Resolution 1995-12 r
STATE OF ILLINOIS ) 6/8/95
)ss.
COUNTY OF KENDALL )
RESOLUTION 1995-12
RESOLUTION DECLARING DETERMINATION AND INTENTION
�TO CREATE RECAPTURE CALCULATIONS FOR CITY WATER AND
A_NITARY SEWER FOR THE SOUTHWEST SIDE OF THE FOX RIVER
WITHIN THE UNITED CITY OF THE VILLAGE OF YORKVILLE AND
ALLOCATION OF THE COST THEREOF
r VI OW COM ES the City Council of the UNITED CITY OF THE VILLAGE OF
LLE, 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 THE VILLAGE OF
YORKVILLE and its Mayor have hereby made a preliminary determination that it was in the
public interest, convenience, and necessity to extend a Water Main and Sanitary Sewer intercepter
Southwest of the Fox River to service areas to be developed within the existing 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, to be served by municipal water improvements and to be
serviced by municipal sanitary sewer improvements to be made as hereinafter set forth in said
resolution.
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SECTION 1: PLANS AND SPECIFICATIONS
All of the work encompassed by this Recapture Resolution has been 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
$950,000.00.
In order to provide for the recapture of those sums expended by or on behalf of THE
UNITED CITY OF THE VILLAGE OF YORKVILLE for installation of the total public
improvements, is the approximate sum of$950,000.00, plus interest at 6% per annum from the
date of the City commencing expenditure of funds. THE UNITED CITY OF THE VILLAGE OF
YORKVILLE shall be allowed to recapture a sum equal to all out of pocket sums expended, not
in excess of the actual sums expended by them. , 61
ed-=Iief se m= Sh&1 ),o a-d-d-Aa to said pro ect Gog-
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 THE VILLAGE OF
YORKVILLE shall be required to pay and exhibit to the City Administrator a paid receipt for
the recapture amount set out hereinafter in 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 sanitary sewer service or municipal water service
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quarter.
SECTION 3: DURATION
The duration of this shall expire fifteen (15) years from the date of this Resolution.
SECTION 4: DISCLAMR
A. THE UNITED CITY OF THE VILLAGE OF YORKVILLE has undertaken to
provide expanded sanitary sewer and water supply improvements for its service
area Southwest of the Fox River. No warranty or representation is made by THE
UNITED CITY OF THE VILLAGE OF YORKVILLE as to any specific parcel
of real property within said service area, that municipal sanitary sewer or
municipal water service shall be available at any specific time to a particular
parcel. Except to the extent contained in any written agreement with a specific
real property owner as to reservation of p.e., no reservation of service is made to
any particular real property owner.
B. In the event a parcel of real property located within the recapture area set out in
Exhibit "A" is not able to be served by the municipal water or sanitary sewer
service set out in this area, or future expansions thereof, then and in that event
THE UNITED CITY OF THE VILLAGE OF YORKVILLE shall not charge
recapture.
C. In the event real property outside the service area as set out in Exhibit "A" is in
fact serviced by the subject municipal water system and/or sanitary sewer system,
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the recapture amounts set out herein shall be imposed in accordance with this
Ordinance.
Dated: J ��
MAYOR
ATTEST:
C Y CLtRK /
'�9�A-v Law Offices of Daniel I Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708) 553-9500
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