Resolution 1995-13 y
STATE OF ILLINOIS ) 6/8/95
)ss.
COUNTY OF KENDALL )
RESOLUTION NO. 1995- �3
RESOLUTION DECLARING DETERMINATION AND INTENTION
TO CREATE RECAPTURE CALCULATIONS FOR CITY WATER AND
SANITARY SEWER FOR THE NORTH SIDE OF THE FOX RIVER
WITHIN THE UNITED CITY OF THE VILLAGE OF YORKVILLE AND
ALLOCATION OF THE COST THEREOF
NOW COMES the City Council of the UNITED CITY OF THE VILLAGE 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 -)f THE UNITED CITY OF THE VILLAGE OF
YORKVILLE and its Mayor have hereb ° made a preliminary determination that it was in the
public interest, convenience, and necessity to extend a water main and Sanitary Sewer intercepter
North 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 North 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 and sanitary sewer improvements is the
approximate sum of$1,260,000.00. The City further anticipates costs for the future construction
of a sanitary relief sewer which may be needed in the event the capacity in the existing line is
entirely used prior to service of the entire area designated in this Resolution.
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, in the approximate sum of $1,260,000, 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.
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
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areas described in Exhibit "A"; or if municipal sanitary sewer service or municipal water service
is extended outside of said service area, and said property is actually benefitted pursuant to this
recapture ordinance as follows:
A. i) The sum of One Thousand and Five Hundred & 00/00 ($1,500.00) per acre for
commercial, business, manufacturing or office zoning purposes, payable upon
earlier of a building permit being issued or recording of Final Plat, as to the total
of all acreage being platted, or if no Plat is recorded, upon issuance of a building
permit, for the entire parcel upon which the building is constructed.
ii) This amount shall be increased by 6% per annum interest, said interest to be
added quarterly commencing July 1, 1995 and quarterly thereafter 1.5% shall be
added to the principal due for payments made for recapture during any calendar
quarter.
B. i) The sum of One Hundred Fifty & 00/00 ($150.00) per (p.e.) population
equivalent of residential dwelling unit; the amount to be charged per single-family
dwelling unit at the rate of One Hundred Fifty & 00/00 ($150.00) per p.e. times
3.5 p.e. per dwelling unit for a total of Five Hundred Twenty-Five & 00/00
($525.00) as to a single-family unit; and as to duplex or multi-family dwelling
units of 3.0 per dwelling unit at One Hundred Fifty & 00/00 Dollars ($150.00) per
p.e. for a total of Four Hundred Fifty & 00/00 ($450.00) per residential dwelling
unit. As to residential dwelling units, the recapture amount shall be paid at the
time of application for a building permit.
ii) This amount shall be increased by 6% per annum interest, said interest to be
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added quarterly commencing July 1, 1995 and quarterly thereafter 1.5% shall be
added to the principal due for payments made for recapture during any calendar
quarter.
SECTION 3: DURATION
The duration of this shall expire fifteen (15) years from the date of this Resolution.
SECTION 4: DISCLAIMER
A. THE UNITED CITY OF THE VILLAGE OF YORKVILLE has undertaken to
provide expanded sanitary sewer and water supply improvements for its service
area North 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 rccapture 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.
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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,
the recapture amounts set out herein shall be imposed in accordance with this
Ordinance.
Dated:
MAYOR
ATTEST:
C Y ERK
V F
Law Offices of Daniel I Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708) 553-9500
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Cannonball . Trail Interceptor Service Area Map
MAY 25, 1995
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