INTERGOVERNMENTAL AGREEMENT

Transcription

1 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (this Agreement) is made and entered into as of December 1, 2010, by and between the VILLAGE OF BIG ROCK, an Illinois municipal corporation (the Village), and KANE COUNTY, an Illinois unit oflocal gover~ent (the County), each organized and existing under and by virtue of the Constitution and the laws of the State of Illinois, The parties hereto find and agree as follows: RECITALS WHEREAS, the Village is an Illinois municipal corporation and a non-home rule municipality located in Kane County; and WHEREAS, the County is an Illinois unit of local government with its seat located in Geneva, Illinois; and WHEREAS, pursuant to the authority granted by the Illinois Constitution, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., the Village and the County each have the authority to enter into binding agreements regarding the exercise of their respective powers; and WHEREAS, pursuant to the Special Service Area Tax Law, 35 ILCS 200/27-5, et seq., the Property Tax Code, 35 ILCS 200/1, et seq., the Municipal Code, 65 ILCS 5/1-1-1 et seq., and the County Code, 55 ILCS 5/ et seq., the Village is authorized to create special service areas, levy special taxes ("Special Taxes") on property in such areas, and to designate an authorized officer to facilitate extension and collection of the special taxes, and the County (through its Clerk, Treasurer and Collector) is authorized to extend special taxes; and WHEREAS, the Village was notified of a drain tile discharging to Big Rock Creek in violation of environmental health laws, completed a Feasibility Study to determine the best

2 method of resolving the pollution issue, completed a Facilities Plan, obtained CMAP approval for same, authorized the establishment of a sewerage system for the portion of the Village that coincides with the facilities planning area perimeter, and held a public hearing on the establishment of a special service area to fund the sewerage system; and WHEREAS, absent special service area financing, the Village would be unable to provide the special services or properly plan, construct or maintain the public infrastructure required to best resolve the pollution issue while protecting the public health and preserving the quality of the drinking water source; and WHEREAS, the Village has determined that the use of a special service area tax extension is an efficient and equitable manner to allocate the cost of the special services and the maintenance of the public improvements to the persons who benefit therefrom; and WHEREAS, the County desires to cooperate with the Village to achieve the foregoing goals and to enhance the health, safety and welfare of persons living or working within the County; and WHEREAS, pursuant to Ordinance No. 201o35dopted on September 14,2010, (the "Establishing Ordinance"), and the Special Service Area Tax Law, the Village established "Special Service Area No. 1" of the Village ofbig Rock; and WHEREAS, the territory within Special Service Area No. 1 is legally described on Exhibit At, attached hereto and made part hereof; and WHEREAS, the Village contemplates the levying of the Special Taxes on the properties according to the Rate and Method of Apportionment of Special Taxes (the "RMA") established by Ordinance No ~adppted by the Village on September 14, 2010; And WHEREAS, the Village has created the Special Service Area, levied the Special Taxes, and performed the other above-described actions, in order to obtain comprehensively engineered, well constructed, safe and efficient sewerage system infrastructure to better provide for the health, safety and welfare of its citizens; and 2

3 WHEREAS, absent special service area financing, the Village could not afford to properly plan and construct necessary sewerage system infrastructure, resulting in the loss of the opportunity to comprehensively plan and implement said sewerage system infrastructure; and WHEREAS, the Village and the County desire to memorialize their agreement regarding the County's cooperation with the Village in implementing the special service area financing contemplated for the Special Service Area. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein contained, and for other valuable consideration, the receipt and legal sufficiency is hereby acknowledged, the Village and the County hereby agree as follows: 1. Incorporation of recitals herein. The foregoing Recitals are incorporated into this agreement as if fully set forth 2. Levying of Special Taxes a. Pursuant to the Special Tax Roll established by the RMA, the Special Taxes shall be divided among all taxable real property within the Special Service Area No. 1 in accordance with the terms of the Establishing Ordinance and the RMA. Pursuant to the Establishing Ordinance the Village has the following duties related to the Special Taxes: i. To calculate the projected Special Taxes annually on or before the last Tuesday of December for each year; ii. To adopt an ordinance approving and levying the amount of the Special Taxes and directing the County Clerk to extend the Special Taxes for collection on the tax books against all of the taxable real property within the Special Service Area in accordance with the RMA and in connection with other taxes levied in each of such years for general Village purposes. The Special Tax shall be computed, extended and collected in accordance with the RMA and the Special Tax Roll. 3. Extension of Special Taxes Pursuant to Section ofthe Special Service Area Tax Law, each year the County Clerk shall extend the Special Taxes for collection on the tax books against all real property within the Special Service Area in accordance with the RMA and in 3

4 connection with other taxes levied in each of such years for general Village purposes. The Village shall assist the County Clerk in extending the Special Taxes. 4. Billing and collection of Special Taxes Pursuant to the Intergovernmental Cooperation Act and subject to the terms and provisions ofthis Agreement, the County agrees to cooperate with the Village in connection with the billing and collection of the Special Taxes as follows: a. Billing. The County shall cause the annual amount of the Special Taxes as described in the Special Tax Roll to appear on the real estate tax bills as periodically issued by the County for real property within the Special Service Area. The Village shall assist the County in billing the Special Taxes. b. Collection- ordinary course. The County shall collect the Special Taxes as remitted by taxpayers in the ordinary course, and shall create and maintain a separate fund into which it shall deposit Special Taxes as and when received from the Special Service Area. The County shall remit the amounts held in such fund to the Village at the same intervals and under similar terms and conditions as the County makes payments to the Village and other taxing bodies in connection with other taxes levied thereby and collected by the County. c. Collection- delinquency. In the event of delinquency in payment of any Special Taxes, the Village and the County shall cooperate in pursuit of the remedies, and the County shall perform the duties, established by the Special Service Area Tax Law and Article 9 ofthe Illinois Municipal Code (65 ILCS 5/9-1-1, et seq). d. Village. The Village's duties shall include, without limitation, calculation of the Special Taxes, the annual Special Taxes Requirement, submission of the annual Special Taxes information in the format specified by the County, maintenance of a database of the parcels within the Special Service Area and their respective Special Taxes payments; and the preparation of a report, submitted at least annually to the County, identifying those parcels that have not paid the Special Taxes. In addition, the Village and the County agree that the Village shall assist the County with all tasks related to the extension, billing and collection of the Special Taxes as desired by the County. Accordingly, the Village shall cooperate with the County to facilitate and promote the orderly extension, billing and collection of the Special Taxes. 5. Reimbursement of certain County costs. The Village shall reimburse the County's reasonable costs incurred in connection with the County's undertaking hereunder as follows: a. Initial costs. In recognition that the County's costs incurred to establish 4

5 L,' County billing and collection procedures for the Special Taxes may exceed the County's costs incurred in subsequent years, the Village shall pay a one-time fee of $400 to the County upon the execution of this Agreement to reimburse the direct, actual and reasonable costs incurred in connection with establishing the systems, procedures and methods by which the County shall bill and collect the Special Taxes. b. Ongoing costs. After the County has established the requisite systems, procedures and methods for billing and collection, the Village shall reimburse the County's actual reasonable incremental costs incurred in connection with billing and collecting the Special Taxes, if any. The Village's reimbursement shall be made annually. 6. Other provisions a. Notice. Unless otherwise specified, any notice, demand or request hereunder shall be given in writing at the address set forth below, by means of (i) personal service, (ii) fax, (iii) recognized overnight delivery service, or (iv) certified mail, return receipt requested. If to the Village: with a copy to: Village of Big Rock P.O. Box 128 Big Rock, IL Attention: Village President John R. Zemenak Rathje & Woodward, LLC 5

6 300 East Roosevelt Road, Suite 300 Wheaton, IL If to the County: with a copy to: Kane County 719 S. Batavia Rd Geneva, IL Attention: County Clerk Kane County State's Attorney Third & James Streets Geneva, IL Attention: Civil Division b. The captions, paragraph and section headings contained herein are for convenience only and are not intended to limit, vary, define or expand the content hereof. c. The rights and obligations created hereby shall not be assignable or transferable except with the prior written consent of the parties hereto. d. This agreement constitutes the entire agreement between the parties hereto, and supersedes all prior agreements, negotiations and discussions between the parties relative to the subject matter hereof. This agreement shall not be amended except in a writing duly executed by both parties e. The Village and the County agree to cooperate with each other to carry out the terms hereof, including mutual consideration and agreement upon the retention of advisors and other matters necessary or appropriate in connection herewith. The Village and the County each agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications as may become necessary or appropriate to carry out the terms, provisions and intent of this Agreement. f. The Village shall indemnify and hold harmless the County, its elected and appointed officials and its employees for attorneys' fees and expenses incurred by the COtmty, arising from any action, lawsuit or proceedings undertaken against the County relative to the enforceability and validity of this Agreement. g. Waiver by the Village or the County with respect to any given breach of this Agreement shall not be considered or treated as a waiver of any rights with respect to any other breach, except to the extent so specifically waived by the Village or the County in writing. h. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same agreement. 6

7 i. If any provision of this agreement, or any paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstance, is held void or invalid by a court of competent jurisdiction, such holding shall not affect the other provisions of this Agreement, which can be given effect without the invalid or void provision and to this effect the provisions of this Agreement are severable. j. The undersigned represent that they have the authority of their respective governing authorities to execute this agreement. IN WITNESS WHEREOF, the Village and the County have caused this agreement to be executed as of the date first written above. KANE COUNTY, ILLINOIS, a unit of local government Attest: ~ County Clerk Village of Big Rock, an Illinois municipal Corporation By:~~ Village President 7

8 EXIDBIT "A" BOUNDARIES OF SPECIAL SERVICE AREA NO.1 BY MAP, LEGAL DESCRIPTION, AND PIN NUMBERS A certain tract or parcel ofland containing acres, more or less, in Big Rock, Illinois lying in sections 15, 16, 21 and 22 in Township 38N Range 6E in Kane County, Illinois and being more particularly described as follows: Beginning at the Northwest Right-of-Way comer at the intersection of US 30 and pauberman Road; thence S24 00' 15.43"E for a distance of 86.87'; thence soc 00' OO.OO"E for a distance of '; thence S89 13' 32.69"W for a distance of '; thence S85 35' 16.54"W for a distance of759.20', to a point at the beginnlng of a curve for a distance of849.93'. Said curve with a radius of ' and a chord length of849.01'; thence N88 58' 16.68"W; thence S5 39' 59.81"W for a distance of '; thence S0 52' 26.46"E for a distance of '; thence S88 32' 16.19"W for a distance of '; thence N14 23' 04.79"W for a distance of 30.43'; thence N0 45'41.54"W for a distance of75.21'; thence S89 23'22.20"W for a distance of217.19'; thence N73 07' 00.93"W for a distance of72.51'; thence N5 41' "W for a distance of '; thence N1 56' 19.32"W for a distance of260.47'; thence N90 00' OO.OO"W for a distance of '; thence N0 56' 11.97"W for a distance of332.28'; thence S88 58' 25.45"W for a distance of398.66'; thence S88 58' 25.63"W for a distance of690.73'; thence S0 20' 25.67"E for a distance of '; thence S89 26' 11.81"W for a distance of972.11'; thence S25 00' 19.48"E for a distance of '; thence S88 20' 54.71"W for a distance of '; thence N25 00' 19.55"W for a distance of461.98'; thence S89 26' 11.79"W for a distance of198.35'; thence N0 18' "W for a distance of '; thence N89 28' 29.63"E for a distance of '; thence N0 20' 25.95"W for a distance of 78.22'; thence N88 45' 59.00"E for a distance of680.92'; thence N0 48' 18.54"W for a distance of787.28'; thence N90 00' OO.OO"W for a distance of '; thence N0 44' 35.50"W for a distance of286.76'; thence N15 28' 37.63"E for a distance of '; thence N71 o 48' 57.39"W for a distance of '; thence N62 09' 37.35"W for a distance of394.69'; thence N72 35' 04.27"W for a distance of '; thence N0 23' 59.03"W for a distance of259.18'; thence N81 15' 55.84"E for a distance of438.30'; thence N88 56' 26.03"E for a distance of844.88'; thence soo 17' 46.64"E for a distance of '; thence N89 29' 35.91"E for a distance of 33.00'; thence soo 17' 47.42"E for a distance of '; thence N88 55' 16.74"E for a distance of118.80'; thence N0 00' OO.OO"E for a distance of264.03'; thence N89 25' 16.75"E for a distance of283.05'; thenc~ ~0 08' 20.74"E for a distance of91.62'; thence N89 16' 16.25"E for a distance of500.32'; thence soc 08' 21.03"W for a distance of242.70'; thence N88 52' 00.79"E for a distance of '; thence N0 00' OO.OO"E for a distance of27.31'; thence N88 51' 59.85"E for a distance of150.04'; thence N0 08' 21.27"E for a dist!ulce of209.48'; thence N89 23' 16.03"E for a distance of '; thence S0 00' OO.OO"E for a distance of '; thence N90 00' OO.OO"E for a distance of598.93'; thence N88 52' 00.69"E for a distance of336.88'; thence N0 00' OO.OO"E for a distance of249.73'; thence N88 58' 27.63"E for a distance of '; thence S0 00' OO.OO"E for a distance of307.82'; thence N88 58' 31.17"E for a distance of '; thence soc 00' OO.OO"E for a distance of327.14' to the Point Of Beginning. Except those twelve (12) parcels of land described as follows: Part of the Southwest Quarter (SW \14) of Section Fifteen (Sec. 15), Township Thirty-eight North (Twp. 38 N.), Range Six (R. 6), East of the 3rd Principal Meridian, described by: Commencing at a stone at the Southwest (SW) comer of said Section Fifteen (Sec. 15), thence North (N) along said Section Line Two Hundred Six and Twenty-five Hundredths Feet (206.25') for a place of beginning; thence continuing North on said Section Line Four Hundred Five and Ninety-five Hundredths Feet (405.95'); thence east and parallel to the South Line ohaid Section Fifteen (Sec. 15) Five Hundred and Four and One Tenths Feet (504.1 '); thence south and parallel to the West Line of said Section Fifteen, Two Hundred Forty-Three Feet (243 '); thence west and parallel to the South Line of said Section Fifteen (Sec. 15) One Hundred Thirty-Four and no tenths Feet (134.0~); thence south and parallel to the West Line of said Section Fifteen (Sec. 15) One Hundred Fifty-four and one Tenths Feet (154.1 ');thence west and parallel to the South Line of said Section Fifteen (Sec. 15), Six and Seventy-seven Hundredths Feet (6.77'); thence, south and parallel to the West Line of said Section Fifteen, Two Hundred Six and Twenty-five Hundredths Feet (206.25') to the South Line of said Section Fifteen (Sec. 15); thence west along said Section Line Two Hundred Eighty and Thirty-three Hundredths Feet (280.33'); thence north and parallel to the West Line of said Section Fifteen (Sec. 15) Two Hundred Six and Twenty-five Hundredths Feet (206.25'); thence west and parallel to the South Line of said Section Fifteen (Sec. 15), Eighty-three and no Tenths Feet (83.0') to the beginning place, all situated in the Township of Big Rock, Kane County, Illinois, together with all personal property located thereon. 7

9 That part of the Southwest quarter of Section 15, Township 38 North, Range 6 East of the Third Principal Meridian, described as follows: Beginning at a point in the center of the highway on the South line of said quarter section 5.53 chains East of the Southwest comer of said quarter section; thence North parallel with the West line of said quarter section 5.50 chains; thence East parallel with the South line of said quarter section, 50 feet; thence South parallel with the West line of said quarter section 5.50 chains to the South line of said quarter section; thence West along said South line 50 feet to the point ofbegirining. Lots 6 and 7 in Block 11, Section 21, Township 38 North, Range 6 East ofthe Third Principal Meridian, Village ofbig Rock, Kane County, Illinois Lot 10 and the south halfoflot 5 in Block 10, Section 21, Township 38 North, Range 6 East of the Third Principal Meridian, Village of Big Rock, Kane County, Illinois Lots 11 and 12 in Block 13, Section 21, Township 38 North, Range 6 East ofthe Third Principal Meridian, Village ofbig Rock, Kane County, Illinois Lots 1 and 2 in Block 13, Section 21, Township 38 North, Range 6 East of the Third Principal Meridian, Village of Big Rock, Kane County, Illinois North half oflot 3 in Block 13, Section 21, Township 38 North, Range 6 East of the Third Principal Meridian, Village of Big Rock, Kane County, Illinois THAT PART OF THE NORTH WEST 1/4 OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF RUTH ADDITION TO THE TOWNSHIP OF BIG ROCK, KANE COUNTY, ILLINOIS, AND THE EAST LINE OF THE FORMER 8 FOOT ALLEY LYING EAST OF BLOCK 15 AND BLOCK 8 IN THE VILLAGE OF BIG ROCK AS SHOWN ON A PLAT RECORDED IN BOOK 6 OF PLATS, PAGE 29; THENCE NORTHERLY ALONG SAID EAST LINE, FEET; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 89 DEGREES, 44 MINUTES, 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER CLOCKWISE THEREFROM FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY PARALLEL WITH SAID EAST LINE FEET TO THE POINT OF BEGINNING; THENCE SOUTHERLY, PARALLEL WITH THE SAID EAST LINE 36.0 FEET; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 90 DEGREES, 15 MINUTES, 58 SECONDS WITH THE LAST DESCRIBED COURSE MEASURED CLOCKWISE THEREFROM; FEET; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE, 36.0 FEET; THENCE WESTERLY FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BIG ROCK, KANE COUNTY, ILLINOIS. 8

10 THAT PART OF THE NORTHWEST 114 OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF RUTH ADDITION TO THE TOWNSHIP OF BIG ROCK, KANE COUNTY, ILLINOIS AND THE EAST LINE OF THE FORMER 8 FOOT ALLEY LYING EAST OF BLOCK 15 AND BLOCK 81N THE VILLAGE OF BIG ROCK AS SHOWN ON A PLAT RECORDED IN BOOK 6 OF PLATS, PAGE 29; THENCE NORTHERLY ALONG SAID EAST LINE, FEET; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 8 DEGREES, 44 MINUTES, 02 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER CLOCKWISE THEREFROM FEET; THENCE SOUTHERLY PARALLEL WITH SAID EAST LINE, FEET TO THE SOUTH LINE OF THE NORTH WEST 114 OF SAID NORTH WEST 1/4; THENCE WESTERLY ALONG SAID SOUTH LINE, FEET TO SAID EAST LINE; THENCE NORTHERLY ALONG SAID EAST LINE, FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BIG ROCK, KANE COUNTY, ILLINOIS. THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF RUTH ADDITION TO THE TOWNSHIP OF BIG ROCK WITH THE EAST LINE OF FORMER 8 FOOT ALLEY, LYING EAST OF BLOCK 15 AND BLOCK 8 IN BIG ROCK, AS SHOWN ON THE PLAT RECORDED IN BOOK 6 OF PLATS, PAGE 29, THENCE NORTHERLY, ALONG SAID EAST LINE, FEET FOR A POINT OF BEGINNING; THENCE EASTERLY AT AN ANGLE OF 89 DEGREES 44 MINUTES 02 SECONDS MEASURED COUNTERCLOCKWISE FROM SAID EAST LINE, FEET; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE, FEET TO THE SOUTHERLY LINE OF THE CIDCAGO, BURLINGTON AND QUINCY RAILROAD; THENCE NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, BEING THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF FEET, A DISTANCE OF FEET, FORMING A CHORD THAT MEASURES 104, DEGREES 51 MINUTES 47 SECONDS CLOCKWISE FROM THE LAST DESCRIBED COURSE, TO A POINT OF TANGENCY; THENCE CONTINUING NORTHWESTERLY, ALONG SAID SOUTHERLY LINE, FEET TO SAID EAST LINE; THENCE SOUTHERLY, AT AN ANGLE OF 72 DEGREES 06 MINUTES 35 SECONDS, MEASURED CLOCKWISE FROM SAID SOUTHERLY LINE, ALONG SAID EAST LINE, FEET TO THE POINT OF BEGINNING, ALL IN BIG ROCK TOWNSHIP, KANE COUNTY, ILLINOIS. Lots 7 and 8 in Block 17, Section 21, Township 38 North, Range 6 East ofthe Third Principal Meridian, Village of Big Rock, Kane County, Illinois THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE~ EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE SOUTH WEST ALONG FENCE FEET TO A POINT NORTH EAST FROM THE SOUTHEAST CORNER OF LOT 1 OF BURKHALL UNIT NO. 1; THENCE SOUTH WEST FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH WEST ALONG THE EAST LINE OF SAID LOT 1, 200 FEET TO THE SOUTH LINE OF RUTH ADDITION TO BIG ROCK; THENCE NORTH 89' 41 1 EAST ALONG SAID SOUTH LINE FEET TO THE SOUTHEAST CORNER OF RUTH ADDITION; THENCE NORTH EAST ALONG THE EAST LINE OF SAID ADDITION 66 FEET; THENCE SOUTH WEST 66 FEET; THENCE NORTH 0' 07' EAST ALONG EAST LINE FEET; THENCE SOUTH EAST 66 FEET; THENCE NORTH EAST ALONG SAID EAST LINE 216 FEET TO THE NORTHEAST CORNER OF SAID ADDIDON; THENCE SOUTH EAST ALONG THE NORTH LINE OF SAID ADDITION EXTENDED EAST, 459 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BIG ROCK, KANE COUNTY, ILLINOIS. 9

11 ~ AppliedTechnologies Engineers-Architects J: \4292\GRAPHICS\DRAMNGS\FE'ASBIUTY STUDY NEW\EXHIBfT A - SSA BOUNDAAI 5.DWG EXHIBIT A BOUNDARIES OF SPECIAL SERVICE AREA NO. 1 Village of Big Rock