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G3-02 Ordinance No. G3-02 AN ORDINANCE ESTABLISHING A POLICY FOR THE FAR WEST AREA FOR DEVELOPMENT CONTRIBUTIONS FOR PUBLIC SAFETY BUILDING CAPITAL IMPROVEMENTS WHEREAS, the City of Elgin has heretofore adopted a Comprehensive Plan which includes therein an area identified as the Far West Area; and WHEREAS, the annexation of additional territory in the Far West Area to the City of Elgin and new development thereof causes and imposes an increased and excessive demands upon public facilities and services that are specifically and uniquely attributable to those developments; and WHEREAS, such effected public facilities and services include public safety building capital improvements; and WHEREAS, planning projections indicate that such development shall continue and shall place ever increasing demands on the City of Elgin relating to public safety building capital improvements; and r"" WHEREAS, to the extent that new development places demands upon public safety building capital improvements which are specifically and uniquely attributable to that development, those demands should be satisfied by requiring that developments creating the demands pay the cost of meeting the demands; and WHEREAS, the City Council , after review and careful consideration, hereby finds and declares that public safety building capital improvement contributions required of territory in the Far West Area annexed to the city and new development thereon to finance specified public safety building capital improvements, the demand for which is created by such development, is in the best interests of the general welfare of the city and its residents, is equitable, and does not impose an unfair burden on such development; and WHEREAS, Section 17 . 01 . 060 of the Elgin Municipal Code, 1976, as amended, provides in part that the City Council may, at its sole discretion, require additional contributions and dedications as it may deem necessary and desirable as a condition to the annexation of any land to the city; and WHEREAS, the City of Elgin is a home rule unit which may exercise any power and perform any function pertaining to its government and affairs; and e.► WHEREAS, the establishment of a policy providing for development contributions for public safety building capital improvements pertains 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 this ordinance shall constitute the policy of the City of Elgin for development contributions for public safety building capital improvements for the area consisting of the portions of the Far West Area identified the Northwest Sub-area and the Southwest Sub-area and depicted on Exhibit 1 attached hereto and made a part hereof (hereinafter referred to as the "Subject Portion of the Far West Area" ) . The provisions of this ordinance shall be applied equally to all properties within the Subject Portion of the Far West Area annexed into the City of Elgin pursuant to an annexation agreement . Section 2 . That in order to provide a consistent application of requirements for contributions by landowners for necessary public safety building capital improvements to city public safety buildings resulting from development activity, the City Council of the City of Elgin hereby establishes policies with respect to eft required public safety building capital improvement contributions related to the annexation and development of property in the Subject Portion of the Far West Area. These policies are intended to supplement development regulations contained in the Elgin Municipal Code in general and in the subdivision ordinance in particular. The owner of a property in the Subject Portion of the Far West Area shall pay a cash contribution to the city for public safety building capital improvements equal to the property' s proportionate share of public safety building capital improvement costs . The cash contribution for public safety building capital improvements for a property shall be based upon, calculated and paid according to the formula set forth in the City of Elgin Far West Area Public Safety Building Capital Improvement Contribution Formula dated January, 2002 , attached hereto and made a part hereof as Exhibit 2 . The contribution for public safety building capital improvements shall be payable prior to the issuance of a building permit . No building permit shall be issued for a development subject to the requirements of this ordinance unless the applicant therefore has paid the contribution for public safety building capital improvements imposed by and calculated pursuant to this ordinance. Section 3 . The contributions for public safety building improvements established pursuant to this ordinance shall be calculated by the city planning department . Contributions for public safety building improvements calculated and due pursuant to this ordinance shall be collected by the city department of code administration prior to the issuance of a building permit . Upon receipt of contributions for public safety building improvements the city finance department shall be responsible for placement of such funds into separate accounts . Contributions for public safety building improvements provided for in this ordinance shall be restricted to use solely and exclusively for financing directly, or as a pledge against bonds, revenue certificates, and other obligations of a indebtedness for the cost of public safety building improvements . Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect upon its passage and publication in the manner required by law. E c ck, Mayor Presented: January 9, 2002 Passed: January 9, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: January 10, 2002 Published: January 11, 2002 Attest : Dolonna Mecum, City Clerk Ate' 4 Exhibit 1: Areas Subject to the Far West Area Public Safety Buildings Capital Improvement Contribution II g I o N x a %, e r ° 1 Northwest Sub-Area 4 1' I.6 1-•••••••••-•-----ei ---......_ .: ... .. dg • V Southwest Sub-Area 11111111114 3 \i'` 1160,,,x21_ a to io '- - a c. m a Rd id 6dpn-Rd astB m = 1 m a Mc Donal Rd 1 Exhibit 2 City of Elgin Far West Public Safety Building Capital Improvement Contribution Formula January, 2002 1. For the Southwest Sub-Area: a. Cash Contribution per dwelling unit $ 4.8 million cost per building and related equipment x 2 number of stations needed in sub-area $ 9.6 million x 0.95 credit due to existing development benefit $ 9.2 million + 2.04 million total squad costs + 0.7 million communication tower/equipment $ 11.94 million total costs for southwest sub-area • 18,288 total dwelling units at full build-out $ 653 Per Dwelling Unit* b. Cash Contribution 1,000 sq.ft. of non-residential buildings $ 11.94 million total costs for southwest sub-area 79,663 sq. ft. of non-residential buildings (in thousands) at full build-out $ 150 Per 1,000 Sq. Ft.* 2. For the Northwest Sub-Area: a. Cash Contribution per dwelling unit $ 4.8 million cost per building and related equipment x 0.50 credit due to existing development benefit $ 2.4 million + 0.560 million total squad costs $ 2.960 million total net costs for northwest sub-area 4,864 total dwelling units at full build-out $ 608 Per Dwelling Unit* rik b. Fee per 1,000 sq.ft. of non-residential buildings $ 2.960 million total net costs for northwest sub-area 21,188 sq. ft. of non-residential buildings (in thousands) at full build-out $ 140 Per 1,000 Sq. Ft.* 3. Maximum Contribution The total fee to be assessed on a non-residential building shall be the result of the calculations noted herein, or$25,000, *whichever is less. *The dollar amounts for contributions shall be adjusted upward at an annual rate of three percent (3%) effective January 1, 2003, and annually thereafter. elk CITY OF ELGIN ORDINANCE NO. G3-02 AN ORDINANCE ESTABLISHING A POLICY FOR THE FAR WEST AREA FOR DEVELOPMENT CONTRIBUTIONS FOR PUBLIC SAFETY BUILDING CAPITAL IMPROVEMENTS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 9TH DAY OF JANUARY 2002 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 11th day of January 2002. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on January 9, 2002, the Corporate Authorities of such municipality passed and approved Ordinance No. G3-02, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G3-02, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on January 11, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection r upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on January 11, 2002. Municipal lerk (SEAL)