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Home My WebLink AboutG22-03 Ordinance No. G22-03 AN ORDINANCE w PROVIDING FOR THE ALLOCATION TO AND REIMBURSEMENT FROM BENEFITTED PROPERTIES OF THE COSTS OF THE BOWES ROAD, OTTER CREEK AND BOWES CREEK INTERCEPTOR SEWERS AND OTTER CREEK LIFT STATION WHEREAS, the City of Elgin has caused certain sanitary sewer improvements to be made which are known as the Bowes Road Interceptor Sewer Phase I , Bowes Road Interceptor Sewer Phase IB Parallel Sections 1 and 2 , Bowes Road Interceptor Sewer Phase II , the Bowes Road Interceptor Sewer Force Main and the Otter Creek Lift Station and improvements and appurtenances relating thereto, and the city intends to cause certain sanitary sewer improvements to be made which are known as the Bowes Road Interceptor Sewer Trunk 20 and the oversizing of the Bowes Creek Sanitary Sewer Interceptor (hereinafter collectively referred to as the "Subject Sanitary Sewer Improvements" ) ; and WHEREAS, the construction of the Subject Sanitary Sewer Improvements makes the Subject Sanitary Sewer Improvements accessible to certain nearby properties and thereby benefits said properties; and WHEREAS, it is reasonable to require owners of property nearby the Subject Sanitary Sewer Improvements to bear and reimburse to eimb. the City of Elgin a proportionate cost of the Subject Sanitary Sewer Improvements in the event that said owners desire to connect to and use the Subject Sanitary Sewer Improvements; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of sanitary sewer improvements and the allocation of the cost of sanitary sewer improvements to benefitted properties pertains to the government and affairs of the City of Elgin; and WHEREAS, benefitted properties which benefit from the Subject Sanitary Sewer Improvements are located in the South-Southwest Sanitary Sewer Recapture Area and its Sub-Areas as depicted in Exhibit 1 attached hereto and made a part hereof (such properties in the South-Southwest Sanitary Sewer Recapture Area and its Sub- Areas as depicted in Exhibit 1 are hereinafter referred to as the "Subject Benefitted Properties" ) ; and WHEREAS, the City Council of the City of Elgin hereby finds that the fair proportionate share of the costs of the Subject Sanitary Sewer Improvements to the Subject Benefitted Properties by the availability of such Subject Sanitary Sewer Improvements should be computed according to the formula as set forth in the South- Southwest Sanitary Sewer Recapture Areas/Schedule of Fees dated March 2003 , attached hereto and made a part hereof as Exhibit 2 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the owner of any of the Subject Benefitted Properties who desires to connect to and use any of the Subject Sanitary Sewer Improvements shall pay to the City of Elgin the amount allocated as the fair proportionate share of the costs of the Subject Sanitary Sewer Improvements according to the formula set forth in the South-Southwest Sanitary Sewer Recapture Areas/Schedule of Fees dated March 2003 , attached hereto and made a part hereof as Exhibit 2 . Said fees shall be in addition to any and all other fees established by the City of Elgin for sanitary sewer services . Section 2 . The payment of a property' s proportionate share of the costs of the Subject Sanitary Sewer Improvements provided for in this ordinance shall be payable to the City of Elgin prior to the issuance of a building permit . No property in the South- Southwest Sanitary Sewer Recapture Area and its Sub-Areas in Exhibit 1 that will be connected to the Subject Sanitary Sewer Improvements shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject Sanitary Sewer Improvements until such time as payment is made to the City of Elgin in an amount equal to such property' s proportionate share of said improvements as set forth in this ordinance . Section 3 . That any property held in common ownership with and contiguous to 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 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 from and after its passage in the manner provided by law. Schock, Mayo Presented: April 9, 2003 Passed: April 9, 2003 Vote : Yeas : 6 Nays : 0 Recorded: April 10 , 2003 Attest : Dolonna Mecum, Cty Clerk Goa ' Exhibit 1 J, _ . South-Southwest Sanitary Sewer Recapture Area and its Sub-Areas (Bowes Road, Bowes Creek, Otter Creek Interceptor Sewers, and Otter Creek Lift Station) ;7 1 r 1 Wrillio— Nil 'b' L_L✓�i(i . IL,/ ( 2).,_ o ,\--,, ..,„,1 \------ In .----iiwili O • 1111)E., it kiii:: fl. . 7.0111"0: a 11;-%2- • 90_ ---■______, 4 Ah)-- c..2--:;44.,-1,44,-,- 1 111 -11111rithill --Bowes Road '- -ktit kJ! jail- Sub-Area ` I hi" 0 „" .,.. re , lipii Nil _____ Gj1"/ /-' .igh Al. Illi II �>lI _.... 1 Nichiri pr.-It . lih ..,__ 1.0 Al rita , _11,z,„ JJBCr .11‘ it4 ,:, eek Sub Area 1H— ! UITi fai ..._____-- --7 , 9 It L=Jiiiiiii '11 ii-------), ou N Exhibit 2 South - Southwest Sanitary Sewer Recapture Areas/Fees (Bowes Road and Otter Creek Intercepter Sewers, Otter Creek Lift Station) Fee Per Fee Per 1,000 sg.ft.of Fee Per 1,000 sg.ft. Construction Gross Costs Net Acres in Cost Per Dwelling Unit Commercial Building of Industrial Buildin. Sub-Area Costs(1) fJ - Water Shed = Acre u ll 77, .: ':. ...2F f! .u•- _w+t .,°,„.x;k'teet OW:s 4`',� °,' "-04 rz ,4.'?^ ':feu 7L.t?4ia. • .�Y ., L' `l !u :�a..�::u.?': ^. Bowes Road Base $10,199,834 $16,155,454 6369 $2,537 $634 $233 $14. Other(BRIS Trunk 20) $5,000,000 $7,919,468 4357 $1.818 $455 $157 �'• Fee: $4,355 $1,089 $400 $251 i'��'s'Yr}4,i.4`� ,..�h`d�,�.,:. f•.i'.rrw-.F7,..,. C ,c,'.�,,......w k°,,�'s�'n',,'rni i kr,'::%' tr a....- sdw",.r.',+:ti.t�' .l 4 r7:,' .,...>: ...w;"'a " ' F - 111,1 yr• d o. P i $ Bowes Creek Base $10,199,834 $16,155,454 6369 $2,537 $634 $233 $14. Other (Bowes Creek oversizing) $1,000,000 $1,583,893 2012 $787 $J91 $72 Fee: $3,324 $831 $305 $191 01/06/03 sr 1. Per the City Engineering Department. 2. Includes financing costs (assumes 20 year bond at 5% annual interest). 3. Assume an average of four dwelling units per acre density. 4. Assume an average floor area ratio of 0.25. Fee represents a proportionate share of an acre based on building coverage. 5. Assume an average floor area ratio of 0.40. Fee represents a proportionate share of an acre based on building coverage. 6. An individual fee is not to exceed the amount resulting from these calculations, or$50,000, whichever is less.