HomeMy WebLinkAboutOrd 5283 10/15/2002ORDINANCE NO. 5283
AN ORDINANCE AMENDING CHAPTER 16 OF THE VILLAGE CODE
OF MOUNT PROSPECT, ILLINOIS
Passed and approved by
the President and Board of Trustees
the 15th day of October ,2002
Published in pamphlet form by
authority of the Corporate Authorities
of the Village of Mount Prospect, Illinois;
the 16th day of October ,2002.
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10/11/02
ORDINANCE NO. 5283
AN ORDINANCE AMENDING CHAPTER 16
OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 16.609, entitled "Recapture Ordinances" of Chapter 16 of the
Mount Prospect Village Code, shall be deleted in its entirety and a new Section 16.609 shall be
inseded to be and read as follows:
If: 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) 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 sewers,
storm drains, roadways or other facilities are to be dedicated to the public,
the Corporate Authorities may, by ordinance, require other property which
benefits by such facilities to contribute a fair and reasonable portion of
certified costs of installation, including engineering costs, to the installing
party.
1. The Village shall have the SOle authOritY to determine the following:
The amount of interest, if any, to be charged to a benefitted
property owner (not to exceed 10 percent simple
interestJannum);
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;
The service charge due the Village for establishment of the
recapture ordinance;
The amount of time (not to exceed 10 years) that the
ordinance is to remain in effect;
The amount by which the apportioned costs are to be
reduced due to depreciation;
. The method by which the ordinance is to be enforced;
i. Any other matters Pertinent to the adoption of the ordinance.
Any ordinance adopted pursuant to this Section shall be recorded
against all parcels to be benefited by the facilities with the Recorder
of Deeds of Cook County. It shall be the responsibility of the
installing owner to record the ordinance whether so stated in the
recapture ordinance or not.
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.
The Village shall be held harmless by the installing property owner and
successors against any claims made on account of the adoption of the
recapture ordinance, any attempted implementation of the ordinance and any
failure on the part of the Village or its officials to collect the recapture
amount.
SECTION 2: Article VII entitled "Water and Sewer Main RecaptUre Agreements" of
Chapter 22 of the Mount ProspeCt Village Code shall be deleted in its entirety.
SECTION 3: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
CorCoran, Hoefert, Skowron, Wilks, Zadel
None
Lohrstorfer
PASSED and APPROVED this 15th day of October, 2002.
Velma W.' ~.owe
Village Clerk
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