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G21-03 Ordinance No. G21-03 AN ORDINANCE PROVIDING FOR THE ALLOCATION TO AND REIMBURSEMENT FROM BENEFITTED PROPERTIES OF THE COSTS OF THE NORTHWEST, TYLER CREEK, BIG TIMBER AND NORTH RANDALL INTERCEPTOR SEWERS WHEREAS, the City of Elgin has caused certain sanitary sewer improvements to be made which are known as the Northwest, Tyler Creek, Big Timber and North Randall Interceptor Sewers and improvements and appurtenances relating thereto (hereinafter collectively referred to as the "Subject Sanitary Sewer Improvements" ) ; and WHEREAS, the construction of the Subject Sanitary Sewer Improvements makes the Subject Sanitary Sewer Improvements accessible to certain nearby properties and thereby benefits said properties; and WHEREAS, it is reasonable to require owners of property nearby the Subject Sanitary Sewer Improvements to bear and reimburse to the City of Elgin a proportionate cost of the Subject Sanitary Sewer Improvements in the event that said owners desire to connect to and use the Subject Sanitary Sewer Improvements; and 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 construction of sanitary sewer improvements and the allocation of the cost of sanitary sewer improvements to benefitted properties pertains to the government and affairs of the City of Elgin; and WHEREAS, benefitted properties which benefit from the Subject Sanitary Sewer Improvements are located in the North-Northwest Sanitary Sewer Recapture Area and its Sub-Areas as depicted in Exhibit 1 attached hereto and made a part hereof (such properties in the North-Northwest Sanitary Sewer Recapture Area and its Sub- Areas as depicted in Exhibit 1 are hereinafter referred to as the "Subject Benefitted Properties" ) ; and WHEREAS, the City Council of the City of Elgin hereby finds that the fair proportionate share of the costs of the Subject Sanitary Sewer Improvements to the Subject Benefitted Properties by the availability of such Subject Sanitary Sewer Improvements should be computed according to the formula as set forth in the North- Northwest Sanitary Sewer Recapture Areas/Schedule of Fees dated March 2003 , attached hereto and made a part hereof as Exhibit 2 . f NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the owner of any of the Subject Benefitted Properties who desires to connect to and use any of the Subject Sanitary Sewer Improvements shall pay to the City of Elgin the amount allocated as the fair proportionate share of the costs of the Subject Sanitary Sewer Improvements according to the formula set forth in the North-Northwest Sanitary Sewer Recapture Areas/Schedule of Fees dated March 2003, attached hereto and made a part hereof as Exhibit 2 . Said fees shall be in addition to any and all other fees established by the City of Elgin for sanitary sewer services . Section 2 . The payment of a property' s proportionate share of the costs of the Subject Sanitary Sewer Improvements provided for in this ordinance shall be payable to the City of Elgin prior to the issuance of a building permit . No property in the North- Northwest Sanitary Sewer Recapture Area and its Sub-Areas in Exhibit 1 that will be connected to the Subject Sanitary Sewer Improvements shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject Sanitary Sewer Improvements until such time as payment is made to the City of Elgin in an amount equal to such property' s proportionate share of said improvements as set forth in this ordinance . Section 3 . That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance . 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 from and after its passage in the manner provided by law. _ S E Schock, Mayor Presented: April 9, 2003 Passed: April 9, 2003 Vote : Yeas : 6 Nays : 0 Recorded: April 10, 2003 Attest : D:lonna Mecum, City Clerk Section 1 . That the owner of any of the Subject Benefitted Properties who desires to connect to and use any of the Subject Sanitary Sewer Improvements shall pay to the City of Elgin the amount allocated as the fair proportionate share of the costs of the Subject Sanitary Sewer Improvements according to the formula set forth in the North-Northwest Sanitary Sewer Recapture Areas/Schedule of Fees dated March 2003 , attached hereto and made a part hereof as Exhibit 2 . Said fees shall be in addition to any and all other fees established by the City of Elgin for sanitary sewer services . Section 2 . The payment of a property' s proportionate share of the costs of the Subject Sanitary Sewer Improvements provided for in this ordinance shall be payable to the City of Elgin prior to the issuance of a building permit . No property in the North- Northwest Sanitary Sewer Recapture Area and its Sub-Areas in Exhibit 1 that will be connected to the Subject Sanitary Sewer Improvements shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject Sanitary Sewer Improvements until such time as payment is made to the City of Elgin in an amount equal to such property' s proportionate share of said improvements as set forth in this ordinance . Section 3 . That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance . 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 from and after its passage in the manner provided by law. E Schock, Mayor Presented: April 9, 2003 Passed: April 9, 2003 Vote : Yeas : 6 Nays : 0 Recorded: April 10, 2003 Published: Attest : 'JUL eft Dolonna Mecum, City Clerk r ., , cx Exhibit 1 North-Northwest Sanitary Sewer Recapture Area and its Sub-Areas (Northwest, Tyler Creek, Big Timber, and North Randall Interceptor Sewe )iife,,,liiIk% ICT —i--- --- L i1 North Randall ..,..,_..„,,,r! t ; Sub-Area - '1)? a il - !' -. apro rr'-''''-:-'-' -.::::'=i-=',_----7, l• Alk . t . „ , „, i_. _ . _ . . , , 7\ jIU Sleepy Hottow x Sub-Area ri , i ..... Tyler Creek/Big Timber _ [.,_ „__, Sub-Area ,...,,,-„,- ,„:_,_ .,-..-....,:,,--„,.,-, .__ ... _ .___, ,_ _____....„ , , / [ ."-- r\A 4141111/111111 . I 1 /iT, iikithilikos... h■ - - ' 1-1,-: 7-.; -ger- -- _ .,,;,:: --: _ . ___ .„ ...._ ___. , , , _ . .. ----_,:- a . - : - - '__ - -- - .._, .. __ . ,, ::::,:_;_,;-• ek --__- 9 its Exlllit 2 North - Northwest , Sanitary Sewer Recapture Areas/Schedule of Fees (Northwest, Tyler Creek, Big Timber and North Randall Intercepter Sewers) March, 2003 i Construction Financing Net Acres in Cost Per Fee Per Dwelling Unit Fee Per 1,000 sq.ft.of Fee Per 1,000 sq.ft.of Sub-Area Costs(11 Costs(2) Total Costs - Water Shed = Net Acre fll Commercial Building(4) Industrial Building(5) North Randall Base(NW Intercepter Sewers) $4,974,128 $2,904,363 $7,878,491 4505 $1,749 $437 $161 $100 Other(N. Randall Intercepter Sewer) $3,767,584 $2,199,060 $5,967,452 1532 $3,895 $974 $358 $224 Fee: $5,644 $1,411 $519 $324 Sleepy Hollow Base(NW,Intercepter Sewers) $4,974,128 $2,904,363 $7,878,491 4505 $1,749 $437 $161 $100 Other(Part of N. Randall Intercepter) $1,503,971 $878,160 $2,382,131 1532 $1,555 $389 $143 $90 Fee: $3,304 $826 $304 $190 Tyler Creek/Big Timber Base(NW Intercepter Sewers) $4,974,120 $2,904,363 $7,878,491 4505 $1,749 $437 $161 $100 Other(Tyler Creek/Big Timber) $8,645,889 $5,048,281 $13,694,170 2973 $4,606 $1,152 $423 $264 Fee: $6,355 $1,589 $584 $364 1. Per the City Engineering Department 2.Financing Costs for a 20 year bond at 5%annual interest 3. Assume an average of four dwelling units per acre density 4.Assume an average floor area ratio of 0.25. Fee represents a proportionate share of an acre based on building coverage. 5.Assume an average floor area ratio of 0.40. Fee represents a proportionate share of an acre based on building coverage. 6.An individual fee is not to exceed the amount resulting from these calculations,or$50,000,whichever is less. 7. Data to be updated on January 1,2004,and annually thereafter as follows: l)cost estimates for sanitary sewer system improvements to be completed in future years shall be adjusted to reflect the City's adopted 5-year Sanitary Sewer Fund Capital Improvement Plan and 2)cost estimates for sanitary sewer improvements that have been completed shall be adjusted to reflect actual construction costs financed at a 5%annual interest rate.