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Legal Notice PUBLIC NOTICE is hereby given that there has been presented to the City Council of the City of McHenry for its passage and approval the following Ordinance: ORDINANCE AN ORDINANCE PREPARED AND TRANSMITTED AND ITS PASSAGE RECOM­ MENDED BY THE BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF McHENRY, M c H E N R Y C O U N T Y , ILLINOIS, PROVIDING FOR A LOCAL IMPROVEMENT CONSISTING OF A CONNECTED SYSTEM OF SANITARY SEWERS, IN­ CLUDING MANHOLES, STUBS AND ALL N E C E S S A R Y A P ­ PURTENANCES THERETO IN CERTAIN STREETS AND PROPERTIES LOCATED IN LAKELAND PARK SUB­ DIVISION, LAKELAND SHORES SUBDIVISION, AND OTHER AVENUES, STREETS AND PRIVATE PLACES ADJACENT THERETO IN THE CITY OF McHENRY, M c H E N R Y C O U N T Y , ILLINOIS, TO BE KNOWN AS, "CITY OF McHENRY LAKELAND PARK AREA SANITARY SEWER SYSTEM, SPECIAL ASSESSMENT NO. 30", AND PROVIDING FURTHER FOR THE PAYMENT OF THE COSTS OF SUCH LOCAL I M P R O V E M E N T B Y SPECIAL ASSESSMENT PAYABLE IN IN­ S T A L L M E N T S A N D PROVIDING FOR THE AN­ TICIPATION OF THE COLLECTION OF THE SECOND AND SUBSEQUENT INSTALLMENTS OF SAID SPECIAL ASSESSMENT BY THE ISSUANCE OF BONDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS: SECTION 1: (a) That there be, and there is hereby laid out, located and established, a system of sanitary sewers and all necessary appurtenances, including route or routes and right-of-way therefor, for the purpose of conveying certain sanitary sewage of the City of McHenry, McHenry County, Illinois, to a trunk line, to, into and through the sewage disposal plant and outlet provided therefor, and that for the purposes aforesaid, the system of sanitary sewers and all necessary appurtenances thereto, as hereinafter described, shall be constructed in the public streets and high­ ways and in other places as hereinafter set forth. (b) That said system of sanitary sewers and ap­ purtenances to be constructed pursuant to the terms and provisions of this ordinance is and shall be known as, "City of McHenry, Lakeland Park Area Sanitary Sewer System, Special Assessment No. 30", and the said sewer system is hereby located and shall be constructed in the public streets and highways and other places in said district as shown on the blueprint plans, maps, profiles and detailed drawings consisting of 26 pages, attached hereto, and hereby adopted by this ordinance. SECTION 2: The term "datum" as used herein refers to the datum plane. The words "grade" and "elevation" whenever used herein refer to the height above said datum plane. Where a grade or elevation is given in figures, such figures refer to the number of feet and decimal parts of a foot above said datum plane. For convenience in indicating distances along lines of the improvement of the plans, the total distance along each of the several sections of the im­ provements is divided into stations 100 feet apart. Each such station is numbered with a number corresponding numerically to the distance in hundreds of feet along the line of the improvement from the respective stations to a definitely fixed initial point designated as Station 0. In­ termediate points between stations are indicated by numbers preceded by plus signs. Each such number ! corresponding numerically to the distance in feet along the line of the improvement from the indicated point to the last preceding station. Where such a plus sign and number are used in connection with and following a given station to describe a location, the distance in feet as indicated by the number shall be added to the distance in hundreds of feet as indicated by the station to give the total distance of a described location from Station 0. Any such distance so in­ dicated shall be measured \ along the center line of the sewer, and 'shall refer to a definitely fixed point in said center line and to all points in a line drawn perpendicular to said center line through such definitely fixed point. Wherever the term "sewer line" is referred to herein, it shall mean a line coinciding with the longitudinal center line of the sewer. Wherever a distance in the direction of the length of a section of sewer is given herein, said distance shall be construed to mean a distance measured along the centerline of said sewer or its extension. The word "street" shall be taken to include streets, avenue, courts and places. * Wherever distance between parallel lines is given herein, it shall be construed to mean a distance measured along a line perpendicular to such parallel lines and unless otherwise specified where a distance between a point and a line is given herein, it shall be con­ strued to mean a distance measured along a line per­ pendicular to such given line. The construction of the proposed improvement as herein set forth shall consist of the following: All sewers and stubs shall be constructed of the best quality vitrified clay pipe or reinforced concrete pipe or plastic sewer pipe of the size and at the locations shown on the plans and as provided in the specifications. Wherever the size of a sewer is referred to herein, it means the internal diameter of such sewer in inches. In constructing the vitrified clay, reinforced concrete, or plastic sewers herein provided for, the sections of pipe shall be laid true to the line and grade shown on the plans with the spigot ends towards the outlet of the sewer. The pipe shall be laid and the joints made water tight in a manner provided in the specifications. Branch fittings shall be provided in the sewer and house drains shall be installed to the property line for each platted lot abutting the im­ provement. In constructing the sewers and stubs herein provided, the sewer trenches shall be kept free from water and where necessary, the sides thereof secured in place by sheeting, or shoring. The manholes shall be of the kind, shape and size and shall be located as shown on the plans. Each manhole shall be placed and constructed cen­ trally over the center line of the sewer and in case of the center lines of sewers connecting or intersecting, then centrally over said connection or in­ tersection. All sewers shall be constructed with a water tight connection through the masonry walls of the manholes to and from which they are laid and all inlets and outlets in the manholes shall be flush with the inner surface of the walls of the manholes. Manholes shall be constructed of highest quality brick masonry or concrete masonry units of precast concrete ring sections laid in a mortar bed composed of one part Portland cement to three parts sand, by volume, based on dry material. Each manhole shall be fitted with a cast iron frame and cover and with manhole steps of the size, shape, kind and quality as shown in the plans and as provided in the specifications. All concrete used in connection with this improvement shall meet the requirements for monolithic concrete as specified. _ All trenches for sewers and stubs or excavations around structures shall be backfilled with suitable earth up to the original surface of the ground except where trench backfill is specified. The backfilling shall be done in such a manner so as to prevent after settlement. After the backfilling has been completed as above specified, all surplus material, earth, rubbish and other debris shall be removed. After trenches and excavations have been backfilled as heretofore specified, the entire pavement surface which was disturbed during construction or which was damaged or disturbed by operations outside the limits of the trench ex­ cavation shall be reconstructed to as good a condition as that existing prior to the com­ mencement of this work. provement, and where damaged, all such structures shall be restored to as good a condition as that existing prior to the commencement of this work.. All existing structures along the lines of the improvement, including water and gas pipes, electric conduits, sewers and drains, poles carrying telephone, telegraph, electric light and power lines, railroad tracks, pavement, sidewalks, curbs, fences, culverts or other structures of any kind met with during the prosecution of the work, shall be protected against damage resulting from the making of this im- The sewers herein provided to be constructed shall be con­ nected to and shall discharge into manholes constructed on the sanitary trunk sewer by others. That material furnished and used and the workmanship employed in the construction and installation of the sanitary sewers, all appurtenances thereto, and other work herein provided for shall be of such quality and character as to insure the same to be free from all defects and in continuous good order and condition satisfactory to the Board of Local Improvements of the City of McHenry, McHenry County, Illinois, ordinary wear and tear excepted, for a period of one (1) year from and after the date of the entry of the order of con­ firmation upon the certificate of completion and acceptance by the Court having jurisdiction of the proceedings for said local improvement herein provided for. That for the purposes of said local improvement, the territory lying within the b o u n d a r y h e r e i n b e f o r e described and defined, is hereby formed into and hereby declared to be a sewer ex­ tension in the City of McHenry, McHenry County, Illinois, to be known and designated as "City of McHenry, Lakeland Park Area Sanitary Sewer System, Special Assessment No. 30". That the owners and oc­ cupants of all lots, blocks, tracts and parcels of land lying within said District and which may be hereafter assessed for benefits in a special assessment proceeding to pay the cost and expense of said improvement shall at all times hereafter be entitled to the use and benefits of said local im­ provement and the right, power and privilege is hereby granted to the present and future owners and occupants of such lots, blocks, tracts and parcels of land to connect with said local improvement herein provided to be laid and con­ structed, by means of drains and other approved methods subject, however, to all or­ dinances of the City of McHenry, Illinois, now or hereafter in force, regulating the methods of such con­ nections. SECTION 3: That the sewers and all v necessary ap­ purtenances thereto, herein and hereby provided for shall be constructed, maintained, and operated in, along, under and upon the public streets, public highways, and other places in this ordinance provided for, in accordance with the maps, plans, profiles and detailed drawings attached hereto, and the specifications consisting of a total of 56 pages, numbered 1 through 30, in­ clusive, SGC-1 through SGC-6, inclusive, G "Minimum Wage R a t e s ' ' , T e c h n i c a l Specifications numbered 2-0 through 2-3, inclusive, 89-1 through 89-10, inclusive, and 95- 1 through 95-5, inclusive. All of such plans and specifications, including letters and figures shown thereon describing said improvements are hereby made a part of this ordinance as though said plans, specifications, lines, letters and figures were described and set forth herein. Where there appears to be a variance bet­ ween the plans, specifications and descriptions in the or­ dinance, the plans shall govern and the variance in the specifications and description in the ordinance shall be disregarded. The specifications now on file with the City Clerk of the City of McHenry, which are hereby approved and adopted and to which reference is hereby had for greater certainty and the same are hereby made a part of this ordinance the same as though set forth herein. SECTION 4: That the recommendation of the Board of Local Improvements of the City of McHenry, McHenry County, Illinois, providing for said improvement, together with the estimate of the cost thereof, made and certified to by the Mayor of the City of McHenry, Illinois, and the Engineer for the City of McHenry, Illinois, which said estimate is itemized to the satisfaction of said Board of Local Improvements, both of which are attached hereto, be and the same are hereby made a part of this ordinance and are hereby approved. SECTION 5: That said im­ provement shall be made, and the cost htereof, which is estimated to be $1,343,276.50, shall be paid for by applying thereto the sum of $280,000,000 from a grant of the United States Department of Housing and Urban Development and known as "HUD Project No. WS-ILL-233"; the balance of the cost, to-wit $1,063,276.50, to be paid for by the levy of a special assessment against the property benefited in ac­ cordance with the provisions of Article 9, Division 2, of Chapter 24 of the Illinois Revised Statutes as amended. An amount not exceeding 6 percent of the estimated whole cost, to-wit $71,730.68, is hereby provided for to apply toward the payment of all lawful costs and expenses incurred in making, levying and collecting the assessment for said im­ provement. An amount not exceeding 6 percent of the estimated whole cost, to-wit $76,034.52, is hereby provided for as a reserve for deficiency in interest. _ SECTION 6: The aggregate amount herein ordered to be assessed and each individual assessment and also the assessment against the City of McHenry shall be divided into ten installments which shall bear interest until paid at a rate not greater than the highest legal rate per annum, said rate to be determined by the City Council prior to the giving of notice of the hearing on con­ firmation and said rate shall be set forth in all notices given of said hearing, all in the manner and in accordance with the provisions of the aforesaid Article 9, Division 2, of Chapter 24 of the Illinois Revised Statutes as amended. SECTION 7: That for the purpose of anticipating the collection of the second and succeeding installments of said assessment for said im­ provement, bonds shall be issued payable out of such installments, bearing interest at the same rate per annum as the rate determined for interest on the installments, pursuant to Section 6 of this ordinance. Said bonds shall be signed by the Mayor of the City of McHenry and attested by its Clerk, under the corporate seal of said City. Said bonds shall be issued in accordance with, and shall in all respects conform to the provisions of Article 9, Division 2, of Chapter 24 of the Illinois Revised Statutes as amended. SECTION 8: The said local improvement shall be con­ structed under the management, control and jurisdiction of the Board of Local Improvements of the City of McHenry, McHenry County, Illinois, or its duly authorized agents, supervisors, or engineers, which shall cause the entire work to be done according to this ordinance, shall see that all materials are carefully inspected during the progress of the work, to the end that the contractor or con­ tractors who may undertake the construction of the local improvement herein provided for shall comply fully and adequately with all of the provisions of this ordinance, the contract under which they shall operate, and the specifications provided herein, and that all materials used in the construction thereof shall be of the best quality and kind for the purpose for which they shall be used and all work shall be performed on said local improvement in a substantial and workmanlike manner. SECTION 9; That in all proceedings for making, levying and collecting said special assessment, herein provided for, and each and every installment thereof and for letting of the contract for said local improvement and the payment for the work and material, all, each and every act, practice and procedure shall be in accord with and be governed by Division 1 and Division 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes, as amended SECTION 10: That the Corporation Counsel for said City of McHenry, Illinois, be and he is hereby directed to file a petition in the Circuit Court of McHenry County, in the name of the City of McHenry, Illinois, praying steps be taken for the levying of a special assessment for the local improvement provided for herein in ac­ cordance with the provisions of this ordinance and in the manner prescribed by law. SECTION 11: That all or dinances or parts of ordinances in conflict with the provisions herein, be and the same are hereby expressly repealed so far as such conflict exists SECTION 12: This ordinance passed and approved by the City Council nf the City of McHenry, Illinois on the day of 1972. The Law Serves You S E C T I O N 1 - P A G E 1 5 - P L A I N D E A L E R - M A Y 3 , 1 9 7 2 the year, the March of Dimes supports research care and offers aid to the handicapped. A1 Vales, McHenry chairman, Attest: Mayor Safe Secret "Please remember," sa id the irate female , "that I am a lady!" "Madam," replied her acid male escort , "your secret i s safe with me." Right To Hold Public Office May Be Regained By Petition The Governor of Illinois is enpowered for the first time under the state's new Con­ stitution to restore a person's right to hold public office upon petition from the person con­ cerned, according to the Illinois State Bar Association. Heretofore, under the old state charter, the ISBA said a person who had been denied his right to hold public office because of conviction for an infamous crime, could have that right restored only by terms of a pardon from the governor or by reversal of the criminal conviction. As a result, most criminal offenders were forever deprived of any hope that they might hold any position of "honor, trust or profit" created under laws of the state. ' Most people are unaware of this important change achieved by the new constitution," the ISBA said, even though it has been months since the new state charter became effective July l, 1971. It said the new constitution expresses, in so many words, the desirability of "restoring offenders to useful citizenship" rather than prolonging punishment and the change reflects that intent. "While most citizens, of course, are not directly con­ cerned with this change," the ISBA said, "anyone who is affected and who is now living in conformity with the rules of society, should petition the Governor for restoration of the right to hold public office." Once this right is restored, a person would again be eligible for employment in state and local government offices and could be a candidate for elective office. Even under the old con­ stitution, the ISBA noted, a person's right to serve on a jury and to vote could be restored by petition. This is still true as to jury service but, under the new Constitution, restoration of voting privileges is automatic and must take place not later than upon completion of the individual's sentence. The ISBA said the law per mits petition for restoration of rights "anytime after con­ viction" for an infamous crime, which includes such crimes as robbery, rape, perjury, bigamy, bribery, arson and the sale of narcotic drugs, among other offenses. The person who has served time in a penitentiary can request restoration of his rights through the warden of the in­ stitution from which he was discharged or paroled. The warden will forward the SUCCESSFUL DRIVE The amount of $2,863.51 has been turned over to the county March of Dimes treasurer. The good showing is a result of fine cooperation from volunteers who called at homes, the help of business men, and also because of a good job done by the ladies of the Town & Country Newcomers club. Throughout request to the Governor with a recommendation attached. A person who is put on probation may make his request directly to the Governor but should file it with the Parole and Pardon Board, Armory Building, Springfield, Illinois. is grateful for the cooperation of the community, both donors and workers. Galileo discovered the law of the pendulum by timing the movements of a swinging chandelier. Comments from the Governor (The governor discusses badly-needed tax relief mea­ sures in the following special column.) By Gov. Richard B. Ogilvie Springfield, III.-- Properly tax­ payers in fast-growing areas of the state clearly hear an unfair burden for support of local governments, particularly school districts. That's why I am supporting u r g e n t l y - n e e d e d m e a s u r e s s p o n ­ sored by Sen. Harris Fawell of Naperville. The injustice in these areas results from the present tax process, which allows children to attend local schools as long as a year before taxes are col­ lected on the newly-built homes in which they live. The taxes are based on assessed values in January. Yet, what was a vacant lot in January can have a completed home and children enrolled in schools in September. But in the meantime, the only tax revenue to the local taxing bodies is based on the value of vacant land. Under the Fawell bill, mu­ nicipalities and counties would be empowered to charge a fee which represents as accurately as possible the taxes that would be paid if the home were assessed as soon as it is completed, rather than months later. Two companion bills also will offer substantial relief. They would allow city or county officials to require subdivision de­ velopers to contribute sufficient land for schools, or a cash pay­ ment in lieu of land. The provision for school land would become an integral part of the process of creating new sub­ divisions if adopted by local gov­ erning bodies. Minimum standards for the amount of school land required would be set by the state superin­ tendent of public instruction, based on estimates of the number of school children that could reason­ ably be expected in any given de­ velopment area. I.ct me stress that both of the proposed reforms are per­ missive--local authorities may or may not choose to help present taxpayers by adopting the new requirements. Another tax relief bill which should be enacted without delay is the $1,500 homestead exemption for elderly citizens starting with 1972 taxes, which are payable in 1973. Regrettably, the Illinois Supreme Court recently held this exemption invalid for 1971 taxes, payable this spring. Since the matter of the 1972 exemption is still in doubt. I believe the General Assembly should act swiftly to restore this needed help for our older citizens. Similarly, the General Assembly should also reenact the present exemption from personal property taxation for one auto and house­ hold of furniture. Here again, the future ac­ tion of the court is uncertain, and legislators should act swiftly to protect our tax­ payers. A few days ago, a local news­ man told me that some taxpayers in his area blame me for the un­ favorable homestead exemption decision of the Illinois Supreme C ourt. If I hadn't spent quite a few years in public office. I would be amazed th.it people could come to such a'conclusion. But long experience has taught me that many people lump all government officials toge.her, and assume that each is responsible for the actions of the other. In the case of a governor and the highest court in the state, such a cozy arrange­ ment would be unconstitu­ tional as well as unthinkable. This column is not intended to be political, but I think it's fair to point out that the Illinois Supremo Court has four Democrat judges and only three Republicans. But some people. I suppose, are bound and determined to find someone to blame in their frustra­ tion over taxes. That's why I am hopeful we can restore the people's right to abolish the personal prop­ erty tax on individuals in the forthcoming appeal to the United States Supreme Court. The vote was clear enough -- more than 7 to I in favor of get­ ting rid of this hated tax on in­ dividuals. This overwhelming voc was in­ validated by the Illinois Supreme Court, in a decision I have heartily criticized in my brief to the United States Supreme Court. As a lawyer--and as one who believes strongly in upholding the integrity of our courts--I can and have opposed that decision in every way properly possible. And if I am unfairly blamed for the decision I op­ pose, I'll just have to assume that it's part of the job of being governor. VVWi^ McHenry Barracks No. 1315 VETERANS WORLD WAR I City Clerk The City Council will con sider the adoption ar^d passage of the above Ordinance at its regular meeting in the Municipal Building of the City of McHenry on Monday, the 15th day of May, 1972, at the hour of 8:00 p.m. All those wishing to be heard in the matter may be present if they so desire. Earl R. Walsh, City Clerk, City of McHenry, Illinois (Pub. May 3,1972) invites. • • AI T VETERANS, THEIR WIVES, AND WIDOWS OF VETERANS to hear. • • MR. E. MERLE HARRISON ADMINISTRATOR ILLINOIS VETERANS COMMISSION Thursday, May 4th 8:00 p.m. At The American Legion Club House 2505 N. Ringwood Rd. Adv. Paid For By Post No. 491 American Legion And Barracks No. 1315 Veterans World War I