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R-60-04 08/23/2004VILLAGE OF LEMONT RESOLUTION NO. iQ F.C' ©'7 A RESOLUTION ESTABLISHING PAYMENT OF IMPACT FEES FOR THE LEMONT FIRE PROTECTION DISTRICT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 23RD DAY OF AUGUST 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 23"' day of August 2004. RESOLUTION NO. A RESOLUTION ESTABLISHING PAYMENT OF IMPACT FEES FOR THE LEMONT FIRE PROTECTION DISTRICT WHEREAS, the Village of Lemont (the "Village ") anticipates a continued population increase due to the subdivision and planned unit development of land within the jurisdiction of the Village; and WHEREAS, planning staff has indicated that such population growth will accelerate during the next ten years resulting in the gradual disappearance of available land and a steady increase in land values; and WHEREAS, the District welcomes the addition of new residents to its territory and desires at all times to provide adequate services to all Village residents and future residents; and WHEREAS, both the Village and the District recognize that the addition of new residents and commerciaUindustrial growth to the District will impose immediate additional financial and user demands upon the District and its facilities and services; and WHEREAS, the Village finds that the health, safety and general well -being of the community depends in part on the availability of competent emergency and fire services; and WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety of an expanded Village will require the Lemont Fire Protection District (the "District ") to construct additional fire station sites; and WHEREAS, it has been found and determined that the provisions and locations of suitable fire station sites to adequately protect the public of each new subdivision or planned unit development are just as essential to proper land development as are streets, sewer, water and sidewalks, and to that end the Village has determined that the dedication of land for fire station sites or cash contributions in lieu of actual land dedication or a combination of both shall be required of each developer; and WHEREAS, the Village and District Boards agree that the Village should be indemnified in the normal and customary fashion against any claims or suits arising from any disputing involving, in any way, the contributions collected on behalf of the fire protection district and as further described in Exhibit "A" of such Resolution. NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of Lemont, Illinois, as follows: 1. All annexations into the Village, unless waived by the Village Board after the effective date of such Resolution, shall contribute Fire Impact Fees in accordance with the following schedule and as further described in Exhibit `B" of such Resolution. Un- Sprinkled Structure Single - family $298.00 per unit Multi- family $239.00 per unit Sprinkled Structure Single - family $100.00 per unit Multi- family $120.00 per unit Commercial Commercial & Industrial $0.16 per sq. ft & Industrial $0.08 per sq. ft. 2. The District, upon receipt of any contribution under such Resolution, agrees to use such contributions exclusively for the acquisition of real property, improvement or maintenance of existing facilities and equipment, and/or the acquisition of equipment, and other District purposes as authorized under the Illinois Fire Protection District Act (70 ILCS 705/0.01 et seq.). PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 23'a day of August, 2004. Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ron Stapleton Jeanette Virgilio Attest: /1411‘'* 26-Thry/ HARLENE M. SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT v PIAZZA, Village Pr si . nt EXHIBIT A AGREEMENT BENEFITING GOVERNMENTAL AGENCY WHEREAS, the Village of Lemont, Illinois, on behalf of itself, its officers, employees and independent contractors, (the "Village"), through its ordinances or through the provisions of its annexation agreements has required that developers make contributions to the Village which the Village, in turn, may make available for other governmental bodies which are affected by the subdivision improvements; and WHEREAS, such contributions may be in land or in dollars and when transferred or paid over to such governmental bodies, inure to the benefit of those governmental bodies and not entirely' to the direct benefit of the Village; and WHEREAS, from time -to -time within the Village and within other municipalities, disputes have arisen regarding the validity and amount of such contributions; and WHEREAS, the Village is willing, at its discretion, to continue seeking the contribution of land or money but wishes to procure a commitment from other governmental bodies benefited by the receipt of such contributions that such governmental bodies will (1) acknowledge that the requirement that such subdivision contributions be made are totally within the discretion of the Village as to their existence, manner and amount; (2) the other governmental bodies which benefit from such contributions will share in the cost of defending a lawsuit which is filed challenging the appropriate amount of such contributions, the time at which they are to be made or any other aspect of the contributions; and (3) that the benefited governmental body will comply with the terms of a final and non - appealable judicial determination by a court of competent jurisdiction rendered in connection with such lawsuit; and WHEREAS, the Village is only willing, in its discretion, to pay over or require contributions to other governmental bodies which execute this agreement. 1 NOW, TIHEREFORE, IT IS AGREED between the Village on behalf of itself and its officers, employees and independent contractors, and , a governmental body within the State of Illinois, (the "Benefiting Government "), and in consideration for the payment of monies or the transfer of the land to the Benefiting Government, which the Village from time -to -time may within its discretion cause to be made by subdividing developers, the Benefiting Government does hereby agree, as follows: 1. The Benefiting Government acknowledges that, except as otherwise provided in the Village's ordinances and /or annexation agreements, the Village is not obligated to cause, but has the power to cause and has exercised such power to cause, the payment of money or the transference of land to the Benefiting Government, The Benefiting Government recognizes that the Village may, at its sole discretion, amend its ordinances or annexation agreements or its practices so as to discontinue the payment of subdivision contributions to the Benefiting Government. 2. (a) In the event a lawsuit is hereafler filed against the Village, the Benefiting Government and /or others, by a subdividing developer or any other person, corporation or entity which challenges the appropriateness, the amount, the timing, or any other aspect of a subdivision contribution which, pursuant to the terms of the Village's ordinances or annexation agreements, has been paid or is due to the Benefiting Government, then the Benefiting Government does hereby agree to pay its proportionate share of the costs and litigation expenses (including reasonable attorneys' fees) incurred in defending such lawsuit. For purposes of this Agreement, the Benefiting Government's proportionate share of the foregoing costs and expenses shall be determined by multiplying the total and/or periodic installments of such costs and expenses, as appropriate, by n fraction, the denominator of which is the total dollar value of all cash and land contributions at issue 2 in the subject lawsuit and the numerator of which shall be the total dollar value of all cash and land contributions which, but for the challenge represented by the subject lawsuit, would be due the Benefiting Government. The Benefiting Government's proportionate share of such costs and expenses shall be paid by the Benefiting Government when and as Incurred by the Village but in no event more than once a month. As a condition precedent to the payment of such costs and expenses, the Village shalt submit to the Benefiting Government copies of the original statements reflecting the costs and expenses, together with such supporting documentation as may be reasonably requested by the Benefiting Government. (b) The Village covenants and agrees that it shall employ competent and skilled legal counsel to represent the Benefiting Government and the Village, and further covenants and agrees that it shall keep the Benefiting Government fully advised ns to the progress and status of the litigation. In particular, the Village shall provide to the Benefiting Government copies of all pleadings filed in the litigation and shall regularly consult (and shall cause its attorneys to consult regularly) with the Benefiting Government or its attorneys, as applicable, as to the strategy for defending the lawsuit. In no event may such litigation be compromised or settled by the Village without at least thirty (30) days prior written notice to the Benefiting Government. In the event that the Benefiting Government decides that it would prefer to he represented In the litigation by legal counsel of its own choosing, then the Benefiting Government shall be free to retain its own legal counsel for such purpose and to intervene in the litigation. In the event the Benefiting Government shall intervene in the litigation, such Benefiting Government shall assume all costs of the litigation and indemnify and hold harmless the Village from any and all costs, ' expenses and damages in relation thereto; provided, however, that the Benefiting 3 Government shall nevertheless, still be liable for all sums which have theretofore accrued pursuant to the foregoing Subparagraph (a) and which remain due and owing from the Benefiting Government to the Village. 3. In the event that a final and nonappealable judicial determination is made by a court of competent jurisdiction that contributions of land or money received by the Benefiting Government are, in whole or in part, excessive, the Benefiting Government shall promptly repay to the person who procures such a judgment against the Village or the Benefiting Government, together with such other amounts judged by the court to be owning from the Benefiting Government. Provided, however, that in the event that a judicial determination should require the payment of damages or for the attorneys' fees of the plaintiff's attorneys, in addition to the return of contributions held to be excessive, the Benefiting Government shall pay a proportional share of such additional amounts in the same manner as is provided in Section 2(a). 4. In further consideration of the continued payment by the Village to the Benefiting Government of the subject contributions of land or monies, the Benefiting Government agrees that its obligations under Paragraphs 2 and 3 of this Agreement shall extend to both past and future cash and land contributions. 5. On or before June 1st of each year, every Benefiting Government which receives payments from the Village under this Agreement shall submit a report to the Village describing the manner in which such payments have been utilized. Where this Agreement provides that monies turned over to Benefiting Governments are to be used for n specific purpose or within a specific time period, the report shall address those issues. If the Benefiting Government should fail to file such a report with the Village, the Village may delay the payment of any additional funds due the Benefiting Government until such time 4 as a full report containing adequate information is transmitted to the Village. 6. This Agreement shall be terminable by either party for any reason or no reason upon thirty (30) days prior written notice to the other evidencing the intention to so terminate this Agreement. But the termination of this Agreement shall not affect the continuing obligation of the Benefiting Government or the Village with regard to claims or damages allegedly arising out of the Village's efforts prior to the termination to collect or the actual collection of subdivision contributions. Dated this day of , 2004. VILLAGE OF LEMONT BENEFITING GOVERNMENT Piazza, Presiden Title: ATTEST: ATTEST: Charlene M. Smollen, Clerk Title: 5 EXHIBIT B LEMONT FIRE PROTECTION DISTRICT IMPACT FEES The need for fire stations in a rapidly growing Village, to serve an ever - expanding population base, is obvious. There are two standards that govern fire station location and the number of stations required. One of them is the Insurance Services Office (ISO) that has travel distances for engines and trucks. The other is (NFPA) the National Fire Protection Association's standard 1710 for Career Fire Departments. Using these standards fire station numbers may be accurately determined. The number of fire station• re uired for the Lemont Fire Protection District! The fire district covers approximately 50 square miles. ISO requires that an engine company cover it's district with a maximum travel distance of 1.5 miles. NFPA 1710 requires a response time of 4 minutes for 90% of all calls for EMS service. Based on a speed of 2 minutes per mile, this allows a maximum travel distance of two miles per EMS unit — the 4- minute time is from turnout to arrival at the incident. However, there was an extensive land travel limed distance study done by Battalion Chief Dave Slivinski and Director Jeff Lehr of the Lemont Fire Prevention Bureau. They discovered because of the geography and topography of the Village of Lemont that instead of taking two minutes to travel those two miles; that in two minutes they could travel only 1.3 miles on average. This means that in order to meet this standard we would be required to build additional stations. Using the above information the Lemont Fire Protection District would require 7 stations for engine companies and ambulance companies under either the ISO standard or the NFPA 1710 standard. 7/24/2004 1 FIRE DEPARTMENT LAND NEEDS By Village Ordinance Sub - Stations shall be a minimum of 3 acres and one headquarters station shall be five acres. 6 Sub - Stations minus three existing stations = 3 Stations @n 3 acres or 9 acres 5 acres 14 acres I Headquarters station = 1 Station ra? 5 acres or LAND DEVELOPMENT Fire District Possible land development (Deduct for infrastructure) LAND COSTS Total Acres 50 square miles or 32,000 acres 22% Net Acres 7,040 Land cost per acre Cost for Fire Dept. Sites (14 Acres) $150,000.00 $2,100,000.00' Unmodified Impact Fee per Acre 5298.00 CASH EY LIEU OF LAND Occupancy U n- Sprinkled Impact fee "Units Impact fee *Modifier per acre per Acre per unit Single Family 3 $894.00 3 298.00 Multi Family 4 S119'2.00 5 239.00 Corrunercial 16 S4768.00 1 (30,000) .16 per square ft. Sprinkled Single Family 1 $298.00 3 100.00 Multi Family 2 $596.00 5 120.00 Commercial 8 $2384.00 1 (30;000) .08 per square R. 'Note: For the purpose of this document the following words will have the following meaning. 7/24/2004 2 Modifier: will be identified as a fire department term and will have a number to identify the relative hazard associated with the occupancy to the left of the modifying number. The number represents the likely occupant load, product load, size, chemical product, height etc. and the various combinations of these things. A modifying number will be posted against the same occupancy for both sprinkled and un- sprinkled buildings. You will notice that there is a significant reduction to the Impact fees when a building is sprinkled. The reason for this is that sprinkled buildings significantly reduce the incident of fire. The modifying number is a multiplier. Unite per acre: will be identified as a community development term and will have a number to identify the approximate number of units per acre. It will also have the added benefit of allowing the Village to charge the residential developer on a per unit basis and commercial developers on a square foot basis. This number divides the cost per acre by the average number of units per acre. In order to identify the square foot costs we used an average of 30,000 square foot building that will occupy over 70% of an acre and divided it into the cost per acre. The unit per acre number is a divider. All numbers have been rounded up. 7/24/2004 3