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90-0912 Sanitary District Intergovernmental Agreement RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE SANITARY DISTRICT OF ELGIN 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 Sanitary District of Elgin for a sanitary sewer collection system, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 12, 1990 Adopted: September 12 , 1990 Vote: Yeas Nays Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk l INTERGOVERNMENTAL AGREEMENT WHEREAS, the Sanitary District of Elgin, 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; 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; and WHEREAS, the District and the City are authorized to contract among them- selves 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 and in the vicinity of the boundaries of the District and the City has resulted in a demand for immediate and substantial expansion of the treatment capacity of the District and the sanitary sewer collection system for sanitary waste; and WHEREAS, the District is without sufficient available revenue to adequately meet the demand for expansion of the sanitary sewer collection system; 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 collec- tion system to collect sewage and transport said sewage to the District's plants through sewer pipes of substantial diameter commonly referred to as interceptor sewers; 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 were owned, maintained and operated by the City of Elgin. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the District and the City agree as follows: I I. Except as otherwise provided herein, the District shall convey and transfer by appropriate instrument to City all rights in the collection system including easements, licenses and the sanitary sewer collection system, including interceptor sewer lines and extensions thereto located outside of the District's several treatment plants, except the following: (a) That interceptor sewer line extending northward from the North Plant serving West Dundee. (b) Those interceptor sewer lines extending generally southward from the Main Plant serving South Elgin. (c) That portion of the Bowes Road interceptor sewer line and appurtenances downstream from McLean Boulevard, hereinafter referred to as BRIS I. 2. Upon the transfer of the District's rights including easements, licenses and the sanitary sewer collection system with the exceptions described above from the District to the City, the City shall assume ownership thereof and shall maintain the some as City property and thereafter City shall have the authority to cause necessary extensions, replacements or paralleling of easements, licenses and lines to be made as it may determine necessary to serve future needs of the City and the District, provided, however, that these units of local government will cooperate in such expansion so that the District can maintain and enlarge its treatment capabilities and service any such expansion. The District shall retain the joint right to use the said easements and licenses from and after the date hereof. 3. The City shall cause the construction of future extensions and replace- ment interceptor sewer lines which shall generally be in accordance with a development plan to be adopted by the parties, and whenever necessary to allow the District the use of easements and licenses hereby granted or hereinafter acquired. However no construc- tion shall be delayed because the parties have not yet formulated an agreed development plan. Prior to the adoption of a development plan by the parties, City may proceed with construction of sewers at its own risk. 2 Each party shall, as soon as practicable, notify the other, in writing, of any determination that improvements or new facilities are required for either the sanitary sewer collection system or treatment system, or both. 4. The City shall permit connection to its sewer system, if requested by the District, as a result of annexation of new territory to the District, subject to such condi- tions and costs as may be determined by the City; connection shall be permitted in service areas lying within incorporated cities and villages, but City shall not be required to provide service to any area which is not within the corporate boundaries of any city or village as of the date of this agreement, it being the City's intent not to provide service to another city or village for an area which the City may desire to annex. The City agrees to cooperate in the requests for facility planning area amendments which may be required as a result of such circumstances. 5. The District shall own, maintain and operate the following lift stations which are presently a part of the collection system: Number Location 31 Lower Wellington Avenue 32 National Street 33 Dundee Avenue 34 Abbott Drive 36 Lyle Street 37 Gale Street (The City's Gifford Road station will be maintained by the District with all costs reimbursed by the City). The balance of the lift stations, together with any lift stations subsequently added to the collection system shall be owned, maintained and operated by the City. Any lift stations hereinafter constructed and connected to the collection system shall be designed and built in accordance with District standards, including sufficient standby electrical power which shall be capable of operating the lift station independently, in the event of a power failure. "Minimum District Standards" shall be defined as then current IEPA standards. 3 6. The District shall amend its schedule of annexation and connection fees so as to produce sufficient revenues to allow and provide for construction of additional treatment plant capacity. 7. The City shall establish a schedule of fees and charges necessary to provide for the extension, expansion and maintenance of the collection system provided, however, that this provision shall not prohibit the City from entering into preannexation agreements whereby the City deems special contractual relationships to be beneficial both to the overall system of the City and the District and to promote orderly growth of the City and District. 8. The District agrees to consent in writing and otherwise cooperate in effecting any amendment to its facility planning area required to situate territory newly annexed to the city in the District's facility planning area. The City shall act as peti- tioner in such proceedings to amend or change the facility planning area. 9. The City shall reasonably minimize inflow and infiltration in the installa- tion of sewers and shall continue its existing program of replacement or repair of existing sewers so as to minimize inflow and infiltration. The City and the District shall review all plans and specifications therefore, and the District shall have the reasonable right to specify materials to be used. 10. The diversion structures along the Fox River which are connected to the combined sewer system shall remain the property of the District and the responsibility for NPDES permits shall continue to be the responsibility of the District. The City shall retain ownership of the combined sewers including the pipe which discharges directly into the Fox River from the diversion structures. II. In addition to this Agreement and anything herein contained to the contrary notwithstanding, the City and the District may enter into further intergovern- mental agreements to cover specific projects wherein the details thereof may best be covered by separate agreement. In addition to this agreement the City and the District may undertake any joint projects covered by an appropriate intergovernmental agree- 4 ment whereby the total project costs (planning, design, construction, inspection, administrative, legal and easement costs) are divided in accordance with the terms and conditions of such project agreement. 12. The City shall not assume any obligations of the District under the District's outstanding reimbursement agreements with third parties, and the District shall be solely responsible for any such obligations. 13. The District shall be allowed free access to sewers, manholes and structures owned by the City. The City shall be allowed free access to District sewer structures for its sewer purposes. 14. The City and the District shall pass such necessary ordinances or resolu- tions as are required to effect the terms of this agreement and as may be necessary to comply with state and federal laws and regulations. 15. The City agrees that it will pay all costs (planning, design, construction, inspection, administrative, legal and easement costs) to cause the construction of all sanitary sewer collection system improvements needed to provide service to all properties annexed to or served contractually by the City. 16. The City agrees that it will pay its share for oversizing the Bowes Road Interceptor BRIS II (McLean Boulevard to Randall Road, e.g. 36" basic to 66" actual). Such costs shall include planning, design, construction, inspection, administrative, legal and easement costs. The District shall own BRIS I and the City shall own BRIS II; upon payment to City of Elgin by South Elgin of its proportionate share of costs incurred, South Elgin may use BRIS II. 17. The City shall be responsible for all costs of the interceptor from McLean Boulevard to the District West Plant (BRIS I parallel) that will provide capacity for the 66" interceptor not presently available for the existing 27" interceptor that runs from McLean Boulevard to the West Plant BRIS I. 18. Subject to the approval of state and federal agencies which have funded its purchase, the City agrees that it will transfer without cost to the District, ownership 5 of certain properties that it owns or may acquire adjacent to the District's North Plant (See Exhibit A) so that the North Plant treatment capacity can be increased to treat the sewage generated by the annexations of property to the City and the District. 19. The City agrees to cooperate and assist the District in so designing and locating additional treatment facilities upon such property as City may convey, as provided in the preceding paragraph, so that District's proposed use meets the standards for reclassification, if necessary, or special use approval, if necessary, under City's zoning ordinance. 20. The City agrees that all properties annexing to the City shall be required to annex to the District at the time they annex to the City and the District agrees that all properties annexing to the District shall be required to annex to the City or Village of South Elgin at the time they annex to the District, except those areas as may be served by the District as described in paragraph 4. 21. All sanitary sewer construction shall be provided with full time resident inspection by an inspector approved by the District; such approval shall not be unreason- ably withheld. 22. As built drawings of all sanitary sewer work shall be delivered to the District thirty (30) days after the sewer is accepted by the City. District shall permit copies of all such as built drawings of the existing collection system as it may possess to be examined by City. 23. All sanitary sewers will be required to pass Qx�C.._pressure air test or 5. , 4 sa)5. r� , such other test as may be required by �G. / - /0 24. All properties which are annexed to the City or are served contractually by the City shall be required to install storm sewers and all new structures shall be required to be equipped with sumps and sump pumps which may not be connected to the sanitary sewer cvloAze-ex 'X. COxm/'Ie� Az_e_ri 25. All contract u shall be re i to "install a sampling manhole, an approved sampler and an approved flow measuring device on the sewer serving their 6 properties to monitor and measure all flows discharged to the District for treatment. The District shall bill the City for sewage treatment extended to contract users of the City. Flow measuring devices shall be calibrated at least once every six months. 26. The City shall continue to own and operate the combined sewer system and the City and the District shall seek to eliminate existing combined sewers, whenever practicable. 27. The Village of West Dundee shall not be allowed to connect to the North- west Interceptor sewer system wtihout approval of the parties. 28. The District shall be reimbursed by the City of Elgin for the funds the District expended in regard to the construction of Phase II of the Northwest Interceptor sewer, in the sum of $658,887, with payments made at the rate of fifty percent (50%) of City development contributions actually received for the Northwest Interceptor. Date: September j2.. 1990 SANITARY DISTRICT OF ELGIN, a municipal corporation President, Board of Tru tees Attest: '�2� C -%Z� C oard of Trustees CITY OF EL IN, a municipal corporation By Mayor i Attest: City Clerk 7 FLOOD 1,\ > �v IN-�' 1 Vi, TA- `2 �I I c I I I pVE I Q CITY owtaD Kope ry