T34-07 •
eft. Ordinance No. T34-07
AN ORDINANCE
ALLOCATING THE COSTS OF CERTAIN SANITARY SEWER AND WATER
IMPROVEMENTS TO BENEFITED PROPERTIES
(TEAL AVENUE)
WHEREAS, Casiano Lara (hereinafter referred to as the "Developer") has caused certain
sanitary sewer and water improvements to be made as depicted on Exhibit A attached hereto
(hereinafter collectively referred to as the "Subject Sanitary Sewer and Water Improvements" and
separately as the "Subject Sanitary Sewer Improvements" and the "Subject Water Improvements");
and
WHEREAS,the construction of the Subject Sanitary Sewer and Water Improvements makes
the Subject Sanitary Sewer and Water 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
and Water Improvements to bear a proportionate cost of the Subject Sanitary Sewer and Water
Improvements in the event that said owners desire to connect to and use the Subject Sanitary Sewer
and Water 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 the Subject Sanitary Sewer and Water Improvements and the
allocation of the costs of the Subject Sanitary Sewer and Water Improvements to benefited properties
pertains to the government and affairs of the City of Elgin; and
WHEREAS,the City of Elgin has previously adopted Title 22 of the Elgin Municipal Code,
1976,as amended,entitled"Sanitary Sewer Reimbursement"which provides for procedures relating
to sanitary sewer reimbursement regulations; and
WHEREAS, the Developer and City are desirous of entering into this agreement to provide
for the fair and allocable recapture by Developer of the proportionate cost of the Subject Sewer and
Water Improvements as more fully set forth below; and
WHEREAS, a listing of all benefited properties which benefit from the Subject Water
Improvements is attached hereto as Exhibit B (hereinafter referred to as the "Subject Properties
Benefited by the Subject Water Improvements"); and
WHEREAS, a listing of all of the benefited properties which benefit from the Subject
Sanitary Sewer Improvements is attached hereto as Exhibit B-1 (hereinafter referred to as the
"Subject Properties Benefited by the Subject Sanitary Sewer Improvements"); and
WHEREAS,the total Project Cost of the Subject Sanitary Sewer and Water Improvements is
broken down as follows,the Subject Water Improvements $81,767.87,the Subject Sanitary Sewer
Improvements$45,523.88 for a total of$124,291.75,which is the amount allocated to the benefited
properties as more fully described in Exhibit C attached hereto; 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 and Water Improvements to the benefited properties
by the availability of such Subject Sanitary Sewer and Water Improvements should be$5,840.56 for
each of the 14 Subject Properties Benefited by the Subject Water Improvements and should be
$15,174.63 for each of the three Subject Properties Benefited by the Subject Sanitary Sewer
Improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That terms used in this ordinance shall be defined as used and defined in
Title 22 of the Elgin Municipal Code, 1976, as amended.
Section 2. That the owner of any of the fourteen(14)of the Subject Properties Benefited
by the Water Improvements identified in Exhibit B attached hereto and made a part hereof who
desires to connect to or use the Subject Water Main Improvements shall pay to the Developer the
amount allocated as a fair proportion share of the cost of the Subject Water Improvements being the
amount of$5,840.56 for each of the fourteen(14)subject properties benefited by the Subject Water
Improvements. Said fee shall be in addition to any and all other fees established by the City of Elgin
for water services and/or sanitary sewer services. No property listed in Exhibit B that will be
connected to the Subject Water Improvements, shall be annexed into the City of Elgin or shall be
issued a building permit or otherwise permitted to connect to or otherwise use the Subject Water
Improvements until such time as payment is made to the Developer in an amount equal to such
property's proportionate share of said improvements as set forth in this ordinance. The Developer
shall issue a certificate of payment in the form approved by the City upon the payment of
reimbursement from the owner of a subject benefited property.
Section 3. That the owner of any of the three Subject Properties Benefited by the Subject
Sanitary Sewer Improvements identified in Exhibit B-1 attached hereto and made a part hereof who
desires to connect to and use the Subject Sanitary Sewer Improvements shall pay to the Developer
the amount allocated as a fair proportionate share of the costs of the sanitary sewer improvements
being the amount of$15,174.63 for each of the Subject Properties Benefited by the Subject Sanitary
Sewer Improvements. Said fee shall be in addition to any and all other fees established by the City
of Elgin for water and/or sanitary sewer services. No property listed in Exhibit B-1 that will be
connected to the Subject Sanitary Sewer Improvements, shall be annexed into the City of Elgin or
shall be issued a building permit or otherwise be permitted to connect to or otherwise use the Subject
Sanitary Sewer Improvements until such time as payment is made to the Developer in an amount
equal to such property's proportionate share of said improvements as set forth in this ordinance. The
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Developer shall issue a certificate of payment in the form approved by the city upon the payment of
reimbursement from the owner of a subject benefited property.
Section 4. 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 5. That any person desiring to connect to the Subject Sanitary Sewer or Water
Improvements may pay the amount allocated without interest if payment is made prior to
November 30,2007. If full payment is not made prior to November 30,2007,then payment shall be
made in full plus interest at the rate of eight percent (8%) per annum accruing from December 1,
2007, until the date of payment.
Section 6. Notwithstanding anything to the contrary herein,any obligations of the City of
Elgin under this recapture ordinance shall be non-recourse to the City of Elgin,and the City of Elgin
shall not be responsible in the event there is no development of the property or properties
contemplated to be benefited by the improvements referred to herein or the recapture fees provided
for herein are otherwise uncollected for any reason.
Section 7. That a certified copy of this ordinance shall be recorded by the City at
Developer's cost with the Recorder of Deeds, Kane County, Illinois.
elk Section 8. That this ordinance shall be in full force and effect from and after is passage in
the manner provided by law.
Ed Schock, Mayor
Presented: September 26, 2007
Passed: September 26, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 27, 2007
Published:
Attest:
Diane Robertson, City erk
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EXHIBIT "B"
Listing of benefited properties including tax identification numbers, common address and
owners of record.
BENEFITED PROPERTIES FOR WATER MAIN
Property Parcel Identification Common Address Owner
Number Number(PIN)
on Map
2 06-11-130-005 Teal Ave., No address assigned Jesus J. Sanchez
3 06-11-130-006 Teal Ave., No address assigned Jose Octavio Garcia
4 06-11-202-007 No address assigned
5 06-11-202-008 540 Teal Ave, Elgin, IL 60123 Luis A., Carmen& Lara
Acevedo
6 06-11-202-009 510 Teal Ave., Elgin, IL 60123 Joseph J. Miras
7 06-11-202-010 490 Teal Ave., Elgin, IL 60123 Larry W. & Betty D. Frit:
8 06-11-202-011 490 Teal Ave., Elgin, IL 60123 Larry W. & Betty D. Frit:
rk 9 06-11-202-012 490 Teal Ave., Larry W. & Betty D. Frit
11 06-11-131-002 555 Teal Ave., Declaration of J.A. & E.
Bredthauer
12 06-11-131-003 545 Teal Ave., Justin& Stephanie Bard
14 06-11-205-002 Teal Ave., No address assigned Duane E. & Karen L. Wer
15 06-11-205-004 Teal Ave., No address assigned Paul Seng
16 06-11-205-005 491 Teal Ave., Elgin, IL 60123 Brian Thurston
17 06-11-205-005 491 Teal Ave., Elgin, IL 60123 Lara Casiano
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EXHIBIT "B-1"
BENEFITED PROPERTIES FOR SEWER MAIN
Property Parcel Identification Number Common Address Owner
Number (PIN)
on Map
8 06-11-202-011 490 Teal Ave., Larry W. & Betty D. Fritz
Elgin, IL 60120
9 06-11-202-012 490 Teal Ave., Elgin, IL 60120 Larry W. & Betty D. Fritz
17 06-11-205-005 491 Teal Ave., Elgin, IL 60120 Lara Casiano
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EXHIBIT C
Breakdown of total project costs
RECAPTURE SCHEDULE
Sewer main represents 78% of the total work
Water main represents 22% of the total work
Entity Paid Water Main Sewer Main Total
78% 22% 100%
City of Elgin-Permits $7,186.87 $2,029.88 $9,226.75
EliasVelasquez-Landscaping $2,964.00 $836.00 $3,800.00
Jaeline's Paving-Paving $4,524.00 $1,276.00 $5,800.00
Spies & Associates, Inc.-Engineering $3,950.00 $2,015.00 $5,965.00
Services
BKT Construction Mgmt., Inc., d/b/a $63,133.00 $36,367.00 $99,500.00
Arnie's Excavating&Landscaping,Inc.-
Sewer&Water Main Installation(actual
cost not proportioned by percentage)
Total Amount Paid $81,767.87 $45,523.88 $124,291.75
14 Benefited Properties for Water $5,840.56
3 Benefited Properties for Sewer $15,174.63
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