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Ordinance 2003-31 s STATE OF ILLINOIS ) May 30, 2003 )ss. COUNTY OF KENDALL ) ORDINANCE 2003 -3 AN ORDINANCE AMENDING ORDINANCE NO. 1990-24 AN ORDINANCE SETTING FORTH THE STANDARDS AND REGULATION FOR PAYMENT FOR DEVELOPMENT AND EXTENSION OF UTILITY COSTS UPON ANNEXATION AND/OR PLANNED UNIT DEVELOPMENT WHEREAS,the UNITED CITY OF YORKVILLE is currently experiencing a substantial increase in population, together with the need to expand existing municipal services to provide for orderly growth and adequate municipal services; and WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the need for expanding municipal services and the need for capital purchases and conducted a study to support increases in the fees provided herein; and WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the cost to be incurred to provide for the expansion of said City services; and WHEREAS, the City has determined that the following fees bear a rational relationship to the costs anticipated to be incurred by the various governmental entities and departments of the City to be affected; and —1— WHEREAS, the UNITED CITY OF YORKVILLE has previously enacted Ordinance No: 1990-24 which set standards and regulations for payment of the extension and development of capital costs for utility and governmental purposes; and WHEREAS, one component of that Ordinance was to collect the sum of One Hundred Fifty&00/00 dollars ($150.00) for the acquisition of equipment and vehicles, maintenance of the Police Force, and for other capital purchases of said UNITED CITY OF YORKVILLE Police Department; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the UNITED CITY OF YORKVILLE Police Department to increase the amount of said fees to the sum of Three Hundred& 00/00 Dollars ($300.00)per residential dwelling unit, and to institute the sum of 3.5 cents per square foot of any business, office, or manufacturing structure at a minimum charge of Three Hundred & 00/100 Dollars ($300.00)per building at the time a building permit is issued on any real property annexed, zoned and platted within the UNITED CITY OF YORKVILLE after the date of enactment of this Ordinance; and WHEREAS, one component of that Ordinance was to collect the sum of Four Hundred Fifty&00/00 dollars ($450.00) for the acquisition of equipment and vehicles, maintenance of the equipment, and for other capital purchases of said UNITED CITY OF YORKVILLE Public Works Department; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the UNITED CITY OF YORKVILLE Public Works Department to increase the amount of said fees to the sum of Seven Hundred &00/00 Dollars ($700.00)per residential dwelling unit, due at the time a building permit is issued on any real property annexed, zoned and platted within the UNITED —2— CITY OF YORKVILLE after the date of enactment of this Ordinance; and WHEREAS, one component of that Ordinance was to collect the sum of One Hundred Fifty&00/00 dollars ($150.00) for the acquisition of automation/technology equipment,books, audiocassettes, compact disks, magazines, and vehicles,maintenance of the equipment, and for other capital purchases of said UNITED CITY OF YORKVILLE Library; and WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the UNITED CITY OF YORKVILLE Library Board to increase the amount of said fees to the sum of Five Hundred& 00/00 Dollars ($500.00)per residential dwelling unit, due at the time a building permit is issued on any real property annexed, zoned and platted within the UNITED CITY OF YORKVILLE after the date of enactment of this Ordinance, Two Hundred Fifty& 00/00 Dollars ($250.00)to be used for the building and associated capital purchases and Two Hundred Fifty& 00/00 Dollars ($250.00) to be used for acquisition of automation/technology equipment,books, audiocassettes, compact disks, magazines, and vehicles, maintenance of the equipment, and for other capital purchases of said UNITED CITY OF YORKVILLE Library; and NOW THEREFORE, the UNITED CITY OF YORKVILLE, does upon Motion duly made, seconded and approved by a majority of those voting does hereby ORDAIN: 1. Ordinance 1990-24 is hereby amended to increase the Development Fee for the CITY OF YORKVILLE Police Department payable for residential dwelling units from One Hundred Fifty& 00/00 Dollars ($150.00) to Three Hundred& 00/00 Dollars($300.00)per residential dwelling for each unit annexed, zoned, and platted for residential development after the effective date of this Ordinance. 2. Ordinance 1990-24 is hereby amended to increase the Development Fee for the —3— CITY OF YORKVILLE Public Works Department for residential dwelling units from Four Hundred Fifty&00/00 Dollars ($450.00)to Seven Hundred& 00/00 Dollars ($700.00)per residential dwelling for each unit annexed, zoned, and platted for residential development after the effective date of this Ordinance. 3. Ordinance 1990-24 is hereby amended to increase the Development Fee for the CITY OF YORKVILLE Library Fund from One Hundred Fifty&00/00 Dollars ($150.00)to Five Hundred&00/00 Dollars ($500.00)per residential dwelling for each unit annexed, zoned, and platted for residential development after the effective date of this Ordinance. 4. That a new capital fee in the amount One Hundred and 00/00 Dollars ($100.00) per residential dwelling for each unit annexed, zoned, and platted for residential development after the effective date of this Ordinance for the UNITED CITY OF YORKVILLE ENGINEERING DEPARTMENT shall be enacted for the acquisition and maintenance of engineering equipment and other capital purchases. 5. That a new capital fee in the amount Fifty and 00/00 Dollars ($50.00)per residential dwelling for each unit annexed, zoned, and platted for residential development after the effective date of this Ordinance for the UNITED CITY OF YORKVILLE Parks and Recreation Department shall be enacted for the acquisition and maintenance of equipment and other capital purchases to maintain and service park facilities. 6. This Ordinance shall become effective upon its date of passage, and contingent —4— 1 upon receipt by the UNITED CITY OF YORKVILLE of a written agreement in the form satisfactory to the UNITED CITY OF YORKVILLE which holds the UNITED CITY OF YORKVILLE harmless, including it and agreeing to defend the UNITED CITY OF YORKVILLE of any claim made as a result of the imposition or collection of said fees. 7. That except to the extent of the modification of Ordinance 1990-24 as to residential dwelling unit contribution, all other terms and conditions of Ordinance 1990-24 is hereby ratified, approved and consented thereto. 8. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Ordinance shall not be affected thereby. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Alayor of the United City of Yorkville,Kendall County, Illinois, this day of Jung , A.D. 20g3 MAYOR —5— PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this ib'"1 day of J ,tit , A.D. 20 ca . Attest: - IT CLE Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 —6— 630.553.9500 -7-