O-642-89 11/27/89HHERMES SEWER AND WATER RECAPTURE
ORDINANCE NO.
WHEREAS, WILLIAM OLSICK, LILLIAN OLSICK, PETER MELONAS and
VICKI L. MELONAS d /b /a TERRA PARTNERSHIP (hereinafter sometimes
referred to as "TERRA "), owns several residential lots on Hermes
Street located in the VILLAGE OF LEMONT (hereinafter sometimes
referred to as "VILLAGE "); and
WHEREAS, TERRA has developed and is now developing the land
for the construction of single family homes; and
WHEREAS, TERRA'S land was not served by a sanitary sewer or a
water system and TERRA was requested by the VILLAGE to provide a
municipal sanitary sewer and water; and
WHEREAS, VILLAGE determined, upon advice and recommendation of
its village engineers (hereinafter sometimes referred to as
"VILLAGE ENGINEERS ") that it was in the best interest of the
community that any sanitary sewer and water system be designed,
constructed and routed in such manner as to be capable of serving a
larger area of land, which presently lies within the VILLAGE
limits; and
WHEREAS, TERRA offered to construct such a sanitary sewer and
water system (hereinafter sometimes referred to as the "TERRA
EXTENSION ") upon the understanding that VILLAGE would provide by
appropriate 'ordinance and related procedures for developer to
recapture an equitable portion of the cost thereof from other lands
to benefit therefrom; and
WHEREAS, the construction of the TERRA EXTENSION has been
fully completed by TERRA at his own expense.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
President and Board of Trustees of the Village of Lemont, County of
Cook, Illinois, that:
Section 1. The TERRA EXTENSIONS heretofore completed by TERRA
are hereby approved and accepted, being substantially in accordance
with the plans and specifications heretofore approved by the
village engineer.
Section 2. The entire cost of construction of the TERRA
EXTENSION (including, without limitation, all legal and
engineering fees and expenses), has been determined by VILLAGE.
Section 3. In order to effect a fair and equitable allocation
of the entire cost of the TERRA EXTENSION between TERRA and others
who might be benefitted in the future, it is hereby determined that
TERRA shall be entitled to recover the aggregate principal sum of
$23,555.00 for sanitary sewers and $36,796.00 for watermains and in
addition the percentage increase in the "Engineers News Record,
Construction Cost Index," with a Base of January 1, 1988, from the
person or persons from time to time owning property within the
sewer and watermain benefit area identified on the shaded areas on
the maps attached hereto as Exhibit "A" and "B" and made a part
hereof, but only from the proceeds of recapture fees collected from
time to time as hereinafter provided.
Section 4. Before the recapture area, or any part thereof,
shall be connected directly of indirectly, to the TERRA EXTENSION,
the applicant for such connection shall pay to the village
treasurer the following prescribed recapture fee for each lot to be
connected for the use, benefit and purpose hereinafter specified,
together with the following prescribed "Engineers Index ".
Watermain Recapture
Fee Per Square Foot
39.4 Cents Per
Square Foot
Sewer Recapture Percentage Increases
Fee Per Square Foot In Engineers Index
20.6 Cents Per January 1, 1988
Square Foot (Base Year)
The village treasurer shall pay over to TERRA all recapture
fee charges upon receipt thereof until TERRA shall have recovered
the aggregate sum of TWENTY -THREE THOUSAND FIVE HUNDRED FIFTY FIVE
and 00 /100 DOLLARS ($23,555.00) in sewer recapture fees and THIRTY -
SIX THOUSAND SEVEN HUNDRED NINETY SIX and 00 /100 DOLLARS
($36,796.00) for the watermain recapture fees, together with
adjustments by the Engineers Cost Index and thereafter received by
the village treasurer shall be deposited to the Water and Sewer
Fund of VILLAGE for the uses and purposes appropriate thereto.
Section 5. The proper officers of the VILLAGE shall make all
reasonable efforts to make the aforesaid collections of Sewer
Recapture Fee but shall not be obligated to bring any suit to
enforce the collection of same nor shall the VILLAGE or any of its
officials be liable in any manner for failure to make such
collections.
3.
Pa
Section 6. Nothing herein shall limit or in any way affect
the rights of the VILLAGE to collect other fees and charges
pursuant to VILLAGE ordinance, resolutions, motions or policies
including, but not limited to, sewer and water connection charges,
as the recapture fees provided for herein are in addition to such
other VILLAGE fees and. charges.
Section 7. TERRA had approved this ordinance as being in
conformity with the undertaking between itself and VILLAGE relating
to the construction of said sewer system and releases the VILLAGE
of any right to reimbursement in connection thereto.
Section 8. This Ordinance constitutes a contract between
TERRA and the VILLAGE and may not be amended by such parties from
time to time without the consent of any other person owning land in
the area to be served or paying connection fees after the date of
the enactment hereof.
Section 9. If any provisions of this Ordinance, or the
application of such provision to any person or circumstances, shall
be held invalid, the remainder of this Ordinance, or the
application of such provision to persons or circumstances other
than those as to which is held invalid, shall not be affected.
Section 10. All ordinances or parts of ordinances in conflict
with this Ordinance is hereby repealed.
S/.
Section 11. This Ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form.
Ayes:
Passed this '"A-.7 day of 1988.
Nays:
Approved this c" day of
Absent:
VJ a•P '
1988.
ent
Presi ,
Lemont, County of Cook
Attested and filed in my office this .0 7
, 1988.
Accept d y:
WILLIAM OLSICK
PETE MELONAS
S,
I
ge of
day of
Village Clerk, Village of
Lemont, County of Cook
t
r/ LILLIAN OLSICK
VICKI L. MELONAS
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