Ordinance 2011-05 Ordinance No. 2011 -
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
KENDALL COUNTY AND THE CITY OF PLANO
GOVERNING THE RECONSTRUCTION OF ELDAMAIN ROAD
WHEREAS, the United City of Yorkville is a duly organized, and validly existing non
home -rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws
of the State of Illinois; and,
WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are
"public agencies" within the meaning of the Intergovernmental Cooperation Act (5 ILCS 220/1,
et seq.) and have authority to exercise, combine and transfer their powers, functions and
authority jointly with each other as public agencies; and,
WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are
"units of local government" within the context of Section 10 of Article VII, of the Illinois
Constitution of 1970 and have the authority to obtain or share services, and to exercise, combine,
or transfer any power or function in any manner not prohibited by law or by ordinance; and,
WHEREAS, Kendall County, the United City of Yorkville and the City of Plano are
authorized pursuant to the above authority to enter into an intergovernmental agreement for the
reconstruction, financing, and recapturing of costs for the improvements to Eldamain Road
which is under the jurisdiction of Kendall County.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts
all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth
herein.
Section 2. That the agreement between Kendall County, the City of Plano, and the
United City of Yorkville entitled, Intergovernmental Agreement Between Kendall County, City
of Plano and City of Yorkville, An Agreement Governing the Reconstruction of Eldamain Road
from Menards to Galena Road, ( " Intergovernmental Agreement ") a copy of which is attached
hereto and incorporated herein as Exhibit A, is hereby approved.
Section 3. That the Mayor and City Clerk are hereby authorized to execute and deliver
said Intergovernmental Agreement.
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Section 4. That the officials, officers, and employees of the United City of Yorkville are
hereby authorized to take such further actions as are necessary to carry out the intent and purpose
of this Ordinance and the Intergovernmental Agreement.
Section 5. This Ordinance shall be in full force and effect upon passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 7y�, day o QQ % A $ ,, _ - , A.D. 2011.
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CI Y CLERK
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ROBYN SUTCLIFF DIANE TEELING
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS � GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 001 day of FEBKuAieV , A.D. 2011.
MAYOR
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
KENDALL COUNTY, CITY OF PLANO AND CITY OF YORKVILLE
An agreement governing the reconstruction of Eldamain Road from Menards to Galena Road
WHEREAS, Kendall County, the City of Plano, and the City of Yorkville are all units of
local government authorized to enter into intergovernmental agreements pursuant to the
Intergovernmental Cooperation Act, 5 ILCS 220 et seq. and the Illinois Constitution Article VII
Sec. 10, and;
WHEREAS, Kendall County, hereinafter referred to as County, has jurisdiction over
Eldamain Road for its entirety, and;
WHEREAS, the County seeks to make certain improvements to Eldamain Road from the
Menards Distribution Center north to Galena Road to address the growing capacity needs of the
roadway, improve public safety and stimulate the economies of local municipalities, and;
WHEREAS, specific improvements for the proposed roadway include the construction of
one lane of concrete pavement in each direction, all appropriate turning lanes, paved shoulders, a
raised grass median, pavement markings and all other appurtenances necessary to complete the
reconstruction of the roadway in accordance with County specifications, and;
WHEREAS, the City of Plano, hereinafter referred to as Plano, has corporate boundaries
lying immediately adjacent to and West of the centerline of Eldamain Road; and City of
Yorkville, hereinafter referred to as Yorkville, has corporate boundaries lying immediately
adjacent to and East of the centerline of Eldamain Road, and;
WHEREAS, both Plano and Yorkville share the vision of the County to make
improvements to Eldamain Road from the Menards Distribution Center to Galena Road for
reasons aforesaid, and;
WHEREAS, said agencies desire to codify the terms of agreement as they relate to the cost
of the project, the recapture of fees, the timing of repayment of fees and expenses, the dedication
of necessary rights -of -way, the cost of engineering and any and all other items expressly
identified and contained herein.
Now, THEREFORE, in consideration of the mutual promises, obligations and
undertakings set forth herein, the parties mutually agree as follows:
1. The above recitals are incorporated herein by reference.
2. The County will prepare or cause to be prepared all documents related to the
reconstruction of Eldamain Road from the Menards Distribution Center north to
Galena Road, including, but not limited to, engineering plans, specifications,
estimates, contracts, bonds, and certificates of insurance, as well as all documentation
required for accurate payment of all contractors and subcontractors working on the
project under the terms and conditions of the contract, identified by the County as
Section 07- 00096- 00 -RP, at no cost to Plano and Yorkville.
3. The County will acquire necessary rights -of -way for the project, identified as Section
07- 00096- 00 -RP, at no cost to Plano and Yorkville. Plano and Yorkville shall be
responsible for acquiring rights of way for future improvements as set forth in
paragraph 11 below.
4. As lead agency, the County will cause the reconstruction of Eldamain Road to be
completed in a timely manner, and will make payment(s) to those performing the
work in accordance with the contract documents.
5. The parties mutually agree that the estimated cost to improve Eldamain Road is $6.3
million. Said costs shall be divided and assessed equally between the County, Plano
and Yorkville, with the municipal shares being assessed per lineal foot of frontage
along Eldamain Road. It is the understanding of all parties hereto that the Municipal
Corporations, Plano and Yorkville, will not be responsible to directly pay said fees, j
but shall collect fees pursuant to recapture agreements as permitted by law in any
applicable annexation agreement from future municipal developments, and upon
receipt of such fees from developers shall turn over those fees to the County as a
recapture of costs for construction of the roadway.
6. The City of Plano and the United City of Yorkville have heretofore entered into a
Boundary Agreement between the United City of Yorkville, Illinois, and the City of
Plano, Illinois, a copy of which has heretofore been filed for record in the Office of
the Recorder of Deeds of Kendall County as Document Number 200100005727 and
Document Number 200500008114. Said Agreement between the cities provides, at
Paragraph 7, for a cost sharing for future improvements to Eldamain Road.
7. Pursuant to the terms of Paragraph 7 of the Boundary Agreement, the City of Plano
has already expended the sum of $3,400,000.00 for improvements to Eldamain Road.
The obligation of the City of Plano to contribute further to the costs to improve
Eldamain Road contemplated by the Agreement shall not occur until such time as the
United City of Yorkville has contributed from recapture fees not less than
$3,400,000.00 to the project as set forth in the following Paragraphs of this
Agreement.
8. Based upon current estimates, the City of Plano's share of the costs of the project will
be $2,100,000.00 (1 /3rd of $6,300,000.00). Accordingly, based upon current
estimates of cost, the contribution to be collected by the City of Plano will be in the
sum of $400,000.00.
9. Based upon current estimates, the share of the cost to be recaptured by the United
City of Yorkville shall be assessed at $336.59 per lineal foot of frontage on the East
side of Eldamain Road (11,290.00 lineal feet) and that the share of the cost to be
recaptured by the City of Plano shall be assessed at $34.85 per lineal foot along the
West side of Eldamain Road (11,468 lineal feet) , and shall be paid to the County
under the following terms. Plano agrees to make every reasonable effort to assess
through recapture and collect not less than $34.85 per lineal foot and Yorkville agrees
to make every reasonable effort to assess through recapture and collect not less than
$336.59 per lineal foot from all developments in each respective community that have
frontage on Eldamain Road between Menards Distribution Center and Galena Road,
excluding those properties that have existing annexation agreements approved as of
the date of the signing of this instrument. Collected fees shall be paid to the County
not more than 180 days after recording of the final plat for any and all municipal
developments that have frontage on Eldamain Road.
10. Upon completion of the improvements and the finalization of the computation of the
costs of the project, the parties agree to execute an Amendment to this Agreement
incorporating the final "AS BUILT" costs and adjusting, based upon final "AS
BUILT" costs, the allocations set forth above.
11. In order to accommodate future multi -lane improvements, Plano and Yorkville also
agree to use their best efforts to acquire from all future developed properties with
frontage along Eldamain Road and to grant to the County of Kendall, at no costs to
the Cities, not less than 60' nor more than 75' of road right -of -way, measured from
the centerline of Eldamain Road to the right -of -way line, along the entire frontage of
all developed properties that have frontage along Eldamain Road, at the time of
annexation or platting of said developing properties. The exact width of right -of -way
required shall be designated by the County Engineer of Kendall County.
12. In the event federal stimulus funds, or any other federal or state grant funds are
allocated for the reconstruction of Eldamain Road, Section 07- 00096- 00 -RP, the
municipal share of recapture costs, identified above, shall be reduced proportionally
for both Plano and Yorkville. Specifically, recapture costs per lineal foot shall be
reduced to equal the following: Yorkville: [1 - Grant Funds / $6.3 million] x
$336.59; Plano: [1 - Grant Funds / $6.3 million] x $34.85.
13. This Agreement is executed in triplicate and each party shall retain one completely
executed copy, each of which is deemed an original.
14. This Agreement represents the entire agreement between the parties and there are no
other promises or conditions in any other agreement whether written or oral. This
j Agreement supersedes any prior written or oral agreements between the parties and
' may not be modified except in writing acknowledged by all parties.
15. If any provision of this Agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a
court finds that any provisions of this agreement is invalid or unenforceable, but that
by limiting such provision it becomes valid and enforceable, then such provision shall
j be deemed to be written, construed, and enforced as so limited.
16. This agreement shall be in full force and effect for a period of 20 years from the date
of execution of the agreement.
17. This Agreement may be terminated only by mutual consent of all of the parties
acknowledged in writing.
IN WITNESS W HEREOF, the parties mutually agree to the terms and conditions contained herein.
FOR THE COUNTY ATTEST
NAME John Purcell Debbie Gillette
TITLE Co Board Chair County Clerk
SIGNATURE I
DATE 11 L3 `
S EA A I..
FOR THE CITY OF PLANO ATTEST
NAME Robert Hausler Deanna Brown
TITLE Mayor of Plano City Clerk
SIGNATURE Z�kzLz.,'
DATE
ST AI
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FOR THE CITY OF YORKVILLE ATTEST
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NAME Valerie Burd Jacquelyn Milschewski
TITLE Mayor of Yorkville City Clerk
SIGNATURE
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DATE
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