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NOTICE OF PUBLIC HEARING IN REGARD TO

NOTICE OF PUBLIC HEARING IN REGARD TO

PROPOSED STREET RIGHT-OF-WAY VACATIONS

NOTICE IS HEREBY GIVEN to all interested persons that a public hearing will be held by the Corporate Authorities of the City of Urbana, Illinois, on Monday, January 7, 2019, commencing at 7:00 P.M. in the Urbana City Council Chambers, 400 South Vine Street, Urbana, Illinois, to consider the vacations of street right-of-way for use by the adjoining property (Carle Foundation Hospital). The right-of-way to be vacated consists of a portion of Park Street, described as follows:

A PORTION OF THE PARK STREET (FORMERLY FIRST STREET) RIGHT-OF-WAY, IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 19 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, CHAMPAIGN COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT PART OF THE PARK STREET (FORMERLY FIRST STREET) RIGHT-OF WAY, BETWEEN THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF NORTH ORCHARD STREET, AS SHOWN ON THE PLAT OF BUSEY'S SUBDIVISION OF LOT E AND A PORTION OF LOT B OF A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 19 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED IN PLAT BOOK "D", AT PAGE 186 IN THE OFFICE OF THE RECORDER OF DEEDS, CHAMPAIGN COUNTY, ILLINOIS, AND THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF MCCULLOUGH STREET (FORMERLY WEST AVENUE), AS SHOWN ON THE PLAT OF S. H. BUSEY'S THIRD ADDITION TO THE CITY OF URBANA, AS RECORDED IN DEED RECORD 35, AT PAGE 128 IN THE OFFICE OF THE RECORDER OF DEEDS, CHAMPAIGN COUNTY, ILLINOIS. SAID RIGHT-OF-WAY BEING SIXTY-SIX FEET (66') IN WIDTH.

SAID TRACT CONTAINING 0.61 ACRES (26,422 SQUARE FEET), MORE OR LESS, ALL SITUATED IN THE CITY OF URBANA, CHAMPAIGN COUNTY, ILLINOIS.

And a portion of Orchard Street, described as follows:

A PORTION OF THE ORCHARD STREET RIGHT-OF-WAY, IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 19 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, CHAMPAIGN COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT PART OF THE ORCHARD STREET RIGHT-OF-WAY, BETWEEN THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE (U. S. ROUTES 150 & 45) AND THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF CHURCH STREET, AS SHOWN ON THE PLAT OF SIMEON H. BUSEY'S ADDITION TO THE CITY OF URBANA, AS RECORDED IN DEED RECORD BOOK 26, AT PAGE 2 IN THE OFFICE OF THE RECORDER OF DEEDS, CHAMPAIGN COUNTY, ILLINOIS. SAID RIGHT-OF-WAY BEING SIXTY-SIX FEET (66') IN WIDTH.

SAID TRACT CONTAINING 0.42 ACRE (18,216 SQUARE FEET), MORE OR LESS, ALL SITUATED IN THE CITY OF URBANA, CHAMPAIGN COUNTY, ILLINOIS.

All persons desiring to be heard for or against said vacation request may appear at said meeting and be heard thereon. Persons with disabilities needing services or accommodations for this hearing should contact the Community Development Services Department at 217-384-2440 or the City of Urbana's Americans with Disabilities Act Coordinator at 217-384-2466 or TTY at 217-384-2360.

Dated: December 18, 2018, at Urbana, Illinois

Charles A. Smyth

Urbana City Clerk

1398807 12/18


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ORDINANCE NO. 712

ORDINANCE NO. 712

AN ORDINANCE PROVIDING FOR THE INSTALLMENT PURCHASE OF CAPACITY

WHEREAS, Ordinances 691 and 698 provide for the payment of Connection Fees and Interceptor Cost Recovery Fees (ICRF), (collectively, the “Fees”) to finance the necessary construction by the Urbana & Champaign Sanitary District (the “District”) of treatment plant facilities, interceptors, and appurtenances thereto; and

WHEREAS, the Fees are based upon a determination of the Population Equivalency (“PE”) from the property;

WHEREAS, the Fees often constitute a substantial up front expense to certain commercial and industrial customers of the District;

WHEREAS, the District desires to provide an opportunity for certain applicants to pay Fees by purchasing capacity based upon the calculated PE as determined pursuant to District Ordinances by purchasing capacity in increments, on an annual basis as provided in this Ordinance. The entire PE is referred to in this ordinance as “Full Capacity” and the difference between the “Permitted Capacity” paid for by an applicant and the Full Capacity is referred to as “Outstanding Capacity”;

WHEREAS, no Permitted Capacity shall vest or otherwise attach to, or benefit a property until such capacity is purchased as provided herein, it being the intention that only such capacity that has actually been purchased shall vest and benefit the property;

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE URBANA & CHAMPAIGN SANITARY DISTRICT AS FOLLOWS:

SECTION ONE

PURCHASE OF PERMITTED CAPACITY IN INSTALLMENTS ALLOWED

1.1 Any person or entity required to pay Fees, the sum of the non-residential Fees in aggregate exceeding $250,000.00 at the time of application for a sewer extension permit pursuant to District Ordinances, may apply to the District to be allowed to purchase capacity in installments over a 5 year period as provided herein.

1.2 Application for installment purchases of capacity must be made within 90 days of the initial determination by the District of the total Fees due the District as if all Fees were to be paid in full to the District at the time of the initial application by the property owner.

1.3 The decision to allow a property owner to enter into an installment purchase agreement (“Installment Purchase Agreement”) shall be in the sole discretion of the Trustees of the District. In making such determination, the Board shall take into account the ability of the landowner and/or applicant to pay the District in accordance with this Ordinance, any Installment Purchase Agreement terms, the sufficiency of any security or other assurances of payment available to applicant, and such other factors, as in the sole discretion of the Trustees of the District, should be considered and are consistent with best interests of the ratepayers of the District.

SECTION TWO

GENERAL TERMS

2.1 Any application for installment purchases under this Ordinance must be presented to and approved by a roll call vote of a majority of the Trustees of the District.

2.2 An Installment Purchase Agreement satisfactory to the District must be signed by the property owner/applicant, the President of the Board of Trustees of the District, and such other persons or entities as the Trustees may require.

2.3 The initial payment under any Installment Purchase Agreement shall be paid upon the occurrence of the first of the following events: (a) the signature of UCSD is requested for the IEPA Construction Permit; (b) the actual new connection of any building on the property to the sanitary sewers; or (c) 30 days after approval of Installment Purchase Agreement by the Board of Trustees.

2.4 The initial payment shall include payment for all PE associated with residential portions of the Fees and shall be no less than 20% of the outstanding PE.

Additional Payments shall be scheduled and shall be in minimum amounts as follows:

25% of the Outstanding Capacity at the one year anniversary of the initial payment;

33% of the Outstanding Capacity at the two year anniversary of the initial payment;

50% of the Outstanding Capacity at the three year anniversary of the initial payment; and

100% of the Outstanding Capacity at the four year anniversary of the initial payment.

2.5 Annual installment payments shall constitute a lien against the property and any improvements thereon. The District may also require such other and further security or surety as the District deems necessary to ensure payment.

2.6 Upon the failure of any payment to be timely paid, the property owner shall be considered in default of the Agreement and the Trustees may consider the property as not permitted and may terminate services as allowed by District Ordinance. Alternatively, the District may require entire Remaining Capacity be paid immediately. Any Fees owed shall be considered a debt of the property owner of the lot, building or premises to the District and the District may file suit or take other action to collect the same and may collect such reasonable costs of collection, including but not limited to reasonable attorney's fees as are expended by the District for such purposes.

2.7 The property owner may at any time pay for all Remaining Capacity by making the appropriate application and payment. Thirty days prior to any sale or transfer of ownership of the property, the property owner may purchase the Remaining Capacity in full or, if agreed to in writing by the District, assign the Installment Payment Agreement to the new property owner.

2.8 Upon full payment for the Full Capacity, the District shall verify in writing that Full Capacity has been purchased and the District shall release any lien on the property.

SECTION THREE

DETERMINATION OF INSTALLMENT PAYMENTS

3.1 All individual installment payments shall be based upon the current rate as specified at the time the installment payment is due.

3.2 Any IEPA construction permit shall be for the ultimate planned capacity for the property. Any UCSD Permit shall be for the Permitted Capacity that has been paid for.

3.3 It is understood that the District is only reserving such Permitted Capacity as is paid for by the property owner pursuant to each installment. No additional capacity is allocated to the property until payment for such capacity is paid for and permitted in accordance with the installment payments as described in this ordinance. The District shall issue individual Connection Permits for each installment payment amount, including specifying the PE that is paid for at the property. Failure to apply annually for individual permits for each installment payment shall be considered a default under the terms of any Installment Purchase Agreement.

3.4 The District entering into an Installment Purchase Agreement shall not prevent adjustments from time to time of the Fees to be paid for future permits and installments if such Fees are adjusted by Ordinance duly passed by the District.

SECTION FOUR

VALIDITY OF ORDINANCE

4.1 The invalidity of any section, sentence, clause or provision of this Ordinance shall not affect the validity of any other part or portion of this Ordinance which can be given without such invalid part or portion, if any.

SECTION 5

ORDINANCE IN FORCE

5.1 This Ordinance shall be in full force and effect from and after its passage, and all ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance are hereby repealed on the effective date of this ordinance.

PASSED AND ADOPTED by the Board of Trustees of the URBANA & CHAMPAIGN SANITARY DISTRICT OF CHAMPAIGN COUNTY, ILLINOIS, this 6th day of December, 2018.

Ladell Myrick

Clerk of the Urbana & Champaign Sanitary District

and of its Board of Trustees

APPROVED BY THE PRESIDENT OF THE URBANA & CHAMPAIGN SANITARY DISTRICT and of its Board of Trustees, this 6th day of December, 2018.

Jerry Lyke

President of the Urbana & Champaign Sanitary District

and of its Board of Trustees

ATTEST:

Ladell Myrick

Clerk of the Urbana & Champaign Sanitary District

and of its Board of Trustees

APPROVED:

Mike McCormick

Attorney, Urbana & Champaign

Sanitary District

PUBLISHED Monday, December 17, 2018

STATE OF ILLINOIS )

) SS

COUNTY OF CHAMPAIGN )

I, The Undersigned, do hereby certify that I am the duly appointed Clerk of the Board of Trustees of the Urbana & Champaign Sanitary District of Champaign County, Illinois, and that the foregoing Amended and Restated Ordinance No. 712 is a true, complete and exact copy of said Ordinance that was adopted at the regular meeting of said Board of Trustees held on December 6, 2018 at the Office of the Administration Building of the Northeast Wastewater Treatment Facilities.

Ladell Myrick

Clerk

Signed and sworn before me.

Theresa Marie Plotner

Notary Public

#1398688, 12/17


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1283758


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THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT CHAMPAIGN COUNTY, ILLINOIS PROBATE DIVISION

THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT CHAMPAIGN COUNTY, ILLINOIS PROBATE DIVISION

IN THE MATTER OF THE ESTATE OF:

LORETTA M. LAWYER, Deceased.

18-P-337

NOTICE OF PUBLICATION - CLAIMS

Notice is given of the death of Loretta M. Lawyer. Letters of office were issued on November 8, 2018 to Diana J. Arvidson, 434 N. CR 200 W., Danville, IN 46122, as Independent Executor whose attorney of record is Rebecca E. P. Wade, Meyer Capel, a Professional Corpora­tion, 306 West Church, Champaign, Illinois 61820.

Claims against the estate may be filed in the office of the Clerk of the Circuit Court, Probate Division, Champaign County Courthouse, 101 East Main Street, Urbana, Illinois, 61801, or with the representative, or both, within six months from the date of the first publication of this notice and any claim not filed within that period is barred. Copies of a claim filed with the Clerk must be mailed or delivered to the representative and to the attorney within ten (10) days after it has been filed.

Diana J. Arvidson

Independent Executor

1397961 12/4,11,18