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02-126 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. -2- 2002K054932 ` 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 -3- 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 -4- 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 -5- 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. -6- 2002K054932 ' 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) -7- 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 -9- 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 -10- 2002 K 054932 w 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 -11- For(fi r n u•:a,�:�r3., 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