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HomeMy WebLinkAboutG35-09 Ordinance No. G35-09 AN ORDINANCE AMENDING TITLE 22 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "SANITARY SEWER REIMBURSEMENT" 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 City Council of the City of Elgin has previously adopted Title 22 of the Elgin Municipal Code, 1976, as amended, entitled "Sanitary Sewer Reimbursement"; and WHEREAS, the City Council has determined that it is necessary and desirable to amend certain provisions within Title 22 of the Elgin Municipal Code; and WHEREAS,ordinances relating to reimbursement of costs for sanitary sewers pertain 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 Chapter 22.02 of the Elgin Municipal Code, 1976,as amended,entitled • "General Provisions" be and is hereby further amended by adding a new Section 22.02.080 thereto entitled "Provisions Not Exclusive": "22.02.080: PROVISIONS NOT EXCLUSIVE The provisions of Title 22 of this code are not intended and shall not be construed as providing the sole or exclusive methods and procedures for reimbursements or recaptures. The City Council may adopt reimbursement or recapture ordinances or approve reimbursement or recapture agreements providing for different methods or different procedures for such reimbursements or recaptures than provided for in this Title 22." Section 2. That Section 22.06.010 of the Elgin Municipal Code, 1976,as amended,entitled "General Procedures"be and is hereby further amended by amending subparagraph G thereof to read as follows: "G. Documentation And Notification Requirements For Lateral Sanitary Sewer Reimbursement: The owner of property proposing a lateral sanitary sewer reimbursement shall prepare a listing of all benefited properties including parcel sizes in acres, tax identification numbers, legal descriptions, and owners of record. The listing of benefited properties shall be attached to and made a part of the reimbursement ordinance and shall be submitted to and maintained by the Code Administration Department. The owner shall within thirty(30)days of the adoption I • of a reimbursement ordinance by the City Council record a certified copy of the ordinance with the applicable county recorder.The owner shall also within thirty(30) days of the adoption of a reimbursement ordinance by the City Council send out by regular mail notice of the adoption of such ordinance with a copy of the ordinance to the property owners whose names appear on the most recent tax bills for the properties identified in the ordinance." Section 3. That Section 22.08.010 of the Elgin Municipal Code, 1976,as amended,entitled "Criteria for Determining an Interceptor Sanitary Sewer Reimbursement" be and is hereby further amended by amending subparagraph A thereof to read as follows: "A. Requirement And Demand Unit_Factor: For all developments, the gross acreage, gross developable acreage, population equivalents, or such other Demand Unit as determined by the City Council in the reimbursement ordinance(the"Subject Demand Unit") included on the site, or in the subdivision or planned development, shall be the relevant demand unit, and shall be directly related to the amount of the reimbursement required for the sanitary sewer collection system. The sanitary sewer reimbursement shall be determined by obtaining the product of the following: 1)the sum of 2) the cost of each of the completed portions of the downstream sanitary sewer collection system adjusted for debt service requirements from the effective date to the date of payment divided by 3)the total number of Subject Demand Units in each of the respective service areas,or portions thereof,of the downstream sanitary • sewer collection system multiplied by 4) the Subject Demand Units of the development site." Section 4. That Section 22.08.020 of the Elgin Municipal Code, 1976,as amended,entitled "Criteria for Determining a Lateral Sanitary Sewer Reimbursement" be and is hereby amended by amending subparagraph A thereof to read as follows: "A. Requirement And Demand Factor: For all developments, the gross acreage, population equivalents,or such other Demand Unit as determined by the City Council in the reimbursement ordinance(the"Subject Demand Unit")included on the site,or in the subdivision or planned development, shall be the relevant demand unit, and shall be directly related to the amount of the reimbursement required for the sanitary sewer collection system. The sanitary sewer reimbursement shall be determined by obtaining the product of the following: 1) the sum of 2) the cost of each of the completed portions of the downstream lateral sanitary sewer adjusted for debt service requirements from the effective date to the date of payment divided by 3) the total number of Subject Demand Units in the entire service area,or portions thereof,of the downstream lateral sanitary sewer multiplied by 4) the Subject Demand Units of the development site." • 2 • Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect from and after is passage and publication in the manner provided by law. Ed Schock, Mayor Presented: May 27, 2009 Passed: May 27, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 28, 2009 Published: May 29, 2009 - Attest: Diane Robertson, City Merk • • 3