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Ordinance 2003-66 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE 2003-_kp� ORDINANCE AMENDING UNITED CITY OF YORKVILLE EXISTING SCHOOL TRANSITION FEE ORDINANCE FOR PLANO COMMUNITY UNIT SCHOOL DISTRICT#88 WHEREAS, the Plano Community Unit School District#88 has experienced periods of substantial residential growth and anticipates that it will experience a period of substantial residential growth in the future based on current annexations of residential developments; and WHEREAS, the United City of Yorkville has recognized that growth,particularly residential does and will have an immediate impact on Plano Community Unit School District #88; and WHEREAS,through meetings, documentation, and an assessment completed by the Plano District 488 it has been determined that the District will not have sufficient classroom space available for future growth in the student population, and further the Plano School District will experience significant shortfalls in current education funding as well as other current funds necessary to provide day to day educational expenses without significant input being made from transition fees caused by the delay in receipt of real estate tax dollars from new development which is uniquely attributable to areas currently being annexed for residential purposes to the City and Plano School District; and WHEREAS, certain properties being developed within the municipal limits of the United City of Yorkville are located within Plano Community Unit School District#88: WHEREAS, the School District believes that currently, new development in the City will create a need for new school buildings and/or expansion of current buildings, as well as staffing and supplies: NOW THEREFORE upon Motion duly made, seconded and approved by a majority of those members of the City Council so voting,be it enacted as follows: 1. That the Plano School Transition District#88 Fee previously charged at the rate of $1,500.00 per residential dwelling unit pursuant to Ordinance No-;Q t�is hereby amended and shall be charged at the rate of$3,000.00 per residential dwelling unit, commencing with any real property annexed, or subject of a Planned Unit Development Agreement or entered into between an owner or developer of said property and the United City of Yorkville after the date of enactment of this Ordinance amending the earlier School Transition Fee Ordinance. 2. That nothing contained herein shall in anyway modify, void, or in any fashion alter the previously existing Ordinance No.-a p• 1 for the Collection of Plano School District#88 Transition Fees except for the amount of School Transition Fees being assessed against property being annexed, subject to a Planned Unit Development Agreement, or subject to a Development Agreement approved and executed by the Owner or Developer of such real property and the United City of Yorkville after the enactment hereof. 3. That all indemnification provisions whereby the Plano Community Unit School District#88 has agreed to hold the City harmless and indemnify it from any liability as a result of the imposition of said funds shall in fact be continued in full effect. 4. This Ordinance shall be effective from the date of its passage and execution by the United City of Yorkville. IN WITNESS WHEREOF, this Ordinance has been enacted this i4 " day of 0(�o i,,,v, , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this IYV� day of A.D. 2003. —e M YOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this N k"' day of O;to to;,- , A.D. 2003. Attes . I CLE This Document Prepared by: Law'Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 3 RESOLUTION NO. 04-52 A RESOLUTION OF THE BOARD OF EDUCATION OF THE PLANO COMMUNITY UNIT SCHOOL DISTRICT 988 TO COLLECT AND DISTRIBUTE TRANSITION FEES AND TO APPROVE THE ORDINANCE OF THE UNITED CITY OF YORKVILLE ADOPTED FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS WHEREAS, THE UNITED CITY OF YORKVILLE has enacted an Ordinance amending its School Transition Fee Ordinance; and WHEREAS,the Ordinance was enacted to help offset the impact of new development on local school districts for current educational funds expense; and WHEREAS, said school districts are affected by student enrollment generated from said residential developments; and WHEREAS, it is in the best interest of the Plano Community Unit School District 488 to accept the Ordinance of THE UNITED CITY OF YORKVILLE Ordinance#2003-66 and to abide by its terms; and NOW, THEREFORE, BE IT RESOLVED by the Plano Community Unit School District 488 as follows: 1. That the Plano Community Unit School District#88 hereby accepts and ratifies THE UNITED CITY OF YORKVILLE Ordinance Amending the Standards and Regulations for Payment of School Transition Fees upon Annexation and/or Execution of a Planned Unit Development or Development Agreement as to Real Property with THE UNITED CITY OF YORKVILLE, being Ordinance #2003-66. 2. That the Plano Community Unit School District#88 shall collect said monies pursuant to the Yorkville Ordinance #2003-66, and issue receipts to those Builders, Property Owners, or Developers paying the fees. 3. That it shall be the responsibility of the School District to collect and distribute the funds pursuant to Ordinance#2003-66 of THE UNITED CITY OF YORKVILLE. 4. That the Plano Community Unit School District#88 shall and does release the UNITED CITY OF YORKVILLE from any responsibility to defend any legal Page 1 of 2 worddoc.deputycl erk.schoolboardresolution action or claim brought against the City and agrees to hold the City harmless and defend the UNITED CITY OF YORKVILLE for imposition of the Transition Fees on behalf of the School District passing this Resolution on any fees collected after the date of enactment of this Resolution by the respective School District adopting the Resolution. THIS RESOLUTION is adopted the 17th day of November , 2003. AYES BOARD OF EDUCATION OF PLANO COMMUNITY UNIT SCHOOL DISTRICT#88 Karen DeBolt Scott Flynn Wallace Hamlin BY: OAAW-111, President Denise Helmers Jim Porter BY: �AUhA Secretary NAYS None ABSENT Tim Campbell Don Moody Page 2 of 2 worddoc.deputyclerk.schoolboardresol uti on