T23-05Ordinance No. T23 -05
AN ORDINANCE
PROVIDING FOR THE ALLOCATION TO AND REIMBURSEMENT
FROM BENEFITTED PROPERTIES OF THE COST OF A PORTION OF THE
OTTER CREEK INTERCEPTOR SEWER
WHEREAS, Pulte Home Corporation, a Michigan corporation ( "Pulte "), Kimball Hill, Inc.,
an Illinois corporation ( "Kimball Hill") and National Developers, hic., an Illinois corporation ( "Town
and Country ") (Pulte, Kimball Hill and Town and Country being hereinafter collected referred to as
the "Developers ") have caused certain sanitary sewer improvements to be made which are known as
the Otter Creek Interceptor Sewer Phases One and Two (hereinafter 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 Developers 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 costs
of sanitary sewer improvements to benefitted properties pertains to the government and affairs of the
City of Elgin; and
WHEREAS, benefited properties which benefit from the Subject Sanitary Sewer
Improvements are depicted in the map attached hereto as Exhibit 1 and are listed in the listing of
properties attached hereto as Exhibit 2 (such properties depicted in Exhibit 1 and listed in Exhibit 2
are hereinafter referred to as the "Subject Benefited Properties "); and
WHEREAS, the total project costs of the Subject Sanitary Sewer Improvements was
$3,996,779.57; and
WHEREAS, the City Council of the City of Elgin hereby finds that the fair proportionate
share of the cost of the Subject Sanitary Sewer Improvements to the Subject Benefitted Properties by
the availability of such Subject Sanitary Sewer improvements is in the total amount of$1,829,415.10
of the project cost computed at the rate of $1,682.34 per Acre.
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 Benefited Properties identified in
Exhibit 2 attached hereto and made a part hereof who desires to connect to and use the Subject
Sanitary Sewer Improvements shall pay to the Developers the amount allocated as the fair
proportionate share of the costs of the Subject Sanitary Sewer hnprovements being the amount of
$1,682.34 per Acre. Said fee shall be in addition to any and all other fees established by the City of
Elgin for sanitary sewer services.
Section 2. No property listed in Exhibit 2 that will be connected to the Subject Sanitary
Sewer Improvements shall hereinafter be annexed into the city or shall hereinafter 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 Developers in an amount equal to such
property's proportionate share of said improvements as set forth in this ordinance. Payments due to
the Developers shall be paid in the following ratios: Pulte 18.35 %, Kimball Hill 17.25% and Town
and Country 64.40 %. An authorized representative of the Developers shall issue a certificate of
payment in the form approved by the city upon the payment of reimbursement from the owner of a
benefitted property.
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 any person desiring to connect to the Subject Sanitary Sewer
Improvements may pay the amount allocated without interest if payment is made prior to August 31,
2005. If full payment is not made prior to August 31, 2005, then payment shall be made in full plus
interest at the rate of five percent (5 %) per annum accruing from August 31, 2005 until the date of
payment.
Section 5. That a certified copy of this ordinance shall be recorded with the Recorder of
Deeds, Kane County, Illinois.
Section 6. That this ordinance shall be in full force and effect from and after is passage in
the manner provided by law.
Presented: July 13, 2005
Passed: July 13, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 14, 2005
Published:
Attest: %%//��
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Dolonna Mecum, City Clerk
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