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TO: Mayor Richard C. Irvin
FROM: Kurt Muth, P.E., Engineering Coordinator
DATE: December 13, 2021
SUBJECT:
Authorizing the provision of a water service to 2000 Plain Ave, Aurora, Illinois (DuKane Precast, Inc.) for non-industrial use.
PURPOSE:
As part of the easement acquisition for the water main extension on Sartor Lane, the City agreed to install a domestic 2" water service for the property owner at 2000 Plain Avenue. This property is currently located outside of the City of Aurora limits so a standard water service agreement would need to executed to project water service to this property.
BACKGROUND:
Several years ago, the City of Aurora Water Production division expressed a desire to extend 12" water main from the intersection of Plain Avenue and Sartor Lane south to Liberty Street, west 360' along Liberty Street to connect to an existing water main and east 1,700' along Liberty Street to connect to existing water main at County Line Road. The purpose of this water main extension was to provide redundancy and reliability to the high pressure water system located in the northeast section of the City. The majority of the project limits were located outside of the City limits, so water main easements were required to construct the improvements. DuKane Precast owns the parcels along the east side of Sartor Lane with their property line located near the east Sartor Lane edge of pavement. The City approached DuKane Precast during the initial planning phase of the project in order to obtain easements to construct water main on their property. In lieu of monetary compensation for the water main easements, the City agreed to install a 2" domestic water service for future connection to their office facility located at 2000 Plain Avenue (Parcel 15-24-276-028).
The easements were executed, approved by City Council on December 22, 2020 (R20-316) and recorded by the Kane County Recorder on January 13, 2021. A copy of the recorded easement for 2000 Plain Avenue is attached as Exhibit A. In the spring of 2021, the engineering division publicly bid the water main extension project and just prior to the start of construction an engineering coordinator with the City met with a representative of DuKane Precast on-site to discuss the project. Following that meeting, the engineering coordinator discovered that a water service agreement would be required to provide water to the parcel outside of city limits which includes the provision that the owner agrees that their property may be annexed by the City of Aurora at their sole discretion (Section 48-4 of the Code). The property owner expressed that they were unaware of this provision and would have not provided the easement if they had known about the provision. The construction of the water main was completed between June and August 2021.
DISCUSSION:
The property at 2000 Plain Avenue currently has a well that supplies their water. Their plumber estimated that a 2" domestic service would be the appropriate size for the building on that property. It is estimated that the current office use would result in a water bill of approximately $100-$120 every two months.
The area of easements provided by DuKane Precast was 32,845 square feet and the estimated easement acquisition costs could range between $33,000 to $66,000. The cost of the 2" water service installation was $6,774.72.
The property owner has requested that the City authorize the provision of water service to 2000 Plain Avenue notwithstanding Sec. 48-4 of the Code. While that provision generally requires subsequent annexation as a condition of any extraterritorial water service, the Council does not need to be bound by its own ordinances if the interests of the City otherwise require.
In most situations involving the provision of water services outside of the City's corporate limits, the owner of the property approaches the City to request water service, often out of necessity. In consideration for providing water service, the City is able to voluntarily annex property that it could not annex involuntarily. These are the circumstances contemplated by Sec. 48-4.
In this case, the City approached DuKane to acquire easements along its property, and DuKane, in return, asked for limited water service for drinking, rather than industrial use. For DuKane, switching to City drinking water service is desirable, but not necessary -- and the benefits of doing so do not outweigh the economics of remaining unincorporated. Since DuKane does not actually require City water service and would not accept it if it was required to annex, the City loses nothing by adopting this ordinance, but gains an ongoing source of revenue from DuKane's consumption and significantly reduces the cost of easement acquisition.
IMPACT STATEMENT:
This water main extension project was completed to provide water system redundancy and reliability to the water main located in the northeast section of the City and this water main could not be constructed without first obtaining water main easements.
RECOMMENDATIONS:
I request the proposed ordinance be enacted.
cc: Infrastructure & Technology Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance authorizing the provision of a water service to 2000 Plain Ave, Aurora, Illinois (DuKane Precast, Inc., parcel 15-24-276-028) for non-industrial use.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the water main extension project was completed to provide water system redundancy and reliability to the water main located in the northeast section of the City, and
WHEREAS, the majority of the project limits were located outside of the City limits, so water main easements were required to construct the improvements, and
WHEREAS, the water main easement at 2000 Plain Avenue was obtained with the agreement to install a 2" domestic water service for future connection in lieu of monetary compensation; and
WHEREAS, the property owner has requested that the City authorize the provision of water service to 2000 Plain Avenue notwithstanding Sec. 48-4 of the Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the provision of a water service to the Subject Property exclusively for non-industrial use as described in the Recitals to this Ordinance shall be and hereby is authorized and approved; and further
BE IT ORDAINED, that the City Council confers such authority under this Ordinance notwithstanding the provisions of Sec. 48-4 of the Code of Ordinances and expressly intends that the provisions of this Ordinance shall supersede any contrary provision of Sec. 48-4; and further
BE IT ORDAINED, that the City Council intends that the authority it confers under this Ordinance shall be narrowly construed by the officers and employees of the City and that any intensification of use of water services upon the subject property or to any adjacent unincorporated property shall conform to the provisions of Sec. 48-4 or require express authorization by the City Council; and
BE IT ORDAINED, that the respective officers and employees of the City shall be and hereby are authorized to take all actions necessary and appropriate to carry the purposes of this Ordinance into execution including, but not limited to the approval of any agreements or memoranda on behalf of the City consistent with the provisions of this Ordinance.