T36-06 (2) Ordinance No. T36-06
AN ORDINANCE
PROVIDING FOR THE REIMBURSEMENT FROM BE EFITED PROPERTY OWNERS
OF A PORTION OF THE COSTS OF THE OTTER C' EK INTERCEPTOR SEWER
PHASES 4A AND 4B AND THE OTTER CREEK IN I ERCEPTOR SEWER AND
WATER MAIN PHASES 5A A i 5B
WHEREAS, the City of Elgin in conjunction with cei ain developers is providing for the
design and construction of certain sanitary sewer and water ma n improvements which are known as
the Otter Creek Interceptor Sewer Phases 4A and 4B and tit: Otter Creek Interceptor Sewer and
Water Main Phases 5A and 5B pursuant to a Public Improve lents Construction Agreement dated
February 22,2006,between the City of Elgin,Pingree L.L.C.,P ngree Creek L.L.C.,Wennlund Farm
L.L.C., and others as identified therein(such Otter Creek Inte eptor 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 herein:fter referred to as the"Subject Sewer
and Water Main Improvements"); and
WHEREAS, the City of Elgin is paying $10 million owards the costs of the design and
construction of the Subject Sanitary Sewer and Water Main provements; and
WHEREAS,the construction of the Subject Sewer and ater Main Improvements makes the
Subject Sewer and Water Main Improvements accessible to c-rtain nearby properties and thereby
benefits said properties; and
WHEREAS,it is reasonable to require owners ofprope which may connect to and will use
the Subject Sewer and Water Main Improvements to bear an. reimburse the City a portion of the
cost of the Subject Sewer and Water Main Improvements in he event that said owners desire to
connect to and use the Subject Sewer and Water Main Impro ements; and
WHEREAS, the City of Elgin is a home rule unit au horized to exercise any power and
perform any function pertaining to its government and affairs. and
WHEREAS,the construction of sanitary sewer improviments and water main improvements
and the allocation of the costs of such improvements to benefit d parties pertains to the government
and affairs of the City of Elgin; and
WHEREAS, properties which will benefit from th- Subject Sewer and Water Main
Improvements are those properties which have or may conne t to and use the Subject Sewer and
Water Main Improvements (such properties are hereinafter r-ferred to as the "Subject Benefited
Properties"); and
WHEREAS,the City Council of the City of Elgin here.y finds that additional surcharge fees
on the sewer charges and rates and water charges and rates oft 1 e City of Elgin for dwelling units or
other structures with a water connection on any of the Subject :enefited Properties in the amount of
the additional fee of$21 per month for sewer charges and rate 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 1 ITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That in order to reimburse the City of El IJin its costs advanced plus interest for
the Subject Sewer and Water Main Improvements the ow er of any of the Subject Benefited
Properties who is connected to or hereinafter connects an. or uses any portion of the Subject
Sanitary Sewer and Water Main Improvements shall pay to th- City of Elgin the amount of$21.00
per month as a surcharge and additional fee on sewer charges . d 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 Elvin of its costs advanced plus interest
for the Subject Sewer and Water Improvements the surcharg:s and additional fees provided for in
this ordinance to the Subject Benefited Properties shall termi I ate.
Section 3. That this ordinance shall be in full force a d effect from and after its passage in
the manner provided by law.
s/E. Schock
Ed S I hock, Mayor
Presented: August 9, 2006
Passed: August 9, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: August 10, 2006
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk