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HomeMy WebLinkAboutG91-98 (2) Ordinance No. G91-98 AN ORDINANCE ESTABLISHING POLICIES AND PROC: DURES FOR ALLOCATING THE COST OF SANITARY SEW: R IMPROVEMENTS TO BENEFITTED PROPERTI ; S WHEREAS, the City of Elgin (City) , the Fox River Water Reclamation District (FRWRD) , and indivi•ual property owners (Owners) have in the past and shall ii the future extend various elements of the City of El.in/Fox River Water Reclamation District (FRWRD) sanitary sewe system; and WHEREAS, the installation of said sanitary sewer system makes wastewater treatment service availal.le to properties in the designated service areas of such sewor extension projects and thereby benefits said properties; and WHEREAS, it is fair and equitable t. require the owners of benefitted properties to pay their fair share of the improvement costs associated with said sanitary sewer extension projects; and WHEREAS, it is fair and equ ' table to require reimbursement to the City and Owners f•r the cost of said sanitary sewer extension projects hich benefit such properties; and WHEREAS, the City has designated s.nitary sewer service areas for planned and completed sanit.ry sewer extension projects consistent with the adoptd City of Elgin Comprehensive Plan and the Interceptor Sewer Master Plan; 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 ,. function pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY TH CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Title 22 entitled "Sanitary Sewer Reimbursement" be and is hereby added t. the Elgin Municipal Code, 1976, as amended, to read as follow- : "TITLE 22 SANITARY SEWER REIMBU'SEMENT Chapters : 22 .02 General Provisions 22 . 04 Definitions 22 . 06 Administration 22 .08 Calculations Chapter 22 . 02 GENERAL PROVISIO S Sections : 22 . 02 . 010 Citation 22 . 02 . 020 Findings and Purpose 22 . 02 . 030 Intent 22 .02 . 040 Applicability 22 . 02 . 050 Requirement 22 . 02 . 060 Annexation 22 . 02 . 010 Citation. These regulations shall be known, cite• , and referenced to as the Sanitary Sewer Reimbursement regula ' ions of the City. 22 . 02 .020 Findings and Purpose. A. It is declared to be the policy o : the City of Elgin that the provision of sanitary sewer s:rvice required to serve new development is subject to the control of the City in accordance with the Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City. B. New development causes and impose- increased demands upon the sanitary sewer system hat are specifically attributable to those developments . C. Planning projections indicate tha• such development shall continue and shall place ever-increasing demands on the City and the Fox River Water 'eclamation District to provide sanitary sewer and wastewa er treatment service. D. Development potential and propert, values are influenced and affected by City policy as expressed in the Comprehensive Plan and in the I terceptor Sewer Master Plan. E. The amount of the sanitary sew-r reimbursement to be required of new development shal be determined by the -2- proportionate share cost of the piblic facilities needed to support such development, which public facilities shall be identified in the Comprehensiv: Plan, the Interceptor Sewer Master Plan, the Capital Imp ovement Program, or in a capital improvement budget. F. The City Council, after careful consideration, hereby finds and declares that sanita y sewer reimbursement required of new development to f ' nance specified public facilities, the demand for whic is created by such development, is in the best int-rests of the general welfare of the City and its resid-nts, is equitable, and does not impose an unfair burde on such development. Therefore, the City Council de-ms it necessary and desirable to adopt this Title as h:rein set forth. 22 . 02 . 030 Intent. This Title is intended to require sanit-ry sewer reimbursement, payable at the time of building permit issuance or at the time of connection to the sanitary sewer system, in an amount based upon the proportionate share of the cost of the completed sanitary sewer improvements required to serve new development. No territory described or identifies as tributary to the sanitary sewer system contemplated in the Interceptor Sewer Master Plan shall be issued a building permit or permitted to connect to or otherwise use the sani •ary sewer system until such time as payment is made to the city or the appropriate Owner of an amount allocated as the fai proportionate share of said improvements as determined by the policies and procedures set forth in this ordinance. Any buil• ing site held in common ownership with other adjoining pro•erty subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to paymen based on the entire amount established for the entire par•el as provided in this ordinance. 22 . 02 . 040 Applicability. This Title shall be uniformly applicable to development which occurs within the City, to development of territory subject to a pre-annexation agreement with the •ity, or to development which occurs in another municipali y and subject to a jurisdictional boundary agreement wi 'h the City; with the exception of exempted development as follows: A. Development of property for which the required reimbursement payment or developm-nt impact fee has been paid subject to the provisions of another ordinance shall be exempt from sanitary sewer reim•ursements . B. Development of property owned by the City of Elgin or by the Fox River Water Reclamation 'istrict shall be exempt from City sanitary sewer reim•ursements unless such -3- property is included in a sanita' y sewer reimbursement ordinance approved prior to t e adoption of this ordinance. 22 .02 . 050 Requirement. No building permit as herein defined shall be issued for a nonexempt development unless the appli•ant therefore has paid the sanitary sewer reimbursement imp.sed by and calculated pursuant to this Title. Prior to or c.ncurrent with issuance of a building permit, approval of a s 'te plan, approval of a final plat of subdivision, or approva of a final plat of a planned development; the City Planing Department shall calculate the interceptor sanitary sewed reimbursement. An amendment to an approved site plan, final plat of subdivision, final plat of plannes development, or an annexation agreement shall require compliance with this Title to the extent that such amendment resul 's in the calculation of a revised sanitary sewer reimbursement. 22 . 02 . 060 Annexation. The sanitary sewer reimbursement required by this Title also shall be required as a condition to the annexation of any territory to the City. Chapter 22 . 04 DEFINITIONS Sections : 22 . 04 . 010 Building Permit 22 .04 .020 Building Site 22 . 04 . 030 Capital Budget 22 . 04 . 040 Capital Improvement 22 . 04 . 050 Capital Improvement Program CIP) 22 . 04 .060 Certificate of Payment 22 . 04 . 070 City 22 . 04 .080 City Council 22 . 04 . 090 Comprehensive Plan 22 . 04 . 100 Cost 22 . 04 . 110 Demand Unit 22 . 04 . 120 Detention Area 22 . 04 . 130 Developer 22 . 04 . 140 Development 22 .04 . 150 Development Impact Fee 22 . 04 . 160 Downstream Sanitary Sewer 22 . 04 . 170 Elgin Planning Area 22 . 04 . 180 FRWRD 22 . 04 . 190 Gross Acreage 22 . 04 .200 Interceptor Sewer Master Play 22 . 04 . 210 Library District -4- 22 .04 . 220 Lot of Record 22 . 04 .230 Planned Development 22 .04 .240 Private Sanitary Sewer Reimb rsement Ordinance 22 .04 .250 Proportionate Share 22 .04 .260 Residential Development 22 . 04 .270 Retention Area 22 . 04 .280 Sanitary Sewer, Interceptor 22 .04 .290 Sanitary Sewer, Lateral 22 . 04 . 300 Sanitary Sewer Reimbursement, City 22 . 04 . 310 Sanitary Sewer Reimbursement, FRWRD 22 . 04 . 320 Sanitary Sewer Reimbursement, Private 22 . 04 . 330 Sanitary Sewer Reimbursement Effective Date 22 . 04 . 340 Sanitary Sewer Reimbursement Ordinance 22 . 04 . 350 Sanitary Sewer, Service Line 22 . 04 . 360 School District 22 . 04 . 370 Service Standard 22 . 04 . 380 Site Plan 22 . 04 . 390 Specifically Attributable 22 . 04 .400 Subdivision Ordinance 22 .04 .410 Wetland 22 . 04 .420 Zoning District 22 . 04 .430 Zoning Ordinance For the purposes of the regulations cod fied in this Title, the terms and words used in this Title sha 1 be used, interpreted, and defined as set forth in this Chapte , : 22 . 04 . 010 Building Permit - The p:rmit required for new construction and additions pursuant t. Elgin Municipal Code, Title 16 - Buildings and Constructio . The term building permit, as used herein, shall not be d:emed to include permits required for remodeling, for reh.bilitation or other improvements to an existing structur: , or for rebuilding a damaged or destroyed structure; provide• there are no increases in gross land area or sanitary sewer -ervice demand resulting therefrom. 22 . 04 . 020 Building Site - An area of and designed, intended, or used as a location for a structure. 22 . 04 . 030 Capital Budget - The portion of the City of Elgin annual budget devoted to the funding of capital improvement projects . 22 . 04 .040 Capital Improvement - A project or piece of equipment with a useful life in excess of three ( 3) years and costing in excess of $3,000 . 00 . 22 . 04 .050 Capital Improvement Program (CIP) - The multi-year program identifying future capital imp ovements and indicating planned sources of funding for those im.rovements . 22 . 04 . 060 Certificate of Payment - Th- standard form provided by the City acknowledging the paymen• of a private sanitary -5- sewer reimbursement to an Owner by t e owner of benefitted property. A Certificate of Payment shall be valid for a period of thirty (30) years from the date of issuance and, if necessary, may be renewed by the Owner •r by the Owner' s heirs and assigns . A Certificate of Paym= nt may be renewed by written application to the Code Adm'nistration Department. Where applicable, the Code Administr• tion Department shall require the submission of an executed, notarized copy of the appropriate Certificate of Payment •rior to approval of connection to the sanitary sewer sy-tem or prior to the issuance of a building permit, whicheve . occurs first. 22 . 04 . 070 City - The City of Elgin. 22 . 04 . 080 City Council - The Elgin Cit Council . 22 . 04 . 090 Comprehensive Plan - The official plan for the development of the City adopted by the lity Council and amended from time to time. 22 . 04 . 100 Cost - Expenditures incur 'ed or estimated to be incurred to fund a capital improvement project. These costs shall include, where applicable, acquisition of land, construction of improvements, equippi g of facilities, debt service; and administrative, engin-ering, architectural, consulting, and legal expenses incurr-d in connection with a project. 22 . 04 . 110 Demand Unit - A unit • ssociated with a new development that generates the ne-d for expansion or improvement to sanitary sewer facilitie-. . 22 . 04 . 120 Detention Area - A dry-bottom area of land which provides for the temporary storage of s ormwater runoff. 22 . 04 . 130 Developer - The owner of record of land proposed for development or his/her representative. 22 . 04 . 140 Development - Any change t• improved or unimproved real property, the use of any principal structure or land, or any other activity that requires issua ce of a building permit or an engineering permit. 22 . 04 . 150 Development Impact Fee - A special and additional fee imposed at building permit issuan e and calculated based upon the costs of public facilites in proportion to development creating the need for such ' acilities . 22 .04 . 160 Downstream Sanitary Sewer F• cilities - The phase of the sanitary sewer collection syste located between the wastewater treatment plant and the f:r edge of the subject property or a point equidistant to the far edge of the subject property boundaries extended. -6- 22 . 04 . 170 Elgin Planning Area - The ar-a contained within the City of Elgin corporate limits and the geographic area surrounding the City for which the City Council has adopted an official comprehensive plan designatin. land uses and setting forth growth management policies . 22 .04 . 180 FRWRD - The Fox River Water -eclamation District. 22 . 04 . 190 Gross Acreage - The entire a ea of a parcel of real property or a building site expresses in acres or portions thereof . 22 . 04 .200 Interceptor Sewer Master ,plan - The engineering study approved and adopted by th= Elgin City Council establishing service standards, and isentifying existing and projected service areas; and identifyi g capital improvements and estimating capital facilities cost• necessary to maintain standards and serve such areas with a s-nitary sewer collection system. 22 . 04 .210 Library District, Public - he Gail Borden Library District. 22 . 04 .220 Lot of Record - A lot which s separately designated as such in a plat of subdivision duly filed in the office of the recorder of deeds in the county in which said lot is located. 22 . 04 .230 Planned Development - Land, - tructures, or buildings which are planned and developed in conformance with the provisions of Elgin Municipal Code Title 19 - Zoning, Chapter 19 .60, Planned Developments . A planned development also may be referred to as a planned unit developme t. 22 . 04 . 240 Private Sanitary Sewer Reim•ursement Ordinance - An ordinance approved by the City Cou cil setting forth the conditions for recapture of costs for Owner financed capital improvement projects extending sanita y sewer service within the City of Elgin Planning Area. A Sanitary Sewer Reimbursement Ordinance shall contain, but not be limited to, provisions establishing the relevant service/recapture area, the cost of the sanitary sewer project, the interest rate to be used for recapture calculation, an. the sanitary sewer reimbursement effective date. 22 . 04 .250 Proportionate Share - The cost of a public facility, or capital improvement project specifically attributable to a new development. 22 . 04 .260 Residential Development - Ary change to improved or unimproved real property including a •rincipal structure, all or a portion of which is designed or intended for use as a residence. -7- 22 .04 .270 Retention Area - A wet-bot ' om area of land which provides for the temporary storage of stormwater runoff. 22 . 04 .280 Sanitary Sewer, Interceptor A major trunk line in the sanitary sewer system having an ext-nsive service area and serving a number of parcels . Intercept.r sewers are referenced in the Comprehensive Plan and/or the I terceptor Sewer Master Plan and include the Tyler Creek (North est) Interceptor Sewer (TCIS) , the North Randall Interceptor Sewer (NRIS) , the Big Timber Interceptor Sewer (BTIS) , and th= Bowes Road Interceptor Sewer (BRIS) . 22 . 04 .290 Sanitary Sewer, Lateral - A sanitary sewer line serving more than one parcel of 1-nd or more than one wastewater user, and tributary to the i terceptor sewer system. 22 . 04 . 300 Sanitary Sewer Reimbursement, City - The proportionate share payment required o recapture City costs associated with the downstream sanita y sewer facilities for which a parcel of land is tributary. 22 . 04 . 310 Sanitary Sewer Reimbur-ement, FRWRD - The proportionate share payment required t• recapture FRWRD costs associated with the downstream sanitaay sewer facilities for which a parcel of land is tributary. 22 . 04 . 320 Sanitary Sewer Reimburs-ment, Private - The proportionate share payment required t. recapture Owner costs associated with the downstream sanitary sewer facilities for which a parcel of land is tributary. 22 . 04 . 330 Sanitary Sewer Reimburseme t Effective Date - The date upon which the sanitary sewer .roject is accepted for public ownership and maintenance. 22 . 04 . 340 Sanitary Sewer Reimbursement Ordinance - Title 22 of the Elgin Municipal Code, as amended. 22 . 04 . 350 Sanitary Sewer, Service Line - A sanitary sewer line serving a single parcel of land or a si gle wastewater user. 22 . 04 . 360 School District - Any •ublic school district situated wholly or partially within the City providing elementary, junior high, high school, ol college education. 22 . 04 . 370 Service Standard - The ex sting level of service delivery associated with the sanitary .ewer system for which a sanitary sewer facility project shall b- designed and for which a sanitary sewer reimbursement shall be required. 22 . 04 . 380 Site Plan - A document prepared to scale indicating accurately the dimensions and boundarie- of a site; and showing the location of all proposed building- , structures, uses, and principal site development features for a parcel of land. -8- 22 .04 . 390 Specifically Attributable - 4n identifiable portion of the need for additional public Facilities, or capital improvement projects directly resulting from a proposed development. 22 . 04 .400 Subdivision Ordinance - Elgi Municipal Code, Title 18 - Subdivision, as amended, regulating the processes and design standards applicable to the divi-ion of land within the City. 22 . 04 .410 Wetland - Means or refers to the term as defined in "A Federal Manual for Identify ng and Delineating Jurisdictional Wetlands" , as amended. 22 . 04 .420 Zoning District - An area •f the territory of the City within which certain uses of land, premises, and buildings are controlled and within which certai development standards are established by ordinance. 22 . 04 .430 Zoning Ordinance - Elgin Municipal Code, Title 19 - Zoning, as amended, regulating the use of land within the City. Chapter 22 . 06 ADMINISTRATION Sections : 22 . 06 . 010 General Procedures for Sanit.ry Sewer Reimbursements . 22 . 06 .020 Use of City Sanitary Sewer Reimbursements . 22 . 06 . 030 Effect of Sanitary Sewer Rei bursements on Zoning and Subdivision Regulations . 22 . 06 . 040 Sanitary Sewer Reimbursement . as Additional and Supplemental Requirement. 22 . 06 . 010 General Procedures for Sanitary Sewer Reimbursements . A. Calculation and Collection of FRWRD Sanitary Sewer Reimbursements . Sanitary sewer reimbursements calculated and due pursuant to the policies and procedures of the FRWRD are separate and distinct from this Title. B. Calculation of Interceptor Sanita 'y Sewer Reimbursements . Interceptor sanitary sewer rei bursements established pursuant to this Title shall be calculated by the Planning Department. C. Collection of City Interce;'tor Sanitary Sewer Reimbursements . City interc-ptor sanitary sewer reimbursements calculated and due pursuant to this Title shall be collected by the Code A•ministration Department prior to approval of connection to the sanitary sewer -9- system or prior to the issuance of a building permit, whichever occurs first. D. Collection of Private Interceptor Sanitary Sewer Reimbursements . Private interceptor sanitary sewer reimbursements calculated and due pursuant to this Title shall be collected by the Owner. The Owner of property for which an interceptor sanita .y sewer reimbursement ordinance has been approved shall record such ordinance, shall obtain reimbursement dat,: from the Planning Department, and shall issue a Ce tificate of Payment in the form provided by the City upon the payment of reimbursement from the owner of a •enefitted property. E. Calculation of Lateral Sanitary Sewer Reimbursements . Lateral sanitary sewer reimburseme ts established pursuant to this Title shall be calculated by the Owner based on data included in the relevant ateral sanitary sewer reimbursement ordinance as approve• by the City Council . F. Collection of Lateral Sanitary Sewer Reimbursements . Lateral sanitary sewer reimbursem:nts calculated and due pursuant to this Title shall be collected by the Owners due such payments . The Owner of property for which a sanitary sewer reimbursement ordi ance has been approved shall record such ordinance and s all issue a Certificate of Payment in the form provided by the City upon the payment of reimbursement from th- owner of a benefitted property. G, Documentation and Notification R:quirements for Lateral Sanitary Sewer Reimbursement. he Owner of property proposing a lateral sanitary se er reimbursement shall prepare a listing of all benefitted properties including parcel sizes in acres, tax identification numbers, legal descriptions, and owners of record. The listing of benefitted properties shall be att.,ched to and made a part of the reimbursement ordinance an. shall be submitted to and maintained by the Code Adminis ration Department. The Owner shall be responsible for pos al service notification of the reimbursement ordinance t. owners of benefitted properties by certified mail . T e Owner shall document such notification prior to inal approval of a reimbursement ordinance by the Cit Council . H. Transfer of Funds to Accounts . Upon receipt of City sanitary sewer reimbursements, he Finance Department shall be responsible for placement of such funds into a separate account as hereinafter sp-cified. I . Establishment and Maintenance of Accounts . The Finance Department shall establish an inte est-bearing account for City sanitary sewer reimburseme ts in an institution authorized to receive deposits o , City funds. Interest -10- earned by such account shall be c , edited to that account and shall be used solely for the purposes specified for funds of such account. The Fi ance Department shall maintain and keep adequate financial records for the City sanitary sewer reimbursement accou t, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds fr•m the account shall be used solely and exclusively for he provision of public facilities specified for the part cular service area, as appropriate. J. Annual Review and Modification. n conjunction with the annual capital budget and Capit.: l Improvement Program adoption processes, the City shall review the development potential of the various sanitary sewer service areas and the Capital Improvement Prog am and make such modifications as are deemed nec=ssary as a result of changing sanitary sewer extensio needs and such other factors as may be relevant. Mod fications to projected development potential, the capita improvements program, and sanitary sewer reimbursements shall be made prior to December 31st of each year and shall be effective on January 1st of the following year. 22 . 06 . 020 Use of City Sanitary Sewer R:imbursements. City sanitary sewer reimbursements pais pursuant to this Title shall be restricted to use solely and e clusively for financing directly, or as a pledge or payment .gainst bonds and other obligations of indebtedness for the ost of sanitary sewer facilities by service area. 22 . 06 . 030 Effect of Sanitary Sewer Rei •ursements on Zoning and Subdivision Regulations . This Title shall not affect, in any manger, the permissible use of property, density of development, •esign, and improvement standards and requirements; or any other aspect of the development of land or provision of pub is improvements subject to the zoning and subdivision regulati•ns or other regulations of the City, which shall be operative .nd remain in full force and effect without limitation with respect to all such development. 22 . 06 . 040 Sanitary Sewer Reimbursement- as Additional and Supplemental Requirement. Sanitary sewer reimbursements are add'tional and supplemental to, and not in substitution of, any of er requirements imposed by the City on the development of 1=nd or the issuance of building permits . In no event sha 1 a property owner be obligated to pay a sanitary sewer reimb rsement in an amount in excess of the amount calculated pursua t to this Title; but, a -11- property owner may be required to say, pursuant to City ordinances, regulations, or policies, fo' other public facility costs as specified elsewhere in the Elgin Municipal Code in addition to the sanitary sewer reimburse ent. Chapter 22 .08 CALCULATIONS Sections : 22 . 08. 010 Criteria for Determining an Interceptor Sanitary Sewer Reimbursement. 22 . 08 . 020 Criteria for Determining a L.teral Sanitary Sewer Reimbursement. 22 . 08 . 030 Information Sources 22 . 08. 010 Criteria for Determining an interceptor Sanitary Sewer Reimbursement. The following criteria shall govern the calculation of an interceptor sanitary sewer reimbursemenu : A. Requirement and Gross Acreage Factor. For all developments, the gross developable acreage included on the site, or in the subdivision or planned development shall be the relevant demand unit and shall be directly related to the amount of the rei .ursement required for the sanitary sewer collection sys 'em. The sanitary sewer reimbursement shall be determined •y obtaining the product of the following: ( 1) the sum of 2) the cost of each of the completed portions of the do nstream sanitary sewer collection system adjusted for deist service requirements from the effective date to the dale of payment divided by (3) the total number of gross developable acres in each of the respective service areas of he downstream sanitary sewer collection system multipled by (4) the gross developable acreage of the develop ent site. B. Land Area Exceptions . The folio ing land areas shall be excluded from gross acreage for th- purpose of determining the gross developable acreage for an Interceptor sanitary sewer reimbursement: 1 . Land accepted as a City park -ite. 2 . Land dedicated as a site f.r a City water system capital improvement. 3 . Land dedicated as a site fo a City sanitary sewer system capital improvement. -12- 4 . Areas in excess of one ( 1) a• re devoted exclusively to active recreational use, and not requiring sanitary sewer service. 5 . Areas in excess of one ( 1) acre designated as a wetland by the U.S. Army Corps . of Engineers . 6 . Land used exclusively fo stormwater control purposes . C. Project Cost Documentation. The ai•plicable interest rate for a city sanitary sewer reimb rsement shall be the interest rate on the bonds and other obligations of indebtedness issued to fund projec costs . In the absence of any borrowing for project co- ts, the interest rate shall be set at the prevailing r.te for a U.S. Treasury Note with a 5 year maturity. 22 . 08 . 020 Criteria for Determining a L.teral Sanitary Sewer Reimbursement. The following criteria shall govern the calculation of a lateral sanitary sewer reimbursement: A. Requirement and Gross Acreage Factor. For all developments, the gross acreage included on the site, or in the subdivision or planned de elopment shall be the relevant demand unit, and shall be directly related to the amount of the reimbursement req ' ired for the sanitary sewer collection system. The sanitary sewer reimbursement shall be determined by obtaini g the product of the following: ( 1) the sum of (2) t e cost of each of the completed portions of the downs ream lateral sanitary sewer adjusted for debt service requirements from the effective date to the date of pay ent divided by (3) the total number of acres in the ent re service area of the downstream lateral sanitary sewer multiplied by (4) the gross acreage of the development s te. B. Project Cost Documentation. An 0 ner proposing a private sanitary sewer reimbursement ordinance shall submit documentation regarding the cost of the sanitary sewer improvement project including the terms and conditions of any financing secured for fundin.! the project. Project cost data shall be reviewed by t e City Engineer and the City Finance Director. Each such individual shall make a recommendation for approval or .enial of the proposed reimbursement ordinance based on the project cost documentation provided by the Ow er. In the absence of any borrowing for project costs, the interest rate shall be set at the prevailing rate fir a U.S. Treasury Note with a 5 year maturity. -13- 22 . 08 . 030 Information Sources . Calculations for the sanitary sewer reii bursement shall be based on project cost data, project fina cing data, and data from the City of Elgin Interceptor Se er Master Plan, as amended, and the land use data base supporuing that plan. " Section 2 . If any provision, clause, sentence, paragraph, section, or part of this T' tle, shall for any reason be adjudged by a court of compete t jurisdiction to be unconstitutional or invalid, said judgme t shall not affect, impair or invalidate the remainder of this title and the application of such provision to other persons or circumstances, but shall be confined in is operation to the provision, clause, sentence, paragraph section or part thereof directly involved in the contro ersy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council t at this title would have been adopted had such unconsti .utional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. Section 3 . That all ordinances or p.:rts of ordinances in conflict with the provisions of this o' dinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after January 1, 1999 . s/ Kevin Kell Kevin K:lly, Mayor Presented: November 4 , 1998 Passed: November 4, 1998 Omnibus Vote: Yeas 6 Nays 0 Recorded: November 5, 1998 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk -15-