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TO: Mayor Thomas J. Weisner
FROM: Tracey M. Vacek, Planner
DATE: August 20, 2014
SUBJECT:
An Ordinance Authorizing Execution of and establishing the Costs of Recapture for a Portion of the Indian Trail Road Improvements from its Terminus within the Stonegate Subdivision West to Farnsworth Avenue in Kane County, Illinois (The City of Aurora - / AU12/3-09.200AG - TV - Ward 1)
PURPOSE:
The purpose of this Ordinance is to execute and established the recapture cost of the Indian Trail roadway improvements to the City of Aurora from the benefited properties along Indian Trail Road.
BACKGROUND:
In 2004, the City approved a Roadway Agreement with Moser Enterprise/Kensington Development Group, Inc. by Resolution R04-256 for the extension of Indian Trail Road from its terminus within Stonegate Subdivision west to Farnsworth Avenue. Then in 2005, Zausa Homes entered into an Annexation Agreement by Ordinance O05-098 which contemplated a recapture of 30% of cost for the Indian Trail roadway improvement adjacent to their property.
DISCUSSION:
This Ordinance will allow the City of Aurora to recapture the cost of the Indian Trail Roadway improvements from certain properties along Indian Trial Road.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this project will increase the City's overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Authorizing Execution of and establishing the Costs of Recapture for a Portion of the Indian Trail Road Improvements from its Terminus within the Stonegate Subdivision West to Farnsworth Avenue in Kane County, Illinois
ATTACHMENTS:
Recapture Ordinance
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Authorizing Execution of and establishing the Costs of Recapture for a Portion of the Indian Trail Road Improvements from its Terminus within the Stonegate Subdivision West to Farnsworth Avenue in Kane County, Illinois
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora regulates the construction, access and usage of roadways, and certain utilities within its jurisdiction as part of its municipal services; and
WHEREAS, Section 43-92(a) of the Aurora Code of Ordinance provides for the recapture of costs from property owners for improvements installed which provide a direct benefit to future development of said property solely upon future connection and use of said improvement; and
WHEREAS, pursuant to Section 43-92(b) of the Aurora Code of Ordinance, this Ordinance and its Exhibits establishes the actual costs incurred by the Developer in the construction, establishes the reasonable interest to be provided and identifies those properties which may have future direct benefit by connection and use; and
WHEREAS, on June 15, 2009, the City of Aurora approved a Roadway Agreement (hereinafter "ROADWAY AGREEMENT") by Resolution R04-256 for the extension of Indian Trail Road from its terminus within the Stonegate Subdivision west to Farnsworth Avenue, said improvements referred to as hereinafter "INDIAN TRAIL ROAD IMPROVEMENT"; and
WHEREAS, Zausa Homes, owner and developer (hereinafter "ZAUSA") of property adjacent to the INDIAN TRAIL ROAD IMPROVEMENT entered into an Annexation Agreement approved by the City of Aurora on August 9, 2005 by Ordinance O05-098, which contemplated the recapture for 30% of the total cost for Section C of Indian Trail Road improvements adjacent to said property; and
WHEREAS, Moser Enterprises, Inc. / Kensington Development Group, Inc., (hereinafter "KENSINGTON") constructed and front funded the construction of the INDIAN TRAIL ROAD IMPROVEMENT at a total cost of $5,212,085.00; and
WHEREAS, after construction of said INDIAN TRAIL ROAD IMPROVEMENT, KENSINGTON submitted a list of certified constructions cost prepared by V3 Companies, said cost are summarized in the attached Certified Summary of Actual Costs for the Construction of Indian Trail Roadway Improvements hereto as Exhibit "A" (hereinafter the "CERTIFIED COSTS"); and
WHEREAS, pursuant to the ROADWAY AGREEMENT, the City of Aurora reimbursed
KENSINGTON for 100% of SECTION A COST; 40% of SECTION B COST, 70% of SECTION C ROADWAY IMPROVEMENT COST; 50% of SECTION C WATERMAIN AND SANITARY SEWER COST; and 100% of SECTION D COST as indicated in Exhibit "A"; and
WHEREAS, at the request of Zausa, SECTION C road improvements were modified to remove the left turn lane; the City of Aurora reimbursed KENSINGTION for 100 % of the costs associated with said modification with the anticipation of recapturing 100% of this cost from SECTION C; and
WHEREAS, upon recording of this Ordinance against the benefited properties described in Exhibit "B1" ("BENEFITED PROPERTIES"), the City's liability under this Ordinance is limited solely to collecting recapture amounts and remittance of same; and
WHEREAS, the CERTIFIED COSTS were broken into four sections as depicted in Exhibit "B2", being a map consisting of Section A being 776 linear feet (hereinafter "SECTION A"), Section B being 1015 linear feet (hereinafter "SECTION B"), Section C being 1855 linear feet (hereinafter "SECTION C") , and Section D being 950 linear feet (hereinafter "SECTION D"); and
WHEREAS, with the CERTIFIED COSTS for each section totaling $763,257.00 for SECTION A (hereinafter "SECTION A COST"); $770,725.00 for SECTION B (hereinafter "SECTION B COST"); $2,056,437.50 for SECTION C roadway improvements (hereinafter "SECTION C ROADWAY IMPROVEMENT COST"; $273,796.00 for SECTION C watermain and sanitary sewer improvements (hereinafter "SECTION C WATERMAIN AND SANITARY SEWER COST"); $9,862.50 for SECTION C left turn lane modifications (hereinafter "SECTION C LEFT TURN LANE COST"; and $1,338,006.00 for SECTION D (hereinafter "SECTION D COST"); and
WHEREAS, the City of Aurora wishes to establish a recapture from the BENEFITED PROPERTIES, payable to the City of Aurora, for a portion of said CERTIFIED COSTS determined as a percentage of the total section costs being 60% of SECTION A COST (hereinafter "SECTION A RECAPTURE"), and 30% of the SECTION C ROADWAY IMPROVEMENT COST plus 50% of the SECTION C WATERMAIN AND SANITARY SEWER COST plus 100% of the SECTION C LEFT TURN LANE COST (hereinafter "SECTION C RECAPTURE"); and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois,
Section One: That the recapture amount for the BENEFITED PROPERTIES of the INDIAN TRAIL ROAD IMPROVEMENT is established at $457,954.20 for SECTION A RECAPTURE and is established at $763,692.25 for SECTION C RECAPTURE.
Section Two: That the reasonable interest on the amount expended in completing the Indian Trail Road improvements shall be set at 3% and shall be calculated from and after the date of completion and acceptance of the improvement being October 21, 2008, said interest shall accrue for a maximum of five (5) years, and shall be included in the recapture sums due at the time of future connection and use.
Section Three: That prior to permitting any connections and use of the Indian Trail Road improvements by any of the benefited properties described in Exhibit "A", the City shall require the owner or developer of the benefited properties to pay the sums as indicated in Exhibit "B1" as and for their proportionate share of the costs attributable to the improvement.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit "A" - Certified Summary of Actual Costs for the Construction of Indian Trail Roadway Improvements
Exhibit "B1" - Benefited Properties
Exhibit "B2" - Map