Ordinance 2000-11 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
R-3/23/00
ORDINANCE NO. 2000�
AN 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 WITHIN THE
UNITED CITY OF YORKVILLE
WHEREAS, the UNITED CITY OF YORKVILLE currently continues to experience a
substantial increase in population,together with the need to cooperate with the local school
districts affected by student enrollment generated from said development and in meeting the
demand for quality educational services to the students of said districts, and
WHEREAS,the UNITED CITY OF YORKVILLE has thoroughly reviewed the need for
expanding the basis of funding of said school services for financing a portion of the cost of
education in the first year of construction of residential dwelling units,prior to said units being
assessed as a completed residence for real estate tax purposes, and prior to any new students
generated by said units being including in the formula for disbursement of monies by the state;
and
WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the costs to
be incurred by local School Districts to provide for the expansion of said educational services
with the Regional Superintendent of Schools and finding that said costs exceed $3,800 per
student generated by new residential development in the quoted School Districts; and
WHEREAS,the City has determined that the following fee bears a rational relationship
to the costs anticipated to be increased by the local School Districts based upon the number of
school children estimated to be generated by a residential dwelling unit constructed in our city
as set out in the latest projections issued by the Illinois Department of Education;
NOW THEREFORE,IT IS HEREBY ENACTED that the following fee for School
Transition Fees, which shall provide for the current level and quality of educational service be
maintained by the City and local School Districts, and shall be incorporated into any Annexation
Agreement, Planned Unit Development Agreement, or Development Agreement executed with
any developer/owner based upon the following fee schedule:
SECTION 1: AMOUNT
A. $1,500.00 per residential dwelling unit payable prior to being issued a building
permit by the UNITED CITY OF YORKVILLE for each residential unit.
SECTION 2: USE OF FINDS
A. The Transition Fees paid to the affected School Districts shall be used solely in
the Educational fund by said School District.
SECTION 3: PAYMENT
A. All of said funds shall be paid by any building permit applicant to the proper
School District who shall issue a receipt which must be presented at the time a
building permit is issued by the City
B. The City reserves the right at its discretion to require any building permit
applicant to pay said funds to the City Treasurer who shall transfer funds within
sixty(60) days of the receipt thereof to proper School District,
SECTION 4: REAL PROPERTY AFFECTED
A. Residential Dwelling Unit. Any residential dwelling unit platted after the
effective date of the original Ordinance assessing a school transition fee as now
modified by this Ordinance,whether single-family, duplex,multi-family, shall be
required to pay the above-referenced fees set out in Section I of this Ordinance.
The imposition of said fee shall be made directly to the affected School District
on any real property so annexed, or if previously annexed only within and based
upon a written Planned Unit Development Agreement, Development Agreement,
or Annexation Agreement executed between the City and the Property Owner, or
applicable Developer.
B. For the purposes of this Ordinance, a residential dwelling shall be defined as each
individual single-family home, each individual unit of a duplex, and each
individual unit of any multi-family structure..
C. Any lot zoned for business, office, or manufacturing shall be exempt from the
terms of this ordinance.
D. No lot platted prior to the effective date of this Ordinance shall be encumbered by
the terms of this Ordinance unless it is the subject of a Planned Unit Development
Agreement of Development Agreement.
SECTION 5:
The City shall require an annual report from each School District that has received Transition
Fees as a result of this Ordinance. Said report shall be due on or about January 1 st of each
calendar year.
SECTION 6:
A. The City shall require each School District whose boundaries currently fall within
the said Corporate Limits with the annexation of any parcel of land to pass a
resolution similar to that in Exhibit A of this Ordinance supporting and agreeing
to uphold this Ordinance. Said Resolution shall also agree to hold harmless and
defend the UNITED CITY OF YORKVILLE for the imposition of said Transition
Fees on behalf of said School District.
B. Failure of any School District to pass said resolution shall relieve the City of any
responsibility to impose said Transition Fees as part of any Annexation, Planned
Unit Development or Development Agreement located within that School
District.
SECTION 7:
That this Ordinance and every provision thereof shall be considered severable, and the
invalidity of any section, clause, paragraph, sentence, or provision of this Ordinance shall not
affect the validity of any other portion of this Ordinance.
SECTION 8:
That all Ordinances or parts of Ordinances conflicting with any provisions of this
Ordinance are hereby repealed.
THIS ORDINANCE SHALL BECOME effective upon its passage.
If any part of this Ordinance is found invalid the entire existing portion shall remain
valid.
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
AP OVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this o-3 ay of w 1�� , A.D. 20D.
MAYOR
P SSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 20
Attest:
CITY CLERk/
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF EDUCATION OF
THE YO MLLE COMMUNITY UNIT SCHOOL DISC tT #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 cxpcnse; 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 Amended Ordinance of THE UNITED CITY OF YORKVILLE Ordinance # 2000-
11 and to abide by its terms; and
NOW,THEREFORE,BE IT RESOLVED by the Yorkville Community Unit School District
4115 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 #2000-
11
2. That the Yorkville Community Unit School District #115 shall collect said monies
pursuant to the Yorkville Ordinance#2000- 11 , and issue receipts to those
Builders, Property Owners, or Developers paying the fees.
f
3. That it shall be the responsibility of the School District to collect and distribute the
funds pursuant to the Amended Ordinance #2000- 11 of THE UNITED
CITY OF YORKVILLE.
4. That the Yorkville Community Unit School District#115 shall and does release the
CITY OF YORKVILLE from any responsibility to defend any legal 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 8th day of May 52000.
AYES BOARD OF EDUCATION OF YORKVILLE
Mrs. Engelhardt COMMUNITY UNIT SCH L DISTRICT #115
Mr. Gengler 1 `�
Mrs. Groesch
BY:
Mrs. Holmgren �' President
Mr. Houle
Mrs. Reaves BY: i, ,� 1� �,� ��lC��
rIr. Mikus Sccretury
NAYS
None
ABSENT
None
2
STATE OF ILLINOIS )
COPY
COUNTY OF KENDALL )
RES OLU-TION 00-
A RESOLUTION TO COLLECT AND DISTRIBUTE TRANSITION
FEES COLLECTED BY THE UNITED CITY OF YORKVILLE
FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS
WHEREAS, THE UNITED CITY OF YORKVILLE has enacted an Ordinance
amendin(2 its school transition fee Ordinance, and
WHEREAS, The ordinance was enacted to help offset the impact of new development
on local school districts; and
)NMEREAS, said school districts are affected by student enrollment generated from said
development; and
WHEREAS, it is in the Plano Community Unit School District 488's best interest to
accept the amended ordinance and to abide by its terms; and
WHERE AS, said ordinance was enacted in the best interests of the Plano Community
Unit School District 488.
NOW THEREFORE, be it Resolved by the Plano Community Unit School District 488;
1. That the School Board and District accept and ratify the Yorkville AMENDED
TR.�NSITION FEE ORDIN.-NvCE.
2. That the Plano Community Unit School District 488 shall collect said monies
pursuant to the Yorkville Amended Transition Fee Ordinance, and issue receipts to those paying
the fees.
3. That it shall be the School Districts responsibility to collect and distribute the
funds pursuant to the Amended Transition Fee Ordinance.
4. That the Plano School District and its Board shall and does release the UNITED
CITY OF YORKVILLE from any responsibiliry to defend any legal action or claim 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.
Passed and Approved this A�11 day of 12000.
PLANO COyLvIUN-ITY UNIT SCHOOL DISTRICT =r88 SCHOOL BOARD
Attest:
\-&P, 1�
Secret President