95-73 Resolution No. 95-73
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE FOX RIVER WATER RECLAMATION DISTRICT '
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 Fox River Water Reclamation District to
permit a reciprocal agreement to waive fee requirements for
permits, inspections, or connection of utility services
otherwise due from any public work of the other, a copy of
which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
- George VanDeVoorde, Mayor
Presented: March 22, 1995
Adopted: March 22, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
INTERGOVERNMENTAL AGREEMENT
WHEREAS, 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, 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, 5 ILCS 220/1 et seq; 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, 1970; 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, rapid actual and anticipated growth within
the boundaries of the District and the City has resulted in
public works projects of the District and the City which
require permits, inspections, utility services and other forms
of regulation from the other; and
WHEREAS, applicable fees for such permits,
inspections, and authorized utility services are paid by
District and City to each other from revenue derived by
taxation from largely the same tax base; and
WHEREAS, it is in the best interest of District and
City that fees payable to each other be waived to reduce the
cost of public projects and reduce the use of revenue derived
from taxation.
NOW, THEREFORE, in consideration of the mutual
promises and covenants contained herein, the District and the
City agree that neither shall collect from the other any fee
for a permit, inspection, or connection of utility services
otherwise due from any public works of the other.
IT IS FURTHER AGREED that the term of this agreement
shall be for a period of five years and that it shall be
renewable upon mutual agreement of the parties .
Dated: 1yX&6,e,6 A-7 1995
FOX RIVER WATER RECLAMATION
DISTRICT, a municipal corporation
Y
President, Board f Trust s
Attest:
A44 Clerk, Board of Ttdstees
CITY OF ELGIN, a municipal
corporation
By
Mayor I
Attest:
City Clerk
• w
El in
Agenda Item No .
March 2, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Intergovernmental Agreement with FRWRD
PURPOSE
The purpose of this memorandum is to present to the City
Council a proposed intergovernmental agreement with the Fox
River Water Reclamation District.
BACKGROUND
The FRWRD facility located on the west side of the Fox River
east of Route 31 on Dana Drive is currently served by the
Elgin Mental Health Center Water System. The State of Illi-
nois is requiring that FRWRD disconnect from their water
system. FRWRD can connect to the City of Elgin water line
that runs along Route 31. If the rates adopted on January
12, 1994 for water meter and water services were applied,
FRWRD would pay an estimated fee of $19 ,239 to the City of
Elgin.
On January 9, 1995, the Board of Trustees of FRWRD adopted an
ordinance that requires public buildings to pay connection
fees unless certain criteria are met. The FRWRD ordinance
allows for the waiver of fees if a reciprocal agreement ex-
ists with a governmental agency with respect to the waiver or
reduction of fees, assessment, or other charges by a govern-
mental applicant. Connection fees payable to FRWRD for the
Law Enforcement Facility are estimated to be $68,400 .
The proposed Intergovernmental Agreement permits FRWRD and
the City to agree that neither shall collect from the other
any fee for permits, inspections, or connection of utility
services otherwise due from any public work of the other.
FINANCIAL IMPACT
Based on these two projects and payments, the City would not
be required to pay the $68,400 connection fee to FRWRD for
the police facility. Alternatively, the City would not re-
Mayor and Members of the City Council
March 2, 1995
Page 2
ceive $19,239 for the connection of the Dana Drive property
to the City water service. All future connections fees or
receipts would be eliminated from both parties .
NEIGHBORHOOD/COMMUNITY GROUPS CONTACTED
None.
LEGAL IMPACT
The Agreement is for five years at FRWRD' s request. By ordi-
nance FRWRD as a unit of local government is exempt from
permit fees but not inspection or connection fees . Dana
Drive is a connection fee.
RECOMMENDATION
It is recommended that the Mayor be authorized to enter into
an Intergovernmental Agreement with the Fox River Water Recla-
mation District.
Respectfully submitted,
74�
Raymond H. Moller
Director of Business Services
and Properties
Richard B. Helwi.g
City Manager
RHM/sg
Attachment