T15-03 Recorded 20031-G 1 93209
SANDY WEGMAN
RECORDER
KANE COUNTY, IL
State of Illinois) RECORDED ON
County of Kane) ss 10/31/2003 21:58AM
City of Elgin ) REC FEE: 25.00
PAGES: 4
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. T15-03
AN AMENDED ORDINANCE
ALLOCATING THE COSTS OF CERTAIN WATER MAIN IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Steel Street and Owasco Avenue)
passed by the Elgin City Council at its legally convened meeting held on August 27,2003.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this September 15,2003.
City Clerk
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk C`�
City of Elgin 150 Dexter Court `
150 Dexter Court Elgin, IL 60120 2-
6 sr/
Elgin, IL 60120
1
ordinance No. T15-03
AN AMENDED ORDINANCE
ALLOCATING THE COSTS OF CERTAIN WATER LIN IMPROVEMENTS
TO BENEFITTED PROPERTI:S
(Steel Street and Owasco A enue)
WHEREAS, the City of Elgin has caus:d certain water main
improvements to be made within Steel Street between Jerusha Avenue
and Owasco Avenue and within Owasco Avenue between Steel Street and
Clifford Street (hereinafter referred to as he "Subject Water Main
Improvement" ) ; and
WHEREAS, the construction of the Subject Water Main
Improvement makes the Subject Water Main Imirovement accessible to
certain adjoining properties and thereby be_ efits said properties;
and
WHEREAS, it is reasonable to requi e owners of property
adjoining the Subject Water Main Improvement to bear a
proportionate cost of the Subject Water Main Improvement in the
event that said owners desire to connect o and use the Subject
Water Main Improvement; and
WHEREAS, the City of Elgin is a home ule unit authorized to
exercise any power and perform any function relating to its
government and affairs; and
WHEREAS, 'the construction and ownership of water main
improvements and the allocation of the costs of water main
improvements to benefitted properties pert: ins to the government
and affairs of the City of Elgin; and
WHEREAS, the total cost of the Subject Water Main Improvement
on Steel Street and Owasco Avenue was $64 , 277 . 00 of which
$21, 209 . 00 is the amount allocated to eight adjacent properties;
and
WHEREAS, the City Council has previo sly adopted Ordinance
No. T20-02 allocating the cost of such wator main improvements to
certain benefitted properties along Steel Street and Owasco Avenue;
and
WHEREAS, it is necessary and desirable to provide' for certain
amendments to Ordinance No. T20-02 througi the adoption of this
amended ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE •ITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That the owner of any of tie properties identified
in Exhibit A attached hereto and made a par hereof who desires to
connect to and use the Subject Water Main I provement shall pay to
the City of Elgin the amount allocated as the fair proportionate
share of the costs of the Subject Water Man Improvement as set
forth in Exhibit A. Said fee shall be in a.dition to any and all
other fees established by the City of Elgin for water service.
Section 2 . No property listed in Ex ibit A that will be
connected to the Subject Water Main Improve ,ent shall be issued a
building permit or otherwise permitted to connect or to otherwise
use the Subject Water Main Improvement unti such time as payment
is made to the City of Elgin in an amount eq al to such property' s
proportionate share of said improvements :s set forth in this
ordinance.
Section 3 . That any property held in common ownership with
and contiguous to property subject to th- provisions of this
ordinance on the effective date of this ordi ance shall be subject
to payment based on the entire amount esta lished for the entire
parcel as provided in this ordinance.
Section 4 . That any person desiring to connect to the Subject
Water Main Improvement may pay the amo nt allocated without
interest if payment is made prior to Octo.er 1, 2003 . If full
payment is not made prior to October 1, 2003 then payment shall be
made in full plus interest at the rate of -.even percent (7%) per
annum accruing from October 1, 2003 , until he date of payment .
Section 5 . That a certified copy of his ordinance shall be
recorded by the City Clerk with the Recorder of Deeds, Kane County,
Illinois.
Section 6 . That a copy of this ordin_nce shall be mailed by
the city' s water director via first class ail to the properties
identified in Exhibit A attached hereto.
Section 7 . That Ordinance No. T20-02, previously adopted by
the City Council of the City of Elgin on S-ptember 25, 2002, and
recorded on October 9, 2002, as Documents N. . 2002K126573 , be and
is hereby repealed.
Section 8 . That this ordinance shall be in full force and
effect from and after its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 27, 2003
Passed: August 27, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: August 28, 2003
Published:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
EXHIBIT A
PIN AND
ADDRESS LEGAL DESCRIPTION PROPERT SIZE RECAPTURE AMOUNT
885 Steel Street 06-11-130-004 66' 132 ' $ 2,651,00
Lot 10, Block 9
Sadler's Addition
871 Steel Street 06-11-131-001 66' q 132 ' $ 2,651.00
(a/k/a 950 Steel Street) Lot 9, Block 11
Sadler's Addition
863 Steel Street 06-11-131-004 66' . 132 ' $ 2,651.00
Lot 10, Block 11
Sadler's Addition
839 Steel Street 06-11-178-001 66' 132' $ 2,651.00
Lot 9, Block 13
Sadler's Addition
829 Steel Street 06-11-178-004 66' 132 ' $ 2,651.00
Lot 10, Block 13
Sadler's Addition
590 Owasco Avenue 06-11-178-005 66' 132 ' $ 2, 651.00
Lot 11, Block 13
Sadler's Addition
586 Owasco Avenue 06-11-178-008 66' 132 ' $ 2,651.00
Lot 12, Block 13
Sadler' s Addition
582 Owasco Avenue 06-11-178-009 66' 132' $ 2,651.00
Lot 13, Block 13
Sadler's Addition
2003K193209 t,
o OF f,
,�" c�~ City of Elgin Agenda Item No.
i
x viiir. li
r „5-. E
August 8, 2003G uwrl
I ,;,IfsN .flip
TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENTEFFIC IENT SERVICE~,
C\ AND QUALITY INFRASTRUCTURE
1 ,e
FROM: David M. Dorgan, City Manager , '
Larry E. Deibert, Director of le Water Department
SUBJECT: Revised Recapture Ordinance for Water Main
Improvements Along Steel Street and Owasco Avenue
PURPOSE
The purpose of this memorandum is to •.eek authorization from
the Mayor and members of the City Council to revise a recapture
ordinance for water main improvements :long Steel Street and
Owasco Avenue .
elik BACKGROUND
On August 23 , 2002 , at a Committee of th= Whole Meeting the City
Council authorized a recapture agreem-nt for the U-Stor-It
facility on Steel Street . Part of the cost of the water main
installed on Steel Street and Owasco Avenue was to be recaptured
from adjoining property owners .
Basically this revised ordinance will rectify two clerical
errors made with the original ordin-nce . One being the
inclusion of 995 Steel Street, a resi•ence which is already
receiving water service off of Jerusha avenue and therefore not
subject to this recapture agreement, .:nd also an inaccurate
listing of an address . The correct add ess should be 871 Steel
Street, (a/k/a 950 Steel Street) . The attached amended
ordinance rectifies those issues .
COMMUNITY GROUPS/INTERESTED PERSONS CONTA TED
None
/1iFINANCIAL IMPACT
None
REVISED RECAPTURE ORDINANCE
August 8, 2003
Page 2
LEGAL IMPACT •
\14\12111%one.
ALTERNATIVES
1 . Not to proceed with the revised recapture ordinance .
RECOMMENDATION
It is recommended that the City Counci authorize the revised
recapture ordinance for water main imi.rovements along Steel
Street and Owasco Avenue .
Respectfully submitted for Council consid-ration.
LED:mg
Attachment
r
DRAFT 7/21/03
Ordinance No. T
AN AMENDED ORDINANSE
ALLOCATING THE COSTS OF CERTAIN WATE' MAIN IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Steel Street and Owasco Avenue)
WHEREAS, the City of Elgin has caised certain water main
improvements to be made within Steel Stre=t between Jerusha Avenue
and Owasco Avenue and within Owasco Avenue between Steel Street and
Clifford Street (hereinafter referred to a- the "Subject Water Main
Improvement" ) ; and
WHEREAS, the construction of t e Subject Water Main
Improvement makes the Subject Water Main improvement accessible to
certain adjoining properties and thereby .enefits said properties;
and
WHEREAS, it is reasonable to req ire owners of property
adjoining the Subject Water Main I provement to bear a
proportionate cost of the Subject Water Main Improvement in the
event that said owners desire to connec to and use the Subject
Water Main Improvement; and
rikWHEREAS, the City of Elgin is a hom= rule unit authorized to
exercise any power and perform any f nction relating to its
government and affairs; and
WHEREAS, the construction and o ership of water main
improvements and the allocation of t e costs of water main
improvements to benefitted properties pe' tains to the government
and affairs of the City of Elgin; and
WHEREAS, the total cost of the Subje t Water Main Improvement
on Steel Street and Owasco Avenue w•:s $64 , 277 . 00 of which
$21, 209 . 00 is the amount allocated to e 'ght adjacent properties;
and
WHEREAS, the City Council has previously adopted Ordinance
No. T20-02 allocating the cost of such w-;ter main improvements to
certain benefitted properties along Steel Street and Owasco Avenue;
and
WHEREAS, it is necessary and desirable to provide for certain
amendments to Ordinance No. T20-02 thro gh the adoption of this
amended ordinance .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That the owner of any of he properties identified
in Exhibit A attached hereto and made a p-rt hereof who desires to
connect to and use the Subject Water Main Improvement shall pay to
the City of Elgin the amount allocated a-. the fair proportionate
share of the costs of the Subject Water Main Improvement as set
forth in Exhibit A. Said fee shall be in addition to any and all
other fees established by the City of Elgin for water service .
Section 2 . No property listed in Exhibit A that will be
connected to the Subject Water Main Impro ement shall be issued a
building permit or otherwise permitted to connect or to otherwise
use the Subject Water Main Improvement un it such time as payment
is made to the City of Elgin in an amount equal to such property' s
proportionate share of said improvement- as set forth in this
ordinance.
Section 3 . That any property held ;n 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 es ablished for the entire
parcel as provided in this ordinance .
Section 4 . That any person desiring to connect to the Subject
Water Main Improvement may pay the a ount allocated without
interest if payment is made prior to October 1, 2003 . If full
payment is not made prior to October 1, 2003, then payment shall be
made in full plus interest at the rate oi seven percent (7%) per
annum accruing from October 1, 2003, unt ' 1 the date of payment .
Section 5 . That a certified copy o this ordinance shall be
recorded with the Recorder of Deeds, Kan= County, Illinois.
fiwC- c k."-t-`-"\ - .--
Section 6 . That a copy of this ordnance shall be mailed by
the city' s water director via first clas- mail to the properties
identified in Exhibit A attached hereto.
Section 7 . That Ordinance No. T20-$2, previously adopted by
the City Council of the City of Elgin o September 25, 2002 , and
recorded on October 9, 2002 , as Document- No. 2002K126573 , be and
is hereby repealed.
Section 8 . That this ordinance sh. 11 be in full force and
effect from and after its passage in the manner provided by law.
Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays :
Recorded:
Published:
•
Attest :
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\Recapture Water Main Improvement-Steel St Amended-LD.doc
EXHIBIT A
PIN AND
ADDRESS LEGAL DESCRIPTION PROP RTY SIZE RECAPTURE AMOUNT
885 Steel Street 06-11-130-004 66' x 132' $ 2,651, 00
Lot 10, Block 9
Sadler's Addition
871 Steel Street 06-11-131-001 6:' x 132' $ 2,651.00
(a/k/a 950 Steel Street) Lot 9, Block 11
Sadler's Addition
863 Steel Street 06-11-131-004 6: ' x 132' $ 2,651.00
Lot 10, Block 11
Sadler's Addition
839 Steel Street 06-11-178-001 6: ' x 132' $ 2,651.00
Lot 9, Block 13
Sadler's Addition
829 Steel Street 06-11-178-004 61 ' x 132' $ 2,651.00
Lot 10, Block 13
Sadler's Addition
590 Owasco Avenue 06-11-178-005 6. ' x 132 ' $ 2,651.00
Lot 11, Block 13
Sadler's Addition
586 Owasco Avenue 06-11-178-008 6. ' x 132 ' $ 2,651.00
Lot 12, Block 13
Sadler's Addition
582 Owasco Avenue 06-11-178-009 6. ' x 132 ' $ 2,651.00
Lot 13, Block 13
Sadler's Addition