S-788 t
/� Ordinance No. S-788
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AN ORDINANCE
APPORTIONING THE COST OF THE CONSTRUCTION OF A WATER DIS-
TRIBUTION LINE ACROSS THE FOX RIVER IN THE CITY OF ELGIN TO
THOSE PROPERTY OWNERS SITUATED IN SECTION 1 (LYING WEST OF
THE FOX RIVER), THE SOUTH HALF OF SECTION 2 AND THE NORTHEAST
QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, WHO MAY ELECT
TO HOOK ON AND UTILIZE SUCH WATER FACILITIES IN THE FUTURE.
WHEREAS, Willow Lake Estate, Inc. , an Illinois corporation, who is
the owner of certain real estate in Sections 1 and 2, Township 41 North, Range
8 East of the Third Principal Meridian in the City of Elgin, Kane County,
Illinois, were without adequate public water supply for the development they
were constructing on said property, and it was necessary to extend a water
distribution line or main across the Fox River in order to afford such facili-
ties, and
WHEREAS, such water line extension across the Fox River was con-
structed at a total cost of $53, 391. 00, of which Willow Lake Estates, Inc. paid
$41, 885. 21 and the City of Elgin contributed the amount of $11, 505. 79, and
WHEREAS, said water line extension across the Fox River now makes
public water supply available to other areas immediately adjoining said Willow
Lake Estates, Inc. which service was not available until the said extension
across the Fox River, and
WHEREAS, the said parties desire to be protected to the extent that no
other immediate area in the future may be allowed to hook on to the said water
line extension which was constructed by them across the Fox River without re-
imbursing the said parties for the,fair proportionate cost of the water line
facilities as pertains to the respective parcel being hooked on thereto, and
WHEREAS, the City of Elgin feels that the construction of such water
facilities is of benefit to the entire community and to the general public health,
safety and welfare of the City of Elgin, and
WHEREAS, the City Engineer has determined that the immediate area
to be' benefited by such water line extension across the Fox River including the
Willow Lake Estates property consists of a total of 266 acres located in Section
1 (lying South of the Fox River), the South half of Section 2 and the Northeast
quarter of Section 11, Tovvrshp 41 North, Range 8 East of the Third Principal
Meridian, in the City of Elgin, Kane County, Illinois, bounded as follows, to-wit:
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1
Commencing at the intersection of the Northerly line of Adalaide
Avenue and the Easterly right-of-way line of Route 31 for a point
of beginning; thence Easterly along the said Northerly right-of-way
line of Adalaide Avenue to its intersection with the Westerly banks
of the Fox River; thence Easterly and Northerly along said West-
erly bank of the Fox River to its intersection with the Southerly
right-of-way line of the Northwest Toll Highway; thence Westerly
along the Southerly right-of-way line of the Northwest Toll High-
way to its intersection with the Easterly right-of-way line of
Route 31; thence Southerly along the Easterly right-of-way line
of Route 31 to the point of beginning, and
WHEREAS, it has been computed by the Engineering and Inspection
Department of the City of Elgin that the cost to each acre of land benefited
amounts to $200. 72.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ELGIN, ILLINOIS:
Section 1. That the City of Elgin shall not permit any of the afore-
described real estate to be hooked onto and connected to the water extension
line which was constructed by the City of Elgin and Willow Lake Estates, Inc.
across the Fax River until any such individual hooking and connecting such
4111)
property onto said water extension main shall pay the City of Elgin a sum
equal to $200. 72 per acre owned by the individual requesting such connection.
All such hook-on charges shall be computed upon the actual acreage owned by
the individual seeking such hook on and in computing such acreage, it shall
be deemed that the property hooking on owns real estate to the center line
of any road adjacent thereto whether private or public.
The aforedescribed connection charge pertains solely to the cost of
extending the water line across the Fox River and is exclusive of any other
water line extension costs pertaining to the extension of laterals throughout
the above-described area.
Section 2. Out of each $200. 72 collected by the City, for such
connection charges, the City shall immediately pay the sum of $157. 45 to
Willow Lake Estates, Inc. , an Illinois corporation, its successors or assigns,
to reimburse said corporation for its proportionate share of the cost ad-
vanced to construct such water line facilities.
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Section 3. That this ordinance shall be in full force and effect
from and after its passage, as provided by law, and shall be published
in pamphlet form by authority of the City Council.
Clyde L. Shales, Mayor
Presented: July 8, 1965
Passed: July 8, 1965
Vote: Yeas 5 Nays 0
Published: July 8, 1965
Recorded: July 8, 1965
Attest:
Myrtle E. Spiegler, City Clerk
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