04-260 Resolution No. 04-260
RESOLUTION
AUTHORIZING EXECUTION OF A WATER SERVICE AGREEMENT WITH
GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH, U.A.C., OF ELGIN, ILLINOIS
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 Water Service Agreement on behalf of the City of Elgin with Good Shepherd Evangelical
Lutheran Church,U.A.C.,of Elgin,Illinois for water service to its property located at 11N601 Nesler
Road, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 22, 2004
Adopted: September 22, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
WATER SERVICE AGREEMENT
THIS AGREEMENT made and entered into this ' day of Se p0['r , 2004, by and
between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the
`City'), and THE GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH, U.A.C., OF
ELGIN, ILLINOIS, (hereinafter referred to as the "Owner").
WITNESSETH
WHEREAS, the Owner is the Owner of the property commonly known as 11N601
Nesiler Road, Elgin, IL such property being legally described on Exhibit A attached hereto
(hereinafter referred to as the Subject Property); and
WHEREAS, the Subject Property is not located within the corporate limits of the City
or any other municipality but is adjacent and contiguous to the corporate limits of the City;
and
WHEREAS, the Owner is desirous of annexing the Subject Property into the
corporate limits of the City and is in the process of preparing the necessary petition for
annexation and proposed annexation agreement to provide for the annexation of the Subject
Property into the corporate limits of the City; and
WHEREAS, the property adjacent to the Subject Property to the east is within the
corporate limits of the City and the owner of such property adjacent to the Subject Property to
the east has installed and constructed a water main which is stubbed to the eastern property
line of the Subject Property (such water main is hereinafter referred to as the "Subj ect City
Water Main'); and
RE/Good Shepherd/Water Agreement
WHEREAS, the Owner has requested that the City allow the Owner to connect to the
Subject City Water Main to provide water service for the Subject Property prior to the actual
annexation of the Subject Property into the corporate limits of the City; and
WHEREAS, the City has agreed to allow the Owner to connect to the Subject City
Water Main and to obtain water service for the Subject Property pursuant to the terms and
provisions of this agreement.
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 is
hereby acknowledged, the parties hereto agrees as follows:
1. The Owner is hereby granted permission by the City to connect to the Subject
City Water Main so as to provide City water service to the Subject Property. The Owner's
connection to the Subject City Water Line shall be performed in conformance with all
applicable City ordinance requirements and other applicable requirements of law as
determined by the City's Water Director and shall be at the sole cost and expense of the
Owner without any cost or expense to the City. Prior to the connection by the Owner to the
Subject City Water Main the Owner shall submit plans and specifications regarding such
proposed connection to the City's Water Director for approval. Prior to such connection the
Owner shall pay all applicable charges and fees to the City and shall also pay any monies due
pursuant to any outstanding recapture or reimbursement ordinances for the Subject City Water
Main.
2. The City water service as authorized herein shall be solely and only for the
Subject Property. The City water service to be provided by the City to the Owner for the
RE/Good Shepherd/Water Agreement 2
Subject Property pursuant to this agreement shall be on a basis comparable to other applicable
areas of the City bearing similar characteristics to the Subject Property, it being agreed and
understood that the water service referred to herein is intended as a general service only and
that no special duty or obligation is intended nor shall be deemed or to be created by this
agreement. The water service to be provided to the Subject Property shall be subject to all
applicable City ordinances and other regulations including, but not limited, to, Title 14 of the
Elgin Municipal Code, 1976, as amended. Water rates for all water service furnished by the
City to the Owner shall be as set forth in Title 14 of the Elgin Municipal Code, 1976, as
amended, and in particular Section 14.04.190 which provides for water rates for consumers
outside the corporate limits of the City. Owner shall pay all charges to the City when due for
the water service provided by the City pursuant to this agreement.
3. The Owner shall within thirty (30) days of the date of this agreement file with
the City a petition for annexation for the Subject Property requesting the annexation of the
Subject Property into the corporate limits of the City of Elgin. Notwithstanding the foregoing
or anything to the contrary in this agreement, it is agreed and understood that nothing in this
agreement is intended nor shall be construed as to require the City to agree to the annexation
of the Subject Property into the corporate limits of the City of Elgin.
4. The term of this agreement shall be for one (1) year from the date and year
first written above. Notwithstanding the foregoing, this agreement shall automatically
terminate upon the annexation of the Subject Property into the corporate limits of the City.
Additionally, the City may terminate this agreement at any time upon thirty (30) days advance
written notice to the Owner.
RE/Good Shepherd/Water Agreement 3
5. This agreement shall not be deemed or construed to create an employment,
joint venture, partnership, or other agency relationship between the parties hereto.
6. The failure by a party to enforce any provision of this agreement against the
other party shall not be deemed a waiver of the right to do so thereafter.
7. 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.
8. 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 have been merged herein and extinguish hereby.
9. This agreement is and shall be deemed and construed to be a joint and
collective work product of the City and Owner, and, as such, this agreement shall not be
construed against the other party, as the otherwise purported draft 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.
10. 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.
11. This agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. 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.
12. If either party fails or refuses to carry out any of the material covenants or
RE/Good Shepherd/Water Agreement 4
obligations herein, the other party shall be entitled to pursue any and all available remedies as
specified herein or as otherwise available at law, equity or otherwise. Notwithstanding the
foregoing or anything else to the contrary in this agreement, no action shall be commenced by
the Owner or any other person or entity against the City or any of its officials, officers,
employees, agents or any other related person or entity for monetary damages.
13. All notices shall be required to be in writing and should be served on the
parties at the addresses following their signatures. The mailing of a notice by registered or
certified mail, return receipt requested, or personal delivery by courier service shall be
sufficient service.
14. To the fullest extent permitted by law, Owner agrees to and shall indemnify,
defend and hold harmless, the City, its officials, officers, employees, attorneys, agents, boards
and commissions from and against any and all claims, suits, judgments, costs, attorney's fees,
damages or other relief, including but not limited to workman's compensation claims, in any
way resulting from or arising out of or alleged to be resulting from or arising out of negligent
actions or omissions of the Owner in connection herewith, including negligence or omissions
of employees, agents or subcontractors of Owner arising out of the performance of this
agreement, or in any way resulting from or arising out of or alleged to be resulting from or
arising out of any violation and/or breach of the terms or provisions of this agreement by the
Owner, including any violation and/or breach by employees, agents or subcontractors of the
Owner. In the event of any action against the City, its officials, officers, employees, agents,
attorneys, 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. The
RE/Good Shepherd/Water Agreement 5
provisions of this paragraph shall survive any termination and/or expiration of this agreement.
IN WITNESS WHEREOF, the parties have entered into and executed this agreement
on the date and year first written above.
CITY OF ELGIN, an Illinois GOOD SHEPHERD LUTHERAN CHURCH
municipal corporation
B / _ ! _-'G CS✓ � >.c..„,„„
Y ,_ . - �' _Imo•► By /�
Mayor Mrs. Ursula Kasperson, Executive Director
Attest: Attest:
City Clerk
City of Elgin Good Shepherd Church
Attn: City Clerk Attn.: Mrs. Ursula Kasperson, Executive Director
150 Dexter Court 1111 Van Street
Elgin, Illinois 60120 Elgin, Illinois 60123
With a copy of any notice to:
Mr. William A. Cogley, Esq. Mr. Richard L. Heimberg, Esq.
Corporation Counsel Brady & Jensen, LLP
City of Elgin-Legal Department 2425 Royal Boulevard
150 Dexter Court Elgin, Illinois 60123
Elgin, Illinois 60120 -
RE/Good Shepherd/Water Agreement 6
a , .
Exhibit A
THAT PART OF SECTIONS 17 AND 18 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF MOELLER' S SUBDIVISION, A SUBDIVISION OF SAID SECTION
17, AND ALSO BEING A POINT IN THE CENTER LINE OF U. S. ROUTE 20; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE, BEING ON A CURVE TO THE RIGHT AND
HAVING A RADIUS OF 4326. 96 FEET, AN ARC DISTANCE OF 296. 90 FEET; (THE CHORD
OF THE LAST DESCRIBED CURVE BEARING NORTH 66 DEGREES, 19 MINUTES, 12
SECONDS WEST 269 . 86 FEET ) ; THENCE NORTH 64 DEGREES, 58 MINUTES, 36 SECONDS
WEST ALONG SAID CENTER LINE, 170. 08 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 64 DEGREES, 58 MINUTES 36 SECONDS WEST ALONG SAID CENTER
LINE, 577. 78 FEET TO THE CENTER LINE OF NESTLER ROAD; THENCE SOUTH 31
DEGREES, 41 MINUTES, 01 SECONDS WEST ALONG SAID CENTER LINE, 1121 . 36 FEET;
THENCE SOUTH 64 DEGREES, 58 MINUTES, 36 SECONDS EAST 1218 . 07 FEET; THENCE
NORTH 21 DEGREES, 24 MINUTES, 53 SECONDS EAST ALONG A LINE, IF EXTENDED,
WOULD INTERSECT THE SOUTHWEST CORNER OF MOELLER' S SUBDIVISION AFORESAID, A
DISTANCE OF 822.34 FEET TO A POINT 300 .0 FEET SOUTHWESTERLY OF SAID
SOUTHWEST CORNER OF MOELLER' S SUBDIVISION (AS MEASURED ALONG SAID EXTENDED
LINE) ; THENCE NORTH 67 DEGREES, 16 MINUTES, 47 SECONDS WEST 439 .48 FEET;
THENCE NORTH 21 DEGREES, 27 MINUTES, 30 SECONDS EAST 311 . 34 FEET TO THE
POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART OF U.S. ROUTE 20
DEDICATED FOR ROADWAY PURPOSES BY DOCUMENT NUMBERS 424677 AND 1363891 ) , IN
ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
Agenda Item No. U 1
City of Elgin
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September 17, 2004
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TO: Mayor and Members of the City Council *tom ` ' r .'
FINANCIALLY STABLE CITY GOVERNMENT
EF F K IFN I SLFNK FS.
AND OU UTY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager
William A. Cogley, Corporation Counsel
SUBJECT: Proposed Water Service Agreement with the Good Shepherd Evangelical
Lutheran Church of Elgin
PURPOSE
The purpose of this memorandum is to submit to the Mayor and members of the City Council
information regarding a proposed water service agreement with the Good Shepherd Evangelical
Lutheran Church of Elgin.
rRECOMMENDATION
It is recommended that the City Council approve the proposed water service agreement with the
Good Shepherd Evangelical Lutheran Church of Elgin.
BACKGROUND
The Good Shepherd Evangelical Lutheran Church of Elgin is the owner of the property
commonly known as 11N601 Nesler Road. The Good Shepherd Church has recently built a new
church building on such property. Such property is not currently located within the corporate
limits of the city, but is adjacent and contiguous to the current city limits.
The Good Shepherd Church has advised the city it is desirous of annexing its property into the
corporate limits of the city and is in the process of preparing the necessary petition for
annexation and the proposed annexation agreement. The Good Shepherd Church is requesting
that the city enter into a water service agreement to allow for city water service to the church
property until the annexation of the subject property is completed.
The property adjacent to the church property to the east is within the corporate limits of the city.
Such property is the Town and Country residential development. Town and Country has
installed and constructed a water main which is stubbed to the eastern property line of the church
property.
•Proposed Water Service Agreement with Good Shepherd Evangelical Church
September 16, 2004
Page 2
Attached is a proposed water service agreement between the city and the Good Shepherd
Evangelical Lutheran Church. The terms of such proposed water service agreement may be
summarized as follows:
1. The church would be granted permission to connect to the city water main located at the
eastern boundary of the church property. Such connection to the city's water main would
be required to be performed in conformance with all applicable city ordinances
requirements and other applicable requirements of law and would be at the sole cost and
expense of the church without any costs or expense to the city. Prior to the connection by
the church to the city water main the church would be required to submit plans and
specifications regarding such proposed connection to the city's water director for
approval. Prior to such connection the church would also be required to pay all
applicable charges and fees to the city and also pay any monies due pursuant to any
outstanding recapture or reimbursement ordinances for the subject water main.
2. The city water service authorized in the water service agreement would be only for the
subject property and would be subject to all applicable city ordinances and other
regulations including those set forth in Title 14 of the Elgin Municipal Code. Water rates
for the water service furnished by the city to the church would be as set forth in Title 14
of the Elgin Municipal Code and in particular Section 14.04.190 which provides for
water rates for consumers outside the corporate limits of the city. Section 14.04.190
rob. provides a 75% surcharge for consumers outside the city.
3. The church would be required to, within 30 days of the date of the entry into the water
service agreement, file with the city a petition for annexation requesting the annexation of
the subject property into the corporate limits of the city.
4. The term of the water service agreement would be for a period of one (1) year. The
agreement would automatically terminate upon the annexation of the subject property
into the corporate limits of the city. Additionally, the city could terminate the water
service agreement at any time upon thirty(30) days advance written notice to the church.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
INANCIAL IMPACT
All costs regarding the proposed connection to the city's water main will be paid by the church.
The city will receive water fees for all water service provided to the subject property pursuant to
Title 14 of the Elgin Municipal Code.
LEGAL IMPACT
1 None.
- Proposed Water Service Agreement with Good Shepherd Evangelical Church
September 16,2004
Page 3
r
ALTERNATIVES
1. Approve the water service agreement.
2, Do not approve the water service agreement.
Respectfully submitted for Council consideration.
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