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HomeMy WebLinkAboutT1-93 (4) 4 Ordinance No. T1-93 AN ORDINANCE AMENDING ORDINANCE NO. T2-90 ENTITLED "AN ORDINANCE ALLOCATING THE COST OF CERTAIN SANITARY SEWER IMPROVEMENTS TO BENEFITTED PROPERTIES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Ordinance No. T2-90 entitled "An Ordinance Allocating the Cost of Certain Sanitary Sewer Improvements to Benefitted Properties" passed August 22 , 1990, be and is hereby amended by deleting from the territory described in Exhibit A the following: "also Lots 10, 11, 12 , 13, 14, 15 and 16 of West Highland Acres, Unit No. 2" . Section 2 . That this ordinance shall remove the liens placed on Lots 10, 11, 12, 13, 14 , 15 and 16 of West Highland Acres, Unit No. 2, that were imposed by the original ordinance filed with the Kane County Recorder of Deeds on September 17 , 1990 as document number 90K48753 . Section 3 . That, except as amended herein, Ordinance No. T2-90 remains in full force and effect. Section 4 . That a certified copy of this ordinance shall be recorded with the Recorder of Deeds, Kane County, Illinois . Section 5 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 10, 1993 Passed: March 10, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: March 11, 1993 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk la: 41 in `,. FEt�, Agenda Item No . 1::) tI/ffe February 18, 1993 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Revision to Existing Recapture Ordinance Ordinance No. T2-90 PURPOSE: This memorandum will provide the Mayor and Council with information to consider a change to an existing sanitary sewer recapture ordinance for the Apostolic Christian Resthaven. BACKGROUND: The City Council authorized Ordinance No. T2-90 titled "An Ordinance Allocating the Cost of Certain Sanitary Sewer Improvements to Benefitted Properties" at their August 22 , 1990 meeting. This ordinance, a copy of which is attached, was set up so that the Apostolic Christian Resthaven could recover a portion of the cost of installing sanitary sewer from the Valley Creek subdivision to their property. The ordinance was written so that any property owner who was within the service area was required to pay their fair share whether they connected to the sewer or not, and a lien would be placed on their property. The service area should not have included lots 10, 11, 12 , 13, 14 , 15 and 16 of West Highland Acres because it is land already subdivided in the Township and is outside of the City Limits of Elgin. The ordinance should be amended to state that upon annexation to the City of Elgin any properties south of Highland Avenue desiring to connect to this sewer pay for the improvements at the time of connection to the sewer at the per acre price quoted in the ordinance, plus all costs of the facilities necessary to connect to this sewer. The determination of the properties that will be allowed to tie into the sewer will be decided on a case by case basis based both on the downstream sewer capacity and the availability of Interceptor Trunk 20 which extends north along Randall to Sandy Creek then west generally along Sandy Creek into Almora Heights . All properties which have been connected to the sewer, ie. Highland Glen Units 1 and 2 , have already paid their share of the sewer cost. Mayor and Members of the City Council February 18, 1993 Page 2 FINANCIAL IMPACT: The cost of this amendment to the City will only be the cost of filing the revision with the Kane County Recorder. RECOMMENDATION: It is recommended that the City Council direct the staff to prepare the necessary amendment to Ordinance No T2-90 deleting the lien and removing specific mention of the aforementioned in the West Highland Acres Subdivision. Larry L. ice, C' Manager attachment VOLUME LV 484 Ordinance No. T2-90 AN ORDINANCE ALLOCATING THE COST OF CERTAIN SANITARY SEWER IMPROVEMENTS TO BENEFITTED PROPERTIES WHEREAS, Apostolic Christian Resthaven extended a sanitary sewer and it is fair and equitable to require bene fitted properties to pay their fair share of the improvement; and WHEREAS, the installation of said sanitary sewer makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Apostolic Christian Resthaven for a portion of the cost of said sanitary sewer which benefits such properties; and WHEREAS, the additional cost of extending the sanitary sewer to serve the properties benefitted amounts to $57,588; and WHEREAS, the City Engineer has determined that the sanitary sewer installation heretofore described will benefit all parcels of land with a total of 45 acres more or less; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, sanitary sewer service is a function pertaining to the government and affairs of the City of Elgin; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described sanitary sewer improvements to properties benefitted by the availability of such facilities should be computed at the rate of $1,279.73 per acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That no territory described in Exhibit A, attached hereto and made a part hereof, shall be permitted to connect or otherwise use the sanitary sewer described herein until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of said improvement as set forth as $1,279.73 per acref or portion thereof. Section 2. That any property held in common ownership with other property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3. That any person desiring to hook on may pay the amount allocated without interest if payment is made prior to October 15, 1990. If full payment is not made prior to October 15, 1990 then payment shall be made in full plus interest at the rate of nine (9%) percent per annum accruing from and after the date of passage of this ordinance until the date of payment. •485 VOLUME LV Section 4. That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Apostolic Christian Resthaven or their successors or assigns, as reimbursement for the cost and expense of extending the sanitary sewer described above. Section 5. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds, Kane County, Illinois. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 22, 1990 Passed: August 22, 1990 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Exhibit A All lots in Highland Glen Subdivision, Unit No. 1 and Highland Glen Subdivision, Unit No. 2; also Lots 10 , 11 , 12 , 13 , 14 , 15 and 16 of West Highland Acres, Unit No. 2 , all located within Elgin Township, Kane County, Illinois. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A TRAINING SITE AGREEMENT WITH THE PRIVATE INDUSTRY COUNCIL OF NORTHERN COOK COUNTY Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas . Councilmembers Fox Gilliam, Moylan, Popp le, Walters, Yearman, and Mayor VanDeVoorde. Nays: None.