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Home My WebLink About18-103 Certified State of Illinois) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of: RESOLUTION NO. 18-103 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO adopted by the Elgin City Council at its legally convened meeting held on September 26, 2018. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this October 3, 2018. Kimberly De s, City Clerk c ,p This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 18-103 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment to Multi-County Municipality Intergovernmental Agreement with the Metropolitan Water Reclamation District of Greater Chicago,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2018 Adopted: September 26, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT TO MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO THIS AMENDMENT TO AGREEMENT ("Amendment") is entered into by and between the Metropolitan Water Reclamation District of Greater Chicago, a unit of local government and body corporate and politic, organized and existing under the laws of the State of Illinois ("District") and the City of Elgin, a municipal corporation and home rule unit of government organized and existing under Article VII, Section 6 of the 1970 Constitution of the State of Illinois ("Municipality"). WITNESSETH: WHEREAS, on September 22, 2016, the Municipality and the District (the "Parties") entered into a written agreement, entitled "Multi-County Municipality Intergovernmental Agreement Between the City of Elgin and the Metropolitan Water Reclamation District of Greater Chicago" ("Agreement") whereby the Municipality administers the stormwater ordinance of another county in which its municipal boundary is located in lieu of the Watershed Management Ordinance ("WMO") for the Cook County portions of its municipal boundary; and WHEREAS, the Municipality has adopted and is administering the Kane County Stormwater Management Ordinance ("KCSMO") for the municipal area located within Cook County, which is subject to the WMO; and WHEREAS,under the Agreement,Watershed Management Permits issued by the District are still required for development activities as listed in Article 2, Section 201.2 of the WMO,which includes modifications to District permitted detention facilities and/or their tributary area; and WHEREAS, the Parties seek to amend the Agreement to be consistent with the February 15, 2018 amendments to the WMO under which Watershed Management Permits for development activities listed in Section 201.2.E and 201.21 of the WMO are not required; and WHEREAS, all other terms and conditions contained in the Agreement not expressly amended in this Amendment shall continue to remain in full force and effect; and WHEREAS, on March 1, 2018, the District's Board of Commissioners granted authority to negotiate and execute this Amendment; and WHEREAS, on September 26 , 2018, the Municipality's City Council authorized the Municipality the amend the intergovernmental agreement with the District; and NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and agreements contained herein,it is agreed by and between the parties that the recitals set forth above shall hereby be adopted as the terms and conditions of this Amendment, and Article 3 of the Agreement is stricken in its entirety and replaced with the following: Article 3. Watershed Management Permits 1. Article 2, Section 207 of the WMO regulates development activities for multi-county municipalities and describes under what circumstances a Watershed Management Permit is required. In general, multi-county municipalities must obtain a Watershed Management Permit for: (1) qualified sewer construction tributary to either a combined sewer or waterway within the District's corporate boundaries; (2) direct connections to District infrastructure; (3) stormwater discharges on District property; or (4) new or reconstructed outfalls to waterways. The multi-county municipality should consult Article 2, Section 207 of the WMO for the specific instances where a Watershed Management Permit is required. 2. A Watershed Management Permit shall not be required from the District for any development activity enumerated in Article 2, Section 201.1 or Sections 201.2.E and 201.2.F of the WMO proposed within the Municipality's corporate limits. For such development activities, the Municipality shall issue permits within its corporate area in conformance with the terms and conditions of the KCSMO. 3. Upon request, the Municipality shall reasonably cooperate with the District on administrative proceedings related to variances, appeals, and violations of the WMO. The Municipality's reasonable cooperation shall include assistance in the form of supporting documents, information, and, if necessary, testimony. EXCEPT AS AMENDED by the provisions contained above, all remaining terms and conditions of the Intergovernmental Agreement between the Parties shall be and remain in full force and effect. 2 IN WITNESS WHEREOF,the Metropolitan Water Reclamation District of Greater Chicago and the City of Elgin, the parties hereto, have each caused this Amendment to be executed by their duly authorized officers, duly attested and their seals hereunto affixed on the dates specified below. CITY OF ELGIN ? September 26, 2018 Mayor Date ATTEST: September 26, 2018 City Clerk Date 3 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO Chairman of the Committee on Stormwater Management Date Executive Director Date ATTEST: Clerk Date APPROVED AS TO ENGINEERING AND TECHNICAL MATTERS: Engineer of Local Sewer Systems Date Assistant Director of Engineering Date Director of Engineering Date APPROVED AS TO FORM AND LEGALITY: Head Assistant Attorney Date General Counsel Date 4 ENG- MWRD Multi-County WMO IGA-Amendment#1-Attachment B September 12, 2018 Amendment to the Multi-County Municipality Intergovernmental Agreement Between the City of Elgin and the Metropolitan Water Reclamation District of Greater Chicago (MWRD) The proposed amendment would relieve applicants in Cook County from providing dual applica- tions to both the City and MWRD in the following instances: § 201. 1. A Watershed Management Permit from either the District or an authorized municipality shall be required for any of the following development activities: A. Development within a Flood Protection Area; B. Development with an indirect wetland impact; C. Development of residential buildings within 100-feet of the regulatory floodplain, exclud- ing non-substantial improvements to a single-family home; and D. Development disturbing more than 0.5 acre, unless the development solely involves one or more of the following: (1) Installation, renovation, or replacement of a septic system, potable water service line, or other utility to serve an existing structure, provided that the area is restored to existing grade and vegetative cover is restored; (2) Excavation in public rights-of-way or public utility easements, outside of flood protec- tion areas, for the purpose of installing or maintaining utilities other than qualified sewer construction, provided that the area is restored to existing grade and vegetative cover is restored. Utility excavation not requiring a Watershed Management Permit must install and maintain adequate sediment and erosion control; (3) Maintenance activities, repair, or at-grade in-kind replacement of existing lawn areas not otherwise requiring a Watershed Management Permit, provided that the area is re- stored to existing grade and vegetative cover is restored; or (4) Maintenance activities, repair, or in-kind replacement of existing impervious areas in- cluding, but not limited to, roadways or parking lots not otherwise requiring a Watershed Management Permit. 2. A Watershed Management Permit from the District shall be required for any of the following development activities: E. Development proposing reconfiguration of existing major or minor stormwater systems which alters the service area of a District permitted detention facility; F. Development proposing modifications to the outlet control structure or storage volume of a District permitted detention facility; 1