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HomeMy WebLinkAboutS-788 t /� Ordinance No. S-788 F AN ORDINANCE APPORTIONING THE COST OF THE CONSTRUCTION OF A WATER DIS- TRIBUTION LINE ACROSS THE FOX RIVER IN THE CITY OF ELGIN TO THOSE PROPERTY OWNERS SITUATED IN SECTION 1 (LYING WEST OF THE FOX RIVER), THE SOUTH HALF OF SECTION 2 AND THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, WHO MAY ELECT TO HOOK ON AND UTILIZE SUCH WATER FACILITIES IN THE FUTURE. WHEREAS, Willow Lake Estate, Inc. , an Illinois corporation, who is the owner of certain real estate in Sections 1 and 2, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, were without adequate public water supply for the development they were constructing on said property, and it was necessary to extend a water distribution line or main across the Fox River in order to afford such facili- ties, and WHEREAS, such water line extension across the Fox River was con- structed at a total cost of $53, 391. 00, of which Willow Lake Estates, Inc. paid $41, 885. 21 and the City of Elgin contributed the amount of $11, 505. 79, and WHEREAS, said water line extension across the Fox River now makes public water supply available to other areas immediately adjoining said Willow Lake Estates, Inc. which service was not available until the said extension across the Fox River, and WHEREAS, the said parties desire to be protected to the extent that no other immediate area in the future may be allowed to hook on to the said water line extension which was constructed by them across the Fox River without re- imbursing the said parties for the,fair proportionate cost of the water line facilities as pertains to the respective parcel being hooked on thereto, and WHEREAS, the City of Elgin feels that the construction of such water facilities is of benefit to the entire community and to the general public health, safety and welfare of the City of Elgin, and WHEREAS, the City Engineer has determined that the immediate area to be' benefited by such water line extension across the Fox River including the Willow Lake Estates property consists of a total of 266 acres located in Section 1 (lying South of the Fox River), the South half of Section 2 and the Northeast quarter of Section 11, Tovvrshp 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, bounded as follows, to-wit: r 7� 1 Commencing at the intersection of the Northerly line of Adalaide Avenue and the Easterly right-of-way line of Route 31 for a point of beginning; thence Easterly along the said Northerly right-of-way line of Adalaide Avenue to its intersection with the Westerly banks of the Fox River; thence Easterly and Northerly along said West- erly bank of the Fox River to its intersection with the Southerly right-of-way line of the Northwest Toll Highway; thence Westerly along the Southerly right-of-way line of the Northwest Toll High- way to its intersection with the Easterly right-of-way line of Route 31; thence Southerly along the Easterly right-of-way line of Route 31 to the point of beginning, and WHEREAS, it has been computed by the Engineering and Inspection Department of the City of Elgin that the cost to each acre of land benefited amounts to $200. 72. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City of Elgin shall not permit any of the afore- described real estate to be hooked onto and connected to the water extension line which was constructed by the City of Elgin and Willow Lake Estates, Inc. across the Fax River until any such individual hooking and connecting such 4111) property onto said water extension main shall pay the City of Elgin a sum equal to $200. 72 per acre owned by the individual requesting such connection. All such hook-on charges shall be computed upon the actual acreage owned by the individual seeking such hook on and in computing such acreage, it shall be deemed that the property hooking on owns real estate to the center line of any road adjacent thereto whether private or public. The aforedescribed connection charge pertains solely to the cost of extending the water line across the Fox River and is exclusive of any other water line extension costs pertaining to the extension of laterals throughout the above-described area. Section 2. Out of each $200. 72 collected by the City, for such connection charges, the City shall immediately pay the sum of $157. 45 to Willow Lake Estates, Inc. , an Illinois corporation, its successors or assigns, to reimburse said corporation for its proportionate share of the cost ad- vanced to construct such water line facilities. r Section 3. That this ordinance shall be in full force and effect from and after its passage, as provided by law, and shall be published in pamphlet form by authority of the City Council. Clyde L. Shales, Mayor Presented: July 8, 1965 Passed: July 8, 1965 Vote: Yeas 5 Nays 0 Published: July 8, 1965 Recorded: July 8, 1965 Attest: Myrtle E. Spiegler, City Clerk r r