Ordinance 2014-20 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2014-20
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION
CONTROL ORDINANCE REGARDING PROCEDURES FOR THE
REDUCTION OF SUBDIVISION SECURITIES
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 13th day of May,2014
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on May 27, 2014.
Ordinance No. 2014-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION
CONTROL ORDINANCE REGARDING PROCEDURES FOR THE
REDUCTION OF SUBDIVISION SECURITIES
WHEREAS,the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State
of Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to Section 11-7-1 of the Yorkville Subdivision Control
Ordinance the Mayor and City Council (the "Corporate Authorities") may initiate
amendments to the Yorkville Subdivision Control Ordinance; and,
WHEREAS, the Corporate Authorities on January 28, 2014 authorized the filing of
amendments to the Yorkville Subdivision Control Ordinance regarding procedures for the
reduction of subdivision securities; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 9th
day of April, 2014, to consider the request to amend the Subdivision Control Ordinance and,
WHEREAS, the Plan Commission after the close of the hearing approved findings of
fact and made a recommendation to the Corporate Authorities that the proposed amendments
be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That the above recitals are incorporated and made a part of this
Ordinance.
Section 2: That Title 11, Chapter 5, Subsection 11-5-2F of the Yorkville City Code,
as amended,be and is hereby amended to read a follows:
"F. Reduction of Subdivision securities
Final acceptance, approval of land improvements and corresponding reduction or release of
Letters of Credit and/or Performance Bonds shall be as follows:
(1) The City Engineer shall issue a written recommendation including the basis for
approving, denying or modifying a request for reduction. The recommendation shall
include the amount of the reduction based upon the Engineer's estimate of probable
cost as adjusted by an inflation factor from the initial date of issuance of the Letter of
Credit or Performance Bond to the date of reduction. In order to calculate the
inflation factor, the Engineering News Record Construction Cost Index shall be used.
Ordinance No. 2014-o��
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The City engineer shall also determine the remaining amount of the Letter of Credit
and/or Performance Bond after the reduction.
(2) The City Engineer's written recommendation shall be forwarded to the City
Administrator for approval.
(3)Upon the City Administrator's concurrence with the City Engineer's
recommendation, the reduction shall be deemed approved or denied and the City
Engineer is authorized to issue a letter to implement the decision.
(4) In the event the City Administrator does not concur with the City Engineer's
recommendation, the Mayor shall have the final authority to approve or deny the City
Engineer's recommendation.
(5) A developer may appeal the decision of the City Administrator to the Mayor, who
shall review and make a final determination to affirm or reverse the City
Administrator's initial decision.
(6) The City Administrator or designee shall issue reports quarterly or more
frequently as deemed appropriate, to the Mayor and City Council that summarize
Letter of Credit and/or Performance Bond reduction requests that have been received
and actions taken pursuant to those requests."
Section 3: This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of h1C&CA 2014.
CI CLE
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
o?ol day of W y 2014.
MA
Ordinance No. 2014-o10
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