95-125Resolution No. 95 -125
RESOLUTION
AUTHORIZING EXECUTION OF A 1995 MODIFICATION TO THE
AMENDED CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE
VILLAGE OF SLEEPY HOLLOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a 1995 Modification to the Amended Contract for
Sale of Water by the City of Elgin to the Village of Sleepy
Hollow on behalf of the City of Elgin with the Village of
Sleepy Hollow, a copy of which is attached hereto and made a
part hereof by reference.
sl Kevin Kelly
Kevin Kelly, Mayor
Presented: June 14, 1995
Adopted: June 14, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
1995 MODIFICATION TO THE AMENDED CONTRACT FOR
SALE OF WATER BY THE CITY OF ELGIN TO
THE VILLAGE OF SLEEPY HOLLOW
This 1995 agreement amendment is made and entered into this
lst day of May , 1995, by and between the City of
Elgin (hereinafter called "Elgin"), an Illinois Municipal Corpora-
tion, and the Village of Sleepy Hollow (hereinafter called "Sleepy
Hollow "), an Illinois Municipal Corporation,
P R E A M B L E
WHEREAS, Elgin and Sleepy Hollow have entered into an Amended
Contract for the sale of water by Elgin to Sleepy Hollow dated
February 16, 1993; and
WHEREAS, Sleepy Hollow has submitted to Elgin for review and
approval design plans and full specifications for the 1995 Sleepy
Hollow Watermain Extension Project running along Sleepy Hollow
and Boncosky Roads, which Elgin has approved subject to the terms
of this 1995 Modification to the Amended Contract; and
WHEREAS, Elgin and Sleepy Hollow desire to enter into this
1995 Modification to clarify and memorialize each parties' obli-
gations and responsibilities.
NOW, THEREFORE, in consideration of the mutual promises and
contained herein, Elgin and Sleepy Hollow hereby agree as follows:
A. The terms of the Preamble of this Agreement are incor-
porated into this Paragraph A as if fully restated herein.
B. That the portion of Paragraph 3(d) of the 1993 Amended
Contract which reads:
Any improvements constructed by Sleepy Hollow for the
water system located within the corporate limits of
the City of Elgin shall be conveyed by Sleepy Hollow
to Elgin including necessary easements.
shall be modified to read:
Any improvements constructed by Sleepy Hollow for the
water system located within the corporate limits of
the City of Elgin, including improvements for the 1995
Sleepy Hollow Watermain Extension Project, shall, be
conveyed from Sleepy Hollow to Elgin within 90 days
of the completion of such construction; provided, how-
ever, that such improvements, easements or other in-
terests in any real property necessary to install, main-
tain, repair or replace such improvements shall. con-
tinue to be maintained, repaired and replaced by Sleepy
Hollow at Sleepy Hollow's sole expense.
C. That all remaining provisions of the 1993 Amended Con-
tract shall remain in effect as written prior to this 1995 Modi-
fication.
IN WITNESS WHEREOF, the parties hereto acting under the au-
thority granted by their respective governing bodies have caused
this 1995 Modification to the Amended Contract to be duly executed
in several counterparts, each of which shall constitute an ori-
ginal, all as of the date and year first above written.
CITY OF ELGIN, an Illinois municipal
corporation a
BY
City Manager
Attest:
1
City Clerk
VILLAGE OF SLEEPY HOLLOW, an Illi-
nois municipal corporation
BY
Attest: J Village President
)cat 1,!71 '
Village Clerk
-2-
MIT
May 16, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Modification to Sale of Water Contract
with the Village of Sleepy Hollow
PURPOSE
This memorandum will provide the Mayor and members of the
City Council with information to consider in modifying the
amended contract for sale of water by Elgin to Sleepy Hollow
dated February 16, 1993.
The subject contract provides for a second water service line
to the Village of Sleepy Hollow at North McLean Boulevard and
Sleepy Hollow Road. The modification here requested and
previously agreed to by the Village of Sleepy Hollow (see the
attached letter dated May 2, 1995, from William J. Payne,
attorney for Sleepy Hollow) pertains to only one paragraph in
the document. Briefly, this paragraph provides that the
Village of Sleepy Hollow will maintain and repair any improve-
ments constructed by the Village that are located within the
City of Elgin's right -of -way within McLean Boulevard.
COMMUNITY GROUPS /INTERESTED PERSONS CONTACTED
The Village of Sleepy Hollow and its legal representation.
FINANCIAL IMPACT
There is no financial impact to the City of Elgin from this
contract modification.
None.
Sale of Water to Sleepy Hollow
May 16, 1995
Page 2
RECOMMENDATION
It is recommended that the members of the City Council ap-
prove this contract modification and direct staff to proceed
with the necessary resolution to this effect.
1
Respectfully �submittt d,
RBH:JLK:jm
Attachment
James L. Kristiansen
Public Works Director
Richard B. Helwig
City Manager
SAMELSON, KNICKERBOCKER & PAYNE
ATTORNEYS AT LAW
'NORMAN E. S.MiEISON 575 ij STREET, UPPER LEVEL
GEORGE B. KNICK17RDOCKER ` DESPLAINES, ILIJN015600]6
MLLIAN J. PAYNE TELEPHONE (708) 8275] 17
FAX (708) 827 -00751
May 2, 1995 —
Mr, Larry E. Deibert, Director of Water Operations
City of Elgin (11'. !.f IN
150 Dexter Court l4JA i Li, i�'A , ,r; I JEN1
Elgin, IL 60120 -5555
RE: City of Elgin /Village of Sleepy Hollow 1995 Modifica-
tion to Water Contract
Dear Mr. Deibert:
Thank you for your cooperation and follow up concerning the
above matter, and your correspondence to me of April 26, 1995 re-
garding the 1995 Modification to the Water Agreement.
I have reviewed your letter and your revised language in the
1995 Modification with Village Trustee Dan Johnson, and he has
indicated that it is acceptable. Also, the deletion of any change
to Paragraph 4, Measuring Equipment, is also acceptable.
Therefore, I have enclosed three (3) copies of the 1995 Modi-
fication that have been dated May 1, 1995 and executed by the Vil-
lage President and Village Clerk on behalf of Sleepy Hollow. This
action is taken pursuant to the previously adopted Sleepy Hollow
Resolution No. 230 which was approved at the February 20, 1995
Sleepy Hollow Village Board meeting, and sent to you by Norine
Olson on February 22, 1995.
Note, I did discuss this with Assistant Corporation Counsel
Michael Gehrman, and he found this procedure to be acceptable.
Kindly see that one fully executed original is returned to
the Village Clerk along with any Ordinance or Resolution prepared
by the City of Elgin, and that a photocopy is sent to my attention
for my file.
Again, your cooperation with this matter is greatly appre-
ciated.
Very truly yours,
SAMELSON, KN ine ERBOCKER & PAYNE
WiYTiam P
WJP:clt
Encl.
cc: Mr. Dan Johnson, Sleepy Hollow Trustee
Ms Norine Olson, Sleepy Hollow Village Clerk