G4-02 Ordinance No. G4-02
AN ORDINANCE
ESTABLISHING A POLICY FOR THE FAR WEST AREA FOR DEVELOPMENT
CONTRIBUTIONS FOR ROADWAYS
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
roadway improvements; and
WHEREAS, planning projections indicate that such development
shall continue and shall place ever increasing demands on the City
of Elgin relating to roadway improvements; and
WHEREAS, to the extent that new development places demands upon
public roadway 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 roadway improvement
contributions required of territory in the Far West Area annexed to
the city and new development thereon to finance specified roadway
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
WHEREAS, the establishment of a policy providing for
"'' development contributions for roadway 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 roadway
improvements for the area consisting of the portion of the Far West
Area identified 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
rights-of-way and improvements to city or county roadway systems
resulting from development activity, the City Council of the City of
Elgin hereby establishes policies with respect to required roadway
improvement contributions and right-of-way dedications related to
the annexation and development of property in the Subject Portion
of the Far West Area. These policies shall apply to all roadway
improvements planned, proposed or existing. These policies are
intended to supplement development regulations contained in the
Elgin Municipal Code in general and in the subdivision ordinance in
particular. The policy elements are as follows :
1 . The owner of a property in the Subject Portion
of the Far West Area shall pay a cash contribution to the
city for area roadway improvements equal to the property' s
proportionate share of area roadway improvement costs .
The cash contribution for roadway improvements for a
property shall be based upon and calculated according to
the formula set forth in the City of Elgin Far West Area
Roadway Improvement Contribution Formula dated January,
2002, attached hereto and made a part hereof as Exhibit 2 .
The contribution for roadway improvements shall be payable
in cash in a lump sum or in five installments . If the
contribution is paid in a lump sum, the payment shall be
due and paid prior to the passage of an ordinance annexing
the subject property. If the contribution is paid in
installments, payments shall be made in no more than five
equal annual installments . The first installment shall
be due prior to the passage of an ordinance annexing the
subject property. Payment of the second, third, fourth
and fifth installments of the roadway improvement
contribution shall be due and paid at one year intervals
from the date of the first payment, shall be adjusted for
the installment term at the rate of nine (9) percent per
annum and shall be secured through an irrevocable letter
, ' of credit in favor of the city, in a form and content as
�... approved by the city finance director and the corporation
counsel .
2 . Where a planned City of Elgin or county public
right-of-way is located on the subject property, the owner
shall be responsible for the dedication of all right-of-
way and easements required for the construction or
expansion of the planned roadway.
3 . The contributions for roadway improvements
established pursuant to this ordinance shall be calculated
by the City Planning Department . Contributions for
roadway improvements calculated and due pursuant to this
ordinance shall be collected by the City Department of
Code Administration. Upon receipt of contributions for
roadway improvements, the City Finance Department shall
be responsible for placement of such funds into separate
accounts . Contributions for roadway improvements provided
for in this ordinance shall be restricted for use solely
and exclusively for financing directly, or as a pledge
against bonds, revenue certificates, and other obligations
of an indebtedness for the cost of roadway 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 Schock, Mayor
Presented: January 9, 2002
Passed: January 9, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: January 10, 2002
Published: January 11, 2002
Attest :
Ii3.V6b)1-"v"-C 1-----
Dolonna Mecum, City Clerk
Exhibit 1: Areas Subject to the Far West Area �'°`�"�
Roadway Improvement Contribution
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Exhibit 2
City of Elgin
Far West Roadway Improvement
Contribution Formula
January, 2002
142,000 Lineal feet of existing roads in the subject area.
x $ 180 Average per lineal foot cost to improve roads to an urban cross section.
$ 25,560,000 Total cost to improve roads in the subject area.
x 0.50 credit
$ 12,780,000 Net cost to improve roads in the subject area.
4,572 Net buildable acres in the subject area.
$ 2,800 Per acre contribution*
Payment Option 1
Payable in lump sum prior to the passage of an ordinance annexing the subject property.
Payment Option 2
Maximum five payments, 9%per annum interest on balances due after first year to offset
future costs increases in roadway improvements. Balances to be secured with a letter of
credit.
20%payable at annexation
20% at 12 months (plus 9% interest for one year)
20% at 24 months (plus 9% interest for two years)
20% at 36 months (plus 9% interest for three years)
20% at 48 months (plus 9% interest for four years)
* Assessed for a subject property on a net acre basis (gross acres minus 25%). The dollar amount
for the per acre contribution shall be adjusted upward at an annual rate of three percent (3%)
effective January 1, 2003, and annually thereafter.
rik
�,.., CITY OF ELGIN
ORDINANCE NO. G4-02
AN ORDINANCE
ESTABLISHING A POLICY FOR THE FAR WEST AREA FOR DEVELOPMENT
CONTRIBUTIONS FOR ROADWAYS
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.
A.
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. G4-02, which provided by its terms
that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G4-02, 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 folt" upon request in the office of the municipal clerk.
DATED at Elgin, Illinois, on January 11, 2002.
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