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1978-091 ORDINANCE NO. 78 - 91 AN ORDINANCE FOR THE RECOUPMENT OF ADVANCES FOR CONSTRUCTION OF SANITARY SEWER IN ILLINOIS STATE ROUTE #83 BETWEEN LAKE-COOK ROAD AND PAULINE AVENUE WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois hereinafter referred to as "Village" and Weiland Road Joint Venture, an Illinois partnership, hereinafter referred to as "Developer". have agreed that inasmuch as the sanitary sewer, when constructed, would benefit neigh- boring properties not owned by the Developer, the Developer should recover a proportionate amount of the cost of construction from the benefited owners, and; WHEREAS, the properties benefited, as shown on Exhibit "A" attached hereto and made a part hereof, are described as follows: 1. Lots 3, 4, 7, 8, 11, 12, 15, 1, 5, 6, 9, 10, and the North 124.00 feet of Lot 13 in Buffalo Grove Manor, a subdivision of Section 33, Township 43 North, Range 11 East, of the Third Principal Meridian as particularly described in Document No. 701006, recorded June 21, 1950 in Lake County, Illinois. 2. Lot 1 in the Town Center Subdivision, a subdivision of Section 33, Township 43 North, Range 11 East, of the Third Principal Meridian as particularly described in Document No. 1953929, recorded October 17, 1978 in Lake County, Illinois. 3. Lexington Hills Subdivision, a subdivision of Section 33, Township 43 North, Range 11 East, of the Third Principal Meridian in Lake County, Illinois. WHEREAS, it has been estimated that the amount to be recaptured for the cost of the off-site sanitary sewer as follows: 1010 L.F. - 12" sanitary sewer @ $25.00/L.F. 25,250.00 100 L.F. - 12" D.I. @ $75.00/L.F. 7,500.00 700 L.F. - 10" sanitary sewer @ $21.00/L.F. 14,700.00 700 L.F. - 8" sanitary sewer @ $17.00/L.F. 11,900.00 9 ea. - 48" diameter manholes @ $1200.00 ea 10,800.00 700 S.Y. - Restoration and Seeding @ $6.00 S.Y. 4,200.00 $ 74,350.00 Engineering (2.5%) 1,858.75 Review & Inspection (3.5%) 2,602.25 $ 78,811.00 Less Benefit to Developer (not recapturable) 13,317. $ 65,493.69 WHEREAS, it has been agreed that Parcel #3 shall reimburse $4,990.00 of the sewer cost pursuant to the subdivision improvement agreement for the Lexington Hills Subdivision and the remaining amount to be recaptured shall be proportioned to the benefited proporties on an acreage basis as follows: Property Acres Proportionate Share Cost 1 56.85 98.89 $ 59,832.10 2 0.64 1.11 671.59 3 Not Applicable Not Ap licable 4,990.00 57.49 100.00 % $ 65,493.69 - 2 - WHEREAS, the Village and Developer have agreed that payments will be made in accordance with the respective proportional share, if applicable, based on the actual costs of the project, which shall be submitted to the Village upon completion and approved by the Village Engineer. NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. SECTION 1. No person, firm or corporation as owner of, or party inter- ested 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 on to the improvement described without having first obtained a permit from the Village. No permit shall be issued unless the applicant shall pay the propor- tionate share of the actual costs of construction as approved by the Village Engineer plus interest at the rate of 6% per annum computed from the date of final acceptance by the Village of the project construction. Only one basic fee shall be recovered from each of the parcels. The same shall be paid in one lump sum by the first applicant. The single charge shall be in addition to the then current charges for sewer tap on fees including but not by way of limitation, those charges required to be made by the Village by virtue of the Lake County, Illinois water agreement and the customary meter and the water services charges made pursuant to the water rate ordinance as it now exists and as amended from time to time. SECTION 2. All monies collected from the applicant for such permit shall be remitted to Buffalo Grove. Five (5%) of all monies collected shall be retained by the Village as the cost of collection. SECTION 3. Any person, firm or corporation being the owners of or any parties interested in any property herein above described or any contractor, agent or representative of such person, firm or corporation making any connec- tion with the above improvements without first making application and paying the amount required shall be subject to a fine of not less than $50.00 nor more than $500.00 upon conviction thereof and the Village shall have the right to enter on the property without notice or permission and remove all such connections so made. SECTION 4. Improvement described shall be a public improvement and title shall be vested in the Village. Nothing herein contained shall vest any proprietary rights in said improvement. SECTION 5. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. 4 - Rech, Bogart, AYES: Marienthal Stone NAYES: 0 - None ABSENT: 2 - Mendenhall , Kandel PASSED: December 4 , 1978 APPROVED: December 4 , 1978 PUBLISHED: December 6 , 1978' APPROVED: llage Pres dent ATTEST: Villa e Clerk