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HomeMy WebLinkAboutT15-03 Recorded 20031-G 1 93209 SANDY WEGMAN RECORDER KANE COUNTY, IL State of Illinois) RECORDED ON County of Kane) ss 10/31/2003 21:58AM City of Elgin ) REC FEE: 25.00 PAGES: 4 CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. T15-03 AN AMENDED ORDINANCE ALLOCATING THE COSTS OF CERTAIN WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (Steel Street and Owasco Avenue) passed by the Elgin City Council at its legally convened meeting held on August 27,2003. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this September 15,2003. City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk C`� City of Elgin 150 Dexter Court ` 150 Dexter Court Elgin, IL 60120 2- 6 sr/ Elgin, IL 60120 1 ordinance No. T15-03 AN AMENDED ORDINANCE ALLOCATING THE COSTS OF CERTAIN WATER LIN IMPROVEMENTS TO BENEFITTED PROPERTI:S (Steel Street and Owasco A enue) WHEREAS, the City of Elgin has caus:d certain water main improvements to be made within Steel Street between Jerusha Avenue and Owasco Avenue and within Owasco Avenue between Steel Street and Clifford Street (hereinafter referred to as he "Subject Water Main Improvement" ) ; and WHEREAS, the construction of the Subject Water Main Improvement makes the Subject Water Main Imirovement accessible to certain adjoining properties and thereby be_ efits said properties; and WHEREAS, it is reasonable to requi e owners of property adjoining the Subject Water Main Improvement to bear a proportionate cost of the Subject Water Main Improvement in the event that said owners desire to connect o and use the Subject Water Main Improvement; and WHEREAS, the City of Elgin is a home ule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, 'the construction and ownership of water main improvements and the allocation of the costs of water main improvements to benefitted properties pert: ins to the government and affairs of the City of Elgin; and WHEREAS, the total cost of the Subject Water Main Improvement on Steel Street and Owasco Avenue was $64 , 277 . 00 of which $21, 209 . 00 is the amount allocated to eight adjacent properties; and WHEREAS, the City Council has previo sly adopted Ordinance No. T20-02 allocating the cost of such wator main improvements to certain benefitted properties along Steel Street and Owasco Avenue; and WHEREAS, it is necessary and desirable to provide' for certain amendments to Ordinance No. T20-02 througi the adoption of this amended ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE •ITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the owner of any of tie properties identified in Exhibit A attached hereto and made a par hereof who desires to connect to and use the Subject Water Main I provement shall pay to the City of Elgin the amount allocated as the fair proportionate share of the costs of the Subject Water Man Improvement as set forth in Exhibit A. Said fee shall be in a.dition to any and all other fees established by the City of Elgin for water service. Section 2 . No property listed in Ex ibit A that will be connected to the Subject Water Main Improve ,ent shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject Water Main Improvement unti such time as payment is made to the City of Elgin in an amount eq al to such property' s proportionate share of said improvements :s set forth in this ordinance. Section 3 . That any property held in common ownership with and contiguous to property subject to th- provisions of this ordinance on the effective date of this ordi ance shall be subject to payment based on the entire amount esta lished for the entire parcel as provided in this ordinance. Section 4 . That any person desiring to connect to the Subject Water Main Improvement may pay the amo nt allocated without interest if payment is made prior to Octo.er 1, 2003 . If full payment is not made prior to October 1, 2003 then payment shall be made in full plus interest at the rate of -.even percent (7%) per annum accruing from October 1, 2003 , until he date of payment . Section 5 . That a certified copy of his ordinance shall be recorded by the City Clerk with the Recorder of Deeds, Kane County, Illinois. Section 6 . That a copy of this ordin_nce shall be mailed by the city' s water director via first class ail to the properties identified in Exhibit A attached hereto. Section 7 . That Ordinance No. T20-02, previously adopted by the City Council of the City of Elgin on S-ptember 25, 2002, and recorded on October 9, 2002, as Documents N. . 2002K126573 , be and is hereby repealed. Section 8 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2003 Passed: August 27, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: August 28, 2003 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk EXHIBIT A PIN AND ADDRESS LEGAL DESCRIPTION PROPERT SIZE RECAPTURE AMOUNT 885 Steel Street 06-11-130-004 66' 132 ' $ 2,651,00 Lot 10, Block 9 Sadler's Addition 871 Steel Street 06-11-131-001 66' q 132 ' $ 2,651.00 (a/k/a 950 Steel Street) Lot 9, Block 11 Sadler's Addition 863 Steel Street 06-11-131-004 66' . 132 ' $ 2,651.00 Lot 10, Block 11 Sadler's Addition 839 Steel Street 06-11-178-001 66' 132' $ 2,651.00 Lot 9, Block 13 Sadler's Addition 829 Steel Street 06-11-178-004 66' 132 ' $ 2,651.00 Lot 10, Block 13 Sadler's Addition 590 Owasco Avenue 06-11-178-005 66' 132 ' $ 2, 651.00 Lot 11, Block 13 Sadler's Addition 586 Owasco Avenue 06-11-178-008 66' 132 ' $ 2,651.00 Lot 12, Block 13 Sadler' s Addition 582 Owasco Avenue 06-11-178-009 66' 132' $ 2,651.00 Lot 13, Block 13 Sadler's Addition 2003K193209 t, o OF f, ,�" c�~ City of Elgin Agenda Item No. i x viiir. li r „5-. E August 8, 2003G uwrl I ,;,IfsN .flip TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENTEFFIC IENT SERVICE~, C\ AND QUALITY INFRASTRUCTURE 1 ,e FROM: David M. Dorgan, City Manager , ' Larry E. Deibert, Director of le Water Department SUBJECT: Revised Recapture Ordinance for Water Main Improvements Along Steel Street and Owasco Avenue PURPOSE The purpose of this memorandum is to •.eek authorization from the Mayor and members of the City Council to revise a recapture ordinance for water main improvements :long Steel Street and Owasco Avenue . elik BACKGROUND On August 23 , 2002 , at a Committee of th= Whole Meeting the City Council authorized a recapture agreem-nt for the U-Stor-It facility on Steel Street . Part of the cost of the water main installed on Steel Street and Owasco Avenue was to be recaptured from adjoining property owners . Basically this revised ordinance will rectify two clerical errors made with the original ordin-nce . One being the inclusion of 995 Steel Street, a resi•ence which is already receiving water service off of Jerusha avenue and therefore not subject to this recapture agreement, .:nd also an inaccurate listing of an address . The correct add ess should be 871 Steel Street, (a/k/a 950 Steel Street) . The attached amended ordinance rectifies those issues . COMMUNITY GROUPS/INTERESTED PERSONS CONTA TED None /1iFINANCIAL IMPACT None REVISED RECAPTURE ORDINANCE August 8, 2003 Page 2 LEGAL IMPACT • \14\12111%one. ALTERNATIVES 1 . Not to proceed with the revised recapture ordinance . RECOMMENDATION It is recommended that the City Counci authorize the revised recapture ordinance for water main imi.rovements along Steel Street and Owasco Avenue . Respectfully submitted for Council consid-ration. LED:mg Attachment r DRAFT 7/21/03 Ordinance No. T AN AMENDED ORDINANSE ALLOCATING THE COSTS OF CERTAIN WATE' MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (Steel Street and Owasco Avenue) WHEREAS, the City of Elgin has caised certain water main improvements to be made within Steel Stre=t between Jerusha Avenue and Owasco Avenue and within Owasco Avenue between Steel Street and Clifford Street (hereinafter referred to a- the "Subject Water Main Improvement" ) ; and WHEREAS, the construction of t e Subject Water Main Improvement makes the Subject Water Main improvement accessible to certain adjoining properties and thereby .enefits said properties; and WHEREAS, it is reasonable to req ire owners of property adjoining the Subject Water Main I provement to bear a proportionate cost of the Subject Water Main Improvement in the event that said owners desire to connec to and use the Subject Water Main Improvement; and rikWHEREAS, the City of Elgin is a hom= rule unit authorized to exercise any power and perform any f nction relating to its government and affairs; and WHEREAS, the construction and o ership of water main improvements and the allocation of t e costs of water main improvements to benefitted properties pe' tains to the government and affairs of the City of Elgin; and WHEREAS, the total cost of the Subje t Water Main Improvement on Steel Street and Owasco Avenue w•:s $64 , 277 . 00 of which $21, 209 . 00 is the amount allocated to e 'ght adjacent properties; and WHEREAS, the City Council has previously adopted Ordinance No. T20-02 allocating the cost of such w-;ter main improvements to certain benefitted properties along Steel Street and Owasco Avenue; and WHEREAS, it is necessary and desirable to provide for certain amendments to Ordinance No. T20-02 thro gh the adoption of this amended ordinance . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the owner of any of he properties identified in Exhibit A attached hereto and made a p-rt hereof who desires to connect to and use the Subject Water Main Improvement shall pay to the City of Elgin the amount allocated a-. the fair proportionate share of the costs of the Subject Water Main Improvement as set forth in Exhibit A. Said fee shall be in addition to any and all other fees established by the City of Elgin for water service . Section 2 . No property listed in Exhibit A that will be connected to the Subject Water Main Impro ement shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject Water Main Improvement un it such time as payment is made to the City of Elgin in an amount equal to such property' s proportionate share of said improvement- as set forth in this ordinance. Section 3 . That any property held ;n 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 es ablished for the entire parcel as provided in this ordinance . Section 4 . That any person desiring to connect to the Subject Water Main Improvement may pay the a ount allocated without interest if payment is made prior to October 1, 2003 . If full payment is not made prior to October 1, 2003, then payment shall be made in full plus interest at the rate oi seven percent (7%) per annum accruing from October 1, 2003, unt ' 1 the date of payment . Section 5 . That a certified copy o this ordinance shall be recorded with the Recorder of Deeds, Kan= County, Illinois. fiwC- c k."-t-`-"\ - .-- Section 6 . That a copy of this ordnance shall be mailed by the city' s water director via first clas- mail to the properties identified in Exhibit A attached hereto. Section 7 . That Ordinance No. T20-$2, previously adopted by the City Council of the City of Elgin o September 25, 2002 , and recorded on October 9, 2002 , as Document- No. 2002K126573 , be and is hereby repealed. Section 8 . That this ordinance sh. 11 be in full force and effect from and after its passage in the manner provided by law. Ed Schock, Mayor Presented: Passed: Vote: Yeas Nays : Recorded: Published: • Attest : Dolonna Mecum, City Clerk F:\Legal Dept\Ordinances\Recapture Water Main Improvement-Steel St Amended-LD.doc EXHIBIT A PIN AND ADDRESS LEGAL DESCRIPTION PROP RTY SIZE RECAPTURE AMOUNT 885 Steel Street 06-11-130-004 66' x 132' $ 2,651, 00 Lot 10, Block 9 Sadler's Addition 871 Steel Street 06-11-131-001 6:' x 132' $ 2,651.00 (a/k/a 950 Steel Street) Lot 9, Block 11 Sadler's Addition 863 Steel Street 06-11-131-004 6: ' x 132' $ 2,651.00 Lot 10, Block 11 Sadler's Addition 839 Steel Street 06-11-178-001 6: ' x 132' $ 2,651.00 Lot 9, Block 13 Sadler's Addition 829 Steel Street 06-11-178-004 61 ' x 132' $ 2,651.00 Lot 10, Block 13 Sadler's Addition 590 Owasco Avenue 06-11-178-005 6. ' x 132 ' $ 2,651.00 Lot 11, Block 13 Sadler's Addition 586 Owasco Avenue 06-11-178-008 6. ' x 132 ' $ 2,651.00 Lot 12, Block 13 Sadler's Addition 582 Owasco Avenue 06-11-178-009 6. ' x 132 ' $ 2,651.00 Lot 13, Block 13 Sadler's Addition