06-257 � s
Resolution No. 06-257
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE PINGREE GROVE
AND COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING
THE ANNEXATION AND DISCONNECTION OF PROPERTIES
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 with the Pingree Grove and Countryside Fire Protection
District on behalf of the City of Elgin in connection with the annexation and disconnection of
properties, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 11, 2006
Adopted: October 11, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION NO. 2006-002
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL BOUNDARY AGREEMENT BETWEEN
THE DISTRICT AND THE CITY OF ELGIN
WHEREAS, the Board of Trustees (the "Board") of the Pingree Grove & Countryside Fire
Protection District, Kane County, Illinois, (the "District") has the authority to enter into intergovernmental
agreements;and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local
government to contract or otherwise cooperate with each other in order to accomplish common goals and
objectives;and
WHEREAS, 5 ILCS 220/3 entitled "Intergovernmental Cooperation Act", provides that any power
or powers,privilege or authority exercised,or which may be exercised by a public agency,may be exercised
and enjoyed jointly with any other public agency;and
WHEREAS,5 ILCS 220/2 defines a public agency as"any unit of local government;" and
WHEREAS, the District and the City of Elgin (the "City"), as units of local government, are both
public agencies as defined by statute;and
WHEREAS, the District and City have become immersed in litigation between the parties based
upon annexations by the City of properties contained within the District;and
WHEREAS, the District and City have negotiated and have agreed to enter into an
intergovernmental agreement regarding the settlement of all pending annexation and disconnection litigation,
the avoidance of future territorial litigation between the parties and the establishment of a plan of
compensation to the District for the loss of disconnected property from the District;and
WHEREAS, the District finds that this intergovernmental agreement is in the best interests of the
District,the City,and their respective residents.
NOW, THEREFORE, Be It Resolved, by the Board of Trustees of the Pingree Grove &
Countryside Fire Protection District,Kane County,Illinois,as follows:
Section One: The President and Secretary of the Board of Trustees are authorized to execute and
enter into the agreement titled"Intergovernmental Agreement and Settlement Agreement Between the City of
Elgin and the Pingree Grove and Countryside Fire Protection District Regarding the Annexation and
Disconnection of Properties"attached hereto and made a part hereof as EXHIBIT A.
Section Two: This Resolution shall be in full force and effect upon its adoption and shall supersede
any agreement,resolution,or motion,or part of any agreement,resolution,or motion in conflict with any part
herein,any such agreement,resolution,or motion or part thereof is hereby repealed.
Section Three: Copies of this Resolution shall be forwarded to the City of Elgin and the District's
legal counsel.
ADOPTED this 9th day of October,2006,by a roll call vote as follows:
AYES: 4
NAYS: 0
ABSENT: 1
Pf-71it
<5?-44 141
Ronald Hartmann, resident,Board of Trustees
Pingree Grove&Countryside Fire Protection District
A I ThST:
A"--1
John Payson, Sec ,Board of Trustees
Pingree Grove&e6untryside Fire Protection District
2
STATE OF ILLINOIS )
SS
COUNTY OF KANE )
SECRETARY'S CERTIFICATE
I,JOHN PAYSON,the duly qualified and acting Secretary of the Board of Trustees of the Pingree
Grove&Countryside Fire Protection District,Kane County,Illinois,do hereby certify that attached hereto is
a true and correct copy of a Resolution entitled:
RESOLUTION NO. 2006-002
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL BOUNDARY AGREEMENT BETWEEN
THE DISTRICT AND THE CITY OF ELGIN
which Resolution was duly adopted by said Board of Trustees at a meeting held on the 9th day of October
2006.
I do further certify that a quorum of said Board of Trustees was present at said meeting,and that the
Board of Trustees complied with all requirements of the Illinois Open Meetings Act.
IN WITNESS WHEREOF,I have hereunto set my hand this 9th day of October 2006.
John Payson,Sec ,Board Trustees
Pingre9 Grove&Countryside Fre Protection District
3
9/25/06
INTERGOVERNMENTAL AGREEMENT AND SETTLEMENT AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE PINGREE GROVE AND
COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING
THE ANNEXATION AND DISCONNECTION OF PROPERTIES
THIS AGREEMENT is made and entered into as of the last date set forth next to the
signatures of the parties hereto, by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as the "City"), and the Pingree Grove and Countryside Fire
Protection District, an Illinois fire protection district (hereinafter referred to as the "District")
(the City and the District are hereinafter collectively referred to as the "Parties").
WHEREAS, the City has previously annexed certain territory and currently intends to
annex additional territory within the boundaries of the District; and
WHEREAS, the District has previously filed certain lawsuits against the City seeking to
prevent the disconnection of certain territories annexed by the City, such litigation being more
particularly described in latter sections of this Agreement; and
WHEREAS, the City and the District wish to settle the litigation referred to in this
Agreement and to enter into an agreement to avoid future disputes over the annexation of
territory by the City and the disconnection of such territory from the District pursuant to the
terms and conditions as set forth in this Agreement; and
WHEREAS, it is in the best interests of the parties and the citizens of the areas of each of
the parties to settle the disputes over the jurisdiction of such areas; and
WHEREAS, in the absence of a settlement agreement the parties would otherwise engage
in continued litigation and probable future litigation regarding whether certain territories within
the boundaries of the District that have been or will be annexed to the City will become
disconnected from the District and such continued and probable litigation will cause potential
concerns and confusion and the provision of efficient fire protection and emergency medical
services to the Parties' respective jurisdictions which the Parties wish to avoid; and
WHEREAS, the Parties wish to enter into this settlement agreement to fully and finally
settle all claims regarding the annexation to the City and disconnection from the District of any
and all property or territory in the boundaries of the District; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970
authorizes units of local government to contract or otherwise associate among themselves, and to
exercise, combine or transfer any power or function in any manner not prohibited by law or by
ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.
provides inter alia, that "...any power or powers, privileges or authorities exercised or which
may be exercised by a public agency of this State may be exercised and enjoyed jointly with any
other public agency of this State...".
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto a ee as follows:
g �
1. The City shall during the term of this Agreement require in future annexation
agreements for territory within the boundaries of the District that the owners or developers of
any land currently within the District that are annexed into the City of Elgin during the term of
this Agreement pay to the District a fee of Two Hundred Twenty-Five Dollars ($225) per acre.
Properties located partially within the District and partially in another district would pay the per
acre fee for the acreage within the District. Such fee would be required in the annexation
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agreement for such properties and would be payable to the District prior to or concurrent with the
passage of the ordinance by the city that annexes the property into the City. Such annexation
agreement shall also contain a provision that no building permits would be issued for such
property by the City until such time such fee has been paid to the District. Such per acre fee
shall be in lieu of any other fees to the District including but not limited to the statutory
disconnection fee pursuant to 70 ILCS 705/20(e) and the District hereby and does waive any and
all rights to any and all other such fees. Upon receipt of such per acre fee the District shall
promptly issue to the owner or developer paying such fee and to the City a receipt evidencing
such payment. The City agrees for itself, its officials, officers, employees, successors and
assigns, that it shall not directly or indirectly file any court action, take any action, or support the
filing of any action which challenges, opposes or otherwise seeks to prevent such annexing
owners and developers from paying the per acre fee to the District referred to in this section.
2. Any property or territory within the District which during the term of this
Agreement is annexed into the City and for which the fee referred to in Section 1 hereof is paid
to the District shall by operation of law be disconnected from the District pursuant to 70 ILCS
705/20(a), as amended. The District agrees for itself, its officials, officers, employees,
successors and assigns, that it shall not directly or indirectly file any court action or take any
other action which challenges, objects to, opposes or seeks to prevent the disconnection from the
District of any such property or territory so annexed into the City during the term of this
Agreement including, but not limited to, filing a petition seeking to prevent such disconnection
pursuant to 70 ILCS 705/20(b), as amended. The District further agrees for itself, its officials,
officers, employees, successors and assigns, that it hereby waives any and all rights either
directly or indirectly to file any court action or take any other action which challenges, objects to,
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opposes or seeks to prevent the disconnection from the District of any such property or territory
within the District that is annexed into the City during the term of the Agreement including, but
not limited to, waiving any and all rights to file a petition seeking to prevent such disconnection
pursuant to 70 ILCS 705/20(b), as amended. The provisions of this Section 2 of this Agreement
are not intended to apply to any property or territory not located in the corporate city limits of the
City of Elgin or annexed into the City of Elgin during the term of the Agreement including, but
not limited to, proceedings pursuant to 70 ILCS 705/19 or 70 ILCS 705/21. The provisions of
this Section 2 shall survive the expiration and/or termination of this Agreement with respect to
any property or territory within the District which are annexed by the City prior to the expiration
and/or termination of this Agreement.
3. The District further agrees for itself, its officials, officers, employees, successors
and assigns, that it shall not either directly or indirectly file any court action or take any other
action which challenges, objects to, opposes or seeks to prevent any annexation to the City of
any property or territory within the District that has been previously or is during the term of this
Agreement annexed into the City. The District further agrees for itself, its officials, officers,
employees, successors and assigns, that it hereby waives any and all rights to directly or
indirectly file any court action or take any other action which challenges, objects to, opposes or
seeks to prevent any annexation to the City of any property or territory within the District that
has previously been or is during the term of this Agreement annexed into the City. The
provisions of this Section 3 shall survive the expiration of this Agreement with respect to any
property or territory within the District which are annexed by the City prior to the expiration of
this Agreement.
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4. The City agrees during the term of this Agreement to serve certain areas within
the District identified by the District on an automatic aid basis with certain restrictions as
described in this Section. The areas within the District which shall be initially eligible for such
automatic aid service are those areas in the District east of Randall Road identified on the map
attached hereto as Exhibit A. Additional areas which would be eligible for such automatic aid
service shall be limited to areas within the District which meet the characteristics of(1) the area
has been rendered non-contiguous to the remaining District as a result of future annexations by
the City; (2) the area is not located within the corporate limits of the Village of Pingree Grove;
and (3) the area contains properties which are in total less than twenty-five (25) acres in size.
The specific procedures for such automatic aid service are to be agreed by the chiefs of the City
and the District with such agreement by such chiefs not to be unreasonably withheld. It is agreed
and understood that the services referred to in this section that the City will be providing are
general services only and that no special duties or obligations are intended nor shall be deemed
or construed to be created by this Agreement. It is further agreed and understood that this
Agreement is not intended nor shall be construed to alter, limit, or constitute a waiver of any of
the civil immunities afforded the City and/or the District and/or their officials, officers,
employees, and/or agents pursuant to the Local Governmental and Governmental Tort
Immunities Act at 745 ILCS 10/1-101 et seq., as amended, the Emergency Telephone System
Act at 50 ILCS 750/0.01 et seq., as amended, the Emergency Medical Services Systems Act at
210 ILCS 50/1 et seq., and/or otherwise provided by law, it being agreed that all of the civil
immunities as set forth in such Acts, as amended, and/or otherwise provided by law, shall fully
apply to any and all claims asserted or which might be asserted against the City and/or the
District and/or their officials, officers, employees and/or agents as a result of this section of the
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Agreement or any of the actions of the parties pursuant to this section of the Agreement.
Without limiting the foregoing, it is further agreed and understood that the City and/or the
District and/or their officials, officers, employees and/or agents as a result of this section of the
Agreement or any of the actions of the parties pursuant to this section of the Agreement shall not
be liable to any party to this Agreement or any other person or entity for failure to provide
adequate fire protection, rescue, or emergency service, failure to suppress or contain a fire,
failure to provide or maintain sufficient personnel, equipment, or other fire protection facilities,
and/or for any act and/or omission in connection with the developing, adopting, operating or
implementing any plan or system relating to the City's and/or the District's emergency telephone
systems. Notwithstanding anything to the contrary in this section or this Agreement, it is agreed
and understood that no third-party beneficiaries are intended to be created by the provisions of
this section and it is the intention of the parties hereto that no action may be commenced by any
person or entity against the City and/or the District and/or their officials, officers, employees,
agents and/or other related persons or entities for monetary damages for any alleged breach or
failure to provide services described in this section of the Agreement.
5. The City shall conduct an internal accounting of annexation of properties within
the District over the past five (5) years to determine whether the City has properly remitted to the
District the statutory disconnection fees for such annexations pursuant to 70 ILCS 705/20(e).
The City shall provide the District the results of such internal accounting review within ninety
(90) days of the entry into this Agreement and remit to the District within such ninety-day period
any monies due and owing for such previous annexations pursuant to 70 ILCS 705/20(e).
6. The City and the District agree that the following four lawsuits are pending
between the City and the District: (1) In re the Petition of Pingree Grove and Countryside Fire
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Protection District v. City of Elgin, Case No. 05 CH K 300; (2) In re the Petition of Pingree
Grove and Countryside Fire Protection District v. City of Elgin, Case No. 06 MR K 213; (3) In
re the Petition of Pingree Grove and Countryside Fire Protection District v. City of Elgin, Case
No. 06 MR K 227; and (4) In re the Petition of the Pingree Grove and Countryside Fire
Protection District v. City of Elgin, Case No. 06 MR K 245 (such four lawsuits are hereinafter
collective referred to as the "Subject Pending Lawsuits"). The City and the District agree that
the Subject Pending Lawsuits shall be each dismissed with prejudice within thirty (30) days of
the entry into this Agreement upon the motion of the District or the City with an agreed order of
dismissal being entered in each of such matters providing that the case shall be dismissed with
prejudice and without costs, that the property which is the subject of such matter shall be
disconnected from the District pursuant to 70 ILCS 705/20(a), as amended, that the District shall
file a certified copy of the agreed order of dismissal with the Kane County Clerk within ten (10)
days of the entry of the order, that each party shall bear its own costs and attorneys' fees, and
that the order shall provide that the order disposes of all claims involved in the subject litigation
and as a final judgment order, that there is no just reason for delaying either the enforcement or
appeal of such order, and that the Parties shall waive their rights to appeal from such order. In
further consideration of the dismissal of each of the Subject Pending Lawsuits, the Parties
acknowledge and agree that the owners or developers of the properties which are the subject of
the Subject Pending Lawsuits have agreed and shall pay to the District the following amounts
prior to the entry of the agreed order of dismissal in such matters: (1) Case No. 05 CH K 300 the
total amount of$15,000.00; (2) Case No. 06 MR K 213 the total amount of$5,400.00; (3) Case
No. 06 MR K 227 the total amount of $2,477.25; and (4) Case No. 06 MR K 245 the total
amount of$5,422.50.
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7. This Agreement shall be binding upon and inure to the benefit of the City and the
District, and upon any persons or entities who may be assigned or otherwise succeed to all or any
portion of the authority, rights, duties, powers, functions or purposes of the City and the District,
or either of them. 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.
8. This Agreement is not intended and shall not be deemed or construed to create an
employment,joint venture,partnership or other agency relationship between the Parties hereto.
9. All notices or other communications hereunder shall be 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 following addresses, or at such other
addresses for Parties 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:
To the City: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: City Manager
With a copy to: Fire Chief
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
and
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
1
1
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I
To the District: Pingree Grove and Countryside Fire Protection District
39W160 Plank Road
Elgin, IL 60123
Attention: Chief
With a copy to: Shawn P. Flaherty
Ottosen, Britz, Kelly, Cooper& Gilbert, Ltd.
300 South County Farm Road—Third Floor
Wheaton, IL 60187
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. The failure by a party to enforce any provision of this Agreement against the other
shall not be deemed a waiver of the right to do so thereafter.
12. 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.
13. This Agreement contains the entire agreement and understanding the parties
hereto with respect to the subject matter as set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
14. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and the District, and, as such, this Agreement shall not be construed
against the other, as the otherwise purported draft or same, by any court of competent
jurisdiction and in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in
the terms or provisions contained herein.
15. The City and the District agree that, in the event of a default by the other party,
the other party shall, prior to taking any such action as may be available to it, provide written
notice to the defaulting party stating that they are giving the defaulting party fourteen (14) days
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within which to cure such default. If the default shall not be cured within the fourteen-day
period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to
which it may be entitled under law.
16. This Agreement may be executed in counter-parts, each of which shall be
considered an original and together shall be one and the same document.
17. The Parties acknowledge and agree that, in the event of a breach by one of them
the covenants contained in this Agreement, each of which alone is a material element of this
Agreement, the other party shall be aggrieved and will suffer damages which are immediate,
great and irreparable, and for which no adequate remedy at law exists; and accordingly, in the
event of such breach by one party, the aggrieved party shall have the right to seek an order from
a court of competent jurisdiction, preliminarily and/or permanently restraining and/or enjoining
the breaching party from any further breach of said covenant or covenants and curing such
breach. This right to injunctive relief shall be in addition to and not in lieu of any and all other
rights or remedies available to aggrieved party under applicable Illinois law.
18. This Agreement shall inure to the benefit of and be binding upon the Parties and
their respective successors and assigns for a term of twenty (20) years from and after the date
said Agreement has been approved and authorized by resolution of the second of the parties to
enact same. Notwithstanding the foregoing, the parties agree that either party to this Agreement
may terminate this Agreement upon ninety (90) days advanced written notice to the other party
in the event the Illinois General Assembly amends Section 20 of the Fire Protection District Act
(70 ILCS 705/20) to change the manner in which property is disconnected by operation of law
once that property is annexed by a municipality. The parties further agree that such a
termination by either party shall in no way effect any annexations by the City before the effective
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date of such new legislation and the termination of this Agreement by a party pursuant to this
section.
19. The City and the District shall each adopt a resolution approving the terms and
provisions of this Agreement in authorizing the Mayor and City Clerk and the President and
Secretary of the Board of Trustees to execute and deliver this Agreement. Upon execution, the
Clerk of the City and the Secretary of the Board of Trustees shall forward to one another a
certified copy of the resolution so enacted, together with the Agreement, signed in duplicate
original, so that each party hereto shall have one fully executed document on file.
IN WITNESS WHEREOF, the Parties, pursuant to proper and necessary authorization,
have executed this Agreement on the dates shown below.
APPROVED AND ADOPTED this 11th day of October, 2006.
CITY OF ELGIN Attest:
B Y BY: ��----
Mayor City Clerk
APPROVED AND ADOPTED this 92day of October, 2006.
PINGREE GROVE and COUNTRYSIDE Attest:
FIRE PROTECTION DISTRICT
By: �27iit /I - By: c
President, Board of Trustees creta , B ofrustees
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Memorandum
(*ArLD1t6
CONFIDENTIAL -ATTORNEY CLIENT PRIVILEGED COMMUNICATION
Date: August 15, 2006
To: Mayor and Members of the City Council
Olufemi Folarin, City Manager
From: William A. Cogley, Corporation Counsel
Subject: In Re Petition of Pingree Grove and Countryside Fire Protection District v. City
of Elgin, Case No. 05 CHK 300
The purpose of this memorandum is to provide an outline of a tentative proposed settlement
agreement between the Pingree Grove and Countryside Fire Protection District and the City of
Elgin.
There are currently four cases pending in the Circuit Court of Kane County which have been
filed by the Pingree Grove and Countryside Fire Protection District against the city. These cases
relate to recent annexations by the city and the disconnection of such annexed territory from the
jurisdiction of the Pingree Grove and Countryside Fire Protection District. The properties in
question are the West Point Homes development of the Meier Farm property south of Route 20
and west of Nesler Road, a portion of the HPI East Assemblage annexed in the Phase 2
annexation for such property, a portion of the B & B Stonebrook Development annexed in the
Phase 2 annexation for such property, and a portion of the RLF development.
As I previously advised you, 70 ILCS 705/0.01 et seq. provides for the Fire Protection District
Act. Section 705/20 thereof provides for the disconnection of property from a fire protection
district by operation of law. Section 705/20(a)provides that any territory within a fire protection
district that is or has been annexed to a city that provides fire protection for property within such
city is, by operation of law, disconnected from the fire protection district as of January 1 after
such territory is annexed to the city. Section 705/20(b) provides that the disconnection by
operation of law does not occur if, within 60 days after such annexation the fire protection
district files with the appropriate court and with the county clerk of each county in which the fire
protection district is located, a petition alleging that such disconnection will cause the territory
remaining in the district to be noncontiguous or that the loss of assessed valuation by reason of
such disconnection will impair the ability of the district to render fully adequate fire protection
service to the territory remaining within the district. Section 705/20(c) provides that if the
disconnection does not occur, then the city in which part of a fire protection district territory is
located is prohibited from levying the tax provided by Section 11-7-1 of the Illinois Municipal
Code in such fire protection district territory for services provided to the residents of such
Mayor and Members of the City Council 2 August 15, 2006
Olufemi Folarin
territory by the fire protection district. Section 11-7-1 of the Illinois Municipal Code provides
that the corporate authority of any city of less than 500,000 inhabitants may levy an annual tax
on all taxable property to provide revenue for the purpose of fire protection in the municipality.
The four lawsuits referred to above filed by the Pingree Grove and Countryside Fire Protection
District are objections to the disconnection of the referenced properties from the Pingree Grove
and Countryside Fire Protection District pursuant to the above-referenced section 705/20(b).
The Pingree Grove and Countryside Fire Protection District is alleging in these cases that the
property which was annexed by the city has resulted in areas of the Pingree Grove's remaining
district being rendered noncontiguous and disconnected from the rest of the fire protection
district. The Pingree Grove and Countryside Fire Protection District is further alleging that the
potential loss of the equalized assessed valuation of such properties impairs the ability of the
district to render fully adequate fire protection to the territory remaining in the district. The
Pingree Grove and Countryside Fire Protection District is seeking to retain the referenced
properties within the jurisdiction of the Pingree Grove and Countryside Fire Protection District.
Such a result would have the city providing all municipal services to the subject properties
except for fire protection and emergency medical services with such services being provided by
the Pingree Grove and Countryside Fire Protection District.
Of the two claims in each of the subject lawsuits, the claim relating to the contiguity of the
remaining portions of the district is the problematic claim. The annexation of the Meier Farm
property, the Phase 2 annexation of the HPI-East Assemblage property and the Phase 2 of the
B & B Stonebrook development have resulted in a separation of the remaining areas of the fire
protection district.
My office has been conducting settlement discussions with representatives of the Pingree Grove
and Countryside Fire Protection District for nearly one year. It now appears that the parties have
reached a tentative proposed settlement agreement. The tentative proposed settlement agreement
may be summarized as follows:
1. The city would require in future annexation agreements that the owners or developers of
any land currently within the Pingree Grove and Countryside Fire Protection District
boundaries that are annexed into the City of Elgin during the term of the
intergovernmental agreement to pay the district a fee of$225 per acre. Properties located
partially within the district and partially in another district would pay the per acre fee for
the acreage within the Pingree Grove and Countryside Fire Protection District. Such fee
would be required in the annexation agreements for such properties and would be payable
to the district prior to or concurrent with the passage of the ordinance that annexes the
property. The annexation agreements would also contain a provision that no building
permits would be issued for such property by the city until such time such fee has been
paid to the district. Such per acre fee would be in lieu of any other fees to the district
including, but not limited to, the statutory disconnection fee pursuant to 70 ILCS
705/20(e).
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Mayor and Members of the City Council 3 August 15, 2006
Olufemi Folarin
2. Any property or territory within the district which during the term of the agreement is
annexed into the city and for which the fee referred to in paragraph 1 hereof is paid to the
district shall by operation of law be disconnected from the district pursuant to 70 ILCS
705/20(a), as amended. The district would agree to not either directly or indirectly file
any court action or take any other action which challenges, objects to, opposes or seeks to
prevent the disconnection from the district of any such property or territory so annexed
into the city during the term of the agreement including, but not limited to, filing a
petition seeking to prevent such disconnection pursuant to 70 ILCS 705/20(b), as
amended. The district would further agree to waive any and all rights either directly or
indirectly file any court action or take any other action which challenges, objects to,
opposes or seeks to prevent the disconnection from the district of any such property or
territory within the district that is annexed into the city during the term of the agreement
including, but not limited to, waiving any and all rights to file a petition seeking to
prevent such disconnection pursuant to 70 ILCS 705/20(b), as amended. The provisions
of the intergovernmental agreement would specifically not apply to any property or
territory not located in the corporate city limits of the City of Elgin or annexed into the
City of Elgin during the term of the agreement including, but not limited to, proceedings
pursuant to 70 ILCS 705/19 or 70 ILCS 705/21. The district would further agree to not
either directly or indirectly file any court action or take any other action which
challenges, objects to, opposes or seeks to prevent any annexation to the city of any
property or territory that has previously been or during the term of the agreement is
annexed into the city. The district would further agree to waive any and all rights to
directly or indirectly file any court action or take any other action which challenges,
objects to, opposes or seeks to prevent any annexation to the city of any property or
territory that has previously been or during the term of the agreement annexed into the
city.
3. The city would agree to serve certain areas within the district identified by the district on
an automatic aid basis with certain restrictions. The areas which would be initially
eligible for such automatic aid service would be identified in the intergovernmental
agreement in a map with those areas being east of Randall Road. Additional properties
which would be eligible for such automatic aid service would be limited to areas within
the district which meets the characteristics of(1) having been rendered non-contiguous to
the remaining district as the result of future annexations by the city; (2) the area is not
located within the corporate limits of the Village of Pingree Grove; and (3) which contain
properties which are in total less than 25 acres in size. The specific procedures for such
automatic aid service would be agreed to by the chiefs of the city and the district.
4. The intergovernmental agreement would have a term of twenty(20) years.
5. The city would agree to conduct an internal accounting of annexation of properties within
the district over the past five years to determine whether the city has properly remitted to
the district the statutory disconnection fees for such annexations pursuant to 70 ILCS
705/20(e). The city currently includes provisions within annexation agreements which
require the owners or developers to pay the city a deposit for the estimated total amount
Mayor and Members of the City Council 4 August 15, 2006
Olufemi Folarin
of such statutory disconnection fee. The city would provide the district the results of
such internal accounting review within ninety (90) days of the entry into the
intergovernmental agreement and remit to the district within such ninety-day period any
monies due and owing for such previous annexations pursuant to 70 ILCS 705/20(e).
6. All pending lawsuits between the district and the city would be dismissed with prejudice
with the district stipulating and agreeing that such properties shall be disconnected from
the district. The city and the district are still discussing the precise terms of the
settlement of each of these four pending cases with the developers of such properties. I
expect the HPI-East Assemblage case to be resolved through the payment of the $225 per
acre fee by the developer for the completed Phase 2 annexation and for the future Phase 3
annexation. I expect the remaining three cases to be resolved through the payment of the
$225 per acre fee by the developers for portions of the properties in question with the
exact number of acres for each property still under discussion.
7. The foregoing terms would be incorporated into a detailed intergovernmental agreement
incorporating these terms and the agreements of the parties. Any such agreement is
subject to the formal approval of the City Council of the city and the Board of Trustees of
the district.
I have placed this matter on the City Council Executive Session agenda of August 23, 2006 for
consideration by the City Council.
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cc: Sean Stegall
Mike Falese
Jerry Deering