Resolution 1998-05 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
RESOLUTION No. 1998-05
RESOLUTION DECLARING DETERMINATION AND INTENTION
TO CREATE RECAPTURE CALCULATIONS FOR CITY WATER LOOPING
FOR THE SOUTHWEST SIDE OF THE FOX
RIVER WITHIN THE UNITED CITY OF YORKVILLE AND
ALLOCATION OF THE COST THEREOF.
NOW COMES the City Council of the UNITED CITY OF YORKVILLE, a body politic
of the County of Kendall, State of Illinois which does hereby upon Motion duly made, seconded and
approved by majority vote resolve as follows:
DETERMINATION OF PUBLIC INTEREST
WHEREAS the City Council of the UNITED CITY OF YORKVILLE and its Mayor have
hereby made a preliminary determination that it is in the public interest,convenience, and necessity
to extend a Water Main to provide for water looping parallel in the right-of-way of GREENBRIAR
ROAD,which runs westerly from its intersection with Rt. 47,which is being done to insure uniform
and adequate water supply and pressure for the areas southwest of the Fox River to be developed
within the existing boundaries of the City, as well as serve areas adjoining to and contiguous with
7/09/97
Revised 7/10/97
1 Revised 4/08/98
the City boundaries of the City, as well as serve areas adjoining to and contiguous with the City
boundaries that are being annexed, and which will be annexed in the future; and that it intends to
require as a condition of annexation and development of lands within the City and southwest of the
Fox River, that are sought to be annexed, or to be served by municipal water improvements as
hereinafter set forth in said resolution.
SECTION 1: PLANS AND SPECIFICATIONS
All of the work encompassed by this Recapture Resolution will be done and improvements
constructed in the particular locations within the service area as set out in the service area shown in
the drawing attached as Exhibit "A", which is incorporated herein and made a part hereof by
reference.
That the actual cost of the municipal water improvements is the approximate sum of
$84,500.00.
In order to provide for the recapture of those sums expended by or on behalf of the UNITED
CITY OF YORKVILLE for installation of the total public water main subject to this recapture
agreement, is the sum of$84,500.00, plus 6% per annum from the date of the City commencing
expenditure of funds. THE UNITED CITY OF YORKVILLE shall be allowed to recapture a sum
equal to all out of pocket sums expended by them,not in excess of the actual sums expanded by the
developer.
SECTION 2: RECAPTURE AMOUNT
Any owner, developer,petitioner,or person entering into the annexation,zoning, or building
permit application process with the UNITED CITY OF YORKVILLE shall be required to pay and
exhibit to the City Administrator a paid receipt for the recapture amount set out hereinafter in
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subparagraphs A and B of this Article prior to execution of any Final Plat of Subdivision or building
permit as the case may be,in any of the areas described in Exhibit"A"; or if municipal water service
is obtained by connection to the above-described main extended outside of said service area,and said
property is actually benefitted pursuant to this Recapture Ordinance as follows:
A. THE UNITED CITY OF YORKVILLE has required the Developer of Greenbriar
Subdivision to oversize and loop said water system improvement in order to provide
expanded water supply improvements for its service area Southwest of the Fox River.
B. The estimated cost of said additional water system improvements that are being made
off-site in excess of those required for Greenbriar Subdivision, is in the sum of
$84,500.00.
C. That in the event any user hook-up to said water improvement the cost assessed shall
be at the rate of$200.00 per population equivalent(P.E.),which shall be$700.00 per
residential unit based upon estimated P.E. of 3.5 per residential unit; and the sum of
$1,000.00 per acre for each acre of Business Zoning or Manufacturing Zoning which
hooks-up to said system.
Said re-capture cost shall be paid until the sum of$84,500.00 plus the stated interest
is paid in full, at which time said recapture right shall cease.
Payment on residential units shall be at time of issuance of each respective building
permit. The amount of recapture is calculated based on the benefit for all future
areas in Exhibit "A" hooking into both the City High Pressure and Low Pressure
Water Systems.
Payment on Manufacturing or Business Zoning shall be within 30 days of the Final
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City Council vote approving the final plat, or of any user hooking up to said water
system.
D. In the event a parcel of real property located within the estimated recapture area set
out in Exhibit"A" is not able to be served by the municipal water as set out in this
area,then and in that event THE UNITED CITY OF YORKVILLE shall not charge
recapture.
SECTION 3: DURATION
The duration of this shall expire twenty (20) years from the date of this Resolution being
passed by the UNITED CITY OF YORKVILLE.
Developer hereby agrees to hold the United City of Yorkville harmless and to indemnify
it from any liability as a result of the imposition of said Recapture.
PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THIS
9`h DAY OF April , 1998.
Dated:
OR
ATTEST:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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