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HomeMy WebLinkAbout95-73 Resolution No. 95-73 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT ' 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 the Fox River Water Reclamation District to permit a reciprocal agreement to waive fee requirements for permits, inspections, or connection of utility services otherwise due from any public work of the other, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde - George VanDeVoorde, Mayor Presented: March 22, 1995 Adopted: March 22, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk INTERGOVERNMENTAL AGREEMENT WHEREAS, 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, Kane and Cook Counties, Illinois, and a home rule unit, within the meaning of the Constitution of the State of Illinois, hereinafter referred to as "City" , are public agencies within the meaning of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and WHEREAS, District and City are also units of local government within the meaning of Section 10 of Article VII of the Constitution of the State of Illinois, 1970; 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, rapid actual and anticipated growth within the boundaries of the District and the City has resulted in public works projects of the District and the City which require permits, inspections, utility services and other forms of regulation from the other; and WHEREAS, applicable fees for such permits, inspections, and authorized utility services are paid by District and City to each other from revenue derived by taxation from largely the same tax base; and WHEREAS, it is in the best interest of District and City that fees payable to each other be waived to reduce the cost of public projects and reduce the use of revenue derived from taxation. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the District and the City agree that neither shall collect from the other any fee for a permit, inspection, or connection of utility services otherwise due from any public works of the other. IT IS FURTHER AGREED that the term of this agreement shall be for a period of five years and that it shall be renewable upon mutual agreement of the parties . Dated: 1yX&6,e,6 A-7 1995 FOX RIVER WATER RECLAMATION DISTRICT, a municipal corporation Y President, Board f Trust s Attest: A44 Clerk, Board of Ttdstees CITY OF ELGIN, a municipal corporation By Mayor I Attest: City Clerk • w El in Agenda Item No . March 2, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Intergovernmental Agreement with FRWRD PURPOSE The purpose of this memorandum is to present to the City Council a proposed intergovernmental agreement with the Fox River Water Reclamation District. BACKGROUND The FRWRD facility located on the west side of the Fox River east of Route 31 on Dana Drive is currently served by the Elgin Mental Health Center Water System. The State of Illi- nois is requiring that FRWRD disconnect from their water system. FRWRD can connect to the City of Elgin water line that runs along Route 31. If the rates adopted on January 12, 1994 for water meter and water services were applied, FRWRD would pay an estimated fee of $19 ,239 to the City of Elgin. On January 9, 1995, the Board of Trustees of FRWRD adopted an ordinance that requires public buildings to pay connection fees unless certain criteria are met. The FRWRD ordinance allows for the waiver of fees if a reciprocal agreement ex- ists with a governmental agency with respect to the waiver or reduction of fees, assessment, or other charges by a govern- mental applicant. Connection fees payable to FRWRD for the Law Enforcement Facility are estimated to be $68,400 . The proposed Intergovernmental Agreement permits FRWRD and the City to agree that neither shall collect from the other any fee for permits, inspections, or connection of utility services otherwise due from any public work of the other. FINANCIAL IMPACT Based on these two projects and payments, the City would not be required to pay the $68,400 connection fee to FRWRD for the police facility. Alternatively, the City would not re- Mayor and Members of the City Council March 2, 1995 Page 2 ceive $19,239 for the connection of the Dana Drive property to the City water service. All future connections fees or receipts would be eliminated from both parties . NEIGHBORHOOD/COMMUNITY GROUPS CONTACTED None. LEGAL IMPACT The Agreement is for five years at FRWRD' s request. By ordi- nance FRWRD as a unit of local government is exempt from permit fees but not inspection or connection fees . Dana Drive is a connection fee. RECOMMENDATION It is recommended that the Mayor be authorized to enter into an Intergovernmental Agreement with the Fox River Water Recla- mation District. Respectfully submitted, 74� Raymond H. Moller Director of Business Services and Properties Richard B. Helwi.g City Manager RHM/sg Attachment