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Home My WebLink About10-111 Resolution No. 10-111 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR INTERCEPTOR SEWER ACCESS WITH THE VILLAGE OF SOUTH ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock,Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a Second Amendment to the Intergovernmental Agreement For Interceptor Sewer Access on behalf of the City of Elgin with the Village of South Elgin, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR INTERCEPTOR SEWER ACCESS THIS SECOND AMENDMENT AGREEMENT is made and entered into as of May 1, 2010, by and between the CITY OF ELGIN, a municipal corporation organized and existing under the constitution and statutes of the State of Illinois (hereinafter referred to as the "City of Elgin"), and the VILLAGE OF SOUTH ELGIN, a municipal corporation organized and existing under the constitution and statutes of the State of Illinois (hereinafter referred to as "South Elgin"). WITNESSETH WHEREAS, the City of Elgin and South Elgin entered into an Intergovernmental Agreement dated December 2, 1998, (hereinafter referred to as the "Subject Intergovernmental Agreement"); and WHEREAS, the Subject Intergovernmental Agreement includes provisions allowing properties in the South Elgin South West Sanitary Sewer Area ("SWSSA") to connect to and use the City of Elgin's BRIS II and BRIS IB sanitary sewer interceptor lines, with SWSSA being depicted on a map attached to the Subject Intergovernmental Agreement (the "SWSSA Map"); and WHEREAS, the City of Elgin and South Elgin entered into an Amendment to Intergovernmental Agreement dated March 28, 2001, (hereinafter referred to as the "First Amendment Agreement") that, inter alia, amended the SWSSA Map to add additional properties; and WHEREAS, the City of Elgin and South Elgin have determined that it is necessary and desirable to enter into this Second Amendment Agreement in order to amend and add more properties to the SWSSA Map. 1 NOW, THEREFORE, for and in consideration of the mutual promises and undertakings set forth in the Subject Intergovernmental Agreement and the First Amendment Agreement, the City of Elgin and South Elgin agree as follows: 1. The SWSSA Map is hereby amended and restated as set forth in Exhibit A to this Second Amendment Agreement. For purposes of clarification, this amendment of the SWSSA Map consists of adding thereto Parcels V and W, commonly known as, respectively, the Lutheran Association/Gabriel Properties (34 acres) and the St. Patrick School Property (11 Acres). Notwithstanding anything to the contrary provided in the Subject Intergovernmental Agreement and the First Amendment Agreement, the City of Elgin's obligation to authorize connection to and service through the BRIS II and/or BRIS IB sanitary sewer interceptor lines for Parcels V and W, including signing sewer connection permits therefore, is contingent upon Parcels V and W being developed for religious institution, schools or residential uses only. 2. In the event of a conflict between the terms of this Second Amendment Agreement and the terms of the Subject Intergovernmental Agreement or the First Amendment Agreement, the terms of this Second Amendment Agreement shall prevail. 3. Except as amended by this Second Amendment Agreement, terms of the Subject Intergovernmental Agreement and the First Amendment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second Amendment Agreement as of the date and year first written above. VILLAGE OF SOUTH ELIGN CITY OF ELIGN By: CYG� By• Z...214111111,../ President Mayor Attest: ttest: Q� G'1.k." t.CJ�.{.�6L'YU Village Cl k City Clerk 449706 2 • A EXHIBIT /---/ 1 o ti i 74" 7 Q GRAPHIC SCALE cc p spo' 1q002P00 4 aimmile 'W -___Y — i- = 2000' Al Oki NgT�O� IcRR C HOPPS ROAD �_ • R11 > +N--- 1 1 J .� . N �B ; Nip • G S ANi McDONALp Rp,D �.. • o i T 0 IIIIIIIIr zJ O w ____--) •> ( . i , • -T oOUTH 0 g AliP £ ELGIN ■ L - 1111 , •ILVER GLE' ROAD LEGEND 1 U B.CAVITY FARM(41 ACRES) V E.HAYES/SHANAHAN PROPERTY(69 ACRES) G.JEWEL/OSCO SHOPPING CENTER(22 ACRES) 'tg p I.PASQUINELLI/GYORR PROPERTY(82 ACRES) 0 VI it 0 J.SPOHR FARM(86 ACRES) IC g ir la K.TECZA/BP PROPERTY(7 ACRES) II g0 Z L.THORNWOOD(745 ACRES)itio a N.UMDENSTOCK PROPERTY(15 ACRES) V 0.FOX RIVER STONE/LAFARGE PROPERTY(176 ACRES) P.TECZA PROPERTY(10 ACRES) Q.PEDDY/BEST BUY PROPERTY(15 ACRES) R,CALHOUN PROPERTY(65 ACRES) BOLO VM 130AD S.McDONALD ROAD GOLF CENTER(16 ACRES) T.CRIBBE/STERLING ESTATES SUBDIVISION(35 ACRES) U.STANITZ/TU/DISTRICT 303 PROPERTIES(123 ACRES) V.LUTHERAN ASSOCIATION/GABRIEL PROPERTIES(34 ACRES) 1 W.ST.PATRICK SCHOOL PROPERTY(11 ACRES) RHMG REZEK,HENRY,MEISENHEI ER,ANDGENDE,LTD- SOUTH WEST SANITARY SEWER AREA MAP 975 CAMPUS DRIVE 535 TOLLWAY RD.SUITE F EXHIBIT A FOR SECOND AMENDMENT TO 1998 IGA ow MUNDELEIN,ILLINOIS 90090 ELGIN,ILLINOIS 90129 847J62-5959 847-742-5959 DATE: MAY I,2010 PROJ•: 21011013 Miler C�Fr21011010 S.SMpmNJ101i013 VILLAGE OF SOUTH ELGIN ORDINANCE NO. 2010- 3J� AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN (SEWER LINE BOWES INTERCEPTOR-BRIS I) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY ILLINOIS THIS ,Q15-k DAY OF u rye- , 2010 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN,KANE COUNTY,ILLINOIS AS PROVIDED BY LAW THIS a►$`DAY OF J u , 2010 ORDINANCE NO. 2010- 3S AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN (SEWER LINE BOWES INTERCEPTOR—BRIS I) WHEREAS, The Village of South Elgin, County of Kane, State of Illinois has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs to protect the public health, safety and welfare of its citizens; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may contract or otherwise associate among themselves 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 may use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS,the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further authorizes intergovernmental cooperation. WHEREAS,the Village and the City of Elgin entered into an Intergovernmental Agreement dated December 2, 1998 (hereinafter the"Subject Intergovernmental Agreement") concerning interceptor sewer access in order to promote the orderly development of land within their respective municipal boundaries; and WHEREAS,the Village and the City of Elgin desire to further amend the Subject Intergovernmental Agreement to expand the area to which it applies in order to further the intents and purposes of the Subject Intergovernmental Agreement; and WHEREAS, the parties have negotiated a Second Amendment to the Subject Intergovernmental Agreement in the form attached hereto as Exhibit 1 ("Second Amendment"); and WHEREAS, the Board of Trustees of the Village of South Elgin finds that it is in the best interest of the Village to enter into the Second Amendment attached hereto and incorporated herein as Exhibit 1. NOW, THEREFORE,BE IT ORDAINED BY THE VILLAGE OF SOUTH ELGIN, COUNTY OF KANE, STATE OF ILLINOIS,AS FOLLOWS: SECTION ONE: The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION TWO: The Village President and Village Clerk are hereby authorized and directed to execute the Second Amendment to the Subject Intergovernmental Agreement with the City of Elgin in the form as is attached hereto as Exhibit 1. SECTION THREE: This Ordinance shall be in effect immediately from and after its passage and approval. SECTION FOUR: All prior Resolutions and Ordinances in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. APPROVED and ADOPTED by the Village President and Board of Trustees of the Village of South Elgin this Q.( day of 2010 pursuant to roll call vote as follows: AYES Y-tJS kEeS F )v c, G oh' .• ,f r a w. J ' ' S) NAYS: Co). ABSENT:—ir)54 ee kn)Od ii (i) ABSTAIN: to APPROVED this 0215Y day of .J un ,2010. Lyes James W. Hansen,ll,Village President cl .OF,O. ATTEST: 4\\) \GORP0 fi ' Margaret ''. Gray, Villi_e Clerk / TA off'/L poo CERTIFICATION I, the undersigned, do hereby certify that I am the Village Clerk of the Village of South Elgin,Kane County, Illinois,and that the foregoing is a true and exact copy of Ordinance 2010- enacted on J ur a e?.l S-fr. , 2010, and approved on J or) 02I s_= ,2010 as the same appears from the official records of the Village of South Elgin. OF St U Village Cl ,Margar tui.' ay ` + ,:c1 OF Etc, City of Elgin Memorandum 117 F• 04'1Teo FES Date: July 27, 2010 To: Diane Robertson, City Clerk From: William A. Cogley, Corporation Counsel Subject: Second Amendment to Intergovernmental Agreement For Interceptor Sewer Access Between the Village of South Elgin and the City of Elgin Attached for the city clerk's files is an original fully executed copy of the above-referenced second amendment approved by the city council on June 9, 2010, pursuant to resolution number 10-111. (ANI/1/ WAC bf Attachment