Resolution 2009-33 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Resolution No. 2009- 33
RESOLUTION APPROVING POLICY ON DEVELOPER DEPOSITS
BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville,
Kendall County, Illinois, that the Policy on Developer Deposits in the form attached hereto is
hereby approved and the City Finance Director, City Manager and City Attorney are hereby
directed to implement the terms, conditions and directions as stated therein.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
�3 day of , A.D. 2009.
ROBYN SUTCLIFF DIANE TEELING
ARDEN JOE PLOCHER WALLY WERDERICH
iA-
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS v�� GEORGE GILSON, JR.
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this n day of ��,�/J , A.D. 2009.
A
Mayo
Attest.•
Ci erk,
POLICY ON DEVELOPER DEPOSITS
WHEREAS, simultaneously with the submittal of any proposal for development within
the City or any petition to annex, the City requires the deposit of sums sufficient to cover certain
administrative costs incurred in connection with the review thereof, including, but not limited to,
legal and engineering; and,
WHEREAS, in order to assure the proper accounting for the use of said deposit and the
payment of costs incurred by the City in connection with any development proposal or petitioner
for annexation, the Mayor and City Council have established the following policy:
1. Without exception, simultaneously with the submittal of any proposal for
development, subdivision of land or petition for annexation, the applicant or petitioner, as the
case may be, shall deposit with the City a sum sufficient to pay certain administrative costs
incurred in connection with the review thereof, including, but not limited to, notice and
publication requirements, legal and engineering (the "Developer Escrow ") all as established
pursuant to Resolution 2002 -27 passed by the Mayor and City Council on August 13, 2002.
2. Upon receipt by the City of the Developer's Escrow, the Finance Director shall
establish a record of such deposit and deduct therefrom all costs incurred by the City in
connection with the processing and review of said application or petition until the matter is
concluded.
3. No plan for development, subdivision plat or petition for annexation shall be
processed until the required Developer Escrow has been established with the City.
4. In the event the costs incurred by the City exceed the amount in the Developer
Escrow, the applicant or the petitioner shall be required to deposit an amount estimated to be
equal to the costs yet to be incurred and in the event such additional amount is not deposited into
the Developer Escrow within fourteen (14) days of receipt of an invoice, all proceedings shall be
suspended until such additional amount is so deposited.
5. In the event there are any amounts due and owing to the City by any applicant or
petitioner which is not paid within thirty (30) days of the date of an invoice from the City, such
invoice shall be referred to the City's collection agency if the amount due is less than $30,000 or
if the amount is $30,000 or more, shall be forwarded to the City Attorney who is hereby
authorized to undertake such action, including legal proceedings in any court having jurisdiction
over the matter in order to attain collection.
6. In the event an applicant or petitioner has any sums due and owing to the City for
any reason, the City may refuse to process any application or petition until such sums due and
owing are paid in full.