98-261 ,
JULY, 2007
IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 98-261
PASSED: OCTOBER 28, 1998
SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL
RESOURCES FOR ACCESS TO THE KIMBALL STREET DAM FOR
PHASE I AND II REPAIRS
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Resolution No. 98-262
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE
RIGHT OF ENTRY TO THE KIMBALL STREET DAM
TO ALLEVIATE DAM BREACH DAMAGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with the
Illinois Department of Natural Resources for the right of entry
to the Kimball Street Dam to alleviate dam breach damage, a
copy of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 28, 1998
Adopted: October 28, 1998
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
Resolution No. 98-263
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE
PLANS AND SPECIFICATIONS FOR PHASE I AND PHASE II REPAIRS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an agreement on behalf of the City of Elgin with the
Illinois Department of Natural Resources for the as-built plans
and specifications for Phase I and Phase II Repair and
Rehabilitation of Kimball Street Dam, a copy of which is
attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 28, 1998
Adopted: October 28, 1998
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
o § —City of Elgin Agenda Item No. FA
�, -., , ,,iii,
October 6, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Kimball Street Dam Right of
Access/Entry Agreements
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
executing a Right of Access/Entry Agreement with the Illinois
Department of Natural Resources (IDNR) .
BACKGROUND
In order to complete repairs to the Kimball Street Dam as
identified in the dam condition study conducted by Collins
Engineers, the City must obtain a permit from the IDNR.
Included with the permitting process is the requirement that
the City enter into an agreement with the IDNR allowing them
certain access/entry rights.
There are three agreements that need to be executed by the
City. The agreements grant the IDNR right of access to the dam
during Phase I and Phase II repairs and for the life of the
dam, to prevent or alleviate dam breach damage and compensate
the State for costs reasonably incurred by such emergency
action and to provide as-built plans for the Phase I and Phase
II repairs of the dam.
A copy of the agreements are attached as Exhibit A.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
RillFINANCIAL IMPACT
None.
100/LEGAL IMPACT
rk None .
•
Kimball Street Dam Agreements
October 6, 1998
Page 2
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the City Council approve the access/
entry agreements and authorize the City Manager to execute the
agreements .
Respectfully submitte ,
L__7( 62 '
JQe Al Parker
City Manager
SP/do
Attachment
r
r
EXHIBIT A
Access/Entry Agreements
SECTION 7
AGREEMENT
This AGREEMENT, entered into this day of
, 199 , by the City of Elgin, Elgin, Illinois,
hereinafter called the Owner, Party of the First Part, and the Illinois Department of Natural
Resources, Springfield, Illinois, hereinafter called the State, Party of the Second Part,
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE 1. The City of Elgin, Owner of the Kimball Street Dam, agrees to provide the
State right of access to the Kimball Street Dam and to the immediate vicinity adjacent to the
dam before, during, and after Phase I and Phase II Repair and Rehabilitation of Kimball
Street Dam. Access shall be gained from the East Bank, and limited to 100 feet upstream
and downstream of the dam, and the dam itself. Access from the West Bank shall be
coordinated with the Milwaukee District/Union Pacific Railroad. Furthermore, the City of
Elgin agrees to provide the State right of access to the dam and immediate vicinity adjacent
to the dam for the life of the dam.
IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year
first above written.
ATTEST: CITY OF ELGIN
By:
ATTEST: ILLINOIS DEPARTMENT OF NATURAL RESOURCES
By:
AGREEMENT
This AGREEMENT, entered into this day day of
, 199 , by the City of Elgin, Elgin, Illinois,
hereinafter called the Owner, Party of the First Part, and the Illinois Department of Natural
Resources, Springfield, Illinois, hereinafter called the State, Party of the Second Part,
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE 1. The City of Elgin, Owner of the Kimball Street Dam, agrees to allow the
State right of entry to the Kimball Street Dam property, if necessary, to prevent or alleviate
dam breach damage. Access shall be gained from the East Bank, and limited to 100 feet
upstream and downstream of the dam, and the dam itself. Access from the West Bank shall
be coordinated with the Milwaukee District/Union Pacific Railroad. Furthermore, the City
of Elgin agrees to compensate the State for costs reasonably incurred by such emergency
action.
IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year
first above written.
ATTEST: CITY OF ELGIN
By:
ATTEST: ILLINOIS DEPARTMENT OF NATURAL RESOURCES
By:
AGREEMENT
This AGREEMENT, entered into this day of
, 199 , by the City of Elgin, Elgin, Illinois,
hereinafter called the Owner, Party of the First Part, and the Illinois Department of Natural
Resources, Springfield, Illinois, hereinafter called the State, Party of the Second Part,
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE 1. The City of Elgin, Owner of the Kimball Street Dam, agrees to provide the
State as-built plans and specifications for Phase I and Phase II Repair and Rehabilitation of
Kimball Street Dam, City of Elgin, Illinois withing 90 days of completion of construction.
IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year
'` first above written.
ATTEST: CITY OF ELGIN
By:
ATTEST: ILLINOIS DEPARTMENT OF NATURAL RESOURCES
By: