O-666-90 05/29/90• ORDINANCE NO. 66 6
BELL OAK DEVELOPMENT RECAPTURE
WHEREAS, BELL OAK DEVELOPMENT CORPORATION, (hereinafter
sometimes referred to as "DEVELOPER "), own certain residential property fronting on
Short Street and East Street located in the VILLAGE OF LEMONT (hereinafter sometimes
referred to as "VILLAGE "); and
WHEREAS, DEVELOPER'S land was not served by sanitary sewer or water and
the DEVELOPER was requested by the VILLAGE to provide a municipal sanitary sewer
and water; and
WHEREAS, the 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 mains 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, the DEVELOPER offered to construct such a sanitary sewer system and
water mains (hereinafter sometimes referred to as "BELL OAK EXTENSION") upon the
understanding that the VILLAGE would provide by appropriate ordinance and related
procedures for the DEVELOPER to recapture an equitable portion of the cost thereof
from other lands to benefit therefrom; and
WHEREAS, the construction of the BELL OAK EXTENSION has been fully
completed by the DEVELOPER 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 BELL OAK EXTENSION heretofore completed by the DEVELOPER
is 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 BELL OAK 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
BELL OAK EXTENSION between the DEVELOPER and others who might be benefitted
in the future, it is hereby determined that the DEVELOPER shall be entitled to recover
sum of FIFTY TWO THOUSAND FOUR HUNDRED EIGHTY AND 00 /100 DOLLARS
($52,480.00) allocated among person or persons from time to time owning property within
the sewer and water benefit area identified on the shaded areas on the map attached hereto
as Exhibit "A" and made a part hereof, based upon the following formula:
LOT FRONTAGE x TOTAL COST
SERVICE LENGTH
EXAMPLE: 181 X $52,480 = $12,853.69
739
Section 4. Before the recapture area, or any part thereof, shall be connected directly
or indirectly to the BELL OAK EXTENSION, the applicant for such connection shall pay
to the Village Treasurer the prescribed recapture fee for each lot to be connected for the
use, benefit, and purpose hereinafter specified.
The Village Treasurer shall pay over to the DEVELOPER all recapture fee charges
upon receipt thereof until the DEVELOPER has recovered the aggregate sum of FIFTY
TWO THOUSAND FOUR HUNDRED EIGHTY AND 00 /100 DOLLARS ($52,480.00) in
sewer and water recapture fees.
•
•
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.
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 ordinances, 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. The DEVELOPER has approved this Ordinance as being in conformity
with the undertaking between itself and the VILLAGE relating to the construction of said
sewer and water system and releases the VILLAGE of any right to reimbursement in
connection thereto.
Section 8. This Ordinance constitutes a contract between the DEVELOPER 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.
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
5-
Nays:
Approved this 4`% day of 2riky.-,
Absent:
, 1990.
V4jtage P esident, Village
Lemont, County of Cook
Attested and filed in my office this day of
Accepted By:
BELL OAK DEVELOPMENT CORPORATION
By:
President
• B: \ORDINANC \BELL.OAK:PAP
, 1990.
4.1-1/_d
Village Clerk, Village of
Lemont, County of Cook
s' i
•0 .1A
7/
7/
t4
97
LOGAN
,!o
'Jo
jam.../
44.2
.3.5_002
i
Jr-of ...3
/.S
�o -,o-(
"H"
33 -oo4f
8
i
-�3- 'o7
.11 O -0o7
K
19 -.oe
'
to
y 4S -a /Z
/3e
ea
.t d -0.13
..P S - 0i1
/JO yJ /1.0 _ �� N0 J
a 11 -'ze
k 18 -021
SHORT
-.o/
f/2 - e./ •70 R.
fs •.
1 L 3 5
_ �1 sl •'
-0i:
/1l /.
5-05 $
.or J.
■
$ N
0e3 !v ,!' -0 /t
a
L /NTZ
/5
• -OZS «
.0
L /NTZ ST. S.
-0',
M.. -eo6
.7 io
"3-f
50
L1
-�
-1
�' ��-- -1
1 . . I : 1
! S. I.