2008-0396/02/2008
Vill
Image# 043537250007 Type: ORD
Recorded: 07/03/2008 at 10:28:14 AM
Receipt#: 2008 - 00035687
Total Amt: $32.00 Pape 1 of 7
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen vanderventer Recorder
File6366778
ORDINANCE NO. 2008- 39
AN ORDINANCE PROVIDING FOR THE RECOUPMENT OF
ADVANCES FOR CONSTRUCTION OF WATER MAIN AND
SANITARY SEWER ALONG MAIN STREET
WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois
municipal corporation (hereinafter sometimes referred to as "Village"), is a Home Rule Unit by
virtue of the Illinois Constitution of 1970; and,
WHEREAS, the Town of Vernon, an Illinois Township, is hereinafter sometimes referred
to as "Township'; and
WHEREAS, the Township has caused the construction of certain public improvements,
including but not by way of limitation, water main, sanitary sewer and related appurtenances
thereto (hereinafter referred to as the "Recapture Improvements ") in order to serve the Township
property commonly known as the Prairie View Metra Station; and
WHEREAS, the Village and the Township have agreed that inasmuch as the water main
and sanitary sewer will benefit neighboring properties not owned by the Township, that the
Township should recover a proportionate amount of the cost of construction of the Recapture
Improvements from the benefited owners; and,
WHEREAS, it was in the best interest of the Village that the Recapture Improvements be
constructed as a public improvement in order to provide a method for the orderly development of
the service area; and,
WHEREAS, it is equitable and fair that the owners of the benefited parcels share the
cost and expense for the Recapture Improvements on a proportionate basis; and,
WHEREAS, the "Benefited Parcels ", as shown on "Exhibit A" attached hereto and made
a part hereof, are legally described as follows:
PARCEL 1: LOT 1 IN BLOCK 1 IN A.G. MAETHERS SUBDIVISION, A
SUBDIVISION RECORDED JUNE 30, 1925, AS DOCUMENT NO. 260397, IN
LAKE COUNTY, ILLINOIS. PIN: 15 -16- 307 -004
PARCEL 2: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION
OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING ON THE WEST LINE OF THE DEPOT GROUNDS
280.50 FEET SOUTH OF THE NORTHWEST CORNER OF SAID DEPOT
GROUNDS; THENCE WEST 102 FEET; THENCE SOUTH 100 FEET;
THENCE EAST 141 FEET; THENCE NORTHERLY ALONG SAID DEPOT
GROUNDS 108 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS. PIN: 15 -16- 300 -017
PARCEL 3: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION
OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT
GROUNDS; THENCE WEST 215 FEET; THENCE NORTH 116 FEET;
THENCE EAST 217 FEET TO THE WEST LINE OF MAIN STREET; THENCE
SOUTHEAST ALONG THE WEST LINE OF MAIN STREET TO THE NORTH
LINE OF THE DEPOT GROUNDS; THENCE WEST 45 FEET TO THE POINT
OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN: 15 -16- 300 -008
PARCEL 4: THAT PART OF LOT 33 OF SCHOOL, TRUSTEES SUBDIVISION
OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT
GROUNDS; THENCE SOUTH 260 FEET; THENCE EAST 102 FEET TO THE
WEST LINE OF SAID DEPOT GROUNDS; THENCE NORTHERLY ALONG
SAID WEST LINE TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS. PIN NOS. 15 -16- 300 -009, 15 -16- 300 -011, 15- 16-300 -013, 15 -16-
300 -014, AND 15 -16- 300 -015
PARCEL 5: LOTS 2 THROUGH 5 INCLUSIVE IN BLOCK 1 IN A.G.
MAETHERS SUBDIVISION, A SUBDIVISION RECORDED JUNE 30, 1925, AS
DOCUMENT NO. 260397, AND THE EAST 72.50 FEET OF THE FOLLOWING
TRACT OF LAND: BEGINNING AT A POINT 205 FEET WEST AND 260 FEET
SOUTH OF THE NORTHWEST CORNER OF THE DEPOT GROUNDS;
THENCE EAST 145 FEET; THENCE NORTH 100 FEET; THENCE WEST 145
FEET; THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING OF THE
TRACT BEING DESCRIBED, ALL IN LAKE COUNTY, ILLINOIS. PIN NOS. 15-
16- 307 -001, 15 -16- 307 -002, 15- 16- 307 -003, 15 -16- 307 -005, AND 15- 16 -300-
027.
WHEREAS, the cost of the Sanitary Sewer Recapture Improvements is as follows:
CONTRACT ITEM
QUANTITY
U/M
UNIT
PRICE
EXTENSION
8" D.I. Sanitary Sewer
67
LF
$42.70
$2,860.90
8" PVC SDR 26 Sanitary Sewer
946
LF
$49.20
$46,543.20
4'-0" Diameter Manhole
5
EACH
$2,80D.00
$14,000.00
Directional Bore 8" Sanitary Sewer
142
LF
$225.00
$31,950.00
Trench Backfill
350
CY
$55.00
$19,250.00
Core, Install Boot, and Connect to Existing
Manhole
1
EACH
$800.00
$800.00
10" CMP Storm Sewer
14
LF
$50.00
$700.00
10" FES
2
EACH
$600.00
$1,200.00
Remove Ex. Storm Sewer
15
LF
$40.00
$600.00
Remove Ex. Bituminous Pavement
415
SY
$7.00
$2,905.00
Replace Bit. Pavement
415
SY
$49.50
$20,542.50
Remove Ex. Concrete Pavement
15
SY
$40.00
$600.00
Replace Concrete Pavement
15
SY
$195.00
$2,925.00
Remove Ex. Aggregate Drivewa
15
SY
$10.00
$150.00
Replace Aggregate Drivewa
15
SY
$20.00
$300.00
Remove Ex. Sidewalk
230
SF
$5.00
$1,150.00
Replace Sidewalk
230
SF
$15.00
$3,450.00
Remove Ex. Curb and Gutter
50
LF
$15.00
$750.00
Replace Curb and Gutter
50
LF 1
$55.00
$21750.00
Silt Fence
405
LF 1
$4.001
$1,620.00
Ground Restoration & Seeding
580
LF
$12.00
$6,960.00
Inlet Protection - Filter Fabric
3
EACH
$100.00
$300.00
Ditch Check
1
EACH
$150.00
$150.00
Tree Removal
1
EACH
$4,000.00
$4,000.00
Tree Protection Fence
55
LF
$5.00
$275.00
Remove & Reinstall Ex. Mailbox
1
EACH
$300.00
$300.00
Remove & Replace Retaining Wall
20
SF
$100.001
$2,000.00
Engineering Fees
1
ILS
$7,000.00
$7,000.00
Remove Ex. Bituminous Pavement
I
$7.00
$2,345.00
TOTAL
335
1
$49.50
1 $176,031.60
WHEREAS, the Township's benefit of the Sanitary Sewer Recapture Improvements has
been determined to be 16.67% or $29,338.60; and,
WHEREAS, it has been agreed that the amount to be recaptured ( "Recapture Amount ")
from the Benefited Parcels is as follows:
RECAPTURE
PARCEL PROPORTIONAL SHARE AMOUNT
1 20%
$ 29,338.60
2 20%
$ 29,338.60
3 20%
$ 29,338.60
4 20%
$ 29,338.60
5 20%
$ 29,338.60
Total Recapture Amount $146,693.00
WHEREAS, the cost of the Watermain Recapture Improvements is as follows:
CONTRACT CONSTRUCTION ITEM
QUANTITY
U/M
UNIT PRICE
EXTENSION
6" Ductile Iron Water Main
5
LF
$50.00
$250.00
8" Ductile Iron Water Main
675
LF
$55.00
$37,125.00
Trench Backfill
250
CY
$55.00
$13,750.00
8" Valve and Vault
2
EACH
$2,800.00
$5,600.00
Plug and Block 8" Water Main
1
EACH
$1,000.00
$1,000.00
Fire Hydrant with Auxiliary Valve
1
EACH
$3,200.00
$3,200.00
Dry Connection
1
EACH
$1,500.00
$1,500.00
Remove Ex. Bituminous Pavement
335S
$7.00
$2,345.00
Replace Bit. Pavement
335
SY
$49.50
$16,582.50
Ground Restoration & Seeding
50
SY
$12.00
$600.00
Inlet Protection - Filter Fabric
2
EACH
$100.00
$200.00
En ineerin Fees
1
LS
$7,000.00
$7,000.00
TOTAL
1 $89,152.50
3
WHEREAS, the Township's benefit of the Watermain Recapture Improvements has been
determined to be 25% or $22,288.14; and,
WHEREAS, it has been agreed that the amount to be recaptured ("Recapture Amount)
from the Benefited Parcels is as follows:
RECAPTURE
PARCEL PROPORTIONAL SHARE AMOUNT
2 33% $ 22,288.12
3 33% $ 22,288.12
4 33% $ 22.28B.12
Total Recapture Amount $ 66,664.36
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, in furtherance of its home rule authority, as follows:
Section 1: The hereinbefore stated whereas clauses are incorporated herein and made
a part hereof.
Section 2: No person, firm, corporation, or other entity as owner of, or party interested
in, or any contractor, agent, or other representatives of such owners or party interested in the
property set forth above, shall connect to, or tap onto, the Recapture Improvements described
without having first obtained a nermit from the Village. No permit shall be issued by the Village
unless the applicant shall pay the Recapture Amount assigned to the Benefited Parcel plus
interest at the rate of 6% per annum computed from the date of final acceptance of the
Recapture Improvements by the Village.
The first applicant for a permit from the Village for any Benefited Parcel shall pay the
total Recapture Amount for that Parcel in one lump sump. The Recapture Amount paid to the
Village shall be in addition to any other charges or fees due the Village or any other
governmental entity for water and sewer services including, but no by way of limitation, tap -on
fees, meter and sewer and water service charges.
Section 3: Funds received by the Village of Buffalo Grove as and for the Recapture
Amounts shall be remitted to Vernon Township less a five percent (5 %) collection charge which
shall be retained by the Village as the cost of collection. It is understood that any payments to
the Township shall be limited to the funds collected from the Benefited Parcels and payment
made hereunder shall be solely out of said funds. This Ordinance shall not be construed as
creating any obligation upon the Village to make payments from its general funds or revenue.
Section 4: The Village shall endeavor in good faith to enforce the provisions hereof and
to collect the Recapture Amount as established herein. It is understood that the Village shall not
be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce
the payment of the Recapture Amount. The Village's obligation is limited to the amount or
amounts actually collected pursuant to the provisions of this Ordinance.
Section 5: The Township shall indemnify, defend and save harmless the Village, its
officers, agents and employees, from any and all actions, claims or demands arising out of the
existenge, terms, administration, enforcement or attempted enforcement of any provision of this
Ordinance. The Township will hold the Village, its officers, agents and employees, free and
harmless from any costs, fees (including attorney's fees and expenses) or judgments which the
r•u,:;;,�i,.ium�. ::,.`. s+.:.�.�....._+a�s:.:;.W.ta.i. .,.e �:a:.+_�. �t..:.v—'.s.:.tis._.: rte; ._ r.,.... _....._ �_ .._..__�. . _ ... _... __ _. _.
Village, its officers, agents or employees may incur or become liable for pursuant to any such
action, claim or cause of action.
Section 6. In the event any part or portion of this Ordinance is held invalid or
unenforceable by a court of competent jurisdiction, the remaining portions hereof shall continue
in full force and effect
Section 7: Any person, firm, corporation or other entity being the owners of any parties
interested in any property herein above described or any contractor, agent or representative of
such person, firm or corporation making any connection with the Recapture Improvements
without first making application and paying the amounts required shall be subject to EMne of not
less than $50.00, no more than $500.00. The Village shall have the right to enter on the property
without notice or permission and remove all such connections so made in addition to all other
remedies in law or equity.
Section 8: The Recapture Improvements herein described are public improvements, title
to which shall be vested in the Village of Buffalo Grove and nothing herein contained shall vest
any proprietary rights in said improvements in any other person, firm, corporation or other entity.
Section 9: This Ordinance shall only be enforceable and in effect until June 16, 2023.
Section 10: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
AYES: 5 - Braiman, Glover, Berma, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 - Kahn
PASSED: June 16
2008
APPROVED: June 16 2008
PUBLISHED: June 17 2008
ATTEST:
M. .de,
Villag�`
APPROVED:
Village President
5
THIS DOCUMENT PREPARED BY:
William Raysa, Esq.
Raysa & Zimmermann, LLC.
22 South Washington Avenue
Park Ridge, IL 60068
G:IENGINEER1Ord & Res10rd06 -6 6_02_08.doc
RECORDER MAIL TO:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089 -2198
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"EXHIBIT All
BENEFITED PARCELS
" ,\9.6
S
Sw T
6/02/2008
ORDINANCE NO. 2008- 39
AN ORDINANCE PROVIDING FOR THE RECOUPMENT OF
ADVANCES FOR CONSTRUCTION OF WATER MAIN AND
SANITARY SEWER ALONG MAIN STREET
WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois
municipal corporation (hereinafter sometimes referred to as "Village"), is a Home Rule Unit by
virtue of the Illinois Constitution of 1970; and,
WHEREAS, the Town of Vernon, an Illinois Township, is hereinafter sometimes referred
to as "Township "; and
WHEREAS, the Township has caused the construction of certain public improvements,
including but not by way of limitation, water main, sanitary sewer and related appurtenances
thereto (hereinafter referred to as the "Recapture Improvements ") in order to serve the Township
property commonly known as the Prairie View Metra Station; and
WHEREAS, the Village and the Township have agreed that inasmuch as the water main
and sanitary sewer will benefit neighboring properties not owned by the Township, that the
Township should recover a proportionate amount of the cost of construction of the Recapture
Improvements from the benefited owners; and,
WHEREAS, it was in the best interest of the Village that the Recapture Improvements be
constructed as a public improvement in order to provide a method for the orderly development of
the service area; and,
WHEREAS, it is equitable and fair that the owners of the benefited parcels share the
cost and expense for the Recapture Improvements on a proportionate basis; and,
WHEREAS, the "Benefited Parcels ", as shown on "Exhibit A" attached hereto and made
a part hereof, are legally described as follows:
PARCEL 1: LOT 1 IN BLOCK 1 IN A.G. MAETHERS SUBDIVISION, A
SUBDIVISION RECORDED JUNE 30, 1925, AS DOCUMENT NO. 260397, IN
LAKE COUNTY, ILLINOIS. PIN: 15- 16-307 -004
PARCEL 2: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION
OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING ON THE WEST LINE OF THE DEPOT GROUNDS
280.50 FEET SOUTH OF THE NORTHWEST CORNER OF SAID DEPOT
GROUNDS; THENCE WEST 102 FEET; THENCE SOUTH 100 FEET;
THENCE EAST 141 FEET; THENCE NORTHERLY ALONG SAID DEPOT
GROUNDS 108 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS. PIN: 15-16-300-017
PARCEL 3: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION
OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT
s
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on, June 16, 2008 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2008 -39, AN ORDINANCE
PROVIDING FOR RECOUPMENT OF
ADVANCES FOR CONSTRUCTION OF WATER
MAIN AND SANITARY SEWER ALONG MAIN
STREET provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2008 -39,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on June 17,
2008 and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 17 day of
June, 2008.
G"'� y ;/. Z4A41'-t1t4L,,--`
V' ge Clerk
By
h i
GROUNDS; THENCE WEST 215 FEET; THENCE NORTH 116 FEET;
THENCE EAST 217 FEET TO THE WEST LINE OF MAIN STREET; THENCE
SOUTHEAST ALONG THE WEST LINE OF MAIN STREET TO THE NORTH
LINE OF THE DEPOT GROUNDS; THENCE WEST 45 FEET TO THE POINT
OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN: 15- 16- 300 -008
PARCEL 4: THAT PART OF LOT 33 OF SCHOOL, TRUSTEES SUBDIVISION
OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT
GROUNDS; THENCE SOUTH 260 FEET; THENCE EAST 102 FEET TO THE
WEST LINE OF SAID DEPOT GROUNDS; THENCE NORTHERLY ALONG
SAID WEST LINE TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS. PIN NOS. 15 -16- 300 -009, 15 -16- 300 -011, 15- 16- 300-013, 15 -16-
300-014, AND 15 -16- 300 -015
PARCEL 5: LOTS 2 THROUGH 5 INCLUSIVE IN BLOCK 1 IN A.G.
MAETHERS SUBDIVISION, A SUBDIVISION RECORDED JUNE 30, 1925, AS
DOCUMENT NO. 260397, AND THE EAST 72.50 FEET OF THE FOLLOWING
TRACT OF LAND: BEGINNING AT A POINT 205 FEET WEST AND 260 FEET
SOUTH OF THE NORTHWEST CORNER OF THE DEPOT GROUNDS;
THENCE EAST 145 FEET; THENCE NORTH 100 FEET; THENCE WEST 145
FEET; THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING OF THE
TRACT BEING DESCRIBED, ALL IN LAKE COUNTY, ILLINOIS. PIN NOS. 15-
16- 307 -001, 15 -16- 307 -002, 15 -16- 307 -003, 15 -16- 307 -005, AND 15- 16 -300-
027.
WHEREAS, the cost of the Sanitary Sewer Recapture Improvements is as follows:
CONTRACT ITEM
QUANTITY
U!M
UNIT
PRICE
I EXTENSION
8" D.I. Sanitary Sewer
67
LF
$42.70
$2,860.96
8" PVC SDR 95 Sanitary Sewer
946
LF
$49.20
$46,543.20
-0" Diameter Manhole
5
EACH
$2,800.00
$14,000.00
Directional Bore 8" Sanitary Sewer
142
LF
$225.00
$31,950.00
Trench Backfill
350
CY
$55.00
$19,250.00
Core, Install Boot, and Connect to Existing
Manhole
1
EACH
$800.00
$800.00
10" CMP Storm Sewer
14
LF
$50.00
$700.00
10" FES
2
EACH
$600.00
$1,200.00
Remove Ex. Storm Sewer
15
LF
$40.00
$600.00
Remove Ex. Bituminous Pavement
415
SY
$7.00
$2,905.00
Replace Bit. Pavement
415
SY
$49.50
$20,542.50
Remove Ex. Concrete Pavement
15
SY
$40.00
$600.00
Replace Concrete Pavement
15
SY
$195.00
$2,925.00
Remove Ex. Aggregate Drivewa
15
SY
$10.00
$150.00
Replace Aggregate Driveway
15
SY
$20.00
$300.00
Remove Ex. Sidewalk
230
SF
$5.00
$1,150.00
Replace Sidewalk
230
SF
$15.00
$3,450,00
Remove Ex. Curb and Gutter
50
LF
$15.00
$750.00
Re lace Curb and Gutter
50
LF
$55.001
$2,750.001
Silt Fence
405
LF
$4.001
$1,620.00
2
Ground Restoration & Seeding580
PROPORTIONAL SHARE
LF
$12.00
$6,960.00
,inlet Protection - Filter Fabric
3;E_'
+CH
$100.00
$300.00
Ditch Check
1
EACH
$150.00
$150.00
Tree Removal
1
EACH
$4,000.00
$4,000.00
Tree Protection Fence
55
LF
$5.00
$275.00
Remove & Reinstall Ex. Mailbox
1
EACH
$300.00
$300.00
Remove & Replace Retaining Wall
20
SF
$100.001
$2,000.00
Engineering Fees
1
LS
$7,000.00
$7,000.00
Remove Ex. Bituminous Pavement
I
SY
$7.00
$2,345.00
TOTAL
I
SY
1
$176,031.60
WHEREAS, the Township's benefit of the Sanitary Sewer Recapture Improvements has
been determined to be 16.67% or $29,338.60; and,
WHEREAS, it has been agreed that the amount to be recaptured ( "Recapture Amount!)
from the Benefited Parcels is as follows:
RECAPTURE
PARCEL
PROPORTIONAL SHARE
AMOUNT
UNIT PRICE
1
20%
$ 29,338.60
2
20%
$ 29,338.60
3
20%
$ 29,338.60
4
20%
$ 29,338.60
5
20%
$ 29.338.60
$13,750.00
Total Recapture Amount
$146,693.00
WHEREAS, the cost of the Watermain Recapture Improvements is as follows:
CONTRACT CONSTRUCTION ITEM
QUANTITY
U/M
UNIT PRICE
I EXTENSION
6" Ductile Iron Water Main
5
LF
$50.00
$250.00
8" Ductile Iron Water Main
675
LF
$55.00
$37,125.00
Trench Backfill
250
CY
$55.00
$13,750.00
8" Valve and Vault
2
EACH
$2,800.00
$5,600.00
Plug and Block 8" Water Main
1
EACH
$1,000.00
$1,000.00
Fire Hydrant with Auxiliary Valve
1
EACH
$3,200.00
$3,200.00
Dry Connection
1
EACH
$11,50-0-0-0
$1,500.00
Remove Ex. Bituminous Pavement
335
SY
$7.00
$2,345.00
Replace Bit. Pavement
335
SY
$49.50
$16,582.50
Ground Restoration & Seeding
50
SY
$12.00
$600.00
Inlet Protection - Filter Fabric
2
EACH
$100.00
$200.00
Engineering Fees
1
LS
$7,000.00
$7,000.00
TOTAL
$89,152.50
3
9
F
WHEREAS, the Township's benefit of the Watermain Recapture Improvements has been
determined to be 25% or $22,288.14; and,
WHEREAS, it has been agreed that the amount to be recaptured ("Recapture Amounr)
from the Benefited Parcels is as follows:
RECAPTURE
PARCEL PROPORTIONAL SHARE AMOUNT
2 33% $ 22,288.12
3 33% $ 22,288.12
4 33% $ 22.288.12
Total Recapture Amount $ 66,864.36
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, in furtherance of its home rule authority, as follows:
Section 1: The hereinbefore stated whereas clauses are incorporated herein and made
a part hereof.
Section 2: No person, firm, corporation, or other entity as owner of, or party interested
in, or any contractor, agent, or other representatives of such owners or party interested in the
property set forth above, shall connect to, or tap onto, the Recapture Improvements described
without having first obtained a permit from the Village. No permit shalt be issued by the Village
unless the applicant shall pay the Recapture Amount assigned to the Benefited Parcel plus
interest at the rate of 6% per annum computed from the date of final acceptance of the
Recapture Improvements by the Village.
The first applicant for a permit from the Village for any Benefited Parcel shall pay the
total Recapture Amount for that Parcel in one lump sump. The Recapture Amount paid to the
Village shall be in addition to any other charges or fees due the Village or any other
governmental entity for water and sewer services including, but no by way of limitation, tap -on
fees, meter and sewer and water service charges.
Section 3: Funds received by the Village of Buffalo Grove as and for the Recapture
Amounts shall be remitted to Vernon Township less a five percent (5 %) collection charge which
shall be retained by the Village as the cost of collection. It is understood that any payments to
the Township shall be limited to the funds collected from the Benefited Parcels and payment
made hereunder shall be solely out of said funds. This Ordinance shall not be construed as
creating any obligation upon the Village to make payments from its general funds or revenue.
Section 4: The Village shall endeavor in good faith to enforce the provisions hereof and
to collect the Recapture Amount as established herein. It is understood that the Village shall not
be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce
the payment of the Recapture Amount. The Village's obligation Is limited to the amount or
amounts actually collected pursuant to the provisions of this Ordinance.
Section 5: The Township shall indemnify, defend and save harmless the Village, its
officers, agents and employees, from any and all actions, claims or demands arising out of the
existence, terms, administration, enforcement or attempted enforcement of any provision of this
Ordinance. The Township will hold the Village, its officers, agents and employees, free and
harmless from any costs, fees (including attorney's fees and expenses) or judgments which the
4
Village, its officers, agents or employees may incur or become liable for pursuant to any such
action, claim or cause of action.
Section 6. In the event any part or portion of this Ordinance is held invalid or
unenforceable ay a court of competent jurisdiction, the remaining portions hereof shall continue
in full force and effect.
Section 7: Any person, firm, corporation or other entity being the owners of any parties
interested in any property herein above described or any contractor, agent or representative of
such person, firm or corporation making any connection with the Recapture Improvements
without first making application and paying the amounts required shall be subject to d`fine of not
less than $50.00, no more than $500.00. The Village shall have the right to enter on the property
without notice or permission and remove all such connections so made in addition to all other
remedies in law or equity.
Section 8: The Recapture Improvements herein described are public improvements, title
to which shall be vested in the Village of Buffalo Grove and nothing herein contained shall vest
any proprietary rights in said improvements in any other person, firm, corporation or other entity.
Section : This Ordinance shall only be enforceable and in effect until June 16, 2023.
Section 10: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
AYES: 5 - Braiman, Glover, Berma, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 - Kahn
PASSED: June 16 2008
APPROVED: June 16 .2008
PUBLISHED: June 17 , 2008
APPROVED:
Village President
ATTEST:
Village�Mrk
r
THIS DOCUMENT PREPARED BY: RECORDER MAIL TO:
William Raysa, Esq. Village Clerk
Raysa & Zimmermann, LLC. Village of Buffalo Grove
22 South Washington Avenue 50 Raupp Boulevard
Park Ridge, IL 60068 Buffalo Grove, IL 60089 -2198
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"EXHIBIT A"
BENEFITED PARCELS
1