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Home My WebLink AboutORDINANCE - 2297 - 4/13/1993 - SANITARY SEWER SYSTEMORDINANCE NO. 2297 AN ORDINANCE PRORATING THE COST OP CONSTRUCTION OF A SANITARY SEWER SYSTEM FOR PROPERTIES LOCATED IN THE AREA BOUNDED BY BIESTERFIELD ROAD ON THE NORTH, NERGE ROAD ON THE SOUTH, MEACHAM ROAD ON THE WEST, AND HOME AVENUE (extended) ON THE EAST WHEREAS, Hamilton Partners Retail Division #1, Inc., an Illi- nois Corporation, has heretofore constructed a sanitary sewer Sys- tem to service the area bounded by Biesterfield Road on the North, Nerge Road on the South, Meacham Road on the West, and Home Avenue (extended) on the East (the "Benefitted Area"); and WHEREAS, said sanitary sewer system has been connected to and is a part of the sanitary sewer system of the village of Elk Grove Village (the "Village"); and WHEREAS, Hamilton Partners Retail Division #1, Inc., has paid for the initial cost of said system, including all construction costs, survey costs, legal costs, engineering fees, and other fees in connection therewith, totalling $420,573.00, all as further identified on the Off -Site Sewer Development Schedule attached here- to as Exhibit 'A'; and WHEREAS, that the system will be for the benefit of Hamilton Partners as well as for the benefit of those parties owning pro- perty in the Benefitted Area, said parties identified hereafter and set forth on Exhibit 'B' attached hereto; and WHEREAS, the Village will reimburse Hamilton Partners for that portion of the total cost representing property which is not yet connected to said system in the amounts and according to such proportionate shares as set forth hereafter, except as to any pro- portionate amounts attributed to any owner, which owner has here- tofore made direct payment to Hamilton prior to the adoption of this Ordinance; and WHEREAS, said reimbursement by the Village to Hamilton Part - hers shall be made by the rebating of sales tax revenue received by the Village from the Hamilton Partners/Wal-Mart property within thirty (30) days of the receipt thereof by the Village; and WHEREAS, the owners of any property for which payment has been made by the Village shall reimburse the Village for their proportionate cost plus interest in such manner and at such time as provided hereinafter. NOW, THEREFORE, HE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the above Preamble provisions of this Ordi- nance are hereby included in the provisions of this Ordinance as if fully set forth in this Section. Section 2: That all parcels of land bounded by Biestcr£ield Road on the North, Nerge Road on the South, Meacham Road on the -2- West, and Home Avenue (extended) on the East will benefit from the construction of said sanitary sewer system with regard to the afore- mentioned. Those parcels are further identified and described on the Off -Site Development Land Ownership Breakdown Schedule attached hereto as Exhibit 'B', and the Sewer Service Area Map attached hereto as Exhibit 'C'. Section 3: That the cost of connecting to the sanitary sewer system for the parcels benefitting therefrom shall be in accordance with the following schedule, which represents the calculated bene- fit to each parcel exclusive of interest costs: OWNERS PARCEL SIZE PROPORTION COST NAME (Acres) M Schriener 18,1948 26.46637 $111,310. Dixon 12.2285 17.78764 $ 74,810. Degidio/Ruggieri/ 3.3780 4.91367 $ 20,666. Lampigano Walshin 1.5143 2.20267 $ 9,264. E1 Bethel 2.8656 4.16831 $ 17,531. Lee 0.3527 0.51298 $ 2,157. Sunset Manor 5.5654 8.09549 $ 34,047. Subdivision Hamilton/Wal-Mart 24.6478 35.85290 $150,788. TOTAL 68.7469 100.00000 $420,573. The payment hereinabove specified, plus interest accruing thereon at a rate equal to the prime rate being charged by the First Na- tional Bank of Chicago, plus 2%, per annum, from May 1, 1993 to date of payment thereof, shall be paid to the Village as a connection fee in addition to the building sewer connection fee. -3- Said payment shall be made upon the issuance of a future construc- tion permit or upon connection to the Village sewer system, which- ever first occurs. Portions of land parcels herein identified legally divided for development will be assessed costs on a prorata basis. Section 4: That no person, firm or corporation, being the owner or interested in, or any contractor, agent or representative of such person, firm or corporation interested in the above des- cribed properties, shall connect to or obtain sanitary sewer ser- vice from said sanitary sewer system without first having obtained a permit from the village of Elk Grove village to make such connec- tion. No such permit shall be issued unless the applicant shall first pay to the Village of Elk Grove Village a sum equal to the amount payable for such applicant's property or legally divided portion thereof as hereinbefore set forth in Section 3 hereof. Such charge in the amount so paid shall entitle such owner to con- nect to said sanitary sewer system and shall be in addition to the usual charges payable to the Village for making sewer line connections. Such payment shall not release the property or owners from the payment of the established fees chargeable by the Village for sewer services rendered. Nothing contained herein shall re- quire the owners of the parcels enumerated in Section 2 to make any payment unless or until, they seek connection to the sanitary -4- sewer system, or prior to the issuance of a village Construction Permit. Section 5: That any person, firm or corporation violating the provisions of the Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. In the event of a connection made in violation of this Ordinance, the Village shall have the authority to remove such connection illegally made with the sanitary sewer system. Section 6: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication ac- cording to law. VOTE: AYES: 6 PASSED this 13th day of APPROVED this 13th day of ATTEST: Patricia S. Smith VILLAGE CLERK NAYS: 0 ABSENT: 0 April , 1993. April , 1993. APPROVED: Charles J. Zettek VILLAGE PRESIDENT PUBLISHED this 16th day of _ April 1993, in pamphlet form_ C1. -C EXHIBIT A Offsite Sewer Development Total Offsite Sanitary Expenses Original Changes Total Sanitary Sewer 8" DIP Sanitary Sewer $40,238 $40,238 8" PVC (SDR 26) $5,292 $5,292 6" DIP Forcemain $30,330 $30,330 48" Dia. Manhole $26,600 $26,600 Lift Station $175,000 $12,741 $187,741 Auger with 24" Casing $48,121 $48,121 Select Granular Backfill $5,369 $5,369 Connection to Existion Sewer $563 $563 Offsite Restoration $12,400 $12,400 Sanitary Change Orders Revise Rim Elevation Sanitary Manhole #15 $1,100 $1,100 Added boot for wet well $261 $261 Increase concrete thickness of wet well and valve vault top $120 $120 NI GAS Backfill charge $899 $899 Easement Legal Expenses $8,284 Regulatory and Governmental Permits $14,945 Engineering $9,379 Lift Station Telemetry - Kamp. Inc $11,900 Topographic and Survey $6,937 Utility - Commonwealth Edison $3,759 Chicago Title and Trust $300 Replace Fence in Easement Area $1,035 Landscaping $5,000 Total Expenses $420,573 EXHIBIT B Off -Site Sewer Development Land Ownership Breakdown Shreiner N -S length (1156.92 - 444.92 - 50) = 662 N -S length 266.72 E -W width (1225.38 + 21.85 - 50) = 1197.23 See Plat of Annexation -- total square footage Wal -mart Total square footage = 792,566.26 or 18.19 acres Dixon N -S length 444.92 Total square footage = 242,429.02 or 5.57 acres M/M Lee See Malloy prepared legal E -W width (1225.38 + 21.85 - 50) = 1197.23 Total square footage = 532.671.57 or 12.23 acres Degidio N -S length (80 + 98) = 178 Ruggieri E -W width (1225.38 + 21.85 - 420.57) Lampigano = 826.66 Total square footage = 147,145.48 or 3.38 acres Walshin N -S length (80 + 98) = 178 E -W width 420.57 - 50 = 370.57 Total square footage = 65,961 or 1.51 acres E1 Bethal N -S length 266.72 Church E -W width (518 - 50) = 468 Total square footage = 124,824.96 or 2.87 acres Hamilton/ See Plat of Annexation -- total square footage Wal -mart less Meacham/Nerge Right -of -Way (as above) = 1,073,656 or 24.65 acres Sunset N -S length (163.38 x 5) + 165.27 = 982.17 Manor E -W width 246.83 Total square footage = 242,429.02 or 5.57 acres M/M Lee See Malloy prepared legal plus -GAP (2,075 s.f.) Total square footage = 15,362 or .35 acres EMI (31-" C ori rrLG I,) 7 -He Vrl -A6E C1.l:�K`5 ��Fic+✓ WrDA