03-166 Resolution No. 03-166
RESOLUTION
AUTHORIZING EXECUTION OF A SEWER LINE CONSTRUCTION,
CONTRIBUTION AND RECAPTURE AGREEMENT WITH PULTE HOME CORPORATION,
KIMBALL HILL, INC. AND NATIONAL DEVELOPERS, INC.
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 a Sewer Line
Construction, Contribution and Recapture Agreement on behalf of the
City of Elgin with Pulte Home Corporation, Kimball Hill, Inc . and
National Developers, Inc. for sanitary sewer services to the Pulte
Reserve, Pulte Edgewater, Waterford and Providence Subdivisions, a
copy of which is attached hereto and made a part hereof by
reference .
s/Ed Schock
Ed Schock, Mayor
Presented: June 11, 2003
Adopted: June 11, 2003
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
SEWER LINE CONSTRUCTION,
CONTRIBUTION AND RECAPTURE AGREEMENT
This Agreement, made and entered into this f3 day of SUNG , 2003, by
and between THE CITY OF ELGIN, a municipal corporation of the Counties of Kane and
Cook, State of Illinois ("City"), PULTE HOME CORPORATION, a Michigan corporation
("Pulte"), KIMBALL HILL, INC., an Illinois corporation ("Kimball Hill"), and NATIONAL
DEVELOPERS, INC., an Illinois corporation ("Town & Country"), Pulte, Kimball Hill, and
Town & Country being sometimes referred to in the aggregate as the "Developers";
WITNESSETH:
WHEREAS, Pulte is about to become the record title holder in and to the parcels of
real estate depicted on Exhibit "A" attached hereto and made a part hereof as "the Reserve"
and "Egdewater" ("Pulte Parcels"); and
WHEREAS, Kimball Hill is the record title holder in and to the parcel of real estate
depicted on Exhibit "A" as Waterford Subdivision ("Kimball Hill Parcel"); and
WHEREAS, Town & Country is the record title holder in and to the parcel of real
estate depicted on Exhibit "A" as Providence ("Town & Country Parcel"); and
WHEREAS, the Developers desire to construct or cause to be constructed within
easements to be dedicated or granted to the City, as the case may be, within the Developers'
various parcels, all as generally depicted on Exhibit "A", a forty-eight (48) inch sanitary sewer
line ("Sewer Line"); and
WHEREAS, the Developers have agreed upon (1) the allocation among themselves of
the cost of construction of the Sewer Line, (2) the procedures involved in the co-ordination of
such construction, and (3) the method of recapture of such costs from
other properties to be potentially benefitted by the Sewer Line.
NOW, THEREFORE, for and in consideration of the mutual promises, agreements,
and undertakings as set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which the parties hereby acknowledge, the City and the Developers
hereby agree as follows:
1. Attached hereto and made a part hereof as Exhibit "B" is a letter dated April 5,
2003, from William J. Hupperich, P.E., of Manhard Consulting Ltd. ("Manhard"), in which
the cost of the construction of the Sewer Line is allocated among the Developers along with
the methodology used to arrive at such allocation. Except as hereinafter provided with respect
to percentage adjustments, the Developers, by executing this Agreement, acknowledge and
agree that Exhibit "B" shall be the basis for the allocation among them of the costs of
realest\fwaswr7.agt 1
constructing the Sewer Line and that the following represents the agreed cost allocation ("Cost
Percentage") for each of them:
Pulte 18.35%
Kimball Hill 17.25%
Town & Country 64.40%
Total 100.00%
Notwithstanding the foregoing, it is recognized by the Developers that each of their
entitlement processes with the City may result in the approval of more or fewer residential
units than used in Exhibit "B" to determine the Cost Percentage set forth in the foregoing
chart and, therefore, the Developers agree that the Cost Percentage may be adjusted from time
to time based upon (a) residential units included in final City approvals for one or more of the
projects of the Developers and (b) agreed P.E.'s for each residential unit type so approved as
follows: (i) Single Family - 3.5; (ii) Duplex - 3.0; (iii) Townhome - 2.5; and (iv) Active
Adult - 2.0. Such adjustments in the Cost Percentage shall be computed as projects are
approved, and financial contributions toward the cost of the Sewer Line and recapture
receipts, both as hereinafter provided, shall be reallocated based upon such adjustments.
Funds previously advanced by a Developer whose Cost Percentage is reduced shall be
reimbursed for the recomputed amounts by the Developer or Developers whose Cost
Percentage is increased.
The Developers acknowledge and agree that (a) the P.E.'s set forth in the foregoing paragraph
are strictly for their use in determining their respective Cost Percentages pursuant to this
Agreement and (b) P.E. values used for purposes of permit applications shall be submitted in
accordance with Illinois Environmental Protection Agency Regulations.
2. A. Each Developer agrees to grant temporary and permanent easements to the City
for the construction and continued ownership, maintenance, repair, upgrading, or replacement
of the Sewer Line ("Easements"). Permanent easements shall not exceed fifty (50) feet in
width, except that permanent easements abutting public right-of-way shall not exceed forty
(40) feet in width; temporary easements shall not exceed fifty (50) feet in width and shall
expire no later than one (1) year from date of execution of easement document. Easement
documentation, where not within dedicated rights-of-way, shall be (i) in the standard form
currently in use in the City, subject to the reasonable approval of the City Attorney and (ii)
executed and returned to the Corporate Counsel of the City within ten (10) days after
submission of execution copies to the applicable Developer.
B. It is agreed that the Sewer Line may be constructed in phases as permitting is
obtained from all regulatory agencies having jurisdiction over the construction of the Sewer
Line. Construction of each phase shall be completed within a reasonable time after initiation
of such phase. Construction of the Sewer Line shall be completed no later than June 30,
2004.
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C. The Sewer Line shall be designed and constructed in compliance with all
applicable laws, ordinances, and regulations.
3. For all purposes of this Agreement, only, and for no other purpose, the Developers,
as a group, shall hereinafter be called the "FWA Sewer Joint Venture" (the "Venture") and
this Agreement shall be the sole documentation governing the organization and administration
of the Venture.
4. Upon the execution of this Agreement, a checking account ("Account") shall be
opened in the name of Manhard as agent for the Venture at First Midwest Bank, and each
Developer shall deposit such Developer's Cost Percentage multiplied against $100,000.00 into
the Account to provide working capital for the Venture. Two (2) signatures shall be required
for each check drawn on the Account: one signature of a representative of Manhard and one
signature of a representative of any one of the Developers. Manhard's federal taxpayer
identification number shall be used for purposes of opening the Account and interest earned
on the Account shall be credited by Manhard to each of the Developers based upon their
respective Cost Percentages.
5. Simultaneous with the delivery to the City of all executed Easements by the
Developers, the City shall execute a License Agreement ("License") in favor of the Venture
whereby the Venture shall be designated as the City's agent for the construction of the Sewer
Line in accordance with final engineering plans prepared by Manhard and approved by the
City. The Easements and the License shall be recorded by the Venture at its sole cost and
expense.
6. Manhard is hereby designated as the construction manager for the Venture in
connection with the Sewer Line construction project. Manhard and the Venture shall execute
simultaneously with the execution of this Agreement an appropriate construction management
contract, which shall specify, among other items, the bidding and contract awarding process
and construction management fees to be paid Manhard by the Venture.
7. Upon the awarding of all contracts needed to construct the Sewer Line, each
Developer shall deposit into a construction escrow account ("Escrow Account") to be
established by Manhard on behalf of the Venture and approved by the City Attorney, in each
Developer's sole discretion with respect to its own contribution, either (a) funds in an amount
equal to the total of all such contracts multiplied against such Developer's then existing Cost
Percentage or (b) a letter of credit in a form acceptable to Manhard and the City in an amount
equal to the total of all such contracts multiplied against such Developer's then existing Cost
Percentage. It is agreed by the Developers that: (A) the Escrow Account shall be pledged to
the City as security for the construction of the Sewer Line in lieu of letter of credit or
performance bond and the City agrees to accept such pledge for such purpose; (B) each
periodic progress disbursement by Manhard shall be after ten (10) days advance notice
("Payment Notice") to the Developers and, absent written notice to the contrary from a
Developer to Manhard, may be by prorata withdrawal by Manhard of each Developer's Cost
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Percentage of its cash deposit in the Escrow Account; and (C) no call of the Cost Percentage
from a Developer's letter of credit deposited into the Escrow Account shall be made until
after the lapse of ten (10) days after a Payment Notice to each such letter of credit depositor
and the failure of such depositor to make a cash deposit of the called amount into the Escrow
Account. Upon deposit into the Escrow Account of cash by a Developer who deposited a
letter of credit into the Escrow Account, such letter of credit shall be reduced upon written
request of such depositing Developer. The City agrees that it is the intention of the parties
that the Escrow Account may be used for payment of the cost of construction of the Sewer
Line as hereinabove set forth. It is further agreed by the Developers that warranty period
security shall be provided to the City in the form of a performance bond to be acquired by
and in the name of the Venture.
8. In the construction of the Sewer Line, the Developers agree that the following
guidelines shall control the project:
A. Topsoil shall be stripped from each Easement parcel and stockpiled within areas
designated by the appropriate Developer;
B. Excavated trench spoils shall be stockpiled separate from the topsoil and stockpiled
within areas designated by the appropriate Developer;
C. After pipe installation, trench spoils shall be placed back in the trench in uniform
layers not exceeding twelve (12) inches thick (loose measure) and each layer shall be
compacted with mechanical equipment to ninety percent (90%) of maximum density as
determined by the Standard Proctor Test;
D. Excess clay material shall be placed over the entire Easement Parcel in uniform
layers and compacted to the specifications set forth in the foregoing subparagraph C;
E. Approximately six (6) inches of topsoil shall be respread over the entire Easement
parcel and the unused topsoil shall remain in the stockpile;
F. Final grading shall be performed in such a manner that adheres to drainage patterns
prior to initiation of the installation; under no circumstances shall there be any ponding of
stormwater runoff in areas where ponding did not occur prior to construction contemplated in
this Agreement; and
G. The entire Easement parcel shall be seeded with rye or oats upon completion of
final grading. Planting of seed shall occur between May 1 and September 30, unless directed
otherwise by Developers.
9. A. Upon completion of construction of the Sewer Line and the provision to the
City by the Venture of all documentation and information required by Title 22 of the Elgin
Municipal Code ("EMC"), the City agrees to adopt a reimbursement ordinance ("Ordinance")
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in favor of the Venture in the general form of Exhibit "C" attached hereto and made a part
hereof. Receipts pursuant to the Ordinance shall be paid to the Venture and the Developers
agree that the Venture shall disburse such receipts in accordance with the Cost Percentage in
existence at the time of each such receipt.
B. For purposes of computing the construction cost to be included in the Ordinance,
the cost of land acquisition, as provided in EMC Sec. 22.04.010, shall be the total acreage of
the Permanent Easements in the Sewer Line multiplied by $30,000.00 per acre.
C. The City and the Developers agree that the service area of the Sewer Line, being
the aggregate of the "benefitted properties" referenced in EMC Sec. 22.06.O10G, is as set
forth on Exhibit "D" attached hereto and made a part hereof and the City agrees that the
Ordinance shall be applicable to such properties.
10. As consideration for the construction of the Sewer Line by the Venture in
accordance with this Agreement and the granting by the Developers of the Easements
therefor, the City agrees to reserve in the Sewer Line, and all downstream sanitary sewer
facilities into which the Sewer Line flows which are under the control of the City, adequate
and sufficient capacity to address the needs of the projects to be developed by the Developers
as depicted in Exhibit "A".
11. The parties agree that, in the event of a default by any party, any other party
shall, prior to taking any action as may be available to it, provide written notice to the
defaulting party stating the default and giving the defaulting party thirty (30) days to cure. If
the default shall not be cured within the cure period aforesaid, then the party giving the notice
shall be permitted to avail itself of any remedies to which it may be entitled at law or in
equity. If it is necessary for any party to bring any action to enforce any of the provisions of
this Agreement, the prevailing party shall be entitled to recover its costs, including court costs
and reasonable attorneys fees, from the other party. Each Developer hereby agrees to
indemnify and hold harmless the other Developers from and against any and all damages
arising out of the default by a Developer in the performance of the defaulting Developer's
obligations hereunder, including but not limited to the payment to the non-defaulting
Developer or Developers of interest at the rate of ten percent (10%) per annum on the late
deposit of funds in the Escrow Account following a Payment Notice, as set forth in the
foregoing Paragraph 7.
12. The parties hereby covenant and agree that they will at all times after execution of
this Agreement do, execute, acknowledge, and deliver and will cause to be done, executed,
acknowledged, and delivered all such further acts, documents, and instruments as may
reasonably be required in order to carry out fully and effectuate the purposes and acts
contemplated in this Agreement.
13. This Agreement represents the entire agreement between the parties hereto and
shall not be modified or affected by any offer, proposal, statement, or representation, oral or
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written, made by or for either party in connection with the negotiation of the terms hereof.
No future modification, termination, or amendment of this Agreement may be made, except
by written agreement executed by the parties hereto. No failure by the parties hereto to insist
upon the strict performance of any covenant, duty, agreement, or condition of this Agreement
or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such
right or remedy or any other covenant, agreement, term, or condition. Any party hereto, by
written notice, may, but shall be under no obligation to, waive any of its rights or any
conditions to the obligations hereunder, or any duty, obligation, or covenant of any other
party hereto. No waiver shall affect or alter this Agreement, but each and every covenant,
agreement, term, and condition of this Agreement shall continue in full force and effect with
respect to any other then existing or subsequent breach thereof.
14, Time shall be of the essence of this Agreement and the performance of all
covenants, agreements, and obligations hereunder.
15. All notices and other communications to be given hereunder by any party to the
others shall be in writing and sent by personal delivery, overnight courier with evidence of
receipt, or certified or registered mail, return receipts requested, postage prepaid, addressed:
If to City City of Elgin
150 Dexter Court
Elgin, IL 60120
Attn: City Clerk
with a copy to: City of Elgin
150 Dexter Court
Elgin, IL 60120
Attn: Corporation Counsel
If to Developers: Pulte Home Corporation
Attn: Peter Keane
2250 Pointe Boulevard, Suite 401
Elgin, IL 60123
and
Kimball Hill, Inc
5999 New Wilke Road, Bldg. 5
Rolling Meadows, IL 60009
and
National Developers, Inc.
Attn: Peter Brennan
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1806 S. Highland Avenue
Lombard, IL 60148
With a copy to: Richard L. Heimberg, Esq.
Brady & Jensen
2425 Royal Blvd.
Elgin, Illinois 60123
or at such other addresses as the parties may designate to the other by written notice in the
manner herein provided. Any such notices or election shall be effective upon delivery, if
personally delivered, one (1) day after delivery to the overnight courier or two (2) days after
depositing same in the United States mails.
16. Notwithstanding any provision of this Agreement to the contrary, this
Agreement and the duties of the Developers to perform their obligations hereunder are
expressly agreed to be conditioned upon the acquisition by Pulte or its nominee, if any, of a
portion of the Kendall Parcel, which is the project to be known as "the Reserve," and a
portion of the Skok Parcel, which is the easterly portion of the project to be known as
"Edgewater." The Developers agree that, in the event Pulte has not acquired by August 31,
2003, that portion of the Skok Parcel in which the Sewer Line is intended to be located, either
Town & Country or Kimball Hill may (a) pursue acquisition of easements for the Sewer Line
direct with the then title holder of such portion of the Skok Parcel and, (b) if such efforts fail,
request that the City obtain such easements by any legal means, including its use of the power
of eminent domain. Under no circumstances shall the acquisition of easements by Town &
Country, Kimball Hill, or the City, as set forth in the foregoing sentence, absolve Pulte or any
other party ultimately developing the Skok Parcel from performing Pulte's covenants as set
forth in this Agreement, including but not limited to the obligation to pay Pulte's Cost
Percentage of the construction of the Sewer Line.
17. No construction of the Sewer Line shall be initiated or take place until the City
has received all necessary and required easements for the Sewer Line.
18. Upon completion of the Sewer Line and upon passing inspection by FRWRD and
acceptance by the City, the Developers shall convey or cause to be conveyed to the City, at
no cost to the City, all right, title, and interest to the Sewer Line and thereafter the City shall
be deemed to be the owner of the Sewer Line.
19. Notwithstanding anything to the contrary in this Agreement, the design, plan
review, construction, construction inspection, and construction administration for the Sewer
Line shall also be in compliance with the Far West Interceptor Sewer Policy for Inspections
and Construction, dated April 30, 2003, a copy of which is attached hereto as Exhibit "E".
SIGNATURES ON PAGE 8
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IN WITNESS WHEREOF, the parties have executed this agreement the day and date
first above written.
CITY OF ELGIN
BY:
,tec:/€4,4, 3ri•ei
Mayor
ATTEST: W1311,4 fl ,,,__
City Clerk
PULTE HOME CORPORATION
By: 40114,0 A,,,,,,/ B . 01141111ft
KIMBAL =� LL, INC.
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By: Ls.:.- ./ , i�
AID g(,�
NATIONALDEVELOPERS, INC.
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By: t A,u , i
ene wol. ` aeL.
realest\fwaswr7.agt 8
LIST OF EXHIBITS
Exhibit "A" Manhard colored drawing
of Far West Area showing
various projects and
Sewer Line routing
Exhibit "B" Manhard letter describing
methodology of cost
allocation
Exhibit "C" Sample recapture
ordinance
Exhibit "D" Service area map
Exhibit "E" Far West Interceptor
Sewer Policy for
Inspections and
Construction
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?\4J\lJF-IJ\_B[) ILLINOIS
Main Office
,CONSULTING 900 Woodlands Parkway
Vemon Hills,IL 60061
T�
847.634 5550
LTD.e i . Fax:847.634.0095
,tip ` Email:infolPmanhard.com
`. L7 a Downers Grove
��'s�/ 630.515.8500
Elgin Office
April 26, 2001 847.841.8800
Revised May 5, 2003 COLORADO
Littleton
303.708.0500
Mr. Mark Mastrorocco
Pulte Home Corporation
2500 W. Higgins Road, Suite 770
Hoffman Estates, Illinois 60195
RE: INTERCEPTOR SANITARY SEWERS
ELGIN, ILLINOIS
Dear Mark:
We have reviewed the probable costs for the proposed interceptor sanitary sewers that would serve the
developments in the Bowes Road corridor specifically,Town&Country Homes,Kimball Hill Homes and
Pulte Homes. We have separated each section of the proposed interceptor sewer and summarize the
probable costs for these improvements as follows:
Section "A"—From Deihs South Property Line to Bowes Road:
Section"A"would extend a 48"interceptor to the north along the east property line of the Deihs property
from the south property line to Bowes Road. This section of pipe would serve all four of the
developments. The probable cost for this 2,700 L.F. extension would be$1,060,000.00.
Section "B"—Crossing/Auger-Ina of Bowes Road:
Section "B"would extend a 48" interceptor north across the Bowes Road right-of-way. This section of
pipe would serve the Town&Country,Kimball Hill and Pulte Edgewater developments.The probable cost
for this 80 L.F. extension would be $85,000.00.
Section "C"—From Bowes Road at Otter Creek to the North Property Une of the Skok Property:
Section"C"would extend a 48"interceptor to the north along Otter Creek from Bowes Road to the north
property line of the Skok Property adjacent to Otter Creek. This section of pipe would serve the Town&
Country,Kimball Hill and Pulte Edgewater developments.The probable cost for this 3,000 L.F.extension
would be$1,180,000.00.
Section "D"—From the North Property Line of the Skok Property to the Town &County Parcel:
Section "D"would extend a 48" interceptor to the west along the south property line of the Kimball Hill
Development to the Town&Country property. This section of pipe would serve the Kimball Hill and Town Engineers
&Country developments. The probable cost for this 3,100 L.F. extension would be$1,030,000.00.
Surveyors
Section "E"—Through the Town &Country Development
Section"E"would extend the 48"interceptor along the south portion of the Town&Country parcel along Environmental
the north side of Water Road to the east property line of the Centex development.This section of pipe Scientists
would serve the Town & Country development. The total probable cost for this 2,600 L.F. extension
would be $870,000.00. Planners
•
Ip
FM BIT g
. Mr. Mark Mastroroccu
'" , May 5,2003
' Page 2
I
i 7i'(
The proposed interceptor sewer sizes were determined using information from the Baxter&Woodman
report dated April 2002. The following table summarizes the likely sewer loading for the four"current"
developments in the area including Pulte's proposed Townhome and Active Adult Communities,Kimball
Hill Homes, and Town &Country Homes:
Number of
Proposed Development Units P.EJUnit Total P.E. %of Total
Town&Country Townhomes 208 2.5 520.0 6.8%
Town&Country SF Lots 853 3.5 2985.5 38.7%
Kimball Hill SF Lots 395 3.5 1382.5 17.9%
Pulte Active Adult Community 1056 2.0 2112.0 27.4%
Pulte SF Lots 13 3.5 45.5 0.6%
Pulte Townhomes 266 2.5 665.0 8.6%
TOTAL 7710.5 100.0%
The following is a breakdown of the developments tributary to the different sections of the interceptor
sewers described on Page 1:
% Tributary to % Tributary to %Tributary to %Tributary to
Proposed Development Section A Sections B&C Section D Section
Town&Country Townhomes 6.8% 7.4% 10.6% 14.8%
Town&Country SF Lots 38.7% 42.4% 61.1% 85.2%
Kimball Hill SF Lots 17.9% 19.6% 28.3% 0%
Pulte Active Adult&SF 28.0% 30.6% 0% 0%
Pulte Townhomes 8.6% 0% 0% 0%
TOTAL 100% 100% 100% 100%
The following table summarizes a cost sharing suggestion based upon projected sewer use:
Pulte Pulte-
Town& Kimball Hill Active Adult Kendall
Interceptor Probable Cost Country Share Share Share Share
Section A $1,060,000.00 $482,300.00 $189,740.00 $298,800.00 $91,160.00
Sections"13&C" $1,265,000.00 $629,970.00 $247,940.00 $387,090.00 $0
Section"D" $1,030,000.00 $738,510.00 $291,490.00 $0 $0
Section"E" $870,000.00 $870,000.00 $0 $0 $0
TOTAL $4,225,000.00 $2,720,780.00 $729,170.00 $683,890.00 $91,160.00
Recapture% 100% 64.40% 17.25% 16.19% 2.16%
If you should have any questions, please do not hesitate to contact me.
Yours truly,
MANHARD C SULT G, LTD. •
4 iiif
William J. Hupperi , P.E.
Vice President/Project Manager
cc: John McFarland, Town &Country Homes
Scott Vigor, Kimball Hill Homes
DRAFT 11/7/02
Ordinance No. T
AN ORDINANCE
ALLOCATING THE COSTS OF CERTAIN SANITARY SEWER
IMPROVEMENTS TO BENEFITTED PROPERTIES
WHEREAS , (hereinafter referred to as the
"Developer" ) has caused certain sanitary sewer improvements to be
made as depicted on Exhibit A attached hereto (hereinafter referred
to as the "Subject Sanitary Sewer Improvements" ) ; and
WHEREAS , the construction of the Subject Sanitary Sewer
Improvements makes the Subject Sanitary Sewer Improvements
accessible to certain nearby properties and thereby benefits said
properties; and
WHEREAS , it is reasonable to require owners of property nearby
the Subject Sanitary Sewer Improvements to bear a proportionate
cost of the Subject Sanitary Sewer Improvements in the event that
said owners desire to connect to and use the Subject Sanitary Sewer
Improvements ; and
WHEREAS, the City of Elgin is a home rule unit authorized to
exercise any power and perform any function pertaining to its
government and affairs; and
WHEREAS , the construction of sanitary sewer improvements and
the allocation of the costs of sanitary sewer improvements to
benefitted properties pertains to the government and affairs of the
City of Elgin; and
WHEREAS, the City of E_ain has previously adopted Title 22 of
the Elgin Municipal Code, 1976 , as amended, entitled "Sanitary
Sewer Reimbursement" which provides for procedures relating to
sanitary sewer reimbursement regulations; and
WHEREAS, a listing of all benefitted properties which benefit
from the Subject Sanitary Sewer Improvements is attached hereto as
Exhibit B (hereinafter referred to as the "Subject Benefitted
Properties" ) ; and
WHEREAS , the total Project Cost of the Subject Sanitary Sewer
Improvements was $ of which $ is the amount
allocated to the Subject Benefitted Properties; and
WHEREAS , the City Council of the City of Elgin hereby finds
that the fair proportionate share of the costs of the Subject
C
Sanitary Sewer Improvements to the Subject Benefitted Properties by
the availability of such Subject Sanitary Sewer Improvements should
be computed at the rate of $ per Gross Developable Acre .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That terms used in this ordinance shall be defined
as used and defined in Title 22 of the Elgin Municipal Code, 1976 ,
as amended.
Section 2 . That the owner of any of the Subject Benefitted
Properties identified in Exhibit B attached hereto and made a part
hereof who desires to connect to and use the Subject Sanitary Sewer
Improvements shall pay to the Developer the amount allocated as the
fair proportionate share of the costs of the Subject Sanitary Sewer
Improvements being the amount of $ per Gross Developable
Acre . Said fee shall be in addition to any and all other fees
established by the City of Elgin for sanitary sewer services .
Section 3 . No Property listed in Exhibit 3 that will be
connected to the Subject Sanitary Sewer Improvements shall be
annexed into the city or shall be issued a building permit or
otherwise permitted to connect or to otherwise use the Subject
Sanitary Sewer Improvements until such time as payment is made to
the Developer in an amount equal to such property' s proportionate
share of said improvements as set forth in this ordinance . The
Developer shall issue a certificate of payment in the form approved
by the city upon the payment of reimbursement from the owner of a
benefitted property.
Section 4 . That any property held in common ownership with
and contiguous to property subject to the provisions of this
ordinance on the effective date of this ordinance shall be subject
to payment based on the entire amount established for the entire
parcel as provided in this ordinance .
Section S . That any person desiring to connect to the Subject
Sanitary Sewer Improvements may pay the amount allocated without
interest if payment is made prior to If full
payment is not made prior to , then payment
shall be made in full plus interest at the rate of percent
( %) per annum accruing from , until the date
of payment .
Section 6 . That a certified copy of this ordinance shall be
recorded with the Recorder of Deeds, County, Illinois .
Section 7 . That this ordinance shall be in full force and
effect from and after is passage in the manner provided by law.
Ed Schock, Mayor
Presented:
Passed:
Vote : Yeas Nays :
Recorded:
Published:
Attest :
Dolonna Mecum, City Clerk
EXHIBIT A
Depiction of Subject Sanitary Sewer Improvements to be attached.
EXHIBIT B
Listing of benefitted properties including parcel size in acres,
tax identification numbers, legal descriptions and owners of record
to be attached.
F:\regal Dept\Ordinances\Recaptre Sanitary Sewer FORM-WAC.wpd
Far West Interceptor Sewers
Policy for Inspections and Construction
April 30, 2003
This policy has been developed by the City of Elgin's Engineering Division in
cooperation with Fox River Water Reclamation District (FRWRD) to address the atypical
nature of the construction of interceptor sewers by the development community. This
policy applies to any interceptor sanitary sewer to be constructed by a developer.
Typically,the City or FRWRD will construct the large diameter sewers known as
interceptor sewers whereas the development community will construct the smaller or
lateral type sewers. Because of the importance of the interceptors, the City and the
District have modified the standard operating procedures utilized for the smaller or lateral
type sewers thereby resulting in this policy. For the purpose of this policy, an interceptor
sewer shall be defined as the sanitary sewer system depicted in the April 2002 Baxter and
Woodman study or any other sewer so defined by the City of Elgin's Engineer. Sewer
services will not be allowed on interceptor sewers.
1. Plan review
a. The City's Engineering Division will attempt to coordinate and share
review comments with the Fox River Water Reclamation District in order
to provide the developer a consistent position relative to plans.
b. Permit sign off by the City will occur after:
i. the developer's engineer has secured a permit or no permit
required from all agencies other than the City and FRWRD (Army
Corp, IDNR, Illinois Nature Preserve, US Fish and Wildlife, etc.).
ii. all easements have been secured.
iii. the plans have been approved by the City's Engineering Division
and FRWRD.
iv. the developer has agreed to set up an escrow account with the City
to fund the full time inspection as required under FRWRD's
regulations. See Construction Administration.
c. If proposed plan affects the service area(changes in route, size, depth,
etc.) as depicted in the Sewer Study, developer shall pay the City to have
the alternative reviewed by Baxter and Woodman.
d. The location of interceptor sewers shall be carefully considered in terms of
future maintenance. Sewers located near stormwater facilities must be
accessible (via excavation) during normal conditions. Sewers located
within the limits of stormwater facilities must be placed in casings and
designated pit locations reserved.
e. The City is concerned with the proposed placement of watermain in the
proximity of the interceptor sewers and how trench settlement (from the
sewer) will impact the watermain. The developer will need to prove that
settlement will not impact the watermain.
f The developer and his engineer MUST include planning for future
connections (provide areas to be served and locations of connects).
2. Materials
a. Pipes up to 21"in diameter shall be PVC SDR 26.
b Pipe sizes 24" to 48" shall be one of the following:
i. Reinforced Concrete Cylinder Pipe (RCCP)
ii. Ductile Iron (DI)with polyethylene lining
iii. Ductile Iron (DI) with a fused calcium aluminate mortar lining
iv. Prestressed Concrete Pressure Pipe (PCPP)
v. Reinforce Concrete Pipe (RCP), Class V with steel end rings
vi. Centrifugally Cast Fiberglass Pipe (CCFRP)
c. Manholes:
i. No drop connections on interceptor sewer manholes. Extend line
out to a secondary manhole and drop may be placed on it. NO
interior drop connections.
ii. No buried manholes. Mound up around structure if necessary.
iii. Spacing of manholes will be in accordance with:
1. IF pipe size is 21" or less THEN TEPA requirements shall
be followed.
2. IF pipe size is 24" or higher THEN the maximum spacing
shall be 800 lineal feet.
3. Spacing maybe extended ONLY if it is in the best interest
of the City to do so.
3. Construction Administration
a. The City will contract with at least two engineering firms meeting the
approval of both the City and FRWRD to provide the construction
inspection required by FRWRD and to protect the interest of the City, the
owner of the completed interceptor sewer. The fees paid to the
engineering firm will be based upon that firms hourly rate of an engineer
plus expenses.
b. All other administration responsibilities will be the responsibility of the
developer and his engineer(Bidding, cost estimates and payouts,
construction administration and over site,project control, recapture
agreements and the costs to be include, as constructed drawings
(electronic and hard copy), collection of waivers, etc.).
c. Developer shall reimburse the City for all costs of such construction
inspection. In the event the escrow account for such costs provided for in
Section I(b) (i) (v) hereof is insufficient to cover such costs, developer
agrees to pay to the City the additional funds for the costs of construction
inspection.
4. Easements
No construction on an interceptor sewer shall be initiated or take place until
the City has received all necessary and required easements for the interceptor
sewer.
5. Interceptors to be Owned by the City of Elgin
Upon the completion of an interceptor sewer and upon passing inspection by
FRWRD and acceptance by the City the Developer shall convey or caused to
be conveyed to the City of Elgin and at no cost to the City all right, title and
interest to the interceptor sewer and the City of Elgin shall be deemed the
owner of such interceptor sewer.
6. Sanitary Sewer Lateral or Main Extensions
The City agrees that upon the request of the Developer to execute the sanitary
sewer lateral and/or main extension TEPA permits after the City has executed
the IEPA permits for the interceptor but before the interceptor sewer
construction is complete, provided that the lateral and/or main extension plans
and specifications are consistent with all required ordinances and other
requirements of law. In such event Developer will be proceeding with the
planning, design and construction for any lateral and/or main extension from
the interceptor sewer at its own risk. The Developer further agrees that it can
only obtain building permits for residential units at its development for its
model homes until such time as the interceptor sewer and lateral and main
sewers are substantially completed.
F:\Legal DeptWQreement\Far West Interceptor Sewer Policy-4-30-03-WAC.doc
Resolution No. 03-166
RESOLUTION
AUTHORIZING EXECUTION OF A SEWER LINE CONSTRUCTION,
CONTRIBUTION AND RECAPTURE AGREEMENT WITH PULTE HOME CORPORATION,
KIMBALL HILL, INC. AND NATIONAL DEVELOPERS, INC.
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 a Sewer Line
Construction, Contribution and Recapture Agreement on behalf of the
City of Elgin with Pulte Home Corporation, Kimball Hill, Inc . and
National Developers, Inc. for sanitary sewer services to the Pulte
Reserve, Pulte Edgewater, Waterford and Providence Subdivisions, a
copy of which is attached hereto and made a part hereof by
reference .
s/Ed Schock
Ed Schock, Mayor
Presented: June 11, 2003
Adopted: June 11, 2003
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk