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HomeMy WebLinkAbout94-213 Resolution No. 94-215 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an intergovernmental agreement on behalf of the City of Elgin with Fox River Water Reclamation District (FRWRD) for transfer of a sewer main, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 10, 1994 Adopted: August 10, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk J INTERGOVERNMENTAL AGREEMENT Gt THIS AGREEMENT entered into this day of �. 1994, by and between the FOX RIVER WATER RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties, Illinois, (hereinafter referred to as the "District" ) and the CITY OF ELGIN, a municipal corporation of Kane and Cook Counties, Illinois, a home rule unit, within the meaning of the Constitution of the State of Illinois (hereinafter referred to as the "City") . WITNESSETH: WHEREAS, the District and the City are public agencies within the meaning of the Intergovernmental Cooperation Act; and WHEREAS, the District and the City are also units of local government within the meaning of Section 10 of Article VII of the Constitution of the State of Illinois; and WHEREAS, the District and the City are authorized to contract among themselves to obtain or share services, or exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the ownership, maintenance and operation of a sanitary sewer collection system are matters within the government and affairs of the parties; and WHEREAS, the District owns, maintains and operates a sanitary sewer collection system to collect sewage and transport said sewage to the District plants through sewer pipes; and J , WHEREAS, pursuant to the previous intergovernmental agreement entered into between the parties in September of 1990, the District conveyed to the City certain portions of its sanitary sewer collection system including a certain interceptor sewer line lying between Church Road and the District' s north waste water treatment plant; and WHEREAS, the City Council of the City of Elgin has authorized a sanitary sewer interconnection with the Village of West Dundee based upon commitments by the District to provide sanitary sewer service to a parcel of land in West Dundee north of Church Road and based upon the District's agreement to accept the return of ownership and maintenance responsibilities for the interceptor sewer line from Church Road to the District's north waste water treatment plant which will convey the sewage from the interconnection with the Village of West Dundee; and WHEREAS, the parties hereto believe that it would be more efficient and economical if that portion of the sanitary sewer collection system in the City of Elgin lying north of Church Road extending to the District's north waste water treatment plant were owned, maintained and operated by the District. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the District and the City agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 2 . That the City shall convey and transfer by appropriate instrument to the District all rights in the interceptor sewer line lying north of Church Road extending to the District's north waste water treatment plant including all easements and licenses . 3. That upon transfer of the City's rights including easements and licenses in the interceptor sewer extending from Church Road to the District's north waste water treatment plant the District shall assume ownership thereof and shall maintain and operate same as District property. The City shall retain the joint right to use the said easements and licenses from and after the date hereof. THE PARTIES have executed this agreement on the date first written above. FOX RIVER WATER RECLAMATION CITY OF ELGIN, a municipal DISTRICT, a municipal corporation corporation By By L resident, Boar f Trus ees Mayor Attest: Attest: erk, Board of Trustees City Clerk �� 3 • 11� Agenda Item No . Will July 20, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Transfer of Sewer Main to FRWRD Serving West Dundee PURPOSE To provide the Mayor and City Council with information to consider an Agreement with Fox River Water Reclamation Dis- trict (FRWRD) for the transfer of a sewer main. BACKGROUND On March 23, 1994, Mr. Albin D. Pagorski, General Manager of FRWRD, appeared before the City Council, requesting the exten- sion of the subject sanitary sewer to serve the Village of West Dundee. The City and FRWRD mutually agreed that as the sewer main will provide service to both the City of Elgin and the Vil- lage of West Dundee, the ownership, operations and mainte- nance of the sewer main should be the responsibility of FRWRD. An Intergovernmental Agreement has been prepared by the City and executed by FRWRD accomplishing the transfer. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Fox River Water Reclamation District. FINANCIAL IMPACT With the transfer to FRWRD, the City of Elgin will be spared all costs associated with the maintenance and repairs . LEGAL IMPACT None. Transfer of Sewer Main to FRWRD July 20, 1994 Page 2 RECOMMENDATION To approve the Intergovernmental Agreement and to authorized the Mayor to execute the Agreement espectfull u it ed, / James L. Kristiansen IJ Public Works Director Respectfully submitted, 1�_ I Richard B. Helwig City Manager amp j � G L 8.. 8.. RD- I •non 0 ly ec 00'4' m r � ' 6•• Fi(/AIJ B., I i I s 71-0 I I JI I i 'RAC N I Rr I 1 40 ,es I, J I TOLL HIGH v N� I J ROAD _ 1 I I C SUE S' ' � / •C� I��, � ��i RANCID P;l 1 • 1i' G 0 \ W p / �� III `` I • . '0 • / � ti AOELAIDE AvE ti •l e; JERJS HA 11 W my GENWE-St A \ raps- rerec-d N I 16w MAP OF I SANITARY AND C "RINFD SFWFF