02-351Resolution No. 02 -351
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE
GAIL BORDEN LIBRARY DISTRICT FOR THE COLLECTION OF IMPACT FEES
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 Gail Borden Library District
for
the collection
of impact
fees, a copy of which is attached
hereto
and made a
part hereof
by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 6, 2002
Adopted: November 6, 2002
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
CITY OF ELGIN
AND THE
GAIL BORDEN LIBRARY DISTRICT
THIS AGREEMENT is made and entered into this Ile? day
of A�o (115 Al Jq rr Z 2002, by and between the CITY OF ELGIN, a
municipal corporation organized and existing under the laws of
the State of Illinois (hereinafter referred to as the "City ") and
the GAIL BORDEN LIBRARY DISTRICT, an Illinois library district
organized under the laws of the State of Illinois, in the
Counties of Cook and Kane, State of Illinois (hereinafter
referred to as the "Gail Borden Library ").
fivers m"F4*104
WHEREAS, Article VII, Section 10 of the Constitution of
the State of Illinois, 1970, authorizes units of local government
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 51
Section 220/1, et seq, known as the Intergovernmental Cooperation
Act, authorizes units of local government in Illinois to exercise
jointly with any 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, the City requires a library district capital
improvement development impact fee to be paid by property owners
developing certain property in the City; and
WHEREAS, the library district capital improvement
development impact fee collected by the City is thereafter paid
to the Gail Borden Library for the use for public library
facilities; and
WHEREAS, the City and the Gail Borden Library in the
spirit of intergovernmental cooperation desire to enter into an
intergovernmental agreement regarding library district capital
improvement development impact fees or other library fees or
contributions collected by the City and paid to the Gail Borden
Library.
NOW, THEREFORE, for and in consideration of the mutual
undertakings as set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. That the foregoing recitals are incorporated into
this agreement in their entirety.
2. That any library district capital improvement
development impact fees or other library fees or contributions
collected by the City and paid to the Gail Border. Library shall
be utilized by the Gail Borden Library solely and exclusively for
financing directly, or as a pledge against bonds, revenue
certificates, and other obligations of indebtedness for the cost
of public library facilities.
3. That to the fullest extent permitted by law, the
Gail Borden Library agrees to and shall indemnify, defend and
hold harmless the City, its officials, officers, employees,
agents, boards and commissions from and against any and all
claims, suits, judgments, costs, attorney's fees, damages or
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other relief, in any way resulting from or arising out of any
aspect regarding any library district capital improvement
development impact fees or other fees or contributions to be
collected by the City and paid to the Gail Borden Library,
including without limitation, the existence, nature,
continuation, calculation, amount, payment and /or collection of
any such library district capital improvement development impact
fees or other such fees and /or contributions, and /or the
existence or performance of this agreement. In the event of any
action against the City, its officials, officers, employees,
agents, boards or commissions, covered by the foregoing duty to
indemnify, defend and hold harmless such action shall be defended
by legal counsel of the City's choosing.
4. That the City and the Gail Borden Library further
agree that in the event that any aspect of any library district
capital improvement development impact fees or other fees or
contributions collected by the City and paid to the Gail Borden
Library are declared invalid by a court of competent jurisdiction
the Gail Borden Library agrees to and shall refund and reimburse
to the City any and all such library district capital improvement
development impact fees and /or other fees or contributions
collected by the City and paid to the Gail Borden Library.
5. That the City and the Gail Borden Library further
understand and agree that all aspects regarding any library
district capital improvement development impact fees or other
fees or contributions to be collected by the City and paid to the
Gail Borden Library, including without limitation, the existence,
nature, continuation, calculation, amount, payment and /or
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collection of any such fees and /or contributions, shall be
determined in the sole and exclusive discretion of the City.
6. That the City and the Gail Borden Library further
understand and agree that all references in this agreement to
library district capital improvement development impact fees or
other library fees or contributions collected by the City and
paid to the Gail Borden Library shall be deemed to include any
and all such fees or contributions as currently exist and /or as
such fees or contributions may be hereinafter amended by the
City.
7. That this agreement constitutes the entire
agreement of the parties on the subject matter hereof and may not
be changed, modified, amended, discharged or extended except by
written amendment duly executed by the parties. Each party
agrees that no representations or warranties shall be binding on
the other party unless expressed in writing herein or in a duly
executed amendment hereto.
8. That this agreement shall be deemed to have been
made in, and shall be construed in accordance with 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.
9. That this agreement is not intended and shall not
be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties
hereto.
10.
That
this
agreement is
and
shall be
deemed
and
construed to
be a
joint
and collective
work
product
of the
City
IF
and the Gail Borden
not be construed a
purported drafter of
in order to resolve
conflict, if any, in
Library, and, as such, this agreement shall
gainst the other party, as the otherwise
same, by any court of competent jurisdiction
any inconsistency, ambiguity, vagueness or
the terms or provisions contained herein.
11. That all notices or other communications hereunder
shall be made 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
addresses following their signatures, or at such other addresses
for a party 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.
IN WITNESS WHEREOF, the parties hereto have entered
into and executed this agreement on the date and year first
written above.
CITY OF ELGIN
Attest:
CITY OF ELGIN
150 Dexter Court
Elgin, IL 60120 -5555
Attention: City Clerk
GAIL BORDEN LIBRARY DISTRICT
3
Byt
Attest:
GAIL BORDEN LIBRARY DISTRICT
200 N. Grove Avenue
Elgin, IL 60120
Attention: 7 01 °
F: \Le9a'_ Dept \Agreement \Library - Impact Fees- WAC.wpd
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