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HomeMy WebLinkAbout06-318 Resolution No. 06-318 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS,said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk FIRE PROTECTION AGREEMENT WHEREAS, St. Charles Street Properties, an Illinois corporation,hereinafter referred to as "Company"is the owner of certain property located south of the corporate limits of the City of Elgin at 1025-1027-1029 St. Charles Street in Elgin Township,Kane County,Illinois,(hereinafter referred to as the "Subject Property") which property and improvements located thereon are outside the corporate limits of any municipality; and WHEREAS, Company has requested the City of Elgin, hereinafter referred to as "City"to furnish fire protection service for the Subject Property; and WHEREAS, City has agreed to provide said fire protection service on the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and the covenants hereinafter contained, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. That City shall furnish fire protection service to Company for the Subject Property for a period of one(1)year commencing January 1,2007 and terminating on December 31,2007. Fire protection service shall consist of extending to the Company the regular fire fighting facilities of the City in case of a fire upon the Company's premises at the Subject Property in the same manner as if said property were situated within the corporate limits of the City of Elgin. In addition to such regular fire protection services, City shall furnish ambulance service at the Subject Property as is generally available to residents of City. As a condition of the furnishing of fire protection services, Company agrees to permit City to make inspections to determine compliance with the fire code of the City of Elgin and agrees to comply with same. Failure to do so shall constitute grounds for termination of this agreement without penalty to City and without refund of any kind to Company. 2. That in consideration of said fire protection service, Company agrees to pay to City the sum of Two Thousand Nine Hundred Thirty-Two Dollars($2,932). Said payment shall be paid no later than January 5, 2007. 3. That any rights of Company arising pursuant to or in connection with this agreement may from time to time be assigned with respect to all of the above described premises or portions thereof. Written notice of such assignment shall be given to City with thirty(30) days. 4. That it is agreed and understood that the fire protection services,ambulance services and other services to be provided by the City pursuant to this agreement are intended to be the same services generally available to the general public for properties located within the corporate city limits of the City of Elgin and that no additional legal obligations or duties are intended or shall be construed to have been created by this agreement. It is further understood and agreed that this agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the City pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101 et seq.,as amended,the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq.,as amended,the Emergency Medical Services Systems Act at 210 ILCS 5011 et seq., as amended, and/or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Acts, as amended, and/or otherwise provided by law, shall fully apply to any and all claims asserted or which might be asserted against the City and/or its officials,officers, employees and/or agents as a result of this Agreement or any of the actions of the parties pursuant to this Agreement. Without limiting the foregoing, it is further agreed and understood that the City and/or its officials, officers, employees and/or agents as a result of this Agreement or any of the actions of the parties pursuant to this Agreement shall not be liable to any party to this Agreement or any other person or entity for failure to provide adequate fire protection, rescue, or emergency service, failure to suppress or contain a fire, failure to provide or maintain sufficient personnel,equipment,or other fire protection facilities,and/or for any act and/or omission in connection with the developing, adopting,operating or implementing any plan or system relating to the City's emergency telephone systems. Notwithstanding anything to the contrary in this 2 Agreement,it is agreed and understood that no third-party beneficiaries are intended to be created by the provisions of this Agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or its officials,officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this Agreement. IN WITNESS WHEREOF the City Manager and City Clerk have executed this agreement for and on behalf of the City of Elgin and St. Charles Street Properties have executed this agreement for and on behalf of said Company and each have caused their respective corporate seals to be affixed. Dated: O CIT By ger Attest: - City Clerk STRW PROPERTIES By , Its Pre de t Attest: Se r ary FALegal Dept\Agreement\FireProtection-St.Charles St Properties-2007.doc 3 �� r City of Elgin Agenda Item No. December 6, 2006 TO: Mayor and Members of the City Council iW, { Stable FROM: Olufemi Folarin, City Mana Manager Cily C,orcnrurr•rrr James R. Nowicki, Fiscal Services Director SUBJECT: Fire Protection Agreements for 2007 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Fire Protection Agreements for three properties located outside the city limits. RECOMMENDATION It is recommended that the City Council approve the 2007 Fire Protection agreements for those three properties located outside the City limits. BACKGROUND The City first offered fire protection contracts in 1962 to Illinois Tool Works, Chicago Rawhide, Leewards and McGraw Edison (St. Charles Street). In 1967, the fire protection contracts established a tax rate based on real estate and personal property assessed valuations. The tax rate only included operating costs and capital expenditures of the Fire Department. Insurance costs, depreciation and pension contributions were added to the formula in 1976 which currently equates to a rate of$2.10 per$100 Equalized Assessed Valuation. The overall goal in establishing the fire protection charges was to make it economically beneficial for each business to annex into the City of Elgin. The following table highlights the assessed valuations (2005 & 2006), and fire protection charges for 2006 as well as the recommended charges for 2007. k 2005 Assessed 2006 Assessed 2006 2007 Proposed Valuation Valuation Charges Charges ITW $1,694,984 $1,804,989 $35,595 $37,905 DSM Desotech 1,690,691 1,800,417 35,505 37,809 St. Charles 131,009 139,607 2,751 2,932 Properties Totals $3,516,684 $3,745,013 $73,850 $78,645 The projected 2007 fire protection charges will increase by $4,795 when compared to the actual 2006 totals due to the increase in assessed valuation to $3,745,013 from $3,516,684. Kane County Forest Preserve, who owns the Eagles Club, did not pay their 2006 charge and is considering annexation in 2007. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED Representatives from the three properties were contacted and notified of the proposed 2007 fire protection agreement charges. FI NCIAL IMPACT Total fire protection charges would equal $78,645 and would finance the 2007 expenditures. Revenue totaling $78,000 was budgeted in the General Fund for 2007 in account number 010-0000-538.00-00. VWLEGALIMPACT None. ALTERNATIVES 1. Provide fire protection to these three properties. 2. Do not provide fire protection to these three properties. Respectfully submitted for Council consideration. JRN/mlm