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Home My WebLink AboutT34-07 • eft. Ordinance No. T34-07 AN ORDINANCE ALLOCATING THE COSTS OF CERTAIN SANITARY SEWER AND WATER IMPROVEMENTS TO BENEFITED PROPERTIES (TEAL AVENUE) WHEREAS, Casiano Lara (hereinafter referred to as the "Developer") has caused certain sanitary sewer and water improvements to be made as depicted on Exhibit A attached hereto (hereinafter collectively referred to as the "Subject Sanitary Sewer and Water Improvements" and separately as the "Subject Sanitary Sewer Improvements" and the "Subject Water Improvements"); and WHEREAS,the construction of the Subject Sanitary Sewer and Water Improvements makes the Subject Sanitary Sewer and Water 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 and Water Improvements to bear a proportionate cost of the Subject Sanitary Sewer and Water Improvements in the event that said owners desire to connect to and use the Subject Sanitary 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 the Subject Sanitary Sewer and Water Improvements and the allocation of the costs of the Subject Sanitary Sewer and Water Improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS,the City of Elgin has previously adopted Title 22 of the Elgin Municipal Code, 1976,as amended,entitled"Sanitary Sewer Reimbursement"which provides for procedures relating to sanitary sewer reimbursement regulations; and WHEREAS, the Developer and City are desirous of entering into this agreement to provide for the fair and allocable recapture by Developer of the proportionate cost of the Subject Sewer and Water Improvements as more fully set forth below; and WHEREAS, a listing of all benefited properties which benefit from the Subject Water Improvements is attached hereto as Exhibit B (hereinafter referred to as the "Subject Properties Benefited by the Subject Water Improvements"); and WHEREAS, a listing of all of the benefited properties which benefit from the Subject Sanitary Sewer Improvements is attached hereto as Exhibit B-1 (hereinafter referred to as the "Subject Properties Benefited by the Subject Sanitary Sewer Improvements"); and WHEREAS,the total Project Cost of the Subject Sanitary Sewer and Water Improvements is broken down as follows,the Subject Water Improvements $81,767.87,the Subject Sanitary Sewer Improvements$45,523.88 for a total of$124,291.75,which is the amount allocated to the benefited properties as more fully described in Exhibit C attached hereto; 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 and Water Improvements to the benefited properties by the availability of such Subject Sanitary Sewer and Water Improvements should be$5,840.56 for each of the 14 Subject Properties Benefited by the Subject Water Improvements and should be $15,174.63 for each of the three Subject Properties Benefited by the Subject Sanitary Sewer Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That terms used in this ordinance shall be defined as used and defined in Title 22 of the Elgin Municipal Code, 1976, as amended. Section 2. That the owner of any of the fourteen(14)of the Subject Properties Benefited by the Water Improvements identified in Exhibit B attached hereto and made a part hereof who desires to connect to or use the Subject Water Main Improvements shall pay to the Developer the amount allocated as a fair proportion share of the cost of the Subject Water Improvements being the amount of$5,840.56 for each of the fourteen(14)subject properties benefited by the Subject Water Improvements. Said fee shall be in addition to any and all other fees established by the City of Elgin for water services and/or sanitary sewer services. No property listed in Exhibit B that will be connected to the Subject Water Improvements, shall be annexed into the City of Elgin or shall be issued a building permit or otherwise permitted to connect to or otherwise use the Subject Water Improvements until such time as payment is made to the Developer in an amount equal to such property's proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a subject benefited property. Section 3. That the owner of any of the three Subject Properties Benefited by the Subject Sanitary Sewer Improvements identified in Exhibit B-1 attached hereto and made a part hereof who desires to connect to and use the Subject Sanitary Sewer Improvements shall pay to the Developer the amount allocated as a fair proportionate share of the costs of the sanitary sewer improvements being the amount of$15,174.63 for each of the Subject Properties Benefited by the Subject Sanitary Sewer Improvements. Said fee shall be in addition to any and all other fees established by the City of Elgin for water and/or sanitary sewer services. No property listed in Exhibit B-1 that will be connected to the Subject Sanitary Sewer Improvements, shall be annexed into the City of Elgin or shall be issued a building permit or otherwise be permitted to connect to or otherwise use the Subject Sanitary Sewer Improvements until such time as payment is made to the Developer in an amount equal to such property's proportionate share of said improvements as set forth in this ordinance. The 2 Developer shall issue a certificate of payment in the form approved by the city upon the payment of reimbursement from the owner of a subject benefited property. 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 any person desiring to connect to the Subject Sanitary Sewer or Water Improvements may pay the amount allocated without interest if payment is made prior to November 30,2007. If full payment is not made prior to November 30,2007,then payment shall be made in full plus interest at the rate of eight percent (8%) per annum accruing from December 1, 2007, until the date of payment. Section 6. Notwithstanding anything to the contrary herein,any obligations of the City of Elgin under this recapture ordinance shall be non-recourse to the City of Elgin,and the City of Elgin shall not be responsible in the event there is no development of the property or properties contemplated to be benefited by the improvements referred to herein or the recapture fees provided for herein are otherwise uncollected for any reason. Section 7. That a certified copy of this ordinance shall be recorded by the City at Developer's cost with the Recorder of Deeds, Kane County, Illinois. elk Section 8. That this ordinance shall be in full force and effect from and after is passage in the manner provided by law. Ed Schock, Mayor Presented: September 26, 2007 Passed: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 27, 2007 Published: Attest: Diane Robertson, City erk 3 r EXHIBIT "B" Listing of benefited properties including tax identification numbers, common address and owners of record. BENEFITED PROPERTIES FOR WATER MAIN Property Parcel Identification Common Address Owner Number Number(PIN) on Map 2 06-11-130-005 Teal Ave., No address assigned Jesus J. Sanchez 3 06-11-130-006 Teal Ave., No address assigned Jose Octavio Garcia 4 06-11-202-007 No address assigned 5 06-11-202-008 540 Teal Ave, Elgin, IL 60123 Luis A., Carmen& Lara Acevedo 6 06-11-202-009 510 Teal Ave., Elgin, IL 60123 Joseph J. Miras 7 06-11-202-010 490 Teal Ave., Elgin, IL 60123 Larry W. & Betty D. Frit: 8 06-11-202-011 490 Teal Ave., Elgin, IL 60123 Larry W. & Betty D. Frit: rk 9 06-11-202-012 490 Teal Ave., Larry W. & Betty D. Frit 11 06-11-131-002 555 Teal Ave., Declaration of J.A. & E. Bredthauer 12 06-11-131-003 545 Teal Ave., Justin& Stephanie Bard 14 06-11-205-002 Teal Ave., No address assigned Duane E. & Karen L. Wer 15 06-11-205-004 Teal Ave., No address assigned Paul Seng 16 06-11-205-005 491 Teal Ave., Elgin, IL 60123 Brian Thurston 17 06-11-205-005 491 Teal Ave., Elgin, IL 60123 Lara Casiano 5 EXHIBIT "B-1" BENEFITED PROPERTIES FOR SEWER MAIN Property Parcel Identification Number Common Address Owner Number (PIN) on Map 8 06-11-202-011 490 Teal Ave., Larry W. & Betty D. Fritz Elgin, IL 60120 9 06-11-202-012 490 Teal Ave., Elgin, IL 60120 Larry W. & Betty D. Fritz 17 06-11-205-005 491 Teal Ave., Elgin, IL 60120 Lara Casiano 6 EXHIBIT C Breakdown of total project costs RECAPTURE SCHEDULE Sewer main represents 78% of the total work Water main represents 22% of the total work Entity Paid Water Main Sewer Main Total 78% 22% 100% City of Elgin-Permits $7,186.87 $2,029.88 $9,226.75 EliasVelasquez-Landscaping $2,964.00 $836.00 $3,800.00 Jaeline's Paving-Paving $4,524.00 $1,276.00 $5,800.00 Spies & Associates, Inc.-Engineering $3,950.00 $2,015.00 $5,965.00 Services BKT Construction Mgmt., Inc., d/b/a $63,133.00 $36,367.00 $99,500.00 Arnie's Excavating&Landscaping,Inc.- Sewer&Water Main Installation(actual cost not proportioned by percentage) Total Amount Paid $81,767.87 $45,523.88 $124,291.75 14 Benefited Properties for Water $5,840.56 3 Benefited Properties for Sewer $15,174.63 7