HomeMy WebLinkAbout22-126 Resolution No. 22-126
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN FOR INTERCEPTOR SEWER
ACCESS
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 a Third Amendment to the Intergovernmental Agreement on behalf of the
City of Elgin with the Village of South Elgin, for interceptor sewer access, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 27, 2022
Adopted: July 27, 2022
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR INTERCEPTOR SEWER ACCESS
THIS THIRD AMENDMENT AGREEMENT is made and entered into as of
July 27 ,2022,by and between the CITY OF ELGIN,a municipal corporation and home
rule unit of local government 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 entered into a Second Amendment to
Intergovernmental Agreement dated May 1,2010,(hereinafter referred to as the"Second 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 Third Amendment Agreement in order to amend and add an additional
property to the SWSSA Map.
2
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
set forth in the Subject Intergovernmental Agreement and the First Amendment Agreement and
the Second 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
Third Amendment Agreement. For purposes of clarification, this amendment of the SWSSA Map
consists of adding thereto Parcel X, commonly known as the Christ Community Church Property
(25.859 acres). Notwithstanding anything to the contrary provided in the Subject Intergovernmental
Agreement,and the First Amendment Agreement,and the Second 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 Parcel X, including signing sewer connection permits therefore, is
contingent upon Parcel X being continued to be utilized for religious institution uses.
2. In the event of a conflict between the terms of this Third Amendment Agreement
and the terms of the Subject Intergovernmental Agreement or the First Amendment Agreement or the
Second Amendment Agreement,the terms of this Third Amendment Agreement shall prevail.
3. Except as amended by this Third Amendment Agreement, terms of the Subject
Intergovernmental Agreement and the First Amendment Agreement and the Second Amendment
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Third
Amendment Agreement as of the date and year first written above.
VILLAGE OF SOUTH ELGIN CITY OF IGN
By:z� By:
President OF �� Mayor
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Attest: �`" �G ��� ��, At
Village CIA �97?0 City Clerk
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SILV IVER GLE ROAD
LEGEND
U B.CAVITT FARM(41 ACRES)
V E.HAYES/SHANAHAN PROPERTY(69 ACRES)
G.JEWEL/OSCO SHOPPING CENTER(22 ACRES)
pQ p I.PASQUINELLI/GYORR PROPERTY(82 ACRES)
W J.SPOHR FARM(86 ACRES)
K.TECZA/BP PROPERTY(7 ACRES)
mZ X L.THORNWOOD(745 ACRES)
N.UMDENSTOCK PROPERTY(15 ACRES)
U O.FOX RIVER STONE/LAFARGE PROPERTY(176ACRES)
P.TECZA PROPERTY(10 ACRES)
Q.PEDDY/BEST BUY PROPERTY(15 ACRES)
R,CALHOUN PROPERTY(65ACRES)
BOLCU S.McDONALD ROAD GOLF CENTER(16 ACRES)
T.CRIBBE/STERLING ESTATES SUBDIVISION(35ACRES)
U.STANITZ/TU/DISTRICT 303 PROPERTIES(123 ACRES)
V.LUTHERAN ASSOCIATION/GABRIEL PROPERTIES(34 ACRES)
W.ST.PATRICK SCHOOL PROPERTY(11 ACRES)
REMG REZMHENRY,MEISIIIUE RAND GENDE,LTD. SOUTH T SANITARY SEWER AREA MAP
975CAMPUSDRS6 836TOLLWAY RID.SUIIEOIS60123 EXH A FOR SEeeNB AMENDMENT TO 1998 IGA
MUNDEL FIN,IWN01380080 ELGW,IWNd380123
t-:s 847-362-5959 947-742.6989 U ; MAY I,2010 THIRD PROJ°: 21011013
PJG11r C-101011010 S.5*-%WQ101f019
X. CHRIST COMMUNITY CHURCH (25.859 ACRES)