Resolution 1992-11A STATE OF ILLINOIS )
)SS.
COUNTY OF KENDALL )
RESOLUTION DECLARING PRELIMINARY DETERMINATION
AND INTENTION TO RECAPTURE UNDERGROUND PIPE SLEEVING COST
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 hereupon
motion duly made, seconded and approved by a majority vote of the City
Council resolve as follows:
DETERMINATION OF PUBLIC INTEREST
The City Council of the United City of the Village of Yorkville does
make a preliminary determination that it is in the best public interest, convenience,
and necessarily is required to install a pipe for sleeving purposes in order
to extend sewer and water mains across Illinois State Route 71 during the
construction phase of a road expansion project of Illinois Route 71 by the
Illinois Department of Transportation so as to allow the City of Yorkville
to extend municipal services from the north side to the south side of Route
71 without causing damage to the completed road construction project.
DEVELOPER'S ADVANCE OF COST
WHEREAS, THOMAS D. HUGHES and EDITH J. HUGHES, and their
successors, heirs, and assigns, have currently advanced the sum of Twelve
Thousand Dollars ($12,000.00) for the installation of the sleeving pipe to
permit the expansion of City sewer and water facilities south of Illinois Route
71 ; and
WHEREAS, the benefit to the public of said sleeving during the construction
phase of Route 71 benefits in area of approximately Two Hundred Forty
(240) acres of land in addition to that owned by THOMAS D. HUGHES and
EDITH J. HUGHES, and their successors, heirs, and assigns;
As a further part of said Recapture Agreement, THOMAS D. HUGHES
and EDITH J. HUGHES shall pay the United City of the Village of Yorkville
the sum of Three Thousand Dollars ($3,000.00) on or before March 15, 1992;
and the further sum of Three Thousand Dollars ($3,000.00) on or before
April 15, 1992, Three Thousand Dollars $3,000.00) on or before May 15,
1992, and Three Thousand Dollars ($3,000.00) on June 15, 1992; said sums
to be repaid for the purpose of reimbursing the City for funds previously
expended by the City in completing said sleeving operation.
NOW THEREFORE AS HEREBY AGREED that THOMAS D. HUGHES
and EDITH J. HUGHES, and their successors, heirs, and assigns shall be
allowed a recapture fee of Two Hundred Dollars ($200.00) per acre until
its entire cost advance for the sleeving of Route 71 is recaptured plus interest
_calculated at seven percent (7$) per annum.
Said recapture shall continue for a period of time until ten (10) years
expires from the date of execution of this resolution.
That the City of Yorkville shall collect through its City Collector said
recapture cost at such time as any acreage contained in the attached Exhibit
"A" is in fact annexed to the City of Yorkville. Said fee shall be collected
at the annexation stage by the City of Yorkville and remitted promptly to
THOMAS D. HUGHES and EDITH J. HUGHES, or their designated successor,
agent or representative.
The City of Yorkville has made a determination of the approximate
area to be benefitted by said improvement and the exhibit attached hereto
as Exhibit "A" is incorporated herein by reference as though set forth in
full.
-2-
Said THOMAS D. HUGHES and EDITH J. HUGHES have certified to
the United City of the Village of Yorkville that the actual funds stated above
have been advanced for said improvement.
This resolution was duly and regularly introduced and passed at a
regular meeting of the United City of the Village of Yorkville, Kendall County,
Illinois on the ��- day of 0 1992.
K N H KI T JR., or
ATTEST: �e ///
SHERYL ALBIN Cit y Clerk
-3-