10-111 Resolution No. 10-111
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT FOR INTERCEPTOR SEWER ACCESS
WITH THE VILLAGE OF SOUTH ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Ed Schock,Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to
execute a Second Amendment to the Intergovernmental Agreement For Interceptor Sewer Access on
behalf of the City of Elgin with the Village of South Elgin, a copy of which is attached hereto and
made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 9, 2010
Adopted: June 9, 2010
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR INTERCEPTOR SEWER ACCESS
THIS SECOND AMENDMENT AGREEMENT is made and entered into as of May 1,
2010, by and between the CITY OF ELGIN, a municipal corporation organized and existing
under the constitution and statutes of the State of Illinois (hereinafter referred to as the "City of
Elgin"), and the VILLAGE OF SOUTH ELGIN, a municipal corporation organized and existing
under the constitution and statutes of the State of Illinois (hereinafter referred to as "South
Elgin").
WITNESSETH
WHEREAS, the City of Elgin and South Elgin entered into an Intergovernmental
Agreement dated December 2, 1998, (hereinafter referred to as the "Subject Intergovernmental
Agreement"); and
WHEREAS, the Subject Intergovernmental Agreement includes provisions allowing
properties in the South Elgin South West Sanitary Sewer Area ("SWSSA") to connect to and use
the City of Elgin's BRIS II and BRIS IB sanitary sewer interceptor lines, with SWSSA being
depicted on a map attached to the Subject Intergovernmental Agreement (the "SWSSA Map");
and
WHEREAS, the City of Elgin and South Elgin entered into an Amendment to
Intergovernmental Agreement dated March 28, 2001, (hereinafter referred to as the "First
Amendment Agreement") that, inter alia, amended the SWSSA Map to add additional properties;
and
WHEREAS, the City of Elgin and South Elgin have determined that it is necessary and
desirable to enter into this Second Amendment Agreement in order to amend and add more
properties to the SWSSA Map.
1
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
set forth in the Subject Intergovernmental Agreement and the First Amendment Agreement, the
City of Elgin and South Elgin agree as follows:
1. The SWSSA Map is hereby amended and restated as set forth in Exhibit A to this
Second Amendment Agreement. For purposes of clarification, this amendment of the SWSSA
Map consists of adding thereto Parcels V and W, commonly known as, respectively, the
Lutheran Association/Gabriel Properties (34 acres) and the St. Patrick School Property (11
Acres). Notwithstanding anything to the contrary provided in the Subject Intergovernmental
Agreement and the First Amendment Agreement, the City of Elgin's obligation to authorize
connection to and service through the BRIS II and/or BRIS IB sanitary sewer interceptor lines
for Parcels V and W, including signing sewer connection permits therefore, is contingent upon
Parcels V and W being developed for religious institution, schools or residential uses only.
2. In the event of a conflict between the terms of this Second Amendment
Agreement and the terms of the Subject Intergovernmental Agreement or the First Amendment
Agreement, the terms of this Second Amendment Agreement shall prevail.
3. Except as amended by this Second Amendment Agreement, terms of the Subject
Intergovernmental Agreement and the First Amendment Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Second
Amendment Agreement as of the date and year first written above.
VILLAGE OF SOUTH ELIGN CITY OF ELIGN
By: CYG� By• Z...214111111,../
President Mayor
Attest: ttest: Q�
G'1.k." t.CJ�.{.�6L'YU
Village Cl k City Clerk
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LEGEND
1 U B.CAVITY FARM(41 ACRES)
V E.HAYES/SHANAHAN PROPERTY(69 ACRES)
G.JEWEL/OSCO SHOPPING CENTER(22 ACRES)
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p I.PASQUINELLI/GYORR PROPERTY(82 ACRES)
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K.TECZA/BP PROPERTY(7 ACRES)
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N.UMDENSTOCK PROPERTY(15 ACRES)
V 0.FOX RIVER STONE/LAFARGE PROPERTY(176 ACRES)
P.TECZA PROPERTY(10 ACRES)
Q.PEDDY/BEST BUY PROPERTY(15 ACRES)
R,CALHOUN PROPERTY(65 ACRES)
BOLO VM 130AD S.McDONALD ROAD GOLF CENTER(16 ACRES)
T.CRIBBE/STERLING ESTATES SUBDIVISION(35 ACRES)
U.STANITZ/TU/DISTRICT 303 PROPERTIES(123 ACRES)
V.LUTHERAN ASSOCIATION/GABRIEL PROPERTIES(34 ACRES)
1 W.ST.PATRICK SCHOOL PROPERTY(11 ACRES)
RHMG REZEK,HENRY,MEISENHEI ER,ANDGENDE,LTD- SOUTH WEST SANITARY SEWER AREA MAP
975 CAMPUS DRIVE 535 TOLLWAY RD.SUITE F EXHIBIT A FOR SECOND AMENDMENT TO 1998 IGA
ow MUNDELEIN,ILLINOIS 90090 ELGIN,ILLINOIS 90129
847J62-5959 847-742-5959 DATE: MAY I,2010 PROJ•: 21011013
Miler C�Fr21011010 S.SMpmNJ101i013
VILLAGE OF SOUTH ELGIN
ORDINANCE NO. 2010- 3J�
AN ORDINANCE AUTHORIZING THE EXECUTION OF
A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF ELGIN
(SEWER LINE BOWES INTERCEPTOR-BRIS I)
ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY ILLINOIS
THIS ,Q15-k DAY OF u rye- , 2010
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD
OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN,KANE COUNTY,ILLINOIS
AS PROVIDED BY LAW THIS a►$`DAY OF J u , 2010
ORDINANCE NO. 2010- 3S
AN ORDINANCE AUTHORIZING THE EXECUTION OF
A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF ELGIN
(SEWER LINE BOWES INTERCEPTOR—BRIS I)
WHEREAS, The Village of South Elgin, County of Kane, State of Illinois has the
authority to adopt ordinances and to promulgate rules and regulations that pertain to its
government and affairs to protect the public health, safety and welfare of its citizens; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that
units of local government may contract or otherwise associate among themselves to obtain or
share services and to exercise, combine or transfer any power or function in any manner not
prohibited by law or by ordinance and may use their credit, revenues and other resources to pay
costs related to intergovernmental activities; and
WHEREAS,the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further
authorizes intergovernmental cooperation.
WHEREAS,the Village and the City of Elgin entered into an Intergovernmental
Agreement dated December 2, 1998 (hereinafter the"Subject Intergovernmental Agreement")
concerning interceptor sewer access in order to promote the orderly development of land within
their respective municipal boundaries; and
WHEREAS,the Village and the City of Elgin desire to further amend the Subject
Intergovernmental Agreement to expand the area to which it applies in order to further the intents
and purposes of the Subject Intergovernmental Agreement; and
WHEREAS, the parties have negotiated a Second Amendment to the Subject
Intergovernmental Agreement in the form attached hereto as Exhibit 1 ("Second Amendment");
and
WHEREAS, the Board of Trustees of the Village of South Elgin finds that it is in the best
interest of the Village to enter into the Second Amendment attached hereto and incorporated
herein as Exhibit 1.
NOW, THEREFORE,BE IT ORDAINED BY THE VILLAGE OF SOUTH
ELGIN, COUNTY OF KANE, STATE OF ILLINOIS,AS FOLLOWS:
SECTION ONE: The facts and statements contained in the preambles to this Ordinance
are found to be true and correct and are hereby adopted as part of this Ordinance.
SECTION TWO: The Village President and Village Clerk are hereby authorized and
directed to execute the Second Amendment to the Subject Intergovernmental Agreement with the
City of Elgin in the form as is attached hereto as Exhibit 1.
SECTION THREE: This Ordinance shall be in effect immediately from and after its
passage and approval.
SECTION FOUR: All prior Resolutions and Ordinances in conflict or inconsistent
herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.
APPROVED and ADOPTED by the Village President and Board of Trustees of the
Village of South Elgin this Q.( day of 2010 pursuant to roll call
vote as follows:
AYES Y-tJS kEeS F )v c, G oh' .• ,f r a w. J ' ' S)
NAYS: Co).
ABSENT:—ir)54 ee kn)Od ii (i)
ABSTAIN: to
APPROVED this 0215Y day of .J un ,2010.
Lyes
James W. Hansen,ll,Village President
cl .OF,O.
ATTEST: 4\\) \GORP0 fi
'
Margaret ''. Gray, Villi_e Clerk /
TA
off'/L poo
CERTIFICATION
I, the undersigned, do hereby certify that I am the Village Clerk of the Village of South
Elgin,Kane County, Illinois,and that the foregoing is a true and exact copy of Ordinance
2010- enacted on J ur a e?.l S-fr. , 2010, and approved on J or) 02I s_= ,2010
as the same appears from the official records of the Village of South Elgin.
OF St U
Village Cl ,Margar tui.' ay ` +
,:c1 OF Etc,
City of Elgin Memorandum
117 F•
04'1Teo FES
Date: July 27, 2010
To: Diane Robertson, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Second Amendment to Intergovernmental Agreement For Interceptor Sewer
Access Between the Village of South Elgin and the City of Elgin
Attached for the city clerk's files is an original fully executed copy of the above-referenced second
amendment approved by the city council on June 9, 2010, pursuant to resolution number 10-111.
(ANI/1/
WAC
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Attachment