, the receipt 'VJ!lereof' is hereby aclmo1tJledged. It if;. Agreed bJ!' and between the V::1..l1age of l'v'loun.t Pl"oBpect, here:Ln called the Party i),f the First Part and [i()ssettt Contracting (;"-i1r)any, Ine. a c:orpo!'(ltion, hereinaf'te:r- called the partJ ;;1.' the Se-.;ond Dart: 1. r.I'ne Party or 'tho First Par't hereby agr'C:0G to pay all bonds and vouchers issued to wlticipate the collection of the second to tenth installments of rJiount Prospect Special Assessment Number 61, County Court 01" Cook County, in numerical order out of funds collected from said second to tenth install- ments and from a.ny surplus in the first in- sta.llment of said special assessment as runds are collected on account of said special assecs- ment 1nsta11ment.~). That voucher number 1 issued to Party of the Second Part shall be paid out of proceeds of second installment or surplus of first. 2. Said party of the second part does hereby agree to waive any and all requirements of the law of the state of Illinois making it necessary for the party of the first part to pay such special assessment bonds or vouchers from funds collected in the installment from which said respective special assessment bonds or vouchers on their face are payable and agrees that said special assessment bonds in Mount Prospect Special Assessment Number 61, County Court of Cook County, be paid in numerical order out of any funds collected from the second to tenth installments of said Special Assessment Number 61 and from any surplus in the first installment of said Special Assessment after all vouchers and other obligations payable out of said first installment have been paid. 3. The party or the second part hereby releases and discharges the party of the first part of and from any and all claim Which it rray her'eafter have by reason of the failure of the party of the first part to pay said special assessment bondz from the respective installments a.gainst whicn said speCial assessment bonds were issued and by reason of the pa.yment of the said special assessflKn1t bonds in numerit:1al order as herein provided. Thin agreement shall be in binding upon said party of the second part, its successors or a.ssigns and upon the party o:t'" the first part and its successors or assigns. IN WITNESS i1/IiEREOF the Village of tlfOUNT PROSPECT ha~) caused this agreen~nt to be executed by its President and attested bJo" :lts Villa.ge Clerk and. :1.ts Cor>porate Seal be hereunto affixed, and IiOSSE':['l}:I COWrRAC!rING COIV1PAhY, IHC., a corporation, has caused this agr:t~em,(!lTt to be executed by its President and attested by its Secretary and its Corp~)J;>ate Seal tc,pe hereunto af'tixed this day of _, A. D. 1960. t""'" -L..:- VILLAGE OF MOUNT PROSPECT, ILLINOIS ~\~ ' ,A . ~ By . t. :;;1l~ res en ~ ROSSETTI CONTRACTING COMPANY, INC., By President ATTEST: Secretary -3-