HomeMy WebLinkAbout98-297 a • ,
Resolution No. 98-297
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE VILLAGE OF SOUTH ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute an
Intergovernmental Agreement on behalf of the City of Elgin
with the Village of South Elgin relating to payment and
collection of development impact fees and recapture fees for
the BRIS IB and BRIS II sanitary interceptor sewers , a copy of
which is attached hereto and made a part hereof by reference .
s/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: December 2 , 1998
Adopted: December 2 , 1998
Vote: Yeas 4 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
DRAFT 11/25/98
RAGREE/SESEWER
INTERGOVERNMENTAL AGREEMENT
t. THIS AGREEMENT made and entered into this 2nd
day of December , 1998, by and between the City of
Elgin, a municipal corporation, organized and existing under
the constitution and the statutes of the State of Illinois
(hereinafter referred to as the "City of Elgin" ) and the
Village of South Elgin, a municipal corporation, organized and
existing under the constitution and the statutes of the State
of Illinois (hereinafter referred to as "South Elgin" ) ;
WITNESSETH
WHEREAS, Article 7 , Section 10 of the constitution
of the State of Illinois, 1970, authorizes units of local
government, including municipalities, to enter into contracts
to exercise, combine or transfer any power or function not
prohibited to them by law or ordinance; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Sec.
220/1 et seq. , known as the Intergovernmental Cooperation Act,
authorizes units of local government in Illinois to exercise
jointly with any public agency within the state, including
other units of local government, any power, privilege, or
authority which may be exercised by a unit of local government
individually and to enter into contracts for the performance
of governmental services, activities and undertakings; and
WHEREAS, the City of Elgin has previously provided
for the construction of and is the owner of the Bowes Road
Interceptor Sewer from South McLean Boulevard to Randall Road
(hereinafter referred to as "BRIS II" ) ; and
WHEREAS, the City of Elgin intends to construct an
additional parallel sanitary sewer interceptor from South
McLean Boulevard to the Fox River Water Reclamation District
(FRWRD) West Plant (hereinafter referred to as "BRIS IB" ) ; and
WHEREAS, pursuant to a September 1990
intergovernmental agreement between the City of Elgin and the
Fox River Water Reclamation District (then the Sanitary
District of Elgin) the City is the owner of the BRIS II and
the future BRIS IB sanitary sewer lines and any connection to
these sewer lines is subject to advance approval of the City
of Elgin subject to such conditions and costs as may be
determined by the City of Elgin; and
WHEREAS, South Elgin has previously connected a
thirty ( 30) inch sewer line into the City of Elgin' s BRIS II
sanitary sewer interceptor which provides service to an area
within South Elgin of approximately 220 acres for which no
City of Elgin development impact fees or recapture fees were
ever paid (hereinafter referred to as the "Existing Service
Area" ) ; and
WHEREAS, South Elgin is now requesting additional
service through said thirty (30) inch sanitary sewer line for
properties within the area identified by South Elgin as the
Southwest Sanitary Sewer Area which contains a total of 1,438
acres (hereinafter referred to as the "SWSSA" ) which includes
the property known as the Thornwood Development; and
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WHEREAS, the City of Elgin and South Elgin have
determined that it is necessary and desirable to enter into an
intergovernmental agreement to provide for the City of Elgin' s
consent for additional service through the existing BRIS II
and the future BRIS IB sanitary sewer interceptor lines and
for the payment of appropriate recapture fees and development
impact fees to the City of Elgin for such connections and
service through such lines; and
WHEREAS, the City of Elgin is a home rule unit which
may exercise any power or function relating to its government
and affairs; and
WHEREAS, the City of Elgin' s agreement to allow
connection to and use of the BRIS II and the future BRIS IB
sanitary sewer interceptor lines pursuant to the terms of this
intergovernmental agreement relate to the government and
affairs of the City of Elgin.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings set forth herein, and for
other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties
hereto agree as follows :
1 . That the foregoing recitals are incorporated
into this agreement in their entirety.
2 . That conditioned upon receipt of the development
impact fees and recapture fees provided for in this agreement
the City of Elgin shall authorize connection to and service
through the BRIS II sanitary sewer interceptor line and future
BRIS IB sanitary sewer interceptor line for the properties in
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the South Elgin Southwest Sanitary Sewer Area (SWSSA) and the
Existing Service Area. The SWSSA and the Existing Service
Area are depicted on Exhibit A attached hereto.
3 . That all properties within the SWSSA and the
Existing Service Area shall pay BRIS IB development impact
fees currently calculated to be in the amount of $738. 91 per
acre and the BRIS II recapture fees currently calculated to be
in the amount of $161.49 per acre. The City of Elgin and
South Elgin acknowledge and agree that such development impact
fees and recapture fees are updated by the City of Elgin
annually and are subject to change on that basis . The City of
Elgin shall annually recalculate in its sole and exclusive
discretion BRIS IB and the BRIS II development impact fees and
recapture fees and shall notify South Elgin in writing of such
recalculated fees on an annual basis no less than thirty (30)
days prior to the effective date of said increases . Prior to
the expiration of any such thirty ( 30) day notice South Elgin
shall have the right to pre-pay or cause to be prepaid the
BRIS IB and BRIS II development impact fees and recapture fees
for any properties within the SWSSA which have not yet paid
such fees . Commencing thirty ( 30) days after receipt of each
such notice from the City of Elgin, South Elgin shall charge
the effected properties the updated BRIS IB and BRIS II
development impact fees and recapture fees . The City of Elgin
further agrees that the formula utilized by the City of Elgin
to calculate increases in the development impact fees and
recapture fees will be similar to the formula utilized by the
City of Elgin in calculating increases in such fees, if any,
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for properties located within the City of Elgin. The
calculation of gross acreage and land area exceptions for
development impact fees shall be as provided in Elgin
Municipal Code Section 17 . 04 . 060, as amended. The calculation
for gross acreage and land area exceptions for recapture fees
shall be as provided in Elgin Municipal Code Section
22 . 08 . 010, as amended.
4 . That concurrently with the execution of this
agreement South Elgin shall pay or cause to be paid to the
City of Elgin all development impact fees and recapture fees
for the Existing Service Area in the amount of $156,650.'53
5 . That upon execution of this agreement and
receipt of the payments provided for in the preceding
paragraph 4, the City of Elgin agrees to execute the necessary
permit applications to authorize extensions of off-site
sanitary sewer service for the Thornwood Development
property. Thereafter, conditioned upon receipt of the
development impact fees and recapture fees provided for in
this agreement, the City shall from time to time execute such
further permit applications necessary to authorize the
connection to and service through the BRIS II and BRIS IB
sanitary sewer lines for the remaining properties in the
SWSSA. The City Manager of the City of Elgin is authorized to
execute such permit documents on behalf of the City of Elgin.
6 . That the BRIS IB and the BRIS II development
impact fees and recapture fees due and payable to the City of
Elgin for all properties within the SWSSA shall be collected
for the City of Elgin by South Elgin prior to final approval
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and recording of any final plat of subdivision, and if no
subdivision issuance of an initial building permit, approval
of a site plan or approval of a planned unit development. No
property located within the SWSSA shall receive final approval
of a final plat of subdivision, and if no subdivision issuance
of an initial building permit, approval of a site plan or
approval of a planned development, or be permitted to connect
to or otherwise use the sanitary sewer system until such time
as payment is made of all of the development impact fees and
recapture fees as required by this agreement. Any building
site held in common ownership or unified control with other
adjoining property subject to the provisions of this agreement
on the effective date of this agreement which is proposed to
be developed without a final plat of subdivision shall be
subject to payment based upon the entire amount established
for the entire parcel as provided by this agreement prior to
the issuance of an initial building permit, approval of site
plan or approval of a planned development.
7 . That South Elgin shall remit the funds collected
for all of the development impact fees and recapture fees
collected pursuant to this agreement to the City of Elgin on a
monthly basis and prepare a quarterly reconciliation between
the funds remitted and the subdivisions or other developments
within the SWSSA and the gross developable acres which are
subject to development impact fees and recapture fees within
the SWSSA. South Elgin shall require that each plat of
subdivision, or if no subdivision the initial building permit
application, site plan or planned unit development, for
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properties within the SWSSA shall include on the face of the
plat of subdivision, or if no subdivision the initial building
permit application, the site plan or planned unit development,
the calculation of gross acreage and an itemization of all
land area exceptions . South Elgin hereby agrees to make
available to the City of Elgin for inspection and review all
of South Elgin' s books and records which pertain to the
calculation, documentation or collection of the development
impact fees and recapture fees required pursuant to this
agreement. All such records shall be made available to the
City of Elgin upon reasonable notice to South Elgin.
8 . That in the event South Elgin fails to
completely and correctly collect any development impact fees
or recapture fees required pursuant to this agreement from a
property owner within the SWSSA, upon notice from the City of
Elgin, South Elgin agrees to be responsible for and to pay to
the City of Elgin any such development impact fees and
recapture fees .
9 . That it is further expressly understood and
agreed by the parties hereto that the City of Elgin' s
agreement to allow connection to and service through the
BRIS II and BRIS IB sanitary sewer lines is limited to
allowing connection and conveyance through such lines and in
no way constitutes the City of Elgin' s agreement or obligation
to provide treatment or disposal of materials conveyed through
such sanitary sewer lines .
10 . That within thirty ( 30) days following the
execution of this intergovernmental agreement the Village of
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•
South Elgin shall adopt any and all necessary or appropriate
ordinances to require payment of the development impact fees
and recapture fees as provided in this intergovernmental
agreement.
11 . That notwithstanding anything to the contrary
provided herein it is agreed and understood that after the
completion of the construction of the BRIS IB sanitary sewer
interceptor sewer line fees paid for such improvement by
properties within the SWSSA shall be recapture fees rather
than development impact fees . Such recapture fees shall be
calculated by the City of Elgin pursuant to Title 22 of the
Elgin Municipal Code, as amended.
12 . That words or phrases used in this agreement
shall be defined as provided in Title 17 and Title 22 of the
Elgin Municipal Code, as amended.
13 . That all notices required or permitted under
this agreement shall be in writing and shall be deemed
delivered in person or deposit in the United States mail,
postage prepaid, addressed as follows :
City of Elgin: City of Elgin
Attn: City Manager
150 Dexter Court
Elgin, IL 60120
with a copy to: Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
Village of South Elgin Village of South Elgin
Attn: Village Administrator
10 N. Water Street
South Elgin, IL 60177
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with a copy to: Hervas, Sotos, Condon, and
Bersani, P.C.
333 Pierce Road #195
Itasca, IL 60143-4109
14 . That this agreement contains the entire
agreement of the parties hereto and there are no other
promises or conditions or any other agreement whether oral or
written. This agreement supersedes any prior written or oral
agreements or negotiations between the parties.
15 . That this agreement may be modified or amended
but only through a written amendment executed by both parties
hereto.
16 . That the failure of either party to enforce any
provision of this agreement shall not be construed as a waiver
or limitation of that party' s right to subsequently enforce
and compel strict compliance with every provision of this
agreement.
17 . That this agreement shall be governed by the
laws of the State of Illinois . Any action brought pursuant to
this agreement shall be brought in the Circuit Court of Kane
County, Illinois .
IN WITNESS WHEREOF, the parties hereto have executed
this agreement at Elgin, Illinois, on the date and year first
written above.
VILLAGE OF SOUTH ELGIN CITY OF ELGIN
By By ;erls ;24
error (la9e Mayor
OF Sp,T
Attest: ¢ c'oRpoy 'y Attest:
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City •of Elgin
Agenda Item No. O tLd d
_���.,
°?dreoF��
December 1, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT : Proposed Intergovernmental Agreement with the
Village of South Elgin to Provide for Payment and
Collection of BRIS IB and BRIS II Sanitary Intercep-
tor Sewer Development Impact and Recapture Fees
PURPOSE
To present for City Council consideration a proposed
intergovernmental agreement with the Village of South Elgin
to provide for the payment and collection of BRIS IB and BRIS
II sanitary interceptor sewer development impact and recap-
ture fees .
BACKGROUND
The City and FRWRD previously entered into an
intergovernmental agreement in September of 1990 . The
intergovernmental agreement provides that the City is the
owner of the Bowes Road Interceptor Sewer from South McLean
Boulevard to Randall Road (BRIS II) . The intergovernmental
agreement further provides that the City is to construct an
additional parallel sanitary interceptor from South McLean
Boulevard to the FRWRD west plant (BRIS IB) . The
intergovernmental agreement with FRWRD further provides that
the City is the owner of the BRIS II and the future BRIS IB
sanitary sewer lines and any connection to the sewer lines be
subject to advance approval by the City subject to such
conditions and costs as may be determined by the City. With
respect to the BRIS II sewer Section 16 of the
intergovernmental agreement with FRWRD specifically provides
that upon payment to the City of Elgin by South Elgin of its
proportionate share of costs incurred South Elgin may use the
BRIS II sewer line .
The City has now discovered that the Village of South Elgin
has previously connected a 30 inch sewer line into the City' s
66 inch BRIS II sanitary sewer interceptor. Such connection
was apparently approved by FRWRD without the knowledge and
consent of the City and without any payment to the City of
the proper recapture or impact fees . The Village of South
Elgin is now requesting an additional connection to said 30
inch sanitary sewer line for the Thornwood development . Such
further connection requires the City' s execution of the IEPA
sewer permits .
Intergovernmental Agreement with South Elgin
December 1, 1998
Page 2
eft.
Attached is a proposed intergovernmental agreement between
the City and the Village of South Elgin. The agreement may
be summarized as follows :
1 . Conditioned upon receipt of development impact fees and
recapture fees provided for in the agreement the City
agrees to authorize connection to and service through
the BRIS II and BRIS IB sanitary sewer interceptor lines
for the properties in the South Elgin Southwest Sanitary
Sewer Area (SWSSA) . The SWSSA contains a total of
approximately 1, 438 acres . The existing service area
served by the 30 inch sewer connected without the city' s
knowledge contains approximately 220 acres (existing
service area) . Exhibit A to the subject agreement
includes maps depicting the SWSSA and the existing
service area.
2 . All properties within the SWSSA and the existing service
area shall pay to the City of Elgin BRIS IB development
impact fees currently calculated to be in the amount of
$738 . 91 per acre and BRIS II recapture fees currently
calculated to be in the amount of $161 . 49 per acre .
3 . Concurrently with the execution of the agreement South
Elgin shall pay or cause to be paid to the City all
development impact fees and recapture fees for the
existing service area. The precise amount of such fees
for the existing service area is still being calculated
as of the preparation of this memorandum. Such fees
total in the range of $156 , 000 to $198 , 000 .
4 . The BRIS IB and BRIS II development impact fees and
recapture fees to be paid pursuant to the
intergovernmental agreement shall be collected for the
City by South Elgin prior to final approval and record-
ing of any plat of subdivision, and if no subdivision
issuance of an initial building permit, approval of a
site plan or approval of a planned development . No
property located within the SWSSA shall receive final
approval and final plat of subdivision, and if no subdi-
vision issuance of an initial building permit, approval
of a site plan or approval of a planned development, or
be permitted to connect to or otherwise use the sanitary
sewer system until such time as payment is made of all
the development impact fees and recapture fees as re-
quired by the agreement .
5 . South Elgin is to remit the funds collected for all of
the development impacts fees and recapture fees collect-
ed pursuant to the intergovernmental agreement to the
City on a monthly basis and prepare a quarterly reconcil-
iation. All records of South Elgin regarding these
Intergovernmental Agreement with South Elgin
December 1, 1998
Page 3
elik
matters must be made available to the City upon reason-
able notice to South Elgin.
6 . Upon execution of the agreement and receipt of the
payments for the existing service area the City agrees
to execute the necessary permit applications to author-
ize extensions of off-site sanitary sewer service for
the Thornwood development property. Thereafter, condi-
tioned upon receipt of the fees provided for in the
intergovernmental agreement the City agrees to from time
to time execute such further permit applications neces-
sary to authorize the connection to and service through
the BRIS II and BRIS IB sanitary sewer lines for the
remaining properties in the SWSSA.
7 . In the event South Elgin fails to completely and correct-
ly collect any fees required pursuant to the
intergovernmental agreement South Elgin is responsible
for and must pay to the City any such fees .
The Village Board of the Village of South Elgin approved the
proposed intergovernmental agreement on November 30, 1998 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
rThe Village of South Elgin.
� � FINANCIAL IMPACT
1 The City will receive approximately $900 . 40 per acre for the
subject development impact fees and recapture fees . Should
the existing service area remain at 220 acres, the City will
receive $198 , 000 upon execution of the intergovernmental agree-
ment . The final figure depends upon the calculation of land
area exceptions as set forth in Elgin Municipal Code Section
17 . 04 . 060 and 22 . 08 . 010 and will be determined as part of the
intergovernmental agreement .
The City will also be receiving upon execution of the
intergovernmental agreement the development impact fees and
recapture fees for Phase I , II and III of the Thornwood
development . All of these fees will be calculated and col-
lected before execution of the intergovernmental agreement and
execution of the IEPA sewer permits . The per acre fees for
all remaining properties in the SWSSA will be collected as
properties are subdivided or developed. Fees for the
remaining 1, 438 acres (less land area exceptions) will
generate revenues to help offset both current and future debt
issued for sewer construction purposes .
çISLEGAL IMPACT
None .
intergovernmental Agreement with South Elgin
December 1, 1998
Page 4
eft
ALTERNATIVES
1 . Approval of the intergovernmental agreement .
2 . Rejection of the intergovernmental agreement .
RECOMMENDATION
It is recommended that the city council approve the proposed
intergovernmental agreement .
Respectfully submi ted,
Jp ce iC . Parker
City Manager
WAC/nr
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