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HomeMy WebLinkAboutOrdinances - ORD-01-1043 - 01/16/2001 - AUTHORIZE ANNEX AGMT MCHENRY DIST 15 MCHENRY MIDDLORDINANCE NO. nonR, n�44— AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH MCHENRY COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 15 FOR THE MCHENRY MIDDLE SCHOOL, 2120 W. LINCOLN ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, the McHenry Community Consolidated School District No. 15, McHenry and Lake Counties of Illinois, is the legal owner of record of the real estate located at 2120 W. Lincoln Road, in McHenry County, Illinois; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The annexation agreement, bearing the date of JANUARY , 2001, between the City of McHenry, a Municipal Corporation in the State of Illinois, and the McHenry Community Consolidated School District No. 15, McHenry and Lake Counties of Illinois, record owner, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "McHenry Middle School Annexation Agreement", is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THISl6Tu DAY OF �AT�PAftY , 2001 AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD, CUDA NAYS: NONE NONE ABSTAINED: ABSENT: NOT VOTING: NONE NONE APPROVED THIS 16TH DAY OF january , 2001 ATTEST: r.w.cP-1 MWIF .'LAVA Fir, 701MAR, P, MMU, q-. - - - - - - M'/ 2 MCHENRY MIDDLE SCHOOL ANNEXATION AGREEMENT This agreement is made and entered into this , ATE day of JANTTARv , 2001, by and between McHenry Elementary School District 15, hereinafter referred to as "OWNER," and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as "CITY." RECITALS A. The OWNER is the record title holder to the real estate legally described in "Exhibit A" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY." B. The OWNER filed with the City Clerk a Petition for Annexation of the SUBJECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8 and the ordinances of the CITY. C. The SUBJECT PROPERTY is located at the northwest corner of Chapel Hill and Lincoln Roads, and contains approximately 39 acres. D. The SUBJECT PROPERTY is presently zoned A-1 Agriculture, pursuant to the McHenry County Zoning Ordinance, and the OWNER is constructing a new middle school and in the future may construct additional school -related facilities on the SUBJECT PROPERTY. E. There are no electors residing on the SUBJECT PROPERTY. F. The SUBJECT PROPERTY consists of one contiguous tract of land, all of which is not within the corporate boundaries of any municipality of subject to an Annexation Agreement with any other municipality, and is presently contiguous to the corporate boundaries of the CITY. G. The OWNER desires to annex the SUBJECT PROPERTY, to the CITY in accordance with the terms of this Agreement. H. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. I. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1, et seq., of the Illinois Municipal Code. J. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY and therefore, notice to the Library or Fire Protection District is not required. K. The SUBJECT PROPERTY does abut a road under the jurisdiction of McHenry Township, namely Lincoln Road, and notice of the proposed annexation has been duly given to McHenry Township officials. L. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. NOW, THEREFORE, for and in consideration of their respective agreements set out herein, the CITY and the OWNER hereby agree as follows: OBLIGATIONS OF THE CITY Annexation. Upon the execution of this Agreement, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY, and shall file a copy of said ordinance, together with an accurate Plat of Annexation, with the County Clerk of McHenry County and the Recorder of Deeds of McHenry County. II. Zoning. Immediately following annexation, the SUBJECT PROPERTY shall be zoned E Estate District, pursuant to Section III. D, of the McHenry Zoning Ordinance. OBLIGATIONS OF THE OWNER III. Zoning. Within ninety (90) days following annexation of the SUBJECT PROPERTY to the CITY, OWNER shall file with the CITY necessary documents to zone the SUBJECT PROPERTY for the use(s) on the property. IV. Water Reimbursement. The OWNER acknowledges that the SUBJECT PROPERTY is benefited by water main improvements previously constructed for the Adams Commercial Centre by Richard Adams. The OWNER agrees to pay to the CITY the sum of $10,789.62 as reimbursement to Richard Adams for the benefit received for these improvements. V. Recapture Agreement. The OWNER has constructed oversized municipal sanitary sewer and water mains (the "Municipal Improvements") that will benefit not only the SUBJECT PROPERTY, but also other properties being or to be developed in the relevant service areas for such utilities. Therefore, the following provisions shall apply: 2 A. The properties that will benefit directly or indirectly from the construction of the Municipal Improvements ("Benefited Property") will be determined by the City Engineer at the time such Municipal Improvements are constructed. The Benefited Property shall include the SUBJECT PROPERTY. B. The CITY shall endeavor to collect a pro rata sum of money from the Owners of the Benefited Property as a pre -condition to said Owners being granted a building permit. The total cost of the improvements will be spread over the Benefited Property pro rata. The total sum subject to reimbursement to the OWNER, as well as the pro rata sum to be collected from the Benefited Property owners, shall be determined by the City's consulting engineer taking into account the following factors: Total construction and easement costs, professional fees, and testing and analysis fees. Any legal and administrative expense shall not be considered. The pro rata sum to be paid to OWNER by the Benefited Property owners shall equal to one-half of said total cost. Interest shall be collected from the commencement date of this reimbursement provision, calculated annually at nine percent (9%) per annum, compounded, not to exceed ten (10) years from the date of this Agreement. Any reimbursement provision shall have a commencement date when the Municipal Improvements which are the subject of the reimbursement agreement are dedicated to and accepted by the CITY and shall end on the date of the termination of this Agreement. The sum collected shall be paid to OWNER after deduction of two percent (2%) for administrative charges due to the CITY. In the event that any state statute shall determine an interest rate other than set forth in this paragraph, the state interest rate shall prevail. C. Subject to a non -appealable final court order directing CITY to act otherwise, CITY shall not issue any building permits for connection to the municipal water or sanitary sewer systems until the Benefited Property owner either pays the reimbursement charge set forth in this paragraph or adequately assures the CITY that the payment will be made. D. The CITY will use its best efforts to collect the costs provided herein from the Benefited Property owners but shall not be liable to OWNER if the City is, for any reason, unable to collect said costs. The CITY'S liability to reimburse OWNER shall be limited to payment from funds actually collected from Benefited Property owners. E. CITY shall file this Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefited Property of the terms of this reimbursement provision. F. OWNER shall furnish to the CITY all permits required for improvements referred to in this Agreement including, but not limited to, the Illinois Historical Agency, U.S. Army Corp of Engineers, McHenry County 3 Highway Department, McHenry County Soil and Water Conservation District, Illinois Department of Conservation, and the Illinois Department of Transportation, Division of Water Resources. G. OWNER shall reimburse and indemnify CITY for all costs, engineering and attorney's fees and liability incurred by the CITY with regard to the drafting and implementation of the Reimbursement Agreement contemplated under this Article V. H. The CITY shall cooperate with the OWNER in obtaining such permits as may be necessary from time to time by both the Federal and State law, including, but not limited to, the Illinois Environmental Protection Agency, to permit the development of the SUBJECT PROPERTY. Further, the CITY agrees to execute when and where required all necessary applications for permits to the Environmental Protection Agency and U.S. Army Corp of Engineers for road access and the construction and use of the sewer and water mains described herein as well as the construction of roadways and the storm water detention areas located within wetlands, if any on the SUBJECT PROPERTY. No action of the CITY regarding applications to the Illinois or U.S. Environmental Protection Agency for permission to construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty or reservation by the CITY to the OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for individual sewer or water service connection permits. The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in obtaining all necessary easements not already in existence to enable the installation of the aforesaid improvements. OWNER shall pay for all of the eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, appraisals, survey costs, deposition costs, witness fees, litigation expenses and judgments in the acquisition of any easement. Such costs and expenses of acquisition by eminent domain shall be includable in the costs and expenses that are subject to recapture by the OWNER from Benefiting Parties. MISCELLANEOUS VI. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of ten (10) years from the date of execution hereof, and any extended time agreed to be amendment to this agreement. 4 VII. Enforceability. It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. Vill. Waiver. The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. IX. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes described herein and the ordinance adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. OWNER CITY McHenry School istrict 15 ayor Attest: City Clerk 5 EXHIBIT A Legal Description of the Subject Property The South Half of the Northeast Quarter of Section 25, Township 45 North, Range 8, East of the Third Principal Meridian, (except the West 1320 feet thereof and also except that part thereof described as follows: That part of the aforesaid property lying between the South line of said South half of the Northeast Quarter and a line lying 40 feet North of and parallel with the proposed center line of Lincoln Road), in McHenry County, Illinois.