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T6-79AN ORDINANCE Ordinance No. T6 -79 APPORTIONING THE COST OF THE CONSTRUCTION OF A SANITARY SEWER KNOWN AS THE "CENTURY OAKS WEST SANITARY SEWER EXTENSION' AMONG THOSE WHO MAY ELECT TO HOOK ON AND UTILIZE SUCH SANITARY SEWER FACILITIES IN THE FUTURE. WHEREAS, Big Timber Investment Company, an Illinois corporation, developed certain real property generally known as Century Oaks West, a subdivision within the City of Elgin; and WHEREAS, said territory was without adequate public sanitary sewer facilities for the proposed development on said property and it was necessary to extend a sanitary sewer from McLean Boulevard to Devonshire Circle and along Sheffield Drive to Lyle Avenue and along Lyle Avenue to Big Timber Road and serving an area as shown in Exhibit A attached hereto and made a part hereof by reference; and WHEREAS, said sanitary sewer extension makes public sewer facilities available to properties in the immediate vicinity of said sewer line as shown on Exhibit B; and WHEREAS, said sanitary sewer extension benefits said properties; and WHEREAS, the City Engineer has determined that the area which is benefitted by such sanitary sewer extension consists of 16 parcels described on Exhibit C; and WHEREAS, the City of Elgin finds and determines that the construction of such sanitary sewer facilities is of benefit to the said surrounding property and to the general public health, safety and welfare of the City of Elgin; and WHEREAS, said sanitary sewer extension was oversized and constructed at a greater depth than otherwise required in order to provide capacity for the properties described in Exhibit C at an additional cost of $86,362.50; and WHEREAS, it is reasonable to apportion the cost of said sanitary sewer extension among properties whose owners seek to connect to said extension on the basis of the area benefitted; and WHEREAS, Big Timber Investment. Company desires to be protected to the extent that no other parcel within the sanitary service may be allowed to connect onto said sanitary sewer extension in the future without reimbursing Big Timber Investment Company for the fair proportionate cost of the sanitary sewer facilities as benefitting the respective parcel being hooked on thereto; and WHEREAS, the City of Elgin is a hoarse rule unit empowered to exercise any power or perform any function pertaining to its government and affairs; P and Mu:EAS, the provision of sanitary sewer facilities and the apportionment of the cost thereof is within the powers and functions of the City of Elgin; /� and // 1 WHEREAS, it is reasonable to require owners of property connecting to the aforesaid improvement to bear a proportionate share of the cost of said improvement in the event that owners desire to connect to and use said sanitary sewer. NOW, MIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City of Elgin shall not permit any person developing or improving real estate to connect to the sanitary sewer extension which was constructed by Big Timber Investment Company until there is paid to the City of Elgin a sum equal to $549.87 per acre, plus interest at the rate of 8% per annum from and after September 1, 1979 to the date of payment. Said fee shall be in addition to any and all fees established by the City of Elgin for sewer service. Section 2. That the City of Elgin shall upon receipt thereof pay the sum of $549.87 plus interest after September 1, 1979 to Big Timber Investment Company, an Illinois corporation, to reimburse said developer for a portion of the cost advanced to construct such sewer facilities. Section 3. That a certified copy of this ordinance shall be recorded in the office of the Recorder of Deeds of Kane County, Illinois. Section 4. 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. Presented: June 27, 1979 Passed: Vote: Yeas Nays Recorded: Published: Attest: rie Yearman, City Clerk Richard er ic, Mayor CENTURY OAKS WEST SANITARY SEWER OVERSIZING EXHIBIT "A" NORTHWEST TOL L WAY FOX ` LA. HOLMES NO SCALE EXISTING SANITARY SEWER - - - - - -- SANITARY TRUNK LINE 18" i i i L_ _ CENTURY' OAKS WEST SANITARY SEWER OVERSIZING SERVICE AREA MAP EXHIBIT " B" f- ix O Z NO SCALE - LEGEND - �-� SUBDIVISION LIMITS FOR C.O.W. +� SERVICE AREA ♦ -�-- -� SANITARY SEWER -- SANITARY SEWER TRUNK LINE 18" Np\� 1-15-79 *f. . roll CENTURY OAKS WEST SANITARY SEWER REIMBURSEMENT EXHIBIT "C" PARCEL NO. OWNER TAX NUMBER ACRES AMOUNT 1 Knowles Electric, Inc. 06 -04- 100 -008 14.24 7,830.13 3100 North Manheim Rd. 06 -04- 300 -016 12.48 6,862.37 Franklin Park, IL 60131 26.72 14,692.50 2 City of Elgin 06 -04- 200 -001 150 Dexter Ct. 06 -04- 400 -015 22.23 12,223.61 Elgin, IL 60120 3 Carbary, George I. & 06 -04- 400 -023 3.40 1,869.55 Anna L. RFD #3 Box 13, Big Timber Rd. Elgin, IL 60120 4 Elgin National Bank 06 -04- 400 -022 2.60 1,429.66 Tr #865 c/o Will Clark 910 Hiawatha Dr. Elgin, IL 60120 5 1st National Bank of 06 -04 -400 -004 6.02 3,310.21 Des Plaines Tr#40241016 733 Lee St. Des Plaines, IL 60016 6 Knowles Electronics, Inc. pt06 -04- 300 -015 22.51 12,377.57 3100 North Manheim Rd. Franklin Park, IL 60131 7 Ziegler, Ralph W. 06 -04- 300 -004 1.02 560.86 RD 3 Box 35A Elgin, IL 60120 8 Zweifel, Delores M. 06 -04 -300 -005 1.16 637.84 Trustee Rte 3, Box 35 Randall Rd Elgin, IL 60120 9 Mertens, Jacquelyn & 06- 04- 300 -006 1.44 791.81 Joseph Rte 3, Box 38A Elgin, IL 60120 10 Burnidge, Sidney & 06- 04- 300 -007 10.28 5,652.66 t Alice ET AL R 3, Box 35A Elgin, IL 60120 Page 2 CENTURY OAKS WEST SANITARY SEWER REIMBURSEMENT EXHIBIT "C" PARCEL NO. OWNER TAX NUMBER ACRES AMOUNT 11 Burnidge, Clarence D. 06 -04- 300 -008 10.02 5,509.7 & Luella F. P.O. Box 122 Elgin, IL 60120 12 & 13 Burnidge, Sidney G., 06 -04- 400 -019 22.60 12,427.0 Alice, Clarence D., 10.10 5,553.6 Luella F. 32.7 17,980.7. Burnidge Brothers Farms 1814 Grandstand Place Elgin, IL 60120 14 Traeger, John E. 06 -04- 400 -008 8.11 4,459.4 1 Tanglewood Lane Elgin, IL 60120 15 Howard, Roy 0. 06 -04- 400 -009 2.50 1,374.6 2665 Flagpole Ct. Elgin, IL 60120 16 Harig Products 06 -04- 400 -013 6.35 3,491.6 1875 Big Timber Rd. Elgin, IL 60120 TOTAL 157.06 86,362.5