[Adopted 4-17-1956 by Ord. No. 466]
[Amended 2-19-2013 by Ord. No. 6898-A]
The following rules and regulations, together with applicable
existing ordinances and such others as may hereafter be adopted, shall
govern the extension of City water mains and sewers within the City
limits of Crystal Lake, Illinois.
[Amended 2-19-2013 by Ord. No. 6898-A; 5-17-2016 by Ord. No. 7223]
A.
Any property owner, hereinafter referred to as "applicant," desiring
an extension of the City water or sewer main or other conveyance to
his/her property shall submit to the City a detailed plan showing
the location of the extensions to the property. The applicant shall
state in said request that he/she agrees to pay the cost of the extension,
unless otherwise provided by § 241-46 of the City Code.
Such request shall be subject to the approval of the City Engineer,
or his/her designee.
B.
Upon approval of the request, the applicant shall submit to the City
a surety for 120% of the estimated amount of the cost chargeable to
him/her for the extension. The surety may be a letter of credit, bond,
cash deposit, as may be designated by the City, or other security
approved by the City, in a format approved by the City (hereinafter,
"performance security"). Upon completion of any portion of such improvements,
a reduction to the performance security may be requested and the City
may grant a reduction at its sole discretion. If, at any time, the
City determines that the funds remaining in the performance security
are not sufficient to pay in full the remaining unpaid costs of such
improvements, within 30 days of written notice the performance security
shall be increased to an amount determined by the City to be sufficient
to pay in full the remaining costs of such improvements. Failure to
increase the amount of the performance security shall be grounds to
draw down the entire remaining balance of the performance security.
Any performance security submitted to the City in the form of a bond
shall be issued by an insurance company that has a current rating
of A++, A+, or A as rated by A.M. Best rating company. Any performance
security must be issued by a business licensed to do business in the
State of Illinois and redeemable in the State of Illinois.
C.
A bond, letter of credit, cash deposit, as may be designated by the
City, or other security approved by the City, in a form approved by
the City (hereinafter, "maintenance security"), in the amount not
less than 5% of the approved engineer's estimate of cost of the installation
of such improvements, providing guarantee of workmanship and materials
for a period of two years from the final inspection and acceptance
of such improvements, shall be submitted. If, at any time, the City
determines that the funds remaining in the maintenance security are
not sufficient to pay for correcting defects and deficiencies of such
improvements, within 30 days of written notice, the maintenance security
shall be increased to an amount determined by the City to be sufficient
to pay for correcting defects and deficiencies of such improvements.
Failure to increase the amount of the maintenance security shall be
grounds to draw down the entire remaining balance of the maintenance
security. Any maintenance security submitted to the City in the form
of a bond shall be issued by an insurance company that has a current
rating of A++, A+, or A as rated by A.M. Best rating company. Any
maintenance security must be issued by a business licensed to do business
in the State of Illinois and redeemable in the State of Illinois.
A.
Water main extension. The applicant will be required
to pay the cost of the water main extension of a size suitable for
his/her needs, but in no event shall the size be smaller than an eight-inch
main unless approved by the City Engineer and Chief of Fire Rescue.
[Amended 2-20-2007 by Ord. No. 6161; 5-17-2016 by Ord. No. 7223]
B.
Sewers. The applicant will be required to pay the
entire cost of the sewer extension, including necessary manholes.
[Amended 2-19-2013 by Ord. No. 6898-A]
The City must review and approve all engineering, construction
methods and installation of any extension of water or sewer main or
other conveyance.
[Amended 2-20-2007 by Ord. No. 6161; 2-19-2013 by Ord. No. 6898-A]
The applicant will have the right to prorate his/her cost of
any water or sewer main or other conveyance extension over the entire
front footage of other properties to be served by the extension(s).
Such proration right will be evidenced by a recapture agreement, not
to exceed 20 years in length, to that effect between the applicant
and the City and the associated ordinances that must be approved by
the City Council. The agreement shall set forth:
A.
The proportionate share amounts of the benefiting properties, to
be calculated by a fair and equitable benefit methodology approved
by the City Engineer. Final contract documents must be furnished to
the City to determine unit costs for the improvement.
B.
The legal description of all property which will at any time in the
future be serviced by the extension.
C.
That the owners of any property benefiting from said extension desiring
a tap in the extension shall pay to the City for the account of the
original applicant the pro rata cost of the extension servicing the
particular property.
D.
That in order to place property owners fronting along the extension
on notice of the right of the applicant to collect the pro rata cost
of the extension plus interest, this agreement shall provide that
a copy be recorded in the McHenry County Recorder's office and shall
affect only those properties set forth therein.
E.
That said agreement shall also provide that the Director of Finance
of the City of Crystal Lake shall have the authority to give releases
to the property owners affected by the agreement.
[Amended 2-19-2013 by Ord. No. 6898-A]
The applicant shall pay the costs of recording the agreement
and ordinances, and the property owner who desires to tap in an the
extension shall pay the recording costs of the release.
[Added 5-15-1956; amended 2-19-2013 by Ord. No. 6898-A]
Hereafter, any person, firm or corporation desiring to make
sewer and/or water extensions of existing City of Crystal Lake sewer
and/or water lines shall carry said extensions to a point opposite
the farthest property line of the person, firm or corporation making
said extension. In some cases, a looping water main may be required,
per the direction of the City Engineer.
[Added 5-15-1956]
Any such extension shall be under the supervision
of the City Engineer.
[Added 5-15-1956; amended 3-3-2009 by Ord. No. 6448]
Any person, firm or corporation violating the provisions of this article shall be fined as set forth in Chapter 248, Fines, for each offense, and each day said offense continues shall be considered a separate offense.
[Added 10-1-1957; amended 2-19-2013 by Ord. No. 6898-A]
The rules and regulations governing the recapture of amounts
from the extension of City water mains and sewers within the City
limits of Crystal Lake, Illinois, as set forth in this article, shall
apply only to properties located within the corporate limits of the
City or subject to an annexation agreement providing for annexation
to the City.
