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Ordinance 2000-12 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) AN ORDINANCE AMENDING AND CLARIFYING ORDINANCE NO. 2000-8 ORDINANCE AMENDING THE UNITED CITY OF YORKVILLE MUNICIPAL CODE, ADDING"WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNA"AND, FOR PERMITTED LOCATIONS USES, ACCESSORY USES AND CONDITIONAL USES; PERMITS AND LEASE AGREEMENTS, AND SEVERABILITY WHEREAS, THE UNITED CITY OF YORKVILLE has enacted and Ordinance Amending THE UNITED CITY OF YORKVILLE Municipal Code, Adding"Wireless Telecommunications Towers and Antenna" and; Providing for Permitted Locations, Uses, Accessory Uses and Conditional Uses; Permits and Lease Agreements; and Severability which was passed on March 23, 2000 and enacted as Ordinance No. 2000-8; and WHEREAS, the City upon further review of said Ordinance has determined that it is desirous of amending certain provisions of that Ordinance with respect to the payment of fees; and WHEREAS, paragraph"T" of said Ordinance originally provided that an Owner and/or Operator of an antenna, antenna structure or tower shall be required annually to pay the sum of Three Hundred Fifty Dollars ($350.00) on an annual administrative fee due January l; and WHEREAS, the City has determined through a review of its procedural process for the inspection and administrative cost of said facilities to have charges less than that originally anticipated; and WHEREAS, the City is desirous of providing for certain fees to be paid in the event owners or operators of said facilities do not provide private inspection reports to the City on an annual basis: NOW THEREFORE BE IT ORDAINED by THE UNITED CITY OF YORKVILLE through its City Council that it does in fact amend the Ordinance passed as Ordinance 2000-8 on March 23, 2000, to provide that the Administrative Fees charged under Section"T"of said Ordinance shall be amended and repealed and the new fee structure shall read as follows: T. 1. The annual Administration Fee payable to THE UNITED CITY OF YORKVILLE by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of Thirty-five dollars ($35.00)which shall be due on or before January 10 of each calender year commencing with calender year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the City under the terms of this Ordinance, the owner and/or operator shall reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said inspection which shall be a minimum of Three Hundred Fifty Dollars ($350.00) and any additional cost incurred therein. SEVERABILITY: 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. REPEALER: Any Ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE: This Ordinance shall be in full force and effect 15 days from and after its passage and approval by the Mayor and City Council. IN WITNESS WHEREOF, this Ordinance has been enacted this )3 day of ,2000. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON 4144 VALERIE BURD ROSE SPEARS LARRY KOT `yr THOMAS SOWINSKI ?APPROVED by me, Mayor of the United City of Yorkville, Kendall County, Illinois, this day of !' , A.D. 2000. ARTHUR F. PROCHASKA, JR., MA R PASSED by the Ci Council of the United City of Yorkville, Kendall County, Illinois this i�day of , A.D. 2000. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500