HomeMy WebLinkAboutOrdinances - MC-18-1181 - 09/24/2018 - Code Amendment Chapter 26 Fee ReductionCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER MC-18-1181
An Ordinance Amending Article IV of Chapter 26, Water and Sewer Capital
Development Fee, Section 26-202, Amount, of the City of McHenry's Municipal
Code
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
September 24, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 24th day of September, 2018.
ORDINANCE NO. MC-18-1181
An Ordinance Amending Article IV of Chapter 26, Water and Sewer Capital Development
Fee, Section 26-202, Amount, of the City of McHenry's Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois;
WHEREAS, there are multiple platted subdivisions within the City, which are zoned for
single-family detached housing, and which are only partially built out;
WHEREAS, the cost of maintaining private improvements and common areas within these
subdivisions through homeowners' association fees and assessments falls disproportionately on City
residents with completed homes within those subdivisions, due to disproportionate assessments and
other factors;
WHEREAS, owners of vacant lots under Illinois law are assessed at a lower rate than owners
of built -upon lots leading to less property taxes for school districts;
WHEREAS, the City has an interest in building out its unfinished subdivisions and in
incentivizing owners of vacant lots within these subdivisions to build houses and begin contributing
toward homeowners' association assessments in a more equitable manner;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 26, Article IV, Water and Sewer Capital Development Fee, Section 26-
202, Amount, shall be amended by adding subsection (e), Temporary Rate Reduction, as follows:
(e) Temporary Rate Reduction.
The water and sewer fees in this section for detached single-family homes shall be
calculated by referring to the applicable chart in subsection (a), applying the annual
percentage increase described above in this section, and then multiplying the result by
0.5. This reduction shall only apply to the fees owing on new detached single family
home permit applications which have been received and date -stamped by the City prior to
September 24, 2019, regarding lots which have already been platted at the time of this
amendment to the Code in single-family detached housing subdivisions which are
partially built out as of September 1, 2018 (each such lot being considered a `Benefitted
Lot").
Further, prior to September 24, 2019, the owner of a Benefitted Lot shall be entitled to
pre -pay the water and sewer capital development fee before submitting a permit
application. The amount of the prepaid fee shall be calculated as above, using the
appropriate figures for a four -bedroom detached single family house.
Notwithstanding anything in this section to the contrary, the rate reduction shall expire on
September 24, 2019, and shall only apply to the fees for Benefitted Lots.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting: 6-Ayes: Alderwoman Condon, Alderman Devine, Alderman Mihevc, Alderman Curry,
Alderman Schaefer and Alderman Santi.
Voting: 1-Nay: Alderman Glab
Absent: 0
Abstain:0
(SEAL)
APPROVED:
M
Mayor WayneJettk
Deputy Clerk Debra Meadows
Passed: -J�e V� a 9,
Approved: d U 1 �'l
CERTIFICATION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I
am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of
McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the 24t' day of September, 2018, the foregoing Ordinance entitled An Ordinance
Amending Article IV of Chapter 26, Water and Sewer Capital Development Fee, Section 2&202,
Amount, of the City of McHenry's Municipal Code, was duly passed by the City Council of the
City of McHenry.
The pamphlet form of Ordinance No. MC-18-11811 including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the 25th day of September 2018, and will continue for at least 10 days thereafter. Copies of such
Ordinance are also available for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian
and keeper of the same.
GIVEN under my hand and seal this day of�tp� (02 L 2018.
bra Meadows, Deputy Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)