G22-03 Ordinance No. G22-03
AN ORDINANCE
w PROVIDING FOR THE ALLOCATION TO AND REIMBURSEMENT FROM
BENEFITTED PROPERTIES OF THE COSTS OF THE BOWES ROAD,
OTTER CREEK AND BOWES CREEK INTERCEPTOR SEWERS AND
OTTER CREEK LIFT STATION
WHEREAS, the City of Elgin has caused certain sanitary sewer
improvements to be made which are known as the Bowes Road
Interceptor Sewer Phase I , Bowes Road Interceptor Sewer Phase IB
Parallel Sections 1 and 2 , Bowes Road Interceptor Sewer Phase II ,
the Bowes Road Interceptor Sewer Force Main and the Otter Creek
Lift Station and improvements and appurtenances relating thereto,
and the city intends to cause certain sanitary sewer improvements
to be made which are known as the Bowes Road Interceptor Sewer
Trunk 20 and the oversizing of the Bowes Creek Sanitary Sewer
Interceptor (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
eimb. 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 South-Southwest
Sanitary Sewer Recapture Area and its Sub-Areas as depicted in
Exhibit 1 attached hereto and made a part hereof (such properties
in the South-Southwest 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 South-
Southwest Sanitary Sewer Recapture Areas/Schedule of Fees dated
March 2003 , attached hereto and made a part hereof as Exhibit 2 .
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 South-Southwest 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 South-
Southwest 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.
Schock, Mayo
Presented: April 9, 2003
Passed: April 9, 2003
Vote : Yeas : 6 Nays : 0
Recorded: April 10 , 2003
Attest :
Dolonna Mecum, Cty Clerk
Goa
' Exhibit 1 J,
_ . South-Southwest Sanitary Sewer Recapture Area
and its Sub-Areas
(Bowes Road, Bowes Creek, Otter Creek Interceptor Sewers, and Otter Creek Lift Station) ;7 1 r 1 Wrillio— Nil
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Exhibit 2
South - Southwest
Sanitary Sewer Recapture Areas/Fees
(Bowes Road and Otter Creek Intercepter Sewers, Otter Creek Lift Station)
Fee Per Fee Per 1,000 sg.ft.of Fee Per 1,000 sg.ft.
Construction Gross Costs Net Acres in Cost Per Dwelling Unit Commercial Building of Industrial Buildin.
Sub-Area Costs(1) fJ - Water Shed = Acre u ll
77, .:
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OW:s 4`',� °,' "-04 rz ,4.'?^ ':feu 7L.t?4ia. • .�Y ., L' `l !u :�a..�::u.?': ^.
Bowes Road
Base $10,199,834 $16,155,454 6369 $2,537 $634 $233 $14.
Other(BRIS Trunk 20) $5,000,000 $7,919,468 4357 $1.818 $455 $157 �'•
Fee: $4,355 $1,089 $400 $251
i'��'s'Yr}4,i.4`� ,..�h`d�,�.,:. f•.i'.rrw-.F7,..,. C ,c,'.�,,......w k°,,�'s�'n',,'rni i kr,'::%' tr a....- sdw",.r.',+:ti.t�' .l 4 r7:,' .,...>: ...w;"'a " ' F - 111,1 yr•
d o. P i $
Bowes Creek
Base $10,199,834 $16,155,454 6369 $2,537 $634 $233 $14.
Other (Bowes Creek
oversizing) $1,000,000 $1,583,893 2012 $787 $J91 $72
Fee: $3,324 $831 $305 $191
01/06/03 sr
1. Per the City Engineering Department.
2. Includes financing costs (assumes 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.