T36-06 s
t Ordinance No. T36-06
AN ORDINANCE
PROVIDING FOR THE REIMBURSEMENT FROM BENEFITED PROPERTY OWNERS
OF A PORTION OF THE COSTS OF THE OTTER CREEK INTERCEPTOR SEWER
PHASES 4A AND 4B AND THE OTTER CREEK INTERCEPTOR SEWER AND
WATER MAIN PHASES 5A AND 5B
WHEREAS, the City of Elgin in conjunction with certain developers is providing for the
design and construction of certain sanitary sewer and water main improvements which are known as
the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and
Water Main Phases 5A and 5B pursuant to a Public Improvements Construction Agreement dated
February 22,2006,between the City of Elgin,Pingree L.L.C.,Pingree Creek L.L.C.,Wennlund Farm
L.L.C., and others as identified therein(such Otter Creek Interceptor Sewer Phases 4A and 4B and
the Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B as described and depicted in
such Public Improvements Construction Agreement are hereinafter referred to as the"Subject Sewer
and Water Main Improvements"); and
WHEREAS, the City of Elgin is paying $10 million towards the costs of the design and
construction of the Subject Sanitary Sewer and Water Main Improvements; and
WHEREAS,the construction of the Subject Sewer and Water Main Improvements makes the
Subject Sewer and Water Main Improvements accessible to certain nearby properties and thereby
benefits said properties; and
WHEREAS,it is reasonable to require owners of property which may connect to and will use
the Subject Sewer and Water Main Improvements to bear and reimburse the City a portion of the
cost of the Subject Sewer and Water Main Improvements in the event that said owners desire to
connect to and use the Subject Sewer and Water Main 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 water main improvements
and the allocation of the costs of such improvements to benefited parties pertains to the government
and affairs of the City of Elgin; and
WHEREAS, properties which will benefit from the Subject Sewer and Water Main
Improvements are those properties which have or may connect to and use the Subject Sewer and
Water Main Improvements (such properties are hereinafter referred to as the "Subject Benefited
Properties"); and
WHEREAS,the City Council of the City of Elgin hereby finds that additional surcharge fees
r"' on the sewer charges and rates and water charges and rates of the City of Elgin for dwelling units or
erik other structures with a water connection on any of the Subject Benefited Properties in the amount of
the additional fee of$21 per month for sewer charges and rates and an additional fee of$9 per month
for water charges and rates are appropriate fees to reimburse the City of Elgin for its costs for the
Subject Sewer and Water Main Improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That in order to reimburse the City of Elgin its costs advanced plus interest for
the Subject Sewer and Water Main Improvements the owner of any of the Subject Benefited
Properties who is connected to or hereinafter connects and/or uses any portion of the Subject
Sanitary Sewer and Water Main Improvements shall pay to the City of Elgin the amount of$21.00
per month as a surcharge and additional fee on sewer charges and rates otherwise charged by the City
of Elgin and the amount of$9.00 per month as a surcharge and additional fee on water charges and
rates otherwise charged by the City of Elgin.
Section 2. That upon the repayment to the City of Elgin of its costs advanced plus interest
for the Subject Sewer and Water Improvements the surcharges and additional fees provided for in
this ordinance to the Subject Benefited Properties shall terminate.
Section 3. That this ordinance shall be in full force and effect from and after its passage in
the manner provided by law.
Ed Schock, Mayor
Presented: August 9, 2006
Passed: August 9, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 10, 2006
Published:
Attest:
910
Dolonna Mecum, City Clerk