02-352 Resolution No. 02-352
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
SCHOOL DISTRICT U-46 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
School District U-46 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
SCHOOL DISTRICT U-46
THIS AGREEMENT is made and entered into this wri4 day
of N0 V /1t t c 2 , 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
SCHOOL DISTRICT U-46, a unit school district organized under the
statutes of the State of Illinois (hereinafter referred to as the
"School District" ) .
WITNESSETH
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 5,
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 School District capital
improvement development impact fee and a school site development
impact fee to be paid by property owners developing certain
property in the City; and
WHEREAS, the school district capital improvement
development impact fee and the school site development impact fee
collected by the City are thereafter paid to the School District
for the acquisition of school sites and facilities, the need for
which is specifically and uniquely attributable to such
development; and
WHEREAS, the City and the School District in the spirit
of intergovernmental cooperation desire to enter into an
intergovernmental agreement regarding school district capital
improvement development impact fees, school site development
impact fees or other school fees or contributions collected by
the City and paid to the School District .
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 school district capital improvement
development impact fees, school site development impact fees or
other school fees or contributions collected by the City and paid
to the School District shall be utilized by the School District
solely and exclusively for paying directly, or to pay the debt
2
service for bonds, revenue certificates, and other obligations of
indebtedness for the cost of public school facilities .
3 . That to the fullest extent permitted by law, the
School District 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 other
relief, in any way resulting from or arising out of any aspect
regarding any school district capital improvement development
impact fees, school site development impact fees or other fees or
contributions to be collected by the City and paid to the School
District, including without limitation, the existence, nature,
continuation, calculation, amount, payment and/or collection of
any such school district capital improvement development impact
fees, school site 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. Notwithstanding anything to the contrary in
this agreement, the provisions of this paragraph shall survive
any termination of this agreement .
4 . That the City and the School District further
agree that in the event that any aspect of any school district
capital improvement development impact fees, school site
3
development impact fees or other fees or contributions collected
by the City and paid to the School District are declared invalid
by a court of competent jurisdiction the School District agrees
to and shall refund and reimburse to the City any and all such
school district capital improvement development impact fees
and/or other fees or contributions collected by the City and paid
to the School District . Notwithstanding anything to the contrary
in this agreement, the provisions of this paragraph shall survive
any termination of this agreement .
5 . That the City and the School District further
understand and agree that all aspects regarding any school
district capital improvement development impact fees, school site
development impact fees or other fees or contributions to be
collected by the City and paid to the School District, including
without limitation, the existence, nature, continuation,
calculation, amount, payment and/or 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 School District further
understand and agree that all references in this agreement to
school district capital improvement development impact fees,
school site development impact fees or other fees or
contributions collected by the City and paid to the School
District 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.
4
7 . That the present method for the calculation and
determination of school district capital development impact fees,
school site development impact fees, or other fees collected and
paid to the School District by the City, and a list of the fees
collectible pursuant thereto, is set forth in Title 17 of the
Elgin Municipal Code, 1976, as amended, and as set forth in
Exhibit A attached hereto. It is understood that the school
capital improvement contribution formula as set forth in Exhibit
A attached hereto is utilized by the City only in conjunction
with annexation agreements . The City agrees to provide timely
written notice to the School District of any changes in the
schedule of fees or the method of their calculation.
8 . That this agreement may be terminated by either
party upon sixty (60) days prior written notice, provided that
notwithstanding any such termination the terms and conditions of
this agreement shall. survive and remain in force with respect to
all fees and/or contributions collected or assessed in accordance
herewith prior to the date of termination.
9 . 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.
5
10 . 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 .
11 . 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.
12 . That this agreement is and shall be deemed and
construed to be a joint and collective work product of the City
and the School District, and, as such, this agreement shall not
be construed against the other party, as the otherwise purported
drafter of same, by any court of competent jurisdiction in order
to resolve any inconsistency, ambiguity, vagueness or conflict,
if any, in the terms or provisions contained herein.
13 . 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.
6
IN WITNESS WHEREOF, the parties hereto have entered
into and executed this agreement on the date and year first
written above.
CITY OF ELGIN SCHOOL DISTRICT U-46
By By ,�.
ayor As-A, . Su•erintenden • - •ces
Attest: Att st :
City Clerk ecretary, Board of E ucation
•
CITY OF ELGIN SCHOOL DISTRICT U-46
150 Dexter Court 355 E. Chicago Street
Elgin, IL 60120-5555 Elgin, IL 60120
Attention: City Clerk Attention: Superintendent
F:\Legal Dept\Agreement\U-46-Impact Fees-WAC.wpd
9/10/02
7
• Exhibit A
School Capital Improvement Contribution Formula •
•
(page 1 of 3)
11/13/01 -
January 1, 2002
Apartments
Min. Sq. Ft. Cost per
Population x per Child x Sq. Ft.x = Contribution ,
No bedrooms (Efficiency)
Elementary population (K-5) 0.000 100 $115 ` $0.00
Middle school population (6-8) 0.000 150 $130 $0.00
High school population (8-12) 0.000 160 $155 $0.00
Subtotal $0.00
(Credit- 75%)
Total $0.00
One Bedroom
Elementary population (K-5) 0.002 100 $115 $23.00
Middle school population (6-8) 0.001 150 $130 $19.50
High school population (8-12) 0.001 160 $155 $24.80
Subtotal $67.30
(Credit- 75%)
Total $16.83
Two Bedrooms
Elementary population (K-5) 0.086 100 $115 $989.00
Middle school population (6-8) 0.042 150 $130 $819.00
High school population (8-12) 0.046 160 $155 $1,140.80
Subtotal $2,948.80
(Credit- 75%)
Total $737.20
Three Bedrooms
Elementary population (K-5) 0.234 100 $115 $2,691.00
Middle school population (6-8) 0.123 150 $130 $2,398.50
High school population (8-12) 0.118 160 $155 $2,926.40
Subtotal $8,015.90
(Credit- 75%)
Total $2,003.98
The dollar amounts for costs per square foot and the resulting contribution calculation provided for herein shall be
adjusted upward at an annual rate of three percent(3%)effective January 1, 2003, and annually thereafter.
Exhibit A
School Capital Improvement Contribution Formula '
(page 2 of 3) 11/13/01
January 1, 2002 • •
Attached Single Family
Min. Sq. Ft. Cost per
Population x per Child x Sq.Ft.x = Contribution ,
One Bedroom
Elementary population (K-5) 0.000 100 $115 $0.00
Middle school population (6-8) 0.000 150 $130 $0.00
High school population (8-12) 0.000 160 $155 $0.00
Subtotal $0.00
(Credit- 75%)
Total $0.00
Two Bedrooms
Elementary population (K-5) 0.088 100 $115 $1,012.00
Middle school population (6-8) 0.048 150 $130 $936.00
High school population (8-12) 0.038 160 $155 $942.40
Subtotal $2,890.40
(Credit- 75%)
Total $722.60
Three Bedrooms
Elementary population (K-5) 0.234 100 $115 $2,691.00
Middle school population (6-8) 0.058 150 $130 $1,131.00
High school population (8-12) 0.059 160 $155 $1,463.20
Subtotal $5,285.20
(Credit- 75%)
Total $1,321.30
Four Bedrooms
Elementary population (K-5) 0.322 100 $115 $3,703.00
Middle school population (6-8) 0.154 150 $130 $3,003.00
High school population (8-12) 0.174 160 $155 $4,315.20
Subtotal $11,021.20
(Credit- 75%)
Total $2,755.30
The dollar amounts for costs per square foot and the resulting contribution calculation provided for herein shall be
adjusted upward at an annual rate of three percent(3%)effective January 1,2003, and annually thereafter.
Exhibit A
SCHOOL CAPITAL IMPROVEMENT CONTRIBUTION FORMULA
(page 3 of 3) 11/13/01 ,
January 1,2002
Detached Single Family I
Min. Sq.Ft.per Cost per
Population x Child x Sq.Ft.x = .{Contrif bution
Two Bedrooms
Elementary population (K-5) 0.136 100 $115 $1,564.00
Middle school population (6-8) 0.048 150 $130 $936.00
High school population (8-12) 0.020 160 $155 $496.00
Subtotal $2,996.00
(Credit- 75%)
Total $749.00
Three Bedrooms
Elementary population (K-5) 0.369 100 $115 $4,243.50
Middle school population (6-8) 0.173 150 $130 $3,373.50
High school population (8-12) 0.184 160 $155 $4,563.20
Subtotal $12,180.20
(Credit- 75%)
Total $3,045.05
Four Bedrooms
Elementary population (K-5) 0.530 100 $115 $6,095.00
Middle school population (6-8) 0.298 150 $130 $5,811.00
High school population (8-12) 0.360 160 $155 $8,928.00
Subtotal $20,834.00
(Credit- 75%)
Total $5,208.50
Five Bedrooms
Elementary population (K-5) 0.345 100 $115 $3,967.50
Middle school population (6-8) 0.248 150 $130 $4,836.00
High school population (8-12) 0.300 160 $155 $7,440.00
Subtotal $16,243.50
(Credit- 75%)
Total $4,060.88
The dollar amounts for costs per square foot and the resulting contribution calculation provided for herein shall be adjusted
upward at an annual rate of three percent(3%)effective January 1, 2003, and annually thereafter.