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HomeMy WebLinkAboutOrdinances - MC-78-126 - 03/20/1978 - ch 28 reimbursement of expenses by developersMC-126 oe(( -V_ /0; AN ORDINANCE WHEREAS, the expenses of the City,are increased substantially by council and administrative costs and expenses and by the inspections, re- views, assistance and advice given and provided to not only the City, but to the owners of land desiring to annex their property to the City by the the City engineer, City attorney, City planners, forecasters and other te- chnicians, professionals and experts (cited herein as "retained personnel") retained and paid by the City in behalf of its citizens, residents and tax- payers to assure, insure, require, expect, and demand compliance of the Ordinances of the City in evaluating, reviewing and approving a proposed annexation of territory to the City; and WHEREAS, the compensation of the retained personnel of said City is an expense that burdens and taxes its citizens, residents and taxpayers upon projects and plans that ought to be paid by the owner of said land; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY OF McHENRY, ILLINOIS, AS FOLLOWS: SECTION 1. The Municipal Code, City of McHenry, Illinois, be and the same is hereby amended by adding the following thereto as and for Chapter 28 thereof: Sec. 28-1. Property owners shall pay and reimburse the City for any and all council and administrative expenses and costs and for any and all fees, salaries or compensations incurred and charged to the City by the retained personnel of the City in connection with the proposed annexation of any land to the City as hereafter set forth. Sec. 28-2. Retained personnel shall be defined as any engineer, attorney, planner, economist, or other technical, professional or other expert paid or retained by the City to assist or advise the City, directly or indirectly, in connection with any aspect of a proposed annexation of territory to the City. Sec. 28-3. The property owner shall deposit with the City Clerk a sum to be calculated, as hereinafter set forth, on the basis of the amount of territory to be annexed to be used toward defraying the aforesaid expenses, costs, fees, salaries and compensations: (1) For territory up to 5 acres-$1,000.00; (2) For territory of 5 acres or more-$1,000.00 plus $100.00 per acre for each acre in excess of 5 acres. This deposit shall be paid to the City at the time that a petition for annexation is filed or a proposed annexation agreement is pre- sented by the property owner, or at any time prior thereto that either the Mayor or the City Council may direct. Sec. 28-4. An acre for the purposes of Section 28-3 shall be defined as that measurement of land that is the dimensions of an acre notwithstanding any roads, buildings or other physical structures or obstacles located on, within or adjacent to said measurement. Sec. 28-5. All proceedings in shall be stayed until said sum the City Clerk as aforesaid. connection with such annexation so designated is deposited with Sec. 28-6. Any statement or bill submitted to the City by the retained personnel shall segregate and identify the charges and fees incurred directly or indirectly connected with said annex- ation; a copy of said statement or bill shall be forwarded to said property owner at the time an amount to equal said charges and fees are withdrawn from said specified account. Sec. 28-7. At any time the balance in the property owner's account reaches one-fourth of the original amount deposited, the Mayor or the City Council may demand from the property owner a sum of money that, in addition to the balance in said specified account:, shall equal the amount originally deposited hereunder or such lesser fraction thereof that the City Council might, in such case determine. All proceedings with regard to such annexation shall be stayed until said subsequent demands for additional deposits shall be paid by the property owner. The Mayor or the City Council shall give notice of said demand for payment to said property owner and a duplicate copy of said notice shall be furnished to the Planning Commission. Any demand or subsequent demand of the City Council, not deposited by the property owner within six months of the date of said demand shall, at the discretion of the City Council and upon written notice to the property owner, terminate the proposed annexation proceedings. Sec. 28-8. All funds required to be deposited by the property owner shall be deposited by the City into a special account and shall be held in the name of the City for the uses and purposes set forth in this ordinance. Sec. 28-9. The City Council may, for good cause shown by the property owner in writing to said Council, grant continuances in writing to said property owner for said deposits. Sec. 28-10. The City Council may, in its discretion and upon written resolution, waive the requirements of this ordinance. Sec. 28-11. Upon the presentment of the final statement of the re- tained personnel and within sixty (60) days of the disposition of the annexation proceedings including the approval and recording of the final Flat, any balance of the deposit remaining in the account, in- cluding any interest, shall be returned and repaid to the property owner. 2 SECTION 2. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 3. EFFECTIVE DATE: This ordinance shall be in full force and effect after its passage, approval and publication as is required by law. SECTION 4. REPEALER: All ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed to the extent of such conflict. PASSED: This 20th day of March, 1978 AYES: Bolger, Nolan, Harker, Datz, Smith,Adams, Schooley, Rogers NAYS: NONE ABSENT: NONE APPROVED: This 20th day of March, 1978 ATTEST: City Clerk il C1 •