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HomeMy WebLinkAboutT26-05Ordinance No. T26 -05 AN ORDINANCE PROVIDING FOR THE REIMBURSEMENT FROM BENEFITTED PROPERTY OWNERS OF THE COST OF A PORTION OF THE OTTER CREEK INTERCEPTOR SEWER AND WATER MAINS WHEREAS, Pingree LLC, an Illinois limited liability company ( "Crown "), and Wennlund Farm, L.L.C., an Illinois limited liability company ( "Wennlund Farm) (Crown and Wennhmd Farm being hereinafter collectively referred to as the `Developers ") have agreed to construct certain sanitary sewer and water improvements which are known as the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B (hereinafter referred to as the "Subject Sewer and Water Improvements ") which are depicted and described on Exhibit 1 attached hereto and made a part hereof; and WHEREAS, Developers are the owners of property which, along with properties owned by others, will receive sanitary sewer and water service from the Subject Sewer and Water Improvements; and WHEREAS, pursuant to previous agreements the City has determined to and agreed to pay an amount not to exceed $10,000,000 for the costs of constructing the Subject Sewer and Water Improvements; and WHEREAS, based upon current estimates, the total amounts that would be required for the completion of the construction of the Subject Sewer and Water Improvements, including costs for the acquisition of easements, soil borings, permitting, facility planning area expansions, wetland mitigation, engineering, surveys, inspections, construction, materials, letters of credit, bonds, insurance and a construction management fee are in the total amount of $18,994.657.37 (hereinafter referred to as "Project Costs ") as set forth in the Cost Estimate dated September 8, 2005, attached hereto as Exhibit 2; and WHEREAS, upon completion of the project the Developers shall provide to the City's Finance Director a complete accounting of all Project Costs for the City Finance Director's review and approval in order to determine the final amount of the Project Costs and of Developers' Costs Advanced (as hereinafter defined); and WHEREAS, Developers have agreed to be responsible and pay for all Project Costs in excess of the $10,000,000 to be paid by the City subject to recapture as provided for in this ordinance (such monies expended by Developers in excess of the $10,000,000 reimbursement from the City for the Project Costs for the Subject Sewer and Water Improvements are hereinafter referred to as Developers' "Costs Advanced "); and WHEREAS, the constriction of the Subject Sewer and Water Improvements makes the Subject Sewer and Water Improvements accessible to certain nearby properties and thereby benefit said properties; and WHEREAS, it is reasonable to require the owners of property which may connect to and will use the Subject Sewer and Water Improvements to bear and reimburse to the Developers a portion of the costs of the Subject Sewer and Water Improvements in the event that said owners desire to connect to and use the Subject Sewer and Water 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 water main improvements and the allocation of the costs of such improvements to benefitted properties pertains to the government and affairs of the City of Elgin; and WHEREAS, properties which will benefit from the Subj ect Sewer and Water Improvements are those properties which may connect to and use the Subject Sewer and Water Improvements (such properties are hereinafter referred to as the "Subject Benefitted Properties "); and WHEREAS, the City Council of the City of Elgin hereby finds that the share of the cost of the Subject Sewer and Water Improvements to the Benefitted Properties to reimburse Developers their costs advanced for the Project Costs for the Subject Sewer and Water Improvements should be based upon the uses developed thereon and the proportionate share is $1,800 for each dwelling unit (detached, attached and multi- family) if residential uses are developed on the Benefitted Properties and $6,000 per acre if commercial, industrial, office or other uses are developed thereon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Except as otherwise specifically provided in this ordinance, the owner of any of the Subject Benefitted Properties who desires to connect and to use the Subject Sewer or Water Improvements shall pay to the Developers the amount allocated as the share to reimburse the Developers their costs advanced for the Project Costs of the Subject Sewer and Water Improvements being the amount of $1,800 for each dwelling unit (detached, attached and multi - family) if residential units are developed on a Benefitted Property and $6,000 per acre if commercial, industrial, office or other uses are developed thereon. Notwithstanding the foregoing, or anything else to the contrary in this ordinance, the Crown Property legally described in the Annexation Agreement between the City and Pingree LLC dated February 25, 2004 (hereinafter referred to as the "Crown Property "), the Pingree Creek L.L.C. and W ennlund Farm Property legally described in the Annexation Agreement between the City and Pingree Creek, LLC dated February 25, 2004, as amended by the amendment thereto dated July 27, 2005, (hereinafter referred to collectively as the "Wennlund Farm Property "), the MB Financial Property legally described in the Public Improvements Construction Agreement regarding the Subject Sewer and Water Improvements dated December 21, 2005 (hereinafter referred to as the "MB Financial Property") and any property owned by the City of Elgin or any other governmental unit (hereinafter referred to as "City or Governmental Property ") shall not be subject to this recapture ordinance and the Crown, Wennlund Farm, the owners of the MB Financial Property, City of Elgin and any other governmental unit shall not be required to pay any recapture pursuant to this ordinance or otherwise for such Crown Property, Wennlund Farm Property, MB Financial Property or City or Governmental. Property. Notwithstanding the foregoing, or anything else to the contrary in this ordinance, recapture payments for the property known as Shadow Hill Unit 4 currently owned by Chicago Title Land Trust Company, as successor to LaSalle Bank National Association, as the Trustee under Trust Agreement dated September 1, 2004, and which is known as Trust No. 132504 shall be paid to the Developers to reimburse the Developers for their Costs Advanced for the Project Costs for the Subject Sewer and Water Improvements as set forth in the agreement between Developers and Centex Homes dated November 30, 2005. Payment shall be made prior to the recording of a final plat of subdivision for a Subj ect Benef tted Property or a portion thereof and the amount shall be calculated upon the number of dwelling units or acres in the subject final plat of subdivision. An authorized representative of the Developers shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 2. Except for the Crown Property, Wennlund Farm Property, MB Financial Property or any property owned by the City of Elgin and any other governmental unit, no property that will be connected to or use the Subject Sewer and Water Improvements shall hereinafter receive final plat approval from the City or hereinafter be issued a building permit or otherwise be permitted to connect or to otherwise use the Subject Sewer and Water Improvements until such time as payment is made to the Developers in the amounts as set forth in this ordinance. Payments due to the Developers shall be paid in the following ratios: Crown 50 %, and Wennhuld Farm 50 %. The current Facility Planning Area which identifies the current service area of the properties which may connect to and use the Subject Sewer and Water Improvements is attached hereto as Exhibit 3. Notwithstanding the current boundaries of such Facility Planning Area, in the event such Facility Planning Area is expanded and/or any additional properties are proposed to be connected to or use the Subject Sewer and Water Improvements, such additional properties shall also be subject to the terns of this ordinance. Section 3. The reimbursement amounts set forth in Section 1 hereof shall each increase at the rate of 5% per annum beginning July 1, 2006 and such annual increase shall continue on the first day each July thereafter until Developers have been fully reimbursed Developers' Costs Advanced for the Subject Sewer and Water Improvements and interest thereon. Beginning with the completion of the Phase of the Subject Water and Sewer Improvements for which Developers have paid Costs Advanced, interest shall accrue at the rate of 6.5% per annum on the unreimbursed balance of such Costs Advanced until Developers have been reimbursed for all such Costs Advanced and interest thereon. Section 4. 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 5. That upon completion of the Project, the determination of the final amount of Project Costs, and the repayment to Developers of their Costs Advanced plus interest as provided herein, the City shall adopt a Follow -On Recapture Ordinance requiring the payment of the fair proportionate share of the Costs Advanced by Subj ect Benefited Properties as described and defined in Section 13 of the Public Improvements Construction Agreement between the City, Developers and others dated December 21. 2005. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Presented: December 21, 2005 Passed: December 21, 2005 Omnibus Vote: Yeas: 5 Nays: Recorded: December 22, 2005 Published: Attest: M1. Dolonna Mccum, City Clerk MIMI Presented: December 21, 2005 Passed: December 21, 2005 Omnibus Vote: Yeas: 5 Nays: Recorded: December 22, 2005 Published: Attest: M1. Dolonna Mccum, City Clerk COST ESTIMATE OTTER CREEK INTERCEPTOR SEWER & WATER MAIN PHASES 4 & 5 EXHIBIT 2 �i:FF9%3S1Z1 !,CELLS- 1.i "!•]319:nilL9iih3,11 �.v- Lf�asr�i••msy:� =nu.�ur UNIT UANTITY UNIT S . `• • • EACH ©E. S20400.0 209000.00 .n : 5. EACH 14 241 000lw 398 OOD.00 T7- !0 1/171 -J ; J �- `STR-�•#F431/4 V. FOOT 120 $90,00 10.600.00 �fy11`C75 � n �� 140 .�Y "�`$' ' ($�; SAN 12" SDR 26 (STUB FOOT 20 .00 1,806.00 Y V 1 O to FOOT 20 43M .00 6000.00 j VP Se 4 ) FOOT 2D S292.00 640.00 A q - FOOT 12006 2.00 53 606 560.00 AR P FOOT 15b 1200.00 166000.00 SANITARY CR G, B" FOOT 484 1040. 503.360.00 L FOOT 12160 00 790400.00 N H CU YC 1480 25.00 36.000.00 PHA6 6A YSE r IMPROVEMENTS UNIT UANTITY UNIT S TOT O 1- EACH 10 S20400.0 209000.00 z4' L D LID EACH 14 241 000lw 398 OOD.00 SM TA Y PV R V. FOOT 120 $90,00 10.600.00 MANHOLE R ER.4' OAMETER FOOT 140 76.00 10.500.00 SAN 12" SDR 26 (STUB FOOT 20 .00 1,806.00 Y V 1 O to FOOT 20 43M .00 6000.00 j VP Se 4 ) FOOT 2D S292.00 640.00 A q - FOOT 12006 2.00 53 606 560.00 AR P FOOT 15b 1200.00 166000.00 SANITARY CR G, B" FOOT 484 1040. 503.360.00 L FOOT 12160 00 790400.00 N H CU YC 1480 25.00 36.000.00 T NCH FI CA6 SO YO 1000 I 1000.00 TOPSOIL FURNISH. AND CE 6" SO YD 1000 .50 . 500.00 HYDRAULI EEDIN YD 10 1.00 103800.00 TOPSOIL EXCAVATION AND PLACEMENT EACH 8 6 80.00 $1 880.00 TEMPORARY DITCH CHECKS FOOT 15000 00 545000.00 PERIMETER ROSION BARRIER W-DIA 250 6.00 266.00 TREE REM AL SO YD '00 $4X0.00 DRIVEWAY MO REPLACE SO YO 50 6.00 $275000 SI WALK MOVE AND REPLACE LSUM f 150000.00 180 000,00 MOBiII TION LSUM i 4750.00 $74,760.00 CONSTRUCTION ADMINSTRATION ,see csee ,..,..... euneov RKWPk MTERCEPT kTO PING E REEK $6,016,390.00 p A 7N IOHLAND WO R PI a oesry • M1P OVEMENTS ADDITIO L 10" F RCE ' HPI-E S C PACTI NOF FORCE MAW H NIT. ER 21 °6 -1 �z -EAST'S wW%Tr 1 12'- 6' PI -EA R, I YPE i FHAmE, CLO50 U HPI ST' TRENC BACKFLL O 1 -EAST' SANITARY CH A ST) ONNB ION TO EXISTING 48' I EROEPTOR S ER O HPI ST' TEIEVISINGA DCOMP TION SANITARY sawta EO.. PI-EA i FA ILDNACUUM TESTING OF MAN LES P U Hpi-hAb I E BENCH A EA BETWEEN M. , p17 TO M.H. 2 O HODEE p A TIDN E- UNIT FOOT FOOT F007 FOOT EACH CU YD FOOT EACH FOOT EACH CU VD LSUM uHMKLANDWOODS OU 4465 �� 951 3409 21 '.000 4360 5 4360 21 112000 t FORHPI- V COST6 .00 '� 6620 100.60 00.00 417,50 20.00 290.00 E3.60 $435.00 .35 TOTAL $223,250.00 93000 3878.20 5340.900.00 2�'� 17500.00 $87200.00 290.00 16896.00 138'06 5599.200.00 150000.00 T&SHDDBEN 750000.00 51,588,17920 P BE 50 SANITARY S - ESTIMATE ° U QUANTITY UNIT COSTS TOTAL IMPROVEMENTS ACH 11 $3400.00 7400.00 N AM .7Y t FRAME. CL SED I{' FOOT .TOTAL OCI 4 & 5 ESTIMATED COSTS 160.00 9,360 SM TA Y PV R 676 $10.0 6280.0 Bi AN A . PV FOOT 3241 WZ4 100.0 ARY R, i 6 FOOT 117 $700.00 81 900.00 $473:720.00 18 I H 30 ,S- CA NG' II FOOT 7288 $85.00 L! 5 2n AN IT A R CU YD $1,661,$50.00 TRENCH B C F! CA -6' SUBTOTAL PHASE 68 SANITAR EWER SUBTOTAL OCI 4 & 5 ESTIMATED SOFT COSTS $1,814,366.30 SUBTOTAL OCI4 & 5 ESTIMATED SANITARY SEWER COSTS $124&15,52540 SUBTOTAL OCI 4 & 5 ESTIMATED WATER MAIN COSTS 52.$40,24120 SUBTOTAL OCI 4 & 5 ESTIMATED SOFT, SANITARY SEWER 4 WATE COSSTS §1 ,09A1331.30 7% CONSTRUCTION MANAGEMENT FEE $1175850.15 .TOTAL OCI 4 & 5 ESTIMATED COSTS $1&554,557.37 ' ESTIMATED NOTE: COST OF CARRY FOR DEVELOPMENT NOTES IS NOT INCLUDED IN THE ESTIMATED COST. H H r ®j t° 9 ' F`a R i � 0 I ii 11 Ix E I I 00 H aFa l' C'CS,y�i i.a . 1101 WE V ° "� 8p�T - 11111 PH B- "fir' .d a, � WIV a.x I Eg X I+' I I 00 H aFa l' C'CS,y�i i.a . 1101 WE V ° "� 8p�T - 11111 PH B- "fir' .d a, � WIV a.x I Eg to H w fl01MFfl -.s., -J I G_J tilliNg �yy P� as b .•." 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