O-654-90 03/12/90•
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EMULSION SYSTEMS RECAPTURE
ORDINANCE NO. �Q S
WHEREAS, EMULSION SYSTEMS, INC. AND J. MARICH AND SONS, INC.,
(hereinafter sometimes referred to as "DEVELOPERS "), own certain
industrial property fronting on Chicago Joliet Road located in the
VILLAGE OF LEMONT (hereinafter sometimes referred to as "VILLAGE ");
and
WHEREAS, DEVELOPER'S land was not served by a sanitary sewer
and DEVELOPER was requested by the VILLAGE to provide a municipal
sanitary sewer; 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 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, DEVELOPER offered to construct such a sanitary sewer
system (hereinafter
sometimes referred to as the "EMULSION
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 EMULSION EXTENSION has been
fully completed by DEVELOPERS at their 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 EMULSION EXTENSION heretofore completed by
DEVELOPERS 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 EMULSION
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 EMULSION EXTENSION between DEVELOPERS and
others who might be benefitted in the future, it is hereby
determined that DEVELOPERS shall be entitled to recover sum of
$453.80 per acre allocated as follows: EMULSION SYSTEMS, INC.,
$441.30 per acre and J. MARICH AND SONS, INC., $12.50 per acre 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 benefit area identified on the shaded areas on the map
attached hereto as Exhibit "A" and made a part hereof, but only
from the proceeds of recapture fees collected from time to time as
hereinafter provided.
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Section 4. Before the recapture area, or any part thereof,
shall be connected directly of indirectly, to the EMULSION
EXTENSION, the applicant for such connection shall pay to the
village treasurer the following prescribed recapture fee for each
acre to be connected for the use, benefit and purpose hereinafter
specified, together with the following prescribed "Engineers
Index ".
Sewer Recapture
Fee Per Square Foot
$453.80 Per Acre
Percentage Increases
In Engineers Index
January 1, 1988
(Base Year)
The village treasurer shall pay over to DEVELOPERS all
recapture fee charges upon receipt thereof until DEVELOPERS shall
have recovered the aggregate sum of ONE HUNDRED SIXTEEN THOUSAND
ONE HUNDRED SEVENTY FOUR AND 24/100 DOLLARS ($116,174.24) in sewer
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.
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. The DEVELOPERS have 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
DEVELOPERS 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.
Passed this
Ayes: b
Approved this
day of , 1990.
Nays: L,/
l�-
day of
4111 A11111.e__
i11a•e • esiden , V'�� a�
Lemont, County of Cook
Absent:
1990.
Attested and filed in my office this
1990.
Accepted By:
EMULSION SYSTEMS, INC.
By:
✓iCQ"
day of
Village Clerk, Village of
Lemont, County of Cook
J. MARICH AND SONS, INC.
EXHIBIT
SEWER RECAPTURE AREA
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LEGEND
—2.C20 ACRE RECAPTURE AREA.
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MAY 2, 1990
MAR, 9, 1990
oc -r /2, /9 89
APRIL 12, 1989
IsR ANKPOAI T, IL.
22 -13- 302 -009
22 13- 302 -003
79 -19 216
FORT wALTON!MAC -. "L. aC.IALIMaVRO,. IL.
1 Joseph A. Schudt & Associates
1 19350 South Harlem Avenue. Frankfort. Illinois 60423
Cn.ni Enoonne, T08 Snt.erot• ',Og Lend Planners
Phone t44 770 -1000 FAX Il.I7 720 -106S