94-213 Resolution No. 94-215
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT
(FRWRD)
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 Fox River Water Reclamation District (FRWRD) for
transfer of a sewer main, a copy of which is attached hereto
and made a part hereof by reference.
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 10, 1994
Adopted: August 10, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
J
INTERGOVERNMENTAL AGREEMENT
Gt
THIS AGREEMENT entered into this day of �.
1994, by and between 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 of Kane and Cook Counties,
Illinois, a home rule unit, within the meaning of the
Constitution of the State of Illinois (hereinafter referred to
as the "City") .
WITNESSETH:
WHEREAS, the District and the City are public
agencies within the meaning of the Intergovernmental
Cooperation Act; and
WHEREAS, the District and the 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 themselves to obtain or share services, or
exercise, combine or transfer any power or function, in any
manner not prohibited by law; 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 collection system to collect sewage and
transport said sewage to the District plants through sewer
pipes; and
J ,
WHEREAS, pursuant to the previous intergovernmental
agreement entered into between the parties in September of
1990, the District conveyed to the City certain portions of
its sanitary sewer collection system including a certain
interceptor sewer line lying between Church Road and the
District' s north waste water treatment plant; and
WHEREAS, the City Council of the City of Elgin has
authorized a sanitary sewer interconnection with the Village
of West Dundee based upon commitments by the District to
provide sanitary sewer service to a parcel of land in West
Dundee north of Church Road and based upon the District's
agreement to accept the return of ownership and maintenance
responsibilities for the interceptor sewer line from Church
Road to the District's north waste water treatment plant which
will convey the sewage from the interconnection with the
Village of West Dundee; 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 lying north of
Church Road extending to the District's north waste water
treatment plant were owned, maintained and operated by the
District.
NOW, THEREFORE, in consideration of the mutual
promises and covenants contained herein, the District and the
City agree as follows :
1 . That the foregoing recitals are hereby
incorporated into this agreement in their entirety.
2
2 . That the City shall convey and transfer by
appropriate instrument to the District all rights in the
interceptor sewer line lying north of Church Road extending to
the District's north waste water treatment plant including all
easements and licenses .
3. That upon transfer of the City's rights
including easements and licenses in the interceptor sewer
extending from Church Road to the District's north waste water
treatment plant the District shall assume ownership thereof
and shall maintain and operate same as District property. The
City shall retain the joint right to use the said easements
and licenses from and after the date hereof.
THE PARTIES have executed this agreement on the date
first written above.
FOX RIVER WATER RECLAMATION CITY OF ELGIN, a municipal
DISTRICT, a municipal corporation
corporation
By By L
resident, Boar f Trus ees Mayor
Attest: Attest:
erk, Board of Trustees City Clerk ��
3
•
11�
Agenda Item No .
Will
July 20, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Transfer of Sewer Main to FRWRD
Serving West Dundee
PURPOSE
To provide the Mayor and City Council with information to
consider an Agreement with Fox River Water Reclamation Dis-
trict (FRWRD) for the transfer of a sewer main.
BACKGROUND
On March 23, 1994, Mr. Albin D. Pagorski, General Manager of
FRWRD, appeared before the City Council, requesting the exten-
sion of the subject sanitary sewer to serve the Village of
West Dundee.
The City and FRWRD mutually agreed that as the sewer main
will provide service to both the City of Elgin and the Vil-
lage of West Dundee, the ownership, operations and mainte-
nance of the sewer main should be the responsibility of
FRWRD. An Intergovernmental Agreement has been prepared by
the City and executed by FRWRD accomplishing the transfer.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Fox River Water Reclamation District.
FINANCIAL IMPACT
With the transfer to FRWRD, the City of Elgin will be spared
all costs associated with the maintenance and repairs .
LEGAL IMPACT
None.
Transfer of Sewer Main to FRWRD
July 20, 1994
Page 2
RECOMMENDATION
To approve the Intergovernmental Agreement and to authorized
the Mayor to execute the Agreement
espectfull u it ed,
/ James L. Kristiansen
IJ Public Works Director
Respectfully submitted,
1�_ I
Richard B. Helwig
City Manager
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