HomeMy WebLinkAbout032-O-23 To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529 3/13/2023
32-O-23
AN ORDINANCE
To Approve the Construction of a Local Improvement Known as
Evanston Special Assessment No. 1529
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, ILLINOIS:
SECTION 1: A local improvement shall be made within the City of
Evanston, County of Cook, and State of Illinois, the nature, character, locality and
description of which is as follows, to-wit:
That the unimproved public alley in the block bounded by Isabella Street
on the north, Chancellor Street on the south, Asbury Avenue on the west, and Bryant
Avenue on the east, in the City of Evanston, be improved by excavating, constructing
the necessary drainage system and paving with 8" Portland Cement Concrete
Pavement, to a width of sixteen feet (16’), South East-West leg to a width of fourteen
feet (14’) and North East-West leg to a width of fifteen feet (15’).
SECTION 2: The Recommendation (Exhibit A) of the Board of Local
Improvements of the City of Evanston, Illinois, of this Ordinance, and the Estimate of the
Cost (Exhibit B) of said improvement made by the Engineer of said Board, both
attached hereto, be and the same are hereby approved and by reference thereto made
a part hereof.
SECTION 3: Said improvement shall be made and the cost thereof,
including the sum of Seven Hundred Twenty Three Thousand Seven Hundred Seventy
Nine and 62/100 Dollars ($723,779.62), being the cost of making and collecting the
Assessment and all other expenses as provided by law, shall be paid for by Special
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Assessment in accordance with the Illinois Municipal Code, Chapter 65, Section
5/9-2-1, et seq.
SECTION 4: Three Hundred Sixty One Thousand Eight Hundred Eighty
Nine and 81/100 Dollars ($361,889.81) of the cost of said improvement shall be
allocated by the City; and the remainder of the cost, Three Hundred Sixty One
Thousand Eight Hundred Eighty Nine and 81/100 Dollars ($361,889.81) will be
allocated as private benefit.
SECTION 5: The aggregate amount to be assessed and each individual
assessment shall be divided into ten (10) installments in the manner provided by law,
and each of said installment shall bear interest at the rate of Three and 80/100 percent
(3.80%) per annum from sixty (60) days after the date of the first voucher issued on
account of work done upon said proposed improvement.
SECTION 6: That, for the purpose of anticipating the collection of the
installments of said assessment levied against the real estate benefited thereby,
general obligation bonds have been issued, up to Three Hundred Sixty One Thousand
Eight Hundred Eighty Nine and 81/100 Dollars ($361,889.81) of which are payable by
the City, homeowners pay up to Three Hundred Sixty One Thousand Eight Hundred
Eighty Nine and 81/100 Dollars ($361,889.81) of which are payable out of said
installments, bearing interest at the rate of Three and 80/100 percent (3.80%) per
annum, payable annually and signed on behalf of the City of Evanston, Illinois, by its
Mayor and attested by its City Clerk and its corporate seal affixed thereto; and each
interest coupon attached to said bonds shall likewise be executed by and shall bear the
official or facsimile signature of the same officers who signed said bonds and who, if
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facsimile signatures are used, do adopt by their execution of said bonds as and for their
proper signatures their respective facsimile signatures appearing on said coupons; and
that said bonds shall be issued in accordance with and shall be in all respects conform
to the provisions of an Act of the General Assembly of the State of Illinois, knows as the
“Illinois Municipal Code,” effective July 1, 1961, and the Amendments thereto.
SECTION 7: That Edgar Cano, President of the Board of Local
Improvements of the City of Evanston, Illinois, be and he is hereby directed to file a
Petition in the Circuit Court of Cook County, Illinois, praying that steps may be taken to
levy a Special Assessment to pay the cost of said improvement in accordance with the
provisions of this ordinance and in the manner prescribed by law.
SECTION 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid application of this ordinance
is severable.
SECTION 10: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 11: This ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
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Introduced:_________________, 2023
Adopted:___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation Counsel
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March 27,2023
March 13,2023
April 01