96-10 Resolution No. 96-10
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 Kevin Kelly, 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 for the transfer
of a sewer main to serve Elgin Estates, a copy of which is
attached hereto and made a part hereof by reference.
s/ John Walters
John Walters, Mayor Pro Tem
Presented: January 24, 1996
Adopted: January 24, 1996
Omnibus Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this _ day
of 1996, 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, Illinois, a municipal
corporation, (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
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; 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 within the
Glens of College Green Subdivision beginning at the south line
of Lot 851 and extending south to Bowes Road and Bowes Road
east to Hobart Drive, 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 . That the City shall convey and transfer by
appropriate instrument to the District all rights in the
sanitary sewer line lying south of Lot 851 in the Glens of
College Green Subdivision extending south to Bowes Road and
sewer line running parallel to Bowes Road to Hobart Drive
including all easements and licenses .
3 . That upon transfer of the City' s rights
including easements and licenses in the sanitary sewer
extending as described above 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 .
2
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 �, t. /L j�ZCt By
President, B and of Trust es Mayor
Attest: Attest:
f},po._ , Clerk, Board of Tru s City Clerk
e
3
q enda Item No .
January 5, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Transfer of Sewer Main to FRWRD
Serving Elgin Estates Subdivision
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into an Agreement with Fox River Water Reclamation
District (FRWRD) for the transfer of a sewer main serving
Elgin Estates .
BACKGROUND
City of Elgin and Fox River Water Reclamation District
(FRWRD) staff have been pursuing the elimination of the
system which extends from Elgin Estates
sanitary sewer
Subdivision (unincorporated)C tizensaU P 1 ti
Company of t
plant on Randall Road.
recently purchased the utilities serving Elgin Estates and
they agree that Elgin Estates would be better served by
having their sewage treated by
The City and FRWRD mutually agreed that as the sewer main
will provide service to both the City of Elgin and the Elgin
Estates - Subdivision, the ownership, operations and
maintenance of the sewer main should be the responsibility of
by
FRWRD. An Intergove enmexecut d Agreement by FRWRD s abeen
comp f fishing d the
the City and will b
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
of Elgin
Citizens Utility has agreed to p y
$16 ,438 . 38 in development impact
tefees after this transfer of
the sewer main to FRWRD is
Transfer of Sewer Main to FRWRD
January 5, 1996
AW Page 2
E
LEGAL IMPACT
None.
RECOMMENDATION
To approve the Intergovernmental Agreement and to authorize
the Mayor to execute the Agreement.
Respectfully submitted,
P all,
James L. Kristiansen
Public Works Director
Richard B. Helwig
City Manager
JE/do
Attachment
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CITIZEN UTILITY
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this day
Of , 1996 , 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, Illinois, a municipal
corporation, (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
istrict and the City are also units of
WHEREAS, the D
local government within the meaning of Section 10
of
and
Article VII of the Constitution of the State of Illinois; d to
WHEREAS, the District and the City are authorize
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
?00'' pipes ; and
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; 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 within the
Glens of College Green Subdivision beginning at the south line
of Lot 851 and extending south to Bowes Road and Bowes Road
east to Hobart, 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:
foregoing recitals are hereby
1. That the
incorporated into this agreement in their entirety.
2 . That the City shall convey and transfer by
appropriate instrument to the District all rights in the
sanitary sewer line lying south of Lot 851 in the Glens of
College Green Subdivision extending to the District' s sanitary
sewer line running parallel to Bowes Road including all
easements and licenses .
3 . That upon transfer of the City' s rights
including easements and licenses in the sanitary sewer
extending as described above 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
corporation
DISTRICT, a municipal
corporation
By
BY Ma or
President, Board of Trustees Y
Attest:
Attest:
Clerk, Board of Trustees
City Clerk