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.
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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