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Ordinance 2002-04 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE 2002- b1A THE UNITED CITY OF YORKVILLE SCHOOL TRANSITION FEE ORDINANCE AND AMENDMENT TO UNITED CITY OF YORKVILLE EXISTING SCHOOL TRANSITION FEE ORDINANCE a o Q 0-1 1 WHEREAS, the Yorkville Community School District#115 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 residential growth, particularly residential does and will have an immediate impact on Yorkville Community Unit School District#115; and WHEREAS, through meetings, documentation, and an assessment completed by the School District it has been determined that the District will not have sufficient classroom space available for future growth in the student population, and further the Yorkville 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 Yorkville School District; and WHEREAS, the most substantial portion of the District lies within the municipal limits of the United City of Yorkville: 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: y 1. That the School Transition Fee previously charged at the rate of$1,500.00 per residential dwelling unit pursuant to Ordinance No. VV4,3-a%A 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. a000 -I\ for the Collection of School 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 Yorkville Community Unit School District#115 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 o{b , day of , 2002. MIKE ANDERSON JOSEPH BESCO I_ VALERIE BURD l/ PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of A.D. 2002. MAYOR PASSED by the City Co ncil of the United City of Yorkville, Kendall County, Illinois this Day of V t.r , A.D. 2002. Attest: CIT CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 EXHIBIT A SCHOOL TRANSITION FEE TABLE Data/Assumptions for School Transition Fees: A-1. Approximately 80% of new students move in the District before November 1 of the school year A-2. District cost for these students are approximately 75% of the Operating Expenditure Per Pupil B-1. Approximately 20% of the students move in the District after November 1 of the school year B-2. District cost for these students are approximately 50% of the Operating Expenditure Per Pupil C. First installment for the property tax for the portion of the year the new property is on the tax roll is collected on the June and September of the following year. The funds collected from the new property tax are available for use during the next fiscal year, leaving the burden of the cost of new students on the school district D. Operating Expenditure Per Pupil, as per the School Report Card = $6731 E. Every new dwelling generates approximately an average of 0.9 student Calculation of the School Transition Fees: Data/Assumptions A 80% Data/Assumptions D $ 6,731 Data/Assumptions A-2 75% Data/Assumptions E 0.90 Cost $ 3,635 Data/Assumptions B 20% Data/Assum tions D $ 6,731 Data/Assumptions B-2 50% Data/Assumptions E 0.90 Cost $ 606 Averse District Cost/impact from a new Dwelling $ 4,241 Proposed Transition Fee: $ 31000 RESOLUTION NO. A RESOLUTION OF THE BOARD OF EDUCATION OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 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 Yorkville Community Unit School District #115 to accept the Ordinance of THE UNITED CITY OF YORKVILLE Ordinance#2002-04 and to abide by its terms; and NOW, THEREFORE, BE IT RESOLVED by the Yorkville Community Unit School District#115 as follows: 1. That the Yorkville Community Unit School District#115 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 #2002-04. 2. That the Yorkville Community Unit School District 4115 shall collect said monies pursuant to the Yorkville Ordinance#2002-04, 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#2002-04 of THE UNITED CITY OF YORKVILLE. 4. That the Yorkville Community Unit School District#115 shall and does release the UNITED CITY OF YORKVILLE from any responsibility to defend any legal Page 1 of 2 worddoc.dep utyclerk.schoolbo ardresolution ,�• r. 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 2 71-h day of October, 2003 nunc pro tunc to March 26, 2002. AYES BOARD OF EDUCATION OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 Mr_ Gengler Mrs. Burks, Mr. Crouch BY: e ident Mr. Dockstader Mr. Fahey BY: Secretary Mr. Fisher Dr. Brenart NAYS NnnP ABSENT None Page 2 of 2 worddoc.dep utyclerk.school boardresolution