HomeMy WebLinkAbout02-126 Resolution No. 02-126
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE FOX RIVER WATER RECLAMATION DISTRICT AND
SCHOOL DISTRICT U-46 FOR SANITARY SEWER PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, 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 Fox River Water Reclamation District and School District U-46
for sanitary sewer purposes for Hopps Road School , a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: March 27, 2002
Adopted: March 27, 2002
Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
May 15, 2002
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: Nancy Roll , Paralegal
SUBJECT: Intergovernmental Agreement with the Fox River Water
Reclamation District
Attached for the your files find a copy of the recorded
intergovernmental agreement between the Fox River Water
Reclamation District and the City of Elgin for the Hopps Road
sanitary sewer.
NR
Attachment
FILED FOR RECORD
2002KO54932 F" 3 15
AN INTERGOVERNMENTAL
AGREEMENT CONTAINING - -'
COVENANTS, CONDITIONS,
AND RESTRICTIONS
REGULATING SANITARY
SEWAGE AND IMPOSING
USER CHARGES
c�
THIS AGREEMENT is made and entered into by and between: The FOX RIVER
WATER RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties,
r�
rn Illinois,a sanitary district organized pursuant to the Sanitary District Act of 1917,(70 ILCS 2405/11
2 et. seq.), having its principal office located at Raymond Street and Purify Drive, P.O. Box 328,
Elgin, Illinois, 60121-0328, (hereinafter referred to as the "District"); and
The CITY OF ELGIN, Illinois, a municipal corporation, a City organized pursuant
to the Illinois Municipal Code(65 ILCS 5/1-1-1. et. seq.,)having its principal office located at 150
Dexter Court, Elgin, Illinois 60120, (hereinafter referred to as the "City"); and
School District U-46,ofKane,Cook and DuPage Counties,Illinois,an Illinois public
school district, having its principal office located at 355 East Chicago Street, Elgin, Illinois 60120
(hereinafter referred to as, "Developer"); and
This Document Prepared By And After Recording Return To:
Douglas J. Scheflow
SCHEFLOW & RYDELL
63 Douglas Avenue, Suite 200
Elgin, Illinois 60120
Phone: 847-695-2800
Fax: 847-695-4547
1 +•:Pro Search,sr
P.O.Box 146
Geneva,R_ 60134-01n`
11 02 �
20 KOS 4932
WHEREAS, the District, the City and the Developer are public agencies within the
meaning of the Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.); and
WHEREAS, the District, the City and the Developer are also units of local
government within the meaning of Section 10 of Article VII of the Constitution of the State of
Illinois; and
WHEREAS, the District owns and operates certain sanitary sewers, treatment
facilities, and related appurtenances, ("District Facilities"); and
WHEREAS,the City owns and operates certain sanitary sewers and appurtenances
and regulates building, zoning, annexations, and development and other matters which utilize and
connect to and otherwise affect the District facilities; and
WHEREAS, the City does not own or operate any sanitary sewage treatment
facilities, and does not hold a N.P.D.E.S. permit for the discharge of treated wastewater; and
WHEREAS,the Developer desires to annex to the District and to develop certain real
estate of an institutional nature previously annexed to the City, but the real estate is not yet
contiguous to or annexed to the District, and substantial efforts by the Developer and the City to
obtain contiguity have failed at the present time;however,contiguity is anticipated in the future;and
WHEREAS,the District desires to facilitate the Developer's plans for the institutional
development and finds that this Agreement is conducive to the public health, comfort and
convenience; and
WHEREAS, the District, City and the Developer are authorized to contract among
themselves and with private organizations to obtain or share services, or exercise, combine, or
transfer any power or function, in any manner not prohibited by law.
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NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the District, the City and Developer agree as follows:
1. Recitals. That the foregoing recitals are hereby incorporated into this Agreement
in their entirety.
2. Pro ert . The Developer owns,or will acquire,the property described on Exhibit
"A" attached hereto and incorporated herein by reference, (hereinafter referred to as "School
Property").
3. Contingency. Omit.
4.' Sewage Treatment Service. The District agrees to provide sewage treatment
services for the School Property, and the District represents and warrants that it has full power and
authority to provide such services, upon and subject to the terms and conditions contained herein,
and upon issuance of an Illinois Environmental Protection Agency ("IEPA")permit.
5. Sewage Transmission Service. The District agrees to provide sewage
transmission services through certain existing interceptor sewers owned or controlled by the District.
District has no obligation to construct or install any sewage transmission means to Developer.
Notwithstanding that pursuant to existing ordinances and agreements the District may review the
plans for sewers and appurtenances to its treatment systems. Sewage transmission services from
the City of Elgin, and related fees, are outside the scope of this agreement.
6. Service Fees. The Developer shall pay to the District its usual and customary
service fees in the amount of$7,500.00 per gross acre, including dedicated roads and highways,
within the School Property according to District ordinances and policies for contiguous property
being annexed to the District, or, alternatively, obtain a waiver of the fees from the District Board
of Local Improvements. Sewage treatment capacity shall be guaranteed for such property that the
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2002KO54932 -
Service Fee is paid in full, up to 12.5 P.E. per acre. The Developer shall submit this Agreement
executed by the City and Developer along with the Service Fee payment and a plat suitable for
annexation and all Interceptor Recapture charges provided for in the Agreement,prior to execution
of this Agreement by the District. Also, in accordance with District ordinances and policy, sewage
treatment and transmission capacity will not be guaranteed until this Agreement is executed by the
District Board of Trustees.
7. Interceptor RecMture Charges. The Developer shall pay to the District,prior to
the execution of this Agreement by the District, its usual and customary recapture charges for
interceptor sewers downstream of the School Property. The School Property is upstream or tributary
to the District's Bowes Road Interceptor for which Interceptor Recapture Charges are due. Such
charges are calculated by the District's Engineer and are increased by an index. The total Interceptor
Recapture Charge fee was $1,415.66 per acre for the School Property as of October, 2001.
8. User Charge/Surcharge. Omitted.
9. Real Estate Tax Replacement Fee. Omitted.
10. Annexation. The District reserves the right to annex the School Property
pursuant to any provision of its enabling statute at any time,thereby subjecting the School Property
to the real estate tax levy, if applicable, by the District and all other incidents of annexation to the
District,provided that the Developer shall retain the right to apply for and pursue any real estate tax
exemption otherwise applicable to the School Property, and that the foregoing is not intended as a
waiver or relinquishment of any such right to exemption from real estate taxation. The District shall
notify the City, in writing, at the time the School Property is annexed to the District. Notice shall
be made to the Finance Director, City of Elgin, 150 Dexter Court, Elgin, Illinois, 60120. Upon
annexation to the District,any surcharge of the user rate shall be abated as of the next actual reading
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2002KO54932
of the user's water meter. At such time as the School Property becomes contiguous to the District,
Developer shall promptly use all reasonable efforts to annex to the District,including collecting and
submitting petitions for annexation by all owners of record. In the event that Developer acquires an
intervening parcel which blocks contiquity to the District for the School Property, then Developer
shall immediately annex such intervening parcel. Upon payment in full of the Service Fee and
Interceptor Recapture Fee by Developer, no additional annexation fees or charges shall be due or
payable to the District.
11. Plat of Annexation. The Developer agrees to prepare a plat of annexation
pursuant to District standards and usual and customary practice and submit the plat to the District
for review and approval prior to execution of this Agreement by the District.
12. Billin . The City agrees to bill the District user charge pursuant to the existing
agreement between the District and the City. District shall be responsible for billing those
commercial and industrial users which it customarily bills directly within the City of Elgin.
13. Pretreatment and Other Ordinances. Developer covenants and agrees that it,its
grantees,successors and assigns shall be subject to all District ordinances,as exist from time to time,
including pretreatment ordinances and the like,in the same manner as if the Developer,its grantees,
successors and assigns were annexed to and made a part of the Fox River Water Reclamation
District. The City agrees to take reasonable actions as may be required to cooperate with the District
to enforce District ordinances, as may exist from time to time,including,if necessary,the adoption
of specific District ordinances, with respect to the School Property, until termination of this
Agreement.
14. Inspection. Developer covenants and agrees that Developer, its grantees,
successors and assigns shall be subject to all District ordinances and policies,including inspections
i
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2002K 05 4932
of construction, connections, processes and the like, in the same manner as if the Developer, its
grantees, successors and assigns were annexed to and made a part of the Fox River Water
Reclamation District.
15. Lender's Consent. In the event that Developer obtains mortgage financing on the
School Property at any time prior to the recording of this Agreement, then it shall be a condition
precedent to the District's obligations hereunder that any such mortgage lender or other party having
a similar interest of record in the School Property shall be made a party to and shall execute this
Agreement, or execute a separate subordination and consent agreement or rider for recording.
16. Covenants Running With The Land. This Agreement shall be recorded with the
Kane County Recorder and the terms,covenants and agreements herein shall be a covenant running
with the land and`appurtenances thereto and,so long as this Agreement is in effect,shall inure to the
benefit of and be binding upon the District,Developer,City,their grantees,mortgagees,successors
and assigns, and any owner, purchaser, mortgagee and other persons or entities having an interest
in the School Property, or any part or portion thereof.
17.Notices. All notices required to be given herein shall be deemed given by deposit
of written notice in the U. S.Mail,certified or registered mail,return receipt requested,to the parties
at the addresses set forth at the outset of this Agreement.
18. Termination and Amendments. This Agreement may be terminated or amended
by the written action of all parties hereto and all parties holding an interest in the School Property.
In any event, however, this Agreement shall terminate upon its own terms and become void upon
the recording of an ordinance annexing the School Property to the Fox River Water Reclamation
District,however, the obligation to pay the Tax Replacement Fee, as applicable under the terms of
Paragraph 9, shall survive the termination of this Agreement.
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19.Law and Venue. This Agreement has been entered into in the City of Elgin,Kane
County,Illinois,and shall be construed according to the laws of the State of Illinois, and the parties
agree that the sole venue, for resolution of any dispute arising under this Agreement, shall be in the
Kane County Circuit Court.
20.Attorney's Fees. In the event that it becomes necessary to enforce this Agreement
in court, then the prevailing party shall be entitled to collect its reasonable attorney's fees, court
costs, and expenses.
The District, the City, and the Developer have executed this Agreement as of the
Z-7 day of ?00
(Signature Pages to Follow)
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2002K054932
FOX RIVER WATER RECLAMATION
DISTRICT, a municipal
corporation
Y
Presid&nt
Attest:
—4cz- 14-7--
Clerk
State of Illinois)
) ss
County of Kane)
I, the undersigned, a Notary Public, in and for the
County and State aforesaid,DO HEREBY CERTIFY,that ERNEST R.LUDWIG,personally known
to me to be the President of the FOX RIVER WATER RECLAMATION
DISTRICT, a municipal corporation, and ,BRUCE R. CORN, personally known to me to be the
Clerk of said corporation, and personally known to me to be the same persons
whose names are subscribed to the foregoing instrument,appeared before me this day in person and
severally acknowledged that as such President, and _ t�Ar
Seery, they signed and delivered the said instrument and caused the corporate seal of said
corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said
corporation, as their free and voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth. \
Given under my hand and official seal, this day of_1 Lt V i,i.iW
I
OFFICIAL SEAL
JUDIE M.SEYLLER
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 12.7-2004 II r
",t
Notary Pub i
-8-
2002K 054932 `
THE CITY OF ELGIN,
a municipal corporation
By
Mayor
Attest:
Cler
State of Illinois )
)ss
County of Kane)
I, the undersigned, a Notary Public, in and for the
County and State aforesaid, DO HEREBY CERTIFY, that ED SCHOCK ,personally
known to me to be the Mayor of THE CITY OF ELGIN, a municipal corporation, and
DOLONNA MECUM, personally known to me to be the City Clerk of said corporation, and
personally known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that as such Mayor
and City Clerk,they signed and delivered the said instrument and caused the corporate seal of said
corporation to be affixed thereto, pursuant to authority given by the Elgin City Council of said
corporation, as their free and voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this 27th day of March , 2n n
LILZ
Not&y Public
OFFICIAL SEAL
SUELLYN LOSCH �y
NOTARY PUBLIC, STATE OF U_LINOIS
fay Commission Expire,Oct. 27, 2002
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2002K 05 4932
School District U-46, an Illinois public school district
B
Its
Att
t
Its
State of Illinois )
ss
County of r' )
1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY,that _j-b Y of J. ��'r1���"� , personally known to me
to be the A T of School District U-46, an Illinois public school
district, and T.�Z , personally known to me to be the
of said school district, and personally known to me to be the same persons
whose names are subscribed to the foregoing nstrument, appeared before me this day in person and
severally acknowledged that as such 6V SldE,vT and
they signed and delivered the said instrument pursuant to authority given by the 23�IMA ors
of said school district, for the uses and purposes therein set forth.
Given under my hand and official seal, this a.3' day of ,� •
�>
OFFICIAL SEAL ��-
DEBRA A KARGER Notary Pub
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/28/03
011602C:IFRWRDI U-46.Agr2.wpd
i
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2002 K 054932
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF
SECTION 32; THENCE NORTH 00 DEGREES 20 MINUTES 32 SECONDS EAST, ALONG
THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 32,A DISTANCE OF 29.60
FEET;THENCE SOUTH 88 DEGREES 46 MINUTES 54 SECONDS WEST,PARALLEL WITH
THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 32, A DISTANCE OF
625.92 FEET TO AN EXISTING IRON ROD ON THE NORTHEASTERLY LINE OF COMED
PROPERTY PER DOCUMENT NO. 1347162 AS MONUMENTED; THENCE NORTH 56
DEGREES 58 MINUTES 13 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS
MONUMENTED,A DISTANCE OF 462.31 FEET FOR THE POINT OF BEGINNING;THENCE
NORTH 56 DEGREES 58 MINUTES 13 SECONDS WEST,ALONG SAID NORTHEASTERLY
LINE AS MONUMENTED,A DISTANCE OF 797.48 FEET TO AN EXISTING IRON ROD AT
AN ANGLE POINT IN SAID NORTHEASTERLY LINE AS MONUMENTED; THENCE
NORTH 57 DEGREES 52 MINUTES 17 SECONDS WEST,ALONG SAID NORTHEASTERLY
LINE, A DISTANCE OF 752.22 FEET TO AN ANGLE IN SAID NORTHEASTERLY LINE;
THENCE NORTH 63 DEGREES 14 MINUTES 51 SECONDS WEST, ALONG SAID
NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 168.28 FEET TO THE
CENTER LINE OF AN EAST AND WEST ROAD(HOPPS ROAD)AS TRAVELED;THENCE
NORTH 89 DEGREES 07 MINUTES 36 SECONDS EAST, ALONG SAID CENTER LINE, A
DISTANCE OF 1441.85 FEET; THENCE SOUTH 00 DEGREES 52 MINUTES 24 SECONDS
EAST A DISTANCE OF 932.57 FEET TO THE POINT OF BEGINNING,SITUATED IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS.
01 1602 C:\F R W RD\U-46.A gr2.wpd
Flaccuri,;r WA Reen,;rablA
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2002K054932
City of Elgin Agenda Item No. -
March 9, 2002
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, Interim City Manager ECONOMIC GROWTH
SUBJECT: Intergovernmental Agreement with School
District U46 for the Hopps Road School
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider approval of an
intergovernmental agreement to allow for Fox River Water
Reclamation District service of the Hopps Road School .
BACKGROUND
At the August 22 , 2001 City Council meeting, the City annexed
property being developed by School District U-46 locat-ed on Hopps
Road west of Randall Road. Because the school' s property is not
contiguous with the current Fox River Water Reclamation District
limits, an intergovernmental agreement has been required by the Fox
River Water Reclamation District for provisions of service and the
collection of fees .
The attached intergovernmental agreement (IGA) grants the right to
the school district to be served by Fox River Water Reclamation
District without actually being within the District . The IGA
guarantees Fox River Water Reclamation District that their standard
connection fees and maintenance fees are collected as if the school
was within the District . The City agrees to collect Fox River
Water Reclamation District' s user charges in accordance with
existing agreements between -Elgin and Fox River Water Reclamation
District . The school agrees to abide by the rules and regulations
of the District .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
School District U46 and Fox River Water Reclamation District .
U46 Intergovernmental Agreement
March 8, 2002
Page 2
FINANCIAL IMPACT
There is no cost to the City beyond the existing cost of collecting
and billing sewer usage charges which are currently included within
the intergovernmental agreement with the Fox River Water
Reclamation District .
LEGAL IMPACT
The Legal Department has reviewed the attached agreement .
ALTERNATIVES
1 . Approve the agreement . Sewer service will be provided.
2 . Deny the agreement . Fox River Water Reclamation District will
not serve the school and therefore . sewer service will not be
provided.
RECOMMENDATION
It is recommended that the intergovernmental agreement between the
Fox River Water Reclamation District, School District U46 and the
City of Elgin be approve and the Mayor and City Clerk be authorized
to execute said agreement .
Respectfully submitted,
Olufemi Mari
Int rim Ci y anager
JE:do
Attachment