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Ordinance 1976-30 FHD:GKH { ORDINANCE NO. .3 Q - A? f,I AN ORDINANCE PROVIDING FOR THE PURCHASE OF REAL PROPERTY ADJACENT TO MAINTENANCE CENTER OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, TO BE USED FOR GENERAL CORPORATE PURPOSES WITHIN THE UNITED CITY OF THE VILLAGE OF YORKVILLE. WHEREAS, the corporate authorities have considered the advisability of purchasing certain real property for use by the said City for general corporate purposes and said property is adjacent to the maintenance center of the UNITED CITY OF THE VILLAGE OF YORKVILLE; and WHEREAS, the corporate authorities have determined that it is in the best interest of the UNITED CITY OF THE VILLAGE OF YORKVILLE that additional space be acquired for said purposes; and WHEREAS, the corporate authorities, after investi- gation, have determined that the public interest will be served by the purchase and maintenance of said additional real property; and WHEREAS, the corporate authorities wish to purchase said property and levy a tax therefor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, as follows: 3© -2- SECTION 1: That the UNITED CITY OF THE VILLAGE OF YORKVILLE purchase, for the sum of SIXTY-NINE THOUSAND ($69, 000. 00) DOLLARS, the following described real property, to-wit: All of Lots 5, 6, 7 and 8 in Block 3 in Gale's Second Addition to the Village of Bristol, Kendall County, Illinois, as per plat on record in the Recorder's office of said Kendall County, in Plat Book 4, Page 9; also a part of the Southwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian being that part of Sub. Lot 14 of said Section 28, lying West of the Westerly line of the right of way of State Bond Issue Route 47 as the same runs Southerly and Northerly through said Section 28, said sub. lot being platted as per plat of record in the Recorder's Office of Kendall County, Illinois, in Plat Book 4, Page 9, the portion hereby conveyed being also described as follows: Commencing at the point of intersection of the Westerly line of the right of way of State Bond Issue Route 47 with the line which was formerly the center of Block 3 and 4 of Gale's Second Addition to the Village of Bristol; thence South 880 15' West on said centerline of said Blocks 3 and 4 to a point on the West line of said Gale's Second Addition which was before vacation the Southwest corner of Lot 4, Block 3 of said Gale's Second Addition; thence North along the said West line to the South line of Apple Tree Court as monunented and occupied; thence Easterly along said South line a distance of 415.20 feet to the Westerly line of right of way of State Bond Issue Route 47 as now montmlented and laid out; thence Southerly along the Westerly line of said right of way of State Bond Issue Route 47 being a curve concave Southeasterly and having a radius of 794.5 feet, a distance of 81.03 feet to a point of curvature; thence continuing Southerly along said West right of way line, being a line tangent to the above described curve, a distance of 7.41 feet to the place of beginning. SECTION 2 : That said purchase is contingent upon a gift being made by MABEL W. ROWLANDS, as fee owner thereof, of the following described real estate, reserving unto said MABEL W. ROWLANDS a life estate therein: That portion described as follows: Beginning at the point of intersection of the South line of Apple Tree Court and the Westerly right of way line of State Bond Issue Route 47; thence Southerly along the Westerly right of way line of said Route 47, being a curve concave Southeasterly and having a radius of 794.5 feet, a distance of 81.03 feet to a point of curvature; thence continuing Southerly along said West right of way line, being a line tangent to the above described curve, a distance of 7.41 feet; thence Westerly a distance of 3.00 feet to the Westerly -3- right of way line of a dedicated roadway as monumented and occupied; thence Southerly along said Westerly right of way line, a distance of 53.59 feet; thence hbsterly and parallel with the South line of Lots 5, 6, 7 and 8 in Gale's Second Addition to the Village of Bristol, a distance of 124.54 feet; thence Northerly at an angle of 921 03' 46" to the right of the last described course, a distance of 141.18 feet to the Southerly line of said Apple Tree Court; thence Easterly along said Southerly line, a distance of 131.44 feet to the place of beginning. SECTION 3: That the terms of such purchase shall be as follows: That the UNITED CITY OF THE VILLAGE OF YORKVILLE shall enter into an installment purchase contract with the owner, MABEL W. ROWLANDS, a widow, the owner of said property; that said contract shall be for a period not to exceed ten (10) years, with no more than Six Thousand Nine Hundred ($6 , 900. 00) Dollars placed as a downpayment under said contract, and to not exceed 6 1/2o per annum interest on the remaining balance. Payments under the terms of said contract are to be in ten (10) equal annual installments upon principal, with interest in addition thereto at the rate of 6 1/2o per annum. SECTION 4: That this Ordinance shall be published at least twice within thirty (30) days after its passage and approval in one or more of the newspapers published in the municipality as by statute made and provided. SECTION 5: That public notice as aforesaid shall be given by publication of the statute that upon petition signed by the electors of the municipality, equal in number to -4- 50 or more of the total number of votes cast at the last preceding regular municipal election, calling for a referendum to approve or disapprove of said purchase within sixty (60) days of the second publication notice as aforesaid. In the event no petition signed by the electors of the UNITED CITY OF THE VILLAGE OF YORKVILLE equal in number to 50 of the total number of votes cast at the last preceding regular municipal election is filed in the office of the City Clerk of the UNITED CITY OF THE VILLAGE OF YORKVILLE within sixty (60) days of the second publication of the notice as provided herein, then in such event, the Ordinance shall be effective, but in the event that such petition signed by 5% or more of the electors as aforesaid is filed with the City Clerk of the UNITED CITY OF THE VILLAGE OF YORKVILLE within said period, then, in said event, the corporate authorities shall provide by Ordinance for the submission of the question to the municipal electors at any regular state or municipal election as by statute made and provided. SECTION 6 : That the municipality shall levy and collect a direct annual tax sufficient to pay the annual installments as provided herein, which said annual installments shall be the sum of $6 , 900. 00 principal, together with interest at the rate of 6 1/2% on the unpaid balance remaining from time to time, and that the Clerk shall file, or cause to be filed, a certified copy of the Articles of Agreement for Warranty Deed as entered into by the municipality and a -5- certified copy of the tax levy ordinance of such municipality providing for the levy and collection of the direct annual tax sufficient to pay the annual installments in the office of the County Clerk and, further, that such certified copy shall constitute the authority of the County Clerk to extend taxes annually necessary to pay the annual installments payable hereunder and by virtue of the Articles of Agreement for Warranty Deed as aforesaid as and when the same become due and payable. Such tax, when levied and collected, after extension shall be in like manner with the other taxes of the UNITED CITY OF THE VILLAGE OF YORKVILLE and shall be in addition and in excess of all other taxes now or hereafter authorized to be levied by the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. Said tax shall not be included within any statutory limitation of rate or amount for the UNITED CITY OF THE VILLAGE OF YORKVILLE which shall be excluded therefrom and be in addition thereto and in excess thereof; that taxes so levied shall be set aside for the payment of the annual installments, together with accrued interest, and shall not be disbursed for any other purpose until the said annual installments are paid in full. SECTION 7 : That this Ordinance has passed the City Council by an affirmative vote of two-thirds of the elected corporate authorities now holding office. -6- SECTION 8: That this Ordinance shall repeal all other Ordinances or Resolutions of the UNITED CITY OF THE VILLAGE OF YORKVILLE heretofore passed and adopted that conflict herewith insofar as they conflict. SECTION 9 : That this Ordinance shall be in full force and effect from and after its due passage and publication as heretofore provided and as provided in Illinois Revised Statutes, Chapter 24 , Section 11-76 . 1-3 (1975) . PASSED this J day of �� A.D. 1976 . City Clerk SIGNED and APPROVED this day of A.D. 1976 . Mayor