HomeMy WebLinkAboutOrd 5331 05/06/2003ORDINANCE NO. 5331
AN ORDINANCE AMENDING CHAPTER 16
OF THE VILLAGE CODE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 6th day of May, 2003
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
7TM day of May, 2003
ORDINANCE NO. 533'1
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 inserted 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.
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 interest/annum);
b. The method by which the costs are to be certified;
c. The fair and reasonable apportionment of costs;
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;
h. The method by which the ordinance is to be enforced;
. Any other matters pertinent to the adoption of the
ordinance.
Bo
Any ordinance adopted pursuant to this Section shall be
recorded against all parcels to be benefitted 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.
Do
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: Hoefert, Lohrstorfer, Skowron, Zadel
NAYS: None
ABSENT: Farley, Wilks
PASSED and APPROVED this 6th day of May, 2003.
Tirffothy J. CorC'ora/r~ Mayor Pro Tem
ATTEST:
Kimberly A.~'ewis, ~'ePut~ Village Clerk
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