HomeMy WebLinkAbout24-188 Resolution No. 24-188
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING THE
ANNEXATION AND DISCONNECTION OF PROPERTIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with South
Elgin and Countryside Fire Protection District, regarding the annexation and disconnection of
properties, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 14, 2024
Adopted: August 14, 2024
Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF ELGIN AND THE SOUTH ELGIN
AND COUNTRYSIDE FIRE PROTECTION DISTRICT
REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES
THIS AGREEMENT is made and entered into as of the last date set forth next to the
signatures of the parties hereto, by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as the "City"), and the South Elgin and Countryside Fire
Protection District, a Fire Protection District organized and existing under the laws of the State
of Illinois (hereinafter referred to as "SECFPD") (the City and SECFPD are hereinafter
collectively referred to as the "Parties").
WHEREAS, the City has previously annexed certain territory and may annex additional
territory within the boundaries of SECFPD; and
WHEREAS, the City and SECFPD wish to enter into an agreement to avoid future
disputes over the annexation of certain territory by the City and the disconnection of such
territory from SECFPD pursuant to the terms and conditions as set forth in this Agreement; and
WHEREAS, the City and SECFPD have entered into a separate intergovernmental
agreement, dated May 27, 2020, under which the City has agreed to provide fire dispatch
services for SECFPD in accordance with the terms and provisions of said agreement (hereinafter
referred to as the "Dispatch Agreement"); and
WHEREAS, it is in the best interests of the parties and the citizens of the areas of each of
the parties to avoid future disputes over the jurisdiction of such areas; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970
authorizes units of local government to contract or otherwise associate among themselves, and to
exercise, combine or transfer any power or function in any manner not prohibited by law or by
ordinance; and
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WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.
provides inter alia, that "...any power or powers, privileges or authorities exercised or which
may be exercised by a public agency of this State may be exercised and enjoyed jointly with any
other public agency of this State."
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. The term of this Agreement is from date first set forth above to April 30, 2030
(hereinafter the"Term").
2. The Parties have identified certain properties or territory within the boundaries of
the SECFPD that either have sought or may in future seek to be annexed to the City. Such
properties are depicted and identified on Exhibits 1A, 1B, and 1C, attached hereto and
incorporated herein by this reference (collectively the "Subject Properties"). The Property
Identification Numbers (PINS) listed on said Exhibits 1A, 1B, and 1 C are included for the
convenience of the Parties in identifying the various parcels constituting the Subject Properties
as of the date of said exhibits. The Parties acknowledge and agree that any change in the PIN(s)
that are assigned to any parcel or parcels shall not affect whether said parcels are included within
the Subject Properties. In the event of any conflict between the PINs listed on Exhibits 1A, 1B,
and 1 C and the drawn boundaries depicting the Subject Properties on said exhibits, the drawn
Boundaries depicting the Subject Properties shall supersede and control.
3. Any property or territory within the Subject Properties which during the Term of
this Agreement is annexed into the City shall by operation of law be disconnected from SECFPD
pursuant to 70 ILCS 705/20(a), as amended. SECFPD agrees for itself, its officials, officers,
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employees, successors and assigns, that during the Term of this Agreement it shall not directly or
indirectly file any court action or take any other action which challenges, objects to, opposes or
seeks to prevent the disconnection from SECFPD of any such property or territory within the
Subject Properties so annexed into the City during the term of this Agreement including, but not
limited to, filing a petition seeking to prevent such disconnection pursuant to 70 ILCS 705/20(b),
as amended. SECFPD further agrees for itself, its officials, officers, employees, successors and
assigns, that it hereby waives any and all rights either directly or indirectly to file any court
action or take any other action which challenges, objects to, opposes or seeks to prevent the
disconnection from SECFPD of any such property or territory within the Subject Properties that
is annexed into the City during the Term of the Agreement including, but not limited to, waiving
any and all rights to file a petition seeking to prevent such disconnection pursuant to 70 ILCS
705/20(b), as amended. The provisions of this Section 2 of this Agreement are not intended to
apply to any property or territory not located in the corporate city limits of the City of Elgin or
annexed into the City of Elgin during the term of the Agreement including, but not limited to,
proceedings pursuant to 70 ILCS 705/19 or 70 ILCS 705/21. The provisions of this Section 3
shall survive the expiration and/or termination of this Agreement with respect to any property or
territory within the Subject Properties which is annexed by the City prior to the expiration and/or
termination of this Agreement.
4. The SECFPD further agrees for itself, its officials, officers, employees, successors
and assigns, that it shall not either directly or indirectly file any court action or take any other
action which challenges, objects to, opposes or seeks to prevent any annexation to the City of
any property or territory within the Subject Properties that has been previously or is during the
term of this Agreement annexed into the City. The SECFPD further agrees for itself, its
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officials, officers, employees, successors and assigns, that it hereby waives any and all rights to
directly or indirectly file any court action or take any other action which challenges, objects to,
opposes or seeks to prevent any annexation to the City of any property or territory within the
Subject Properties that has previously been or is during the term of this Agreement annexed into
the City. The provisions of this Section 4 shall survive the expiration of this Agreement with
respect to any property or territory within the Subject Properties which are annexed by the City
prior to the expiration of this Agreement.
5. For and in further consideration for this Agreement, the City and SECFPD agree
as follows:
A. The Dispatch Agreement between the City and SECFPD has a five-year
term that expires April 30, 2025, and the annual fee to be paid by SECFPD to the City for
the fifth year of the Dispatch Agreement (from May 1, 2024, to April 30, 2025) is in the
total amount of$125,004, which is to be paid in twelve (12) equal monthly installments.
In conjunction with the entry into this Agreement, the City and SECFPD agree to execute
and enter into an amendment to the Dispatch Agreement, to provide as follows:
1. The term of the Dispatch Agreement shall be extended for an additional
five-year term, such that the term of the Dispatch Agreement will expire
on April 30, 2030 (the '`Additional Term"). The term of the Dispatch
Agreement and the term of this Agreement shall be coextensive and
coterminous, such that if one of these agreements is terminated by either
party for any reason, than the other agreement shall also be deemed
terminated unless otherwise agreed to in writing by the City and
SECFPD.
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2. The annual fee for the remaining term of the Dispatch Agreement and
the entire Additional Term shall be in the amount of$100,000 per year,
said fee to be paid by SECFPD to the City in equal monthly installments
of$8,333.33, beginning with first full month following the execution of
this Agreement and the corresponding amendment to the Dispatch
Agreement.
3. All other terms of the Dispatch Agreement shall remain the same.
B. In addition, the City agrees to provide to SECFPD at no cost to SECFPD
mobile and portable radio programming services for the Term of the Agreement
(hereinafter referred to as "Programming Services"). Such Programming Services will be
provided by City staff or personnel. It is anticipated by the Parties that the amount of
Programming Services to be provided by the City to SECFPD will be approximately four
(4) hours per month.
C. In addition, the City is pursuing an initiative whereby the Elgin Fire
Department will be implementing a new version of its existing Computer Aided Dispatch
(CAD) system, referred to as "CrewForce," which is able to be operated from an
application on smartphones, iPads, or similar devices (hereinafter referred to as the "CAD
Initiative"). For the initial phase of the CAD Initiative, the City shall secure and pay the
initial costs for three (3) licenses for SECFPD to utilize the CAD Initiative. Furthermore,
if SECFPD determines that it would like to expand its participation in the CAD Initiative,
the City agrees to secure and pay the costs for up to nine (9) additional licenses for
SECFPD to utilize the CAD Initiative, such that the City agrees to secure and pay the
costs for up to twelve (12) licenses for SECFPD under this Agreement. The City shall
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further pay the annual costs for any licenses secured for SECFPD under this Section 4.0
for the Term of this Agreement.
6. This Agreement shall be binding upon and inure to the benefit of the City and
SECFPD, and upon any persons or entities who may be assigned or otherwise succeed to all or
any portion of the authority, rights, duties, powers, functions or purposes of the City and
SECFPD, or either of them. This Agreement and the obligations herein may not be assigned
without the express written consent of each of the Parties hereto which consent may be withheld
at the sole discretion of either of the Parties hereto.
7. This Agreement is not intended and shall not be deemed or construed to create an
employment,joint venture, partnership or other agency relationship between the Parties hereto.
8. All notices or other communications hereunder shall be in writing and shall be
deemed given if personally delivered, sent by overnight courier or mailed by registered or
certified mail, return receipt requested, to the Parties at the following addresses, or at such other
addresses for Parties as shall be specified by a like notice and shall be deemed received on the
date which said notice is hand-delivered or the second business day following the date on which
so mailed:
To the City: City Manager
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
With a copy to: Fire Chief
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
and
Corporation Counsel
City of Elgin
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150 Dexter Court
Elgin, IL 60120-5555
To SECFPD: Fire Chief
South Elgin & Countryside Fire Protection District
Headquarters Station 21
1090 W. Spring Street
South Elgin, IL 60177
With a copy to:
9. This Agreement is subject to and shall be governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to
this Agreement shall be in the Circuit Court of Kane County, Illinois.
10. The failure by a party to enforce any provision of this Agreement against the other
shall not be deemed a waiver of the right to do so thereafter.
11. This Agreement may be modified or amended only in writing signed by both
Parties hereto, or their permitted successors or assigns, as the case may be.
12. This Agreement contains the entire agreement and understanding of the parties
hereto with respect to the subject matter as set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
13. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and SECFPD, and, as such, this Agreement shall not be construed
against the other, as the otherwise purported draft or same, by any court of competent
jurisdiction and in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in
the terms or provisions contained herein.
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14. The City and SECFPD agree that, in the event of a default by the other party, the
other party shall, prior to taking any such action as may be available to it, provide written notice
to the defaulting party stating that they are giving the defaulting party fourteen (14) days within
which to cure such default. If the default shall not be cured within the fourteen-day period
aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which
it may be entitled under law.
15. This Agreement may be executed in counterparts, each of which shall be
considered an original and together shall be one and the same document.
16. The Parties acknowledge and agree that, in the event of a breach by one of them
the covenants contained in this Agreement, each of which alone is a material element of this
Agreement, the other party shall be aggrieved and will suffer damages which are immediate,
great and irreparable, and for which no adequate remedy at law exists; and accordingly, in the
event of such breach by one party, the aggrieved party shall have the right to seek an order from
a court of competent jurisdiction, preliminarily and/or permanently restraining and/or enjoining
the breaching party from any further breach of said covenant or covenants and curing such
breach. This right to injunctive relief shall be in addition to and not in lieu of any and all other
rights or remedies available to aggrieved party under applicable Illinois law.
17. The City and SECFPD shall each adopt a resolution approving the terms and
provisions of this Agreement and authorizing the Mayor and City Clerk and the President and
Secretary of the Board of Trustees to execute and deliver this Agreement. In addition, the City
and SECFPD shall each adopt a resolution approving an amendment to the Dispatch Agreement
in accordance with the terms and provisions of this Agreement and authorizing the Mayor and
City Clerk and the President and Secretary of the Board of Trustees to execute and deliver such
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an amendment to the Dispatch Agreement. Upon execution, the Clerk of the City and the
Secretary of the Board of Trustees shall forward to one another a certified copy of the resolutions
so enacted, together with the respective agreements, signed in duplicate original, so that each
party hereto shall have one fully executed document on file.
IN WITNESS WHEREOF, the Parties, pursuant to proper and necessary authorization,
have executed this Agreement on the dates shown below.
APPROVED AND ADOPTED this 14th day of August , 2024.
CITY OF ELGIN Attest:
By: By he6(K'' i
Mayor City C rk
goiiAPPROVED AND ADOPTED this ` day of kE,us , 2024.
SOUTH ELGIN & COUNTRYSIDE Attest:
FI PROTECTION DISTRICT
By: By: 4PJ�YzttW,i4-/l �2
President Secretary
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NOTE:
Subject Properties are further identified by the — Exhibit 1 A
following Kane County Property Identification
Numbers(PINs):06-32-200-012,06-32-200-014,
06-32-200-015,06-32-200-003,06-32-200-004,06-
32-200-005,06-32-200-023,06-32-200-013,06-32- / Prepared by the IL
200-022,06-32-200-029,06-32-200-030,06-33- _L City of Elgin,Community ,—
'— 100-004,06-33-100-014,06-33-100-006,06-33- Development Department \
1 100-009,06-33-100-014,06-32-200-026,06-32- July 10,2024 F LG I I' .J \
200-018,06-32-400-006,06-32-400-007,06-32- THE CITY IN THE SUBURBS
200-019,06-32-200-021. \
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.-- NOTE: Exhibit 1 B
1 Subject Properties are further identified by the
following Kane County Property Identification
1 Numbers(PINs):06-30-400-015,06-30-400-014,
06-30-400-021,06-30-400-019,06-30-400-020,06- Prepared by the Ah d
\ 30-400-022,06-30-400-023,06-30-400-009,06-30- ; City of Elgin, Community
--, 400-003,06-30-400-005,06-29-300-008,06-29- i_ D evelo ly 10 p 024t Department E LG I N
7 300-002,06-29-300-003,06-29-300-006,and 06- ,
1 29-300-007. j- THE CITY IN THE SUBURBS
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Subject Properties are further
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County Property Identification
City of Elgin,Community
Numbers (PINs): 06-20-100-011, 06- 4 Development Department, E Lc I I\.J
20-201-003, and 06-20-201-004. July 10,202a
THE CITY IN THE SUBURBS
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