G35-09 Ordinance No. G35-09
AN ORDINANCE
AMENDING TITLE 22 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "SANITARY SEWER REIMBURSEMENT"
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 City Council of the City of Elgin has previously adopted Title 22 of the
Elgin Municipal Code, 1976, as amended, entitled "Sanitary Sewer Reimbursement"; and
WHEREAS, the City Council has determined that it is necessary and desirable to amend
certain provisions within Title 22 of the Elgin Municipal Code; and
WHEREAS,ordinances relating to reimbursement of costs for sanitary sewers pertain to the
government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 22.02 of the Elgin Municipal Code, 1976,as amended,entitled
• "General Provisions" be and is hereby further amended by adding a new Section 22.02.080 thereto
entitled "Provisions Not Exclusive":
"22.02.080: PROVISIONS NOT EXCLUSIVE
The provisions of Title 22 of this code are not intended and shall not be construed as
providing the sole or exclusive methods and procedures for reimbursements or
recaptures. The City Council may adopt reimbursement or recapture ordinances or
approve reimbursement or recapture agreements providing for different methods or
different procedures for such reimbursements or recaptures than provided for in this
Title 22."
Section 2. That Section 22.06.010 of the Elgin Municipal Code, 1976,as amended,entitled
"General Procedures"be and is hereby further amended by amending subparagraph G thereof to read
as follows:
"G. Documentation And Notification Requirements For Lateral Sanitary Sewer
Reimbursement: The owner of property proposing a lateral sanitary sewer
reimbursement shall prepare a listing of all benefited properties including parcel sizes
in acres, tax identification numbers, legal descriptions, and owners of record. The
listing of benefited properties shall be attached to and made a part of the
reimbursement ordinance and shall be submitted to and maintained by the Code
Administration Department. The owner shall within thirty(30)days of the adoption
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• of a reimbursement ordinance by the City Council record a certified copy of the
ordinance with the applicable county recorder.The owner shall also within thirty(30)
days of the adoption of a reimbursement ordinance by the City Council send out by
regular mail notice of the adoption of such ordinance with a copy of the ordinance to
the property owners whose names appear on the most recent tax bills for the
properties identified in the ordinance."
Section 3. That Section 22.08.010 of the Elgin Municipal Code, 1976,as amended,entitled
"Criteria for Determining an Interceptor Sanitary Sewer Reimbursement" be and is hereby further
amended by amending subparagraph A thereof to read as follows:
"A. Requirement And Demand Unit_Factor: For all developments, the gross
acreage, gross developable acreage, population equivalents, or such other Demand
Unit as determined by the City Council in the reimbursement ordinance(the"Subject
Demand Unit") included on the site, or in the subdivision or planned development,
shall be the relevant demand unit, and shall be directly related to the amount of the
reimbursement required for the sanitary sewer collection system. The sanitary sewer
reimbursement shall be determined by obtaining the product of the following: 1)the
sum of 2) the cost of each of the completed portions of the downstream sanitary
sewer collection system adjusted for debt service requirements from the effective
date to the date of payment divided by 3)the total number of Subject Demand Units
in each of the respective service areas,or portions thereof,of the downstream sanitary
• sewer collection system multiplied by 4) the Subject Demand Units of the
development site."
Section 4. That Section 22.08.020 of the Elgin Municipal Code, 1976,as amended,entitled
"Criteria for Determining a Lateral Sanitary Sewer Reimbursement" be and is hereby amended by
amending subparagraph A thereof to read as follows:
"A. Requirement And Demand Factor: For all developments, the gross acreage,
population equivalents,or such other Demand Unit as determined by the City Council
in the reimbursement ordinance(the"Subject Demand Unit")included on the site,or
in the subdivision or planned development, shall be the relevant demand unit, and
shall be directly related to the amount of the reimbursement required for the sanitary
sewer collection system. The sanitary sewer reimbursement shall be determined by
obtaining the product of the following: 1) the sum of 2) the cost of each of the
completed portions of the downstream lateral sanitary sewer adjusted for debt service
requirements from the effective date to the date of payment divided by 3) the total
number of Subject Demand Units in the entire service area,or portions thereof,of the
downstream lateral sanitary sewer multiplied by 4) the Subject Demand Units of the
development site."
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• Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect from and after is passage
and publication in the manner provided by law.
Ed Schock, Mayor
Presented: May 27, 2009
Passed: May 27, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 28, 2009
Published: May 29, 2009 -
Attest:
Diane Robertson, City Merk
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