The URL can be used to link to this page

Home My WebLink AboutG4-02 Ordinance No. G4-02 AN ORDINANCE ESTABLISHING A POLICY FOR THE FAR WEST AREA FOR DEVELOPMENT CONTRIBUTIONS FOR ROADWAYS WHEREAS, the City of Elgin has heretofore adopted a Comprehensive Plan which includes therein an area identified as the Far West Area; and WHEREAS, the annexation of additional territory in the Far West Area to the City of Elgin and new development thereof causes and imposes an increased and excessive demands upon public facilities and services that are specifically and uniquely attributable to those developments; and WHEREAS, such effected public facilities and services include roadway improvements; and WHEREAS, planning projections indicate that such development shall continue and shall place ever increasing demands on the City of Elgin relating to roadway improvements; and WHEREAS, to the extent that new development places demands upon public roadway improvements which are specifically and uniquely attributable to that development, those demands should be satisfied by requiring that developments creating the demands pay the cost of meeting the demands; and WHEREAS, the City Council, after review and careful consideration, hereby finds and declares that roadway improvement contributions required of territory in the Far West Area annexed to the city and new development thereon to finance specified roadway improvements, the demand for which is created by such development, is in the best interests of the general welfare of the city and its residents, is equitable, and does not impose an unfair burden on such development; and WHEREAS, Section 17 . 01 . 060 of the Elgin Municipal Code, 1976, as amended, provides in part that the City Council may, at its sole discretion, require additional contributions and dedications as it may deem necessary and desirable as a condition to the annexation of any land to the city; and WHEREAS, the City of Elgin is a home rule unit which may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the establishment of a policy providing for "'' development contributions for roadway improvements pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That this ordinance shall constitute the policy of the City of Elgin for development contributions for roadway improvements for the area consisting of the portion of the Far West Area identified and depicted on Exhibit 1 attached hereto and made a part hereof (hereinafter referred to as the "Subject Portion of the Far West Area" ) . The provisions of this ordinance shall be applied equally to all properties within the Subject Portion of the Far West Area annexed into the City of Elgin pursuant to an annexation agreement . Section 2 . That in order to provide a consistent application of requirements for contributions by landowners for necessary rights-of-way and improvements to city or county roadway systems resulting from development activity, the City Council of the City of Elgin hereby establishes policies with respect to required roadway improvement contributions and right-of-way dedications related to the annexation and development of property in the Subject Portion of the Far West Area. These policies shall apply to all roadway improvements planned, proposed or existing. These policies are intended to supplement development regulations contained in the Elgin Municipal Code in general and in the subdivision ordinance in particular. The policy elements are as follows : 1 . The owner of a property in the Subject Portion of the Far West Area shall pay a cash contribution to the city for area roadway improvements equal to the property' s proportionate share of area roadway improvement costs . The cash contribution for roadway improvements for a property shall be based upon and calculated according to the formula set forth in the City of Elgin Far West Area Roadway Improvement Contribution Formula dated January, 2002, attached hereto and made a part hereof as Exhibit 2 . The contribution for roadway improvements shall be payable in cash in a lump sum or in five installments . If the contribution is paid in a lump sum, the payment shall be due and paid prior to the passage of an ordinance annexing the subject property. If the contribution is paid in installments, payments shall be made in no more than five equal annual installments . The first installment shall be due prior to the passage of an ordinance annexing the subject property. Payment of the second, third, fourth and fifth installments of the roadway improvement contribution shall be due and paid at one year intervals from the date of the first payment, shall be adjusted for the installment term at the rate of nine (9) percent per annum and shall be secured through an irrevocable letter , ' of credit in favor of the city, in a form and content as �... approved by the city finance director and the corporation counsel . 2 . Where a planned City of Elgin or county public right-of-way is located on the subject property, the owner shall be responsible for the dedication of all right-of- way and easements required for the construction or expansion of the planned roadway. 3 . The contributions for roadway improvements established pursuant to this ordinance shall be calculated by the City Planning Department . Contributions for roadway improvements calculated and due pursuant to this ordinance shall be collected by the City Department of Code Administration. Upon receipt of contributions for roadway improvements, the City Finance Department shall be responsible for placement of such funds into separate accounts . Contributions for roadway improvements provided for in this ordinance shall be restricted for use solely and exclusively for financing directly, or as a pledge against bonds, revenue certificates, and other obligations of an indebtedness for the cost of roadway improvements . Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect upon its passage and publication in the manner required by law. E Schock, Mayor Presented: January 9, 2002 Passed: January 9, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: January 10, 2002 Published: January 11, 2002 Attest : Ii3.V6b)1-"v"-C 1----- Dolonna Mecum, City Clerk Exhibit 1: Areas Subject to the Far West Area �'°`�"� Roadway Improvement Contribution I. Pir -, �a p N rift Subject Area 0 iir �r ■ — IF; 1 ' :.. -. I. :-:. IIIIII.. :. ,, . ,,x4J i,.... , :. few l7 2 i _ _ i 2 .±- .. Exhibit 2 City of Elgin Far West Roadway Improvement Contribution Formula January, 2002 142,000 Lineal feet of existing roads in the subject area. x $ 180 Average per lineal foot cost to improve roads to an urban cross section. $ 25,560,000 Total cost to improve roads in the subject area. x 0.50 credit $ 12,780,000 Net cost to improve roads in the subject area. 4,572 Net buildable acres in the subject area. $ 2,800 Per acre contribution* Payment Option 1 Payable in lump sum prior to the passage of an ordinance annexing the subject property. Payment Option 2 Maximum five payments, 9%per annum interest on balances due after first year to offset future costs increases in roadway improvements. Balances to be secured with a letter of credit. 20%payable at annexation 20% at 12 months (plus 9% interest for one year) 20% at 24 months (plus 9% interest for two years) 20% at 36 months (plus 9% interest for three years) 20% at 48 months (plus 9% interest for four years) * Assessed for a subject property on a net acre basis (gross acres minus 25%). The dollar amount for the per acre contribution shall be adjusted upward at an annual rate of three percent (3%) effective January 1, 2003, and annually thereafter. rik �,.., CITY OF ELGIN ORDINANCE NO. G4-02 AN ORDINANCE ESTABLISHING A POLICY FOR THE FAR WEST AREA FOR DEVELOPMENT CONTRIBUTIONS FOR ROADWAYS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 9TH DAY OF JANUARY 2002 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 11th day of January 2002. A. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on January 9, 2002, the Corporate Authorities of such municipality passed and approved Ordinance No. G4-02, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G4-02, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on January 11, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public folt" upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on January 11, 2002. -12.(444‘--Municipa lerl (SEAL)