Village of Bannockburn, IL Special Fees Applicable to Specific Water Mains and Sanitary Sewerage Systems

§ 225-514 Telegraph Road water main.

By the codification of Ordinance No. 74-1.14, there is hereby established a tap-in fee for connection to the ten-inch Village water main extending along Telegraph Road for a distance of 1,100 feet south from the intersection of Telegraph Road and Half Day Road, which shall be in addition to all other fees required by this Part 5. Said fee shall be $2,500 for each residential connection, or equivalent, to said main.

§ 225-515 Telegraph Road - Hilltop Lane water main.

Pursuant to Bannockburn Ordinance No. 74-10.28, Carl Witte, then owner of 1841 Hilltop Lane, paid the Village $3,300; David K. Sengstack, then owner of 1875 Hilltop Lane, paid the Village $3,300; and the Village paid the balance of the cost for the construction of a ten-inch water main, 320 feet long, running southerly from the water main specified in § 225-514 hereof and a six-inch water main, 1,280 feet long, running westerly along Hilltop Lane. Said main benefits the property lying along it on Telegraph Road to the extent of $2,450 per residential lot and property lying along it on Hilltop Lane to the extent of $3,300 per residential lot. In addition, David K. Sengstack paid the Village $3,300 for the specific benefit of the lot located at 1867 Hilltop Lane.

By way of codification of Ordinance No. 74-10.28, there is hereby established a tap-in fee for connection to the aforesaid water mains which shall be in addition to all other fees required by this Part 5. Said fees shall be as follows:

(1)

For each residential lot connected to the Telegraph Road Main: $2,450 plus 8% annual interest beginning on October 29, 1974.

(2)

For each residential lot connected to Hilltop Lane Main: $3,300 plus 8% annual interest beginning on October 29, 1974.

At such time as the residence located on the lot at 1867 Hilltop Lane is connected, the additional tap-in fee of $3,300 plus 8% interest shall, upon collection by the Village, be paid to David F. Sengstack or his heirs.

The Village Clerk shall record a copy of this section with the Lake County Recorder of Deeds.

§ 225-516 Southerly extension of Valley Road water main.

Pursuant to Bannockburn Ordinance No. 75-7.14, Mr. James A. Boulton, then owner of Lot 22 in the Bannockburn Woods Subdivision, paid the Village $4,686.75 for the construction of a six-inch water main, 320 feet long, running southerly from Valley Road to serve said property. Said main benefits the property lying between Valley Road and Lot 22 to the extent of 5/6 of its value.

By way of codification of Ordinance No. 75-7.14, there is hereby established a tap-in fee for connection to the aforesaid water main which shall be in addition to all other fees required by this Part 5. Said fee shall be as follows:

(1)

For the first connection in addition to Lot 22: 3/6 of $4,686.25.

(2)

For the second connection in addition to Lot 22: 2/6 of $4,686.25.

The additional tap-in fees hereinabove established shall, upon collection by the Village, be paid to Mr. James A. Boulton or his heirs.

The Village Clerk shall record a copy of this section with the Lake County Recorder of Deeds.

§ 225-517 Kendler water main.

Pursuant to a recapture agreement between the Village and First National Bank of Highland Park as Trustee under Trust Agreement Number 2600, K. Richard Kendler, as beneficiary under the aforesaid trust agreement, and Land Unlimited, Inc., as beneficiary under the aforesaid trust agreement (said Trustee and beneficiaries being hereinafter referred to collectively as "developer") dated December 5, 1978, developer has paid the cost of installing a water main running northerly along Waukegan Road and westerly along Route 22 for a total distance of approximately 2,054 feet. The total cost of said water main was $45,142.92.

(1)

Said water main benefits the following properties to the extent indicated:[1]

	Property Benefited	Percentage of Benefit
	Nielsen (Exhibit A)	50%
	Pesman (Exhibit B)	100%
	Shell (Exhibit C)	100%
	Beeson (Exhibit D)	100%

[1]

Editor's Note: The referenced exhibits are included as an attachment to this chapter.

(2)

All of said properties are described in the above-indicated exhibits, which are attached to the aforementioned recapture agreement.

There is hereby established a tap-in fee to the aforesaid water main which shall be in addition to all other fees required by this Part 5. Said fees shall be as follows:

	Property Benefited	Recapture Fee Due
	Pesman	$12,441.60
	Shell	$5,227.20
	Beeson	$8,529.12
	Nielsen	$9,477

At such time as any of the above-required fees are collected by the Village, said fee shall be paid to developer in accordance with the aforesaid recapture agreement.

The Village Clerk shall record a copy of this section with the Lake County Recorder of Deeds.

§ 225-518 Terracom - Route 22 water main.

Pursuant to a recapture agreement between the Village and the LaSalle National Bank as Trustee under Trust No. 46514, Terracom Development Corporation (hereinafter referred to as "developer") as beneficiary under the aforesaid trust, Lakeside Properties Partnership and William A. Brown, Jr., William P. Cowhey, William A. Lederer and Russell V. Ray, partners therein, FMC Corporation, LaSalle National Bank, as Trustee under Trust No. 50852 and Herbert D. Rosenfeld, Eugene Deutsch and Robert Maramba as beneficiaries under the aforesaid trust dated January 22, 1979, developer has paid the cost of installing a twelve-inch water main extending easterly along Illinois Route 22 for a total distance of approximately 3,495 lineal feet to the intersection of Telegraph Road and Illinois Route 22. The total cost of said water main was $96,778.03.

(1)

Said water main benefits the following properties to the extent indicated:[1]

	Property Benefited	Percentage of Benefit
	Unitarian Church (Exhibit A)	0.3%
	Trinity College and Divinity School (Exhibit B)	43.2%
	Vecchione Subdivision (Exhibit C)	3.3%
	Theodasakis (Exhibit D)	0.9%
	Mary Black and Green House (Exhibit E)	1.5%
	Yanong (Exhibit F)	0.3%
	Basevitz (Exhibit G)	0.3%
	Edgar (Exhibit H)	0.3%
	Weiss (Exhibit I)	0.3%

[1]

Editor's Note: The referenced exhibits are included as an attachment to this chapter.

(2)

All of said properties are described in the above indicated exhibits, which are attached hereto and made a part hereof.

There is hereby established a tap-in fee to the aforesaid water main which shall be in addition to all other fees required by this Part 5. Said fees shall be as follows:

	Property Benefited	Recapture Fee Due
	Unitarian Church	$290.33
	Trinity College and Divinity School	$41,808.11
	Vecchione Subdivision	$3,193.68
	Theodasakis	$871
	Mary Black and Green House	$1,451.67
	Yanong	$290.33
	Basevitz	$290.33
	Edgar	$290.33
	Weiss	$290.33

At such time as any of the above-required fees are collected by the Village, said fee shall be paid to developer in accordance with the aforesaid recapture agreement.

The Village Clerk shall record a copy of this section with the Lake County Recorder of Deeds.

§ 225-519 Route 22 water main.

Parties contracting for service from the twelve-inch water main extending 1,460 lineal feet easterly along Illinois Route 22 from the intersection of Telegraph Road and Illinois Route 22 shall pay a tap-in fee of $1,500 per dwelling unit. Such fee shall be in addition to all other fees required by this Part 5.

The Village Clerk shall record a copy of this section with the Lake County Recorder of Deeds.

§ 225-520 Special Service Area No. 3 sanitary sewer.

A fee of $300 shall be payable for each residential unit connecting to the Village sewerage system serving Bannockburn Special Service Area Number Three, as described in Ordinance No. 80-7 adopted on June 30, 1980, and any amendments thereto. Such fee is to be collected by the Village of Bannockburn on behalf of, and/or payment to, the Village of Deerfield, as compensation for the Village of Bannockburn's use of Deerfield's sewage treatment facilities. Such fee shall be in addition to any fees required by the Village of Bannockburn pursuant to other provisions of this Part 5.

A recapture fee shall be payable for each residential unit connecting to the Village sewerage system serving Bannockburn Special Service Area Number Three, as described in Ordinance No. 80-7 adopted on June 30, 1980, where such residential unit was not within said Special Service Area on June 30, 1980. Such recapture fee shall be an amount equal to the total, as calculated by the Village Finance Commissioner, of all real property taxes which would have been assessed against such residential unit, from 1980 to the date of connection, for the construction and maintenance of said sewerage system. Such recapture fee shall be in addition to all other fees required by this Part 5 and shall be used by the Village to abate subsequent real property taxes for the construction and maintenance of such sewerage system.

§ 225-521 Special Service Area No. 5A water system.

A recapture fee shall be payable for each residential unit connecting to the Village water system serving Bannockburn Special Service Area Number 5A, as described in Section 6(b) of An Ordinance Establishing Village of Bannockburn Special Service Area Number 5A, Ordinance No. 88-14 adopted on July 11, 1988, where such residential unit is not located on a lot that was included in the special tax roll for said Special Service Area on July 11, 1988. Such recapture fee shall be an amount equal to the total, as calculated by the Village Finance Commissioner, of all special service area taxes that would have been assessed against such lot from July 11, 1988, to the date of connection, for the construction and maintenance of said water system. Such recapture fee shall be in addition to all other fees required by this Part 5 and shall be used by the Village to abate subsequent special service area taxes for the construction and maintenance of such water system.

§ 225-522 Fanani sanitary sewer extension.

Pursuant to a recapture agreement between the Village and John and June Fanani ("Fanani") dated June 29, 1986, Fanani has paid the cost of installing a sanitary sewer extension in easements along Stirling Road for a total distance of approximately 320 feet at a total cost of approximately $22,000. Said sanitary sewer extension benefits the property legally described below to the extent of $3,450: the north 295 feet of the south half of the northeast quarter of the northwest quarter (lying westerly of the Chicago, Milwaukee, St. Paul & Pacific Railroad right-of-way line) of Section 20, Township 43 North, Range 12 East of the Third Principal Meridian, all in Lake County, Illinois (hereinafter referred to as "the Fanani northerly lot").

A tap-in fee in the amount of $3,450 is hereby established in addition to all other fees required by this Part 5 in the event that the Fanani northerly lot connects to said Stirling Road sanitary sewer extension.

At such time as the above-required tap-in fee is collected by the Village, said fee shall be paid to Fanani in accordance with the aforesaid recapture agreement.

§ 225-523 Special Service Area No. 15 sanitary sewer.

Parcels may connect to the sanitary sewer system improvements financed through Special Service Area No. 15, as established by Ordinance No. 2003-20, and adopted by the President and Board of Trustees on June 23, 2003 ("improvements") only under the following circumstances:

Connection to the improvements by any of the "SSA Parcels," as that term is defined in Ordinance No. 2003-20, shall, in addition to the obligation to pay amounts levied pursuant to the Special Tax Roll, as that term is defined in Ordinance No. 2003-20, be subject to the following conditions:

(1)

Granting of easement. Prior to the connection of any SSA Parcel to the improvements, such SSA Parcel shall be required to grant and deliver to the Village an easement across the full length and/or width of such SSA Parcel in order to facilitate the installation, construction, repair, maintenance, and replacement of the improvements and other utilities, unless the Village Board of Trustees otherwise determines that an easement across such SSA Parcel is not necessary for the installation, construction, repair, maintenance, and replacement of the improvements. Such easement shall be granted without cost or expense to the Village and shall be in a form reasonably acceptable to the Village Attorney; and

(2)

Limitation of use. Each SSA Parcel shall be limited to the connection of one detached single-family residence developed in conformity with the provisions of Chapter 260, Zoning, of the Village Code as is in effect as of the date of Ordinance No. 2003-20, and such limitation on development shall be a condition on the connection of the SSA Parcel to, and on the continued right of the SSA Parcel to use, the improvements; and

(3)

Payment of user fees. Following the connection of a SSA Parcel to the improvements, the owner or occupant of such SSA Parcel receiving sanitary sewer service from Bannockburn Special Service Area No. 15 shall be required to pay all user fees and comply with all applicable ordinances, rules, and regulations as the Village may from time to time establish for such sanitary sewer service as a condition to continued sanitary sewer service through the improvements; and

(4)

Inspection fees. For each SSA Parcel, no tap-in fee shall be required to connect one detached single-family residence on the SSA Parcel to the improvements; provided, however, that an inspection fee in the amount established by the ordinances of the Village shall nevertheless be paid upon connection.

Because the improvements were designed to serve the properties within Bannockburn Special Service Area No. 15, the capacity of the improvements to serve other properties is not guaranteed. Therefore, in order to conserve the limited resources of the improvements, no parcel that does not qualify as one of the SSA Parcels, as defined in Ordinance No. 2003-20, shall be authorized to connect to the improvements except upon satisfaction of the following conditions:

(1)

Approval of the Village Board of Trustees. Prior to the connection of any such parcel to the improvements, the owner of any such parcel shall enter into an agreement with the Village that provides for the satisfaction of the other conditions set forth in this § 225-523B, and such other conditions as the Village Board of Trustees may establish in the best interests of the Village and for the purpose of conserving the limited capabilities of the improvements, which agreement shall be subject to the express approval of the Village Board of Trustees by resolution; and

(2)

Granting of easement. Prior to the connection of any such parcel to the improvements, such parcel shall be required to grant and deliver to the Village an easement across the full length and/or width of such parcel in order to facilitate the installation, construction, repair, maintenance, and replacement of the improvements and other utilities, unless the Village Board of Trustees otherwise determines that an easement across such parcel is not necessary for the installation, construction, repair, maintenance, and replacement of the improvements. Such easement shall be granted without cost or expense to the Village and shall be in a form reasonably acceptable to the Village Attorney; and

(3)

Declaration of covenants. Prior to the connection of any such parcel to the improvements, the owner of such parcel shall execute and deliver to the Village for recordation a declaration of covenants running with the land, in a form approved by the Village Attorney, that prohibits any development, subdivision, or use of such parcel that is not consistent with the provisions of the Bannockburn Zoning and Subdivision Code[1] applicable to such parcel as of the date of connection; and

[1]

Editor's Note: See Ch. 205, Subdivision Regulations; and Ch. 260, Zoning.

(4)

Limitation of use. Each such parcel shall be limited to the connection of one detached single-family residence developed in conformity with the provisions of Chapter 260, Zoning, of the Village Code as is in effect as of the date of Ordinance No. 2003-20, and such limitation on development shall be a condition on the connection of such parcel to, and on the continued right of such parcel to use, the improvements; and

(5)

Tap-in, connection, and inspection fees. Prior to the connection of any such parcel to the improvements, the owner of such parcel shall pay all applicable tap-in, connection, and inspection fees and other charges provided for by any applicable ordinances of the Village at the time of connection to the improvements; and

(6)

Special connection fee. Prior to the connection of any such parcel to the improvements, the owner shall pay, in addition to the fees required pursuant to Subsection B(5) above, a special connection fee in the lump sum amount of $39,166.67 plus simple interest at a rate of 4% per annum, which interest shall accrue from the date of establishment of Special Service Area No. 15 until paid. Such special connection fee shall be deposited in the Village's water and sewer enterprise fund for use in connection with any permitted expense for such fund, including reimbursement for water- and sewer-related interfund transfers; and

(7)

Payment of user fees. Following the connection of any such parcel to the improvements, the owner or occupant of such parcel receiving sanitary sewer service from the improvements shall be required to pay all user fees and comply with all applicable ordinances, rules, and regulations as the Village may from time to time establish for such sanitary sewer service as a condition to continued sanitary sewer service through the improvements.

§ 225-524 Special connection fee for Duffy Lane water main loop extension.

The Village has expended funds for the purpose of constructing water main loop extension improvements along Duffy Lane to Lakeside Drive ("improvements"). Such improvements were installed to enhance the public health and safety of the Village residents by enhancing the overall serviceability and reliability of its water system for fire safety and potable water purposes. The improvements were specifically not intended to enhance the development potential of properties within the Village, nor shall the Village require any properties in the vicinity of the improvements to discontinue private water sources in favor of connection to the improvements and the Village water system generally. In light of these purposes for constructing the improvements, and in order to ensure fair share contributions by persons and parcels connecting directly to the improvements, such connections to the improvements shall be allowed only under the following circumstances:

[1]

Editor's Note: See Ch. 205, Subdivision Regulations; and Ch. 260, Zoning.

Limitation of use. Each such parcel shall be limited to the connection of one detached single-family residence per zoning lot developed in conformity with the provisions of Chapter 260, Zoning, of the Village Code, and such limitation on development shall be a condition on the connection of such parcel to, and on the continued right of such parcel to use, the improvements; and

Special connection fee. Prior to the connection of any such parcel to the improvements, the owner shall pay, in addition to the fees required pursuant to Subsection D above, a special connection fee for each zoning lot in the lump sum amount of $39,090.92, less the Village contribution set forth in Subsection F below, plus simple interest at a rate of 6.5% per annum, which interest shall accrue from the effective date of January 1, 2007. Such special connection fee represents a fair allocation of the costs relating to the improvements. Such special connection fee shall be deposited in the Village's water fund for use in connection with any permitted expense for such funds, including reimbursement for water-related interfund transfers; and

Village contribution. The Village shall hereby contribute a portion of the special connection fee for water services required in Subsection E above, based upon the following schedule:

	Village Contribution
For Lots Connecting to the Improvements:	(%)	($)	Connection Fee Before Interest
Before January 1, 2008	50%	$19,545.46	$19,545.46
Before January 1, 2009	45%	$17,509.91	$21,581.01
Before January 1, 2010	40%	$15,636.30	$23,454.62
Before January 1, 2011	35%	$13,681.82	$25,409.10
Before January 1, 2012	30%	$11,727.28	$27,363.64
Before January 1, 2013	25%	$9,772.73	$29,318.19
Before January 1, 2014	20%	$7,818.18	$31,272.74
Before January 1, 2015	15%	$5,863.63	$33,227.29
Before January 1, 2016	10%	$3,909.09	$35,181.83
Before January 1, 2017	5%	$1,954.55	$37,136.37

Payment of user fees. Following the connection of any such parcel to the improvements, the owner or occupant of such parcel receiving water service from the improvements shall be required to pay all user fees and comply with all applicable ordinances, rules, and regulations as the Village may from time to time establish for such water service as a condition to continued water service through the improvements.