S-355 - 03/23/1976 - STREETS - Ordinances ORDINANCE NO.
325_�rj'
AN ORDINANCE AMENDING SECTION 2.C.9 : OF ARTICLE VIII OF
ORDINANCE NO. 5-2771 AS AMENDED, PROVIDING FOR A.
WATER MAIN EXPANSION AND EXTENSION CONNECTION FEE
WHEREAS, the Village of Oak Brook provides water to certain
areas within and without the Oak Brook Village boundaries; and
WHEREAS, the Village maintains, installs and operates
certain waterworks to provide the said water; and
WHEREAS, the President and Board of Trustees, pursuant to
the provisions of Section 11 - Division 150-1 of the Illinois
Municipal Code and all laws amendatory thereof and supplementary
thereto, did pass and approve Ordinance No. 5-340 on September 23,
1975; and
WHEREAS, said Ordinance No. 5-340 did amend Ordinance
No. 5-277 by adding thereto Section 2.C.9. of Article VIII of said
Ordinance, thereby establishing a Water Main Expansion and
Extension Connection Fee; and
WHEREAS, the President and Board of Trustees deem the
revision and clarification of the provisions establishing a Water
Main Expansion and Extension Connection Fee to be in the best
interest and pursuant to the general welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board
of Trustees of the Village of Oak Brook, DuPage and Cook Counties,
as follows:
SECTION 1: The provisions of the preamble hereinbefore set forth
are restated herein as though herein fully set forth.
SECTION 2: Section 2.C.9. of Article VIII of Ordinance No. 5-277,
as amended, is hereby amended to read as follows:
119 . Water Main Expansion and Extension Connection Fee . A Water
Main Expansion and Extension Connection Fee is hereby
established to partially reimburse the Village for the cost
of extending water lines to serve new and additional users
and to increase its capacity to produce and transport water.
This fee shall be in addition to any and all other fees
provided in this Ordinance No. 5-277, as amended. The Village
of Oak Brook may provide, at its own initial expense, for the
drilling of wells and the construction of expansions and
extensions of its water supply system to certain areas within
the Village and in areas outside the Village, but within the
accredited area of the Oak Brook Utility Company. In so
doing, the Village seeks to provide a material benefit to the
property owners abutting such improvements. To partially
reimburse the Village for such costs, the Village creates a
Water Main Expansion and Extension Connection Fee . Such fee
shall be equal to forty-five percent (45%) of the capital
cost to the Village involved in the expansion or extension of
the system determined on a per-user basis, if paid in the year
in which the expansion or extension of the system is accepted
by the Village . Such capital cost shall include all costs
incurred by the Village in such expansion or extension of the
system, including, but not limited to, engineering fees,
supervision, legal fees, land costs, material costs, and
construction. In the event said fee is not paid in full at
the time described above, the fee shall increase at the rate
of six percent (6%) per year for each and every subsequent
year or fraction thereof until paid, commencing with the year
following the year in which the expansion or extension of the
system is accepted by the Village . The Village shall determine
the potential number of users to connect to the expansion
or extension of the system and prorate the total fee over the
number of parcels with a potential for connection to the
expanded or extended part of the system. Each parcel shall
be subject to its prorated share of said fee as determined
by the Village . The Village, in lieu of a. lump sum payment,
shall consider payment of such fee over a period not to
exceed three (3) years, if the same is requested in writing .
The revenue received by the Village from the Water Main
Expansion and Extension Connection Fee shall be used by the
Village for its general corporate purposes, with primary
application thereof being made to the necessary expansion
of the system to meet the requirements of new or additional
users thereof; such fund shall be placed, until they are
used, into a fund which shall be known as the "Water System
Expansion Connection Fund. The monies to the credit of
such fund may be invested from time to time by the Treasurer
of the Village as provided by law. All accrued interest on
any investments shall be credited to such fund.
The Village may accept a donation of construction, expansion,
or extension of the works of its system in lieu of all or „
part of the connection fees established by this Ordinance .
SECTION 3: All ordinances, rules and regulations of the Village of
Oak Brook which are in conflict with the provisions of this
Ordinance are hereby repealed to the extent of the conflict.
SECTION 4: If any section, sub-section, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid, such
determination shall not affect the validity of any remaining portion
of this Ordinance .
SECTION 5: This Ordinance shall be in full- force and effect from
and after its passage, approval and publication in pamphlet form
as provided by law.
PASSED and APPROVED by the President and Board of Trustees
of the Village of Oak Brook this day of 1976
APPROVED
'f President
ATTEST:
Village Clerk
AYES:
NAYS:
ABSENT:
Filed in the Office of the Village Clerk and published in
pamphlet form by authority of the President and Board of Trustees
of the the of Oak Brook this S day of ' , 1976 .
APPROVED AS TO FORM: Village Clerk
1 iTj.
• Village Attorney
-2-