HomeMy WebLinkAbout03-9 Resolution No. 03-9
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE VILLAGE OF BARTLETT AND LAKEWOOD HOMES, INC.
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
Village of Bartlett and Lakewood Homes, Inc. for the disconnection
from the City of Elgin of a 3.73 acre parcel of land located in the
vicinity of Bartlett and Gifford Roads, a copy of which is attached
hereto and made a part hereof by reference.
sl Ed Schock
Ed Schock, Mayor
Presented: January 22, 2003
Adopted: January 22, 2003
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
sl Dolonna Mecum.
Dolonna Mecum, City Clerk
'
Eugene"Gene"Moore Fee: $48.50
Cook County Recorder mDeeds
Date:wv,x200vm.mpw Pg. ,m/o
RESOLUTION u000-1e-e
ARESOLUTION AUTHORIZING THE VILLAGE PRESIDENT
ToENTER INTO xmINTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF ELGIN AND LAKEWOOD HOMES
TOIMPLEMENT AVVArERMmmINTERCONNECTION PLAN
AND ANNEX APARCEL OFLAND
FOR THE LAKEWOOD MILLS SUBDIVISION
PASSED THIS 4'~DAY OFMARCH,2nna.
APPROVED THIS 4'' DAY OFMARCH,2oua.
,
RESOLUTION%OV318-R
xRESOLUTION AUTHORIZING THE VILLAGE PRESIDENT roENTER INTO 4m
INTERGOVERNMENTAL AGREEMENT WITH THE CITY opELGIN AND
LAKEWOOD HOMES ToIMPLEMENT AvVxTsnMmmINTERCONNECTION PLAN
AND ANNEX 4PARCEL mFLAND FOR THE LAKEWOOD MILLS ausmvmom
WHEREAS,the City ofElgin and the Village orBartlett have discussed the need
for Elgin whave awmtonnaininterconnection vnWest Bartlett Road avan
improvement to insure adequate water pressure in that southeast portion of Elgin;and
WHEREAS,the VVatonnainInterconnection Plan has been reviewed byVillage
Staff and incorporated into the intergovernmental agreement avExhibit o;and
WHEREAS,the Village has expressed adesire»oLakewood Homes mobtain a
secondary access point on West Bartlett Road for its Lakewood Mills Subdivision;and
WHEREAS,Lakewood Homes has purchased aparcel vfland inElgin along
West Bartlett Road and has incorporated the design vfits Lakewood Mills Subdivision
including the second access point to West Bartlett Road into this parcel of land;and
WHEREAS,Lakewood Homes indesirous vfdisconnecting this parcel ufland
from Elgin and annexing itinto Bartlett;and
WHEREAS,the disconnection has been incorporated into the intergovernmental
agreement for the purpose ofefficiency.
NOW THEREFORE eE|TRESOLVED that the Village Board hereby authorizes
the Village President to sign the Intergovernmental Agreement for the implementation
of the Watermain Interconnection Plan and disconnection of the Lakewood Homes
parcel.
SECTION ONE: REPEAL OF PRIOR RESOLUTIONS. All prior
1
Ordinances and Resolutions mconflict minconsistent herewith are hereby expressly
repealed only mthe extent ufsuch conflict orinconsistency.
SECTION TWO: EFFECTIVE DATE.This Resolution shall b°infull force and
effect upon its passage and approval.
eou-cALLvm/E:
AYES: Trustee Airdn.Bnmam.Floyd,xuvouno.Nolan
NAYS: None
AemeWT TmsmoArendo
p4onsO this 4th day nfMarch,uoVu.
APPROVED this 4th day orMarch,ooua.
Catherine J.M616hert,Village President
Gallierl'Village Cie i
oERT|F|CAT|Om
|.the undersigned,dohereby certify that|amthe Village Clerk ofthe vi||egonf
Bar-dett,Cook,DuPage and Kane Counties,Illinois,and that the foregoing is a true,
complete and exact copy ofResolution 0000'1o'R.enacted onMarch 4.uoO3approved
onMarch 4.2nO8.asthe same appears from the official records nfthe Village of
Bartlett.
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT(this"Agreement")is made and entered into as of
the day of /I�Al�i�rd 2003 by and among the City of Elgin,an Illinois municipal
corporation(hereinafter referred to as"Elgin"),the Village of Bartlett,an Illinois municipal corporation
(hereinafter referred to as"Bartlett"),and Lakewood Homes,Inc.,an Illinois corporation("Lakewood").
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,Section 220/1 et seq.,known as the
Intergovernmental Cooperation Act,authorizes units of local government in Illinois to exercise jointly with
any other 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,West Suburban Bank,as Trustee under Trust Agreement dated November 26,1986 and
known as Trust Number 8600(West Suburban Trust")is the owner of record of a certain parcel of real prop-
erty containing approximately 3.73 acres described in Exhibit"A"which is attached hereto and made a part
hereof(which real property,for convenience,is hereafter referred to as the"West Suburban Trust Property").
The West Suburban Trust Property is currently within the corporate limits of Elgin,and is also contiguous to
the corporate limits of Bartlett;and
WHEREAS,Lakewood or one of its affiliates is the contract purchaser from the West Suburban Trust
of the West Suburban Trust Property;and
WHEREAS,Elmhurst Chicago Stone Company,a Delaware corporation("Elmhurst")is the owner
of record of the real property described in Exhibit"B"attached hereto and made a part hereof(which real
property,for convenience,is hereafter referred to as the"Elmhurst Property"). The Elmhurst Property is cur-
rently within the corporate limits of Bartlett;and
WHEREAS,Lakewood or one of its affiliates is the contract purchaser from Elmhurst of the Elmhurst
Property;and
WHEREAS,Lakewood,its affiliates or assigns intends to petition Bartlett for the approval of a
subdivision and residential zoning so as to permit the development of the Elmhurst Property for single family
residential development(the"Lakewood Residential Development")and wishes to develop the West
Suburban Trust Property for residential purposes simultaneously with,and as a part of,the Lakewood
Residential Development;and
CVDOCUTQE—I\jimtLOCALS-d\TempUntergovemmental Agreement Tdoc 1
WHEREAS,Elgin and Bartlett agree that the West Suburban Trust Property is best suited for
residential development and,as such,should be residentially developed along with the Lakewood Residential
Development;and
WHEREAS,to more efficiently provide services to the West Suburban Trust Property once it is
residentially developed,both Elgin and Bartlett agree that it would be mutually beneficial to have the West
Suburban"Trust Property disconnected from Elgin and simultaneously annexed to Bartlett so that it may be
(i)residentially developed consistently and simultaneously with the Lakewood Residential Development,
and(ii)thereafter provided with the municipal services and utilities of Bartlett;and
WHEREAS,Elgin will not agree to the disconnection of the West Suburban Trust Property if it is to
be subsequently developed for commercial or industrial purposes;and
WHEREAS,the area within Elgin which is generally described on Exhibit"C"attached hereto(the
"Specified Elgin Territory")suffers from a lack of sufficient water pressure as provided through the water
lines of Elgin;
WHEREAS,Elgin desires to correct such water pressure problem within the Specified Elgin
Territory by interconnecting Elgin's watermain to that owned by Bartlett,all as more particularly described
on Exhibit"D"attached hereto(the"Water Interconnection Plan");and
WHEREAS,Bartlett will not agree to the Water Interconnection Plan without Elgin's agreement to
disconnect the West Suburban Trust Property so that it may be annexed to Bartlett;and
WHEREAS,the parties hereto recognize that it is in their mutual and respective best interests to(i)
facilitate the residential development of the West Suburban Trust Property within Bartlett and(ii)to
implement the Water Interconnection Plan with respect to the Specified Elgin Territory;and
WHEREAS,Elgin and Bartlett are each home rule units which may lawfully exercise any power or
perform any function relating to its government and affairs;and
WHEREAS,the various undertakings by Elgin and by Bartlett in this Agreement relate to the
respective government and affairs of Elgin and Bartlett.
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:
Part I—Disconnection of West Suburban Trust Property:
1.1 Bartlett hereby agrees to administratively process and consider in good faith Lakewood's
application for the Lakewood Residential Development of the Elmhurst Property and the
West Suburban Trust Property. Bartlett shall promptly notify Elgin in writing of the action
taken by Bartlett's corporate authorities in granting or denying the preliminary approval of
such application.
1.2 If Bartlett's corporate authorities grant preliminary approval of the Lakewood Residential
Development with respect to both the Elmhurst Property and the West Suburban Trust
C:AI)OCUME—I\jimt\LOCALS—I\Tempintergovmmentat Agreementv7.doc 2
Property(hereinafter called the`Bartlett Residential Approval")then within 30 days
following written notice thereof from Bartlett to Elgin,but not before Elgin has received the
materials required by paragraph 1.5 below,Elgin shall enact all ordinances and take all other
required actions as may be necessary or appropriate to cause the West Suburban Trust
Property to be disconnected from Elgin(the"Elgin Disconnection Action").
13 Promptly upon the Elgin Disconnection Action,Bartlett shall enact such ordinances and take
all other action as may be necessary or appropriate to cause the West Suburban Trust Property
to be annexed into Bartlett.
1.4 Bartlett hereby covenants and agrees that Bartlett will not,without the prior written approval
of the corporate authorities of Elgin(which approval said corporate authorities may withhold
in their sole and absolute discretion)permit the West Suburban Trust Property,once annexed
into Bartlett,to be developed for other than single family residential purposes. Lakewood
hereby covenants and agrees that Lakewood will not,without the prior written approval of the
corporate authorities of Elgin(which approval said corporate authorities may withhold in their
sole and absolute discretion)seek to develop or develop the West Suburban Trust Property,
once annexed into Bartlett,for any other than single family residential purposes.
1.5 As a condition to Elgin taking the Elgin Disconnection Action,Lakewood shall(i)provide to
Elgin evidence reasonably satisfactory to Elgin that Lakewood, its assigns or one of its
affiliates has become the owner of record of the West Suburban Trust Property,(ii)file(or
cause to be filed)with Elgin a petition for the disconnection of the West Suburban Trust
Property,which petition shall conform to the requirements of 65 ILCS 5(7-1-24,and(iii)
deliver to Elgin the record owner's written consent to the Elgin Disconnection Action of the
West Suburban Trust Property(as then owned by Lakewood,its affiliate or assigns).
Part II—Implementation of Watermain Interconnection Plan
2.1 Effective as of the date Elgin completes the Elgin Disconnection Action with respect to the
West Suburban Trust Property,Elgin shall have the right to implement the attached Water
Interconnection Plan on the terms set forth on Exhibit"D" attached hereto. Bartlett agrees
to issue and grant to Elgin,at no cost to Elgin,all permits and other approvals necessary to
allow for the implementation of such Water Interconnection Plan.
2.2 In implementing the Water Interconnection Plan,Elgin shall take all reasonable actions to
minimize or eliminate,to the extent reasonably possible,any material interruption in
Bartlett's water service.
2.3 All costs associated with the implementation of the Water Implementation Plan shall be paid
by Elgin.
Part III—General Provisions
3.1 This Agreement shall be binding upon and inure to the benefit of Elgin and Bartlett and their
respective successors and assigns. This Agreement shall be recorded with the Recorder's
office of Cook County,Illinois and shall be deemed and considered to be a covenant rumling
with the land as to the West Suburban Trust Property.
C:ADOCUME-r\jimt\?,OCALS-1\Temp\lntergovemmental AgreementO.doc 3
3.2 This Agreement shall not be construed or interpreted as a precedent for any other property or
other purpose.
3.3 Each party hereto represents to the other that it has full knowledge as to all material matters
bearing on the respective positions and obligations that are addressed by this Agreement and
acknowledges the reliance of the other party on the representations and undertakings set forth
herein in entering into this Agreement.
3.4 This Agreement embodies the entire agreement of the parties with respect to the subject
matter hereof.There are no promises,terms,conditions or obligations other than those
contained herein.This Agreement shall not be modified except with the written consent of
Elgin and Bartlett.
3.5 No party shall be under any obligation to exercise any of the rights granted to it in this
Agreement except as it shall determine to be in its best interest from time to time.The failure
of any party to exercise at any time any such right shall not be deemed or construed a waiver
thereof,nor shall such failure void or adversely affect such party's right to enforce such right
or any other right. However,nothing contained in this paragraph 3.5 shall relieve any parry of
its obligations hereunder.
3.6 Unless expressly provided to the contrary in this Agreement,each and every one of the rights,
remedies and benefits provided by this Agreement shall be cumulative and shall not be
exclusive of any other such rights,remedies and benefits allowed by law.
3.7 This Agreement is and shall be deemed and construed to be the joint and collective work
product of Elgin, Bartlett and Lakewood and,as such,this Agreement shall not be construed
against either party,as the otherwise purported drafter of same,by any court of competent
jurisdiction and order resolving any inconsistency,any ambiguity,vagueness or conflict in the
terms or provisions,if any,contained herein.
3.8 Severability. If any clause or provision of this Agreement is determined to be illegal,invalid,
or unenforceable under present or future laws,the remainder of this Agreement shall not be
affected by such determination,and in lieu of each clause or provision that is determined to be
illegal,invalid or unenforceable,there shall be added as a part of this Agreement a clause or
provision as similar in terms to such illegal,invalid or unenforceable clause or provision as
may be possible and be legal,valid and enforceable.
3.9 Counterparts. This Agreement may be executed in multiple counterparts,all of which,to-
gether,shall constitute one and the same agreement. Further,photocopies,facsimile trans-
missions and other reproductions of this Agreement and/or the signatures hereon shall be the
equivalent of originals.
[signature page follows]
CUJOCUME-1\jimt\LOCALS-d\Temp\lntergovemmental Agreementv9.doc 4
IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement on the
date and year first written above.
THE CITY ELGIN,an Illinois municipal corporation
By:
Ed Schock,Mayor
Attest:
Dolonna Mecum,City Cleric
THE VILLAGE OF BARTLETT,an Illinois municipal corporation
By:
Catherine J.M rt,President
Attest:
Linda G lien,Village Clerk
LAKEWO S INC.,an Illinois corporation
r
By: -�
its
C:\DOCUME-1\jinnU.00ALS—I\TempVntergo emmental AgreementvTdac 5
12/26/2002 10:23 6305405436 BARTLETT COM DEV PAGE 02
Bartlett-Elgin Intergovernmental Agreement
Exhibit A—West Suburban Trust Parcel
THE NORTH 265 FEET OF THE WEST 706 FEET OF THE SOUTHWEST QUARTER
OF SECTION 32,TOWNSHIP 41 NORTH,RNAGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN COOK COUNTY,ILLINOIS.
12/26/2002 10:23 6305405436 BARTLETT COM DEV PAGE 03
Bartlett-Elgin Intergovernmental Agreement
Ezblbit B—Elmhurst Chieago Stone Parcel
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 32,TOWNSHIP 41
NORTH,RNAGE 9 EAST OF THE THIRD PRINCIPAL MERIDLAN DESCRIBED AS
FOLLOWS:BEGINNING AT THE NORTH WEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 32;THENCE EAST ALONG THE NORTH LINE OF
THE SOUTHWEST QUARTER A DISTANCE OF 1174.3 FEET TO THE WEST RIGHT
OF WAY LINE OF PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS;
THENCE SOUTH ALONG SAID WEST RIGHT OF WAY LINE OF PUBLIC SERVICE
COMPANY OF NORTHERN ILLINOIS 2656.78 FEET TO A POINT OF THE SOUTH
LINE OF TIM SOUTHWEST QUARTER OF SAID SECTION 32,1168.90 FEET EAST
TO THE SOUTH WEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 32,
2650.57 FEET TO THE PLACE OF BEGINNING(EXCEPT THE NORTH 265.0 FEET OF
THE WEST 706 FEET THEREOF),IN COOK COUNTY,ILLINOIS.
12/26/2002 10:23 6305405436 BARTLETT COM DEV PAGE 04
Bartiett•Etgin Intergovernmental Agreement
Exhibit C—Specified Elgin Territory
THOSE PARTS OF SECTIONS 19, 20, 29,30, 31 AND 32 TOWNSHIP 41 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL!V&RXDLAN FALLING WITHIN THE
FOLLOWING GENERALLY DESCRIBED GEOGRAPHIC BOUNDARIES:ANY LAND
LOCATED WITHIN AN AREA BOUNDED BY US ROUIE 20(LAKE STREET),THE E,
J&E RAILROAD,WEST BARTLETT ROAD AND GIFFORD ROAD,ALL DESCRIBED
LAND BEING IN HANOVER TOWNS�IIIP,ILLIINOIS.
Section 19 Section 20 Section 29 Section 30 Section 31 Section 31
06-19-404-005 06-20-301-001 06-29-100-007 06-30-201-001 06-31-201-014 06-32-100-006
06-19-404-006 06-20-301-006 06-29-100-011 06-30-201-006 06-31-201-015 06-32-100-011
06-19-404-007 06-20-301-009 06-29-100-014 06-31-201-016 06-32-100-020
06-19-404-008 06-20-301-010 06-31-201-017 06-32-100-021
06-19-404-010 06-20-301-012 06-29-300-011 06-31-201-018 06-32-100-022
06-19-404-011 06-20-301-014 06-29-300-012 06-31-201-019 06-32-100-023
06-19-404-012 06-20-301-015 06-29-300-016 06-32-100-024
06-19-404-013 06-20-301-016 06-29-300-025 06-31-202-001
06-19-404-014 06-20-301-017 06-29-300-028 06-31-202-003 06-32-101-007
06-19-404-015 06-20-301-018 06-29-300-030 06-31-202-004 06-32-101-008
06-29-300-031 06-31-202-007 06-32-101-010
06-29-300-032 06-31-202-008 06-32-101-018
06-29-300-033 06-31-202-009 06-32-101-025
06-29-300-034 06-31-202-010 06-32-101-026
06-29-300-035
06-29-300-036 06-32-102-001
Exhibit D
WATER DISTRIBUTION SYSTEM INTERCONNECT BETWEEN
CITY OF ELGIN AND VILLAGE OF BARTLETT
By this Agreement the City of Elgin and the Village of Bartlett
agree to provide an interconnect between the two communities of
their water distribution system such that in times of emergency the
water can flow from one community's system to the other.
• The Village of Bartlett shall cooperate with the City of Elgin
in securing an Illinois EPA permit for the construction of
this interconnect.
• The Village of Bartlett shall also coordinate with the
contractor selected by the City of Elgin to tap into the
Bartlett water main on the south side of West Bartlett Road
opposite the selected location for the interconnect vault.
• This facility shall he designed, built and paid for solely by
the City of Elgin per standard engineering practices.
• Water which flows to the City of Elgin's distribution system
shall be metered and the volume deducted from the Village of
Bartlett's monthly water bill.
• Water which flows from the City of Elgin to the Village of
Bartlett's water distribution system shall he added to their
monthly bill.
• Water shall he allowed to flow in either direction only under
emergency situations where the pressure in the receiving
system falls to 30 PSI or less.
• The actual interconnect shall be located in a vault located on
property secured from Elgin Sweeper Company.
• Maintenance of this system shall be the exclusive
responsibility of the City of Elgin.
• Flows from one community to another shall not negatively
impact the system providing the water (drop the providing
system to less than 30 PSI) .
H:\MiSC2.LED\21052009.102 DrftAqre=tBart1et1ntrc=ct—pd
r n City Of Elgin Agenda Item No.
fill
Ito{
January 3, 2003
FlNaNC /+BLE CITY GOEPNmENT
TO: Mayor and Members of the City Council oo�ETYNF sT� nAE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: City of Elgin/Village of Bartlett Intergovernmental
Agreement.
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider an
intergovernmental agreement between the City of Elgin and the
Village of Bartlett.
BACKGROUND
From time to time, staff from the City of Elgin and the Village
of Bartlett meet to discuss issues of common interest. These
meetings help identify possible partnering opportunities
involving development of land in the vicinity of Bartlett and
Gifford Roads.
At one of the recent meetings, a tentative agreement was made
involving a boundary amendment and an interconnection of the two
municipalities, water main systems. The basis for this agreement
and a summary of its terms are as follows:
1. The Village is considering approval of a residential
subdivision for a 66 acre property on the south side of Bartlett
Road, west of the EJE Railroad (see attached exhibit) . Adjacent
to this parcel lies a smaller 3.73 acre parcel presently located
in the Elgin city limits. The Village is asking the City to
disconnect, or "de-annex", the smaller parcel so that the
Village may then annex it into their corporate limits.
Generally, this smaller parcel could only be developed with
residential land uses. In particular, it will be made a part of
City of Elgin/Village of Bartlett Intergovernmental Agreement
January 3, 2002
Page 2
the larger adjacent subdivision to facilitate better traffic
flow, utility connections, and emergency access.
2. Water service to Elgin's industrial customers at Gifford and
Bartlett Roads (Elgin Sweeper, US Can, etc.) is provided through
a single 12" water main. Historically, there have been several
breaks in this main which put these customers out of business
until service is restored. In exchange for the "de-annexation"
of the 3.73 acre parcel from the City, the Village would allow
the City to connect its water main with the Village's along
Bartlett Road. This second source of water would solve the
various water pressure and reliability concerns that have been
experienced in the area.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Village of Bartlett, Gifford/Bartlett Road businesses, and the
Elgin Chamber of Commerce.
� k,FINANCIAL IMPACT
Property taxes from the 3.73 acre parcel currently generate
approximately $478 in annual revenue to the City of Elgin, which
will be lost as a result of the disconnection. If fully
developed with residential land uses, the parcel could generate
approximately $8,000 in annual property taxes to the City (which
would be offset by the cost to deliver services) .
The capital cost for the City to connect the water mains is
estimated at $140,000. This is budgeted as part of the 2003
Water Fund financial plan. Without the interconnection of water
mains, alternative routing, easements, and construction methods
would be necessary to solve the area's water pressure and
reliability issues. It is estimated that implementation of these
alternatives would require an expenditure of up to $1.5 million.
jLEGAL IMPACT
The Legal Department has reviewed this agreement.
City of Elgin/Village of Bartlett Intergovernmental Agreement
January 3, 2002
Page 3
ALTERNATIVES
1. Adopt the intergovernmental agreement between the City of
Elgin and the Village of Bartlett.
2. Do not adopt the agreement at this time.
RECOMMENDATION
It is recommended that the City Council approve the
intergovernmental agreement between the City of Elgin and the
Village of Bartlett.
Respectfully submitted,
r
Olufemi arin
Inter'm Ci er
MTB/sr
Attachments
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